John85851’s Techdirt Profile


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  • Jul 13th, 2018 @ 10:16am

    It's not about the market space

    I really wish discussions of these kinds of issues would do away with the idea of companies not being in the same market space.
    The real issue is that one company (in this case, the restaurant) doesn't want another company (the band) to use a similar name in case the public thinks both are somehow related, as in the band is authorized and endorsed by the restaurant. So the company lawyers use the only tool available to them: file a cease & desist or trademark notice.

  • Jun 28th, 2018 @ 10:01am

    The music industry

    Some posters are saying this idea would never work for the music industry, yet the "free to listen" model has been around for ages... it's called THE RADIO.
    That's right- people would listen to songs *for free* on the radio and then go buy the album or go to a concert. Okay, sure, there were people who recorded songs off the radio, but a huge majority of listeners bought the music.

  • Jun 27th, 2018 @ 10:06am

    A game of media click-bait

    It sounds to me like you designed a game to test the media and click-bait headlines.
    It goes something like this:

    The New Yorker reports that the Mercers have a game.
    Next, the "Cards Against Humanity" creator sees the click-bait headline but doesn't read the story and sends out a tweet about how he's outraged.
    Then another media website runs a story about how the "Cards" guy is outraged by the Mercers.

    Yet NO ONE actually reads the story that says they didn't play the game! It's all media "outrage" and reporting on other people's stories.
    Where's the in-depth reporting? Okay, maybe the original article has accurate and good information, but that's not much good if people are only reacting to the headline.

  • Jun 25th, 2018 @ 10:19am

    What about the payments?

    Everyone is talking about the tracking and possible code that it would take to pay 10,000 possible jurisdictions, but what about the payment side of things?
    Suppose I run an Internet business and I have 100 customers and they buy 1 product each. I now have to calculate the tax of 100 purchases AND then send a payment check to each city, state, county, and jurisdiction that the customer lives in?
    And suppose each customer buys a $10 shirt and the tax rates range from 3% to 7%... so I'm now sending a payment check for 30 cents to 70 cents to the government agencies.

    I'm sure little counties in the middle of nowhere would love to get extra income from Internet businesses, but does their staff have the ability to handle thousands of payment checks for 50 cents or 25 cents each? How much time will be spent by the government to process and acknowledge this many payments?

  • Jun 22nd, 2018 @ 10:23am


    "This should have no place in a full price PC game"
    There's your fundamental problem. If you're charging full price for a game, there should not *be* advertising.

    Well, sure, but movie studios have been doing something similar for years. If you buy a Disney DVD, it will probably come with unskippable trailers ("ads") for upcoming movies and TV shows on ABC. And it will probably come with an unskippable piracy warning. Okay, granted, these don't send tracking data, but it's still annoying when you pay full price for a product.

  • Jun 18th, 2018 @ 10:12am

    Re: Re:

    "You're forgetting that US authorities consider US law to apply world wide."

    As well they should. If US websites have to follow the new GDPR/ EU privacy rules, then EU websites should follow US laws.

  • Jun 10th, 2018 @ 10:26am

    Record labels and musicians

    Stories like this need to be spread to the public simply to counter the claims by people (like Taylor Swift) who claim marketplace websites don't pay the musicians. People like this will rant about how they sell their music on iTunes but only make a few cents per download.
    Yet Apple signed contracts with the record labels to pay *them*, not the individual musicians. So guess, musicians- it's not Apple that's ripping you off, but your record label. And the manager may also be to blame for not negotiating a better royalty payment.

  • Jun 6th, 2018 @ 9:50am

    Let them sue

    I say let FSL sue Reddit and see what happens.
    It wouldn't take long for Reddit's lawyers to show that FSL's tactics don't pass the "duck test": if it looks like malware, if it smells like malware, and if it quacks like malware, then it's malware.
    And look- a judge ruled *on the public record* that FSL is installing malware! Won't that be great for their business?

  • Jun 5th, 2018 @ 8:06am

    Is SDCC even a comic book convention any more?

    I think I posted this in an earlier discussion of this case, but I'd like to know if more people would be interested in arguing this point:

    Is SDCC even a comic book convention any more?
    I would argue that, no, the primary focus of SDCC is no longer comic books, but the entire pop-culture industry. The evidence should be plain: how many comic book artists are there, compared to how many TV and movie celebrities? Is the focus on comic book themselves or on the many movie and TV projects created from the comics?

    Please correct me if I'm wrong, but wasn't it SDCC where thousands of people camped out in the hallways for a spot in a panel discussion about the "Twilight" movies? In my non-legal opinion, an event can't call itself a "comic book convention" when it's main draw is a panel discussion about a movie!

  • Jun 4th, 2018 @ 12:05pm

    Why don't the airlines weigh in on this?

    I was going to ask when the airlines would weigh in on TSA's actions since it affects their customers: more TSA groping means less people flying means less customers for the airlines.
    However, airlines have their own way of dealing with this issue: simply lower the price of the tickets. Then if someone can't fly due to the TSA's list, well, there's always someone else who's willing to buy the cheap ticket.

  • Jun 4th, 2018 @ 10:36am

    Tagging people

    Here's my story:
    Sometimes my sister's husband posts photos of their kids. Okay, nothing wrong with that.
    But then when I see the photo in my timeline, Facebook asks me if I want to tag my sister in the photo.

    Issue #1: Does my niece really look that much like my sister that Facebook thinks it's her? We're talking about a 10 year-old girl and her 40 year-old mom.

    Issue #2: Why am I allowed to tag someone else's photos if I'm not in it? I can understand tagging myself, but this is a photo posted by my brother-in-law (whom I'm friends with) of his kids. NO ONE else should be able to tag the photo.

    Issue #3: If I click to tag my sister, Facebook will create a post on all of her friends' timelines saying she was tagged in a photo, which will push the photo to a wider audience. I don't know if this is what my brother-in-law intended when he posted the photo.

    Facebook will probably claim this increases "social connections" or some such, but it just feels wrong to me.

  • Jun 4th, 2018 @ 10:06am

    Distruption of their own making

    So the kid pulled a prank, the police thought there was no threat and had a good laugh about it, but the school claimed there was a disruption? So let's see if I have this straight: the school is the only one who thinks there's a "threat" yet they're the ones who keep ratcheting up the penalties?

    Do the school administrators not realize that the entire issue would be a non-issue if they took it as a prank also? Okay, joke's on them, let's move along to a real issue, such as the monthly *real* school shooting.

  • May 31st, 2018 @ 3:42pm

    Bad porn and good porn

    Because someone has to say it:
    The only thing stopping a bad guy with porn is a good guy with porn. If evil porn is causing mass shootings, then we need to get more good porn out there.

  • May 23rd, 2018 @ 12:16pm

    Re: Take their time

    Another idea would be to take all the fines from red light cameras and give the money to public projects like educational programs, road maintenance, or you know, anything where politicians and corporations can't dip their hand into.

  • May 23rd, 2018 @ 9:52am

    Use it against them

    How long would it take for a politician to say something "offense", as in the people expect him to say it, but it runs afoul of the new law?
    Then could enough people complain about the politician's statement and get him or her banned from Facebook or Twitter? If that happened, I suspect the law would be repealed real quick.

  • May 22nd, 2018 @ 10:00am

    Re: This isn't an artist.

    Actually, I'd say this guy is a modern artist. He knows not many people will see his graffiti or if they do see it, they won't even recognize that it's his. So what's a good way to get exposure? Run an ad in a magazine? Not big enough.
    Step 1: Sue HBO and make sure the graffiti put into the public record as part of the court case.
    Step 2: Make sure legal-analysis sites (such as this one) cover the story.
    Step 3: Profit from the exposure bought for just the cost of filing a court case.

  • May 21st, 2018 @ 3:20pm

    Support the creators and artists

    I wholeheartedly, 100% support the creators and artists. What I *don't* support are the corporations that hold the copyrights to all the music. Extending the copyrights on music doesn't help the artists when almost all of the royalties go to the corporations and record labels.
    Remember the dust-up a few years ago where Apple was accused of not paying the artists? Even Taylor Swift argued against Apple. Yet the media didn't mention the fact that Apple's contracts were with the record labels and not the artists, therefore, Apple didn't have to pay the artists since the record labels were supposed to do that. But it's always easier to argue against a large company like Apple than to look into the details.

    The second problem is that it sounds like this law will cover every recording, whether or not the rightful copyright-owner can be found. Then what? Does the public lose out on the recording because a radio station is too afraid to play it and get sued because they didn't pay a royalty?

  • May 20th, 2018 @ 9:07am

    The most important question

    I think the most important question is why it took 3 months to decide the case.
    If it took that long for the case to get heard, then that's probably pretty quick.
    But if it took the judges 3 months to decide a verdict after hearing the case, then that's absurd.

  • May 20th, 2018 @ 9:04am

    You'd think Erdogan would be smarter...

    You'd think Erdogan would be smarter than this. He's seen what happens to leaders that out-live their usefulness to the western world: we invade.
    The US decided Noriega of Panama was a drug dealer, so we invaded. Yet years earlier, he was a friend of the CIA.
    The US decided Sadam Hussein had weapons of mass destruction, so we invaded. Yet years earlier, he was a friend against Iran.

    So how long will it be until the western countries decide Turkey is too valuable to be in the hands of Erdogan?

  • May 18th, 2018 @ 9:41am

    Marketing versus underlying problems

    You have to love American companies for their distracting marketing ability: let's sell everyone on the fancy new features and hope they never mention the underlying problem.
    If we fixed the underlying problem with cars (that they use gas), maybe we'd be using electric cars since the 1990's. But instead, we get marketing people pushing rounded designs and fins and large trunks.

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