This is the reason Jury Nullification only works when declaring an otherwise guilty party 'innocent.' Judges cannot pronounce someone guilty, only juries can. Judges can, however, vacate a guilty verdict. For that reason a jury can't just decide someone is guilty regardless of the law; the judge would step in and overturn it. If they declare someone innocent, though, there's nothing the judge can do.
I'll say this, if he's a shill he's the most convincing one I've seen. There's still the odd capitalization bits and strawmanning, but one doesn't need to be a shill to do these things. He hasn't used the term 'freetard' once in this thread, hasn't defended the labels or the RIAA, and actually defends his views from time to time. His viewpoint that it should be the artist's choice how do distribute their art, however idealistic, is a valid one. I still believe piracy is a service issue.
Additionally, artists in any field should see their craft as an art first and a profession later (if at all). The best ones already do this. If you happen to make enough money through various means to support yourself, then more power to you, but don't expect society to figure out a way for you to monetize. That's your problem. For that matter, if you even see that as a problem, you're probably doing it for the wrong reasons.
I'm still waiting for someone to propose patents on literary devices. If you can patent things like algorithms and APIs, you should be able to patent things like "en media res" and metaphor. Lets take this ad absurdum: "Abstract: A mechanism for describing a concept or object by comparing it to another concept or object without using comparators such as 'like' or 'as'... on a mobile device." Yup, seems entirely doable.
The issue here is that they would just create "copyright troll" companies the same way there are patent trolls. The labels et al would simply transfer their copyright on a particular item to a shill company, and the shill company would then sue. Nevermind that this company would be fully owned by the label and would be dissolved at the end of the suit. It would be very difficult to write a law that would solve this issue without the possibility of some nasty unintended consequences.
Not that I disagree with anything said here, I just thought it was a little amusing how the article's title played out.
"Complexity, Why Steve Jobs Got More Coverage Than Dennis Ritchie..." (Wait, on TechDirt??) "And What That Says About The Patent System" (ah, there it is)
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Re: Re: Re: Re: Re: Jury Nullification in action
This is the reason Jury Nullification only works when declaring an otherwise guilty party 'innocent.' Judges cannot pronounce someone guilty, only juries can. Judges can, however, vacate a guilty verdict. For that reason a jury can't just decide someone is guilty regardless of the law; the judge would step in and overturn it. If they declare someone innocent, though, there's nothing the judge can do.
Re: Re: ebooks are content done right
For that matter, Amazon has a cloud music locker too.
Re: ebooks are content done right
Ummm, apparently you haven't heard of Google Music, iCloud, or Spotify...
Re: Re: Subject To Law
But this is bordering on "Taxation without representation." We all know how that turned out.
Re: Re: Re: Re: Re: Re:
I'll say this, if he's a shill he's the most convincing one I've seen. There's still the odd capitalization bits and strawmanning, but one doesn't need to be a shill to do these things. He hasn't used the term 'freetard' once in this thread, hasn't defended the labels or the RIAA, and actually defends his views from time to time. His viewpoint that it should be the artist's choice how do distribute their art, however idealistic, is a valid one. I still believe piracy is a service issue.
Additionally, artists in any field should see their craft as an art first and a profession later (if at all). The best ones already do this. If you happen to make enough money through various means to support yourself, then more power to you, but don't expect society to figure out a way for you to monetize. That's your problem. For that matter, if you even see that as a problem, you're probably doing it for the wrong reasons.
I'm still waiting for someone to propose patents on literary devices. If you can patent things like algorithms and APIs, you should be able to patent things like "en media res" and metaphor. Lets take this ad absurdum: "Abstract: A mechanism for describing a concept or object by comparing it to another concept or object without using comparators such as 'like' or 'as'... on a mobile device." Yup, seems entirely doable.
Re: Re: Re: Re: It can be.
Trespassing is not stealing either.
Re:
The issue here is that they would just create "copyright troll" companies the same way there are patent trolls. The labels et al would simply transfer their copyright on a particular item to a shill company, and the shill company would then sue. Nevermind that this company would be fully owned by the label and would be dissolved at the end of the suit. It would be very difficult to write a law that would solve this issue without the possibility of some nasty unintended consequences.
Not that I disagree with anything said here, I just thought it was a little amusing how the article's title played out.
"Complexity, Why Steve Jobs Got More Coverage Than Dennis Ritchie..." (Wait, on TechDirt??) "And What That Says About The Patent System" (ah, there it is)