Josh in CharlotteNC (profile), 22 Feb 2011 @ 2:20pm
Re: Re: Re: Re:
Yup, study after study has shown that piracy isn't bad for the music business, yet the sales of recorded music have dropped like stones since the Napster era.
Cause, meet effect.
Yes, sales of recorded music have dropped. Since its not piracy, it must be something else.
Could it be that the earlier generation have finished replacing their records and tapes with CDs, and no longer need to buy it again? Yes.
Could it be that other parts of the music business, such as live concerts and merchandise are growing? Yes.
Could it be competition from other sources of entertainment such as video games and movies have been growing? Yes.
Could it be that near ubiquity from personalized music streaming like Pandora that play what customers want to hear instead of the same couple dozen songs (radio)? Yes.
And that's just 4. If I bothered to try, I could come up with more. Maybe if the recording companies didn't based their entire business model on such a tiny portion of the music business, they wouldn't be in this problem. They didn't diversify; instead they based their entire profit margin on selling plastic discs. The free market demands that they adapt or die.
Josh in CharlotteNC (profile), 22 Feb 2011 @ 11:04am
Re: Re: Re: Re:
The standard answer is yell "FIRE" in a crowded theater.
That example is endangering someone's life.
Life is one of those inalienable rights. In that case, life trumps speech.
Just because speech is not an absolute does not mean that copyright is one of the exceptions to it.
As other commenters have noted, copyright was originally much shorter. 14 years if the work was registered (with a possible 2nd 14 year term if the author was still alive). Comparing that to automatic life+70 years is absurd.
Josh in CharlotteNC (profile), 22 Feb 2011 @ 10:43am
Re: Drug Test?
But how is this social media test any different than a drug test?
There are no laws against using social media.
Its also different in the same way that a physical search for drugs at Customs is significantly different than a Customs agent wanting to copy all the data off you laptop and smartphone to peruse at their leisure.
In fact, I'd say requiring full and ongoing access to your Facebook account is actually worse. It goes against freedom of speech, freedom of association, and is pretty clearly in violation of the Fourth Amendment. The chilling effect of knowing that both the government and your boss has access to what you say to your friends and family is severe.
Josh in CharlotteNC (profile), 22 Feb 2011 @ 9:03am
Re: Re:
Your right to free speech ends when you start to infringe on the rights of others. It's basic.
Your right to free speech doesn't including infringing on the rights of others.
How hard is that to understand?
You've got that backwards.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
My right to free speech is protected in the First Amendment to the Constitution. Current copyright law is a law passed by Congress.
The Constitution trumps a law passed by Congress. IANAL, but I don't think we've had any recent Supreme Court cases where free speech over copyright have been the overriding factors, have we?
Your copyright ends when it is in opposition to my rights of free speech.
Josh in CharlotteNC (profile), 22 Feb 2011 @ 7:02am
Re: Re: They call it dirt for a reason
It should frighten everyone! Just think, people can print their own CDs! This will destroy the music industry and all artists will go broke! No more culture!
Josh in CharlotteNC (profile), 21 Feb 2011 @ 7:18am
Re:
Patents infringement should discourage patent trolls making it progressive, the first time you are found to be infringing you just need to stop doing whatever you are doing
Let me guess, you're a patent lawyer? The only thing that would encourage would be for the innocent to settle out of court for money.
Changing the way you're doing things can be just as costly as a huge patent lawsuit.
The real solution is stop granting monopolies on ideas.
Josh in CharlotteNC (profile), 18 Feb 2011 @ 8:57am
Re: Re: Promoting crime?
7.
Statistically its the most used "random" number between 1 and 10 by a large margin. Kinda like guessing^H^H^H^H^Hhacking someone's password is 'password'.
Josh in CharlotteNC (profile), 17 Feb 2011 @ 9:45am
Re:
Perhaps the people pushing this are all of a special breed of human that lacks critical thinking,
Those types aren't special, they're the norm.
So many problems could be solved in a generation if real critical thinking was taught to kids at a very young age.
But of course that won't happen. Every entrenched interest from religions, the military, political parties, and corporations depend on most people not questioning what they say and blindly accepting authority.
Josh in CharlotteNC (profile), 15 Feb 2011 @ 8:12pm
Re: Re: Re:
Josh, they can only name the person who's name is on the internet connection.
Which is why I said they should investigate. Once they've done the Doe case and know who's account it is, they need to file for discovery, and follow the process to establish whether the account holder actually performed the act or not. If the defendant wishes, they can get a lawyer or talk to the judge themselves. Once that has occurred and there is sufficient evidence then if they want to offer a settlement or go to full trial, go for it. Sounds fair to me.
Only reason it won't happen is because that is costly, and the whole point of these lawsuits is to make a quick buck extorting people.
It it sort of the same as being responsible for your own phone bill, when it's in your name, even if it is someone else in your family calling those 900 numbers for spiritual guidance.
Bad analogy. If I had a landline phone line (seriously, people still do?) I agreed to pay the bill for use of that line to the phone company and nothing more. If I've got a friend over, and they use that line to call 911 and put in a bomb threat, I expect the police to show up, but not to throw me in jail just because the line was in my name. I'd expect them to listen to the tape of the call and realize it wasn't my voice and investigate to see who's voice it was.
Josh in CharlotteNC (profile), 15 Feb 2011 @ 4:50pm
Re:
I notice though that her claim is short on information, like anyone else residing at her home, her marital status, if she shares her internet connection in any manner, etc
What does that matter? She is one of the defendants named by the plaintiff in the case, and a possibly non-existant husband or other person residing at her home are not.
Maybe if the plaintiff wanted to insure they didn't name the incorrect party in a lawsuit, they should have investigated before demanding money from someone.
Josh in CharlotteNC (profile), 15 Feb 2011 @ 3:56pm
Re:
Actually, it would appear that the reporter trying to use the clip is a bit of a freetard, taking a shortcut trying to use youtube video instead of taking a few minutes to requisition the video through CBS's internal systems.
So that brings up the question of why is an external provider much more efficient than an internal system. And why is CBS using such an inefficient system when there is a better alternative? Why is CBS wasting resources first by having their own system, and then wasting more resources in the effort to stop their content appearing on the better system?
If you owned shares of CBS's parent company, wouldn't you want to know why?
Josh in CharlotteNC (profile), 15 Feb 2011 @ 1:16pm
Re:
Here is the problem: Shakespeare lived in a different time and operated under difference circumstances. Being the smart man he was, he would likely change his methods based on the time he was living in.
So, you're saying that those who don't adapt to different circumstances and change their business models are not smart?
I can think of a few organizations (RIAA, MPAA) who haven't yet adapted to new circumstances (the Internet).
Josh in CharlotteNC (profile), 14 Feb 2011 @ 12:15pm
Re: Spying?
RTA
He went beyond gathering personal information on someone's family and into how that information could be used to intimidate:
To dramatize his firm’s intimidation tactics, Barr sent an email to Hunton & Williams attorney John Woods that contained personal details about fellow Hunton attorney Richard Wyatt, who was representing the Chamber. The email was intended to show Woods and Wyatt how “vulnerable” they are:
Even if you accept that "spying" on a business or political rival's family is perfectly fine, intimidating them certainly is not.
Josh in CharlotteNC (profile), 14 Feb 2011 @ 9:06am
Re:
For Coach, unless a seller is one of their approved sales agents, the vendor isn't selling real Coach products.
Right of first sale doctrine. If the product is genuine, Coach has no standing to dispute the sale. If I want to sell my car on Ebay, Chevrolet can't stop me by issuing a takedown notice.
There is little other way for them to tell on the surface. Perhaps Ebay needs to be a little more strict on marking "Official Licensed Seller" and "Second Hand Products"?
That sounds an awful lot like 'Youtube should automatically know which uploaded videos are authorized by Viacom' when Viacom can't even tell which are.
On the post: The Amount Of Content Created In Spite Of Copyright Is Staggering
Re: Actually
On the post: Why Are Canadian Regulators Telling Music TV Channels How Many Videos They Can Play?
Re: It's a tool for control.
No wonder CRTC want to limit internet use. CRTC loses all control when everyone has choices of what to watch/listen to.
On the post: Why Is The MPAA's Top Priority 'Fighting Piracy' Rather Than Helping The Film Industry Thrive?
Re: Re: Re: Re:
Cause, meet effect.
Yes, sales of recorded music have dropped. Since its not piracy, it must be something else.
Could it be that the earlier generation have finished replacing their records and tapes with CDs, and no longer need to buy it again? Yes.
Could it be that other parts of the music business, such as live concerts and merchandise are growing? Yes.
Could it be competition from other sources of entertainment such as video games and movies have been growing? Yes.
Could it be that near ubiquity from personalized music streaming like Pandora that play what customers want to hear instead of the same couple dozen songs (radio)? Yes.
And that's just 4. If I bothered to try, I could come up with more. Maybe if the recording companies didn't based their entire business model on such a tiny portion of the music business, they wouldn't be in this problem. They didn't diversify; instead they based their entire profit margin on selling plastic discs. The free market demands that they adapt or die.
On the post: Why Is The MPAA's Top Priority 'Fighting Piracy' Rather Than Helping The Film Industry Thrive?
Re: Re: MPAA : The Undisputed Freedom Fighters of Our Age
On the post: Sometimes 'Piracy' And Freedom Look Remarkably Similar
Re: Re: Re: Re:
That example is endangering someone's life.
Life is one of those inalienable rights. In that case, life trumps speech.
Just because speech is not an absolute does not mean that copyright is one of the exceptions to it.
As other commenters have noted, copyright was originally much shorter. 14 years if the work was registered (with a possible 2nd 14 year term if the author was still alive). Comparing that to automatic life+70 years is absurd.
On the post: Maryland Corrections Agency Demanding All Social Media Passwords Of Potential Hires
Re: Drug Test?
There are no laws against using social media.
Its also different in the same way that a physical search for drugs at Customs is significantly different than a Customs agent wanting to copy all the data off you laptop and smartphone to peruse at their leisure.
In fact, I'd say requiring full and ongoing access to your Facebook account is actually worse. It goes against freedom of speech, freedom of association, and is pretty clearly in violation of the Fourth Amendment. The chilling effect of knowing that both the government and your boss has access to what you say to your friends and family is severe.
On the post: Sometimes 'Piracy' And Freedom Look Remarkably Similar
Re: Re:
Your right to free speech doesn't including infringing on the rights of others.
How hard is that to understand?
You've got that backwards.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
My right to free speech is protected in the First Amendment to the Constitution. Current copyright law is a law passed by Congress.
The Constitution trumps a law passed by Congress. IANAL, but I don't think we've had any recent Supreme Court cases where free speech over copyright have been the overriding factors, have we?
Your copyright ends when it is in opposition to my rights of free speech.
On the post: Is This The First DMCA Notice Over 3D Printer Plans?
Re: Re: They call it dirt for a reason
/sarc
On the post: Lawsuit Claims Miller High Life Loyalty Program Infringes Patent
Re:
Let me guess, you're a patent lawyer? The only thing that would encourage would be for the innocent to settle out of court for money.
Changing the way you're doing things can be just as costly as a huge patent lawsuit.
The real solution is stop granting monopolies on ideas.
On the post: Police Chief Tells Parents To Hack Kids' Facebook Accounts
Re: Re: Promoting crime?
Statistically its the most used "random" number between 1 and 10 by a large margin. Kinda like guessing^H^H^H^H^Hhacking someone's password is 'password'.
On the post: It's Back: FBI Announcing Desire To Wiretap The Internet
Re:
Those types aren't special, they're the norm.
So many problems could be solved in a generation if real critical thinking was taught to kids at a very young age.
But of course that won't happen. Every entrenched interest from religions, the military, political parties, and corporations depend on most people not questioning what they say and blindly accepting authority.
On the post: Murdered Over Autocorrect? Or Just Because Some People Are Crazy
Re: Re: New legislation on the way...
Pretty sure that won't be a problem. No one seems to do it.
On the post: Woman Hits Back At Liberty Media; Asks For Dismissal From P2P Shakedown Saying She Never Downloaded Gay Porn
Re: Re: Re:
Which is why I said they should investigate. Once they've done the Doe case and know who's account it is, they need to file for discovery, and follow the process to establish whether the account holder actually performed the act or not. If the defendant wishes, they can get a lawyer or talk to the judge themselves. Once that has occurred and there is sufficient evidence then if they want to offer a settlement or go to full trial, go for it. Sounds fair to me.
Only reason it won't happen is because that is costly, and the whole point of these lawsuits is to make a quick buck extorting people.
It it sort of the same as being responsible for your own phone bill, when it's in your name, even if it is someone else in your family calling those 900 numbers for spiritual guidance.
Bad analogy. If I had a landline phone line (seriously, people still do?) I agreed to pay the bill for use of that line to the phone company and nothing more. If I've got a friend over, and they use that line to call 911 and put in a bomb threat, I expect the police to show up, but not to throw me in jail just because the line was in my name. I'd expect them to listen to the tape of the call and realize it wasn't my voice and investigate to see who's voice it was.
On the post: Woman Hits Back At Liberty Media; Asks For Dismissal From P2P Shakedown Saying She Never Downloaded Gay Porn
Re:
What does that matter? She is one of the defendants named by the plaintiff in the case, and a possibly non-existant husband or other person residing at her home are not.
Maybe if the plaintiff wanted to insure they didn't name the incorrect party in a lawsuit, they should have investigated before demanding money from someone.
On the post: CBS Reporter Posts YouTube Video Of Grammys... Only To Have CBS Send Takedown Notice
Re:
So that brings up the question of why is an external provider much more efficient than an internal system. And why is CBS using such an inefficient system when there is a better alternative? Why is CBS wasting resources first by having their own system, and then wasting more resources in the effort to stop their content appearing on the better system?
If you owned shares of CBS's parent company, wouldn't you want to know why?
On the post: Would Shakespeare Have Survived Today's Copyright Laws?
Re:
So, you're saying that those who don't adapt to different circumstances and change their business models are not smart?
I can think of a few organizations (RIAA, MPAA) who haven't yet adapted to new circumstances (the Internet).
On the post: Homeland Security Seizes Another 18 Domain Names, With No Adversarial Hearings Or Due Process
Re: Summation
On the post: HBGary Federal Spied On Families And Children Of US Chamber Of Commerce Opponents
Re: Spying?
He went beyond gathering personal information on someone's family and into how that information could be used to intimidate:
To dramatize his firm’s intimidation tactics, Barr sent an email to Hunton & Williams attorney John Woods that contained personal details about fellow Hunton attorney Richard Wyatt, who was representing the Chamber. The email was intended to show Woods and Wyatt how “vulnerable” they are:
Even if you accept that "spying" on a business or political rival's family is perfectly fine, intimidating them certainly is not.
On the post: Class Action Lawsuit Filed Against Coach Over Bogus Takedowns, Trademark Bullying
Re:
Right of first sale doctrine. If the product is genuine, Coach has no standing to dispute the sale. If I want to sell my car on Ebay, Chevrolet can't stop me by issuing a takedown notice.
There is little other way for them to tell on the surface. Perhaps Ebay needs to be a little more strict on marking "Official Licensed Seller" and "Second Hand Products"?
That sounds an awful lot like 'Youtube should automatically know which uploaded videos are authorized by Viacom' when Viacom can't even tell which are.
On the post: Wikileaks Wasn't The Only Operation HBGary Federal, Palantir And Berico Planned To Defraud
Re: Er...
As to the actual release of the emails about the CoC?
I'm amused that efforts to infiltrate a group supporting Wikileaks led to the release of information supporting Wikileaks reason for existing.
That's some convincing evidence that Assange is correct to some degree about the conspiracies (his term) within government and large businesses.
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