Chris-Mouse 's Techdirt Comments

Latest Comments (538) comment rss

  • On the post: John Perry Barlow Tells Copyright Maximalists That They've Got The Fundamentals Wrong

    Chris-Mouse ( profile ), 26 May, 2011 @ 06:54am

    Why are you people so anti-choice? Yes, the internet provides a way to DIY if you choose, but labels and studios provide services and opportunities if you don't.

    Nobody here is saying that artists cannot choose to work with a label. They are simply pointing out that other methods of distributing music might provide better results for the artists. The labels don't like the fact that the artists now have alternatives, and are trying to get the internet DIY shut down.

  • On the post: Origami Creators Sue Artist For Copyright Infringement Concerning Crease Patterns

    Chris-Mouse ( profile ), 09 May, 2011 @ 01:11pm

    Re: Re: Re:

    The copyright act does not state that the four tests must be done in a particular order, nor does it say that any of the tests is more important than any other. It does say that all four tests must be considered in determining whether or not a use is fair.
    the way I see it, the paintings lose on test 1, and win or probably win on all three of the remaining tests, or overall, I would see this as fair use.

  • On the post: Antique Shop Takes Ownership Culture To New Level, Sues Over Lamps It Doesn't Own

    Chris-Mouse ( profile ), 06 May, 2011 @ 08:27am

    Seems to me that the guy's whole complaint boils down to "the company buyer wasn't identified, so I didn't get a chance to gouge the company when I sold them the original"

  • On the post: Chicago Politicians Say Mobile Phones Should Block Kids From Texting While Driving

    Chris-Mouse ( profile ), 05 May, 2011 @ 12:36pm

    Something like this would really make my phone almost useless to me.
    I don't text while driving. I don't even own a vehicle. What I do do is use the phone while sitting on the bus, on the train, or as a passenger in another person's vehicle.
    If I can't use the phone in those situations, then I'm pretty much reduced to using the phone while sitting at home where I have both a landline and internet service, or else at work, where my employer would prefer that I be doing other things.

  • On the post: Laptop Rental Provider Sued For Spying On Renters Via Surreptitious Webcam Software

    Chris-Mouse ( profile ), 05 May, 2011 @ 12:19pm

    I'm just curious.
    This spying is done via a hardware based system that cannot be detected or turned off by software.
    The computer is sold on a rent-to-own basis, so presumably the computer will eventually become the property of the renter.
    Is the hardware eventually disabled without letting the owner know, or is this system now a permanent back door into every single computer this place has ever rented?
    If I were a lawyer involved in this, I'd like to see records of every system sold with this spy system, and how many of them are still active.

  • On the post: Canadians Ignore Ban On Tweeting Election Results

    Chris-Mouse ( profile ), 03 May, 2011 @ 07:09am

    Re: Re: Re:

    Nope. I'm not asking him to prove a negative. He said there is no evidence that there is an influence. I wondered if he just made that up (which is my suspicion), or was that claim based on actual evidence.

    So, how exactly do you show evidence of a lack of evidence? While you're at it, can you explain how this differs from proving a negative?

  • On the post: Canadians Ignore Ban On Tweeting Election Results

    Chris-Mouse ( profile ), 03 May, 2011 @ 05:53am

    I don't see why this problem even exists.
    Elections Canada runs the elections, and it's the Elections Canada staff that does the counting. That staff, and only that staff, would know the results before the final totals are announced.
    All they need to do is keep the counting staff on duty and off the internet until the polls close.
    Any other information that may be obtained is at best an exit poll, something that is no more than an aggregate total of how people said they voted.

  • On the post: The First Amendment Doesn't Care If Wikileaks Is A Media Organization

    Chris-Mouse ( profile ), 29 Apr, 2011 @ 07:42am

    The First Amendment doesn't apply to Wikileaks

    It's not that Wikileaks is not a US organization that makes the first Amendment not apply, it also doesn't apply to US corporations, foreign citizens or even US citizens. Read the words of the amendment, "Congress shall make no law... " The First Amendment, and the rest of the United States Constitution, applies only to the United States government.
    whether or not a censorship law would apply doesn't matter, Congress is forbidden from creating the law in the first place.

  • On the post: Amazon Uses Steve Jobs Words Against Him In App Store Dispute

    Chris-Mouse ( profile ), 27 Apr, 2011 @ 07:46am

    Apple doesn't need to win to come out ahead.

    Every day Apple can keep the issue in dispute is another day that apps will be harder to get for those using Android, and another day that Apple can keep building on the huge lead it currently has in installed customer base. Apple knows that its app store policies are pissing off developers. It also knows that at the moment there aren't any really viable alternatives. The moment the latter is no longer true, the former will push developers away from the iPhone, and thus kill Apple's dominance of the smartphone market. The longer Apple can keep competition from getting established, the longer Apple will be able to milk the iPhone for everything they can get.

  • On the post: Key Economics Lessons For The Digital Era

    Chris-Mouse ( profile ), 26 Apr, 2011 @ 09:10am

    Re: Contradicting yourself?

    There's no contradiction there.
    Every item has two values and a price. There's the value the item has to the seller, and the value the object has to the buyer. The price is negotiated between them.
    In order for a sale to occur, the negotiated price must be less than the buyer's value, and greater than the seller's value. If this is not possible, then no sale occurs.
    Your 'contradiction' is simply a case of the seller valuing something higher than the buyer. No sale occurs, no matter how much the seller might want one to occur.

  • On the post: Tolkien Estate Strikes Again: Forces Summer Camp To Change Name

    Chris-Mouse ( profile ), 20 Apr, 2011 @ 04:52pm

    I did a quick check of the Canadian Trade-Mark database. It appears that The Saul Zaentz Company of Berkely, California is the registered trade-mark owner for 'Rivendell' in Canada.
    The activities covered comprise a massive list, so massive that it's spread out over no less than seven trade-mark registrations, all for the same term. I didn't see "children's outdoor camp" in the list anywhere, but I may have missed it.
    It does bring a couple of questions to mind though. First, does the Tolkien estate have any standing to enforce a trade-mark if they're not the trade-mark holder? If so, why?
    The other question is is this company involved in all these various fields? If not, why are they allowed to prevent others from using the term in ways that do not lead to confusion with thefields the company actually operates in?

  • On the post: MPAA Praises Government Censorship And Lack Of Due Process

    Chris-Mouse ( profile ), 31 Mar, 2011 @ 12:49pm

    Re: Re: Re: Re:

    Who ever said that "Due Process" has to come before the criminal act is stopped??

    Criminal act? What criminal act? The police do not have the authority to decide if someone is or is not a criminal. That is something only the courts can do.
    The police do have the authority to stop a criminal act if they see it happening. Being told about it by a third party is not seeing it happen.
    the police also have the authority to seize evidence to prevent it from being destroyed. A domain name is not evidence of anything, nor can it be destroyed.
    ICE, the arm of the government that did the seizing, has neither of those police powers. ICE has the authority to detain people illegally in the country, and seize illegally imported contraband. A domain name is not a person, and neither imported, nor contraband. ICE simply does not have anything even remotely resembling the authority to do what it did.

  • On the post: MPAA Praises Government Censorship And Lack Of Due Process

    Chris-Mouse ( profile ), 31 Mar, 2011 @ 11:35am

    When you learn that "due process" doesn't mean "instant process", your life will be easier. Until then, you will always think that the police have to take you to court and have a hearing before they can even write you a speeding ticket.
    Due process does not mean instant process, but it does mean you get a chance to defend yourself before any punishment is applied. That cop can write all the tickets he wants, he cannot take your money without giving you a chance to defend yourself in court first.

  • On the post: Heirs Of Superman Creators Appeal To Try To Get The Half Of The Baby The Judge Didn't Give Them

    Chris-Mouse ( profile ), 25 Mar, 2011 @ 07:34am

    Re: The better question:

    Won't you PLEASE think of the lawyers!

    I think of the lawyers frequently. Unfortunately, what I think of them would not be acceptable to post here.

  • On the post: Cornell Library Rejects Non-Disclosures On Journal Pricing; Will Reveal All Prices

    Chris-Mouse ( profile ), 25 Mar, 2011 @ 05:23am

    Re: why isn't that the first step?

    Maybe it would be because Cornell chose to take a different first step instead?
    Rejecting NDAs for closed journals and supporting open journals are not mutually exclusive actions. Cornell simply chose to reject NDAs first.

  • On the post: Forget Infringement, Major Labels Should Be Worrying About Having To Pay Much Higher Royalties On Downloads

    Chris-Mouse ( profile ), 23 Mar, 2011 @ 08:45am

    Eminem could find himself with no online distribution (except piracy). He could find his back catalog not being sold, as a result of it not being economically viable to bother doing it.

    Funny how the record label math works out. Out of every 99 cent song downloaded from iTunes, Apple pays royalties of somewhere around 60-70 cents to the record labels. Apple also pays all the digital distribution costs out of it's share of the money. The record label pays out nothing, and collects in money. Since the royalty rates are based on the wholesale price, not retail, the total royalties payable to artists and producers would have to rise above 100% before the record label would lose anything. They may not get to keep as much money as they'd like, but who does? If they expect to find sympathy, they'd better start looking in the dictionary, because they won't find it anywhere else.

  • On the post: Am I Violating The DMCA By Visiting The NYTimes With NoScript Enabled?

    Chris-Mouse ( profile ), 22 Mar, 2011 @ 01:19pm

    Re:

    I don't understand why you people are opposed to NYT wanting to make money off of its own content. Every website has the right to find a way to monetize its product. If it fails, it's because people decided not to buy it, not because erecting a paywall is some sort of work of grand villainy as you make it out to be.

    Nobody here is objecting to the NYT trying to monetize it's content. What we are doing is pointing out just how stupidly the NYT is going about doing it.
    Expecting people to pay to read the NYT when the same stories are covered by others elsewhere for free is simply dreaming.
    A paywall with so many loopholes and exceptions that nobody has any idea when or if they will hit it is nuts.
    A paywall that's so insecure that many people will accidently bypass it is laughable.
    There are many ways to make money from content. The NYT seems to have figured them all out, and then gone and done the exact opposite.

  • On the post: Microsoft Continues Its Backdoor Legal Fight Against Android: Sues Barnes & Noble Over Nook

    Chris-Mouse ( profile ), 22 Mar, 2011 @ 08:17am

    Re: Compete in the market, not the courts...

    I would so love to have a smartphone with a cereal interface.

    sorry, I just couldn't resist.

  • On the post: PayPal Cuts Off Account For Bradley Manning Support

    Chris-Mouse ( profile ), 24 Feb, 2011 @ 10:40am

    Isn't this fraud?

    If paypal accepted payments to be credited to a specific account, then refuse to release the money from the account to the account holder, wouldn't this be considered fraud?

  • On the post: Did Homeland Security Seize… And Then Unseize… A Dynamic DNS Domain?

    Chris-Mouse ( profile ), 16 Feb, 2011 @ 09:22am

    Re:

    Why the derision? Do you not think that sites dealing in child porn should be taken down?
    How many of these web sites were taken down as a result of this action? None, the site are still there and will be up with new domain names within hours.
    How much of the child pornography has been destroyed? None. It's all still on the original servers and you can still get to it if you know the IP address of the server.
    How many child abusers have been arrested and will face trial as a result of the seizures? None. The seizures merely give the abusers a heads up that the police are after them and it's time to disappear.
    How much damage has been done to thousands of innocent companies and individuals publicly accused of distributing child pornography? Massive amounts. Simply being accused of being involved in child pornography is enough to destroy reputations. I really do hope the owners of the web sites involved sue not only ICE, but also the individuals involved in such reckless political grandstanding.

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