False scarcity is the underlying concept that this proposed solution doesn't seem to help us remove.
The proposed registry doesn't seem to do anything to reconcile the difference between the false scarcity that the recording industries want to sell us, and the absence of scarcity that actually exists.
They can't just let the legitimate users of the service have their data! How will they know if the user is retrieving legitimate data, or some movie that the evil user has put up there for safekeeping? There's too much data for them to be able to determine what is legitimate and what is not....
....uhhhh....wait a second! Isn't that what they're asking (demanding) that Megaupload do? You mean to tell me that the authorities are not able to do what they claim the service provider should be doing?! Even though they (the authorities) "know" what is infringing?
Huh, I guess they'll just have to erase it all. At least that way we're safe. Can't have any of those pirated movies escaping!
One problem with the cell-tower impersonation ploy could be the lack of response by devices, other than the target device. Given that we can't be told how the "Stingray" works (we wouldn't want the bad guys to know), how can I have any confidence that my call to 911 isn't going into some black hole that the Stingray is creating?
And wouldn't it be ironic if the police kept someone from getting help, because they were too intent on skirting around the process of getting a warrant?
I've spent the better part of the last 30 years writing code. Up until about 7 years ago, I would write code at my day job and then come home and write more code. I always negotiated my employment agreements to exclude the software I would write during my off hours, and I usually had to give up some money to get those exclusions. But I always figured it was worth the cost. I loved creating software so much that I was willing to do that.
Today, I don't bother trying to negotiate those kinds of terms. I don't write code for any entity other than the company where I work. The simple reason for my stance is that I can't afford to become moderately successful, should I write something that people actually want. With the current state of patent law, there's too great a chance that whatever I create will be viewed as infringing on a patent held by someone else. Even if I were willing to bear the costs of doing patent searches, there is no guarantee against someone with deeper pockets alleging that I have infringed on their patent(s).
In the end, it makes me sad that I can't create things without worrying who will accuse me of "stealing" their idea.
Marzorati's comments are completely ignoring something very simple. Raising the rates by 5% on a $65+ per month bill is not likely to raise a lot of eyebrows. People will usually accept a small enough raise in the prices for goods that they find useful. It is easy to allow your credit card to be charged an extra $2 to $3.
With the paywall, people that have never had to hand over their credit card number will now be required to do so. What is the incentive to start paying for information that they might just as easily acquire elsewhere? I believe that getting your current customers to go from x dollars per month to x+5% dollars per month is probably easier than getting your casual reader to go from paying nothing per month to two dollars month (unless that two dollars gives them something they didn't get before).
So, are the Republicans "the bad guys" for bringing the subcommittee back? It wasn't a Republican lead HR that gave the job to Berman, was it? And if I am reading the post correctly, it wasn't a Republican lead HR that got rid of the subcommittee.
Now I'm not a huge supporter of Congress, no matter who is running it; but it seems like there's a bit of conspiracy theory being pushed here. Not all Republicans are "screw the little guy" and give it all to big business, just like not all Democrats are "I never met a tax I did't love" socialists. There is a chance, slight though it may be, that the subcommittee will end up being led by someone that does favor real IP reform.
To jump to the conclusion that the subcommittee is only coming back because one outspoken IP reform advocate has gone away is a sizable leap. Do we need to start wearing our tin-foil hats?
I don't have a problem with there being oversight for the things you listed. In fact, I wish there was better oversight for many of the issues within the government. I do have an issue with Julian Assange setting himself up as the watchdog over governments and what secrets they have.
His actions are taken without any accountability or responsibility. Who is he helping to protect? Who is he acting to benefit? So far, the only person that I see him actually trying to help is himself.
I don't know the criminal statutes that may apply here. It isn't my business to know those statutes. However, I would bet that the attorneys for PayPal, Amazon and anyone else that has had "pressure from the government" applied to them can tell you what statutes might apply here.
I'm glad that you find my reference to Bond films "worthless tripe." Your sincere contempt for my analogy gives me reason to smile, as I rarely get to see such an elitist attitude anymore.
The reference to the James Bond super villain was only in reference to the way he put out the news of his insurance file. To me, it came across in the same way the threats that Blofeld's did in the Bond flicks. Perhaps it would have been more appropriate to associate his remarks with Mike Meyers' Dr. Evil character.
As for whether WikiLeaks did anything illegal, if they end up being charged with something then that would be for an actual judge/jury to determine. As yet, they haven't been formally charged with anything. That does not mean that they will not be charged at some time in the future.
If you are doing something that aids or abets a party in an what you believe may be an ongoing crime, it is usually a good idea to separate yourself from the party as soon as possible. It is better to do so before charges are filed, otherwise you might find yourself amongst those that are being charged.
Your description of the German not-for-profit foundation borders on a good description for a money-laundering organization. Again, the tie may not be direct, but why open yourself up for the possible risk?
The part about the time line being suspicious is almost too funny for words. Of course the government is applying pressure. That is what governments do before they actually do something totally draconian. It is a bit like telling your children that they shouldn't do something, as the result of doing it might be unpleasant. You do that as a warning, in the hopes that you won't be called upon to actually do something unpleasant (such as file criminal charges).
No, the genie won't go back inside the bottle. That's why I'm for doing something fairly drastic, in order to get the insurance file opened up. After all, if you don't just go ahead and blow the lid off of it, Blofeld (err...Assange) is just going to carry on using it as his blackmail threat. I don't care what they do, including the non-discretionary elimination him and all of his minions. We won't be any better or worse off.
It is interesting to read the various remarks to this story. It seems that the majority here is quite willing to jump on the "bash the US/bash the government bandwagon", but I see very little in terms of reasonable statements. It is true that WikiLeaks has done some good, with respects to opening up the flow of information about government secrets. But it is also true that governments sometimes have good reasons for not parading all of the information before the general public. Julian Assange seems to have decided that he is the ultimate arbiter of the those decisions.
Now, as to whether PayPal, Amazon, or any other corporation, should respond to the pressure of governments or boycotts; the answer is not as easy as it might sound. For profit corporations (such as PayPal and Amazon) are created with specific purpose, and it isn't to be watchdogs over the rights of a group that decides it wants to take on the governments of the world. When Amazon and PayPal point to their terms of service, and then point out that some of what WikiLeaks is doing is prohibited by the laws where those companies are operating, what do you expect them to do? Do you expect them to tell their shareholders, "Tough luck gang. We're going to expose you to the risk of massive potential losses so that we can support this group that is acting criminally"? If they do that then they become liable for lawsuits coming from the other direction.
Finally, let's start applying a label to Julian Assange that fits, the new 007 super-villan. Whether he is guilty of rape or sexual misconduct in Sweden, or elsewhere, you have to admit his latest statements make him sound like Ernst Blofeld of SPECTRE. His threats regarding the "insurance file" and how he will release the password for it, should anything happen to him or WikiLeaks, are only just shy of outright attempted extortion. I can easily picture him sitting in a London flat, cat on his lap, giving out that wonderfully evil laugh as he typed up that missive.
Seems like TechDirt has picked up the same virus that eventually led to my leaving Digg off my reading list. The US certainly isn't a pristine utopia, but the characterization of the US as the new soviet state is way off base.
I have plenty of issues with our government. Dealing with them can certainly be a soul sucking experience. But to hold up an article from Pravda as some sort of truth telling is to take the irony of their name to new heights. I understand when the european sites and people post this kind of article, but for TechDirt to legitimize it is something I find galling.
Mike, you, your staff and readers, certainly have the right and freedom to continue posting this kind of stuff. But having that right and freedom doesn't mean that encouraging it is the right thing to do. My hope is that TD doesn't follow Digg down the path of becoming another "bash the US" at every chance site.
Seems like TechDirt has picked up the same virus that eventually led to my leaving Digg off my reading list. The US certainly isn't a pristine utopia, but the characterization of the US as the new soviet state is way off base.
I have plenty of issues with our government. Dealing with them can certainly be a soul sucking experience. But to hold up an article from Pravda as some sort of truth telling is to take the irony of their name to new heights. I understand when the european sites and people post this kind of article, but for TechDirt to legitimize it is something I find galling.
Mike, you, your staff and readers, certainly have the right and freedom to continue posting this kind of stuff. But having that right and freedom doesn't mean that encouraging it is the right thing to do. My hope is that TD doesn't follow Digg down the path of becoming another "bash the US" at every chance site.
To make a statement like your closing line of "When the KGB are more honest than the CIA, you have a problem", indicates a monumental lack of knowledge about how agencies like these work. If you think either of them function with honesty, beyond that which is enough to make dupes think they are somehow acting in an honorable way, then congratulations, you have graduated to the head of their dupe class. If I were you, I would expect an application to join one of the education camps soon. The moniker eejit does seem to fit your thoughts, at leat in this particular case.
I don't see how they are party to either the trademark or the copyright infringements. Does WalMart hold a major stake in the manufacturing company? Did WalMart dictate the packaging design? Reading the article, I cannot find any evidence that BCP actually believes that WalMart is involved in any direct way.
One of the comments in the article puts forward the idea that the claims were filed against WalMart because they may be able to apply pressure to the supplier. If that is the intention in naming WalMart in the suit then I would have a difficult time granting BCP's case any merit. I find that kind of manuevering to be dishonest on BCP's part.
My opening sentence is a not quite what I intended, and could be misconstrued to mean that they shouldn't be allowed to communicate at all. I should have said...
The biggest reasons for disallowing any particular form of communication centers on two premises.
The biggest reasons for disallowing any form of communication center on two premises.
1. Can a chain of accountability for communications be maintained? In other words, is there a mechanism for maintaining a copy/recording of the communications made by the representative or senator?
2. Can the communications channel be secured? How easy is it for the representative/senator to distinguish when the channel is secure?
Between these two points, a service like Skype might not serve the public interests very well.
In my opinion, the scariest thing about this is not necessarily how it erodes our freedom to exchange information. I am at least as worried about how this seems like the first steps towards the "one world government".
Now, before you shout me down as some wild conspiracy theorist, take a look at what is happening here. For the first time that I am aware of, the major governments/economies are all lining up behind a central set of ideas. The central idea in this case is that the flow of information must be able to be controlled. It is first proposed (disguised) as a move to protect the copyright holders, thus securing the cooperation of the groups that could (and in the old days would) organize dissent to this erosion of rights. I wonder, do the entertainment industries realize that they are possibly playing the dupes for the governments? Will they be surprised when the governments come to take away their rights?
To control the people, governments first control the flow of information. ACTA is definitely aimed at helping the governments accomplish that goal.
Like most of the other responders I've seen to this article, I was surprised to see the suggestion that McD's should have responded differently.
Giving Joyce the benefit of the doubt, I'm guessing that she actually meant to point out that smaller companies do not have the latitude in responding to "customer complaints". Unfortunately, I believe she picked a poor example to make that point. It seems a bit contrived to use an April Fools prank, and the subsequent response from the "victim" of said prank, as the basis for a serious discussion of customer service.
Why she would use this example, given the huge number of examples where a huge company doesn't respond appropriately to authentic customer complaints? As this is an article sponsored by AcceptPay/Amex, is there some agenda being served? I sincerely hope that this is not a reflection of the kinds of submissions we can expect, when the submission is sponsored.
This doesn't address...
False scarcity is the underlying concept that this proposed solution doesn't seem to help us remove.
The proposed registry doesn't seem to do anything to reconcile the difference between the false scarcity that the recording industries want to sell us, and the absence of scarcity that actually exists.
The problem is...
They can't just let the legitimate users of the service have their data! How will they know if the user is retrieving legitimate data, or some movie that the evil user has put up there for safekeeping? There's too much data for them to be able to determine what is legitimate and what is not....
....uhhhh....wait a second! Isn't that what they're asking (demanding) that Megaupload do? You mean to tell me that the authorities are not able to do what they claim the service provider should be doing?! Even though they (the authorities) "know" what is infringing?
Huh, I guess they'll just have to erase it all. At least that way we're safe. Can't have any of those pirated movies escaping!
Re: Big fat deal!
One problem with the cell-tower impersonation ploy could be the lack of response by devices, other than the target device. Given that we can't be told how the "Stingray" works (we wouldn't want the bad guys to know), how can I have any confidence that my call to 911 isn't going into some black hole that the Stingray is creating?
And wouldn't it be ironic if the police kept someone from getting help, because they were too intent on skirting around the process of getting a warrant?
I won't do it
I've spent the better part of the last 30 years writing code. Up until about 7 years ago, I would write code at my day job and then come home and write more code. I always negotiated my employment agreements to exclude the software I would write during my off hours, and I usually had to give up some money to get those exclusions. But I always figured it was worth the cost. I loved creating software so much that I was willing to do that.
Today, I don't bother trying to negotiate those kinds of terms. I don't write code for any entity other than the company where I work. The simple reason for my stance is that I can't afford to become moderately successful, should I write something that people actually want. With the current state of patent law, there's too great a chance that whatever I create will be viewed as infringing on a patent held by someone else. Even if I were willing to bear the costs of doing patent searches, there is no guarantee against someone with deeper pockets alleging that I have infringed on their patent(s).
In the end, it makes me sad that I can't create things without worrying who will accuse me of "stealing" their idea.
Not to be silly...
Start with...
Application Purchasing Venue
Next shorten it to...
AppPurVenu
Finally, throw in something make sure it isn't associated with that formerly cool company with a fruit name...
BananAppPurVenu
A different title for the article
To paraphrase a comment that I read elsewhere...
The title for this article should be changed to 'Google Issues New Challenge to Android Developer Community.'
I would give full attribution to the commenter and/or the website that had the comment, but I don't remember either one.
Another thing to consider
Marzorati's comments are completely ignoring something very simple. Raising the rates by 5% on a $65+ per month bill is not likely to raise a lot of eyebrows. People will usually accept a small enough raise in the prices for goods that they find useful. It is easy to allow your credit card to be charged an extra $2 to $3.
With the paywall, people that have never had to hand over their credit card number will now be required to do so. What is the incentive to start paying for information that they might just as easily acquire elsewhere? I believe that getting your current customers to go from x dollars per month to x+5% dollars per month is probably easier than getting your casual reader to go from paying nothing per month to two dollars month (unless that two dollars gives them something they didn't get before).
Hmm...
So, are the Republicans "the bad guys" for bringing the subcommittee back? It wasn't a Republican lead HR that gave the job to Berman, was it? And if I am reading the post correctly, it wasn't a Republican lead HR that got rid of the subcommittee.
Now I'm not a huge supporter of Congress, no matter who is running it; but it seems like there's a bit of conspiracy theory being pushed here. Not all Republicans are "screw the little guy" and give it all to big business, just like not all Democrats are "I never met a tax I did't love" socialists. There is a chance, slight though it may be, that the subcommittee will end up being led by someone that does favor real IP reform.
To jump to the conclusion that the subcommittee is only coming back because one outspoken IP reform advocate has gone away is a sizable leap. Do we need to start wearing our tin-foil hats?
Re: Re: Perhaps unrelated...
I don't have a problem with there being oversight for the things you listed. In fact, I wish there was better oversight for many of the issues within the government. I do have an issue with Julian Assange setting himself up as the watchdog over governments and what secrets they have.
His actions are taken without any accountability or responsibility. Who is he helping to protect? Who is he acting to benefit? So far, the only person that I see him actually trying to help is himself.
I don't know the criminal statutes that may apply here. It isn't my business to know those statutes. However, I would bet that the attorneys for PayPal, Amazon and anyone else that has had "pressure from the government" applied to them can tell you what statutes might apply here.
I'm glad that you find my reference to Bond films "worthless tripe." Your sincere contempt for my analogy gives me reason to smile, as I rarely get to see such an elitist attitude anymore.
Re: Re: Perhaps unrelated...
The reference to the James Bond super villain was only in reference to the way he put out the news of his insurance file. To me, it came across in the same way the threats that Blofeld's did in the Bond flicks. Perhaps it would have been more appropriate to associate his remarks with Mike Meyers' Dr. Evil character.
As for whether WikiLeaks did anything illegal, if they end up being charged with something then that would be for an actual judge/jury to determine. As yet, they haven't been formally charged with anything. That does not mean that they will not be charged at some time in the future.
If you are doing something that aids or abets a party in an what you believe may be an ongoing crime, it is usually a good idea to separate yourself from the party as soon as possible. It is better to do so before charges are filed, otherwise you might find yourself amongst those that are being charged.
Your description of the German not-for-profit foundation borders on a good description for a money-laundering organization. Again, the tie may not be direct, but why open yourself up for the possible risk?
The part about the time line being suspicious is almost too funny for words. Of course the government is applying pressure. That is what governments do before they actually do something totally draconian. It is a bit like telling your children that they shouldn't do something, as the result of doing it might be unpleasant. You do that as a warning, in the hopes that you won't be called upon to actually do something unpleasant (such as file criminal charges).
No, the genie won't go back inside the bottle. That's why I'm for doing something fairly drastic, in order to get the insurance file opened up. After all, if you don't just go ahead and blow the lid off of it, Blofeld (err...Assange) is just going to carry on using it as his blackmail threat. I don't care what they do, including the non-discretionary elimination him and all of his minions. We won't be any better or worse off.
Perhaps unrelated...
It is interesting to read the various remarks to this story. It seems that the majority here is quite willing to jump on the "bash the US/bash the government bandwagon", but I see very little in terms of reasonable statements. It is true that WikiLeaks has done some good, with respects to opening up the flow of information about government secrets. But it is also true that governments sometimes have good reasons for not parading all of the information before the general public. Julian Assange seems to have decided that he is the ultimate arbiter of the those decisions.
Now, as to whether PayPal, Amazon, or any other corporation, should respond to the pressure of governments or boycotts; the answer is not as easy as it might sound. For profit corporations (such as PayPal and Amazon) are created with specific purpose, and it isn't to be watchdogs over the rights of a group that decides it wants to take on the governments of the world. When Amazon and PayPal point to their terms of service, and then point out that some of what WikiLeaks is doing is prohibited by the laws where those companies are operating, what do you expect them to do? Do you expect them to tell their shareholders, "Tough luck gang. We're going to expose you to the risk of massive potential losses so that we can support this group that is acting criminally"? If they do that then they become liable for lawsuits coming from the other direction.
Finally, let's start applying a label to Julian Assange that fits, the new 007 super-villan. Whether he is guilty of rape or sexual misconduct in Sweden, or elsewhere, you have to admit his latest statements make him sound like Ernst Blofeld of SPECTRE. His threats regarding the "insurance file" and how he will release the password for it, should anything happen to him or WikiLeaks, are only just shy of outright attempted extortion. I can easily picture him sitting in a London flat, cat on his lap, giving out that wonderfully evil laugh as he typed up that missive.
Wish I was surprised
Seems like TechDirt has picked up the same virus that eventually led to my leaving Digg off my reading list. The US certainly isn't a pristine utopia, but the characterization of the US as the new soviet state is way off base.
I have plenty of issues with our government. Dealing with them can certainly be a soul sucking experience. But to hold up an article from Pravda as some sort of truth telling is to take the irony of their name to new heights. I understand when the european sites and people post this kind of article, but for TechDirt to legitimize it is something I find galling.
Mike, you, your staff and readers, certainly have the right and freedom to continue posting this kind of stuff. But having that right and freedom doesn't mean that encouraging it is the right thing to do. My hope is that TD doesn't follow Digg down the path of becoming another "bash the US" at every chance site.
Wish I was surprised
Seems like TechDirt has picked up the same virus that eventually led to my leaving Digg off my reading list. The US certainly isn't a pristine utopia, but the characterization of the US as the new soviet state is way off base.
I have plenty of issues with our government. Dealing with them can certainly be a soul sucking experience. But to hold up an article from Pravda as some sort of truth telling is to take the irony of their name to new heights. I understand when the european sites and people post this kind of article, but for TechDirt to legitimize it is something I find galling.
Mike, you, your staff and readers, certainly have the right and freedom to continue posting this kind of stuff. But having that right and freedom doesn't mean that encouraging it is the right thing to do. My hope is that TD doesn't follow Digg down the path of becoming another "bash the US" at every chance site.
Re: Re: asanage is the new US hero, for making the US look like morons..
To make a statement like your closing line of "When the KGB are more honest than the CIA, you have a problem", indicates a monumental lack of knowledge about how agencies like these work. If you think either of them function with honesty, beyond that which is enough to make dupes think they are somehow acting in an honorable way, then congratulations, you have graduated to the head of their dupe class. If I were you, I would expect an application to join one of the education camps soon. The moniker eejit does seem to fit your thoughts, at leat in this particular case.
Unless WalMart is the manufacturer...
I don't see how they are party to either the trademark or the copyright infringements. Does WalMart hold a major stake in the manufacturing company? Did WalMart dictate the packaging design? Reading the article, I cannot find any evidence that BCP actually believes that WalMart is involved in any direct way.
One of the comments in the article puts forward the idea that the claims were filed against WalMart because they may be able to apply pressure to the supplier. If that is the intention in naming WalMart in the suit then I would have a difficult time granting BCP's case any merit. I find that kind of manuevering to be dishonest on BCP's part.
Does this story include...
a look at the CEO for NPR? Some of her statements, regarding their own recent debacle, seemed be based on something other than reality.
Re: A combination of reasons
My opening sentence is a not quite what I intended, and could be misconstrued to mean that they shouldn't be allowed to communicate at all. I should have said...
The biggest reasons for disallowing any particular form of communication centers on two premises.
A combination of reasons
The biggest reasons for disallowing any form of communication center on two premises.
1. Can a chain of accountability for communications be maintained? In other words, is there a mechanism for maintaining a copy/recording of the communications made by the representative or senator?
2. Can the communications channel be secured? How easy is it for the representative/senator to distinguish when the channel is secure?
Between these two points, a service like Skype might not serve the public interests very well.
Speaking of pitch forks...
In my opinion, the scariest thing about this is not necessarily how it erodes our freedom to exchange information. I am at least as worried about how this seems like the first steps towards the "one world government".
Now, before you shout me down as some wild conspiracy theorist, take a look at what is happening here. For the first time that I am aware of, the major governments/economies are all lining up behind a central set of ideas. The central idea in this case is that the flow of information must be able to be controlled. It is first proposed (disguised) as a move to protect the copyright holders, thus securing the cooperation of the groups that could (and in the old days would) organize dissent to this erosion of rights. I wonder, do the entertainment industries realize that they are possibly playing the dupes for the governments? Will they be surprised when the governments come to take away their rights?
To control the people, governments first control the flow of information. ACTA is definitely aimed at helping the governments accomplish that goal.
Definitely different
Like most of the other responders I've seen to this article, I was surprised to see the suggestion that McD's should have responded differently.
Giving Joyce the benefit of the doubt, I'm guessing that she actually meant to point out that smaller companies do not have the latitude in responding to "customer complaints". Unfortunately, I believe she picked a poor example to make that point. It seems a bit contrived to use an April Fools prank, and the subsequent response from the "victim" of said prank, as the basis for a serious discussion of customer service.
Why she would use this example, given the huge number of examples where a huge company doesn't respond appropriately to authentic customer complaints? As this is an article sponsored by AcceptPay/Amex, is there some agenda being served? I sincerely hope that this is not a reflection of the kinds of submissions we can expect, when the submission is sponsored.