Mike C's Favorite Techdirt Posts Of The Week
from the occasional-flashes-of-insight dept
Another week gone and another chance for everyone to see Techdirt through someone else's eyes. While I may not be as prosaic and prolific of a commenter as some of the regulars, I hope you find some common threads in what I found poignant this week on Techdirt.
We start with the new research report from Floor64, The Sky Is Rising. While regular readers here were not surprised at the results, my first thought was how to get big content business to read and, more importantly, understand the salient points put forth. As usual, the comments ran back and forth over the standard arguments, but for me, the one from Janis stood out as an indicator of things to come where creators are no longer required to be massively successful in order to earn something from their efforts. As for the rest of the day, we had some of the all too typical indicators that the major content studios are going to continue acting like spoiled toddlers. Color me surprised... NOT!.
Tuesday morning had an article from Glyn Moody that hit close to home. Until my division was spun off and sold late last year, I was a programmer for LexisNexis (LN is a subsidiary of Reed-Elsevier). Despite my desire for the company to prosper so I could continue to receive a paycheck, the Elsevier publishing division was always one I delighted seeing in decline. I firmly believe that, as a whole, mankind is better served through open and shared research. I, for one, hope this latest boycott and alternative publishing effort succeed. Of course, following that, we had more examples of clueless content owners and their overblown sense of entitlement.
Wednesday brought some stark reminders of just how broken our current system of government really is - especially that last one. Think about it - a Senator who is doing what he can to FIX some of the very serious problems in this country is being attacked for doing his job? We really need to get out of this "R vs. D" mentality and focus on the individual issues. If only we could get people to realize that you can agree with someone on one thing and disagree with them on everything else. Madness, I tell you!
Unfortunately, work intruded most severely on Thursday, but there were two standouts. First, I took great joy in seeing that Redbox is once again standing up to Warner Bros. and their ridiculous attempts to treat consumers like cattle. I often wonder if Hollywood will ever realize that people want to be entertained, but in a manner that fits their budget and time frame. All these machinations to alter how people spend their entertainment dollars isn't going to change that one bit. Of course, much like Chosen Reject, I find this fight fascinating and hope to see some updates down the road. On the flip side, it was distressing to see yet another politician ignoring his oath of office to defend the Constitution. Regardless of opinion or even how much of a potential jerk he could be, Josh Fox had a right to record the proceedings. This is another one that I will be trying to find some follow-up on.
Ahhh, Friday. End of the week for many and a day we spend looking forward to the weekend. First up is actually a comment from Suja where a minor replacement made for, in my opinion, a much more accurate set of statements. Next, we had Capitalist Lion Tamer warning reminding us just how close to a police state the US has become and that it's not likely to get better until it's too late. The portions noting the "War on Drugs" and the corresponding comments below reminded me of the first part of an anti-SOPA post on another blog I read:
The so-called war on drugs is a joke. A sick, sad, stupid joke. It didn't get rid of drugs, it didn't reduce drug use, or drug smuggling, or drug violence, or drug related deaths. It didn't, in fact, do a damned thing. All it does is keep a lot of law enforcement types employed chasing their tails.While his language can be a bit rough around the edges, he has a rather succint way of putting things and is usually writing from personal experience. Finally, of course, what kind of a consumer would I be if I didn't at least mention the Super Bowl. It's nice to see someone speaking up about the ridiculous overreach of the NFL. Now if you'll excuse me, I have to go practice my 12oz curls and 5 yard dash (to the bathroom) for Sunday's game when I watch it on a friend's 60" flat screen.



Streisand Effect???
Dear Mr. Rosenthal,
Thank you for bringing this movie to the forefront again. I had originally forgotten about it, but now that I see what kind of jerk lawyers the producers employ, I'm making note of the film to ensure that neither I nor any of my family members watch the film.
Thanks again and have a great day!!
/sarcasm? I'll let you decide...
Re: the case in the DC district court by Judge Beryl Howell... who just happens to have been a former RIAA lobbyist
It should but I'm betting that since the case is about a movie and not music the judge said otherwise.
To be honest, I suspect that if you went by the strict letter of the rules, it's not a conflict. However, there's something to be said for following the spirit of the rule to prevent the appearance of impropriety. Failing to do so just leads people to lose confidence that you will do anything but game the system for your own personal gain.
General knowledge "rule"
You know, the more I hear the MPAA and RIAA push the "general knowledge" rule, the more I think they and their member companies need to implement it internally first. For example, if they have general knowledge that certain music artists have infringed - they need to be dropped from the label (lose their accounts). They can just find another label, right? And if the MPAA has general knowledge that a studio has infringed, they need to ban the studio from MPAA membership. They can just join or create another trade group, right?
After all, "what's good for the goose is good for the gander"...
/I know, never happen. Would still love to see the bluster and outraged looks on their faces if presented with the idea.
Updated: Non-story - it works now.
Apparently, someone at FB or Websense saw the complaints and now allow it to be shared. The issue was the third-party Websense filter that FB implements, not FB itself.
See Mike, that's your problem...
The real problem is that we're NOT in the same world as the maximalists. To wit, here are some salient norms from "their" world:
- Everyone obeys every law that they are consciously aware of. The reason most people infringe is because they don't know copyright laws exist.
- "Steal" means to take without paying the RIAA or MPAA their fair share (typically 75%-90%)
- "Successful artist" is a creator who has signed a contract with a major media corporation.
and finally, back to the article...
- "Monetize" means "add crippling DRM so that the maximum amount of gross revenue can be extracted from each sale of a copy"
See? Once you understand their "world", it just makes so much more sense...
/the color of my sky is blue... how about yours?
Re: Thanks for speaking out on this
So much THIS.
I checked the registry for a 5 mile area around my home. There were 20 or so "offenders" found. Of those, all but 1 were offenses similar to urinating in public or having a girlfriend while both kids were in high school. The one person on the list for a serious offense had been tried, convicted, served his time and moved hundreds of miles from where the incident took place. Additionally, it was an incident with a family member, not a stranger (looked up court records to verify).
I guess my approach of teaching my kids how to protect themselves and what is/isn't appropriate was right all along... lol
Stories like this...
Stories like this one really make me appreciate my oldest son's teachers this year. He can be a wise-ass at times, but always with respect. About a month ago in English class, they were directed to write a short letter to someone or something that annoyed them. He asked for permission to write a letter to the assignment itself...
"Dear English Letter Assignment,"
/He got a 95 on the paper
Re:
It's obvious your new to the whole technology thing, so let me help you understand one of the small but very important facts here. Carpathia is holding on to 25 PETAbytes of data. Since you're clueless, here's a rough idea of some equivalents:
5,000,000,000 MP3 files (avg 5MB per file)
1,785,714,286 images taken with a 14MP camera
1,851,852 hours of 1080p High Definition video
390,625 fully loaded 64GB iPod Touch units
Sure. They just have to pop down to the corner computer store and pick up a couple blank DVD's. I'm sure that'll be more than enough to back up everything...
Re: Re: Re:
You must be new here or you would have seen this post about how a book based on the IDEAS in "Catcher In The Rye" is PERMANENTLY banned in the United States. If copyright is only for the specific expression, why is a sequel based on the ideas in a book forbidden?
Re:
So were prosecuting thought crime now? Pre-crime? I guess Minority Report was a prediction instead of fiction.
Re: Passive Tone
It's no mystery. It's God. Don't you listen to Bill O'Reilly? If you can't explain it, it must be God's hand at work!!
Oh wait... Can I even mention his name? I mean, that might infringe on his publicity rights or something? And didn't he come up with the idea about explaining the unexplainable? Oh crap, now I probably have to pay a license fee as well...
/some kind of mark goes here... or something
Broader picture is the issue
What I see as the core issue is that the legacy entertainment complex refuses to look at the bigger picture. They are solely focused on maximizing revenue for each individual product in a false assumption that the effort will increase overall corporate revenue.
A lot of people growing up in the "Internet Age" understand just how connected things are and how new works build on the efforts of those that came before. Until a significant majority of those "in power" can come to the same realization, we will continue to have clueless statements and legislation such as this latest message.
So, if I'm reading this right...
The way I see it, the PTC wants to play the part of a "bully" and force a distribution company to do what the PTC wants with a movie about bullying rather than leave them alone or play nice. Got it.
The other thing I love about this is the Twitter backlash against the MPAA w/ respect to Hunger Games at the same time. The most common tweet is essentially "so teenagers can kill each other and get PG-13, but a frank discussion of bullying is rated R". Sort of helps show what the MPAA and PTC are all about, huh?
Re:
While they may have theoretically implemented usage caps, I would be surprised is many people have actually been affected yet. I have U-Verse and have had it since 2009. However, when I follow the AT&T link to check my usage, I get this:
Note: Your usage is not yet available for display. You should not be concerned about your usage for billing purposes. AT&T will keep you informed about your data usage via email.
To learn more about how to manage your usage, please visit www.att.com/internet-usage.
While I don't have a Netflix account, I do regularly watch videos via YouTube, Vimeo, Apple Trailers, etc. I also work from home via VPN and transfer sizeable files (200M - 1G+) over the connection on a regular basis. Add in the other 10+ internet connected devices in the house and I'm certainly not a low-usage customer. To date, I've received zero notices regarding my usage.
Re:
Not only the privacy issue, but consider the discriminatory information the potential employer now has access to. At a minimum, many people add birth year as part of their profile (I don't, but I know many who do) which then gives the employer access to age. If the candidate doesn't get the job, can they claim age discrimination? How about someone who hasn't "come out" in public, but has in private in a select social network circle?
To be honest, I believe the potential discrimination lawsuits should really be scaring the crap out of employers over this issue.
Response to interviewer
While it's easy to say "walk away", those who feel it's a condition of employment will feel pressured to comply if they are desperate enough. I have a relative who has been unable to secure steady work for over 3 years now and I'm pretty certain he'd give in just to get a chance at a steady job.
That being said, the part that gets me is how people don't really think things through when they decide to hand over their login. Assuming there's nothing in your private profile that disqualifies you, will handing over the login guarantee a job? If not, what assurances do you have that the info will be treated confidentially? And what about people that reuse an id and password across multiple systems?
While I'm not fully in agreement with a law is necessary, I'm also concerned about potential predatory actions on the part of employers. Like Mike, I think more information is needed here.
I wonder...
our opponents were able to energize a grassroots response
I sometimes wonder if they will ever understand that it was the other way around, that the grassroots energized their opponents of their own free will.
Re: Re: You don't understand!
Ummm...
Re: Ugh...
* scenes
/so angry I can't even type...
Ugh...
And what's going to piss everybody off is that behind the scense, someone is probably twisting arms at the Copyright Office to say "See? Consumers can already do this so the exception isn't needed."
/rat bastards... all of 'em