More Bloggers Suing For Gov't Press Passes

Legal Issues

from the this-may-not-end-well... dept

We recently wrote about how a lawsuit filed by three alternative publication reporters against NYC for denying them press passes to NY Police press conferences ended in a settlement with NY setting up new rules for getting press credentials. There was a fair amount of back and forth in the comments, with some still believing the lawsuit was sound, even though we had trouble with the idea that the lawsuit had any merit at all. However, it looks like that result may have inspired others as well. A blogger in Maryland is now suing the state for denying him a press pass. The article is long and detailed — and it does sound (yet again) like the government should have issued the guy a press pass, but does that make the lawsuit sound?

Let’s take an extreme example. I write for an “alternative publication,” but if I requested a press pass from the White House, I would totally expect to get turned down. There is limited room in such press conferences, and the White House has every right to determine who gets that access. Same with the NYC police and the Maryland General Assembly. I agree that perhaps these gov’t organizations should have a clear process and clear standards for who gets let in, but I can’t see how it’s a free speech violation to deny press credentials under these circumstances. They’re not saying these people aren’t press, or that they can’t publish whatever they want. They’re just saying they don’t get to enter the building as press.

Filed Under: bloggers, press

Canadian City Asks Google To Reshoot Street View Shots To Get Rid Of Crime Scene

(Mis)Uses of Technology

from the permanent-record dept

We’ve seen all sorts of governments complaining about aspects of Google’s Street View offering, but here’s a first. Reader Joe points out that the city of Windsor, Ontario, has asked Google to come back and reshoot a certain location, because the current images capture a “murder crime scene” with police tape, police car and (apparently) bloody bandages. The city is upset because they feel it reflects poorly on the area and “That’s not Windsor.” They’re also upset because the Google cameras came through during a labor strike that resulted in lots of garbage being seen on the streets. It makes you wonder if towns and cities are going to start to “prepare” for Google Street View cars coming through and make sure that everyone is on their best behavior…

Filed Under: google street view
Companies: google

Another Reason To Worry About DMCA Takedowns: Collateral Damage

Predictions

from the the-weakest-link dept

In the wake of the DMCA takedown notice that forced Cryptome offline, the EFF is pointing out yet another massive in with the DMCA’s notice-and-takedown setup: it leads to a ton of collateral damage in getting legitimate, authorized, non-infringing content blocked by overzealous takedowns. Obviously, there are lots of cases of false takedowns or where there’s a fair use argument — but even if we assume that (in this example) Microsoft’s DMCA was justified, the fact that the entire site got forced offline should be seen as a major problem with the DMCA:

This illustrates a basic problem built into the DMCA safe harbors. Microsoft’s notice targeted just one document. Network Solutions, however, couldn’t take down that single document, so opted to take down the entire site. Thus, although Cryptome’s beef was with Microsoft, Cryptome also had to persuade Network Solutions to take a chance of losing safe harbor protection (although not much of a chance, because Cryptome’s posting was protected by the fair use doctrine). Because Network Solutions wasn’t willing to take that small risk, a whole lot of speech was temporarily disappeared.

As the EFF notes, this happens because the notice and takedown process lets copyright holders go after “the weak link” by moving further and further upstream to find a player in the chain who will take down the content, even if it means taking down much more:

Copyright owners reach out to a “weak link,” the service provider with the least incentive to resist the takedown notice. Unless it has a free lawyer, the cost of doing a fair use analysis and defending a lawsuit–even if the service provider knows it will win–is almost certainly more than a service provider is charging any individual customer, or even a whole bunch of “innocent bystander” customers.

The EFF also follows this up with a list of ways that upstream service providers should react to such DMCA notices, and suggests that customers seek out service providers who will follow that course of action. Of course, the better solution would be to fix the DMCA, but that doesn’t seem likely any time soon.

Filed Under: dmca
Companies: microsoft, network solutions

American Idol Contestants Have To Give Up Their Social Media Presence?

Failures

from the can't-build-your-own-damn-brand dept

Apparently, you don’t just commit to handing over your music recordings if you enter American Idol, but now you have to give up your ability to build your own brand, as well. Hypebot alerts us to the news that American Idol contestants for the latest season were all forced to shut down their Facebook, MySpace and Twitter usage, and point everyone directly to American Idol’s own website instead. In an age when having a strong social media presence is important to career success for many musicians, this seems like quite a big trade-off.

Filed Under: american idol, twitter

Indian Cricket Team Owner Plans Cheaper Line Of Jerseys To Compete With Knockoffs

Surprises

from the market-research dept

We wrote about Indian film star Sharukh Khan not too long ago, when he was involved in a prank/hoax/joke about airport film scanners. However, Amar Balikai alerts us to something else he’s potentially planning that seems pretty smart. Khan, via his production company, owns a cricket team, and there’s huge demand for the jerseys. The official jerseys are apparently quite pricey, leading many to buy cheap knockoffs instead. But rather than freak out about the fakes, Khan apparently wants to create a second line of cheaper jerseys that the team can offer directly, to compete with the knockoff versions. We’ve seen this before, such as with the South African t-shirt company that secretly designed both an official line and its own, cheaper, knockoffs, and was able to better segment the market. In other words, these are both cases of companies recognizing that “piracy” is just a form of free market research. You just need to figure out how to capitalize on what it tells you.

Filed Under: cricket, jerseys

And Here Come The Lawsuits From People Who Claim James Cameron Ripped Them Off With Avatar

Legal Issues

from the get-in-line dept

I saw Avatar with a friend who didn’t know much about the movie heading in, and asked me what it was about — so I gave her the succinct summary I’d heard from a few others as well: “It’s Dances With Wolves with blue people.” Of course, while many people have made similar statements, it’s also been popular to compare the movie to Pocohantas. However, that was just the start. A little while ago, the site io9 put together an amazing look at the many, many, many different movies/books/stories/artwork that Avatar has been accused of “ripping off.”

And, of course, with such a list, you’d have to expect lawsuits — and they’re starting up. A guy in China sued for $146 million, claiming that his online novel was the inspiration. That suit was quickly dismissed. But fear not, now some restaurant owner is claiming that his unmade screenplay was the real inspiration and has sued James Cameron and Twentieth Century Fox.

Or, perhaps, this is a classical story that’s been told hundreds of times before in various formats.

As with almost every lawsuit like this, it will almost certainly get dismissed quickly. However, this happens all the time with blockbuster books and movies (just look at how many times JK Rowling has been accused of “ripping off” Harry Potter, or Dan Brown accused of “ripping off” The Da Vinci Code). At some point there should be sanctions against these sorts of bogus lawsuits. In many cases, it seems clear that the people suing see it more as a publicity stunt to get press attention for their book or movie or whatever (hence the reason we’re not naming the individuals or their works in this post). In the meantime, though, is anyone taking bets on who’s next to sue?

Filed Under: avatar, movies

Since Three Strikes Went Into Effect, Unauthorized File Trading Has Increased In France

Legal Issues

from the nice-work dept

While I don’t believe that the new Hadopi “three strikes” law in France has started being enforced yet (due to data privacy questions), it technically went into effect at the beginning of the year, and was widely promoted around France. Of course, our big question was why anyone thought that such laws would actually make anyone buy. The general reasoning that supporters of such laws gave is that it would decrease unauthorized file trading, and those people would magically want to start buying again. But, of course, as mentioned at the time, we already have empirical data that this wouldn’t work. After all, here in the US, thousands of people were threatened with millions of dollars in fines for file sharing — a punishment significantly more stringent than losing your internet connection. And, rather than decrease the amount of unauthorized file trading, it only increased (quite a bit), often moving to more underground resources.

So it should come as little (i.e., no) surprise that in the few months since the Hadopi law has technically been in effect in France, reports have found an increase in unauthorized file trading, along with a notable shift from BitTorrent to other, less trackable, solutions.

So what’s next? Suing doesn’t work. Kicking people off the internet doesn’t work. Can we hope that maybe next on the list is actually putting in place a good business model?

Filed Under: france, three strikes

How Much Money Can You Make For Others, Rather Than Yourself?

Predictions

from the it's-not-all-about-me dept

Andrew Dubber points us to an interesting post by musician Steve Lawson, where he talks about how he usually uses his blog and other social media accounts to write about others’ music rather than always talking about his own, noting that he can probably help others make more money than he can make for himself. And there’s a reason for that: if you’re posting about something you love that you think is awesome, people take it seriously. If you’re posting about yourself as being awesome, people think you’re an egomaniac.

This is a really good way of thinking about things — and highlights an issue that goes way beyond just music. It’s why so many corporate blogs suck. Because they just talk about their own company, and appear to be propaganda. But it also highlights another important point: the value of passed links. We’ve noted in the past that when people pass around links (or music or books or whatever) it’s the person who’s doing the passing whose reputation is at stake. And, because of that, we tend to trust people passing links to others much more than people just promoting their own stuff. And this doesn’t need to be reciprocal. Steve notes that he just blogs about music he likes — and sometimes he hears from the musicians saying it resulted in a spike in earnings somehow, and that’s great.

To some extent, this also explains some of our position on things like ad blockers. Sites telling visitors who use ad blockers that they’re not welcome are shoving aside visitors who very well may pass on a link that has tremendous value. The viewpoint held by sites like that seems to undervalue passed links, believing the only true value is in the immediate and direct ad impression. But when you focus on just letting people experience whatever cool stuff you’re creating, some of them will pass it on to others, and that “vote” in your favor may be incredibly valuable.

So, while Steve focuses on the point of helping others make more money, if you’re doing cool stuff, it’s worth remembering that a lot of that stuff comes back around (in even more valuable ways). One of the problems we see with so many anti-consumer businesses is that they feel the need to directly monetize every user/visitor/listener, rather than recognizing that the mislabeled “freeloaders” can pay it back in ways that greatly outweigh any sort of direct payment opportunity.

Filed Under: blogs, music industry