Russ 's Techdirt Comments

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  • On the post: Yet Another Example Of Creativity Exploding Without Copyright Law: Football Plays

    Russ ( profile ), 01 Oct, 2010 @ 09:40am

    innovation vs restraint

    Even if you follow the follow the ideas of Joseph Schumpeter, maintain that innovation requires shelter from competition -- the firm in a competitive market is hard-pressed to focus on anything but the short-term, and because profits are limited by competition, may lack the resources to innovate., the current IP law deviates from thos ideas by extending the monopoly far beyond the period necessary to gather the resources to innovate. I would go further to propose that current IP law in fact discourages innovation by providing incentives to maximize margins by reducing innovation expenses once the product has reached a 'good enough' stage.

  • On the post: Airport Scanner Technology Mounted On US Gov't Vans To Scan What's In Nearby Vehicles

    Russ ( profile ), 25 Aug, 2010 @ 01:43pm

    Customs

    customs and immigration operate on less stringent version of the 4th than normal police. I believe that one way they justify that is all those notices that you are subject to search on crossing the border. You don't need a warrant if you are given permission (the old vampire rule)

  • On the post: Video Game Exec Claims Used Games 'Cheat' Developers

    Russ ( profile ), 25 Aug, 2010 @ 01:38pm

    Re: Not the Same as Cars

    The comparison on the resale of cars is a moral judgment, not an economic. The is little economic basis for any resale payment to the original creator because the payments are too uncertain to provide incentive to create.

    Although the game disc may not get wear and tear in the same manner as a physical object the do suffer from obsolescence. Just check the price of older versions of games vs the original price.

    But that argument is a red herring. The issue at hand is whether the aftermarket maximizes the revenue to the originator. For cars, the aftermarket is a major selling point. The higher the retained resale value, the more the perceived value of new. No reason that economic logic wouldn't apply. Adding a cost to that resale value would only have a negative effect on the market for that good.

  • On the post: Ticketmaster Says People Don't Like Service Fees Because We Don't Understand Them

    Russ ( profile ), 24 Aug, 2010 @ 03:18pm

    Airlines

    Don't forget them.

    One of the reasons that teleco's and airlines do the fees rather than increase tickets is for search comparison.

    got to orbitiz, etc. and search for tickets, they will compare the list price, not the total cost.

    TM OTOH has a de facto monopoly in many areas and they add fees because they can. You want to see the event, then pay the piper. Where else are you going to go?

  • On the post: Connecting Authors To Tangible Goods They Can Sell?

    Russ ( profile ), 05 Aug, 2010 @ 01:27pm

    Art for Art's Sake

    From each according to his ability, to each according to his need.

    They favor a 'fair wage' rather than an economic of market driven one.

    Which is why they use the term 'rights' rather than 'earned'

  • On the post: What About Creating A Digital Transmission Right

    Russ ( profile ), 01 Aug, 2010 @ 01:34pm

    Rates

    The proposal fails to take into account the price the middleman would ask. There have been many discussions here in the past about the disconnect between price and value. Take a look at the rates asked for internet radio stations, rates that far exceed the ability of the market to support.

  • On the post: Judge Bars Reporter From Publishing Legally Obtained Factual Info, Saying She Doesn't Care If It Violates First Amendment

    Russ ( profile ), 27 Jul, 2010 @ 11:08am

    Re: Re: Re: Re: First Amendment

    Amendments are part of the Constitution once ratified. There is no precedence (although there may be conflict)between the main clauses and any amendments. Unless of course, the amendment changes one of the main clauses.

  • On the post: Judge Bars Reporter From Publishing Legally Obtained Factual Info, Saying She Doesn't Care If It Violates First Amendment

    Russ ( profile ), 27 Jul, 2010 @ 11:05am

    NLJ

    And telling a bunch of Lawyers for the National LAW Journal that they should ignore the First Amendment is going to get instant obedience.

    I suspect that she is planning on the issue being overcome by events before the appeal is resolved.

  • On the post: Did The AP Violate CNN's 'Hot News' Rights, Under The AP's Own Definition Of Hot News?

    Russ ( profile ), 20 Jul, 2010 @ 08:42am

    Double Standard

    That seems to be a consistent theme with media organizations complaining about the use of 'their' content by other media.

    Whether it be Hot News or Blogs or Google, what is good for the goose is not permissible by the Gander.

  • On the post: The Only Way To Get Joe Biden To Rethink His Position On Copyright Is To Give Him Money?

    Russ ( profile ), 02 Jul, 2010 @ 08:47am

    Re: Re:

    RD, I can see how you could interpret my comment being a R v D screed, but it was meant to be a screed about it doesn't matter if it is public or private, power affects your perception of reality by developing a sense of certainty in your superiority.

    The previous administration set a record of the number of players convinced that their reality was the correct one and to this day don't understand why things didn't work out as expected.

  • On the post: The Only Way To Get Joe Biden To Rethink His Position On Copyright Is To Give Him Money?

    Russ ( profile ), 01 Jul, 2010 @ 02:03pm

    Biden has his own sense of certainty. It produces an alternative reality where dissent is white noise.

    This administration is another reminder that once you reach a certain level of power (management) that just because you can use a tool they think they understand it.

  • On the post: Music Publishers Keep Lashing Out At Consumer Groups; Those Who Respect Individuals' Rights

    Russ ( profile ), 30 Jun, 2010 @ 02:20pm

    Looks like a very good list of things that needs to be fixed in Copyright law.

  • On the post: Music Publishers Keep Lashing Out At Consumer Groups; Those Who Respect Individuals' Rights

    Russ ( profile ), 30 Jun, 2010 @ 02:19pm

    Re: Re:

    He means that unlike a performer, the song writer who only writes is dependent on his ability to sell the song repeatably. Copyright gives him the monopoly that allows him to sell the same thing over and over again.

    Although I don't understand why he should get paid for the performance instead of the sale.

  • On the post: Music Publishers Keep Lashing Out At Consumer Groups; Those Who Respect Individuals' Rights

    Russ ( profile ), 30 Jun, 2010 @ 02:14pm

    "They oppose efforts that expose individuals' privacy without fair and due process. Who knew it was "radical extremism" to insist on privacy rights and due process." Actually individual rights and due process have ALWAYS been radical extremism in all societies. The founding fathers were considered radical and extremists for expounding those principles in the Declaration of Independence (something that Israelite should read this weekend) The fact that over two hundred years has passed since then doesn't mean that the ideas aren't still radical and extreme.

  • On the post: Cuomo's New Plan: A Good Idea Or A Chance For More Grandstanding?

    Russ ( profile ), 18 Jun, 2010 @ 08:55am

    Talking Point

    That was my first reaction. Develop a 'legal' database with all the child porn. The question would be when not if it was hacked.
    Then I thought about it a little deeper and realized for the program to work, not only would there be a database, but it would have to be an open database accessed by any ISP/Website for comparison purposes.
    I now doubt that they ever expect this to become reality but as a campaign talking point (no way it could go into effect before November) it has value.

  • On the post: When Reporters Write A Story You Don't Like, Perhaps Don't Impersonate Them Asking For Sexual Encounters Or Nude Modeling Jobs

    Russ ( profile ), 03 Jun, 2010 @ 10:49am

    getting a job

    Temp to perm is become very popular. With the costs of onboarding and even greater costs of letting someone go, many companies are making sure that they know what they are getting.

    And frankly, most job interviews are chemistry tests, not qualification reviews. And this interview is certainly a runaway exothermic reaction.

  • On the post: Compulsory Licensing Rather Than Artificial Monopolies?

    Russ ( profile ), 19 Apr, 2010 @ 11:01am

    allocation

    How do you allocate the value of a lic if you have hundreds of lic on a end product? Define fair use in this system.

    How do I even know I need a lic for my product because it uses an idea general and/or obvious?

    Rube Goldberg would love to flowchart this concept

  • On the post: For Small Authors, eBooks Are Much Better Than Being Printed On Pulp

    Russ ( profile ), 16 Apr, 2010 @ 09:22am

    Common business Model

    Music, movies and publishing: all the content industries have a common business model based on the blockbuster. Find that home run property that moves the units which pays for all else. If the home runs stop coming, the business model fails. Eventually they have become so reliant on the blockbuster that any other model is unthinkable. To return to their roots is not a business plan that can sold Sure there are lots of companies that succeed with lower margins and volumes, but they aren't the ones that can afford the lobbyists. They aren't the ones that can provide the high rewards to investors or executives.

  • On the post: Misguided Outrage At NY Times' Ethicist Over Ethics Of Downloading A Book

    Russ ( profile ), 12 Apr, 2010 @ 02:31pm

    Re: No Loss?

    Control of distribution yes, control of use or profits no. You can restrict distribution to first sale but after I own it, I should be able to do what I want with it as long as it doens't interfere with your right of distribution.

  • On the post: Misguided Outrage At NY Times' Ethicist Over Ethics Of Downloading A Book

    Russ ( profile ), 09 Apr, 2010 @ 01:13pm

    Re: Baen

    Define good. If you are into military SF or fantasy, they are great books. If you want other genres, you are SOL.

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