Ltlw0lf's Favorite Techdirt Posts of the Week
from the huffing-and-puffing dept
This week's posts ran the gamut from the evils of DMCA/ACTA/TPP, to computer security issues, to the government’s effort to pass draconian treaties which are most likely binding even when the government says they aren’t, to cheap computers that will revolutionize the world. There is always a lot of good stuff on Techdirt to talk about.
One of my most favorite posts this week would have to have been the article about how Hollywood would like to see us space-shift DVDs by forcing us to take the DVD to a store to convert into a file for use in our non-DVD capable devices. They appear to be hoping that by offering this capability, they will head off the consumer groups out there who are trying to get the Librarian of Congress to allow ripping of DVDs as an exception to the DMCA's anti-circumvention provision.
It also outlines something that many of us here say regularly in the comments; that the gatekeepers are so used to holding all the cards, abusing their producers and customers alike with one-sided contracts, DRM, and onerous regulations and they really don’t want to change. And neither do their customers, who will continue ripping the DVDs themselves, violating the anti-circumvention provision of the DMCA because it is easier and more effective than any legitimate alternative Hollywood has provided. And of course, we are talking about space-shifting, which was a legally protected activity until DMCA made it illegal only if the material was encrypted to protect copyright.
The gatekeepers won't be successful in this effort until they can control software distribution all over the world and outlaw computers which can be modified by the user, and I just can't see this happening in a post-SOPA world, no matter how much the gatekeepers would like to believe that the SOPA backlash was a one-off event caused by "misinformation" and "undemocratic" processes. Something that most of those who participated in the anti-SOPA demonstrations felt pretty much summed up the actions of those behind SOPA with the backroom deals, the laws for sale, regulatory capture, and the efforts to discredit those behind the anti-SOPA demonstrations as lapdogs for Google.
And of course, we have the EFF fighting against companies sending out automated bogus DMCA takedowns for things they have no legal right taking down. Hopefully someone will bring some sanity to this problem – but I am not holding my breath. I used to think DMCA was an army where SOPA was a nuclear holocaust. But now it looks like the DMCA is an army with nuclear bombs – placing them somewhat indiscriminately and with no concern of legality or collateral effects. At some point, like everything else, it will backfire on the gatekeepers, as we have seen recently where two gatekeepers sue each other over the public domain or over trademarks. Someone is going to issue a takedown for another gatekeeper, and the nuclear armageddon will begin. Especially with automation, where companies really aren’t checking the results to assure that the results are correct but which does not appear to be happening in these cases (every engineer/scientist learns early on in their career to check the results.)
Moving on, this week saw a couple posts on computer security issues. We had the post on how the University of Michigan hacked the online voting system that was placed online specifically for the public to test the functionality and security of the system. We have to commend OSDV and Washington D.C. for doing the right thing and putting the system online to be tested. And the University of Michigan (and the others) who tested the system to its fullest and made the results available. This effort will make the system more secure, if they take what they learn and fix the problems and don't introduce new ones. We know that many of the problems discovered here also exist in the closed source voting systems, and this is precisely why those closed source systems are so hard to trust.
On a lighter note, we have the post on the Raspberry Pi, and how it could be a big problem for oppressive regimes. So many people were excited about the product that they crashed the server. Having cheap and small devices which run open source operating systems and applications can make things far more difficult for countries and gatekeepers who want to control how everyone uses their computers. Having less devices to worry about securing, and tailoring the 20W $25 PCs to replace the 650W $500 Desktop PC will have a better effect on the environment. Now if they can get the computer to fit into an Altoids tin, that would be awesome.
And finally, something I found to be surprising, is that teaching styles of teachers are much more of a distraction then computers in the classroom. I didn’t have a laptop with me in school until I was in my senior year in college, and that was only on a special occasion. However, it makes sense, as I find I am most efficient when I allow myself a couple short opportunities to visit Techdirt. Though if my boss is reading, I am multi-tasking and I am blocked waiting for the tasks to finish.



Re: Re: Re: Re:
One can't help but wonder if this isn't payback from Sony for "Don't Download This Song".
I don't think Sony has enough intelligence to have any malice towards Al for that song. Its sarcasm is far too subtle for them, and they probably figured he was just echoing their sentiments that downloading the song is evil and hurts the artists.
I seen Al several times in concert, and he has done far worse than "Don't Download this Song" on the road. If you do get a chance to see him in concert (he doesn't seem to travel to Asia much unfortunately,) I recommend it. I am still amazed at how much effort he puts into his costumes even on the road, and how quickly he changes into them (he does have breaks during the concert, but they usually are the Face to Face with Weird Al type stuff which aren't that long (usually bits and pieces about 30s to 1m in length.)
Amazon.com does carry most of his albums, including the aforementioned "best of" albums that he hates. I am not sure if they are available to you in Asia, but you might be able to figure out a proxy to allow you to buy them and get them to you.
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Restore copyright period to its original span of 14 years.
No disagreement here. Or switch to property-tax based copyright, which will allow companies to hold on to copyrights until they are no longer profitable for them and start costing them...then the item becomes public domain and anyone can put it in the bargain bin (or on the internet.) Companies still make a killing publishing works of Shakespeare, which is in the public domain.
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Mickey doesn't expire. He takes the "Youth Elixir" from the "copyright Fountain" and gets a few decades more. It's said Disney has mastered the art of refining the elixir and the next time Mickey drinks he'll get a millennium extension and some lawyers will manage to pass down the wealth into the next 10 generations.
I'd be ok with that. If the copyright maximalists want to treat intellectual property like real property, then I think it should be real property and taxed accordingly. I pay ~$3000 a year in property tax, based on 1% of the sale price of the property. They should be charged 1% (or more) of the gross profits per year, with a minimum of $125,000 per year (based on the maximum penalty for infringement.) The money will go into paying for court costs and enforcement, with a new system in the Library of Congress which maintains a list of what items are still in copyright, the cost of licensing, and who to contact. Anyone who doesn't pay loses their copyright forever (it enters the public domain immediately, just like you failing to pay your property tax means the property receives a lein and eventually gets a default and foreclosure.) The artist can assign the property to a publisher, but if the publisher does not pay the bills, the artist can take the property back and pay the bill, or can allow the property tax to not be paid and the work to become public domain (with appropriate limits and the usual paperwork, like extensions to property tax payments and maybe even a one time grace and a per year discount if you are actually publishing the material, like some of us get when we pay for property taxes on a first home.)
That way Mickey never expires, and the public gets a chance to view/read/listen to material which the publisher no longer believes they can capitalize on.
Re: Re: What about the TOS
Pirate Pay is a Russian company, beyond the reach of US law enforcement. Another one of the unintended consequences of SOPA's demise.
How would an American law possibly effect a Russian company? Not that SOPA would have helped since clearly those who bought SOPA (and are now upset that their money wasn't well spent,) are the same ones who are paying Pirate Pay to do what they're doing now. I suspect that if American financial organizations stopped processing the Russian companies' payments, they'd just switch to a foreign payment processor who doesn't have any requirement to follow SOPA.
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You're playing that crap? "Hey, guize, We just added a few things so pay lots of cash for it,'kay?"
Well, maybe he downloaded a cracked copy of d3 from uTP.
If not, how is the DRM treating you because I've heard pretty constant complaints from those stupid enough to buy it that the DRM sucks?
Re: Re:
Funny you should say that. I remember in 2006 when I became a fan of "Weird Al" Yankovic music. I wanted to have original copies of his CDs.
Fortunately, I have all of his CDs (unfortunately, even the ones that he was not responsible for and didn't like (Food Album, Best of 1 & 2),) but I feel your pain. I've seen the same with other artists I've been interested in.
And now we have talk that Al has to fight Sony to get his royalties.
What kills me is that Al is a really smart and creative guy, but Sony is exactly the opposite. I wrote him once to tell him that I was trying to show a friend one of his music videos on Youtube that I liked, but due to me being on a Android tablet, Sony blocked me from viewing it. The labels like to claim that every download is a lost sale, but in this case, not having access to the video definitely resulted in a lost sale (although we were able to find it uploaded by someone else and were able to play it, and he ended up buying the album.) I got a nice email back from him explaining that it was Sony's decision and he didn't like it either, but was happy I was able to find the material elsewhere and it resulted in a sale. If I was Al, I'd be looking for another label who cared. Maybe there just isn't one and it would be better for him to just go independent.
Re: Re: Re: Troll them hard!
Well played sir.
Seconded. It has been a long time since that move was played successfully. You sir, win 100 Internets. Please use them wisely.
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You had me till Lion King, silverscarcat.
Of course, nothing I said contradicts all your other points though...they got rich living off of the very well they now want to prevent anyone else from drinking from.
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Lion King
You had me till Lion King, silverscarcat. Disney shamelessly stole it from Yoshihiro Shimizu (Kimba the White Lion) and they knew it. And Shimizu was the better, he didn't sue them. Had the roles been reversed, however, I have no doubt that Disney would have bankrupted Shimizu and buried him and his relatives in debt for a thousand years.
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I already told you, can you not read? By forcing you to create your own ideas instead of copying others. Why copy a Disney character, why not make your own, like many thousands of other animators.
Because copying is how we learn. When I was a baby, I learned how to speak by listening to others speak, and then copying them. When I was a kid in elementary school, I learned how to write by copying what my teacher wrote. When I was a teenager, I learned how to be a person by copying my friends. When I became an adult I learned to be an adult by copying what other adults did. Sure, at each step I made it my own, but I got there by copying others.
One of the surest tests [of the superiority or inferiority of a poet] is the way in which a poet borrows. Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different. The good poet welds his theft into a whole of feeling which is unique, utterly different than that from which it is torn; the bad poet throws it into something which has no cohesion. A good poet will usually borrow from authors remote in time, or alien in language, or diverse in interest.
- T.S. Eliot, "Philip Massinger", The Sacred Wood, New York: Bartleby.com, 2000.
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This message brought to you by TechdirtPAC.
It's like the ColbertPAC, but with less truthiness, I guess. Still, if it is what is needed, I'm all for it. Maybe TechdirtPAC could give out medals for being awesome too (although I already got my e-mail for being awesome, so I'm good.) /s
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So copyright does foster more creativity!
How does using copyright as a sledgehammer to smash anyone who is being creative foster more creativity? Please, we are dying to know. It is almost like saying soldiers create new life by killing people during war.
Re: Re: Re: Re: Re: Much better than part 1
Just report and move on I say. I'm no fan of reporting people/flagging comments, but in his case I'd say it's perfectly acceptable.
I prefer to use the report button for spam and overly offensive comments, but the fact that he keeps spamming his (or if not his, someone who he is friends with,) shill blog might hit my spam quota. I don't have a problem with anyone speaking their mind (and I'll fight anyone who tries to prevent them from speaking.) And so long as they are civil and on-topic, I appreciate them speaking their mind, even if I don't agree with them.
I don't believe this one is the same guy, the other guy doesn't post links and plays the "you don't know who I am" card. I believe this guy was the one just posting random quotes from artists from that (trichord) site yesterday. Not good at the whole internet thing, but at least yesterday the quotes were mildly apropos even if they were old, and cherry-picked (and at least in one case, easily disproved.)
Re:
You could cut copyright to 35 years tomorrow, and the amount of piracy would change very little. Duration of copyright just isn't an issue here. It is at best the red herring you would like everyone to look at, the "outrageous" thing that you can get people to focus on, while ignoring the elephant in the room.
I hate to agree with you, but you are right with this. Having copyrights longer than 20 years has done more to hurt old works than help new works. How many works have disappeared into obscurity because no publisher wanted to continue printing them and no potential reader knew they existed. I am not against copyright, unlike some others here, and I believe it has its place still. But bringing the copyright back into a practical duration will do far more to help older works that disappear into obscurity.
Just think how many new readers/viewers/listeners there would be if those who locked away old books/videos/music into vaults where nobody could access them and appreciate them. Sure, these books/videos/songs could be found in a library, but would you rather introduce a new audience to a work by telling them they have to go to a library, or by placing it on the largest, most accessible library in the world that we call the Internet?
Re: Re: Liar Liar, Plants for Hire...
A)You are not guaranteed to receive the signal for CBS, ABC etc,
Cable and satellite don't even guarantee you'll receive the signal. They make an effort to fix the problem, but I know of at least two friends who bought satellite, and eventually had to cancel it because the company couldn't provide the signal to them they paid for. One was blocked by a mountain, and the other was blocked by stupid HOA rules which mandated where satellite receivers could be placed. Both received refunds, but it took a lot of work to get them taken care of. When my cable went out and I contacted the cable company about it, they eventually fixed it (someone illegally spliced into the cable and knocked me offline.) I never got a refund for the lost signal (nor did I expect one,) and was told that I was pretty much SOL until they fixed it.
B) Since the digital conversion, a lot of people who received the signal before, no longer can. If you subscribe to cable or sat, then you have to pay to receive those channels, making them no longer free.
Absolutely agree here, digital conversion has been difficult all around. What I thought took the cake was that while US broadcasters had to switch to digital, foreign broadcasters did not have that problem. So where I am now, some channels come in analog, while others come in digital. And when analog signals bleed into the digital channels, bad things happen.
Re: Re: Re: Abolish copyright
Oh here we go, Lowery is back.
At least he is consistent. Consistently wrong, but consistent.
I just can't wait until he starts accusing Techdirt of commercially profiting from illegally exploiting artists works because we talk about it here and there are ads on the page.
Lowery, repeat after me, Pirate Bay does not distribute copyright works. They point to others that do, but they don't themselves. (While it is doubtful he'll listen, at least someone else coming here might become more intelligent if we keep saying it.)
Re: Re: Re: Much better than part 1
if copyright is in name only, why does lessig keep losing in court? and, well... tenebaum too...
What does this have to do with anything I or the previous AC said? If you are going to hijack our thread, at least try to stay on topic please.
Re: Much better than part 1
I get a better sense of where you were going with the parking meter analogy now.
I agree. Both of these articles are well written, but I was not sure where Larry was going yesterday either. I look forward to reading more.
Re: Re: Re: Re: Bu, bu, but . . . . Piracy!
Planning on getting rid of? You should have done it years ago.
To be fair, there still is Mythbusters and Game of Thrones.
I can see why its taken DannyB this long.
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iirc the Year of Chaos was 2011
Your definitely bringing me back. I seem to remember there being a huge quake that broke up a bunch of states, and there was a Northern California (which became the California Free State) and Southern California (which parts became Azteca,) with Northern California having a President, and Southern California being a wasteland with no center of power. At the time I was playing, I lived in Northern California, so most of the games took place there in the California Free State.
I don't remember Snake Plissken as part of the game though.