As I understand it this is not a court decision (as yet anyway) merely a bureaucrat's idea of what should be done. The original decision isn't a ood one, but isn't actually anything like as bad as originally painted, in fact if implemented correctly it would merely substitute one imbalance for another. This new ruling on the other hand is incontrovertibly bad, not only China and North Korea have terrible laws that could close the Internet, US anti-gambling laws, Islamic anti-drinking, Ugandan or Russian anti-homosexual and many more.
I would impose it via copyright law. Simply not allow enforcement of copyright unless the conditions are met.
The rule would not allow anyone to sell copyright software merely to adequately maintain software they already own. If companies wish to keep their sourcecode secret they merely have to keep maintaining it. Allowing copyright on secrets is crazy in any case, the point of copyright is to encourage the proliferation of knowledge.
For software a 14 year limit before you can fix a security threat renders the software useless. My proposal would not need any change to copyright terms and would not affect any non-functional copyright material. I do not see why anyone should be allowed to sell anything while refusing to allow its new owners to repair it if it breaks.
All software to be sold with either source code and rights to self maintain or a functioning security and service environment. As soon the company that provided the software ceases to provide adequate security and efficacy maintenance it becomes legal for anyone else who wishes to do so.
That should ensure that enforced obsolescence is fightable. As an extension the same idea could be applied to hardware ...
I don't remember the case but I'm pretty sure the English Courts (means England and Wales but not necessarily Scotland and Northern Ireland) have ruled that an EULA has no effect if there was no option to decline, and stopping the machine working would definitely count as no option. So will be interesting to see how this plays out outside the "land of the free"
It's torture if THEY do it, it's stressful when WE do Integrity? Eschew it, we'll tell you what is true. Report on all the issues, but always toe OUR line The facts are merely tissues, the truth is, OUR side's fine. You're rights protect the guilty so should be put aside Though the water's thick and silty, sit back enjoy the ride. We know who you should trust in, WE know who does no good Leave liberty a rustin', do what we say you should!
What the judgement actually says, as I understand it, is that if I search for A.N. Other, and A.N. Other has successfully convinced a court or Google that the fact that he painted his willy bright green and waved it at a crowd when he was 17, 30 years ago, is not representative of him now the newspaper report of that event will not appear.
If however I search for green willy 30 years ago, Google is perfectly free to point at the new story.
I personally think the judgement is silly and in most cases it will be counter-productive but it is nothing like as silly as various people want to make it out to be.
Of course if I am wrong about the original ruling I deserve to be pointed out as a fool, and I shan't demand the right for my foolishness to be forgotten
The British police are not immune to the temptations to up the level of force, and we have had a few unjustified shootings. Minorities are over targeted and many of the other mentioned failings show their face here. That said, a police officer who shoots anyone is automatically suspended while it is investigated and the senior members of forces do appear to be working hard to eliminate racism and sexism, both institutional and amongst individual coppers.
Since when has been a patriot mattered in such matters? Would a mass murderer be let off with a "don't do it again" if he carried a flag on veterans day? Can I rob a bank with impunity if I scream "gimme the money and God Bless America and gimme the cash!" (I'm not actually American but I hope no British head of state or government would try to excuse torture on these grounds, "hope" but not expect)
Torture is a vile crime. Those who tortured were and are vile criminals. Leaders who support vile criminals are in themselves almost as bad.
Torture is never effective and never justified. It makes victims say what they think the torturers want to hear and it makes the difference between us and them meaningless.
Oh and I totally agree about who are the real patriots!
Britannia rules the waves and those plates show waves, so not only are they infringing on the port authorities rights but should be paying large sums to the UK treasury!
While vote rigging may be considered a constitutional right on the left hand side of the pond over here we believe in secret ballots.
You are at complete liberty to tell anyone how you voted, what you may not do is attempt to prove it. This is a thoroughly good thing. Representatives of all the candidates can see the ballot boxes all the time from opening of the vote until the end of the count. But no-one is allowed to see what is on any paper until the boxes are opened, this rule is only likely to be strengthened not relaxed.
I wonder if Dow Jones and WSJ managers or lawyers ever meet. WSJ complaining at a foreign court trying to restrict their free speech in one and DJ asking for the same thing in reverse in another ...
To borrow from Martin Niemöller, A German pastor speaking of his, and his church's guilt over Naziism
First they came for the Socialists, and I did not speak out-- Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out-- Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out-- Because I was not a Jew.
Then they came for me--and there was no one left to speak for me.
As John Stuart Mill put it, much better than I ever could
Let not any one pacify his conscience by the delusion that he can do no harm if he takes no part, and forms no opinion. Bad men need nothing more to compass their ends, than that good men should look on and do nothing.
On the post: EU Thinks It Has Jurisdiction Over The Global Internet: Says Right To Be Forgotten Should Be Global
On the post: Former NSA Lawyer Says Reason Blackberry Failed Was 'Too Much Encryption' Warns Google/Apple Not To Make Same Mistake
Re: Simple question for Stewart Baker and anyone arguing against encryption.
On the post: Latest EFF DMCA Exemption Requests Include The Right to Tinker With and Maintain Unsupported Video Games
Re: Re: A simple new regulation
The rule would not allow anyone to sell copyright software merely to adequately maintain software they already own. If companies wish to keep their sourcecode secret they merely have to keep maintaining it. Allowing copyright on secrets is crazy in any case, the point of copyright is to encourage the proliferation of knowledge.
For software a 14 year limit before you can fix a security threat renders the software useless. My proposal would not need any change to copyright terms and would not affect any non-functional copyright material. I do not see why anyone should be allowed to sell anything while refusing to allow its new owners to repair it if it breaks.
On the post: Latest EFF DMCA Exemption Requests Include The Right to Tinker With and Maintain Unsupported Video Games
A simple new regulation
All software to be sold with either source code and rights to self maintain or a functioning security and service environment. As soon the company that provided the software ceases to provide adequate security and efficacy maintenance it becomes legal for anyone else who wishes to do so.
That should ensure that enforced obsolescence is fightable. As an extension the same idea could be applied to hardware ...
On the post: Broadcasters And Cable Companies Trying Harder Than Ever To Annoy Paying Customers With Ugly Public Contract Disputes
Re:
On the post: Nintendo Bricks Wii U Consoles Unless Owners Agree To New EULA
English Law
On the post: Absolutely Disgusting: Eric Holder Implies That Mobile Encryption Will Lead To Dead & Abused Kids
Re: But encryption protects children?
On the post: Brands Use Trademark To Get Toronto To Pull Clever Anti-Litter Campaign Just Because
Suggested new ad campaign
These companies were pleased to support our anti litter campaign
List in large letters of firms that did not object"
And these companies opposed it
"List of those that sent TM notices"
Send proofs to each company's PR dept saying ads start on Monday ...
On the post: Reuters Downplays CIA Torture As Merely 'Physically Stressful Interrogation Techniques'
Integrity? Eschew it, we'll tell you what is true.
Report on all the issues, but always toe OUR line
The facts are merely tissues, the truth is, OUR side's fine.
You're rights protect the guilty so should be put aside
Though the water's thick and silty, sit back enjoy the ride.
We know who you should trust in, WE know who does no good
Leave liberty a rustin', do what we say you should!
On the post: Huffington Post Doubles Down, Has MIT Professor Spread Blatant Falsehoods About Creation Of Email
The Queen (Elizabeth II of the UKas opposed to any other)
But maybe monarchs can time travel!
On the post: BBC Has 12 More Articles Shoved Down The Google Memory Hole Thanks To 'Right To Be Forgotten'
What does the judgement really say?
If however I search for green willy 30 years ago, Google is perfectly free to point at the new story.
I personally think the judgement is silly and in most cases it will be counter-productive but it is nothing like as silly as various people want to make it out to be.
Of course if I am wrong about the original ruling I deserve to be pointed out as a fool, and I shan't demand the right for my foolishness to be forgotten
On the post: The Revolutionary Document That Is The UK's 184-Year-Old Idea Of 'Policing By Consent'
The difference is clear but ...
That said, a police officer who shoots anyone is automatically suspended while it is investigated and the senior members of forces do appear to be working hard to eliminate racism and sexism, both institutional and amongst individual coppers.
On the post: President Obama Claims CIA Torture Was Okay Because People Were Scared And The CIA Is A 'Tough Job'
Re:
Torture is a vile crime. Those who tortured were and are vile criminals. Leaders who support vile criminals are in themselves almost as bad.
Torture is never effective and never justified. It makes victims say what they think the torturers want to hear and it makes the difference between us and them meaningless.
Oh and I totally agree about who are the real patriots!
On the post: NY Port Authority Claims To Own The NYC Skyline: Tells Store To Destroy Skyline-Themed Plates
Speaking as a Brit ...
Now who's gonna claim the rights to the sky ...
On the post: Amazon To Hachette And Authors: Here, Let Us Explain Basic Price Elasticity To You
Re: Re:
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
On the post: Snowden: NSA Revealed Only One Email, Shows NSA Lied Before... Also: None Of This Matters
Re: Re: Re: Re: NSA Cannot Search Email
On the post: Proud Voters Tweeting In The UK Could Receive Jail Time And A Fine
A very old and extremely good principle
You are at complete liberty to tell anyone how you voted, what you may not do is attempt to prove it. This is a thoroughly good thing. Representatives of all the candidates can see the ballot boxes all the time from opening of the vote until the end of the count. But no-one is allowed to see what is on any paper until the boxes are opened, this rule is only likely to be strengthened not relaxed.
On the post: Dow Jones Wins Default In Questionable 'Hot News' Case
Looking at two Techdirt stories ...
It's a funny old world.
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
No Government Agent has ...
First they came for the Socialists, and I did not speak out--
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out--
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out--
Because I was not a Jew.
Then they came for me--and there was no one left to speak for me.
As John Stuart Mill put it, much better than I ever could
Let not any one pacify his conscience by the delusion that he can do no harm if he takes no part, and forms no opinion. Bad men need nothing more to compass their ends, than that good men should look on and do nothing.
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