cc's Favorite Techdirt Posts Of The Week

from the han-solo dept

This week's favorite posts come courtesy of cc, who's been having fun doing battle in the comments

Do you ever get the feeling that Techdirt has just way too many departments? Yes? Well, it's thanks to that abundance thing Mike is always on about... And it looks like today I'm adding my own: I think I'll call it the DHS, short for "Department of Han Solo". Just because I can.

So on with my highlights for this week.

ICE are living up to their name, trying to create a chilling effect on people linking to stuff they don't like. As Mike noted, they are skating on very thin ice, and hopefully the courts will put them in their place pretty quick. If not, the US gov't will be getting some cool new internet censorship toys soon.

Rep. Zoe Lofgren has come forward with blistering criticism of the lack of due process in ICE's domain seizures, and has given IP Czar Victoria Espinel a thorough grilling about their legality. Lofgren later suggested that the 84,000 websites slandered as child pornographers in the botched mooo.com seizure should turn up the heat on ICE, and made one thing clear: speak up! If you want your Representatives to listen to you, write them physical letters and you might get some attention.

Funnily enough, it wasn't ICE who responded to Lofgren's comments, but the RIAA. Not surprisingly, a response written by industry lobbyists is full of lies and deception, which Techdirt kindly took the time to debunk.

In other important news, a US proposal for the TPP (Trans-Pacific Partnership Agreement), the sequel to ACTA, has been leaked. As those paying attention have come to expect, it's just a list of the things they wanted but didn't get in ACTA. At the same time, we get the news that a major 'piracy' report has concluded that more enforcement is not the right solution -- thus bringing all of US foreign IP policy into question. Hey, now even WIPO has said copyright has been pushed too far.

Of interest may also be that the US Supreme Court have agreed to look at the Golan v. Holder case, and specifically whether it's constitutional to yank public domain works back into copyright. Fingers crossed the supremes will come to the right decision.

On the trademark insanity front, Zynga is trying to trademark most of France, Apple is trying to trademark 'app', and the Twilight vampires are on the prowl for anything with the word 'twilight' in it.

And while we're speaking of insanity, I might as well mention how the consumer rights organisations were treated during the joke hearings about the Special 301 report. Keep it classy, boys.

And that's it for now. May the force... well, you know.

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  1. icon
    xenomancer (profile), 12 Mar 2011 @ 12:12pm

    ಠ_ಠ

    The MAFIAA is not pleased this week; this is srs.

    link to this | view in thread ]

  2. icon
    The eejit (profile), 12 Mar 2011 @ 1:58pm

    Re: ಠ_ಠ

    Monopoly: SRS BZNS.

    link to this | view in thread ]

  3. identicon
    Anonymous Coward, 12 Mar 2011 @ 5:04pm

    Considering the only country that has enacted strong anti-piracy is South Korea, why would anyone expect there to already be evidence strong enforcement works?

    France hasn't cut a single infringer off with their laws.

    So where would we get this evidence from? The future via time travel?

    That report was just typical pirate blather. "Cut prices down and we'll pay!" No you won't. Evidence is already quite strong that you can keep cutting and cutting prices. People will still go for the "free" option, whether it is legal or not, as long as it is available.

    link to this | view in thread ]

  4. identicon
    Anonymous Coward, 12 Mar 2011 @ 5:05pm

    Looking forward to it...

    Why not? The Trans-Pacific Partnership Agreement is great news for anyone who cares about copyright.

    link to this | view in thread ]

  5. identicon
    Anonymous Coward, 12 Mar 2011 @ 5:20pm

    Re: Re:

    Music prices are the lowest they have ever been. If you are complaining about digital entertainment costs, you either don't get out much or are very young.

    You can keep cutting all you want. It won't change the fact that unbridled piracy makes the same product available for the infinitely lower price of $0.00.

    link to this | view in thread ]

  6. identicon
    Anonymous Coward, 12 Mar 2011 @ 5:28pm

    Irony

    On a tangential note, does anyone else find it funny that the report itself is copyright?

    link to this | view in thread ]

  7. icon
    Modplan (profile), 12 Mar 2011 @ 6:00pm

    Re: Irony

    link to this | view in thread ]

  8. identicon
    Anonymous Coward, 12 Mar 2011 @ 6:04pm

    Re: Re: Irony

    Following the logic of your link, similarly, plenty of Internet-based services have been "born of piracy". But there is no reason they should have to remain that way now or in the future. Just like radio, cable TV, or any of the other markets discussed, they have every chance to now legitimize what they are doing.

    If they won't do it voluntarily, it is the job of the government to make them. Fortunately, governments seem to be grasping that concept as the costs of piracy increase.

    link to this | view in thread ]

  9. icon
    BuzzCoastin (profile), 12 Mar 2011 @ 6:24pm

    ICE protects Americans

    China censors the Internet but ICE protects Americans. I believe it because Big Brother told me so.

    link to this | view in thread ]

  10. icon
    Modplan (profile), 12 Mar 2011 @ 6:25pm

    Re: Re: Re: Irony

    You know what irony is? My comment being caught by the spam filter in providing more links as to why your assertions are plainly false.

    link to this | view in thread ]

  11. icon
    Atkray (profile), 12 Mar 2011 @ 6:29pm

    Re: Re: Re: Irony

    Thanks for the memory nudge.

    Pirate radio on FM, San Francisco, late 60's to mid 70's.

    You just exponentially increased my dislike for music distribution companies. I had forgotten all about how good FM radio was before it was corrupted.

    link to this | view in thread ]

  12. identicon
    Anonymous Coward, 12 Mar 2011 @ 6:43pm

    Re: Looking forward to it...

    Since the majority of the world doesn't it is bad news then LoL

    link to this | view in thread ]

  13. identicon
    Anonymous Coward, 12 Mar 2011 @ 6:46pm

    Re:

    Well there is strong evidence that markets grow despite "piracy", the 15 markets showing growth according to the RIAA, only 4 had such nonsense enforcement laws enacted(i.e. South Korea, Sweden, U.K. and France) recently.

    So we see a strong indication that piracy is not really a problem at all, but you can keep saying otherwise.

    link to this | view in thread ]

  14. identicon
    Anonymous Coward, 12 Mar 2011 @ 6:51pm

    Re:

    Also I want to point out that people don't pirate enough, since labels are slow to die and studios are doing just great.

    God I hope free legal alternatives for video start appearing left and right so I can dump your asses once and for all, music is not a problem anymore people can find alternatives like Jamendo and Magnatune that are just great, for books there is at least a thousand years reading on archive.org and Gutenberg.

    Tell me, to whom you are going to sell that snake oil of yours?
    Because I can say with all honesty I don't need you people and those laws doesn't matter that much you people are going down one way or another and the more rigid copyright becomes more powerful legal free alternatives become also.

    link to this | view in thread ]

  15. icon
    Greevar (profile), 12 Mar 2011 @ 7:54pm

    Re: ICE protects Americans

    Be careful. Big brother has a low sensitivity for sarcasm, but if you lay it on too thick, they might catch on.

    link to this | view in thread ]

  16. identicon
    Anonymous Coward, 12 Mar 2011 @ 8:37pm

    Re: Re: Re:

    Do you know what the marginal cost of an infinitely reproducible good is? That's right! It's $0.00.

    link to this | view in thread ]

  17. identicon
    coldbrew, 12 Mar 2011 @ 9:38pm

    Re: Re: Re: Re: Irony

    You and your blood type-ee, fingerprint-ee hocus pocus. We're talking copyright here, fella. Copyright is gawwwwd!

    link to this | view in thread ]

  18. identicon
    Anonymous Coward, 12 Mar 2011 @ 10:37pm

    Re: Re:

    Maybe Masnick can come back and try to explain how price has nothing to do with production cost.

    That was a good one.

    All the music and movies you rip off were produced for free in a basement, right?

    LOL

    link to this | view in thread ]

  19. identicon
    Anonymous Coward, 12 Mar 2011 @ 10:49pm

    Re: Re: Re: Re:

    Do you know what the cost of developing a top of the line pharmaceutical or Hollywood blockbuster is?

    I'll give you a hint. It's not $0.00.

    link to this | view in thread ]

  20. identicon
    Anonymous Coward, 12 Mar 2011 @ 10:52pm

    Re: Re:

    If people didn't feel a need to access copyright content, they wouldn't pirate. And then we wouldn't be having this discussion.

    link to this | view in thread ]

  21. identicon
    Anonymous Coward, 13 Mar 2011 @ 1:13am

    Re: Re: Re:

    If it didn't cost anything to make, they wouldn't have to enforce their copyright. And it wouldn't be as hurtful when it was ripped off.

    But that's not how reality works.

    Remember, Masnick is lying when he says that studies have debunked the fact that piracy is hurtful. It is quite obvious to anyone that isn't willfully blind that it is very hurtful.

    link to this | view in thread ]

  22. icon
    The eejit (profile), 13 Mar 2011 @ 3:38am

    Re: Re: Re: Re: Re:

    Then perhaps they should stop making shitty sequels and minor modifications in order to keep their patents/copyrights.

    link to this | view in thread ]

  23. icon
    The eejit (profile), 13 Mar 2011 @ 3:42am

    Re: Re: Re: Re:

    No, piracy is harmful to morons. Please, get your facts right next time.

    link to this | view in thread ]

  24. icon
    Chris Rhodes (profile), 13 Mar 2011 @ 4:25am

    Re: Re: Re:

    Speaking of price, the labels and studios spend millions on schemes to make sure their content is nearly unusable for legit customers, so they shouldn't be offended when I decide to get that content elsewhere. Simple as that, really.

    If you want to have me as a customer, you should treat me like a customer. If not, well, there are other people selling.

    link to this | view in thread ]

  25. icon
    Chris Rhodes (profile), 13 Mar 2011 @ 4:29am

    Re: Re: Re: Re:

    It is quite obvious to anyone that isn't willfully blind that it is very hurtful.

    "Pay no attention to the facts, studies, and other distractions. We know it's hurtful because we know it's hurtful. Trust me, the RIAA wouldn't hire shills like me if they didn't think so!"

    link to this | view in thread ]

  26. icon
    Chris Rhodes (profile), 13 Mar 2011 @ 4:40am

    Re:

    Considering the only country that has enacted strong anti-piracy is South Korea

    There's no such thing as "strong anti-piracy", because when an anti-piracy measure fails, you move the goalposts for what constitutes "strong".

    A year from now you'll say "We don't know if strong anti-piracy measures work yet, because China is the only country in the world that executes file-sharers by firing squad. The rest of the world merely boots them off the internet!"

    link to this | view in thread ]

  27. icon
    vivaelamor (profile), 13 Mar 2011 @ 6:51am

    Re: Re: Re:

    "If people didn't feel a need to access copyright content, they wouldn't pirate."

    First, I often feel a need to access copyrighted content and I'm not sure even the person that you're replying to suggested otherwise. They seem to be suggesting that actually people do still feel the need to access copyrighted video content.

    Second, 'pirating' isn't reliant on people needing to access copyrighted content, but people merely wanting to access it. I've already admitted that I often need to access copyrighted content, but much of the unauthorised copyrighted content I access is because I want to, not need to.

    link to this | view in thread ]

  28. identicon
    big al, 13 Mar 2011 @ 7:27am

    Re: Re: Re: Re: Irony

    Can we add Radio London and Radio Caroline in the UK (or, rather, just outside the nautical limit) to this? For further irony, let's add that a film based on Caroline (The Boat that Rocked) is under copyright...

    link to this | view in thread ]

  29. identicon
    big al, 13 Mar 2011 @ 7:31am

    Re: Re: Re:

    Just to put another perspective here (yes I am a baby-boomer) I have recently 'stolen' some music - all of which I'd previously paid for on vinyl and also (pre Disney laws) would have been in the public domain by now. Hell, half the artists are dead, so I'm sure as hell not stopping them from creating.

    link to this | view in thread ]

  30. icon
    The eejit (profile), 13 Mar 2011 @ 10:12am

    Re: ICE protects Americans

    Eh, censorship is for cowards and the fearful anyway. We're not fearful, just afraid of the MAFIAA's stupidity.

    link to this | view in thread ]

  31. identicon
    Anonymous Coward, 13 Mar 2011 @ 10:42am

    You know piracy has got problems when even the Chinese are starting to crack down...

    http://www.businessweek.com/ap/financialnews/D9LU4N281.htm

    link to this | view in thread ]

  32. identicon
    Anonymous Coward, 13 Mar 2011 @ 12:11pm

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

    Are you daft? Hollywood make sequels because that's what still sells based on brand recognition, not because they want to. Don't blame the movie studios for that. Blame the audiences.

    As for pharmaceuticals, billions goes into R&D every year. And patent lifespan, including the 3-5 years of medical trials to get approval, is very short.

    link to this | view in thread ]

  33. icon
    cc (profile), 13 Mar 2011 @ 1:43pm

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

    Seriously troll, STFU.

    If you took the effort to look at the charts, you'd see that in 2010 the top-grossing films have NOT been sequels, with the exception of Toy Story 3. In fact in 2009, Avatar, the highest-grossing film of all time, was an original film.

    Pharma spends "billions" on R&D, but they spend way more on marketing, and their profits dwarf most other industries by a huge margin (high-risk business my arse). Their patent lengths are too short? Ask the people who need access to stupidly-priced patented drugs NOW to stay alive, I'm sure they'll agree.

    link to this | view in thread ]

  34. identicon
    Anonymous Coward, 13 Mar 2011 @ 1:44pm

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

    So that's why copyright has to last centuries! Because audiences are stupid.

    link to this | view in thread ]

  35. icon
    ChurchHatesTucker (profile), 13 Mar 2011 @ 3:36pm

    Re:

    That's counterfeiting, not copyright infringement (which is what piracy usually refers to outside of the high seas.)

    link to this | view in thread ]

  36. icon
    Ron Rezendes (profile), 14 Mar 2011 @ 8:48am

    Re: Re: Re: Irony

    "If they won't do it voluntarily, it is the job of the government to make them."

    Citation requested.

    Please show me where in the US Constitution or anywhere else where it is clearly spelled out that the job of the US gov't is to make anybody do anything related to internet based services.

    link to this | view in thread ]


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