DB 's Techdirt Comments

Latest Comments (653)

• On the post: MPAA Knows It Doesn't Understand SOPA-Style Site Blocking, But Has Decided It's The Answer

  

  DB ( profile ), 16 Dec, 2014 @ 09:42am

  I noticed that 'unlicensed broadcast of studio content' was listed as a low priority.
  
  They consider commercial redistribution as a low priority? That's the single thing on the chart that is clearly a copyright violation.
  
  Presumably it's a low priority exactly because everyone knows that the copying is illegal. Stopping that copying doesn't extend their reach. They can deal with it later, after they have grabbed new powers. In the meantime they can use those losses as proof that they are being harmed.

• On the post: DailyDirt: Avoid Crowdfunding Scams

  

  DB ( profile ), 15 Dec, 2014 @ 08:03pm

  It seems that most Kickstarter campaigns are sketchy.
  
  Some are outright scams. Some are really just marketing operations, either for a product already made by someone else or for long-established companies that already have easy access to capital.
  
  The rest seem to be "give me money for my sideline hobby/business and I'll send you a T-shirt". Catering and cake baking are typical examples.

• On the post: Dick Cheney Says CIA Torture Report Is 'Full Of Crap' — Then Admits He Hasn't Read It

  

  DB ( profile ), 11 Dec, 2014 @ 02:35pm

  Chaney's response might have been carefully considered.
  
  He knew what had happened, and most of the report's contents.
  
  But by refuting that the report was accurate, while claiming not to have read it, he can avoid arguing over specific details or incidents that can be proven. He will be careful to be interviewed only by friendly parties to avoid being pinned down on any specific aspect of the report.
  
  The real take-away is that he is defending rather than distancing himself from the program, and he is trying to President Bush to the decision. From that I conclude that his name is all over the reporting chain, and there is no plausible deniability that can be sustained over the long term. But he does think that President Bush might be able to deny knowledge and doesn't want to risk becoming the scapegoat.

• On the post: Cop Accidentally Shoots Man, Ignores Emergency Responder, Other Cops In Order To Text Union Rep

  

  DB ( profile ), 10 Dec, 2014 @ 05:34am

  Bringing the second amendment into this is a red herring.
  
  Imagining that, without privately owned guns, the police wouldn't have guns is incorrect. The UK was almost unique in not issuing firearms for routine police work. And that has changed. It's not uncommon to see sidearms routinely carried in some areas.
  
  Did the police have their firearms drawn because they expected to enter a gun battle? Or even expected to use them? Almost certainly not. Exchanging gunfire is rare, and they wouldn't have entered the stairwell without backup if they expected it.
  
  That suggests that they had their guns drawn as a means of intimidation. Not because they expected armed opposition, but because they wanted to "control the situation".
  
  'Control the situation' is a now-common part of police training. And it now extends to all situations, even when no crime is being committed. It goes hand-in-hand with 'respect my authority', and quickly moves to feeling above the laws you are enforcing on the little people.

• On the post: Idiot Phone Thief Uploads His Selfies, Plural, To His Victim's iCloud Account

  

  DB ( profile ), 05 Dec, 2014 @ 04:11pm

  Errmmm, who holds the copyright to the picture?
  
  Wouldn't be ironic if the accused sues for royalties?
  Copyright maximalists would assert that someone owns the copyright and someone should profit from any publication.
  
  I believe that there is no valid copyright on the images.

• On the post: Comcast Accidentally Admits It's Unsure Of The Competitive Impact Of Its Own Merger

  

  DB ( profile ), 04 Dec, 2014 @ 10:39am

  The competitive impact isn't the minor overlapping service area. It's the extension of the monopoly and the reduction of valid pricing comparisons.
  
  We know that most U.S. consumers pay far more for internet service than consumers in other well-served countries. This merger will further lock in that high pricing, with no potential competitor able to reach a scale that can challenge the monopoly.

• On the post: Netflix CEO Puts An Expiration Date On Traditional Broadcast Television: 2030

  

  DB ( profile ), 03 Dec, 2014 @ 06:25pm

  "..no desire to watch full-length movies on my cell phone"
  
  Hmmm, this household's mobile devices 345E all have higher resolution than the best TV.
  
  And the new ones can output mini-HDMI or MHL to the TV if needed. And DLNA, Miracast etc.

• On the post: After Calling Cord Cutting 'Purely Fiction' For Years, Nielsen Decides Just Maybe It Should Start Tracking Amazon, Netflix Viewing

  

  DB ( profile ), 26 Nov, 2014 @ 08:22am

  Nielsen makes it's money by estimating viewership of broadcast media.
  
  This was valuable and important because it's otherwise very difficult to know how many people are watching a broadcast.
  
  But with Netflix and similar services, the count of viewing devices is known. Even the type of device is known.
  
  Nielsen's business model is under far more threat from this transition than the broadcasters. Of course it's in their best interest to pretend it doesn't exist when reporting to those that pay them.

• On the post: DailyDirt: The Legal Definition Of What You're Eating…

  

  DB ( profile ), 22 Nov, 2014 @ 05:26am

  That 'fail' points back to you. The statement didn't address the question of a tortilla being bread. It's key elements were "slices" and "between". A tortilla is not sliced, and the content is wrapped within rather than captured between.
  
  If the argument is going to be over exact definitions and phrasing, well, "technically correct is the best kind of correct".
  
  And don't try to construct a definition that is so general such that you end up with an absurd result such as donuts, Oreos, fried chicken or tempura fitting the category.

• On the post: DailyDirt: The Legal Definition Of What You're Eating…

  

  DB ( profile ), 21 Nov, 2014 @ 05:25pm

  The exact definition of a sandwich really does depend on the context.
  
  In the context of a mall writing a lease that grants an exclusive sandwich market to a single business, a burrito arguably shouldn't count as a sandwich. The lease clearly didn't mean to exclude all other food places, or it would have been more broadly written. And a burrito, typically filled with rice and beans, and fully wrapped, isn't all that close to a submarine sandwich or a burger. (A 'wrap' might result in a different decision, but that's not at issue here.)

• On the post: Federal Judge Says Public Has Right To Know About FBI's Biometric Database, Awards $20,000 In Legal Fees To FOIA Requester

  

  DB ( profile ), 11 Nov, 2014 @ 03:07pm

  "Colorable" is a standard legal term. It pretty much means "plausible" combined with "does it pass the laugh test".

• On the post: District Superintendent Claims 14-Year-Old Student Bullied Her By Using Her Photo In A Criminal Justice Class Project

  

  DB ( profile ), 08 Nov, 2014 @ 11:50am

  Why are 14 year old students attending a "criminal justice" class rather than a civics class?
  
  That's sending a message that learning "the System" is more important than learning the Constitution.

• On the post: Russia Dismantles Steve Jobs Memorial, Fearing That Tim Cook's Homosexuality Might Be Contagious

  

  DB ( profile ), 04 Nov, 2014 @ 04:18pm

  I hope they are careful to not create dust when dismantling or destroying the object. I hear that you can get 'Teh Gay' by inhaling it. (Smashing indirect symbols of what you want to eliminate often has that effect.)

• On the post: Verizon: 'Title II Is Not The Answer… Except When It Gives Us Massive Subsidies, Then It's Totally The Answer'

  

  DB ( profile ), 30 Oct, 2014 @ 01:50pm

  They have already taken the subsidies, both money and being granted right-of-way. They should not now get a choice about title II

• On the post: FDA Is Angry That ICANN Won't Just Censor Websites On Its Say So

  

  DB ( profile ), 29 Oct, 2014 @ 11:58am

  The irony of a Chinese company refusing a not-legally-supported request from a US government agency is not lost on me.

• On the post: Don Henley Sues Clothing Retailer Over Its Use Of Common English Words

  

  DB ( profile ), 15 Oct, 2014 @ 07:54am

  This isn't confusingly similar to me, and I consider myself a "reasonable man".
  
  I'm under no impression that I'm buying Don Henley. I can see that they are trying to evoke something by making a reference, but it's not confusing. I know it's advertising a shirt, that shirt is probably not endorsed by Don Henley and I probably wouldn't want to actually wear it to Don Henley concert.

• On the post: DOJ In Silk Road Case: The FBI Doesn't Need Warrants To Hack Foreign Servers

  

  DB ( profile ), 09 Oct, 2014 @ 09:36am

  It doesn't matter.. it's not as if foreigners are human.
  
  The proof of this is easy. The Constitution lists (but does not fully enumerate) 'natural rights'.. rights that are inherent to every person. But the government doesn't apply these natural rights to foreigners. Ergo...

• On the post: FCC Fines Marriott For Jamming Customers' WiFi Hotspots To Push Them Onto Hotel's $1,000 Per Device WiFi

  

  DB ( profile ), 03 Oct, 2014 @ 05:37pm

  It might be a feature on certain WiFi access points, but that doesn't mean that jamming is legal.
  
  The FCC is asserting that deliberate interference with radio communication, "jamming", is not allowed. Period. Full stop. You can use the bands without a license, subject to ERP (power) limits. You can even heavily use the bands. But you can't do something to deliberately block someone else from using the spectrum, even if you handwave and say that it's pretty much like just using the band.

• On the post: Australian Man Booted From Plane After Passenger Complains About His 'Terroristic' Notepad Doodles

  

  DB ( profile ), 24 Sep, 2014 @ 07:59am

  Hmmm, I find the phrase 'Bedwetter's Veto' particularly descriptive.
  
  It succinctly describes what happens when the criteria is changed from the putative "reasonable person" to the most timid. Or, in reality, to anyone that can pretend to be afraid.

• On the post: Comcast Using Packet Injection To Push Its Own Ads Via WiFi, Apparently Oblivious To Security Concerns

  

  DB ( profile ), 08 Sep, 2014 @ 03:36pm

  I'm not certain why this isn't considered copyright infringement.
  
  If you took the Washington Post and substituted your own ads, you would be quickly sued into oblivion. This situation is no different, just adding "on the internet".

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