But if you publish that your policy is X while your actual policy is Y, then a rejection that claims to be X while actually being Y is potentially libel, particularly if it becomes public knowledge.
Let's pull it under the "performances" part of copyright law.
According to copyright law, the performer is the author and owner of a performance, absent explicit written and individually-signed agreement to the contrary.
I am the author of my life, including that derivative work which is the sequence of my location-information. Verizon et al. are engaged in selling a work I own for commercial gain, hence should be prosecuted to the extent of the law, both criminal and civil.
Note that if I sue for copyright infringement, the Copyright Act allows the plaintiff ex parte seizure of evidence of that infringement, which (as the Scientology cases show) includes the seizure of all relevant computers. How well would any of these organizations survive that?
The way to deal with the data-collection issue is to broaden the use of "performance" under copyright law. Performance art belongs to the performing artist, absent explicit written contracts to the contrary (copyright-law "work for hire" is much more narrow than patent-law "work for hire").
My life is my performance, and any recording thereof belongs (or should belong) to the performer, me.
Anyone recording (portions (including web-history) of) my life and distributing it is committing copyright violation, and should be subject to the full extent of the Copyright Act (including ex parte seizures of computers hosting the violating material, to search for the evidence of that violation).
The first such seizure of all the computers of an ad-company for copyright violation, and subsequent civil suit will certainly serve pour encourager les autres.
This from one of the deadliest terrorist organizations on the planet
The appropriate way to measure the cost of such TSA measures is to measure the cost in terms of human lifetimes wasted.
The numbers on flights, inspections, etc., are publicly available, on a per-year basis.
Assuming a waking lifespan of (72 years)*(52 weeks/year)*(112 waking hours per week), the numbers say that over the last fifteen years, time wasted by TSA inspections has cost from 7300 lives per year to 10,500 lives per year.
That makes TSA the most deadly terrorist organization on the planet.
If they want to do that, and if they insist that such backdoors are safe and not a threat, then they should not object at all to a combination of large statuatory penalties for misuse or leaks (say, $500K per misuse or leak), together with broad subpoena powers to allow us to investigate misuse or leaks (e.g., any refusal of subpoena for whatever reason -- including "national security" -- shall constitute spoliation: you refuse the subpoena, you lose!).
Cost-analysis of TSA's activities should include the cost of the time wasted by passengers, measured in fractions of a lifetime.
Given the publicly available information about airplane departures and the mean extra waits due to TSA, one can compute that over the last 15 years, the TSA's activities have cost between 7800 and 10300 lives per year, in accumulated wasted passenger-time: TSA is one of the deadliest terrorist organizations on the planet.
It seems quite clear that Hilary Clinton did, with premeditation, violate the Federal Records Act (44 U.S. Code § 3101), a felony which calls for three years imprisonment. There is a prima facie case that she did this to conceal violations of the Influence Act, the Freedom of Information Act, and the Official Secrets act. In the process she has committed perjury, obstruction of justice, and conspiracy to obstruct justice. She should be imprisoned for at least the next 25 years.
The copyright act is very specific ("(1) it is prepared by an employee within the scope of his employment; or (2) it is specially ordered or commissioned from an independent contractor pursuant to a written agreement...") about copyright ownership in this context, and frankly the IOC has NOT satisfied the legal requirements.
Why should this not be slander on the part of the dentist who filed this fraud, and then passed on a fraudulent order to the review-sites? It is difficult to believe that this was not a deliberate attempt to defame the original review, communicated to those review-sites...
In the original decision that established the copyright doctrine of Fair Use, the US Supreme Court declared that Congress may not make copyright law so strict that it violates First Amendment rights.
Logically speaking, the same principle says that Congress may not make trademark law so strict that it violates First Amendment rights. And trying to enforce the contrary should put the IOC and/or USOC in for really huge penalties -- say a hundred-billion-dollar class action suit?
Just as the Supreme Court said that congress may not make any copyright law that is so stringent that it conflicts with the First Amendment (that being the origin of "fair use", about a century ago), neither the Congress nor any State may make any contract nor trademark law that similarly conflicts with the First Amendment.
And anyone who tries to enforce the contrary should be strictly liable for the violation of Constitutional Rights.
It is my considered opinion that the damages and other penalties for fraudulent claim of copyright should be at least as severe as the corresponding damages and penalties for copyright infringement.
According to the US Supreme Court (McIntyre vs Ohio State Elections Commission), the right to make anonymous speech is a fundamental right guaranteed by the First Amendment to the US Constitution.
You seem to be insisting on doing away with this right.
This is criminal copyright infringement for purposes of commercial advantage or private financial gain: see US Code Title 17 § 506: <https://www.law.cornell.edu/uscode/text/17/506>
According to <https://www.fenwick.com/FenwickDocuments/Copyright_Pirates.pdf>,
Under 17 U.S.C. § 503(a) and Rule 65(b) of the Federal Rules of Civil Procedure (see also Copyright Rules, 17 U.S.C. foll. § 501), a federal judge can issue an ex parte order without any notice at all, requiring a U.S. Marshall or County Sheriff to raid the premises of an infringer and to seize and impound all unlawful copies, as well as masters, molds, tapes, negatives and other articles by means of which such copies can be reproduced...
...and AT&T and RaGaPa would certainly be subject to having all the related computing/networking equipment seized, as well as being hit for legal fees and costs. It couldn't happen to a nicer company (except maybe ComCast :-) )
Der Spiegel: The Real Reason for Germany's Industrial Expansion?
Ironically, this article in the German journal Der Spiegel argues that Germany's experience rapid industrial expansion in the 19th century was due to an absence of copyright law:
On the post: How Regulating Platforms' Content Moderation Means Regulating Speech - Even Yours.
First Amendment caveats
FWIW
On the post: A Numerical Exploration Of How The EU's Article 13 Will Lead To Massive Censorship
Just to be fair...
IMNHO.
On the post: Wireless Carriers Hope You Won't Notice Their Location Data Scandal Makes The Facebook, Cambridge Fracas Look Like Amateur Hour
So let's apply it.
Let's pull it under the "performances" part of copyright law.
According to copyright law, the performer is the author and owner of a performance, absent explicit written and individually-signed agreement to the contrary.
I am the author of my life, including that derivative work which is the sequence of my location-information. Verizon et al. are engaged in selling a work I own for commercial gain, hence should be prosecuted to the extent of the law, both criminal and civil.
Note that if I sue for copyright infringement, the Copyright Act allows the plaintiff ex parte seizure of evidence of that infringement, which (as the Scientology cases show) includes the seizure of all relevant computers. How well would any of these organizations survive that?
On the post: Boston Globe Posts Hilarious Fact-Challenged Interview About Regulating Google, Without Any Acknowledgement Of Errors
Way to get privacy
The way to deal with the data-collection issue is to broaden the use of "performance" under copyright law. Performance art belongs to the performing artist, absent explicit written contracts to the contrary (copyright-law "work for hire" is much more narrow than patent-law "work for hire").
My life is my performance, and any recording thereof belongs (or should belong) to the performer, me.
Anyone recording (portions (including web-history) of) my life and distributing it is committing copyright violation, and should be subject to the full extent of the Copyright Act (including ex parte seizures of computers hosting the violating material, to search for the evidence of that violation).
The first such seizure of all the computers of an ad-company for copyright violation, and subsequent civil suit will certainly serve pour encourager les autres.
On the post: Once Again, Algorithms Can't Tell The Difference Between 'Bad Stuff' And 'Reporting About Bad Stuff'
Strict liability for such actions
It would only take a few million-dollar judgements against the censors to make them think twice about such practices.
FWIW
On the post: TSA To Require Separate Scanning Of Electronics 'Bigger Than Cellphone'
This from one of the deadliest terrorist organizations on the planet
The numbers on flights, inspections, etc., are publicly available, on a per-year basis.
Assuming a waking lifespan of (72 years)*(52 weeks/year)*(112 waking hours per week), the numbers say that over the last fifteen years, time wasted by TSA inspections has cost from 7300 lives per year to 10,500 lives per year.
That makes TSA the most deadly terrorist organization on the planet.
On the post: Australia's AG Says Public Will Be Cool With Encryption Backdoors Because They Use Facebook
Statuatory penalties
On the post: EFF Sues FBI Over Withheld NSL Guideline Documents
Why shouldn't...
Do we have a cooperative Congressman?
On the post: DHS, TSA To Make Boarding A Plane Even More Of A Pain In The Ass
Costs of TSA "security theater"
Given the publicly available information about airplane departures and the mean extra waits due to TSA, one can compute that over the last 15 years, the TSA's activities have cost between 7800 and 10300 lives per year, in accumulated wasted passenger-time: TSA is one of the deadliest terrorist organizations on the planet.
On the post: City Passes Ordinance Mandating CCTV Surveillance By Businesses, Including Doctors And Lawyers Offices
Required resolution?
... and would that comply with the law?
On the post: FBI Publishes Clinton Email Investigation Documents; More Bad News On Documents Mishandling, FOIA Compliance
Federal; Records Act
On the post: If You're Angry About Twitter Banning Someone 'Permanently' For Sharing Olympics GIFs, Blame Copyright Law
Re: WHEN?
They should be sued for extortion in this case.
On the post: Bogus Defamation Lawsuit With Fake Defendant Results In Negative Reviews Of Dentist Being Taken Down
Slander?
On the post: How The Olympics Bullshit Ban On Tweeting About The Olympics Is Harming Olympic Athletes
Judicial precedent
Logically speaking, the same principle says that Congress may not make trademark law so strict that it violates First Amendment rights. And trying to enforce the contrary should put the IOC and/or USOC in for really huge penalties -- say a hundred-billion-dollar class action suit?
On the post: Dear US Olympic Committee: Tweeting About The Olympics Is Never Trademark Infringement
First Amendment concerns.
And anyone who tries to enforce the contrary should be strictly liable for the violation of Constitutional Rights.
On the post: Can Lawyers 'Overcome' The Bogus Copyright On 'We Shall Overcome' And Free It To The Public Domain?
fraudulent copyright claims.
FWIW.
On the post: More People Recognizing Copyright's 'Free Speech Problem'
Re: Re: But... But...
Vivaldi died in 1741
On the post: The Increasing Attacks On The Most Important Law On The Internet
Tracking information vs. the Constitution
You seem to be insisting on doing away with this right.
On the post: AT&T Injecting Ads Into Its Wi-Fi Hotspot Data Streams
Criminal infrimgement; ex parte seizure?
or private financial gain: see US Code Title 17 § 506:
<https://www.law.cornell.edu/uscode/text/17/506>
According to <https://www.fenwick.com/FenwickDocuments/Copyright_Pirates.pdf>,
...and AT&T and RaGaPa would certainly be subject to having all
the related computing/networking equipment seized, as well as
being hit for legal fees and costs. It couldn't happen to a nicer
company (except maybe ComCast :-) )
On the post: Germany Says Taking Photos Of Food Infringes The Chef's Copyright
Der Spiegel: The Real Reason for Germany's Industrial Expansion?
http://www.spiegel.de/international/zeitgeist/no-copyright-law-the-real-reason-for-germany-s-ind ustrial-expansion-a-710976.html
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