Jef Pearlman’s Techdirt Profile


About Jef Pearlman

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  • Jul 20th, 2020 @ 11:42am

    Re: Re: Re:

    There are a bunch of ways to implement end-to-end encryption for messaging, but ones that have the feature you describe generally also have the feature that if your computer dies, you permanently lose all your past DMs. That's a totally worthwhile trade-off sometimes (e.g., Signal, but see Signal PIN & concerns), but I'm not sure that Twitter DMs are where I want that.

  • May 28th, 2020 @ 2:08pm


    It's also now a regular tactic to just point at big tech's bad behavior when your own is under scrutiny. You may recall the CRA rollback of ISP privacy rules, when the cry was "but Google and Facebook have user data too and the FCC isn't stopping them!"

  • Apr 17th, 2020 @ 7:11pm

    Not Parody?

    I don't mean to nitpick, but I don't believe it's correct that "it's the fact that even this commercial product is expressive parody that keeps it from being trademark infringement." The court never identifies it as parody. It definitely is (and is identified as) expressive, though, and its the expressiveness that gets it First Amendment protection. FWIW, I think your references to it as an "homage" works well.

    It's arguably not parody because it doesn't really comment on the original mark, the company, or its products. Though, to be clear, the court didn't decide either way.

    Thanks for the article!

  • Apr 7th, 2020 @ 3:03pm

    (untitled comment)

    I was really curious about the part where someone emails bragging about posting it on the company website, as that seemed like the only real connection between the email and the party, so I looked at the exhibit they cite.

    That, of course, pretty strongly suggests it was not the emailer who posted it. I'd call that "misleading at best."

    Brief: "The timing and nature of this email strongly suggested that Montgomery (or, at the very least, someone acting for him/Mycroft) sent it. Indeed, it includes a link to Montgomery’s Reddit post, and brags about posting Mr. Tumey’s correspondence on the Mycroft website—something, presumably, only Montgomery or someone else at Mycroft could have done. See id."

    Exhibit: "Subject
    Good job You Major Dumb Fuck, you are famous now as a terrible human being!
    Message being targeted by a patent troll/
    Also all your email conversations are posted in their website XO"

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