A Guy 's Techdirt Comments

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  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 27 Nov, 2011 @ 07:21pm

    Re: Re: Re:

    Richard O Dwyer ran a tv episode linking website that is probably legal in the UK (based on precedent). The UK signed a really bad treaty that could let the US extradite UK nationals even if they haven't broken UK laws without an evidentiary hearing. The US claimed that because the website was accessible in the US, O'Dwyer was subject to the treaty.

    It's a big controversy over there because it made people aware of the horrible and probably illegal treaty that was signed and how the US intended to use it.

  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 27 Nov, 2011 @ 01:07am

    Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:

    Let's not forget the circumvention provisions. Projects like TOR and FreeNet were created and distributed specifically to allow free speech in despotic regimes. They do that by hiding the entrance and exit nodes of traffic generated by the user. Under SOPA, these programs would be illegal as "circumvention services" because you don't know if the exit node would connect you to blacklisted sites.

    Think about that. These were literally designed by the US government for free speech. Under SOPA, they would be illegal. The same can be said for proxy and vpn services. These services are used to ensure privacy, communicate and publish anonymously, and avoid censorship.

    I think that provision in particular would have a hard time passing constitutional scrutiny.

  • On the post: Mike Masnick's Favorite Techdirt Posts Of The Week

    A Guy ( profile ), 27 Nov, 2011 @ 12:10am

    Re: Re: Re: Re: Re: Re: Re:

    Pure hyperbole.

    The belief that you shouldn't saddle the market with unnecessary, harmful, regulation is the opposite of communism.

  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 27 Nov, 2011 @ 12:01am

    Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:

    I think you may give Viacom too much credit.

    "Executives as high up as the president of Comedy Central and the head of MTV Networks felt "very strongly" that clips from shows like The Daily Show and The Colbert Report should remain on YouTube."

    It's not solid evidence that those top executives were directly behind it, but it does make me wonder.

    The question becomes how is a service supposed to know what is authorized and what isn't?

    In this case the legitimate copyright holders uploaded clips to a site, took steps to hide their origin, and later sued to accuse that site of being dedicated to copyright infringement. (If you need a source on that, I'm sure someone can provide it.)

    Viacom lost because the safe harbors remained intact and they were caught. What happens when the next guy learns from Viacom's mistake and doesn't get caught? What happens if the company isn't big enough to fight in the first place?

    These are the questions that will scare investment in start ups and small businesses out of the United States, and into other countries. Microsoft and Google both seem to believe the bill goes too far, and they don't have to worry about affording lawyers.

    If ad and financial services can no longer do business with sites that are legal in their country of origin, won't that just open up a market to those that will? If the cost of business becomes too high in the US, don't you think that companies will just move or invest their money in other countries where regulatory risk is lower?

    Maybe it will be a new company called Google Taiwan that is a subsidiary of Google whom will be expand to serve ads to these websites that are legal in their home country. Maybe another company will come along and eat Google's lunch. I bet a payment processor in China or Europe would be more than happy to do business with sites that are legal in their country of origin but blacklisted here.

    I think the bill as written will drive jobs and investment out of the United States, reduce taxable income in the United States, and do little to enrich the copyright holders.

    I'm sure their are a lot of constitutional challenges that can and will be made, but the real problem is that it replaces an easy rule (DMCA takedowns) with uncertainty, trials, and lawyer fees for the foreseeable future.

  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 26 Nov, 2011 @ 10:59pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:

    At least some VCs and a Harvard Business Professor seem to think the additional uncertainty could make a huge difference.

    http://www.techdirt.com/articles/20110623/11401714827/top-vcs-tell-congress-protect-ip-will-harm-innovation.shtml

    http://www.techdirt.com/articles/20111107/12192016669/study-shows-how-sopapipa-will-harm-investment-key-innovations.shtml

  • On the post: Mike Masnick's Favorite Techdirt Posts Of The Week

    A Guy ( profile ), 26 Nov, 2011 @ 08:44pm

    Re: Re: Re: Re: Re:

    I do NOT advocate the complete repeal of IP laws. Trademark law in particular is implemented well. However, there are massive problems in our current implementation of patent law. Copyright could also use a tweak.

    Too many lawyers attracted to any industry outside of criminal justice is a clue you are doing it wrong.

  • On the post: Mike Masnick's Favorite Techdirt Posts Of The Week

    A Guy ( profile ), 26 Nov, 2011 @ 08:18pm

    Re: Re: Re: Re: Re:

    The United States rose to power in no small part due to its ability to throw out British IP laws. China is rising to power due in no small part due to it completely ignoring IP laws.

    There are many, many other examples of the new powers rising above the old due to their ability to reorder their economy without political and economic gatekeepers in place to stop them.

  • On the post: Mike Masnick's Favorite Techdirt Posts Of The Week

    A Guy ( profile ), 26 Nov, 2011 @ 07:38pm

    Re: Re: Re: Re: Re:

    You don't know much about history do you?

  • On the post: Mike Masnick's Favorite Techdirt Posts Of The Week

    A Guy ( profile ), 26 Nov, 2011 @ 07:35pm

    Re: Re: Re: Re: Re: Re: Re:

    No, saying the means of production belongs to everyone is communism.

    Ideas belonging to everyone is the hallmark of a free society.

  • On the post: Mike Masnick's Favorite Techdirt Posts Of The Week

    A Guy ( profile ), 26 Nov, 2011 @ 06:42pm

    Re: Re: Re: Re: Re:

    Actually, in the USSR their was one model for everything. One diswasher, one dryer, one microwave, and one brand of toothpaste.

    The USSR's position on IP law was the government owns it all and will decide what is made and when.

  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 26 Nov, 2011 @ 06:13pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:

    I should note that this isn't a huge problem for established companies who can afford lawyers, but this would be the death of any slightly interesting start up that might compete with facebook, google, or youtube because most will not be able to afford the lawyers to defend themselves.

    This will also freeze most venture capital that would otherwise run into the industry because the second you become interesting, your competitors can use this pretense to kill your business.

  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 26 Nov, 2011 @ 06:06pm

    Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:

    The private right of action will force payment processors to cut off funding to a site or face liability. If the tool is always used in good faith, there won't be a lot of problems.

    However, we already know that tools like these are often not used in good faith. All a competitor would have to do is upload a copyrighted work onto the site and then claim file a notice to cut off all funding.

    We already know that competitors and corporate enemies have used similar tactics in the past with DMCA notices. (Viacom v Youtube)

    It seem inevitable that bad actors will abuse this language to hamper their competitors until they can no longer compete.

  • On the post: Mike Masnick's Favorite Techdirt Posts Of The Week

    A Guy ( profile ), 26 Nov, 2011 @ 01:23pm

    Re:

    I've never seen shark tank, but no IP laws or IP law as it stands today is a false choice.

  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 26 Nov, 2011 @ 06:56am

    Re: Re: Wake-up Congress!

    Sad but true.

    The taxpayer will eventually need to bail out the US government though. Everyone knows that the current system cannot continue forever and the US taxpayer will eventually feel the pain.

  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 25 Nov, 2011 @ 05:17pm

    Re: Re:

    Of course Turkeys have rights. They have the right to troll techdirt and fling names like "freetard" and "pirate Mike".

  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 25 Nov, 2011 @ 04:15pm

    Re: Re: how about this?

    I think it's pretty obvious that military spending is out of control. We have the largest navy in the world. It is bigger than the next 13 largest navies combined. Most of these navies belong to allies. Defense spending is just stimulus spending that is acceptable to the republicans.

    Medicare and Medicaid are also out of control of course. That is largely because we don't negotiate for drug prices and services with providers.

    We won't get substantive cuts until we kick out the drug lobby, the defense lobby, and whoever the lobby is that convinces hospitals to buy 2 dollar switches for 250 dollars.

    Don't hold your breath.

  • On the post: A Message For Congress Over Thanksgiving

    A Guy ( profile ), 25 Nov, 2011 @ 03:56pm

    Re: Re: Re: Re: Re: Re: Re: Re:

    That was a long post that said very little. One first amendment argument is that restraint of speech is unconstitutional without due process. Due process does not include company A going to company B and saying "I don't like what is being said here, you are required by law to stop doing business with them or face onerous penalties immediately."

    Restraint generally requires a hearing in front of a judge, who can issue a TRO. There are exceptions of course, however all I have heard of include some sort of custodial situation like a prisoner, a suspect in custody, or a student. Even in these cases, the penalties are levied on the restrainer, not the ones being restrained.

    I don't think you'll find many people that will argue Tenenbaum's case was handled well. Nesson tried to argue broad public policy instead of arguing the case. IANAL and even I know that's a bad idea.

    I'm sure there are others that will have different and possibly better constitutional arguments, possible from the over 100 lawyers and practitioners whom signed the petition.

  • On the post: Innovation In Security: It's All About Trust

    A Guy ( profile ), 24 Nov, 2011 @ 01:59am

    I couldn't get the video to load, but maybe it's just me. For storage, I think it's easy to figure out whom to trust. If they say "I will store all your information but I may look at it and sell statistics about you to everyone else" they are not worth trusting for anything beyond funny emails and reminders to call your mother.

    If they tell you "I will give you storage space and the tools to encrypt your information that you may use at your discretion," they may be worth trusting for more sensitive information.

  • On the post: New Research Shows Movie And Game Piracy On The Rise, But Won't Tell Us How It Knows

    A Guy ( profile ), 23 Nov, 2011 @ 10:24am

    Re: HARD DATA counter-example from "piracy" tag in your link.

    Is it by number of login attempts to the server or IP addresses with an infringing copy?

    Both methodologies would lead to inflated numbers, but if it's just login attempts that number may be increased by a factor of 20 or more.

    Either way, it is kind of a funny.

  • On the post: New Research Shows Movie And Game Piracy On The Rise, But Won't Tell Us How It Knows

    A Guy ( profile ), 23 Nov, 2011 @ 08:51am

    Re: Boiling it down...

    When weren't they like sports talk radio?

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