The Cannes Film Festival is one of the oldest and most prestigious institutions in the world of film, and generally seen as a bastion of movie artistry and creativity in a Hollywood-dominated world. The first ever festival was supposed to happen in 1939, until a pesky global conflict got in the way — but the dream survived the war, and the long-delayed Cannes Film Festival debuted on September 20th, 1946.
Of all the t-shirts and other gear available in our super-early holiday sale, the popular Takedown design has the longest history: it was one of the first t-shirts we produced years ago as part of an early "reason to buy" project, it was later revamped with an improved graphical design for our Insider Shop, and then this year it was revamped once again with a slightly modified look for our sales via Teespring.
And now it's your last chance to get one in 2016! The current run ends on Monday, October 3rd — and after that we won't be taking reservations and can't promise when it will return, but it won't be until next year at the earliest.
So don't miss out and order yours today! Plus, consider picking it up now for the holidays and getting an early start on your gift-buying list — the reason we're holding this sale so early is to give lots and lots of time before Christmas for Teespring's sometimes-slow fulfillment. And don't forget to check out the other gear in our super-early holiday sale.
As you may have heard, YouTube has announced a new program called YouTube Heroes that offers the community incentives to help "create the best possible YouTube experience for everyone." There's one part of the system that set off alarm bells for every content creator on the site — see if you can guess which one:
Yes, one of the main pillars of the incentive system is moderation as both an activity and a reward: users can gain points by "reporting inappropriate videos accurately", and can then unlock the ability to mass-flag videos with a special moderation interface. Naturally, this freaked out creators who deal with abuse of the reporting system on a daily basis, and the response has been almost unanimously negative. But as with any incentive system, the details matter, and a video by Folding Ideas digs in to how the points and levels work and offers what I think is the most nuanced and accurate perspective:
Whether or not you watched the video, let's discuss its points. Firstly, though my initial instinct was that moderation was the primary goal of YouTube Heroes, the rewards make it clear this isn't the case: adding closed captioning or translated subtitles to videos is by far the most efficient way to rack up points. Internationalizing its huge library of videos, and making them accessible, is a big deal for YouTube and it makes sense that this is the main thrust of the program. In this sense (and perhaps this sense alone) it's a great idea.
There are still three main complaints, each of a different nature: one is based on a complete misunderstanding, one is legitimate but likely to never come to fruition, and one (yes, the moderation) represents a genuine concern, at least in part.
First, the misunderstanding: the graphics and vague language in YouTube's promotional video give the distinct impression that in addition to mass-flagging videos, 'Heroes' will gain the ability to moderate comments. Not only does this sound ripe for abuse (the YouTube commenting community is frequently toxic and hardly above gaming the system), it also irritated content creators who (unlike on many similar platforms) are unable to even designate their own community moderators for their YouTube channels. But: it isn't true. Heroes only gain the ability to moderate posts on a YouTube creators forum that is barely-known and comically hard to find (watch the video to see what I mean). So let's put that one aside.
Second, creators were similarly irritated to learn that high-level Heroes would gain the ability to talk to YouTube staff. If you've ever tried to speak to a human at YouTube or anything else connected to Google, you understand why. If even top content creators and channel operators still can't get in touch with anyone at YouTube, why should community busybodies get to? This represents an utter failure of YouTube on the creator-relations and communications front, but the reason it's so frustrating is the same reason it's likely not to matter, because who really believes these Heroes will get any kind of meaningful access? Many of you have been laughing non-stop ever since I wrote the words "talk to YouTube staff". So let's file this one away with the broader nightmare of Google customer service.
Finally, there's the real source of ire: incentives for the reporting of videos, and the potential ability to do so on a mass scale. The latter half has drawn the most fire, but it's actually the first half that's likely to matter more: mass-flagging videos is a slight bump in efficiency, but getting points for flagging them is a small incentive that could potentially balloon into an entire army of wanton community police. In theory there's still the safeguard that all flagged videos will be reviewed by YouTube staff (I know, there's that joke again) but, if the purpose here is to increase the quantity of flagged videos and identify "trusted" moderators, how effective will that screening really be? Besides, we've seen how easily that stuff can go wrong, such as with Facebook's removal of a famous war photo that we discussed in this week's podcast.
Will YouTube Heroes lead to a combination of widespread abuse (or wider-spread abuse) of the reporting system by angry trolls, and a general watering down of YouTube's content by zealous morality police? Possibly. But it's not clear that the incentives are meaningful enough compared to the ones that already exist (dickishness and righteousness, respectively) to really boost those activities. Then again, sometimes gamification like this has a deep psychological impact. It seems like the possible outcomes only range from "bad" to "nothing much".
Why did YouTube include moderation activities that it surely knew were unpopular, and at least have the potential to go awry, in the Heroes program? Why did it fail to explain the role of a forum that it surely knew was underexposed and underutilized, and use a graphic that strongly suggested comment moderation? Why did it promise to Heroes rewards that it probably can't deliver and already consistently fails to deliver to its top content creators? And why did it wrap all these things up with the one really positive idea — which also appears to be the main idea — of encouraging more subtitles and captions? I'm not sure — you'd really think they could have done a better job of designing and launching this program. But the truth is it's probably not going to be a disaster, and it might even do some good.
Usually, when we see stupid and dangerous DMCA errors like Warner Bros. taking down its own website and Paramount taking down legitimate Linux torrents, it's the studios we call out first for their wanton abuse of the system. But of course that's only part of the story — there is a system of broken incentives both inside and outside the studios that has created an entire "anti-piracy" ecosystem. It started with the third parties that many studios and other rightsholders hire: self-styled copyright enforcement experts who charge a fee to piss an endless stream of DMCA notices into the wind of piracy. Some studios, like NBCUniversal (who we'll be talking about in a moment) choose instead to build this function into their internal structure with anti-piracy divisions staffed by the same kind of folks. Thanks to the willingness of copyright holders to pay out for this pointless service, it's grown into a whole industry — and it's an industry for which the never-ending, whac-a-mole nature of the takedown game is a plus, since it means the job will never be done. While there's plenty of blame to go around among media companies and lawmakers, it's these takedown "experts" who are the most directly responsible for the epidemic of botched and fraudulent takedown notices.
And it's easy to see why: they need to pad the numbers. If we accept that the whole exercise is pointless (it is) and there's no actual end goal (there isn't) then what makes one anti-piracy outfit better than another? Why, sheer volume of pointlessness, of course! The executive who hired the firm that takes down two-million links can brag about his competence compared to the executive who only got one-million for the same price, and the executive who designed the internal division that hit three-million for even less is a damn hero — even though they're all just futilely pecking away at "infinity". And so, since there's no real penalty for abusing the DMCA, these groups have zero incentive to fret about only sending fair and accurate takedowns. But that's not all — they also have every incentive to actively pad their numbers with takedowns they know are bullshit, and as TorrentFreak discovered last month and recently demonstrated again in pretty undeniable terms, that's exactly what they're doing:
... this may look like a proper notice. However, upon closer inspection it’s clear that the URL structure of the links is different from the format Torrentz2 uses. The notice in question lists this URL:
The link NBC Universal reports has never existed and simply returns a blank page. TorrentFreak reached out to the operator of the site who confirmed that they have never used this URL format.
This ‘mistake’ can be explained though. The URL structure NBCUniversal uses comes from the original Torrentz site, meaning that NBC simply did a search and replaced the old domain with a new one, without checking if the URLs exist.
In other words, they fabricated these links.
And this isn't some isolated incident. TorrentFreak found plenty of new notices targeting URLs where the whole site had been taken down last year, and the URL didn't even exist when it was up. It's clear what's happening: they're just subbing out various known torrent domains into big lists of URLs that maybe, once, sorta, in a similar format on a different site, actually pointed to infringing material — and then billing their masters per URL targeted, regardless of whether it turned out to actually exist or not. Counting up all the fraudulent notices is next to impossible, but TF estimates there were tens if not hundreds of thousands of such URLs included in notices in the past few months alone.
Now, these takedowns of fake URLs might not seem as worrying or embarrassing as the notices that target legal material or a copyright holder's own website, but they are further evidence of just how stupid the whole system is, and how badly it needs to be fixed. In a world where takedown notices are automatically generated by the millions without concern for whether or not the URLs are even valid, can we ever expect them to stop targeting legitimate speech and legal distribution? No. The DMCA needs teeth when it comes to punishing abusers, but giving it those teeth means dismantling this entire automated, slapdash anti-piracy industry — and don't expect them to go without a fight.
This week, we noticed that despite Hollywood's constant insistence that it should be easy to use technology to block infringement, they couldn't even manage to secure their own screener copies of movies. Our first place winner for insightful was an anonymous commenter who summed it up pretty simply:
You'd be amazed at what feels easy if you're not the guy doing it.
Meanwhile, it appears Univision wasted no time in going full-corporate with its new Gawker property, by deleting six stories from the site over legal threats. Nate won second place for insightful by hatching an evil plan:
So basically I could silence all Gawker sites simply by writing a bot which threatened a lawsuit over each and every post?
P.S. It occurs to me that I wouldn't even need to code a bot; I think I could pull this off using only IFTTT.
If Snowden was a bankster, a torturer or a war criminal then he might have a chance. Obama hunts down whistleblowers. He doesn't pardon them.
Over on the funny side, we start out on our post about the latest DMCA takedown misfire, which this time saw Paramount shutting down a totally legitimate Ubuntu torrent as part of a bunch of takedowns for Transformers: Age of Extinction. Another anonymous commenter won first place for funny by musing on a possible explanation:
Maybe there's a lesser known Transformer by the name of "Ubuntu" that's made from open source car materials?
As technology ushers more and more things towards the realm of "post-scarcity", an inevitable conversation has arisen around the very roots of capitalism and what this rapid change means for our economic systems at the most fundamental levels. But the answer is far from simple — is capitalism dying? Can it evolve? Is the whole question being framed incorrectly? This week, we discuss the notion of a post-capitalist world, what it might look like, and how close it actually is.
Are we just going to gloss over the idea that she thinks a *hack of the DNC* is grounds for introducing a new doctrine for dealing with cyber attacks?! Last I heard the DNC is NOT a government agency.
What exactly does she propose we defend here? If Russian hackers go after a grandmother's bank account, are we going to put boots on the ground? Or is the goal just to prevent Democrats from being embarrassed during an election year?
One more thing: How the hell does she look at the DNC hack and not immediately change her position on encryption? If we had strong, encrypted email services readily available and easily used by anyone...bam, no DNC hack. Instead, she talks about using the military to respond. Christ.
Which might make sense if we were talking about a few, or even a few dozen people doing it across the entire company, but when we're talking about literally thousands of employees the idea that no-one in management had so much as a hunch that something fishy might be going on before the investigation pointed it out to them goes right out the window.
As the article and the first AC noted, either upper management knew and looked the other way or they were so grossly incompetent that they never caught on, either way they need to be fired at best given the idea that they really had no clue is minuscule when you consider how many people we're talking about here.
This happened a lot in the UK as well. The incentives given to floor staff are usually in terms of "conversion rates". The targets are based on the "best" staff calculated on those conversion rates. The "best" are invariably those that are cheating.
In one case I am aware of, one staff member "upgraded" the accounts of all 13 customers she saw that day. In return, she was:
- rewarded with a commission for each sale
- rewarded with a bonus for being a top op
- given recognition throughout the company
When her manager reviewed those upgrades, it was plain that the customers had not agreed to them. So what happened? The manager had to contact all 13, explain the "mistake" and put it right. This member of staff:
- kept the commission, bonus and recognition
- was not reprimanded (how could you having so publicly congratulated her)
The new targets the following week were increased in proportion to this record achievement. The reason this gets really out of hand is that those staff not making the targets face criticism and sometimes even dismissal for poor performance.
My wife was a co-worker in this branch. As she said, you could do you job with integrity, or you could hit your targets which were spectacularly unattainable. My guess is that stupid incentives structures combined with a refusal to reprimand dishonest behaviour is behind this too. The management need to be sacked whether they knew or not.
Over on the funny side, our top comment is one that pops up frequently whenever we level criticisms at Google (this time, over the Feedburner/Goo.gl link shortening fiasco). JD offered up the classic ironic-faux-troll:
Clearly this is just more proof that Mike Masnick is a Google shill.
Next, we have a quip on a thread about Comcast's broken broadband meters which seemed to be vastly overcharging people. One commenter asked if it would be called fraud to sell 10,000 tickets for a show with a 3,000 seat capacity — and Michael had an answer:
I'm sure I'm not the first to tell you that this week was the 50th anniversary of Star Trek, one of the greatest television franchises of all time. But as a Canadian I might be the first to tell you/brag about one lesser-known fact: though September 8th is when the first episode first aired on NBC, up here north of the border we actually got it before you — the very first airing of The Man Trap was two days earlier on CTV.
I'm a creator. And I collaborate closely with other creators. Our stuff gets copied all the time.
There's even one guy who word-for-word, shot-for-shot, copies lots of our content, in Chinese, within hours of release. I appreciate his perseverance. Our stats prove we get more traffic with him than without.
Thanks to the internet, the whole English-speaking world is our market. Copying is what happens when you create in a public arena.
Sometimes it's flattering, usually it's just someone trying to cash in. Occasionally there's a useful insight into our product or process.
Altogether, copying might account for a few bucks of revenue we'd otherwise receive. Is this "stealing?" Nope. First, the copy doesn't stop anyone from seeing our original, in fact it often drives them to us so we get the revenue (plus SEO) anyway. Second, copies increase the appetite for our work and the venues to promote it, both vastly more valuable than a few extra views.
Creators' jobs are to be unique and relevant. I'd be worried if we weren't being copied.
For editor's choice on the insightful side, just for a change of pace and because it fits so well with the last comment, we're going to grab a comment from our Facebook page, where Dariusz G. Jagielski shared another creator's perspective:
I am a game developer. Working on my first indie game under nickname of "Darkhog". I won't tell you what it is as I don't want to spam Techdirt. Use google if you want to get to it. It's on TigForums.
Anyway, the thing is that even though I intend to sell this game, I don't care about people copying it if they can't afford it or their stupid government banned it (happened before to totally innocent games such as Pokemon). I don't intend even to try to "protect" it (as in, putting expensive, invasive, broken already anyway and potentially damaging DRM, a.k.a. Denuvo or any other kind of DRM).
Because DRM is bullshit and copying is not theft. Filesharers who will like it, will buy it, jerks wouldn't buy it anyway just to spite me and people who can't buy it because of their financial situation and like it will spread the word about game which will lead to more legitimate sales. Let the games begin.
(If you want to check out his game, you can find it herehere.)
Gotta love the irony here. We have a AT&T VP criticizing Google for it's short comings when AT&T's own failure have been going on for years with failure to deploy and even bring better broadband services to various states.
Meanwhile this AT&T VP is forgetting is they and other providers teamed up to deny Google access to their poles, and have gone to great lengths to get cities, and state governments to pass stautes that would thwart competitiors and limit what municipalities could do on their own to bring a company like Google into build out in their town/city.
So it's more than a little rich that the AT&T VP is knocking Google when AT&T history isnt exactly a beacon of light. All it shows is how much of an irritant Google was to them in the cities and states where AT&T had to actual do something to compete with another provider.
Not to worry though I am sure AT&T will continue to pillage the consumers pockets while doing the least possible in the way of improvements and satisfying the customer
I wonder where all these people got the idea that copying was theft. Do you think they came up with that idea on their own?
For editor's choice on the funny side, we start out with an election debate where the assertion was made that Bush, Obama and both Clintons are "cancers". Regardless of how you feel about any/all of those politicians, you've got to tip your hat to this anonymous response:
That is plainly not true.
Yes, Bush was a Cancer.
But Bill Clinton and Obama were both Leos, and Hillary is a Scorpio.
Finally, after always-on PDF DRM was found screwing over consumers, Underprepared Hiker composed a piece of short fiction:
There I was stranded in the Alaskan wilderness freezing, I managed to gather up some sticks to make a fire but I had no idea how to make a fire.
No big deal I thought and grabbed my smartphone and opened up my copy of "Wilderness Survival Guide" only to be presented with some stupid message about how I had to be on the Internet to read it! I mean WTF, the time I need this e-book the most and it will not open!?!?!?!K!@#
So I yelled as loud as I could "F$*# you DRM!" fortunately some mountain man heard me and guided me to safety.
Thank god my e-book had DRM, without it I'd still be sitting there next to my fire following the books directions of "when lost, stay put, help will come"
Today, we're just going to focus on one thing that happened this week in 2011, since it bears relation to the discussion raging around our Copying Is Not Theft t-shirt and, specifically, the "threats" we regularly receive that people are going to copy it or other Techdirt content to teach us some kind of lesson. As we've always stated in response, we're totally fine with people copying our material as we consider it all to be public domain — and there are really only two caveats. The first is that we don't approve of copiers claiming to be affiliated with us when they're not, and the second is even more serious: we definitely don't approve of other people trying to exert control over our public domain content by claiming their own copyright on it. And that's exactly what happened this week in 2011 when Gregory Evans of LIGATT Security copied a Techdirt post in one of his "books" that was actually just a compilation of articles. As we said at the time, we (unlike almost everyone else he copied) are fine with our articles being used in a book without permission — but we were not fine with the fact that he also included a prominent copyright notice for all content in the book. Copying is one thing; copyfraud is another.
Happy long weekend, Techdirters! We've got two big offers on the go — one that, like the summertime, is coming to an end, and one that just got started. As long-time readers know, we have a philosophy here called CwF+RtB: we connect with fans and then try to give them a reason to buy, and we owe a big thanks to all the fans who keep proving that it's a damn good philosophy indeed. We've actually been experimenting with some expansions to our traditional on-site advertising recently, but we've never much liked that world (thus our failure to follow most of the media's lead in getting angry about ad blockers, instead offering the ability to turn off ads on Techdirt if you so choose) and, unsurprisingly, we ran into plenty of problems right away: deceptive and clickbait-ish ads, technical problems that interfered with the site for some people, and the fact that both we and our readers have the well-trained ad-blindness of any internet native. So we quickly shut down those new programs, because we'd much rather focus on direct offers like these that give our readers a chance to support Techdirt and get something good in return.
First, I'm sure you've seen our latest line of t-shirts, hoodies and other gear: Copying Is Not Theft. It's the one that's been riling people up way more than we expected on Twitter and our Facebook page. Their ire over the message is matched only by the desire to buy the gear that said ire seems to inspire in others — which is a fancy way of saying that a lot of you snatched up a t-shirt after realizing just how controversial it was.
The Techdirt Crystal Ball is a special members-only feature that lets you read, share and comment on upcoming Techdirt posts before they go public on the front page of the blog, giving you a glimpse into our internal editorial queue and letting you get the jump on the conversation:
Once again, happy long weekend everyone! Thanks for checking out these offers and helping us grow our CwF+RtB philosophy instead of tangling with crappy ad networks. All the profit from these and everything we sell goes to supporting (and expanding!) our ongoing reporting — we couldn't do it without you.
This week, officials in Nice reacted in the worst way possible by threatening to sue people sharing photos of the fashion police doing their anti-burka duty. Some of the conversation turned to refugees, and Uriel-238 won most insightful comment of the week by getting serious about things:
We decided that proper and reasonable treatment of refugees was important after the Napoleonic wars, and the standards for such treatment remain enshrined as a testament to humanity in the Geneva and Hague conventions.
Hospitality and fair treatment of refugees is not a duty that one nation owes to another nation, it's a duty that each of us, as individuals who benefit from national laws and identity, owe to all other individuals, considering that but for the grace of God (or your luck and fortune) you could also be outlawed by your own state and pushed out of its borders... or just executed and cremated in a mass oven.
Of course, thanks to George W. Bush's administration the Geneva Convention doesn't mean as much as it once did, and we will have to relearn why we created and ratified it in the first place.
So you can choose to vote against allowing refugees into your borders. You can choose to deny others sanctuary when their own have turned against them and the trains are getting packed and the ovens are on day and night.
But when fortune turns around, and it happens to you, or your grandchildren or your descendants down the line, when they become the persecuted, when the death camps are cooking once again, you had best hope that the people controlling those borders are kinder, more empathetic or more honorable than you are.
I guess this proves that despite 15 years of focus and nearly unlimited funding, the war on terror has not achieved its goal: the public in general is still terrified.
Arguably more so today than 15 years ago.
I'm aware that terrorists are still active, and yes, unfortunately they do at times succeed in attacking airports and other public areas. But I think too much (if not all) effort in that war on terror was focused on making a show of trying to find and stop the next terrorist (mission impossible), and not enough in reassuring the public.
When I'm scared, I don't want you to tear apart my bedroom and try to find the monster! I want you to acknowledge my fear, reassure me, and help me put things into context and perspective. I want to be informed in an open and rational way about the danger, without exaggerations or hidden agendas, so I can cope with it in my own way.
Instead, what the 'security theater' has done is actually reinforce the fears of the public beyond reason: Lots of noise. No perspective. No context. No open and transparent communication.
And I'm worried there may very well be a hidden agenda...
"copyright law is predicated on the theory that creators are incentivized to create new works by the prospect of reaping the economic fruits of their creative labor, which in turn benefits the public by increasing the number of creative works available for their enjoyment"
The objective is not so that the works are "available for our enjoyment", but rather that such works will eventually be fully ours, aka, Public Domain.
They act like the mid-state is the end game. It is not.
Which is kinda the whole point, since the first hand knowledge is being jealously guarded. When you mess with people's privacy but won't be up front about exactly what you're doing, expect to be called on it.
Adding machines have a history that dates back to the 17th century, but they didn't really become useful and popular until the late 1800s. One of the two main trailblazers was the machine patented by William Seward Burroughs on August 25th, 1888. His company would go on to become what we know today as Unisys — and his grandson would become an author who helped define the beat generation.
Yesterday, we launched our latest Techdirt gear design: Copying Is Not Theft, available on a variety of products. Men's and women's t-shirts are $20, hoodies are only $35, stickers are $4, and this time we've added v-necks and long-sleeve tees for $22 and mugs for $14. Help spread the word that whatever people think about copying and piracy, you won't swallow a false equivalency like "copying is theft".
Still not sold? Well, perhaps these computer-generated composites of photogenic people wearing the shirt can convince you:
Something cool must be going on over to the left.
Seriously, whatever's happening to the left must be just spellbinding.
WHAT IS GOING ON OVER THERE?
Also, after being challenged on Twitter, we decided it only makes sense to offer up the design for free as a vector SVG and a high-res PNG, just in case you want to steal copy it.
The Copying Is Not Theft gear is only available until Monday, September 5th so hurry up and order yours today!
We've said it a million times, even as the copyright industries continue to ignore it: copying is not theft. When you steal something, you take it away from someone else; when you copy something, the original is unharmed and nobody is deprived. We know most people here at Techdirt understand that message, and now you can shout it out with our new Copying Is Not Theft t-shirt and hoodie.
In addition to our usual offering of men's and women's t-shirts for $20 and hoodies for $35, we're trying out some new products for this design. There are long-sleeve t-shirts and men's and women's v-necks for $22, and mugs for $14 (plus, like last time, stickers!) If any of these options prove popular we'll strive to offer them with other designs in the future, so vote with your wallet.
One more thing: in the spirit of copying, we're also making the artwork available as a vector SVG and a high-res PNG, just in case you want to print out a poster, make your own gear, remix it somehow, or anything else like that.
The Copying Is Not Theft gear is only available until Monday, September 5th so hurry up and order yours today!
Yes, there are. I'm one of them. (30+ years experience at multiple Fortune 500 companies and several major universities. Spent the last eight years building and defending a medical database system that grew from 10's of gigabytes to half a petabyte. And so on.) I applied for the open security expert position at the DNC and heard nothing back. Not even a "no thank you". Nothing.
And with all due respect to these folks: now is not the time to craft policy. That's a lengthy and careful debate. Now is the time to deploy systems that are as secure as possible given time constraints -- noting that there's an election in three months and that something that solves 90% of the problems for 90 days is better than something that solves 99% of the problems but won't be operational until 2018.
You may have missed the point. This is like if someone at an oil protest had a "No Pipelines!" sign, and you said "well actually, there *are* pipelines. Instead of denying that, shouldn't we be protesting it?"
Most attempts to censor speech usually winds up giving that suppressed cause a much bigger platform and audience.
I hope you see the inherent flaw in that observation. Speech that gets Streisanded is by definition spread everywhere and seen widely, so of course we get the impression that this happens more often than speech which is successfully censored, which by definition we see very little of.
The truth is, Facebook successfully censors huge amounts of content — spam, infringement, and violation of terms of service and community standards — every day, and the vast majority of that content never gets any bump from the Streisand Effect.
We are going to be adding UK fulfillment soon! Prices should be similar. It takes some time to set up but we'll hopefully have it active for the second half of this sale period... Check back soon (we'll post an announcement once it's ready!)
If your security relies on keeping a single number secret, and then that number leaks, expecting the government to step in and clamp down on massive amounts of speech and essentially outlaw the mere knowledge of a few digits is both stupid and unjust.
If my password leaks, I change it unless I'm a moron. If my password leaks after I've already shipped millions of units of something-or-other that is supposed to be perfectly protected by that now-unchangeable password, I was a moron all along.
Of course there are laws against this. Lots of laws. For example, "[A] person shall not . . . Intentionally communicate another individual's social security number to the general public[.]" Va. Code Ann. § 59.1-443.2.
As far as I can tell, less then half of all the states have such a law. And it's a stupid law. Indeed, all the laws regarding SSN use and privacy form nothing more than a sad patchwork attempt to shore up utterly useless security. The idea that your entire identity is guarded solely by a single password which is difficult to change and which you must hand over in plaintext to dozens of different companies and agencies over the course of your life is... idiotic.
Many companies and agencies use your mother's maiden name as a piece of identifying data too - my bank sometimes seems to accept just that & my birthdate as confirmation that they are talking to me. So... should publishing someone's mother's maiden name and birthdate be illegal, too? After all, it can be "dangerous" for that information to be out there...
(as for comparing the breaking of copy protection to a mere number, that's because in the cases I'm referring to it literally was. AACS encryption was broken and the cryptographic key became public knowledge. It was in hexidecimal: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
For a while, websites that so much as printed that number started receiving cease & desist orders from the MPAA. Digg.com removed a bunch of articles and started banning people who mentioned it in a comment.
A simple number 128-bit number had become illegal.
As I understand it, there is no law against knowing or sharing someone's SSN. Indeed, there shouldn't be any danger inherent in anyone knowing your SSN, since that's a pretty abysmal security system - it's only dangerous because many organizations treat it as a piece of authenticating data, even though they really shouldn't, any more than they should your mother's maiden name.
Now, if you use that social security number to do something like commit fraud, then you have broken the law. But outlawing the number itself is just silly.
This is the very last time we'll be offering the Vote2016() shirt. And the very last time this year that we'll be offering any of the other shirts.
Shirts, by the way, are not artificially scarce.
[This comment posted for the benefit of anyone else who might not have been clear on our plan for these shirts - not for the jackass who will find something to whine about regardless of any and all factors.]
It's predominantly about the current debate around encryption for the public, since encryption is just math - but the government wants to legislate limits and backdoors. Though it has applied to IP situations in the past, when encryption for copy protection has been broken which, thanks to the DMCA's anti-circumvention provisions, has created situations in which a mere number is illegal to publish.
Heh yeah. And if you head down to the "Broadcast" section it continues - they bury the fact a couple paragraphs deep in the "Overseas Broadcast" section after telling the entire story of its first American airing in great detail.
If you play my song in the privacy of your home, I have no issues. If you play it at a public venue and represent it as yours, I would say that is theft.
But doesn't that right there demonstrate one of the many ways in which copying is so different from theft?
After all, you wouldn't say "if you steal my car and drive it in your back yard, I have no issues. If you steal my car and drive it on the public streets, it's theft" — no, you would be equally deprived of the car and equally stolen from in either circumstance.
Copying doesn't necessarily harm or effect you in any way - in fact you can be copied and not even know about it. Only under very specific circumstances can it be said to cause any harm, and even then the harm is almost impossible to quantify. That's a very, very different situation from theft of property.
No, quite the opposite. Wrong/right aside, it is NOT theft.
That's the point. You can certainly still say some forms of copying are wrong — but they are still entirely distinct from theft.
You ask "how do you argue that it's not theft" but, well, we don't really have to argue it - it's pretty clear that it's not the same thing. How do you argue that it IS theft? If someone sings your song or dances your dance, you still have the song or the dance - they haven't taken it away from you. They copied it, they didn't steal it.
Fair point. Bad phrasing on my part. Hypothetical morals are overly flexible anyway - I'm sure we could invent some sort of trolly problem in which copying ends up being worse than murder, too. Let's say this: with all other situational ethical factors being the same or very similar, copying is almost never as wrong as theft.
Sure I'll swap it out, no worries :) I doubt you'd be in that much trouble (you're hardly the only JRPG designer using some existing assets as a shortcut!) but hey, who wants to tangle with the DMCA, right?
I tend to agree. I do think there are situations in which copying is wrong to varying degrees, though in none of them is it as wrong as theft. Of course, almost all of the situations in which it's notably wrong are the opposite of the situations that the "copying is theft" rhetoric generally targets (consumers pirating the works of big media companies). Rather, the worst copying is when big media companies use their resources and market reach to copy and capitalize on the works of independent creators, or when they copy things from the public domain then attempt to establish copyright control over them, or when they avail themselves of fair use by copying a clip for commentary/criticism then turn around and issue takedowns not only over further fair use of their clips but even over the original clip they copied.
Of course, none of those forms of copying are theft either — but I do think they are wrong to varying degrees (and in many cases the analogy to theft, while still incorrect, is actually much much closer than with run-of-the-mill piracy).