Except he didn't. Because not only does it not sound like him, the letter was actually signed by "Ed Felton" not Ed Felten.So someone hacked their site and posted a false statement?
♫♫ Can you tell me how to get, how to get to Sesame Street? ♫♫
Well, now we know that Sesame Street isn't located in Chicago because the Cubs would have learned this a long time ago:
“One of these things is not like the others, One of these things just doesn't belong, Can you tell which thing is not like the others By the time I finish my song?”
There is a problem with the case, but it's not copyright. It's ownership. The copyright is not Newegg's; it's the lawyer's.
Before the brief is filed, does it have a market value? Absolutely: whatever Newegg is willing to pay the lawyer for it. Clients pay thousands, if not tens of thousands, of dollars for briefs that fit their specific situation. Just ask Apple. Or Samsung. Or any client of Paul Clement. That's why another party taking the brief and filing it as their own, without paying for it, is disturbing.
After the brief is filed, does it have a market value? No, because that brief never will fit another situation exactly. Fair use, so RECAP away. Use what you can in another case, throw away the rest.
So, no, Newegg doesn't license its legal briefs after they are filed. But it does pay good money to get them filed in the first place. It's no less a market than that for any other bespoke good or service. And that's something TechDirt should get behind.
But like so much said about the FCC's plan over the last seven months, that's simply not true. Karl Bode (Sep. 8, 2016)
Stories with "FCC" and "simply not true" don't bode well:
It should be noted that some net neutrality critics are running around and claiming that these new rules mean the death of the internet, and will lead to the government deciding what content and services are allowed on the internet. If true, that would be an attack on the open internet, but it's simply not true. Don't worry too much about it. That's just FUD. Mike Masnick (Mar. 4, 2015)
Who knew that "FUD" meant "free unrated data"? "Net neutrality" rules were passed, but they zero-rated their way right around that speed bump. Just plan on a "cable box rule" passing, followed by some "innovation" that costs consumers more. Remember, this is the FCC that were talking about:
Once upon a time, FCC Commissioners were engineers, thinkers and experts across a variety of fields. These days the well-lobbied agency's stable of Commissioners is populated exclusively with lawyers, politicians and revolving-door lobbyists, and as you might expect -- its primary product (no matter which party is in control) is quite often partisan bickering and broken policy. Karl Bode (Apr. 15, 2010)
Instead, it sounds like Larpenter would prefer limits to speech he doesn't like, which is a stupid and dangerous ideal to hold while in an elected office holding considerable power.
To be fair, the USOC only does what it does to "protect" NBC's "investment": "Among all those organizations, only one gets a contractually locked-in percentage of the IOC’s broadcasting deal with NBC and its lucrative 'The Olympic Partner,' or TOP, sponsorship program: the USOC." Washington Post (Jul. 30, 2016).
"We wake up someday and the ratings are down 20 percent,” the chief executive officer of NBCUniversal said at a conference. “If that happens, my prediction would be that millennials had been in a Facebook bubble or a Snapchat bubble and the Olympics have come, and they didn’t know it."
But how could that happen with thousands of companies using social media to show their support of the Olympics? Oh, wait. Never mind.
But, thanks to the Streisand Effect, here we are talking about it anyway, while simultaneously discussing the attempted coverup and questionable threats to fans and media that Sony has undertaken. So...mission accomplished?
Absolutely: "here we are talking about it anyway". Otherwise, the news cycle would have moved on from "slim PS4" to something else. Instead, it's moved on to "slim PS4 coverup?", sure to be followed by "slim PS4 coverup confirmed". Three news cycles for the price of one, so yes, mission accomplished.
On the post: Despite ESPN Whining, Nielsen Confirms Historic Subscriber Losses For Channel
Re: Re:
On the post: Despite ESPN Whining, Nielsen Confirms Historic Subscriber Losses For Channel
On the post: The FBI Seems To Be Leaking Like A Sieve Concerning Details Of Clinton Email Invesgitation
Re: Re: You Are Missing the Point About Bias
Loaded terms, all, but maybe you should boil this down into a TechDirt philosophy statement:
"We stand for public-first innovation, free speech, due process, and protection against undue surveillance."
On the post: Rights Groups, Activists Ask President To Respond To Unanswered Encryption Petition
If Only They'd Had Encryption
On the post: As The Cubs Head To The World Series, The Team Is Also Raging Against Single-Word Trademarks
♫♫ Can you tell me how to get, how to get to Sesame Street? ♫♫
“One of these things is not like the others,
One of these things just doesn't belong,
Can you tell which thing is not like the others
By the time I finish my song?”
On the post: Traffic Is Fake, Audience Numbers Are Garbage, And Nobody Knows How Many People See Anything
Re: Re: Re: Re: Re:
On the post: Traffic Is Fake, Audience Numbers Are Garbage, And Nobody Knows How Many People See Anything
Re: Re: Re: Re:
On the post: Traffic Is Fake, Audience Numbers Are Garbage, And Nobody Knows How Many People See Anything
Re: Re:
On the post: Traffic Is Fake, Audience Numbers Are Garbage, And Nobody Knows How Many People See Anything
Re: Re:
3! / 2!
On the post: Journalists Blaming Facebook For Decline Is Just As Tiresome As When They Blamed Craigslist & Google
How to Build a Million-Dollar Business
On the post: Will The Washington Post Give Back Its Pulitzer And Stand Trial With Snowden?
On the post: Brazilian Court Agrees Wikipedia Can Use Publicly-Available Personal Information For An Article
Word of the Day
On the post: Newegg Sues Over Copied Legal Filing; Judge Rules That It's Not Fair Use
(Be)spoke too soon?
Before the brief is filed, does it have a market value? Absolutely: whatever Newegg is willing to pay the lawyer for it. Clients pay thousands, if not tens of thousands, of dollars for briefs that fit their specific situation. Just ask Apple. Or Samsung. Or any client of Paul Clement. That's why another party taking the brief and filing it as their own, without paying for it, is disturbing.
After the brief is filed, does it have a market value? No, because that brief never will fit another situation exactly. Fair use, so RECAP away. Use what you can in another case, throw away the rest.
So, no, Newegg doesn't license its legal briefs after they are filed. But it does pay good money to get them filed in the first place. It's no less a market than that for any other bespoke good or service. And that's something TechDirt should get behind.
On the post: Univision Execs Have No Backbone: Pull A Bunch Of Gawker Stories Over Legal Disputes
Re: Re:
On the post: After Massive Cable Industry Lobbying And Disinformation Effort, The FCC Is Forced To Weaken Its Cable Box Reform Plan
Simply Not True. Or Is It?
Who knew that "FUD" meant "free unrated data"? "Net neutrality" rules were passed, but they zero-rated their way right around that speed bump. Just plan on a "cable box rule" passing, followed by some "innovation" that costs consumers more. Remember, this is the FCC that were talking about:Tread carefully.
On the post: Appeals Court Tosses Search Warrant Used By Louisiana Sheriff In Attempt To Silence Critical Blogger
One More Thing...
On the post: Copying Is Not Theft! A New T-Shirt From Techdirt
On the post: Comcast/NBC Tone Deafness, Not 'Millennials' To Blame For Olympics Ratings Drop
Re: Re: Points Gun at Foot, Shoots
On the post: Comcast/NBC Tone Deafness, Not 'Millennials' To Blame For Olympics Ratings Drop
Points Gun at Foot, Shoots
On the post: Sony Apparently Issuing Takedowns To Facebook For News Articles About PS4 Slim Leak
Mission Accomplished
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