K`Tetch 's Techdirt Comments

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  • On the post: Thai Government Uses Fake News Law To Lock Up Opposing Party Leaders

    K`Tetch ( profile ), 14 Mar, 2019 @ 01:52pm

    I remember hearing a few weeks ago from the BBC that the kings daughter running that it was "because the king is so adored and respected"
    bollocks.
    If that lay SOB and his corrupt Junta were respected, they wouldn't need the lese majeste law, or criminalized fake news stuff, because they wouldn't be such insecure cowards.

    Petty tyrants with insecurities have lese majeste laws. the Thai king (the cowardly lion) can join Trump the scarecrow and a Whinny-the-pooh-shaped tin man in fear of criticism.

  • On the post: Momo Hoax Shows America's Susceptibility To Bullshit Goes Well Beyond Social Media

    K`Tetch ( profile ), 06 Mar, 2019 @ 09:17am

    Last week, I basically had to publicaly shame my kids school district when they posted a UK government infographic hyping up with 'momo challenge'.
    really sad thing? All those at the school district not only know me, but know I'm probably someone to check with on this first.

    Worse, while I was chaperoning yesterday, at last two kids in the High school were talking about it as if it were real, based on what they'd seen others share elsewhere, including the school district.

    just utter facepalm.

  • On the post: Don't Celebrate Copyright Being Used For Political Censorship Just Because You Don't Like The President

    K`Tetch ( profile ), 01 Mar, 2019 @ 09:26pm

    Re: Re: Re:

    Well, I could always sing it for you (I need the practice for a production of mama Mia later this month, we were going to do To Kill a Mockingbird, but not any more...
    instead they're weaponizing my voice to use against people who displease us, like an "Andrew Lloyd Webber who says Ni!"

  • On the post: Producer Scott Rudin Going Around Killing Off Licensed Community Theater Shows Of To Kill A Mockingbird

    K`Tetch ( profile ), 01 Mar, 2019 @ 09:40pm

    Someone mentioned Abbas Money money Money in another story, and since I'm doing Mama mia later this month...

    "I Sue all night, I sue all day
    I threaten to sue so they will pay

    Ain't it sad

    And still there always seems to be
    another original licensee

    That's too bad!

    In my dreams, I had a plan
    To keep me a wealthy man
    I'd walk and talk around the hall
    with Harper Lee's racial scrawl...

    Money money money
    broadways funny
    it's a richman's world

    money money money
    being scummy
    it's a richman's world!"

  • On the post: Facebook's Privacy Problems Are Piling Up Too Quickly To Chronicle

    K`Tetch ( profile ), 30 Jan, 2019 @ 12:09pm

    not just Nate and Robyn

    Also mike, last month they took on Nathan White from AccessNow to be their privacy policy manager (disclaimer, I've done a bunch of panels with him on the annual lecture series I used to run in Atlanta, on everything from Journalism and freedom of the press, to Net Neutrality - TOP bloke)

  • On the post: The 'Choose Your Own Adventure' People Are Suing Netflix Over 'Bandersnatch'

    K`Tetch ( profile ), 19 Jan, 2019 @ 01:01am

    Re: Questionable timing

    and I hope that's legible. thats what I get for trying to write at 4am, after being on the go for 48 hours...

  • On the post: The 'Choose Your Own Adventure' People Are Suing Netflix Over 'Bandersnatch'

    K`Tetch ( profile ), 19 Jan, 2019 @ 12:59am

    Questionable timing

    There's a lot of questions here that may bring a latches rebuttal.

    They've apparently been in negotiations since 2016. However, the trademark application (serial #87422202) was made on 24 April 2017, and only got the publication for opposition in February 2018. Now, another made at the same time (concurrent serial numbers) for board games was published for opposition in September 2018, and granted Jan 8 2019 (yes, during the shutdown!, and is the mark referenced in 16) while one for online magazines is also not yet granted. Thus we can assume there's oppositions filed.

    Word Mark CHOOSE YOUR OWN ADVENTURE
    Goods and Services IC 041. US 100 101 107. G & S: Production of television programs, live-action comedy shows, drama films, interactive films, comedy films, animated films, and films featuring multiple choice and multiple ending fiction stories; entertainment services in the nature of live theatrical performances
    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Serial Number 87422202
    Filing Date April 24, 2017
    Current Basis 1B
    Original Filing Basis 1B
    Published for Opposition February 13, 2018
    Owner (APPLICANT) Chooseco LLC LIMITED LIABILITY COMPANY VERMONT P.O. Box 46 Waitsfield VERMONT 05673
    Attorney of Record Catherine M.C. Farrelly
    Prior Registrations 2807473;2905158;3234147
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE

    So they've been aware of it for 2+ years, but only applied for a trademark 4 months before suing, with an applied, but not granted trademark.

    Now, they do reference a trademark in there, and that was applied for July 1 2003, and granded December 21 2004.
    HOWEVER, that is for "Goods and Services IC 009. US 021 023 026 036 038. G & S: Books, [ graphic novels and comic books featuring multiple choice, multiple ending fiction stories that are recorded on CD's, DVD's or are downloaded from global computer networks; prerecorded vinyl records, audio tapes, audio-video tapes, audio video cassettes, ] audio video discs, and digital versatile discs [ featuring music, comedy, drama, action, events, and/or animation; audio cassette players, CD players, DVD players, mini-disk players; CD ROM games; CD-ROM, DVD and internet game consoles; short motion picture film cassettes featuring comedy, drama, action, events and/or animation to be used with hand-held viewers or projectors; video cassette recorders and players, compact disc players, digital audio tape recorders and players; audio tapes, video tapes, CD's, DVD's and books, booklets, pamphlets, and newsletters sold as a unit featuring multiple choice, multiple ending fiction stories; computer programs, namely, software linking digitized video and audio media to a global computer information network; game equipment sold as a unit for playing a computer game; video and computer game programs; video game cartridges and cassettes; ] electronic games, and serialized publications, namely, interactive multiple choice, multiple ending stories and games delivered on optical discs, DVD, and CD-ROM; [ Motion picture films featuring comedy, drama, action, events or animation ]. FIRST USE: 20031216. FIRST USE IN COMMERCE: 20031216"
    Ooh, that's books that can be downloaded, everything else is distributed on physical media, which is why they made the other application.

    If they put off applying for the new (and correct) trademark because of the negotiations, then I guess they fell through in April at which point why didn't they sue then? In fact, why was the relevant trademark not filed in 2016? Or the suit filed when the negotiations failed, so as to prevent damages beforehand (perhaps with an injunction on the infringing term), rather than wait until it was somewhat successful?

    So, there's certainly a case to be argued that the timing of the trademark applications (and the suit based on it) are extremely suspicious in terms of maximising revenue stream and claimed injury.

  • On the post: Despite Losing Its Copyright Case, The State Of Georgia Still Trying To Stop Carl Malamud From Posting Its Laws

    K`Tetch ( profile ), 07 Jan, 2019 @ 11:54am

    Re: Optics

    You know the current outgoing governor is wholeheartedly in support of Lexis, and the incoming one is Brian 'voter suppression' Kemp?

  • On the post: Despite Losing Its Copyright Case, The State Of Georgia Still Trying To Stop Carl Malamud From Posting Its Laws

    K`Tetch ( profile ), 07 Jan, 2019 @ 11:56am

    I'd offer to be his intermediary, but for some odd reason, he's not only ignoring my emails, he's blocked me on Twitter. Kinda odd, that he doesn't seem to want to communicate with the wider Georgia community on this.

  • On the post: UK Court: Guy Who Didn't Write Defamatory Tweet Needs To Pay $50,000 In Damages Because The Guy Who Did Doesn't Have Any Money

    K`Tetch ( profile ), 06 Jan, 2019 @ 04:42pm

    Re: Re: Re: Look, he was chairman

    political parties are not quite the same as businesses.

    Ultimately, he becomes the publisher, when he was contacted about it, and stood by it and stated he continued to let it be published in the party name.

  • On the post: UK Court: Guy Who Didn't Write Defamatory Tweet Needs To Pay $50,000 In Damages Because The Guy Who Did Doesn't Have Any Money

    K`Tetch ( profile ), 06 Jan, 2019 @ 04:40pm

    Re: Re: Re: Re: Re: Re: How to get rich quick in the UK in four

    Actually, having faced claims of defamation in the UK (by the UK intellectual property office, in a consultation response - there is a story here about it) I've had to look into the topic deeply.

    Even under the pre-reform statutes for defamation, truth is still an absolute defense. By definition, if it's true, it's not defamatory.

  • On the post: Broadband ISP CenturyLink Is Blocking Users' Internet Access Just To Show An Ad

    K`Tetch ( profile ), 19 Dec, 2018 @ 12:17pm

    Re: Re:

    Not yet, but I did raise the possibilities in the tweets I made on the topic (It was me)
    https://twitter.com/ktetch/status/1075442986455052294

  • On the post: Senators Continue To Point Out Our Broadband Maps Suck

    K`Tetch ( profile ), 30 Nov, 2018 @ 09:48am

    I always laugh

    Every time I'm reminded I go check out a few places on the map.

    I check the area around my local windstream offices - everywhere in the county has 50Mbit DSL (yeah right) except for a 2 block area around the windstream offices/central hub in the area (which is also the downtown exchange) where they list no windstream service at all.

    Then I check a few of my old homes, two of which have magical ultra-fast DSL that has never actually been available in the area (when I research, I do DETAILED damned research, including everything like cable-run sizes for the locations in the area).

    Another has 3 different entries for the same company - one with the ultrafast fantasy, and two with realistic 6/0.5 and 1.5/0.25 connections listed. It's like someone submitted a bullshit answer, not knowing that someone submitted a real one too

  • On the post: Activists Make One Last Push To Restore Net Neutrality Via Congressional Review Act

    K`Tetch ( profile ), 28 Nov, 2018 @ 03:50pm

    for those that want a bit more background

    A lot of people still don't understand what net neutrality is and why it's important though.

    I still see people going on about 'government takeover', or 'what about facebook and google', but my biggest peeve is those that think this is only a 'since 2015' thing.

    it's not, and it's a 'since 1956' thing, when the basis was established in the hush-a-phone case, where hte Supreme Court said that phone companies couldn't dictate how you used the equipment connected to the line, and reiterated in 1968 with the carterfone decision where they said they can't control the data sent over the line or its source, as long as it doesn't harm the line and uses it how it was intended.

    Those two rulings litereally gave us dialup modems.

    until June, over the last 50 years, we've had net neutrality rules in place for all but 9 months or so of that time. Should tell you something about how 'harmful' it is.

    (for more details on the history, you can be bored with the talk I gave a few months back where I go over it in detail, with people from the EFF, AccessNow, and Public Knowledge here http://eff.dragoncon.org/2018/08/11/restoring-net-neutrality-regulation-legislation-or-litigation/)

  • On the post: But Her Emails: Ivanka Trump Also Used A Private Email Account For Official Government Business

    K`Tetch ( profile ), 20 Nov, 2018 @ 02:21pm

    Re: Who else?

    its been extremely well documented over hte last year+ that kushner used that same domain.

  • On the post: Appeals Court: No Immunity For Shooting A Man Who Had His Hands Up And Twice Said He Surrendered

    K`Tetch ( profile ), 16 Nov, 2018 @ 04:07pm

    Re: Re: Re:

    "His actions aren't covered by that authority in this case, he should be treated just as you or I would be in his place."

    No, he shouldn't.

    The fact he was off duty means he should get no special treatment, as you say.
    The fact he was at the time employed as an officer means he should get zero 'breaks', wiggle-room or leeway, because he knows the law, and the requirements to follow the law.
    The fact he was in uniform at the time despite not conducting official police business means that he was attempting to use his uniform for extra leverage, and to intimidate/infer that his actions were legitimate law enforcement actions sanctioned by the city. As such he should be dealt with far more harshly than you or I.
    To then attempt to use an exception created by the courts to permit officers on the job to have discretion in doing that, while not on the job at all.

    In short, he attempted to use his uniform to justify (and then excuse) his actions. He should be held to a far higher standard, and have the book thrown at him.

  • On the post: The Girl Scouts Sues The Boy Scouts Over Trademark

    K`Tetch ( profile ), 15 Nov, 2018 @ 10:43am

    Re: Re:

    but NOT parentage.
    important point there.

  • On the post: Judge Lets NRA's 1st Amendment Lawsuit Against Andrew Cuomo Move Forward

    K`Tetch ( profile ), 14 Nov, 2018 @ 04:32pm

    Re: Note:

    "The whole point about the US Bill Of Rights is that it was intended as a limitation on FEDERAL power, vs the States, and the second amendment therefore existed within the context of such State led, managed and regulated militias being something the FEDERAL government should have no power or influence over."

    yeah... no.

    US Constitution, Article 1, clause 8
    "The Congress shall have Power..
    ...To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

    If you go through the late 18th and early 19th century litigation ont he topic, you'll see that the entire point of the militia was federal.

    In fact the first use of the militia, just months after the 2ndA was passed, was a federal use under General St Clair. It was a disaster, and led to the first congressional investigation into Washington. He in response appointed the first secretary of War, then held the first ever Cabinet meeting, before holding off the congressional investigation by asserting the then-unknown 'executive priviledge'.

    The response then was to basically abandon the whole idea of the 2nd Amendment, and reinstate the idea of a military (the army, navy and marines had been disbanded in 1783, except for a single regiment on the northwest frontier to act as a militia core, and a single battery of artillery troops to guard West Point armory (and presumably, instruct militiamen how to use the stuff when needed). That was followed by the establishment of the US Navy in 1894, and the US Marines in July 1798 (yeah, all those that celebrated the Marines birthday on Saturday, that was the completely unrelated Continental Marines birthday, it's a PR lie, much like 'the shores of tripoli' in the hymn, when they never went closer than Dasha, as far from the shores of Tripoli as Columbia SC is from Washington's crossing of the Delaware)

    And the use of the 14th to apply the 2nd to the states, happened in the mid 19th century when it passed, not 2010.

    Facts, they're lovely. Try em. You can have these for instance, I have lots more!

  • On the post: Judge Lets NRA's 1st Amendment Lawsuit Against Andrew Cuomo Move Forward

    K`Tetch ( profile ), 14 Nov, 2018 @ 01:19pm

    Re: Re: Re: Delusional

    well, it might have something to do with him being a much higher target for attack than, say, your worthless self.

    I mean who wants to target and attack a worthless anonymous coward, compared to the Governor of NY. It's all about profile, and you're too scared to log into yours.

    Coincidentally, even cabinet officials generally wander around without much security in countries like the UK, probably because with a lack of guns, the most they'll be targeted with is an egg or two.

    Tell you what though, with your piss-poor approach to risk assessment, I hope you don't have a gun (or are you an example of current NRA training - 'everyone's out to get me' coupled with 'my opponents are cowards'?)

  • On the post: The Girl Scouts Sues The Boy Scouts Over Trademark

    K`Tetch ( profile ), 14 Nov, 2018 @ 12:08pm

    Re: Re: Re: Fun history

    you don't see it, because your baseline of 'normal' is different from that elsewhere.

    Me and AC were in the original, the one that had the founding traditions set, and kept at that. you're in an offshoot, that kinda went its own way and has its own setup.

    naturally, you think that the normal is ok, and its only the extremists that make you look bad, when I'm telling you, what you consider 'normal', are what we in the original already considered 'coming with a pomposity badge', and it's not even well earned, as most are somewhat behind other countries in their skills and abilities.

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