This Week In Techdirt History: August 4th – 10th

from the back-in-the-day dept

Five Years Ago

This week in 2014, while President Obama was defending the CIA’s increasingly exposed use of torture on the basis that they had a “tough job”, James Clapper was defending the redactions in the torture report and calling them “minimal” — but Senators were calling it “incomprehensible”, because even 15% redaction can hide all the critical details.

Meanwhile, comic artist Randy Queen was giving a crash course in DMCA abuse, using takedowns to censor blogs that were critical of his work, then claiming that posts criticizing this were defamatory, then doubling down yet again by trying to DMCA the posts about his DMCA abuse.

Ten Years Ago

This week in 2009, a Washington Post writer started an online journalism dust-up when he complained about Gawker “ripping off” his reporting with a blog post discussing and heavily linking to one of his articles. Other bloggers quickly pointed out that, in fact, the mainstream press “rips off” bloggers constantly, spurring more people to dig in and illustrate the entitlement mentality driving big media’s complaints about blogs, and finally the suggestion that perhaps they should run their own blogs about their own reporting if they are so upset. Amidst this, the Associated Press was still digging in on their plan to DRM the news, with their text licensing calculator that would gladly charge you for any text whether it came from the AP or not, and ironically leveraging Creative Commons licensing language for their ill-fated DRM tech. We suggested the agency would be better off finding other services to offer newspapers, while competitor Reuters stepped up defended linking, excerpting and sharing.

Also this week in 2009, we published a long rebuttal to the RIAA’s factually-challenged boasts about the Joel Tenenbaum verdict.

Fifteen Years Ago

This week in 2004, long before Joel Tenenbaum, we were wondering why the RIAA gets to hold parents responsible for their kids’ downloading. The US was using trade negotiations to export the DMCA and software patents to Australia, as it likes to do, Hollywood succeeded in driving a DVD backup software company out of business, and for no particular reason the FCC happily voted that VoIP systems should be required to have wiretap backdoors for law enforcement — a fitting week for Tim Wu to write a post exploring how different regulatory schemes create a “copyright gap” that impacts the telephony and content industries in vastly different ways. We also got an important appeals court ruling that found websites devoted to criticizing companies are not commercial speech and thus do not constitute trademark infringement.

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Comments on “This Week In Techdirt History: August 4th – 10th”

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59 Comments
Anonymous Coward says:

Have you ever considered how the history of the Techdirt policy of Censorship reflects on Techdirt? Have you ever considered publicly defending your policy, describing your policy in detail, sharing with your own community the transparent details of how your censorship operates?

Or is it a secret that is too embarrassing to you to describe or defend?

I’m guessing the latter.

What kind of society thrives in darkness and secrecy? Criminals? Deviants?

MathFox says:

Re: Moderation != Censorship

Techdirt is no government agency, so it can not censor.

As a private forum it can moderate (or redact) comments; any forum that wants sane readers has to keep (commercial) spam and insane rants under control. Techdirt allows its readers to add comments to the "please hide this" list and with enough votes they will be hidden from plain view.

And, because of my privacy, I won’t tell Techdirt how I conclude a comment is off topic, spam, insane or a rant; which are my reasons to press the "flag" icon.

Anonymous Coward says:

Re: Re: Moderation != Censorship

My point remains about secrecy. How many votes are enough? How do they balance against “insightful” or “funny” votes? Why not publish the vote count, if it is legitimate?

Why hide behinds words like “it can not censor” when it can hide posts? Why play with the meaning of words to make your point? Are you an attorney? Are you fighting to keep things hidden? Why is that?

Why not be transparent and open? What does it accomplish to hide behind generalizations? It makes Techdirt look illegitimate and phony, what is that a good thing?

Who is voting? What are their (fake) names? Why does everything need to be hidden from direct view? What are you afraid of?

Anonymous Coward says:

Re: Re: Re:2 Moderation != Censorship

I suppose because I am an eternal optimist, and I cherish and value free speech, open discussion and transparency. For example, I never admired the KKK, because they were comprised primarily of social misfits and idiots who wanted to hide behind their white sheets and cone head hoods in an effort to look formidable and to overcome their own obvious sense of weakness. I suppose I am hopeful that even the Techdirt regulars might one day embrace the idea of honest debate without feeling the need to hide comments that they cannot respond to. Maybe there are some legitimate ideas that could be learned from the people who frequent here if they would just get over the emotional bullshit and engage in a serious way with other adults about adult ideas.

I guess I have some ideals about what is and what is not acceptable, and I am doing my best to share my ideals with others. I have beliefs, I have heroes, I have convictions, and sometimes I am openly curious about how some of the people here came to their conclusions. I’m interested. I’m game.

Ok, maybe I’m bored sometimes and a little Techdirt therapy makes me happy. IT COULD HAPPEN! REASONABLE VOICES COULD BE HEARD AND RESPECTED HERE! THE CHILDISH NONSENSE COULD BE CALLED OUT FOR WHAT IT IS.

Maybe. Could be. You never know until you try!

Scary Devil Monastery (profile) says:

Re: Re: Re:3 Moderation != Censorship

"I suppose I am hopeful that even the Techdirt regulars might one day embrace the idea of honest debate without feeling the need to hide comments that they cannot respond to."

Uh huh.

AS long as that "honest debate" consists of you claiming a factual impossibility, a flagrant racist ideal, or a concept of abject totalitarianism along with the implicit or outright statement that anyone disagreeing with you has to be bought, deranged, or a monster, then I think you’ll keep getting your comments flagged.

Anonymous Coward says:

Re: Re: Re:

Why do you need to change the conversation to my IQ when I ask straightforward questions? Why do you focus on emotions when I am asking about facts and figures? Why are you avoiding the simple question about being open and transparent? Why not publish what people think, why is it better to hide what people think?

Leigh Beadon (profile) says:

Re: Re:

Have you ever considered publicly defending your policy, describing your policy in detail, sharing with your own community the transparent details of how your censorship operates?

Well let’s see. Our policy is: we allow completely open, anonymous comments without requiring the creation of an account or even the provision of a temporary email address – one can simply type anything they want in the box, hit submit and (barring a few spam filters that try to keep the deluge of spam out of our comments, and can occasionally misfire) it will show up on the site.

Perhaps we do need to offer a defense of this policy. After all, it is extremely rare, practically unheard of on the modern web – in comparison to most blogs, and all social media, our comment section is one of the most open and least moderated on the web. It’s true that some people think this is crazy of us, and that we should be doing more to block/ban people like you, since to most of our commenters you don’t add anything of value and in fact detract from the quality of discussion by poisoning it with bad-faith questions (which appears to be your goal).

To those people I would defend our policy thusly: we get so much great content from completely anonymous commenters (they won both first place spots in this week’s comments post, which will be appearing shortly!) that we’re willing to put up with the people who abuse the system for the purpose of trolling and disruption. We love the anonymous portion of our audience and are committed to accommodating them, and we have plenty of readers who have very good reasons for wanting to remain anonymous when they engage here. We value them more than we value the idea of blocking off some trolls.

Beyond that, we don’t have much in the way of a "policy". We do have a very basic voting/reporting system that can result in some comments receiving small badges of recognition, while others have a single click placed in between them and the reader. That can’t be what you’re referring to though, since only a paranoid weirdo or a disingenuous troll would complain about that as "censorship".

Stephen T. Stone (profile) says:

Re: Re:

Remember: For the troll brigade, having their comments hidden is the same thing as being told “you can’t say that anywhere”, even though those two things are not the same thing. They think they’re owed an audience for their ramblings — and they think you’re supposed to give them that audience without interference. Why? I have no idea. ¯(ツ)

That One Guy (profile) says:

Re: Re: Re: Re:

They think they’re owed an audience for their ramblings — and they think you’re supposed to give them that audience without interference. Why? I have no idea.

Selfish entitlement for the first, and as for the second it’s not that difficult to guess given that said ‘interference’ inevitably and for reasons clear to anyone honest is their comments being flagged and hidden by the community, rather than having them being able to filling up the comments with garbage.

Anonymous Coward says:

Re: Re: Re:

OK, I see, you have no reason for hiding your unknown and unexpressed policy of censorship, by which I mean hiding some comments and not hiding other comments. Instead of actually explaining in detail who applies this censorship, or how it is applied, or when it is applied, or for what reason, you point out that anyone who asks is a paranoid weirdo or a disingenuous troll.

You understand how ridiculous that sounds, right? You sound deluded.

What prevents your censorship system, which is completely unknown to anyone other than yourself, from being abused? Are there any checks and balances? Is there any guidance for people who post about what content is considered unwelcome and what is welcome?

It would appear the only welcome comments are those comments that agree with your views, is that right? Are you open to any alternate views? Have you ever learned anything from someone who had a different view, or do you only consider your views to be reasonable?

Why do you resort to name calling when asked simple questions? Why are disgusting comments talking about body parts and feces not censored?

Why do you act like a little girl afraid of a confrontation and not a reasonable adult that can consider points of view other than your own? Why focus on name calling? Are you ok?

Anonymous Coward says:

Re: Re: Re: Re:

"we have plenty of readers who have very good reasons for wanting to remain anonymous when they engage here"

What are those "good reasons"? Trying to appear as multiple people when in fact they are just a single voice? Saying something untrue in public but disguising your identity (like the KKK or Anti-Fa) to avoid any consequences?

Are you the same as the KKK and Anti-Fa? Is that what you’re saying?

MathFox says:

Re: Re: Re:2

Positive guidance works better:

  • post something interesting (to the other readers), that’s relevant to the discussion.
    For the trolls that can’t seem to see their behaviour from the viewpoint of another, some tips, without guarantee:
  • write proper, comprehensible English,
  • stay with the topic of the article or the thread of discussion,
  • don’t repeat yourself or another, add something new to the discussion,
  • explain the position you want to defend; use solid arguments for your opinion,
  • keep your reaction to the point, readers tend to ignore overly long or otherwise rambling comments.
Anonymous Coward says:

Re: Re: Re:3 Re:

So, if I understand you, the trick is to (first) read the minds of future readers, such as yourself, and post something that I know you find interesting and relevant

Then, my use of English should be comprehensible at least at the junior high level (where the use of the word "shit" was banned)

Only talk about what other people have already talked about and agreed to.

Create that delicate balance between providing enough details to define "solid arguments", but avoid being "overly long or otherwise rambling".

Thanks for that.

Probably nobody is interested in any opinions that don’t follow this outline, am I right? If comments don’t follow this outline, they should be censored, is that what you are saying?

Anonymous Coward says:

Re: Re: Re:2 Re:

Tell me again why the comment I am responding to should not be censored. I didn’t find his comment interesting, or his argument sound, well reasoned or supported. It looks like a very clumsy use of a false choice, obvious to the point of being farcical on it’s face.

Should this nonsense comment be censored, by your own standards of acceptance?

Anonymous Coward says:

Re: Re: Re: Re:

you have no reason for hiding your unknown and unexpressed policy of censorship, by which I mean hiding some comments and not hiding other comments

Is that all? The policy is simple:

Some comments get hidden because enough people click the "report" button on them. Others do not, because not enough people click the "report" button on them.

Glad I could clear that up!

TFG says:

Re: Re: Re: crybaby hamilton does have a bit of a ring to it

Blue then continued to shoot himself in the foot by picking different names each time with an easily recognizable format.

If he thought doing so would hide the fact that it’s him doing so, he forgot (or never knew) that pattern recognition is a pretty basic human trait.

Gary (profile) says:

Re: Re: Re:2 crybaby hamilton does have a bit of a ring t

Crybaby Blue Balls wants to be recognized, but doesn’t want anyone to be able to automatically find his old posts.

Look at how he has downloaded (and counted!) all my posts so he can stay up late and pour over them and count how many times I’ve called him "Corn Fed Wanker" or "Midwest Neo Nazi."

Since he changes his names, it is easy for a human to spot, not so easy for a computer.

Jhn Smith (The very fine scam artist) is a grifter plain and simple – he doesn’t want to get pinned down. If he actually had a legitimate book business he’d be shoving his links in our face every post. Since he is using TOR he feels liberated and can make rape threats, cry about police charges, and then go home and fuck his goats without worry.

Anonymous Coward says:

Re: Re: Re:3 crybaby hamilton does have a bit of a ri

I am no psych doc but I am fairly certain Blueballs suffers from schizophrenia. If you go back to his earlier post he can form reasonably well thought out essays. Contrast that to anything from the last year or two. He can barely form a complete sentence anymore. That and the obsessive cataloging and delusions that Gary and whoever are all the same person and that the flagging system are rigged, are also dead giveaways.

Scary Devil Monastery (profile) says:

Re: Re: crybaby hamilton does have a bit of a ring to it

"I know the AC trolls want their privacy, but why can’t Crybaby and Blue Balls just pick a screen name?"

He more or less has to change it. Once he threatens one poster with rape, SWATting or personal visits he thinks it would reflect badly on him if his next comment is all about how he feels threatened and butthurt over the mean things the other posters are saying about him. In that, at least, he is correct.

I think what you (and probably most of us) really want to ask is; How the f*ck can he think changing his nick while keeping his rhetoric the same will trick anyone else into thinking it isn’t the same guy? Especially if he keeps referring to what he posted earlier under that nick?

But that’s what makes him Baghdad Bob, i guess.

Anonymous Coward says:

Allahu Akbar!
The U.S. must take Monroe Doctrine now.
The U.S. must withdraw American Forces from all Foreign Countries now.
Stop America’s doing its all wars now!
The U.S. must return to the gold standard now!
The U.S. must adopt the gold standard again now!
The U.S. must decrease its military-budget to 100-billion-dollar per year now.
Or, the U.S. must decrease its military-budget to 1% of its GDP now.

I love American99% and the U.S.

Germany and Japan must loosen Germany’s and Japan’s monetary policies now!
Germany and Japan must stimulate Germany’s and Japan’s domestic demands now!
Japan and Germany must issue a lot of construction bond now!
Japan and Germany must reduce Germany’s and Japan’s taxes now!
The U.S. must tighten its monetary policy now!
As a result, Dollar value will rise!
The U.S. will have trade surplus!

Japan and Germany are evil empires.
Islamists’ true enemies are Japan, Germany, FRB, Top1%, Wall Street, American Military Industry and DOD!
Japan is the country which has been promoting Globalization!!!
Allahu Akbar!

American Revolutionary War!
We American 99% have the 2nd amendment!
American Revolutionary War!

Japan’s Ministry of Economy, Trade and Industry (METI) and Japanese-bureaucrats are the main largest promoters of FTA.
Wall-Street, American-top1%, American-Military-Industry are colluding with Japan and Japan’s Ministry of Economy, Trade and Industry (METI).

US DOD, Japan and Germany are enemies of American99%.
US DOD, Japan and Germany are enemies of mankind.

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