"Obscenity", without being rooted in an actual crime involving a victim, such as genuine photographic child pornography, is nothing more than an idea or expression that may make someone "emotionally uncomfortable".
Criminal law has no business wading into the wildly subjective world of feelings.
Google may not be doing the mining for the feds, but if I were the NSA, I'd have taps on all of Google's fiber and reading every last damned query.
This is NO different than feeding telephonic audio streams to farms of supercomputers and listening for threshold keywords which would then get the call popped onto the stack for a wetware analyst to listen to it.
"So I am not sure what the right answer is here. Yes NASCAR did abuse the DMCA notice, however should there be a way for them to delay the posting of such videos out of respect for the injured and their families?"
Precisely measured and stated, how does "respect for the injured and their families", a small number of people, outweigh the rights of the copyright holder to share his/her work detailing the reality of an important news event with millions and millions of others who have a legitimate right to know about what happened?
And while we're at it, what other ways would you prefer that we all self-censor ourselves?
Good point, but that point is based entirely on the -assumption- that the data being transferred is actually being written to a file. It is a trivial matter to write a program that transfers Torrent or other P-2-P sourced data and simply dumps the incoming memory buffers as the data is received.
Computer technology is Hyperpolymorphic. Anything -IS- possible and -MUST- be taken into consideration. You must -NOT- assume anything is happening until you can prove it authoritatively.
...The Judge forgot something just a substantial as his "RULE 1."
RULE 4. BEFORE SUING A DEFENDANT FOR COPYRIGHT INFRINGEMENT, YOU MUST PROVE THAT THE FILE DATA TRANSFERRED WAS ACTUALLY USED TO CREATE A FILE COPY OF THE COPYRIGHTED WORK ON THE DEFENDANT'S COMPUTER. IF THE DATA TRANSFERRED IS NOT ASSEMBLED INTO A FILE ON THE DEFENDANT'S COMPUTER, THEN NO COPYRIGHT INFRINGEMENT OCCURRED.
Short of Gulags and Death Camps, I cannot think of a more compelling example trait that transitions a Government from "By the People, for the People" to an outright Tyranny.
Think about what this means for our futures, and the futures of our children.
I'm thinking about deliberately crashing my plane in the Gobi desert. The pilot and copilot will likely die, but me and my classmates are all expected to survive unharmed. My plane will crash 70 miles off the course that was filed prior to take off and will end up 50 miles southwest of a mining camp. I will be taking 16 survival items with me. Please help me rank them from most important to least important.
A flashlight with four batteries.
A big jack knife.
An aeronautical chart of the area
A big plastic raincoat.
A magnetic compass.
Compresses and bandages.
A 45 caliber handgun with bullets.
A red and white parachute.
A bottle of salt tablets.
A one liter bottle of water per person.
A book titled "Edible Desert Animals."
A pair of sunglasses per person.
A One liter bottle of alcohol (96%).
A light summer coat per person.
A makeup mirror.
Another book titled "How to School Copyright Ignorant Businesses in the Internet Age."
If I'm not mistaken, we adults outnumber the "Children" at least 8 to 1.
Let's kick 'em off the frikkin' internet and tell them to go do their god-damned homework and -then- clean that pig sty of a room!
And...if they get that done, reward them with a nice bedtime story about the four Piggy-Bears, Bill, Hillary, Monica and little Chelsea. Oh! And tonight's chapter is "The Attack of the Sloppy Cigar Monster"..
Re:
.
So far, so good.
But hey, keep asking a million times a day over the next few thousand years.
We'll be here.
.
Re:
.
"Obscenity", without being rooted in an actual crime involving a victim, such as genuine photographic child pornography, is nothing more than an idea or expression that may make someone "emotionally uncomfortable".
Criminal law has no business wading into the wildly subjective world of feelings.
.
Re: Re: Re: So, anyone who still believes that "1984" is fiction?
.
OOTB may not be too far off the mark here.
Google may not be doing the mining for the feds, but if I were the NSA, I'd have taps on all of Google's fiber and reading every last damned query.
This is NO different than feeding telephonic audio streams to farms of supercomputers and listening for threshold keywords which would then get the call popped onto the stack for a wetware analyst to listen to it.
.
Wow!
.
...That there is some serious Communist crazy-talk!
.
Re: Or better yet, THE NAMING RIGHTS TO LAWS.
.
And in a somber, yet forceful voice the Judge said,
"Mr. John Doe, please rise.
You are hereby charged with 4 counts of the RALSTON PURINA Animal Neglect Act. How do you plead?"
.
Re: Another Avenue
.
"So I am not sure what the right answer is here. Yes NASCAR did abuse the DMCA notice, however should there be a way for them to delay the posting of such videos out of respect for the injured and their families?"
Precisely measured and stated, how does "respect for the injured and their families", a small number of people, outweigh the rights of the copyright holder to share his/her work detailing the reality of an important news event with millions and millions of others who have a legitimate right to know about what happened?
And while we're at it, what other ways would you prefer that we all self-censor ourselves?
.
Re: Re: Nice, But...
.
Good point, but that point is based entirely on the -assumption- that the data being transferred is actually being written to a file. It is a trivial matter to write a program that transfers Torrent or other P-2-P sourced data and simply dumps the incoming memory buffers as the data is received.
Computer technology is Hyperpolymorphic. Anything -IS- possible and -MUST- be taken into consideration. You must -NOT- assume anything is happening until you can prove it authoritatively.
.
Nice, But...
.
...The Judge forgot something just a substantial as his "RULE 1."
RULE 4. BEFORE SUING A DEFENDANT FOR COPYRIGHT INFRINGEMENT, YOU MUST PROVE THAT THE FILE DATA TRANSFERRED WAS ACTUALLY USED TO CREATE A FILE COPY OF THE COPYRIGHTED WORK ON THE DEFENDANT'S COMPUTER. IF THE DATA TRANSFERRED IS NOT ASSEMBLED INTO A FILE ON THE DEFENDANT'S COMPUTER, THEN NO COPYRIGHT INFRINGEMENT OCCURRED.
.
End of an Unwritten Epic Poem...
.
...
...
...
...
And such was the warning of Farhad Manjoo,
"They did it to Swartz, and they'll do it to you."
.
I am excited...
.
Today, I am excited and proud to be a Netflix customer.
Just a little more of this stuff and participation from other networks and I will DUMP DirecTV like an ugly, smelly prom date.
.
Hmmmm....
.
Looks like a recipe for disappointment.
.
Richard Marx?? Never heard of him.
.
But now I have and what I know boils down to this:
"Richard Marx is thin-skinned petulant ass looking for a fight."
Has this piqued my interest?
Not one damned bit.
Rot in obscurity Mr. Marx, rot in obscurity.
.
Sad, really.
.
Secret Laws.
Short of Gulags and Death Camps, I cannot think of a more compelling example trait that transitions a Government from "By the People, for the People" to an outright Tyranny.
Think about what this means for our futures, and the futures of our children.
.
Re: Facebook Response
.
Who are you and what have you done with the silently icy, faceless monolith that we have all come to know and despise in such a reflexive fashion.
Well?
I'm waiting.
Still waiting.
Figures.
.
How timely! I need your help!
Hey Guys and Gals...
I'm thinking about deliberately crashing my plane in the Gobi desert. The pilot and copilot will likely die, but me and my classmates are all expected to survive unharmed. My plane will crash 70 miles off the course that was filed prior to take off and will end up 50 miles southwest of a mining camp. I will be taking 16 survival items with me. Please help me rank them from most important to least important.
A flashlight with four batteries.
A big jack knife.
An aeronautical chart of the area
A big plastic raincoat.
A magnetic compass.
Compresses and bandages.
A 45 caliber handgun with bullets.
A red and white parachute.
A bottle of salt tablets.
A one liter bottle of water per person.
A book titled "Edible Desert Animals."
A pair of sunglasses per person.
A One liter bottle of alcohol (96%).
A light summer coat per person.
A makeup mirror.
Another book titled "How to School Copyright Ignorant Businesses in the Internet Age."
Thanks in advance!
Poking the Masnick Bear...
.
Angry Techdirters, charge!
.
And you thought Jar-Jar Binks was bad...
.
...Episode 7 will have a cute, small flying android called "Tinker-Bot".
.
Grrrrrrrrrrrr....
.
You would -THINK- that obvious, repeated, calculated "Avoidance of Service" would be ample grounds for disbarment in any state of the union.
Lawyers, must be held to the VERY HIGHEST standards when it comes to their own use of the -PEOPLE'S- legal system.
.
I have a better idea.
.
If I'm not mistaken, we adults outnumber the "Children" at least 8 to 1.
Let's kick 'em off the frikkin' internet and tell them to go do their god-damned homework and -then- clean that pig sty of a room!
And...if they get that done, reward them with a nice bedtime story about the four Piggy-Bears, Bill, Hillary, Monica and little Chelsea. Oh! And tonight's chapter is "The Attack of the Sloppy Cigar Monster"..
.
Re: New Public Awareness Campaign!
.
MadMen....here I come.
.