>>but I am not sure how the patent office thought it was novel.
Probably in the same way the patent office thought that the fourth patent granted for how to tease a cat with a laser pointer was novel and different than the first three that it had granted. And also that teasing a cat with a flashlight (also patented) did not constitute prior art.
Representing yourself as an attorney is a quick way to get the state bar association knocking at your door, often accompanied by folks dressed in blue and carrying sidearms. Someone's days as a troll could be cut very short.
It might be hard to win a lawsuit against YouTube, but what about going after the companies that issue the notices?
The unfortunate thing is that when one of these big companies sues the courts usually let them off with an "I'm sorry" and not even a promise to take steps to make sure it doesn't happen again. Perhaps the solution is to wait until a company does it 31 times and then sue them for $675,000.
YouTube has a graduated response program for people who are accused of violations. They should also have a graduated response program on ContentID users to limit their ability to file claims if they issue too many bogus takedowns.
Apple's suit was based on Steve Jobs visceral hatred of Android rather than business logic. As the saying goes, "When you look for revenge, start by digging two graves."
I am not sure that making money up front makes someone a jerk. Back when copyright terms were 14 and 18 years this was the normal way it worked. Disney makes effective use of the "long tail" of copyright, but the vast majority of copyright works still earn most of their income at the front end.
This is indeed a serious problem. If both the MPAA and RIAA are slashing budgets, where are former members of Congress and senior Congressional staffers supposed to go after they leave Washington? This is a disaster because a staffer will no longer be able to guarantee themselves a six or seven digit retirement salary by slipping an industry-favored provision into a bill. And then there is the Executive branch, where darn near every senior aid has been doing favors right and left for the MPAA in hopes of post-White House employment. Was it all for nothing? Will this end "In our Sights" type of operations forever? Oh, the humanity!
Legally there is no right to prevent your book from being viewed digitally. Certainly it is not a "fundamental right." That is like an author saying I can't read his book while taking a bath. If it was not part of the contract when I bought the book it is not legally enforceable.
An author or publisher has a right to decide how their book is distributed, not how it is read.
Based on nothing but my observation of college students, friends, and family I think "cable cutting" is at least partly responsible. Traditional TV encourages a mindset of accepting whatever programming has been picked for you. Once you cut the cable you are the one who programs your own entertainment. One of your alternative choices is books. Kindles or Kindle apps on phones and tablets make books an easier choice.
The barriers to entering the music field started coming down years before the barriers started coming down for film. Ten years ago the RIAA had the funds to waste massive amounts on litigation and political contributions. Today they are just the poor sibling in relation to the MPAA. The MPAA could be in the same position in another ten years. That scares them.
The one way the RIAA is ahead of the MPAA in a positive way is that at least some people who work for the RIAA are recognizing that piracy is not the main thing that is killing them. A few people in the RIAA are struggling to come to grips with the new realities rather than setting up straw men. The MPAA might be able to save itself if it learned those lessons from the the few forward thinkers at the RIAA.
Reddit AMA's (Ask Me Anything) sessions provide some wonderful illustrations about good and bad ways to interact with fans. Woody Harrelson was popular on Reddit until he did an AMA. He was there to plug his upcoming movie. He didn't answer questions that his fans had. Now his name is synonymous with jerk on Reddit. People who have successful AMA's seem to be having fun.
I applaud TOR for its no-DRM stance. Now if we could only convince them to release ebook versions at the same time as the hardcover. They have not yet realized that windowing is a relic of the past and hurts them and their readers as much as DRM.
>>A programmer responsible for designing the next version of something doesn't need access to production systems. Neither does the CEO.
The CEO probably does not want access. Unfortunately there are a host of managers below the CEO who insist on full access to everything. These people make such yummy targets for social engineering:
1) They have access to all of the systems under them, so they can fulfill all of your social engineering objectives in one place.
2) If they are insecure enough to demand full access to everything, they are probably also eager to brag about their full access to everything. If they don't know something, they will find out for you, just to demonstrate that they can.
3) They don't understand the most of the stuff they have access to, so they don't know when to be suspicious.
How long before the labels run to Congress to get relief from paying artists what they are owed? I suspect it will happen right before there is an avalanche of artist lawsuits on the verge of going against them.
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On the post: Samsung/Apple Jury Foreman's Explanation For Verdict Shows He Doesn't Understand Prior Art
Re: Re: Re: facepalm...
Probably in the same way the patent office thought that the fourth patent granted for how to tease a cat with a laser pointer was novel and different than the first three that it had granted. And also that teasing a cat with a flashlight (also patented) did not constitute prior art.
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On the post: Major Labels Claim Copyright Over Public Domain Songs; YouTube Punishes Musician
Re: Re:
The unfortunate thing is that when one of these big companies sues the courts usually let them off with an "I'm sorry" and not even a promise to take steps to make sure it doesn't happen again. Perhaps the solution is to wait until a company does it 31 times and then sue them for $675,000.
YouTube has a graduated response program for people who are accused of violations. They should also have a graduated response program on ContentID users to limit their ability to file claims if they issue too many bogus takedowns.
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On the post: Award-Winning Manga Author Opens Up His Work To Be Used By 'Anyone, Anywhere, For Anything,' Royalty-Free
Re: Re: Part of the problem...
On the post: MPAA Joins RIAA In Having Budgets Slashed
On the post: Authors Guild Continues To Battle The Present; Attacks Another Legal Service As 'Infringing'
An author or publisher has a right to decide how their book is distributed, not how it is read.
On the post: Debunking The Myth That The Internet Generation Doesn't Buy Or Read Books
On the post: Making Movies 20 Years Ago vs. Today: A World Of Difference
The one way the RIAA is ahead of the MPAA in a positive way is that at least some people who work for the RIAA are recognizing that piracy is not the main thing that is killing them. A few people in the RIAA are struggling to come to grips with the new realities rather than setting up straw men. The MPAA might be able to save itself if it learned those lessons from the the few forward thinkers at the RIAA.
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Re:
On the post: Showtime Spoils Dexter Finale During Unskippable Pre-Menu Promo
On the post: Why People Pirate: The Story Of Avatar
Re: Re: Re: Market for 3D
My thought, too. Except I was thinking office instead of den. That is pretty much how I got the monitors in my office.
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Re:
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On the post: Netflix Provides 'Knock-offs' After Contract With Disney Ends
On the post: Humans: Still The Weakest Link In The Security Chain
Re: Compartmentalize
The CEO probably does not want access. Unfortunately there are a host of managers below the CEO who insist on full access to everything. These people make such yummy targets for social engineering:
1) They have access to all of the systems under them, so they can fulfill all of your social engineering objectives in one place.
2) If they are insecure enough to demand full access to everything, they are probably also eager to brag about their full access to everything. If they don't know something, they will find out for you, just to demonstrate that they can.
3) They don't understand the most of the stuff they have access to, so they don't know when to be suspicious.
On the post: Journey's Producer Sues Sony Over Unpaid Royalties For 21 Classic Songs
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