Mike C's Favorite Techdirt Posts Of The Week
Prenda, prenda, prenda… (hat tip to Jan Brady). What… you thought I’d lead with something else? Ohhhhh, fine!
So here we are at the end of another week and what a week it was. We started off Monday with April Fool’s Day and there were a couple of fools to be found. How Viacom expects the judge to keep a straight face when blatantly misconstruing the clear regulations in the DMCA is beyond me. And NATO… WTF? As a home based employee, I’m lucky if wear pants on any given day. There’s no way your run of the mill "hactivist" is going to wear a uniform. Of course, the biggest tease of the day has to go to Mike’s reminder of the looming appearance by Prenda Law in Judge Wright’s courtroom. After that article posted, I barely got any real work done as I was scouring for other opinons. Of course, that drove me to follow Popehat on Twitter which turned out to be one of the best decisions of the week.
Tuesday started out with a hint of the logical disconnect to come with a follow-up story about Paul Hansmeier and his attempt to branch off as a professional Class Action Objector. I’m beginning to believe he’s gotten to the point where he really believes the words coming out of his mouth are true – a scary proposition. Of course, we didn’t have to wait too long for the extinction-level event to take place. Prenda showed up, plead the fifth and left – all in less time than it takes to get a pizza delivered. They pissed off the judge and gave me (via Ken/Popehat) my favorite phrase of the week: incandescently angry. Ken White’s analysis was, to put it mildly, also a great read. We now get to wait for the delivery of what we hope to be a nuclear (but well reasoned) response. Of course, that agony ended up being tinged with anger at seeing how Congress is planning to debate CISPA behind closed doors. A government of the people, by the people and FOR the people? Not lately…
Wednesday gave us a follow up to a prank from Monday which led to my 12 year old son asking “Why are people so stupid?” Even in 6th grade, he understands enough basic chemistry to know what that is. Of course, in our panic driven environment these days (if you see something, say something), you have to wonder if it was an inevitable outcome. And speaking of outcomes, does anything think this could possibly have a good one? Of course, predictions seen on Techdirt could never come true, could they???? We also had the USPTO offering a final rejection of an Apple patent that Samsung supposedly infringed. Since the case is still rattling around the courts, who wants to bet this adds another 2-3 years to it’s duration?
On Thursday, I had a combination of family and work matters intrude, but did manage to catch what turned out to be my Favorite Techdirt Comment of The Week. In a follow-up story to DMCA takedown by Prince, Mike posted a link to the video in question and an analysis of why it was Fair Use and how the takedown should have taken that into consideration. Of course, we had a few copyright trolls show up to which reader S. T. Stone gave a rather comprehensive reply, garnering a First Word. Trolls being what they are couldn’t let it rest, but S. T. Stone came back with a second, just as eloquent and insightful response. Well done!
Nothing like finishing out the week with a little insanity where the EFF helpfully points out that based on public statements from the DOJ, it’s illegal for a 12 year old to read the New York Times online, but perfectly fine if he reads the print version. Cue the dog with the tilted head/WTF? look on it’s face. And of course, how can we have a week without the entertainment industry telling us how we’re doing it wrong? Wait… I know… I’ve got the perfect solution to the music industry financial crisis – bands just need to sell ads to be placed in the middle of their songs!!! All they have to do is take their own advice now and we’ll all be saved. Yay!!! Something tells me they’re not going to listen though. Oh well – back to waiting for Judge Wright’s incandescently angry order… 🙂
Or, just take it to the next illogical conclusion...
If we "accept" the national security premise, and accept that the current administration has a problem with Walmart acquiring TikTok, that means Walmart is ALSO a national security risk, right? I mean, this is being done to bolster national security so it's obvious we can't have yet another risky company complete the purchase....
Wonder if I could get the Q supporters to pick this up and run with it... :-)
Re: This looks ripe due to the circuit split
So, in theory, if you want to get the current administration to push for tossing this out, have someone harmed by a pro-administration rally in Texas, Louisiana, or Mississipi file suit citing this case as precedent....
You almost have to wonder...
It's obvious that the police want to release the criminals and only go after the cash and goods in order to keep the assets, but I'm starting to wonder if they're starting to intentionally ignore certain law-breaking so that the money train keeps rolling.
For example, in this case, once they found the money, did they keep searching? Was any other contraband found? How about weapons? How about electronics... were they searched or seized? Or, is it just as likely that as soon as they found the money, they decided on a course of action most likely to result in retention of the cash but release of the individual?
Re: Warning to leakers
1 (amended). Get reporter to buy you a burn phone with cash so that it's in their name.
Re: Re: "That's already been proven wrong"
Doesn't matter that the bill isn't law yet. It's retroactive so any content currently available is subject to it's terms. All it needs is a signature and they have the votes to override a veto so sites might as well act as if it is law.
Re: Re: Slight correction
This seems relevant....
https://i0.wp.com/greatestmemes.com/wp-content/uploads/2016/01/FB_IMG_14406844172841.jpg?w=547&ssl=1
Re:
I searched for my wife. Nothing from her, but mixed in with the results were dozens of identical submissions on the same day, same name, different address, same comment from "Janet Copper". Saw the same on every name search I did - there is always a large number of entries with same name, same date (or within 24 hours), same comment, different address.
If they were truly interested in a "clean" process, they should have included a "Submitted by IP address" as well. We all know they likely aren't, but would have been nice to see.
Re: The Butt Hurt is Strong in This One
As the parent of a high school athlete who hopes to run track in college, I know that if my son wants to run at a Division I or II school, he MUST register with the NCAA before a coach is allowed to contact him. While I haven't completed the registration yet, my guess is that there are all kinds of rules in the click-wrap/EULA that we will need to agree to. Among them, I believe, is a requirement to maintain an "amateur" status. See page 24 of the guide from their site here:
https://web3.ncaa.org/ecwr3/ec-resources/Guide_for_the_College_Bound_Student_Athlete.pdf
While tragic, Minnesota was not really a case about escalation...
...however, in Massachusetts, they apparently feel it's appropriate to send a dozen units and the regional SWAT team for someone who is suicidal... but no counselors.
http://www.msn.com/en-us/news/crime/his-parents-said-he-just-needed-to-sleep-a-swat-team-came-instead/ar-BBEsOJB
Drew Curtis' response was pretty good...
I like Drew's answer...
Depends on if you deal w N. Korea in a public restaurant. That you own. In Florida
https://twitter.com/DrewCurtis/status/831515768776962052
Re: Re:
No, the device hardware still functions. It will just abort operations because the server it's trying to connect to doesn't exist anymore. Bricking has a specific meaning and the article is being misleading.
That being said, this is further proof that consumers need to be very wary of anything that must "phone home" first in order to work.
Re: Re: truth will out
CMP may be releasing all versions of their videos, but the media tend to "report" only on the edited version. It's like most "news" these days - the only story we get is the one that generates clicks/eyeballs. You actually have to spend time digging and researching if you want to know the real story.
Re: 40 and 0
Actually, it may not even be third...
http://en.wikipedia.org/wiki/Basketball_winning_streaks
Lawyer cost is not a concern for Disney
But don't you see, cost isn't a real concern for a movie production studio. It's one of the ways they can absolutely guarantee the money doesn't "make a profit" - through the use of "expenses"
:-)
Re: Yet again...
Easy - remove the word "knowingly" from the DMCA section 512(f). That would clean an awful lot of this up in a real hurry:
(f) Misrepresentations.— Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Editorial gold
Among the silliness in name generation, I love how the first letter of each paragraph ALSO spells out the name Kirby Delauter.
Typo...
I thought it was "Stolen Information" (caps) :-)
Re: Fox News
Do you even have a clue as to how ratings are generated? An eon ago (10+ tyears) I worked for a competitor to Nielsen but both companies generated their "ratings" the same way. They measure the viewing habits of a relatively small subset of people willing to be monitored. They then "extrapolate" (i.e. half-assed guessing) up to a local market, regional and national "rating". That "half the country" rating could be based on as few as 10,000 households. You read that correctly... your belief that 50,000,000+ HOUSEHOLDS watch Fox News is likely based on the viewing habits of less than 10,000 people. Yeah.... totally reliable...
Re: How sad...
If Dish could grow some corporate cojones and be a bit more open about pricing, they could "win" this dispute in a heartbeat. Imagine if they contacted their subscribers with this poll:
Fox Broadcasting (Fox) and Dish Networks (Dish) are in negotiation to determine the rate Dish will pay Fox per subscriber in order to carry their content. The last request Dish received from Fox was an increase of 175% over our previous contract amount. Since we cannot absorb the full cost of this increase, this means that we would have to increase all rate plans by at least $3/month. Please indicate below which option you would like to see us pursue:
1) Continue to aggresively negotiate with Fox so that we can keep the increase to a minimum
2) Agree to the increase which will mean a corresponding increase to your monthly bill
3) Investigate alternatives to Fox Broadcasting content and keep monthly bills static.
4) Drop Fox Broadcasting content entirely, do not find an alternative and reduce monthly bills by $3/month.
(yeah, yeah, I know... #4 would never happen. Be funny if it did though)
Re: ILCP sadly supports Slater
Interesting point but it makes me wonder whether the amount of interaction with the equipment will end up being the determining factor. For example, in the monkey selfie photo above, the monkey physically interacted with the camera and through it's direct action, caused a (rather fortuituos) photo to be taken. For camera traps, the photographer does all the setup and touching of equipment. All the animals do is walk into a sensory field and, I'm guessing in most cases, have no clue there are man-made objects about.
Take it a step further and instead of an animal, another human ends up being the subject in a photo from a camera trap. If the subject was completely unaware their picture was about to be taken, would they still own the copyright according to your theory?
As I said above - interesting point and not one that I'm even remotely qualified to answer.