A study Goebbels would have been proud of. These questions are like asking people if they would support tougher penalties for Shop-Lifting then come out and say 80% support the death penalty for Shop-Lifting.
A study Goebbels would have been proud of. These questions are like asking people if they would support tougher penalties for Shop-Lifting then come out and say 80% support the death penalty for Shop-Lifting.
Programs are simply applying what the computer can already do. You are not inventing anything. It is like writing a song and then saying you invented that arrangement. patents are completely the wrong instrument to protect computer programs especially since most programs are written in already established algorithms.
The courts could go either way but I think where they may side is that copying news stories is different than copying creative works. News stories are fact based which cannot be copyrighted. The constitution gives us freedom of the press not for the sole economic benefit of newspapers and the media but because a free press and the free flow of information is vital for a democracy and a free people.
I am sure this will pique the interest of the Randazza Group who is looking into Righthavens funds will be looking into where Righthaven is coming up with money that should be going towards satisfying judgments.
Where is Righthaven getting the money to file these appeals? They owe $230,000 in legal fees and sanctions and are claiming poverty in not coming up with the money or posting a bond.
"Unintended consequences" are results that occur that were not anticipated before hand. The backers of SOPA and PIPA know full well what these bills will do so in reality they are INTENDED Consequences and most likely are where the bills true intentions lie.
Shutting down Napster was the worst business decision in history
The Music Industry doesn't realize it or at least denies it but shutting down Napster was a cataclysmic event on par of what would have happened to the Movie Industry had they successfully destroyed the VCR. Napster was their perfect opportunity to enter the digital age and opened up to them a new business model that would have raked in billions of dollars for the industry. It had central servers so it was easy to control and meter. It had name recognition and an automatic customer base. Had the Music industry embrace Napster the Music biz would be in the midst of their Golden Age with no end in sight.
Without the Safe Harbors provision the DMCA would have effectively killed off the Internet. There could not have been blogs, Youtube, Facebook, User Forums, or any site that allowed user generated content. Today's Internet would resemble cable TV where users could only receive information. It is exactly what the RIAA and MPAA would love to see. The problem is it is an Internet few would want and therefore the infrastructure never would have been built the way it is today.
Remember AP was considering going with Righthaven as their copyright enforcer. They also attempted an ill-advised and ill-faded attempt to have bloggers pay a fee for as few as 5 words. Newspapers have not learned the art of SEO. They think people will come just because they are the AP, or the New York Times.
Another example regarding tangible and intangible objects. If I own land I can keep people off the land by enacting fences or other security measures and no one else has access to the land. Music however cannot be kept in a physical boundary. If someone owns a Ferrari and they play their music loudly I cannot enter the Ferrari but I can hear the music playing even though I did not pay to hear the music.
Another example is a movie in a movie theater. You are not paying to see the movie but rather paying for access to inside of the theater and to occupy a particular seat for a set time. The movie itself is intangible and thus cannot be bought or sold directly.
The problem with intelectual property as apposed to real property is for there to be property one must take posession of something then have the ability to defend it. For instance I can claim a plot of land and as long as I can defend it then it is my property. One reason governments were enacted was for the protection of property such as land, ourselves, our families and our possessions.
Intellectual property cannot be possessed nor defended nor can it be taken away. For instance if I have a thought it is my possession. I can share it with others and they can for their own thoughts based on mine but they have not taken anything from me. I still possess my thought.
At least one bank account has been seized but Shawn Mangano said it was no big deal because it had less that $1000. Mangano's cavalier attitude towards the seizures is very shocking for a lawyer.
It is possible Righthaven is moving money around to hide it from the US Marshals. If that is the case they may be committing felonies.
On the post: Chick-fil-A Says 'Eat More Kale' Slogan Infringes On Its 'Eat Mor Chikin'
Own these word Chick-Fil_A, "Eat Me!".
Hershey's has a candy-bar named "Eat More". If Chick-Fil-A decides to pursue this they may be the recipients of a cease-and-desist letter themselves.
On the post: Questionable 'Consumer' Group Releases Most Misleading Report Imaginable, Falsely Claiming People Support SOPA
Goebbels would be proud
On the post: May The Dolphin Be Unflogged: Paskistani Government Censors Texting
On the post: EU Advocate General: 'Functionalities Of A Computer Program Cannot Be Protected By Copyright'
On the post: Righthaven Appeals The Idea That Using Entire Work Could Be Fair Use
On the post: Righthaven Appeals The Idea That Using Entire Work Could Be Fair Use
On the post: Righthaven Appeals The Idea That Using Entire Work Could Be Fair Use
On the post: When Even The Strongest Copyright Defenders Recognize That SOPA Goes Too Far...
Intended Consequences
On the post: Why The Supreme Court's 'Grokster' Decision Led To More, Not Less, P2P Filesharing
Shutting down Napster was the worst business decision in history
On the post: Why Does The Government Fear Free Speech?
On the post: Kellogg Settles Toucan Trademark Dispute With Mayan Archaeology Group
On the post: RIAA Thinking Of Backing Righthaven
On the post: AP Scolds Reporters For Breaking News On Twitter
On the post: Misleading Metaphors That Drive The War On Online Sharing
Re: Re: Re: Re: Re: IP Is Not Property
Another example is a movie in a movie theater. You are not paying to see the movie but rather paying for access to inside of the theater and to occupy a particular seat for a set time. The movie itself is intangible and thus cannot be bought or sold directly.
On the post: Author Puts Article Online, Insists That Due To Copyright, You Cannot Link To It
Re:
On the post: Misleading Metaphors That Drive The War On Online Sharing
IP Is Not Property
Intellectual property cannot be possessed nor defended nor can it be taken away. For instance if I have a thought it is my possession. I can share it with others and they can for their own thoughts based on mine but they have not taken anything from me. I still possess my thought.
On the post: Righthaven Loses Again, Has To Pay More Attorneys Fees... And Has Lawyer Scolded By The Court
It is possible Righthaven is moving money around to hide it from the US Marshals. If that is the case they may be committing felonies.
http://www.vegasinc.com/news/2011/nov/10/marshals-execute-against-righthaven-bank-accou nt/
On the post: US Marshal Service Told To Go After Righthaven's Assets
Re: The US Marshals are comming !
On the post: The Revolution Will Not Be Infringed Upon: Long Island Couple Files To Trademark 'Occupy Wall St.'
Re: Merchandising! Merchandising!
On the post: The Revolution Will Not Be Infringed Upon: Long Island Couple Files To Trademark 'Occupy Wall St.'
Merchandising! Merchandising!
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