If MagicJack is a telco, then it's legally a common-carrier and must accept and connect to all phone numbers. If it not a telco, then it is not a common-carrier and it can do whatever the frick it wants.
I seem to remember that a federal court determined that VOIP services were not telcos and did not have to pay or collected fees fees similar to the fees collected by land line telcos. If that's still the law, MagicJack is in the right.
I love (in a twisted way) how the attorney for the Redskins responds to allegations that his team is double dipping. I.e., obtaining judgments for the failure to pay plus reselling the tickets which makes the team whole. This is what attorney Donovan said:
Donovan rejected the idea that the Redskins collected twice on the seats, saying that collecting on the judgments has been difficult. "Getting a judgment is not getting paid," he said.
I agree that the team is likely not collecting on every judgment he obtains. However, once the tickets are resold and the team is made whole, there is no longer any need to go after the judgment. At the very least he should be filing paperwork with the courts reducing the amount of the judgments to reflect the offsets. Which apparently he is not doing.
The NFL must really be in trouble. Well, at least the Redskins. To me suing your customers is nothing more than a last ditch to get as much money as you can before your ship sinks. You know, like what the music labels are doing. It is certainly not something you do to build up a customer base, that's for sure.
I've written about this problem before. The problem with companies such as Comcast or Verison is that they're essentially marketing companies. The actual installation and service of their "products" are outsourced. When a company is run by its marketing department, it no longer cares about providing a service. All it cares about is its sales numbers.
Netflix does not have that problem. It still provides a service which it also markets. So it still cares about the service it provides and the customers it serves.
Eventually Netflix's stock will start to stagnate, as happens to all companies. Then it will be forced to cut costs and outsource operations. Eventually Netflix will also become nothing more than a marketing company. Let's hope that's later rather than sooner.
"Has anyone sent the cash4gold guys the documentation from the last time someone tried to silence CR?"
My guess is that the people/attorneys behind Cash4Gold have no clue that the Consumerist is owned by Consumer Reports. They probably think it's some random blog run by an out-of-work loser.
This story has been given wide attention. Not only has it been on the Consumerist. It also made the front page of Digg. Plus it was covered by both Reuters and CBS MoneyWatch.
If Cash4Gold wanted to bury this story, it's taken an asinine approach to reach that goal.
"Are you saying that the team gets to decide when the black-out rule can be dropped/waived?"
I have no idea if the team decided on its own. Maybe the Lions had to get permission from the NFL. I'm just saying the rule was dropped last year towards the end of the season.
"you risk a sort of death spiral. Teams that don't get enough fans at the live event piss off their fans...."
That's pretty easy to fix. I'm from Detroit Lions territory. Needless to say in last year's awful season (16 straight losses, worst season ever in the NFL!) people stopped going to the stadium to seem them.
It got so bad that the team dropped the black-out rule. So even though nobody was going to see the games at the stadium, we could still sit in our homes and watch them lose.
Still, I totally agree that the entire premise of the black-out rule is asinine. To me it would be like a musical act refusing to allow their music to be played on the radio until their concert sells out. But that's essentially what the NFL are doing.
So the copyright industry wants you kicked off the net for three unsupported accusations of copyright infringement. That could be merely three songs. The songs sell for a buck on Amazon and iTunes. So for a mere three bucks the copyright industry wants you banned from the net for eternity.
Let’s imagine a different law. Let’s imagine that the banking industry gets fed up with people stealing pens out of their lobbies. These pens are expensive, a buck each. Imagine that a law is enacted stating that any person accused by a bank of stealing three pens is banned from the entire banking industry for the rest of his or her life.
Does anyone think such a law has any chance to be passed? Does anyone seriously think that such a law makes sense? Of course it would not and of course it does not. But in the crazy world of copyrights, people actually take the proposed three strikes law seriously.
"they might realize that the NDP position has been balanced and consistent from the beginning."
And that's the problem exactly. The recording industry does not want a balanced copyright law. They want a draconian and utterly one-sided copyright law.
Publishers have been threatening lyrics sites for as long as I can remember. Way back in the mid 90s. But yet they've refused to offer any alternative. If publishers really wanted to get rid of these lyrics sites, they could do it by releasing a better site. I won't me holding my breath while I wait for that to happen.
I don't feel sorry for Nintendo or any other large company hit with a patent lawsuit. Patent law is screwed up because of companies like Nintendo pushing patent law to ridiculous extremes.
Nintendo could team up with real muscle like Sony and Microsoft and push for real patent reforms. But it won't. Because paying the innovation tax is a small price to pay for keeping patent law tilted to their advantage.
"If nothing else, this will leave more school space open for American students, who can get an education, start up new businesses, and hire other Americans."
Americans are adverse to hard majors such as engineering and science. And by that I mean our schools do a very poor job preparing Americans to do well in such courses.
Unless you honestly think Americans with communication and art history majors will suddenly start the next big tech company.
On the post: Can A Phone Service Provider Block Calls To Numbers It Doesn't Like?
I seem to remember that a federal court determined that VOIP services were not telcos and did not have to pay or collected fees fees similar to the fees collected by land line telcos. If that's still the law, MagicJack is in the right.
On the post: How Not To Do Things: Redskins Suing Over 100 Fans
I agree that the team is likely not collecting on every judgment he obtains. However, once the tickets are resold and the team is made whole, there is no longer any need to go after the judgment. At the very least he should be filing paperwork with the courts reducing the amount of the judgments to reflect the offsets. Which apparently he is not doing.
On the post: How Not To Do Things: Redskins Suing Over 100 Fans
On the post: Netflix Refunds Money Without Being Asked
Netflix does not have that problem. It still provides a service which it also markets. So it still cares about the service it provides and the customers it serves.
Eventually Netflix's stock will start to stagnate, as happens to all companies. Then it will be forced to cut costs and outsource operations. Eventually Netflix will also become nothing more than a marketing company. Let's hope that's later rather than sooner.
On the post: Cash4Gold Sues Consumerist, Complaints Board Over Reports On Cash4Gold Practices
Re: Those who forget the past...
My guess is that the people/attorneys behind Cash4Gold have no clue that the Consumerist is owned by Consumer Reports. They probably think it's some random blog run by an out-of-work loser.
On the post: Cash4Gold Sues Consumerist, Complaints Board Over Reports On Cash4Gold Practices
If Cash4Gold wanted to bury this story, it's taken an asinine approach to reach that goal.
On the post: Careful What You Ask For: China's Patent System Causing Trouble
On the post: NFL Doesn't Get It: Blocking Fans Doesn't Make Them Like Teams Any More
Re: Wait, the NFL rule isn't set in stone?
I have no idea if the team decided on its own. Maybe the Lions had to get permission from the NFL. I'm just saying the rule was dropped last year towards the end of the season.
On the post: NFL Doesn't Get It: Blocking Fans Doesn't Make Them Like Teams Any More
That's pretty easy to fix. I'm from Detroit Lions territory. Needless to say in last year's awful season (16 straight losses, worst season ever in the NFL!) people stopped going to the stadium to seem them.
It got so bad that the team dropped the black-out rule. So even though nobody was going to see the games at the stadium, we could still sit in our homes and watch them lose.
Still, I totally agree that the entire premise of the black-out rule is asinine. To me it would be like a musical act refusing to allow their music to be played on the radio until their concert sells out. But that's essentially what the NFL are doing.
On the post: Peter Mandelson Defends His Sudden Conversion To Kicking People Off The Internet
So the copyright industry wants you kicked off the net for three unsupported accusations of copyright infringement. That could be merely three songs. The songs sell for a buck on Amazon and iTunes. So for a mere three bucks the copyright industry wants you banned from the net for eternity.
Let’s imagine a different law. Let’s imagine that the banking industry gets fed up with people stealing pens out of their lobbies. These pens are expensive, a buck each. Imagine that a law is enacted stating that any person accused by a bank of stealing three pens is banned from the entire banking industry for the rest of his or her life.
Does anyone think such a law has any chance to be passed? Does anyone seriously think that such a law makes sense? Of course it would not and of course it does not. But in the crazy world of copyrights, people actually take the proposed three strikes law seriously.
On the post: Recording Industry Lobbyists Says Politicians Worried About User Rights Are 'Disgusting'?
And that's the problem exactly. The recording industry does not want a balanced copyright law. They want a draconian and utterly one-sided copyright law.
On the post: US Gov't Briefing For All Employees: All Music Downloads Are Stolen, Risky
Dowling V. United States, 473 U.S. 207 (1985)
On the post: Judge In IsoHunt Case Tells MPAA It Needs To Actually Prove Infringement By US Residents
On the post: Mininova Told To Remove Infringing Material
"especially since the torrents themselves are not the "infringing" content"
So if torrents are not infringing material, exactly what material is Mininova supposed to remove?!
On the post: Reason To Buy? The $1 Million Wine Book
On the post: Music Publishers Now Suing Lyrics Sites And Their Execs
Publishers have been threatening lyrics sites for as long as I can remember. Way back in the mid 90s. But yet they've refused to offer any alternative. If publishers really wanted to get rid of these lyrics sites, they could do it by releasing a better site. I won't me holding my breath while I wait for that to happen.
On the post: Nintendo Pays Innovation Tax To Patent Holder
Nintendo could team up with real muscle like Sony and Microsoft and push for real patent reforms. But it won't. Because paying the innovation tax is a small price to pay for keeping patent law tilted to their advantage.
On the post: Recording Industry Helps Rapper/Single Mom Get A PhD, Though It Tried To Weasel Out
On the post: Fewer Foreigners Coming To US Grad Schools: This Is A Problem
Re:
Americans are adverse to hard majors such as engineering and science. And by that I mean our schools do a very poor job preparing Americans to do well in such courses.
Unless you honestly think Americans with communication and art history majors will suddenly start the next big tech company.
On the post: Fewer Foreigners Coming To US Grad Schools: This Is A Problem
Re: They wont necessarily be competing - just working for less
Wouldn't it be better to have them work here, buying stuff in our stores and paying our taxes.
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