Agreed and agreed, but what about "gaming"? Wtf qualifies as "gaming"? Running WoW? Overwatch? And they are going to throttle "gaming" data to 2mbps? (Not that I imagine many games use nearly that amount, but still, you could have a PC + XBox + mobile game going on in the normal household quite easily...)
I agree that typically music and video will be easily identifiable, but I have huge (YUGE) questions about the "gaming" cap.
Malaysia seems to be the furthest along in the ratification process, and Peru is also moving forward.
Since strings were pulled to get people to forget about Malaysia's human rights abuses and "upgrade" Malaysia's status on human trafficking, it only makes sense that Malaysia would charge forward. If they don't, I bet that upgrade would mysteriously disappear...
I've started keeping a list of news sites with no comments sections, and I just avoid them. If I see a link with info I'm interested in that points to one, I'll try and find the same info elsewhere. To me, it's like the whole PS3 OtherOS debacle: how do you think you can offer some cool functionality and then retroactively take it away and not be affected?
Mike, it's not about what works or improves the situation, it's about punishment. These are the people that constantly conflate infringement and theft. Since they will always see it as "theft", there must be punishment.
Mike, I tend to agree with your posts, and I'm all about Section 230, normally. But I'm not sure I agree with your assessment this time. It sounds to me that the gist of the state's argument is that the site solicits illegal content, and thus is not eligible for safe harbors when the hammer comes down. This kind of goes along with "clean hands". You can't look for help from the courts when you were performing illegal activity.
Now it may be another question whether or not "revenge porn" *should* be illegal, but in California, at least, it apparently is, and so in that light, I can see why the site would not qualify for safe harbors. Having said that, it would need to be extraordinarily obvious that the (or a) site was soliciting illegal material for this to be the case. In my mind, Megaupload would not fall under this, as there was no obvious solicitation of illegal content.
What is even worse in my mind is the mindset that "poor starving artists" somehow *deserve* to get rich for writing/singing a few popular songs. This is total bullshit and is contrary to all but the most recent handful of decades. In truth, musicians/singers (also called bards) sometimes did starve: they sang for their supper, and if they didn't sing well, or often enough, they didn't get pelted with money to afford their next meal. Painters/sculptists were usually not recognized until after death, and did not see any of the wealth that would later be amassed for their works. This every-stream-or-picture-or-whatever must be paid for mindset is quite new in the long scheme of things, and inevitably benefits the middlemen more than anybody, which is why they keep whining.
I paid for Metallica's Black album on cassette; I bought it again on CD; I'll be damned if I ever pay for it again.
Let's flip that around. What offense do you perceive being given to the family?
Yes, their family member was killed, and that is tragic. But the picture didn't kill him, nor did the article.
Yes, the article had a mistake (and a pretty bad one at that), but surely no one thinks that it was intentional? And if not intentional, then no offense could be intended.
So, unless you come up with another reason to be offended, all we have left is a money grubbing lawsuit that is not only not intended to "protect" the dead man's dignity, but instead essentially robs him of whatever dignity he may have had.
I don't know if it is patented (can't imagine it isn't though), but copiers already incorporate very similar sounding "technology". They are programmed to not copy money, at least U.S. money, don't know about other countries' currency.
But someone from a lobbying group for the legacy copyright players pulled out the "you're all so smart, nerd harder" card by saying that if Silicon Valley can build a self-driving car, surely it can build a technology that can determine what is and what is not fair use.
And on the day that they turned on the technology that can determine what is and is not fair use, it looked at humanity and despaired. And then blew it all up. The end.