There's always something interesting to read here at Techdirt, so picking out favorite posts, even for one week, is a tough job. The stories I've been following have histories and watching them unfold has been fascinating and fun in equal measure.
On the political front we've had a roller-coaster year so far with the SOPA/PIPA and ACTA takedowns in which we proved that pressure works. Techdirt has been instrumental in explaining the ins and outs in an accessible way — and giving us the heads-up when we needed to know that SOPA sponsor and internet punchbag Lamar Smith was up to his old tricks again, sneaking SOPA into legislation in pieces. Should we call the IPAA SOPA-Stein? It's got the monster's feet sewn on in the form of IP attaches, who would move from USTPO to the Department of Commerce, create a new agency, and spend taxpayer money to expand IPR maximalism via the diplomatic corp.
Meanwhile, the EU Trade commission has been celebrating Greek culture by copying an idea from the ancient poet Homer's account of the Siege of Troy. Good job it's out of copyright! Yes indeed, it seems they've found the story of the Trojan Horse appealing enough to put into practice as CETA, the idea being to sneak thirty warriors the IP chapter of ACTA into the text, as described by Canadian internet law expert Dr. Michael Geist. Thankfully, we weren't caught napping and in the damage control efforts that followed the inevitable outcry, it emerged that although they haven't changed the text of the Canadian-European Trade Agreement, they have, or something. We don't know for certain because they won't let us see the text, but don't you worry your pretty little heads about it. Move along, there's nothing to see here. Apart from the most clueless column of the week, if you want a good laugh.
Undeterred by the demise of ACTA, the USTR has been working away on the Trans Pacific Partnership in the teeth of public opposition. Their softening stance on copyright to recognize the exceptions and limitations we need to get things done online may yet be a sign that they're starting to listen to us, but don't hold your breath; they still won't show it to Congress or the new partner nations Mexico and Canada.
The Oatmeal/Carreon punch-up has provided much amusement and we've got through a lot of beer and popcorn watching the saga unfold. Website owner Matthew Inman made good on his promise to photograph the money fans had donated to the Bearlove fundraiser on Indiegogo and send it (the photo, not the money) to Funnyjunk with a hilarious picture of Funnyjunk's mother seducing a bear.
Photo scenes included an image of Funnyjunk's mother literally made of money and the letters FU, which I'm certain mean something to Funnyjunk. To us it means, "Hilarity ensued." Funnyjunk's deluded lawyer Charles Carreon, whose antics have been alternately angering and cracking us up for the last few weeks, will doubtless not be amused, but will probably claim it as a trophy of his Pyrrhic victory.
Kim Dotcom never seems to be out of the news. The colorful internet entrepreneur has been the subject of a botched extradition attempt by the American Department of Justice, who, at the behest of the MPAA, shut down popular cyberlocker Megaupload and froze his assets. In a display of breathtaking arrogance, they've tried to conceal their lack of evidence by refusing to let Dotcom or his lawyers see it — apart from one piece of paper, then using siege tactics to use up all his funds to force him to come to the US. The hearing has been put back till March of next year. Dotcom has gambled on the likelihood of an acquittal or even the dismissal of the charges against him in an American court on condition that his funds are unfrozen to pay for his defense.
This week's feel-good story showed the value of social media for helping people out. Jack Russell owner Deirdre Anglin's pet slipped away on Tuesday evening and ended up on a train. Workers noticed that the owner wasn't aboard and took Patch to Pearse St. Station, then took a photo and tweeted, "Lost dog! Boarded at Kilcock at 06.49 this morning, currently being looked after in Pearse Stn. Please ReTweet."
Twitter users kept retweeting the message until Deirdre discovered it and replied. Barely half an hour after the original tweet, Irish Rail announced that they were in the process of confirming the owner and thanked their followers for the retweets. Later on, they posted a reunion picture. This kindness and usage of social media is probably why they've won the Social Media Awards for this year. They deserve to.
Patents and copyright continue to dominate the news. A curious case, in which copyright and trademark infringement were bundled, arose in a New York court where Robert Carpenter from Poughkeepsie, New York, has been ordered to pay the publisher $7,000 in damages for sharing a copy of "WordPress All-in-One For Dummies" on BitTorrent. According to Judge William Pauley, the man is guilty of both copyright and trademark infringement. It's a default judgement since apparently Carpenter didn't show up at court, but as Glyn Moody pointed out, "That's troubling, because it would seem to open the door for anti-counterfeiting measures aimed at tackling serious trademark infringement to be applied routinely to P2P sharing of copyright files simply because they are exact copies of originals."
On Wednesday, Mike Masnick pointed out the egregious hypocrisy of Hollywood insisting that we not profit off the works of others without fairly compensating them, then apparently not lining up to pay Wikileaks founder Julian Assange for his account of the Wikileaks story. In fact, they're going to everyone except the man himself for material for a proposed biopic.
Finally, the copyright landscape is experiencing seismic shifts as the push-back against rampant maximalism continues. In Canada, the copyright reform bill is very close to becoming law, bringing with it some fantastic new fair dealing provisions (while retaining DRM). On Thursday, Leigh Beadon gleefully reported that the Supreme court published five separate judgements in cases related to tariffs and royalties, and each of which contains significant victories for smarter copyright law.
Meanwhile, here in Europe, the European Commission has proposed bringing in a new directive to reform music licensing. Copyright maximalist Marielle Gallo, who was instrumental in gutting a proposal on orphan works put forward by the EU Commission earlier this year, is going to be the rapporteur for this, but if we put enough pressure on the JURI Committee members there's a good chance we can get some decent legislation through this time.
Well, that's it from me, enjoy the weekend — and the excellent posts here on my favorite tech blog.
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Re: Re: The point of free speech
Now, now, Mike, everyone knows that anyone who doesn't worship at the altar of Trump Almighty is a commie pinko Marxist traitor to America.
This is why I refuse to buy Apple products
Only fanbois like them, anyway. I can't find a reason to like the company, much less buy their overpriced crap.
Re: Re: Free speach is getting silly.
Trump tripled it before the Coronavirus hit and nobody gave a rat's.
Re: Re: Re: Free speach is getting silly.
Re: Re: Re: Re: Pandemic defined: media driven frenzy over a bad
If that were true we wouldn't be in the middle of a pandemic.
Re: Re: Re:
Indeed. They're this kind of people.
What about doxxing?
This is a real problem with real consequences. When we talk about privacy we're going to have to talk about the data people often carelessly leave online or is discovered and then used for nefarious purposes. Privacy and free speech intersect here.
Re: Re:
Ehud, that post was dripping with sarcasm. He already knew.
Re: same old, same old
ROFL!
Re: By what standards?
I'll bite. We here on TD are among the few who understand that copyright was supposed to be about the public interest. Due to relentless lobbying and to ideological considerations, other people don't. Two examples: On the right, a friend who said that since copyright is intellectual property it should be held in perpetuity to benefit the heirs of the copyright creator. I asked if title deeds would go with that, and pointed out that creators aren't necessarily the copyright holders. On the left, an actual socialist who came up with the "hand and brain" argument, i.e. "Sweat of the brow." He wouldn't be swayed. So yeah, the lobbying has been so successful we appear to be in the minority.
Re:
National Review ignored my correction to an article on healthcare where I stated that the NHS does not have a monopoly on healthcare; we have private provision too. Kevin Williamson ignored it, @NRO ignored it, and David French ignored it. Ideologues aren't interested in the truth, they only care about getting the message out.
Re: Re: Newsweek isn't news any more
Good point.
Re: Re:
Yep. Shouting someone down is also censorship.
Newsweek isn't news any more
I wish they'd change their name to "Entertainmentweek" since they're not providing actual news. Shame on them!
Re: Re:
Who the hell would have an internet-connected sex toy?! The implications...! 0.0
Re: Re: Where's The Beef?
Sounds about right. My beef with cable TV has always been that you can't pick an a la carte option of channels you DO want. You have to take the ones you don't along with the ones you do, which often means getting two or three packages just to get the channels you want to watch. The new broadband TV services are a bit better, at least here in the UK. We get subscription services such as Netflix and Amazon Prime. I'm with Now TV so if I want to follow one particular series and am not interested in anything else, I have to subscribe to the TV service to get it. It would be lovely to have a library service where we could get access to the shows and films we wanted on demand without having to pay for crap we're not interested in as well. If that meant paying a small charge per series and per film, I'd be fine with that. As it is, we don't own what we buy online and the rental charges are a bit steep if you add them up. I can drop the service I've got when I want to, which is handy and when all is said and done it is a decent deal. I'd just like to be able to get at anything I want to see instead of hoping for the best when I sign in.
Re: Re: Re:
The words are used interchangeably.
Re: Re: Re: Good Points
Let us know how you get on. You can submit a story to Techdirt, there's a link at the bottom of the page. I hope you succeed.
Re: The Mob
It's okay, f. We understand. Don't be upset, use the information you've been given and run with it. Remember, you can still use the name, you just can't trademark it.
Re: Kovid Kare
Hi there, f. I'm sorry for your troubles but I have some good news; not being able to trademark the word "Covid" or derivatives thereof doesn't mean you can't use the name, make the signs, shirts, or reading materials. You totally can -- but so can everyone else. You'll have copyright on the reading materials as soon as theyr'e produced but to assert it you'll have to register. I wouldn't bother since the value is assigned by the buyers and if the market says no you've wasted your money. Do all the things you want to do without resorting to trademarking, etc. and see how you get on. The more useful it is, the more valuable it will be. Actually, you could write about your situation, there seems to be a lot of mileage in it. Good luck to you.