Ehud Gavron’s Techdirt Profile

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  • Sep 19th, 2021 @ 6:20pm

    Forced Mergers

    Reality is that the Judge should solve the problem by forcing the two organizations to merge ...

    Not in any reality in these United States. Judges don't "force" organizations to "merge". In contrast, organizations that are in violation of the law may be forced to divest, break apart, form subsidiaries, etc. but that requires legal basis.

    Seriously "...some women that want to be men..." You really ought to join the current century of thinking.

  • Sep 17th, 2021 @ 8:33pm

    "Scouting"

    The truth is probably that nobody should have a trademark on the term "scouting". It's entirely descriptive of what the organization is and does

    You might want to look up the word "scouting". It's nothing like what the pedophiles running the BSA do and nothing like the baking events and cookie sales the GSA do.

    Neither organization does "scouting" and neither has either a claim to the word or a legitimacy to being the "only" organization that allows kids of either sex (wait, are we back to only two sexes now?) to do.

    There may have been a time -- but this isn't it. Whether or not parents were "confused" into signing up young women for the BSA or young men for the GSA isn't as irrelevant as the two leech organizations themselves.

    E

  • Sep 13th, 2021 @ 12:03pm

    Recording live events

    Concert performance artists claim a copyright on their performance and don't allow recordings. To me this is an affront to the rule that says that if my eyes can see it in public, then I can record it. The artists say by playing in a private venue and requiring me to sign T&Cs to get my ticket I waived that right.

    Fair enough.

    Out on the street, street performers don't have any of these conditions. It is in public, and requires no adhesion to any contract. I have the right to record them, and to play back that recording.

    The same SHOULD BE equally true if the performance artist is an abusive LEO and his phone playing whatever HE chose to play.

  • Sep 4th, 2021 @ 11:44am

    127/8

    The whole /8 is the loopback interface (lo0 on some systems). It doesn't have to end in 0.0.1... just start with 127.

    Trivia (arcana?):
    1973 was a very different year than 2021. People did not have personal computers, phones did not communicate with towers, and IPv4 addresses would "never run out." Assigning a /8 to ARPA (Net-10), MILNET (Net-26), loopback (Net-127), and even MIT made a mint selling part of their "assigned and necessary" /8 of IPv4 addresses.
    https://www.networkworld.com/article/3191503/mit-selling-8-million-coveted-ipv4-addresses -amazon-a-buyer.html

  • Sep 3rd, 2021 @ 10:36pm

    GPL

    GPL enforcement and litigation is easily found so I'll leave it to the reader, so should he/she be inclined to do so.

    The GPL prevents other people from using your code in proprietary programs.

    No, that's not what the GPL does. The GPL provides specific licenses to allow use of the code. In almost all cases, providing you release the code or make it available, the GPL is a nonissue.

    Some companies use GPL code as part of their proprietary stuff without releasing the code. They get sued, and thus far have failed to win [like "lost" but with private settlements so hard to say] 100% of the time.

    E

  • Sep 3rd, 2021 @ 5:40pm

    Treaties about DNS servers

    Maybe there's a treaty

    No, there isn't. I'll try not to bore you with the history but DNS was originally handled by the US military, then the US DoC. They created IANA and ICANN to offload the oversight and stuff. Both IANA and ICANN quickly became money-grubbing add-nothings. Karl Auerbach has expounded on this much better than I could so I recommend reading his thoughts.

    At any rate

    • no treaties
    • all contract law as per registration "agreements" (look up "contract of adhesion" if you want to know your rights...)
    • failure to resolve and return a resource record is a no-no

    Ehud

  • Sep 3rd, 2021 @ 2:47pm

    Timeframe for return

    Many times I personally purchase something (usually a real object on AMZ, not software on Steam, but then also Google App Store stuff for my phone).

    Sometimes I have the time to USE or review it within minutes. That's not the usual case. Sometimes within days I can do so. That's not usual either. I have a UPS NIB I've yet to open after a year. I have an HTPC server NIB I've yet to open after two years. I have two teak benches I've yet to Allen-wrench let alone open the package.

    The best methods should be... buy the thing, then when you open it, timer starts then. I shouldn't have to open it when it shows up. I bought it. It's mine. If I want to leave it on a shelf till I make time for it, that's my right.

    Same for software.

    E

  • Sep 3rd, 2021 @ 2:43pm

    DNS as an encyclopedia

    Others have already addressed the absurdities of German courts, Swiss sites (err??) etc. Yup.

    DNS is a one-way client-server lookup of resource records (RRs). Typically it is a search for an IP address (A record) or IPv6 address (AAAA record) as a result of a text string "domain.name.goes.here."

    This is no different than an encyclopedia or a phone book, both of which have protection under US copyright laws. If a company chooses to publish one with records that reflect unlawful activity, that's a protected right in the US.

    Disclosure: I run DNS servers. Some have subdomains administered by clients who set their own lookup name and RRs. None will be taken down based on any action of any court. Lawyers will get richer, and stupid laws will be denied.

    Ehud

  • Sep 3rd, 2021 @ 7:03am

    Re: Crybaby nonsense

    ^^^This.

    The Internet is a communication medium and it allows a higher democratization and transparency in many avenues including sharing opinions, other speech, software, applications, etc. This is "good" in the general sense but it doesn't require or generate a necessary "improvement" in either the speech or software.

    It was great to read recently on TD that Bethesda hired modders who had shown their mettle to work for them. This is good democratization. It is unfortunate that software not perceived as worth its price is being subjected to refunds. NOTE: I don't use this software, don't know its devs, so consider this an opinion in general. While I would like to say "If they wrote great software nobody would return it within two weeks" I know nothing of this. Like the OP I quoted, crybaby nonsense...

    The Internet is not at fault. It's a communication medium. Can't blame it. Steam is not at fault. It's a portal/store/outlet. Buy from Steam or don't. You do have 100% of the choice there, and blaming them for ?something? is not really fair.

    At the end of the day we all have options. Exercise them and live with your choice (consequences). Steam? Amazon? whatever. Go for it.

    E

  • Aug 30th, 2021 @ 12:07pm

    Re: Re: Takedown notice

    Sorry, Thad, you need to read for comprehension.

    It's not "wrong words". It's "there is no such thing."

    I appreciate your trying to make me a better TD reader, but to do that you'll need to understand what you read first. Best wishes for that.

    E

  • Aug 30th, 2021 @ 4:04am

    Takedown notice

    It's really not a good thing when media outlets accept the non-law-citing copyright maximalists.

    THERE IS NO TAKEDOWN NOTICE.
    There is only a notice of claimed infringement (17USC§512(3)).

    It CAN'T be automated and comply with 17USC§512(3)(vi) which requires the notifying party to aver under oath.... which only a human can do.

    Anyone who feelz differently is giving up the rights of their users in favor of the non-rights of the complaining bot (which has no rights and fails to follow the law.)

    To summarize: there's NO SUCH THING AS A TAKEDOWN NOTICE and THERE ARE SPECIFIC RULES OF LAW AS TO notice of copyright infringement. Stop giving these people power they don't have under color of law.

    How about going forward write it up as "unlawful notice and request for takedown."

    E

  • Aug 18th, 2021 @ 5:30am

    Stupid court thingie...

    ... destroy all illegal Nintendo ROMs.

    It's amazing to me that a court would grant such a poorly worded injunction.

    There are no illegal files. That's because files don't break the law. Having possession of a copy of a file may be unlawful (e.g. CSAM). Similarly but perhaps easier to understand, there are no illegal firearms ("gunz"). Having possession of a firearm that violates the law is unlawful (e.g. prohibited possessor, concealed carry, modifications to allow automatic fire, etc.)

    Once you realize that monkeys can't own copyright, you may also reasonably notice that non-persons (a file, a torrent, a sawed-off firearm) can't violate the law. Only those people who make use of them may be violating a law.

    It was stupid of the court on another level. Injunctions should only be granted where no other relief is available. In this case I would think an OSC would be all that's "needed." Nintendo didn't do their legwork to collect that massive $50/mo, like liens, garnishment, etc. and here they get rewarded with an injunction and a court order about destroying "illegal files."

    The only example of an inanimate object being the object [no pun intended] of an order of a court is the very nefarious civil forfeiture where cash or assets are sued because they exist. With every LEO getting a cut, and "lawmakers" (lazy asses who bicker with each other as they pass lobbyist-written bills reducing their own constituents' rights) this is unlikely to change.

    E

  • Aug 10th, 2021 @ 8:31am

    Trademarks for burgers in Australia

    Look up "Hungry Jack's" burgers.

    Then you can stop the tone-deaf mashing on Aussies for burger trademarks.

    E

  • Jul 16th, 2021 @ 7:11pm

    "experts" opining on things in which they have no expertise

    https://www.cnbc.com/2021/07/16/doctor-agrees-with-biden-that-facebook-is-killing-people-with-covid- misinformation.html

    All it takes to get media airtime is to be an "expert" spouting off nonsense in a field in which one has no expertise.

    At least President Biden has resources he COULD use to explain 1am and CDA Sec230. I sure wish pols would use those resources before opining. Same for "infection experts."

    E

  • Jun 18th, 2021 @ 4:31pm

    Heat and energy dissipation

    I live in Arizona and this is a normal consideration for all electronics. For a while I founded and ran two ISPs. Outdoor installations often are NOT as exposed as SL dishes. Sometimes they are in an in-ground "vault" and sometimes an above-ground "pedestal." In either case these have passive cooling due to a variety of factors.

    These factors include a lack of space/power to place a direct gas expansion cooler. (think A/C unit size being bigger than the dish and making noise. Add in residential considerations like neighbors and HOAs and CCRs and this is a moot point.)

    You can do non-active cooling -- energy exchangers -- but you typically are limited to both space (must be able to exhale energy) and technology (typically reduces temperatures 15-20°F at best.)

    Even for devices without analog RF radios, it's tough to survive in the Arizona desert. ToughSwitches and Ubiquiti WiFi cams are two examples of "how soon will this die."

    SL is no different in that regard. It's hardware that takes in power (energy) and in operating converts it to heat. It can't remove that heat in the presence of similar heat it's encased in (the air). Differential heat exchange requires a useful difference.

    To summarize: ALL power-consuming devices of less than 100% efficiency must have a way to remove the generated heat. SL is just one more example.

    Ehud
    Tucson, AZ
    110°F in the shade right now.

  • Mar 21st, 2021 @ 1:41am

    Re: it's all about control....

    don't worry sheeple!

    Don't worry, people who can't write at a third-grade level.

    a china firewall will be coming...

    I appreciate that for some people legalized drugs are a thing, but this is absurd.

    Learn to capitalize use a period (hint: looks like this ".") instead of an exclamation (hint: looks like this "!") and call your doctor in the morning letting him/her know you have ass-things coming out of your mouth.

    Night, Troll-eeple.

    E

  • Mar 21st, 2021 @ 1:23am

    Re: Re: Re: Re: Not sure EA is the problem...

    I know, you think "lawyer" is about "state to state".

    They'll teach you about venue in your 1L.

    E

  • Mar 19th, 2021 @ 1:22pm

    Re: "faces serious liability issues"? NO, a "provider" only fine

    ...a corporation cannot be jailed...

    Its directors and management sure can. Use a search engine and check out Kenneth Lay and Bernard Ebbers. There are many more, but these guys were tech CEOs within the last few years.

    Also you entirely missed the point when you wrote about fines:

    ...and SMALL ones at that.

    Mike's point that you missed that several hundred thousand dollars in fines is a rounding error for Google, FB, IG, etc., but it will kill sites (like TD) that can't afford it. (See e.g. Shiva Ayyadurai lawsuit or Hulk Hogan's suit against Buzzfeed.)

    It's all well and good to be uninformed and yelling at Mike without understanding either the history or the facts. You do great at that. Try standup comedy -- on Fox.

    E

  • Mar 19th, 2021 @ 11:09am

    Regulation and Balkanization

    Regulations can help creativity, freedom of expression, everyone is an author, but they can also be a dog: https://en.wikipedia.org/wiki/On_the_Internet,_nobody_knows_you%27re_a_dog

    Regulations, acts, laws, etc. like US CDA §230 (which many TD writers have discussed in detail) help creativity, self-publishing, and it protects you even if you are a dog.

    Unfortunately censorship and control oriented governments like China, Russia, Iran, Turkey, and NOW THE UNITED STATES work hard on a daily basis to make the "network of interconnected networks" be the "network of firewalled networks" and worse yet "YOU, server host, YOU are responsible to ensure that no content makes it through our system.

    The Chinese were not the first and they won't be the last, and since regulations always flow down, like shit down a sewer (sans voter initiatives -- often gutted IF they are passed).

    If this was a Copia Institute post there would be questions for the reader on how to stop this very shitty incline. They say don't ask a question if you don't know the answer. They also say there's no such thing as a stupid question. They also say if you don't know, ask.

    It feels like the traffic stop where if you LOOK at the officer you're presumed guilty (of something) and if you DON'T LOOK at the officer you're just as guilty. Or at the airport, if you're NERVOUS at the TSA JBTs you're carrying contraband. If you're 100% COOL AND RELAXED you're carrying contraband.

    I'd love to see a win/win here, starting with keeping Sec 230 and maybe even adding it to it so that

    • Judges won't be hasty to remove protections Congress codified into law, and EXPLICITLY kept after the rest of the CDA was thankfully removed.
    • Add protections (like SLAPP equivalent and fee-shifting) so if a site is sued for protected UCG they can get a quick free dismissal and make their attorneys rich.

    Ehud

  • Mar 18th, 2021 @ 3:34am

    On behalf of Winnie the Pooh

    Truly I'm offended a lovable bear with such an upbeat attitude is being compared to Milo, Alex, Xi, Donny, and other pieces of human excrement. Sure, Mr. Pooh is not a real human being, but his kindness and actions are much more human than those people.

    It's awesome that software can be sold by... um... the people who wrote it. That's such a new concept. Next thing they'll tell me Microsoft sells Windows [licenses], Qualcomm sells Eudora [based on T-bird], and Apple sells MacOS [licenses]...

    AND THEY ALL DO THIS DIRECTLY!!! TO THE CONSUMER. My mind is blown.

    With respect to Pooh,

    E

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