Are you new here? Today, even using words that resemble something that has a trademark is grounds for cease and desist. And that applies only if you are in an entirely different industry... If you are in a similar industry and using something that sort of resembles another trademark, you probably ought to hide your family.
Just how long should a student have to spend studying copyright law before s/he is permitted to engage in any creative endeavors?
Is it any wonder more and more kids take a "why bother" attitude towards art, music and anything else creative?
I saw this interesting disclaimer someone put on the Reddit boards. Though I doubt it would do anything to stop a DMCA take-down notice, it does go to show just what level of legal knowledge we seem to be asking of young creators in this brave new world of copyright economy:
(from a reddit comment)
"This was created for non-profit educational purposes. This work has no commercial nature. This work draws on the following copyrighted works (artwork/characters/music): ----------. This work does not draw on the following copyrighted works (source code of the inspiring work, copyrightable elements of the inspiring work not used): ----------. The inspiring work is published by ---------- and can be purchased at: ----------.
I, (student) ----------, declare that I believe that my use of the works cited above constitutes Fair Use under 17 U.S.C. ยง 107 due to the use of an insubtantial portion of the inspiring work and the negligible effect of this work on the potential market for the inspiring work. If you are the copyright holder and wish this work to be taken down, please contact me at [email]."
How many kids would want to bother doing the prior art research whenever a new inspiration strikes? Does the brain even remember what influences it is using when inspiration happens?
You are aware that our being behind on the technology curve isn't exactly new aren't you?
Maybe you can help explain something semi-related ... why did it take forever to get even metropolitan 3G networks in the U.S.? We did not get it until it was already obsolete in Japan and the EU.
The disparities and the causes just "may" be related.
A decent printing machine could last decades with minimal maintenance. It was also easier to value as an asset on a balance sheet.
This reminds me of the 80's and esarly 90's when a couple of companies I worked for amortized the cost of systems over 7 years. Silly.
Still a little of course.
Our development costs are higher each year as we upgrade software, add functionality, add servers, deal with load
Sounds like you are trying to (wisely) "follow the eyes", which, unless you've got some issues in engineering, still doesn't approach the ongoing costs of printing a limited circulation in a single market. Much less if you consider the costs of setting up a new press in a new market, which is analogous to what you are doing.
And if you are adding capacity that means your impressions are skyrocketing.. which should be cause for celebration. As fogbuzd more adroitly points out, the marginal costs of what you're doing truly are pennies on the dollar (if that) compared to analogous growth and marginal costs in the paper world.
Are you saying I'm paying The New York Times every time I purchase something from a company that advertises with the NY Times even though I don't read the NY Times?
costs do exist. Servers, programmers, designers, complex CRM and CMS software and the rest are the modern printing presses, paper and newstands.
Very true. However the cost per copy goes down with every copy or hit. The number of copies could approach infinity without significant outlay beyond the initial costs of development.
Why are most paywalls failing? The content is derivative. Hashed together from agency copy and/or inexperienced reporters and poorly edited.
Don't forget the same or better quality product can be accessed for free elsewhere outside of a paywall.
"There is also no evidence - as yet - that the data captured by Google has caused or could cause any individual detriment."
Indeed I would argue that many people were granted the benefit of coming to the understanding that WiFi is a freaking radio station for your computers to communicate over!
Unsecured WiFi is an open channel for everyone in signal range with a wireless interface. If that bothers someone, they should secure it and stop confusing their duly elected morons.
For being such complete idiots. May our oblivious, self-righteous foray into off-grounds monitoring of students start the clock rolling back on 40 years of oppressive, dignity depriving "initiative" taken on the part of schools and parents... "for the children".
Let the kids be, for God's sake. Just let them be.
The reality is, digital distribution is new. And needs alot of work still.
While it is not exactly "new" to a lot of folks outside of Washington, I agree 100%.
I think the broadening interest and concern about copyright stems from the lumbering, one-sided efforts to deal with the digital mediums.
When a lay person looks at a digital remedy such as "Hadopi" in France, or the Digital Economy Act in the U.K., it's easy to see why a lot more people all of a sudden are interested in copyright law.
While I agree copyright needs works, we need all sides weighing in to the conversation, especially the consumer and artists, not unilateral decisions leading to stupidity such as the ACTA negotiations.
While dealing with the digital medium, interest holders and politicians need to be very cautious about the very nature of digital communications, and how it is being used increasingly as a manner of expression, connecting with family, work and for commerce.
We should also be wary of methods that might lead to tragic consequences down the road: such as unregulated user monitoring, global site blocking or other technologies that can be used to oppress, and to control people in general, not just copyright infringement.
Thanks for your input. I hope you understand why it is so important for people to watch the progress of copyright as applied to the Internet.
Good line of thinking, though it may require a bit long-term forecasting to illustrate the idea that innovation stimulates markets and market opportunities for a well placed corporation.
By releasing (or licensing for a non-prohibitive cost) an invention into the wild, the market gains the benefits of other inventor's improvement on that idea which opens up more application and market opportunities.
We've seen a couple of recent Techdirt articles which bring up the stagnation of the steam engine under Watts monopoly. While he was sitting on the idea, he missed a long window of opportunity to take his own experience with steam engines and apply the further innovation of the high pressure steam engines and become a player in the larger market of locomotion.
Such a clear illustration isn't always possible for every invention,. However the biggest problem with convincing patent dependent corporations is getting them to get their investors to look beyond the end of the month in terms of profit forecasts.
By allowing and fostering innovation you are also opening the door to competition. So many businesses these days would prefer to rest on laurels of a past success than adapt and compete in the market.
Also, the "best" patents seem to inevitably end up with a massive corporation which are better at stagnating than innovating. People these days seem to have a problem with the notion that failed business should be allowed to fail... especially when a company employs a lot of people. Of course, this isn't the right attitude, we're better off with better business.
Re: Copyright is at the heart of our successful knowledge economy.
The big thing these guys wanted was "fair Dealing/use" they have that
Could you elaborate on that? In the U.S. we see fair use fairly well castrated with the DMCA. With the take down process, the complainant needs no verified evidence of infringement to force a site's removal (at least with many ISPs).
I'm guessing the U.K.'s Digital Economy act will not be stemming spurious infringement allegations any time soon. So I'm not sure just what you mean by 'fair Dealing/use, they have that".
Re: Re: Re: Well it is in DC the most "liberal" area of the nation
There's the mating call of the mushy-middler again.
I see the problem here. Chances are you are new to the site, and are mistaking political agnosticism with some kind of veiled partisan play.
Most often I have found no love for left, right, or especially middle being espoused here, certainly not by Mike.
In other words: you probably won't find many donkey vs. elephant vs. assaphant reindeer games going on here. There are plenty of "traditional politically oriented" sites out there. If it must be left or right, pick Fox or CNN and go have a blast. But please try not do confuse universal implication and suspicion with "moderates".
I tend to agree, though I think we're still limited as to just how much past works we could realistically list. Just to discover and catalog every single copyrighted corporate brochure ever made could amount to a lifetime effort for an entire nation.
Add in all the legal complexities and abuses we've seen over and over again and I'm more of a mind that we need to completely toss the old copyright system in favor of a model more sensible for use in the modern world.
I think the Creative Commons effort is a good illustration of what copyright could be like if we re-tooled the system to work today.
Re: Reading source code is not reverse engineering
tl ; dr entirely
However I do agree the article was unclear on whether they actually stole and copied the source code, or reverse engineered it. In one sentence they said
copied SAS manuals and source code in developing its own software offering.
But later on they only cited copying of the manuals.
Copyright certainly would have been violated if they copied the original source code rather than reverse engineering it.
On the post: Kids In The Hall Admit They 'Pirate' Their Own Shows, Because They Can't Get Them Legally
Re: Re:
No... I'm crushing your head.
On the post: ASCAP Continues Propaganda Campaign With Laughably Bad Video [Updated]
Re: Well
Sounds like a DMCA take-down waiting to happen.
This video is as creative as we're allowed to get under the Bill of Copyrights.
On the post: If Andy Warhol Painted His Campbell's Soup Paintings Today, How Fast Would The Cease & Desist Arrive?
Re:
On the post: Hollywood Trying To Get A Special Anti-Party Crashing Law
Offense: Dismaying the Self-Righteous
That's exactly what California needs in its fiscal crisis: more prisoners incarcerated for victimless crimes.
On the post: NAMCO Demands Takedown Of Pacman Game Created By Kid Using MIT's Scratch Programming Language
When can i pick up a brush?
Is it any wonder more and more kids take a "why bother" attitude towards art, music and anything else creative?
I saw this interesting disclaimer someone put on the Reddit boards. Though I doubt it would do anything to stop a DMCA take-down notice, it does go to show just what level of legal knowledge we seem to be asking of young creators in this brave new world of copyright economy:
(from a reddit comment)
How many kids would want to bother doing the prior art research whenever a new inspiration strikes? Does the brain even remember what influences it is using when inspiration happens?
On the post: US 27th In Broadband Speeds? Slower Than Kyrgyzstan
Re: Re:
You are aware that our being behind on the technology curve isn't exactly new aren't you?
Maybe you can help explain something semi-related ... why did it take forever to get even metropolitan 3G networks in the U.S.? We did not get it until it was already obsolete in Japan and the EU.
The disparities and the causes just "may" be related.
On the post: Debunking The Logic In Favor Of Paywalls
Re: Re: Re: Poor assertion
This reminds me of the 80's and esarly 90's when a couple of companies I worked for amortized the cost of systems over 7 years. Silly.
Still a little of course.
Sounds like you are trying to (wisely) "follow the eyes", which, unless you've got some issues in engineering, still doesn't approach the ongoing costs of printing a limited circulation in a single market. Much less if you consider the costs of setting up a new press in a new market, which is analogous to what you are doing.
And if you are adding capacity that means your impressions are skyrocketing.. which should be cause for celebration. As fogbuzd more adroitly points out, the marginal costs of what you're doing truly are pennies on the dollar (if that) compared to analogous growth and marginal costs in the paper world.
On the post: Debunking The Logic In Favor Of Paywalls
Re: Q & A
Shocking!
Something must be done.
de-sarc
On the post: Copyright Getting In The Way Of Preserving Video Game History
Re: It's all about the culture...
On the post: Debunking The Logic In Favor Of Paywalls
Re: Poor assertion
Very true. However the cost per copy goes down with every copy or hit. The number of copies could approach infinity without significant outlay beyond the initial costs of development.
Don't forget the same or better quality product can be accessed for free elsewhere outside of a paywall.
On the post: UK Gov't Review Says Google WiFi Sniffing Didn't Sniff Anything Significant
WiFi Trolls
Indeed I would argue that many people were granted the benefit of coming to the understanding that WiFi is a freaking radio station for your computers to communicate over!
Unsecured WiFi is an open channel for everyone in signal range with a wireless interface. If that bothers someone, they should secure it and stop confusing their duly elected morons.
End rant.
On the post: Second Lawsuit Over School Webcams Involves Student Who Was Photographed 469 Times Over 2 Months
Thank you Lower Merion
Let the kids be, for God's sake. Just let them be.
On the post: Yes, People Can Comment On Content Business Models Without Having Produced Hit Content
Re: Re: Re: Re: Re: Re: Re: Re: Re:
While it is not exactly "new" to a lot of folks outside of Washington, I agree 100%.
I think the broadening interest and concern about copyright stems from the lumbering, one-sided efforts to deal with the digital mediums.
When a lay person looks at a digital remedy such as "Hadopi" in France, or the Digital Economy Act in the U.K., it's easy to see why a lot more people all of a sudden are interested in copyright law.
While I agree copyright needs works, we need all sides weighing in to the conversation, especially the consumer and artists, not unilateral decisions leading to stupidity such as the ACTA negotiations.
While dealing with the digital medium, interest holders and politicians need to be very cautious about the very nature of digital communications, and how it is being used increasingly as a manner of expression, connecting with family, work and for commerce.
We should also be wary of methods that might lead to tragic consequences down the road: such as unregulated user monitoring, global site blocking or other technologies that can be used to oppress, and to control people in general, not just copyright infringement.
Thanks for your input. I hope you understand why it is so important for people to watch the progress of copyright as applied to the Internet.
On the post: Study About IP On The Human Genome Shows That Patents Hindered Innovation
Re: Re: Question about "social benefit"
By releasing (or licensing for a non-prohibitive cost) an invention into the wild, the market gains the benefits of other inventor's improvement on that idea which opens up more application and market opportunities.
We've seen a couple of recent Techdirt articles which bring up the stagnation of the steam engine under Watts monopoly. While he was sitting on the idea, he missed a long window of opportunity to take his own experience with steam engines and apply the further innovation of the high pressure steam engines and become a player in the larger market of locomotion.
Such a clear illustration isn't always possible for every invention,. However the biggest problem with convincing patent dependent corporations is getting them to get their investors to look beyond the end of the month in terms of profit forecasts.
By allowing and fostering innovation you are also opening the door to competition. So many businesses these days would prefer to rest on laurels of a past success than adapt and compete in the market.
Also, the "best" patents seem to inevitably end up with a massive corporation which are better at stagnating than innovating. People these days seem to have a problem with the notion that failed business should be allowed to fail... especially when a company employs a lot of people. Of course, this isn't the right attitude, we're better off with better business.
On the post: ASCAP Boss Refuses To Debate Lessig; Claims That It's An Attempt To 'Silence' ASCAP
Sounds familiar...
Anyone ever had a bully call you a bully when you push back?
On the post: British Library Worries That Copyright May Be Hindering Research
Re: Copyright is at the heart of our successful knowledge economy.
Could you elaborate on that? In the U.S. we see fair use fairly well castrated with the DMCA. With the take down process, the complainant needs no verified evidence of infringement to force a site's removal (at least with many ISPs).
I'm guessing the U.K.'s Digital Economy act will not be stemming spurious infringement allegations any time soon. So I'm not sure just what you mean by 'fair Dealing/use, they have that".
On the post: Intuit Still Lobbying Hard To Stop Governments From Making It Easy To File Taxes
Re: Lobby, my ass ...
One is like paying a prostitute. For those in need of immediate "action".
One is like courting your future spouse, with the family watching and all. In the long run you might be better off... or not.
We have morals in this country, after all.
On the post: Judge Bars Reporter From Publishing Legally Obtained Factual Info, Saying She Doesn't Care If It Violates First Amendment
Re: Re: Re: Well it is in DC the most "liberal" area of the nation
I see the problem here. Chances are you are new to the site, and are mistaking political agnosticism with some kind of veiled partisan play.
Most often I have found no love for left, right, or especially middle being espoused here, certainly not by Mike.
In other words: you probably won't find many donkey vs. elephant vs. assaphant reindeer games going on here. There are plenty of "traditional politically oriented" sites out there. If it must be left or right, pick Fox or CNN and go have a blast. But please try not do confuse universal implication and suspicion with "moderates".
On the post: Copyright Questions Over Flipboard Show -- Yet Again -- How Outdated Copyright Rules May Stifle Innovative Tech
Re:
Add in all the legal complexities and abuses we've seen over and over again and I'm more of a mind that we need to completely toss the old copyright system in favor of a model more sensible for use in the modern world.
I think the Creative Commons effort is a good illustration of what copyright could be like if we re-tooled the system to work today.
On the post: Is Emulating How A Piece Of Software Functions Copyright Infringement? UK Court Doesn't Think So...
Re: Reading source code is not reverse engineering
However I do agree the article was unclear on whether they actually stole and copied the source code, or reverse engineered it. In one sentence they said
But later on they only cited copying of the manuals.
Copyright certainly would have been violated if they copied the original source code rather than reverse engineering it.
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