At this point, it's pretty clear what the answer is.
But the public being able to infer the truth isn't good enough for a court case. Although in this specific situation of a weak defamation case, perhaps it should be.
With a link tax, Google (and others) will need to negotiate for an explicit license. Perhaps paying a trivial amount to remain strictly legal.
A few print publications will 'break ranks' and privately make a deal. They will be the only ones featured. The others will essentially disappear online.
After a few months of massive market share loss, the hold-outs will realize their weak position. They'll rush to make similar agreements. But now they'll have lost their regular audience, and be in a poor negotiating position. The early might be able to negotiate free links, but then Google et al will figure out they can charge. Perhaps not on an explicit money-for-click basis, but it's easy to negotiate a "comprehensive" agreement that has the same effect.
The only publishers that should have been pushing for this rule are ones that already have deals in place and want to undermine their greedy direct competitors.
Is it an en banc review of the case itself, or the proposed settlement between PETA and the photographer? PETA claimed to represent the animal as a 'next friend', yet provided no benefit to the animal in the proposed settlement.
Re: 'How dare they not pay for for two seconds of my illegal art!'
It makes little difference to the analysis, but is this even city property? It may well be the property, or in the custody, of the specific contracted hauling company.
That would make the art the property of that company, and the company the proper party to bring any lawsuit.
Was the copyright registered? That's required to recover damages. The trademark might not need to be registered, but the movie company certainly isn't misusing the trademark. Was the art signed? How would the company know who to contact with a request to license the work?
This lawsuit has so many holes that it's not arguably frivolous, it's absolutely frivolous.
I'm in the IoT industry, involved in a deeply technical aspect.
Even I'm confused by some of the claims about 5G, and how it will transform everything.
Remember the change from DOCSIS 2 to DOCSIS 3.0? And how it changed everything? What about the utterly transformative experience of upgrading from 100Mbps Ethernet to 1Gbps?
Wait, are you saying that those changes barely registered? That those upgrades occasionally save a second or two? Well hold onto your hat, those time savings are about to double.
I'm open to the possibility that the objections are mostly NIMBY.
But that doesn't change the ethics of astroturfing.
Any company that doesn't see the problem with paying for astroturf support also wouldn't have a problem denying that they were the source of the funds. Their denial does seem pretty complete, but it's worth noting that PR statements are not sworn testimony.
What is the possible blow-back from fictionally writing "My attorney at Morris Yorn Entertainment Law has advised me.." in private correspondence?
Presumably they wouldn't sue at the first use, just send a warning letter. Leaving abusers such as her free to go sequentially through a directory of law firms.
But supposing a firm decided to make an example of her and spend a filing fee -- what tort would they allege?
Typically a trademark has multiple elements, all of which need to be present.
This is especially true when the trademark involve a common word, where the font and color are essential elements to be specific/descriptive enough to qualify for trademark protection.
I can register a trademark on 'The' if I have a silly enough font. But my trademark doesn't let me sue the New York Times for using the word thousands of times a day.
Presumably all but the publishers see this clearly, but how could the publishers stretch "press freedom" to mean forcing people to view specific content?
Should it be illegal to use the index in a print magazine to skip directly to a story that you want to read? Should it be legal to have a friend pull out perfume ads? What about a caregiver? What about a paid caregiver? What if I'm not actually allergic, I just don't like perfume when I'm trying to concentrate on something else?
How do you patent a 'trained' machine learning model?
It's a connected set of tables of numbers. There are better and worse structures. A model with a great "shape" can be badly trained. One with a poor "shape" might have better parameters that produce much more accurate results. Every round of training has the potential to completely change the parameters, and switch the accuracy ranking.
From the outset it was obvious to knowledgeable observers that discovery would be a dense minefield for Cohen.
As a plaintiff he had little hope of obstructing discovery. If he became a counterclaim defendant he had no hope of escaping an expensive courtroom loss.
It appears that his experience threatening and bluffing has served him poorly in this situation.
It was a heavily theatrical hearing, the opening act was an impressive display Congressional grandstanding.
But Cruz had a point, and it came through well enough to be replayed on TV news: Facebook is sloppy and lax with the ban hammer, but when it is pulled out, it is used in a heavily politically biased way.
On the post: Court Says Comey And Other DOJ Officials Must Answer BuzzFeed's Questions About The Steele Dossier
Re: Re: Re: Not unduly burdensome
But the public being able to infer the truth isn't good enough for a court case. Although in this specific situation of a weak defamation case, perhaps it should be.
On the post: DOJ Tells Ron Wyden About The Times It Has Collected Journalists' Communications; Leaves Some Facts Out
Re: Re: But why didn't you mention Obama?
"But her emails!"
On the post: Latest Denuvo Version Cracked Again By One Solo Hacker On A Personal Mission
Re: Re: Re: Re: Re: Re: Wasn't this activity already illegal?
On the post: Latest Denuvo Version Cracked Again By One Solo Hacker On A Personal Mission
Right?
On the post: EU Publishers Freak Out Now That People Are Realizing Just How Fucked Up Their Link Tax Really Is
With a link tax, Google (and others) will need to negotiate for an explicit license. Perhaps paying a trivial amount to remain strictly legal.
A few print publications will 'break ranks' and privately make a deal. They will be the only ones featured. The others will essentially disappear online.
After a few months of massive market share loss, the hold-outs will realize their weak position. They'll rush to make similar agreements. But now they'll have lost their regular audience, and be in a poor negotiating position. The early might be able to negotiate free links, but then Google et al will figure out they can charge. Perhaps not on an explicit money-for-click basis, but it's easy to negotiate a "comprehensive" agreement that has the same effect.
The only publishers that should have been pushing for this rule are ones that already have deals in place and want to undermine their greedy direct competitors.
On the post: EU Parliament Members Play Hardball On Terrible Copyright Policies, Article Highlighting Sketchy Tactics Magically Disappears
On the post: The Monkey Selfie Lawsuit Will Never, Ever Die: Appeals Court Judge Wants A Do Over
On the post: HBO Wins Stupid Copyright, Trademark Lawsuit Brought By Graffiti Artist Over 2 Seconds Of Background Scenery
Re: 'How dare they not pay for for two seconds of my illegal art!'
That would make the art the property of that company, and the company the proper party to bring any lawsuit.
Was the copyright registered? That's required to recover damages. The trademark might not need to be registered, but the movie company certainly isn't misusing the trademark. Was the art signed? How would the company know who to contact with a request to license the work?
This lawsuit has so many holes that it's not arguably frivolous, it's absolutely frivolous.
On the post: The 'Race To 5G' Is Largely Just Marketing Nonsense
Even I'm confused by some of the claims about 5G, and how it will transform everything.
Remember the change from DOCSIS 2 to DOCSIS 3.0? And how it changed everything? What about the utterly transformative experience of upgrading from 100Mbps Ethernet to 1Gbps?
Wait, are you saying that those changes barely registered? That those upgrades occasionally save a second or two? Well hold onto your hat, those time savings are about to double.
On the post: Actors Hired To Play Consumers In Bid To Thwart Renewable Energy in New Orleans
But that doesn't change the ethics of astroturfing.
Any company that doesn't see the problem with paying for astroturf support also wouldn't have a problem denying that they were the source of the funds. Their denial does seem pretty complete, but it's worth noting that PR statements are not sworn testimony.
On the post: AT&T Stumbles As It Tries To Explain Why It Paid $200K To Cohen's Shady Shell Company
Former writer for 'House of Cards' gets last laugh
On the post: Romance Novelist Secures Trademark For Word 'Cocky,' Begins Beating Other Novelists Over The Head With It
Presumably they wouldn't sue at the first use, just send a warning letter. Leaving abusers such as her free to go sequentially through a directory of law firms.
But supposing a firm decided to make an example of her and spend a filing fee -- what tort would they allege?
On the post: Romance Novelist Secures Trademark For Word 'Cocky,' Begins Beating Other Novelists Over The Head With It
Re: Re: Font trademarks
This is especially true when the trademark involve a common word, where the font and color are essential elements to be specific/descriptive enough to qualify for trademark protection.
I can register a trademark on 'The' if I have a silly enough font. But my trademark doesn't let me sue the New York Times for using the word thousands of times a day.
On the post: Germany's Supreme Court Confirms That Adblocking Is Legal, In Sixth Consecutive Defeat For Publishers
Should it be illegal to use the index in a print magazine to skip directly to a story that you want to read? Should it be legal to have a friend pull out perfume ads? What about a caregiver? What about a paid caregiver? What if I'm not actually allergic, I just don't like perfume when I'm trying to concentrate on something else?
On the post: USPTO Suggests That AI Algorithms Are Patentable, Leading To A Whole Host Of IP And Ethics Questions
It's a connected set of tables of numbers. There are better and worse structures. A model with a great "shape" can be badly trained. One with a poor "shape" might have better parameters that produce much more accurate results. Every round of training has the potential to completely change the parameters, and switch the accuracy ranking.
On the post: Michael Cohen Drops Ridiculous Lawsuit Against Buzzfeed After Buzzfeed Sought Stormy Daniels' Details
As a plaintiff he had little hope of obstructing discovery. If he became a counterclaim defendant he had no hope of escaping an expensive courtroom loss.
It appears that his experience threatening and bluffing has served him poorly in this situation.
On the post: This Week In Techdirt History: April 8th - 14th
I thought that it didn't need to be mentioned
Steele and Hansmeier both moved onto ADA extortion after their copyright extortion schemes were stopped.
It's astonishing that people will still defend their actions, long after their schemes were shown to be abusive and fraudulent.
On the post: Ted Cruz Gets Section 230 All Wrong, While Zuck Claims He's Not Familiar With It
Re: Re:
It's not "my party". However I can see the long term danger in an obvious bias in banning account.
On the post: Ted Cruz Gets Section 230 All Wrong, While Zuck Claims He's Not Familiar With It
But Cruz had a point, and it came through well enough to be replayed on TV news: Facebook is sloppy and lax with the ban hammer, but when it is pulled out, it is used in a heavily politically biased way.
On the post: CenturyLink Tries To Dodge Broadband Billing Lawsuit By Claiming It Technically Has No Subscribers
Nexus of alleged acitvity -> proper party to sue
Any arbitration agreement with the local operating company should be irrelevant.
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