"I am curious how being located in California magically allowed the side-stepping of patent law, which is federal (and Edison certainly had enough money to file federal lawsuits.)"
Multiple ways, actually. First, the federal judges in California were known to be less sympathetic on patent law. Second, because this was the time of Edison, traveling wasn't as easy as it is today, making enforcement of the patents lengthy and expensive just from a travel standpoint. Third, that last bit is important because Edison's monopoly organization on film making, the MPPC, was about to lose its patents (due to time) and its business (due to the antitrust investigations against it), and couldn't therefore go traipsing around the country to enforce it's bullshit monopoly....
"Not only are the speeds available in both the US and Romania, the underlying assumption that the files were necessarily moved back to Romania is completely bogus. Many years ago, when I was younger and stupider and words like Warez were popular, I used to regularly move stuff I wanted to download from a popular location to a private dump. The private dump would be a compromised server, often at a university or similar, with a fat pipe. It would take me a few seconds to move the stuff, at speeds far higher than my little ISP was capable of providing. But once I put them on my private dump, I could download them to home at my leisure, even if the public location got taken down. If you'd looked at the logs of the source server, you'd have seen me moving stuff at multimegabyte speed while I was connected to the Internet over a 14.4k modem."
Or, gee, maybe the hackers would have transferred the files to any of the multiple Russia properties they had in the country before Obama closed them under sanctions as a response to this very same hack....
They're alive....for now. But the power conferences in college football are exploding in revenue of their own, and you'll notice that the power conferences have also negotiated their own TV deals. TV money was the main driver for the NCAA to exist, with its bargaining power looming due to the bowl and tournament structures. The amount of money individual conferences are making off of TV deals they control is eroding that power. It's only tradition and the public's love for the homogeneous tourney structures that are keeping the NCAA afloat at this point.
In other words, the moment one or more power conferences decides to put on their OWN tournaments and playoffs, or even band together to do so, the NCAA is dunzo....
Re: Re: Re: OMG! Some over-ambitious Linux weenie wrote a lousy script! Do away with all DMCA takedowns and all copyright!
Just to be clear, I'm still happy to call you an ignorant motherfucker. Wouldn't want everyone to think your misunderstanding what a quotation of a famous person is to mean that I was going soft on you....
Re: ?????? Define "troll" so is positive. -- Next, it's okay for a large corporation to let it be known that wishes someone be exposed? -- Third, how did Arby's get a publicity release?
1. Trolls can range from benign (as I called out in the post) to abusive. I thought that was obvious. Wait, it IS obvious, if you're not suffering from brain injury.
2. The corporation never "let it be known" they wanted him exposed. That appears nowhere in my post or the source article. Again, brain injury seems like the likely culprit here.
3. A publicity release FOR WHAT? Malone himself publicized the exchange publicly. Is your brain injury progressive?
4. We talk about how smart companies engage on the internet just all the time, so I'm not sure why you think this is either fluff or outside the bounds of our normal conversation.
5. You really need to get that brain injury checked out and treated. You've had it for, like, a REALLY long time. Maybe since birth?
"My point is only that clearly Mike's "expert" either has it right and should have been at trial (and the experts at the trial were bad) or he's just plain wrong in some manner. Clearly the judgement went the other way, for obvious reasons."
I rather enjoy this line of thinking, which can be boiled down to:
"Obviously, since the first trial, pending appeal, was decided by a jury of lay people one way, then that way can be the only truth, the light, the alpha and the omega, so no further conversation is at all warranted."
I find your faith in the civil courts....disturbing.
"Quick, call Robin Thicke, he got the wrong expert! He needs to appeal."
HAHAHAHAHHAHAHAHAAHAHAHAHHAAHHAHAAHAHHAHAHAHAHAHAHAHAHAHAHHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA AHHAAHHA.....he did appeal, fool. Ruling is due any day now.
"Good grief. In the world "According to Techdirt", there should be absolutely no copyright, where everyone can steal an idea from what someone else has created."
Well, in the world "According to Techdirt" and the god damend law, there's the idea/expression dichotomy, which makes your sentence above proof that you're a complete moron on matters of copyright. Thanks for putting that out there for us, dummy!
Re: Re: Re: @ "Dark Helmet": SHEESH! The video was one simple little bit of HUMOR!
"And you and CNN are getting bent out of shape over it? SHEESH.
How many times have YOU written to not be thin-skinned? You clearly have such strong anti-Trump bias that you abandon that routine advice. Why?"
You're misunderstanding me. I actually thought the video was modestly funny. I certainly don't think it was a call for violence against anyone at all.
If you simply read what I said, I said that any American who WANTS his or her President to spend time on Twitter retweeting that stuff is an idiot. I'm not entirely clear how that's even arguable...
"What you might think of as unpresidential might be exactly what other Americans are looking for in a president."
If Americans are seriously looking for a President who would choose to spend any part of his time in office retweeting a video of him taking part in pro-fucking-wrestling, then fuck those Americans completely.
"Yet by not even acknowledging the problems CNN has with integrity, you lose some integrity yourself."
I'm so tired of this laughable line. There is no news organization out there that can't be susceptible to a holier-than-thou cretin holding out for the one true scotsman of a completely flawless news organization. CNN is not without flaw, nor are they particularly bad from a truth and facts standpoint. Their chief flaw is, as is the case with most news outlets these days, attempting to profit from creating debates out of false equivalencies. To do this, they get laughably partisan puppets to bicker with each other in a race to see who can fit the most talking points into each segment. They are neither the only nor the most egregious perpetrator of this nonsense....
Re: Great article as usual, Mr Geigner. I just wonder why don't have your own site.
"Just look at number of comments on your articles and compare to others. You're driving the site of late, don't need more exposure. Why not strike out on your own? Before -- you know what happens to Techdirt?"
While I'll happily and likely incorrectly take your complimentary words at face value, it's worth noting a couple of things.
1. Comments do not equal traffic and never have. In fact, the inverse can sometimes be true.
2. Even if I ever did "strike out on my own" as you put it, Techdirt is my first non-fiction writing home, the first place I became part of an internet community, and by far the biggest influence on my philosophy on matters of digital economics and intellectual property. Even if I ever wrote elsewhere, I would continue to write here as long as Mike and the Techdirt team would have me.
3. Your kind words aside, I am most certainly not driving the site in any way. Hell, I'm not even the most talented writer named "Tim" at this site, as that distinction belongs to Tim Cushing, who is a brilliant word-smith and one of the funniest writers I've ever had the pleasure of reading. Beyond that, Mike drives this site still, with the community of commenters coming in as a close second, as far as I'm concerned.
Glad to see so many commenters turn out to validate the opening part of the second sentence of this post. Hyper-partisanship may well be the most annoying thing I've ever encountered....
Re: ISPs directly get more customers from availability of "free" content, and they don't care about the distant creators.
"Now look at this: suppose the piracy were not of content, but CONNECTION. Say 30 or 40 residents of an apartment building chipped in to buy one high speed connection and "shared" it... OH, DIFFERENT, THEN, EH? This corporation would be trying to get those "sharers" jailed! And probably succeed."
Funny, since they don't actually do this when people and/or businesses make their WiFi open and available for use. You do realize people and companies do this, just, ALL THE TIME, and there isn't a shred of illegality in any of it?
"And finally: if content was downloaded as alleged...."
You appear to have missed the point completely, Scooter, about which I am hardly shocked. The point is that the "evidence" they're using isn't evidence at all, as EU courts have ruled in the past. That's why they try to unmask people through the ISPs. They don't have the data needed for their threats so they go to the ISP to find someone to threaten. Threaten being the operative word, btw, since these things never go to trial. As I wrote in the post, that should tell you all you need to know.
On the post: If 'Everyone Just Wants Free Stuff' Is Responsible For Piracy, Why Can't Nintendo Keep Its Classic Consoles In Stock?
Re: Re:
On the post: EFF Pioneer Awards: Chelsea Manning, Annie Game... And Me
Congrats
On the post: The MPAA Narrative About Piracy Flips To Danger From Pirate Sites Now That It Has Lost The Moral Argument
Re: Re: Re: Let me see if I follow...
Multiple ways, actually. First, the federal judges in California were known to be less sympathetic on patent law. Second, because this was the time of Edison, traveling wasn't as easy as it is today, making enforcement of the patents lengthy and expensive just from a travel standpoint. Third, that last bit is important because Edison's monopoly organization on film making, the MPPC, was about to lose its patents (due to time) and its business (due to the antitrust investigations against it), and couldn't therefore go traipsing around the country to enforce it's bullshit monopoly....
On the post: Stories Claiming DNC Hack Was 'Inside Job' Rely Heavily On A Stupid Conversion Error No 'Forensic Expert' Would Make
Re: Which speeds
Or, gee, maybe the hackers would have transferred the files to any of the multiple Russia properties they had in the country before Obama closed them under sanctions as a response to this very same hack....
On the post: NCAA Strips UCF Kicker Of Eligibility After He Refuses To Stop Being An Athlete That Posts YouTube Videos
Re: can you please explain.
In other words, the moment one or more power conferences decides to put on their OWN tournaments and playoffs, or even band together to do so, the NCAA is dunzo....
On the post: Someone Impersonating An Adult Chat Site Sends DMCA Takedown Service Targets Tons Of Legit Sites, Including Chaturbate Itself [UPDATE]
Re: Re: Re: OMG! Some over-ambitious Linux weenie wrote a lousy script! Do away with all DMCA takedowns and all copyright!
On the post: Cigar City Brewing Sues Cigar City Salsa Over Trademark Despite Being In Different Marketplaces
Re: "Why was this ever filed?" ... Hmm. Maybe it's the "Cigar City" text. I can't help thinking that's kinda sorta like close.
On the post: How Arby's Dealt With Their Greatest Twitter Troll By Being Awesome; Also Sandwiches And Puppies
Re: ?????? Define "troll" so is positive. -- Next, it's okay for a large corporation to let it be known that wishes someone be exposed? -- Third, how did Arby's get a publicity release?
2. The corporation never "let it be known" they wanted him exposed. That appears nowhere in my post or the source article. Again, brain injury seems like the likely culprit here.
3. A publicity release FOR WHAT? Malone himself publicized the exchange publicly. Is your brain injury progressive?
4. We talk about how smart companies engage on the internet just all the time, so I'm not sure why you think this is either fluff or outside the bounds of our normal conversation.
5. You really need to get that brain injury checked out and treated. You've had it for, like, a REALLY long time. Maybe since birth?
On the post: Olive Garden Asks Olive Garden Reviewer Not To Refer To Olive Garden Due To Trademarks
Re:
Here's some information on fair use in trademark law....
https://en.wikipedia.org/wiki/Fair_use_(U.S._trademark_law)
On the post: Copyright Madness: Blurred Lines Mess Means Artists Now Afraid To Name Their Inspirations
Re: Re: Re: Re: Re: Re: Re:
I rather enjoy this line of thinking, which can be boiled down to:
"Obviously, since the first trial, pending appeal, was decided by a jury of lay people one way, then that way can be the only truth, the light, the alpha and the omega, so no further conversation is at all warranted."
I find your faith in the civil courts....disturbing.
On the post: Copyright Madness: Blurred Lines Mess Means Artists Now Afraid To Name Their Inspirations
Re: Re: Re: Re: Re:
HAHAHAHAHHAHAHAHAAHAHAHAHHAAHHAHAAHAHHAHAHAHAHAHAHAHAHAHAHHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA AHHAAHHA.....he did appeal, fool. Ruling is due any day now.
On the post: Copyright Madness: Blurred Lines Mess Means Artists Now Afraid To Name Their Inspirations
Re:
Well, in the world "According to Techdirt" and the god damend law, there's the idea/expression dichotomy, which makes your sentence above proof that you're a complete moron on matters of copyright. Thanks for putting that out there for us, dummy!
On the post: Why Protecting The Free Press Requires Protecting Trump's Tweets
Re: Re: Re: @ "Dark Helmet": SHEESH! The video was one simple little bit of HUMOR!
How many times have YOU written to not be thin-skinned? You clearly have such strong anti-Trump bias that you abandon that routine advice. Why?"
You're misunderstanding me. I actually thought the video was modestly funny. I certainly don't think it was a call for violence against anyone at all.
If you simply read what I said, I said that any American who WANTS his or her President to spend time on Twitter retweeting that stuff is an idiot. I'm not entirely clear how that's even arguable...
On the post: Why Protecting The Free Press Requires Protecting Trump's Tweets
Re:
If Americans are seriously looking for a President who would choose to spend any part of his time in office retweeting a video of him taking part in pro-fucking-wrestling, then fuck those Americans completely.
"Yet by not even acknowledging the problems CNN has with integrity, you lose some integrity yourself."
I'm so tired of this laughable line. There is no news organization out there that can't be susceptible to a holier-than-thou cretin holding out for the one true scotsman of a completely flawless news organization. CNN is not without flaw, nor are they particularly bad from a truth and facts standpoint. Their chief flaw is, as is the case with most news outlets these days, attempting to profit from creating debates out of false equivalencies. To do this, they get laughably partisan puppets to bicker with each other in a race to see who can fit the most talking points into each segment. They are neither the only nor the most egregious perpetrator of this nonsense....
On the post: Game Music Composer Goes On DMCA Blitz Against Innocent YouTubers Over Contract Dispute With Game Publisher
Re: Great article as usual, Mr Geigner. I just wonder why don't have your own site.
While I'll happily and likely incorrectly take your complimentary words at face value, it's worth noting a couple of things.
1. Comments do not equal traffic and never have. In fact, the inverse can sometimes be true.
2. Even if I ever did "strike out on my own" as you put it, Techdirt is my first non-fiction writing home, the first place I became part of an internet community, and by far the biggest influence on my philosophy on matters of digital economics and intellectual property. Even if I ever wrote elsewhere, I would continue to write here as long as Mike and the Techdirt team would have me.
3. Your kind words aside, I am most certainly not driving the site in any way. Hell, I'm not even the most talented writer named "Tim" at this site, as that distinction belongs to Tim Cushing, who is a brilliant word-smith and one of the funniest writers I've ever had the pleasure of reading. Beyond that, Mike drives this site still, with the community of commenters coming in as a close second, as far as I'm concerned.
On the post: Wisconsin Speech Bill Tries To Keep Universities Neutral On Public Policy Debates, Which Is Batshit Crazypants
Thanks guys....
On the post: Pakistan Sentences First Person To Death Over Social Media Posts
Re: death sentence
On the post: Brewery Sues Competitor Over Schooner Logos And Use Of The Word 'Head'
Re: Error?
On the post: Rime's Denuvo Defeated: Developer Gets To Work On DRM Free Version As Performance Hit Details Emerge
Re:
On the post: Telenor Looks To Lead The Anti-Troll Fight In Europe
Re: ISPs directly get more customers from availability of "free" content, and they don't care about the distant creators.
Funny, since they don't actually do this when people and/or businesses make their WiFi open and available for use. You do realize people and companies do this, just, ALL THE TIME, and there isn't a shred of illegality in any of it?
"And finally: if content was downloaded as alleged...."
You appear to have missed the point completely, Scooter, about which I am hardly shocked. The point is that the "evidence" they're using isn't evidence at all, as EU courts have ruled in the past. That's why they try to unmask people through the ISPs. They don't have the data needed for their threats so they go to the ISP to find someone to threaten. Threaten being the operative word, btw, since these things never go to trial. As I wrote in the post, that should tell you all you need to know.
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