JarHead 's Techdirt Comments

Latest Comments (36) comment rss

  • On the post: Bureau Of Economic Analysis Shows Why Copyright Terms Should Be Greatly Diminished

    JarHead ( profile ), 24 Apr, 2013 @ 07:01pm

    Re: Re: Re: Base term on half-life of a product

    What I'm thinking is AFAIK under current US laws derivative work are eligible for a separate copyright. The way you define "adapting to new medium" is not merely format shifting, but also include a fair amount of creativity. Adapting a movie to a novel, or in reverse, for example, is not straightforward.

    If the law for derivative work stay as it is, and by my reading of your proposal that adaptation is exercising copyright hence not eligible for a separate copyright, there will be a dilemma, at least for the holder. The incentive for creating an "original" adaptation (i.e. quality work) will not too strong, as under law "any" adaptation will do. However, the market won't accept "unoriginal" work, but if the goal is only exercising copyright, then it still beneficial to create one after another.

    Also, what if the one doing the adapting is not the original copyright holder. Can the adaptation be considered as exercising copyright by the original holder? Does the adaptor get a separate copyright?

  • On the post: Bureau Of Economic Analysis Shows Why Copyright Terms Should Be Greatly Diminished

    JarHead ( profile ), 24 Apr, 2013 @ 06:36pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re:

    If you do think Mike is spewing nonsense, why bother keep coming here in the 1st place? I'm sure there's more productive ways to spend your time than this. If you're not looking for a Master, then another possibility is he hurt you somehow (either real or imaginary) and you're looking for revenge, not unlike a scorned ex-boy/girlfriend.

    If you are saying that you want the "truth" about Mike to come out in the open, then stop wasting time posting chastisement here and create your own blog. There you can write all the rebuke you want and present your case.

  • On the post: Bureau Of Economic Analysis Shows Why Copyright Terms Should Be Greatly Diminished

    JarHead ( profile ), 24 Apr, 2013 @ 11:44am

    Re: Base term on half-life of a product

    Though I get the gist of what you're saying, I think point 2 of how to exercise copyright needs more clarification. What about derivative work?

  • On the post: Bureau Of Economic Analysis Shows Why Copyright Terms Should Be Greatly Diminished

    JarHead ( profile ), 24 Apr, 2013 @ 11:32am

    Re: Re: Re: Re: Re: Re: Re:

    To be obsessed with someone's position like this, I'm starting to think you're browsing to see if Mike is eligible for your vote to a position of power, specifically an authoritative position over you. It's like you're looking for someone to do all the thinking for you, or in BDSM parlance (AFAIK), a Slave looking for a Master.

  • On the post: Bureau Of Economic Analysis Shows Why Copyright Terms Should Be Greatly Diminished

    JarHead ( profile ), 24 Apr, 2013 @ 11:02am

    Re: Re: Re: Re: Re:

    Maybe a 2 yrs automatic grace period. Within those 2 yrs, the author can opt in for a 5 yrs protection with 1 time 2 yrs extension. However, if the author opt in after the grace period, he can only get 2 yrs opt in protection without chance for extension, if it is done no more than say 3yrs(?) after the grace period. After that, if the author still not opt in, the work automatically enter public domain, if he not specifically declare the work as public domain before hand.

    The problem with that setup is the 3yrs after the grace period, which can make a work in an undetermined state. Maybe the system will better off without the 3yrs "last chance" period.

  • On the post: Proactive Blackout: Finnish Websites Go Dark To Promote Copyright Reform

    JarHead ( profile ), 24 Apr, 2013 @ 06:02am

    Re: Enough guppies can eat a whale.

    You'd go on as if piracy is a lucrative business. I've yet to see an unbiased report of it bringing home something lucrative.

    Lessened risks lead to increased piracy? Heck, even an infinitely heightened risks won't deter, in fact will stimulate, infinitely increasing piracy if the core problems aren't addressed. You can't just address the problem at the end of the pipeline while ignoring the ones at the source. All that'll do is blow up the whole thing.

    There are myriad of reasons people turn to piracy. What I think TD is covering all along is piracy as a release valve from pressure of unmet demand of one form or another (scarcity of legal sources, unfair pricing/practices, etc). That's one, albeit most widely cited cause. Even in those cases I've yet to see TD making a call to pirate something.

  • On the post: Judge Calls Out Obama Admin For Overuse Of State Secrets Privilege In No-Fly Case

    JarHead ( profile ), 22 Apr, 2013 @ 09:57pm

    Re:

    There's a minor anecdote running outside of the US, especially in Muslim countries: If you have your name, or part of it, sounded Muslim, forget traveling to the US for any reason. It'll be lucky if you're not end up in Gitmo even if you're traveling there to do humanitarian work. Use the 48 days waiting for the US embassy to respond why you couldn't fly there from your home country (that is, if ever) for a more productive work instead.

    Also, I've heard the same anecdote for some small part of Europe. Which part I forgot, cos it's rare compared to ones made for the US

  • On the post: Fox Uses Bogus DMCA Claims To Censor Cory Doctorow's Book About Censorship

    JarHead ( profile ), 22 Apr, 2013 @ 10:38am

    Re: Re:

    The thing is, this is a fairly simple fix, and it's all technological: the automated system being used by DTecNet ought to actually check the file type and size before sending out a DMCA notice.

    The thing is, it is NOT simple to fix using only technological/automated means. File type and size? That's the easiest thing to spoof (intentional action) or collide (unintentional action). The next thing is using hashes, while it doesn't deter spoofing 1 iota, it can decrease collision chance considerably.

    While hashes seems like good news, consider it from copyright holder's view. 2 same media file, one slightly modified (i.e. resized by 1px for visuals, or apply filtering on unused spectra for audio) yield to a very different hash, hence uncaught infringement. Developing methods precise enough to handle this problem is hard and expensive. It's more easier to use "shoot 1st ask question never" approach cos DMCA is particularly weak in deterring this kind of approach.

    The only sure way to satisfy both party (accuser and accused) is to have conscious human being (or something similar ;P ) to do the final arbitration, and that still do not account for further "complications" like fair use etc.

    So
    (hard/expensive method for doing it right) + (no reprisal) = abuse + (collateral damage)^3

  • On the post: Rep. Peter King, Mayor Bloomberg Agree: Boston Bombing Shows We Desperately Need MORE Surveillance

    JarHead ( profile ), 22 Apr, 2013 @ 01:58pm

    All these efforts, more surveillance, "selectively" bypass judicial procedure, harsh punishment, etc, ad nauseum, will do nothing in curbing "terrorism", if the underlying cause is not found, studied, and acted upon.

  • On the post: Why The DOJ's Decision To Not Read Dzhokhar Tsarnaev His Miranda Rights Is A Terrible Idea

    JarHead ( profile ), 22 Apr, 2013 @ 05:45am

    Re: Re: It's common practice..

    Gah, why the link won't appear. Here, watch this:
    https://www.youtube.com/watch?v=6wXkI4t7nuc

  • On the post: Why The DOJ's Decision To Not Read Dzhokhar Tsarnaev His Miranda Rights Is A Terrible Idea

    JarHead ( profile ), 22 Apr, 2013 @ 05:44am

    Re: It's common practice..

  • On the post: Why The DOJ's Decision To Not Read Dzhokhar Tsarnaev His Miranda Rights Is A Terrible Idea

    JarHead ( profile ), 22 Apr, 2013 @ 05:39am

    Re: Clicked submit too soon

    What's the minimum number of victims after which we waive all decency and respect of human rights of the "alleged" perpetrator(s)? What's the restitution of wrongful allegation/conviction in such case(s)?

  • On the post: Police In Japan Are Asking ISPs To Start Blocking Tor

    JarHead ( profile ), 19 Apr, 2013 @ 11:16am

    Re: Re: Re:

    I'm not saying that the morality/honor codes justify censoring speech. What I'm saying is that IMO a call for ISP to "voluntarily" block speech (by way of blocking Tor) tend to have more gravity than the same call made in the western culture, even without dubiously worded laws and/or backroom deals.

  • On the post: Police In Japan Are Asking ISPs To Start Blocking Tor

    JarHead ( profile ), 19 Apr, 2013 @ 06:11am

    Re:

    You have to remember, this is Japan we're talking about, and have a different mindset than most western world. I for one like to see what those "voluntary" requirement will ensue, but I won't be surprised if the ISP cave in without having introducing any kind of law.

    For example, there's a Japanese game modding forum which frowns, if not ban outright, foreigners. Why? Cos the "foreigners" by large won't respect the original mod author's wishes for not distributing/re-uploading their work, even if there's "transformative works" involved. As for the native, if the author say "jump", all will ask "how high".

    Whether that example can be applied to this matter remain to be seen. But that example is inline with what I know about Japan's history.

  • On the post: Police In Japan Are Asking ISPs To Start Blocking Tor

    JarHead ( profile ), 19 Apr, 2013 @ 05:52am

    Say that there's an "effective" ways to block Tor. What's to stop people to just abandon ship and use yet another anonymizer? Tor isn't the only one in the game, there are others. Then they'll be calling to block those as well, and people just pick up yet another one. This will go on and on until everything is blocked including legal channels.

    The only sure way to stop crimes/abuse/cyber-blah is NOT having internet in the 1st place. Are anybody willing to make the commitment to obliterate the internet entirely "just for the children"?

    I'd say enough is enough. Choose: either have unfettered internet or destroy it entirely. We can't have it both ways, and anyone saying there's a middle ground in this is delusional at best.

  • On the post: Reuters Sorry About Pre-Releasing Kinda Bitchy Soros Obit, Not Sorry Enough To Take It Down

    JarHead ( profile ), 19 Apr, 2013 @ 05:05am

    -- though it seems as if amateur blogs and the like often seem a lot faster about making corrections...

    Well, to be fair, "amateurs" tend to be less multitasking, hence can keep a significant focus on the topic at hand. Hence errors can be more readily detected and rectified.

    Pros, however, tend to multitask a lot, and focus are divided among several topics, and not to mention the "check and balances" guideline they must adhere, which tends to be much more stricter than those adhered by amateurs (cos their names depend on it). Errors are slower to detect, and once detected, there's the check-and-recheck phase. So, in terms of error detection and correction, "amateurs" tend to be more "agile" and "robust".

    Of course this is an over generalization and simplification...