Not sure if it's actually possible to claim, but in the case stated above, where a group of girls videos themselves being mean or demeaning another student, those the offended student have a defamation case? Just wondering, since the student may endure further humiliation from others who have seen the offending video.
Dr. Schmidt! Tear Down Those Lies! [CNN interview]
Clearly, Eric Schmidt is on a media junket given how much he's being quoted these days. He was on the Parker & Spitzer CNN show and has now taken to...ah, how should I delicately put it...misleading the public ;)
Until seeing the video here, I had not seen the CAGW version. Had my first viewing been the one of the Campus Progress version, I wouldn't have known that it was a parody and just thought it was their video. Since I don't speak Chinese, I'd have no other hint to suspect that this was a take off on another video. Regardless of the politics here, to the extent that there's only a limited viewing of the video, it's easy to mistake the parody version as the original and hence I do see some grounds for infringement, at least as far as things currently stand.
The nice thing for the incumbents is that they still have big fat bank accounts and the so-called revolutionaries are often startups w/investors looking for exits. In this scenario, it just seems like it will be a matter of time before the labels start gobbling up the revolutionaries if indeed those figure out business models that make sense.
Even in a scenario where the revenues may no longer be what they used to, given the choice of death or adapting, I'm sure that some, though not all, labels will pursue a survival strategy and buy up some startups. LastFM's acquisition by CBS comes to mind in this respect. More should follow.
Let us take a moment to remember the Craigslist "Adult Services" section ;) The irony is that despite having done nothing about the problem of abuse of minors and child trafficking, they can claim they've done *something* (closed a useful defense against these societal ills).
Danielle Citron's analysis of two conflicting rulings
The following link is to perhaps one of the best analysis of conflicting rulings made by the 9th Circuit Court and the 3rd Circuit Court. Here's the link:
If the blog post is removed by the original author but Google's search engine retains the defamatory post in its archives and continues to make it accessible despite it no longer being accessible from the blog, could they be considered guilty of some sort of contributory harm?
I continue to be mystified that the idea of having one's works found more easily, more frequently, and hence made more useful, seems to be completely lost on critics like this McCrum fellow. This and a sense of entitlement that is clearly misplaced. One should ask McCrum if we should also outlaw cars and bring the horse & buggy back under a legislative effort ;)
Is it possible that because in reality place shifting your music is you making a copy of your music from your hard drive to the cloud service? Of course, there's a right to make a copy of your own music for backup purposes, but in a world of digital files, none of this makes any sense since there's no physical scarcity issues.
OK, I'm with Paddy, they're assholes :)
BTW, the much like the GOP are the ones most likely to be lax about laws and guidelines that mess oil companies, it's the Democrats that are the biggest supporters of all of these entertainment companies' ridiculous copyright schemes.
Aside from the great points you've made here Mike, to hear Congresswoman Sheila Jackson Lee tell it, you'd think that Craigslist was in it for the money. She held Michael Powell's feet to the fire with a set of questions directed at the fact that because Craigslist makes so much money from these ads, why should she believe that they wouldn't go back to allowing adult ads once the furor had subsided. It's almost as though she can't believe that Craigslist would pass up on the money. Clearly, she knows nothing of Craigslist's history and track record for not focusing on the profit motive, something she has probably never done. Heck, in nearly every oppty that company has had for a big exit or a windfall of some sort, they have always passed that up, generally in favor of goodness.
I will say this, Craigslist's attorney (Ms. Dolan?) was very good in stating some good points during the hearing when she got her opportunities. Kudos to her for standing up to the bully pulpit.
Watching these hearings reminded me of the disappointment we call elected officials ;)
You might recall that Amazon was also underestimated by analysts and commentators, well after it was public. Then, as it is now, these prophets were wrong ;) I think it's best to see how a company is performing and how they relate to their customers, rather than to listen to pundits about the likelihood of long term success. The pundits are very rarely right.
Wonder if CNN's Amber Lyon is on the case or ever thought to speak to law enforcement that uses Craigslist. Perhaps these are just inconvenient truths for her form of journalism :)
Why are you surprised by these sites and claims, afterall, the Nigerian scam money laundering email and its derivatives have been making the rounds for years and still appear to catch unwitting takers. If you look at the number of search engine queries for "mp3" or "free mp3 downloads" or "downloads mp3 music" or various versions of this, it suggests that statistically speaking, this is probably a pretty good scam in its own right ;)
As with these sorts of fictionalized accounts, so long as they draw close to any real life event people can anchor to, viewers tend to believe more of the story as being true than not. FB may be in a pickle here, but I totally agree w/the "the less said, the better" mantra as they stand to gain nothing fm contributing to the story in any way. The bigger question is whether we will see political grandstanding fm the various states' attorneys general showing that they will take action against FB for activities fictionalized in the movie ;)
Since it's open seating, they should have at least set-up a basic "take a number" reservation so as to avoid unruly crowds showing up and potential for fights or other ugly behavior as venue begins to sell out.
Sounds like checking the bet in poker only to have the other player think you have nothing and raise you, only to have you raise him/her back in a big way and for much more than has you simply called the cards :)
As the privacy debate raises the issue of how transparent people's personal lives should be and whether we should have control over them, this site of the debate clearly calls for transparency beyond the control of the individual. Wondering if transparency and loosing our privacy is the burden society now carries as a result of the abuses in public trust (fm people in government and business)?
On the post: Student's Off-Campus YouTube Bullying Of Another Student Protected Free Speech
On the post: When Your CEO Suggests Moving In Response To Privacy Questions, Time For A New CEO
Dr. Schmidt! Tear Down Those Lies! [CNN interview]
You can see the video and good analysis of two critical points Eric made on Christopher Soghoian's blog: http://paranoia.dubfire.net/2010/10/eric-schmidts-blames-eu-for-googles.html
Worth reviewing and drawing your own conclusions.
On the post: Universal Claiming Dancing Baby Video Not An Obvious Case Of Fair Use
Re: Re: Objection!
On the post: Lobbying Group Issues Takedown For Parody Political Ads By Student Group
Not sure about parody
On the post: Why The Major Labels Continually Fail To Adapt: They Can't Take The Risk
M&A saves the day
Even in a scenario where the revenues may no longer be what they used to, given the choice of death or adapting, I'm sure that some, though not all, labels will pursue a survival strategy and buy up some startups. LastFM's acquisition by CBS comes to mind in this respect. More should follow.
On the post: Attacks On 'Frivolous' Startups, Sound Like Misguided Attacks On 'Frivolous' Blogs & Social Media
On the post: Study Shows That Web Blocking Ignores Real Problems, Doesn't Solve Anything & Is Used As A Political Tool
Polticking trumps actually doing anything
On the post: Justice Department Insists It Should Be Able To Secretly Stick GPS Devices On Cars Without Warrants
Danielle Citron's analysis of two conflicting rulings
http://www.concurringopinions.com/archives/2010/09/freiwald-on-much-anticipated-cell-location-pr ivacy-decision.html
On the post: Law Student Sues Google Over Allegedly Defamatory Blog Posts
Wondering...
On the post: Literary Critic Blames Google For 'Undermining The Literary Tradition'
On the post: Why Are The Record Labels Demanding Money To Let People Stream Legally Purchased Music?
OK, I'm with Paddy, they're assholes :)
BTW, the much like the GOP are the ones most likely to be lax about laws and guidelines that mess oil companies, it's the Democrats that are the biggest supporters of all of these entertainment companies' ridiculous copyright schemes.
On the post: Sad: Why Haven't Other Internet Companies Stood Up For Craigslist Against AGs?
More grandstaning on today's deliberations
I will say this, Craigslist's attorney (Ms. Dolan?) was very good in stating some good points during the hearing when she got her opportunities. Kudos to her for standing up to the bully pulpit.
Watching these hearings reminded me of the disappointment we call elected officials ;)
On the post: Why Does Everyone Underestimate Netflix?
Netflix not the only one underestimated
On the post: Richard Blumenthal, Lead Threatener Of Craigslist, Doesn't Even Have Jurisdiction Over Prostitution
CNN???
On the post: Questionable Site Claims To Legally Offer Unlimited MP3 Downloads... Record Label Lawyers Already Springing Into Action
On the post: Why Hasn't The Authors Guild Freaked Out About iPad Ebook Text-to-Speech?
On the post: How Should Facebook Respond To The Social Network Movie?
On the post: Bob Dylan Gets Around Service Fees & Scalpers With A Simple Plan: Pay Cash At The Door
Reservations
On the post: Superman Lawyer Claims Warner Bros. Lawsuit Is A SLAPP
Nice poker play
On the post: It's Official: People In Power Act As If They Have Brain Damage
Double-edged sword of transparency
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