Latest Techdirt Comments http://blog.techdirt.com/ Easily digestible tech news.... Re: Re: There has been an update posted on Facebook http://blog.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c617 Tue, 21 May 2013 19:38:13 PDT http://blog.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c617 Re: Re: TIL... http://blog.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c603 Tue, 21 May 2013 19:34:54 PDT http://blog.techdirt.com/articles/20130520/01450023148/makers-nutella-force-fan-who-created-world-nutella-day-to-shut-it-down-updated.shtml#c603 Re: Re: http://blog.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1592 Tue, 21 May 2013 19:23:07 PDT http://blog.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1592 That's not what I said. The anticircumvention provisions strengthen copyright holders' rights by making it more difficult to circumvent access controls. Those access controls make it more difficult to infringe. By making it legal to traffic in these circumvention technologies, that in turn makes it easier to infringe.

Ah, I think I get the fundamental difference in viewpoint that's causing the issue. Let me see if I understand this correctly.

In your view, copyright is a natural right that creators of works possess. They created it, therefore they own it, and anyone else who accesses must follow their rules. "Fair use" is an exception that temporarily diminshes the creator's rights in order to allow the public access to certain allowed uses of the work, such as parody or news reporting. Is that close?

Because that's the opposite of my view, and arguably of the Constitutional view. In my view copyright is a temporary right granted to creators to supress my natural right to do with it whatever the heck I want.

To take it to a real world example, if one of my friends tells a story at a party, what "right" does he have to that story? I can tell the story, change the story, or do whatever I want with it, as people have always done. People copy each other reflexively and naturally; look up the concept of "mirroring" in psychology. They have no natural right to their stories, ideas, and behaviors that prevent other people from mimicking or using in their own way. How do you think dialects start?

In other words, "copyright" is a commercial protection of culture to encourage the creation of more culture. Put another way, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The key part in both concepts is the purpose or intent...in my version the "encourage the creation of more culture" and in the Constitutional language "To promote the Progress of Science and the useful Arts."

You seem focused on the rights of creators as if the purpose of those rights is to make the creators money and to prevent other people from infringing on their copyright. This is not, and has never been, the purpose behind copyright law, although it is being widely used for it now.

So from your point of view, this change would weaken copyright law by removing the "right" of preventing infringement and loss of control. From my point of view this change strengthens copyright law by promoting the exchange of ideas, reducing economic waste by those who are not creators (the distribution companies), and by increasing the value of copyrighted works.

To illustrate my point, I will utilize a bit of fair use:
"So what I told you was true, from a certain point of view."]]> Re: Re: Re: Re: Re: http://blog.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c1111 Tue, 21 May 2013 19:14:33 PDT http://blog.techdirt.com/articles/20130505/14372422951/court-finds-fantasy-stories-obscene.shtml#c1111 Left alone and permitted without restriction, this sort of thing expresses that society thinks this is okay, acceptable in it's own way, and that the acts portrayed in it are equally acceptable.

Permitting speech does not mean condoning the actions the speech describes. It is perfectly acceptable to write about rape, murder, and genocide, but we don't condone any of those activities.]]> Re: Touch it!!! http://blog.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml#c389 Tue, 21 May 2013 19:14:28 PDT http://blog.techdirt.com/articles/20130521/01321523153/kitchen-nightmares-lawyers-threaten-infamous-samy-amy-if-they-talk-about-their-experience-show.shtml#c389
It's so simmm-pollllll!]]> Re: Re: Minion, don't throw "moral panics" bit into actual police actions. http://blog.techdirt.com/articles/20130502/18364622931/ma-teen-arrested-held-without-bail-posting-supposed-terrorist-threat-facebook.shtml#c1109 Tue, 21 May 2013 19:11:17 PDT http://blog.techdirt.com/articles/20130502/18364622931/ma-teen-arrested-held-without-bail-posting-supposed-terrorist-threat-facebook.shtml#c1109 Re: http://blog.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c453 Tue, 21 May 2013 19:04:31 PDT http://blog.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c453 Re: http://blog.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c434 Tue, 21 May 2013 19:03:35 PDT http://blog.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c434 Re: http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c337 Tue, 21 May 2013 18:58:24 PDT http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c337 Re: http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c336 Tue, 21 May 2013 18:57:12 PDT http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c336
Don't you worry John I am sure is sitting with his Barbie doll in the basement that has SJD scribbled on a post-it-note attached to it and sticking pins into it for revenge.

John takes criticism well and always respects everyones opinion and has nothing but highest moral regard for the law...]]> Re: Re: The story that just keeps on giving http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c316 Tue, 21 May 2013 18:55:09 PDT http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c316 They didn't piss off a bunch of judges. They have one judgeSo you've forgotten Florida, Minnesota and last week's appeals court already? If your memory is that bad it's no wonder you're doing so poorly, John. One of the first things about telling lies is that you need to remember who you told what to, otherwise you end up - well, you end up where you are right now.
who is trying to bully
You keep using that word. I do not think it means what you think it means.
being investigator, judge, and jury all in one.
Yeah, just keep telling yourself that. Maybe one day you'll believe it.]]> F-22 http://blog.techdirt.com/articles/20110311/01552013459/dailydirt-weapons-sky.shtml#c25 Tue, 21 May 2013 18:53:22 PDT http://blog.techdirt.com/articles/20110311/01552013459/dailydirt-weapons-sky.shtml#c25 Re: GIbbs http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c310 Tue, 21 May 2013 18:52:32 PDT http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c310
Now on top if that Gibbs (who is supposedly out of work, but I still think he is working for Prenda) has this portion of 81k plus 1k a day that it is late.

Gibbs had already turned over an affadavits in the Florida Sunlust vs Nyugen case where he basically singled out John "Teflon John" Steele & Paul Duffy as the senior Prenda partners giving Gibbs his instructions on almost every aspect of the case.

Gibbs in my estimation is the first Person I see State & Federal Prosecutors going to for a deal after they get a grand jury indictment for RICO.

Really what options does Gibbs have left? Prenda is throwing him under the bus, and basically saying he is incompetent and they had no idea that he was mis-handling this case and the courts directives.

Gibbs job prospects are pretty well shot. Who is going to hire someone that was associated with Prenda and John Steele after everything that has come down through the courts and has been reported in the media.

I see Gibbs being the first one to fold and give up everyone else, especially Teflon John. You have to remember that Gibbs will be lucky if he has a licence to chase ambulances when this is said and done.

John still has his licence (miracle that is mind you) even though it may be inactive (Teflon John is supposedly retired but I think that may have been a forced retirement, but I highly doubt he is retired, I just think he practices under the radar ~nudge nudge wink wink~)

I predict if the feds can bring down a RICO indictment there are going to be people scurrying for cover and striking a deal and I see Gibbs first up to save his ass and to extract a little revenge on Steele et all for hanging him out to dry.

Time will tell of course this is just my opinion, but hey even I am entitled to dream!]]> Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: http://blog.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1569 Tue, 21 May 2013 18:47:38 PDT http://blog.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1569 That seems a bit of a stretch. That's like saying my window and door locks only protect my windows and doors from opening, not the contents of my house. It's like saying my alarm system only indirectly protects my stuff.

Bad comparison. If you want a valid analogy, you can compare the use case that involves DRM and DMCA to the owner of the house (end user) who goes to the store vendor (content owner) and buys a product (content). Product is copyrighted, so the vendor protects it (puts DRM on it). Protection entitles a spybot and electrified protective wrap which accompany the product to user's house.

User comes home and attempts to use the product. Spybot which now spies on the user in user's own house notifies the user with red lights that most probably user is a criminal, lest use will attempt to duplicate the product. User tries to unwrap the product, but the sneaky wrap refuses to be removed and notifies the user that user can only peek through the wrap with special tool X from the vendor. User most probably doesn't even have a tool X, or has a tool Y, which doesn't really help.

Now frustrated user finds a special tool Z which disables the annoying and potentially dangerous spy bot and its flashing lights and disintegrates the nasty wrap and then finally gets to the product.

With all that, somewhere in background the Big Brother creates a rule which says "you can't disable the bot, you can't remove the wrap with any tool" and etc. It doesn't prevent one from doing it, but it forbids it. Makes a lot of sense, right?

So in order to "protect" the product, the vendor created a privacy violating bot and really irritating wrap which user has to disintegrate first to get some sensible and comfortable user experience. But to scary users off from doing it, there is also a DMCA, which users view as lunacy, since they really need to disable the bot which is an outright spy for who knows whom and they need to remove the wrap, since they have no need to buy any ridiculous tool X - they already have tool Y.

Bottom line - DMCA/1201 doesn't protect DRM and doesn't prevent its breaking. DRM itself is a crooked and unethical methodology which shouldn't even exist in the first place. Both should be gone of for good.]]> Re: Re: The story that just keeps on giving http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c298 Tue, 21 May 2013 18:38:41 PDT http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c298
Prenda's operations have become so noisome they have been thrust into daylight. It is not "just one judge" now. So what would you call more than one judge? A bunch of judges? A posse of judges? A banc of judges? To Prenda & Co., I imagine they are simply called: trouble.]]> Re: http://blog.techdirt.com/articles/20130517/02413623115/bogus-lawsuit-plus-threats-to-those-who-write-about-it-leads-to-epic-response.shtml#c946 Tue, 21 May 2013 18:38:19 PDT http://blog.techdirt.com/articles/20130517/02413623115/bogus-lawsuit-plus-threats-to-those-who-write-about-it-leads-to-epic-response.shtml#c946 http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c283 Tue, 21 May 2013 18:31:44 PDT http://blog.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c283 Re: Re: Re: Re: http://blog.techdirt.com/articles/20101209/09504712210/dailydirt-taking-another-look-nuclear-energy.shtml#c277 Tue, 21 May 2013 18:27:18 PDT http://blog.techdirt.com/articles/20101209/09504712210/dailydirt-taking-another-look-nuclear-energy.shtml#c277
Most famous wasn't a software error either. It was a scrap dealer who took apart a machine that he didn't know what it was, that never should have been scrapped, and killed 10 people.]]> http://blog.techdirt.com/articles/20111213/18060117071/actually-jobs-making-movies-are-rise-not-falling.shtml#c451 Tue, 21 May 2013 18:24:08 PDT http://blog.techdirt.com/articles/20111213/18060117071/actually-jobs-making-movies-are-rise-not-falling.shtml#c451 Re: Re: Re: Re: Re: http://blog.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1558 Tue, 21 May 2013 18:21:54 PDT http://blog.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1558 This was because the PEOPLE didn't want it to be illegal.

WELL...

Technically speaking, people *DID* want it to be illegal, at first.

However, people soon found out that their scapegoat of alcoholism being all of the problems of society was a falsehood and the fact that you had to now DEAL with them instead of being able to drink to try and forget them, even for a little bit, caused real issues.

So now, people wanted alcohol to get away from problems, but it was illegal, so they started to make their own.

And that was how organized crime came into being in the 1930s.

Once alcohol was legal again, though, most of the organized crime either went away or moved onto something else.

Huh... I wonder if that should be applied to marijuana or something.

Something to think about.]]>