The essence of property is the ability to exclude others and use (or not use) it for yourself as you see fit.
While you may have the authority to tell people not to copy the idea (story in a book, pictures, sounds in a song, images in a movie, lines of code in an application, etc), you do NOT have the ability to stop them and I think that's the point Mike is trying to make.
With physical property (i.e. a brick), you can lock it away, put guards around it, hide it or whatever else you may desire to prevent people from gaining access to your item. With "intellectual property" (i.e. a song), once it's published or distributed you can no longer physically stop everyone from making copies. Yes, the law is on your side, but that law is the government granted restriction that is being discussed. Calling the idea "property" does not truly make it a physical item that you can restrict. All it does is taint the conversation.
The scanners use millimetre-wave technology to produce outline images of bodies, with each scan lasting less than three seconds.
The millimeter wave scanners are a different technology than the x-ray backscatter. I hate both technologies and feel that they should have a very limited role at best in our airports. However, if you're going to complain, you kinda need to get the complaint right.
I'm not trying to imply it was in any way proper. I just want to make sure people understand that not every incident they hear about is a result of the latest policy changes. I believe in fairness and while it's been fun the last couple of days to slam the TSA for their new "enhanced pat down" process, this wasn't directly due to that.
While still a horrible handling of the situation, this incident took place in 2008 - well before the new "enhanced pat down" (a.k.a. Freedom Fondle) rules were put into place.
The first video I saw of this was posted by an account called "TheIntelligencer" and was originally uploaded January 22, 2009. I had to go to the Google Cache to find it:
Since the reporter mentioned the trip was "a month ago", even if the video was posted the same night it aired, that seems to imply a Christmas 2008 trip.
The one Rose and I has been taken down by the Tribune over a DMCA/copyright complaint. I did, however, find another pat down of a toddler posted just a few days ago:
Five minutes sleuthing is all it takes to find videos like this now. We teach our children that they shouldn't be touched "that way" by anyone except a doctor or their parents and only with permission. Do we now have to add "police" to that list? What's next... "People in suits that say they're federal agents"? Where do we finally draw the line and say "find a better way"?
With so many complaints of people feeling "violated", is it any wonder that my first thoughts on seeing the TSA response is that they are acting like a rapist accusing their victim? I understand it's a harsh analogy, but I almost believe it's come to a point where we need to make the harsh analogies to get people to realize how far some of our rights have been eroded.
More and more I find myself unwilling to fly unless completely unavoidable. I'd rather drive 1500 miles one way with my family of four than have to deal with the idiotic "security theater" that is the TSA these days.
That's because in typical lawyer fashion, you completely failed to provide any concrete information about what numbers you believed were fair. You indicated that you felt 1x - 3x compensation was too low in a discussion about high statuatory damages. The implication is that you agree with the high amounts. Your failure to clarify led to the misunderstanding.
Maybe next time, provide some clarity in your responses. While not my personal opinion, perhaps something like "I do believe statuatory damages need to be sufficiently high to provide a disincentive, it also stands to reason that there should be a reasonable upper limit. It also stands to reason that the amount needs to be decided on a case by case basis."
The point of calling you out in relation to the article was that deterrence was not supposed to be a primary factor for consideration. The primary factor to be considered is compensation of actual damages with statuatory rates providing an option for "in lieu" damages.
A few little tidbits I learned when I was vacationing in Costa Rica in 2009. First, they have no military and thus no way to "fight back" if necessary.
Second, Costa Rica has an illegal immigration problem with Nicaraguans coming over the border for day labor. The Costa Rican folks I talked to about it actually had quite a bit of resentment towards Nicaragua because of this. Add in a strong feeling of national pride on the part of the average Costa Rican and their anger isn't much of a surprise to me.
I'd really love to see the voice double come out ahead on this one...
"I had a major political campaign think I was Morgan Freeman. What do you want to bet I can convince your customers too? Contact my booking agent at xxx-555-1212 for more information."
In my area, the Comcast "service" is horrible. Regular outages or interruptions, constant price increases for basic cable ($65/month for a wire to house, no box, no DVR... really???) and I could never get anyone to come deal with line issues (low hanging wires for years, finally ripped down by a garbage truck).
When U-Verse was added to my neighborhood a couple years ago, I waited a couple months for them to shake out the bugs, signed up and never looked back. Now at least a dozen of my neighbors have done the same. We cover all age bracked (early 20's through late 70's), several income levels (retired, unemployed, part-time workers, full-time salaried, etc) and multiple tech skill levels. We all cancelled Comcast for the same reason - horrible service and lack of quality.
Somehow, I don't think they quite get it yet... :-)
While the figure does seem high, it's not a random number pulled out of the air. They are actually asking for all subscribers to get a free month of service - an award worth roughly $450 million. Additionally, that number could go higher because basically, they're asking for free service for as long as Fox withholds their channels.
That being said, I think a lawsuit against either side (Fox or Cablevision) is foolish and a waste.
Unless you consider that they're asking for injuctions to stop sales and if you just stop Crimzon Rose, Wal-Mart could still have millions on the market. By adding Wal-Mart to the suit, you get them to act immediately and can drop them once the product has been pulled from the shelf.
1) China/Asia takes a massive lead in filing patents
2) US companies get sued in East Texas and lose on a regular basis
3) US companies push to get the US patent system abolished or at least scaled back significantly to stem the losses
4) China/Asian countries put the *US* on their version of the 301 report for not being strong enough protectors of IP
For those that are curious, beware of the "clones" and information about Mulve. I started looking into a couple of them in a virtual environment and had those sessions quickly infected despite having up to date anti-virus (Avast). Fortunately, TrendMicro's RUBotted caught it.
Simply put - don't try anything on machines that you can't wipe clean.
I would love to see Craigslist censor itself again, but with a public campaign of...
"Craigslist is once again heeding the advice of grandstanding politicians in their efforts to garner votes. Rather than spend our hard-earned capital on lawyers fighting these baseless requests, we're instead going to let Canadian families suffer and force police to become less effective by censoring our Adult Services section. Complaints over our new policy can be addressed to your local politicians."
/truth hurts
//if only it could hurt political careers
On the post: Botched TSA Pat Down Leaves Traveler Covered In Urine
Re: And as if that wasn't enough ...
On the post: Just Calling Something Property, Doesn't Make It Property
Re: Intellectual property is property
While you may have the authority to tell people not to copy the idea (story in a book, pictures, sounds in a song, images in a movie, lines of code in an application, etc), you do NOT have the ability to stop them and I think that's the point Mike is trying to make.
With physical property (i.e. a brick), you can lock it away, put guards around it, hide it or whatever else you may desire to prevent people from gaining access to your item. With "intellectual property" (i.e. a song), once it's published or distributed you can no longer physically stop everyone from making copies. Yes, the law is on your side, but that law is the government granted restriction that is being discussed. Calling the idea "property" does not truly make it a physical item that you can restrict. All it does is taint the conversation.
On the post:
BackscatterMillimeter Wave Naked Scanners Confused By Folds In ClothingMillimeter wave, not backscatter
The scanners use millimetre-wave technology to produce outline images of bodies, with each scan lasting less than three seconds.
The millimeter wave scanners are a different technology than the x-ray backscatter. I hate both technologies and feel that they should have a very limited role at best in our airports. However, if you're going to complain, you kinda need to get the complaint right.
On the post: TSA Does Full Grope Search On Screaming Three Year Old [Update]
Re: Re: Pre enhanced pat down
Clarification was the goal and nothing else.
On the post: TSA Does Full Grope Search On Screaming Three Year Old [Update]
Pre enhanced pat down
The first video I saw of this was posted by an account called "TheIntelligencer" and was originally uploaded January 22, 2009. I had to go to the Google Cache to find it:
TSA Screener Accosts 3 Year Old Child at Security Checkpoint
Since the reporter mentioned the trip was "a month ago", even if the video was posted the same night it aired, that seems to imply a Christmas 2008 trip.
On the post: If You Don't Get Every Detail Of Your TSA Detention Exactly Right, The TSA May Publicly Shame You
Re: Re: Re: Accusing the victim...
http://www.youtube.com/watch?v=VN6pJ7nP1yA
Five minutes sleuthing is all it takes to find videos like this now. We teach our children that they shouldn't be touched "that way" by anyone except a doctor or their parents and only with permission. Do we now have to add "police" to that list? What's next... "People in suits that say they're federal agents"? Where do we finally draw the line and say "find a better way"?
On the post: If You Don't Get Every Detail Of Your TSA Detention Exactly Right, The TSA May Publicly Shame You
Accusing the victim...
More and more I find myself unwilling to fly unless completely unavoidable. I'd rather drive 1500 miles one way with my family of four than have to deal with the idiotic "security theater" that is the TSA these days.
On the post: Pilot Group Urges Pilots To Refuse Naked Backscatter Scans, And Avoid Groping Pat Downs
Re:
:-)
On the post: Why Ridiculous Statutory Rates For File Sharing Are Inappropriate
Re: Re: Re: The point... you missed it
Maybe next time, provide some clarity in your responses. While not my personal opinion, perhaps something like "I do believe statuatory damages need to be sufficiently high to provide a disincentive, it also stands to reason that there should be a reasonable upper limit. It also stands to reason that the amount needs to be decided on a case by case basis."
See... now that wasn't so hard, was it?
On the post: Why Ridiculous Statutory Rates For File Sharing Are Inappropriate
Re: The point... you missed it
On the post: Nicaragua Accidentally Invades Costa Rica, Blames Google Maps
A little more info...
Second, Costa Rica has an illegal immigration problem with Nicaraguans coming over the border for day labor. The Costa Rican folks I talked to about it actually had quite a bit of resentment towards Nicaragua because of this. Add in a strong feeling of national pride on the part of the average Costa Rican and their anger isn't much of a surprise to me.
On the post: Campaign Says It Was Duped Into Believing Morgan Freeman Would Do A Political Ad For Their Candidate
Voice double actor could be the big winner...
"I had a major political campaign think I was Morgan Freeman. What do you want to bet I can convince your customers too? Contact my booking agent at xxx-555-1212 for more information."
On the post: New Cable Talking Point Against Cord Cutters: They May Be Cutting, But They're Poor Nobodies
Cancelled Comcast because they stink...
When U-Verse was added to my neighborhood a couple years ago, I waited a couple months for them to shake out the bugs, signed up and never looked back. Now at least a dozen of my neighbors have done the same. We cover all age bracked (early 20's through late 70's), several income levels (retired, unemployed, part-time workers, full-time salaried, etc) and multiple tech skill levels. We all cancelled Comcast for the same reason - horrible service and lack of quality.
Somehow, I don't think they quite get it yet... :-)
On the post: Class Action Lawsuit Filed Against Cablevision For Depriving People Of Fox On TV
Whopping... not so much.
That being said, I think a lawsuit against either side (Fox or Cablevision) is foolish and a waste.
On the post: Elastic Wristband Maker Sues Walmart For Copyright Infringement
Re: If there was any validity to this argument...
Unless you consider that they're asking for injuctions to stop sales and if you just stop Crimzon Rose, Wal-Mart could still have millions on the market. By adding Wal-Mart to the suit, you get them to act immediately and can drop them once the product has been pulled from the shelf.
For anyone curious or blocked by the registration wall at law.com, I found a copy of the suit:
http://docs.justia.com/cases/federal/district-courts/ohio/ohndce/3:2010cv02412/169802/1/
On the post: When A Humor Site Understands The Implications Of Abundance Better Than The 'Experts'...
Re: Re: Re: Pshh...
On the post: Pilot Not Allowed Through Security After He Refuses 'Naked' Backscatter Scan
Obligatory...
http://xkcd.com/779/
On the post: Once Again, Be Careful What You Wish For: China Learning To Use Other Country's Patent Systems
Theoretical progression of fun...
2) US companies get sued in East Texas and lose on a regular basis
3) US companies push to get the US patent system abolished or at least scaled back significantly to stem the losses
4) China/Asian countries put the *US* on their version of the 301 report for not being strong enough protectors of IP
/probably die laughing if that ever did happen.
On the post: Details In Mulve Arrest Highlight How Weak The Case Is
Beware...
Simply put - don't try anything on machines that you can't wipe clean.
On the post: Canadian Politicians Jump On The 'Censor Craigslist' Bandwagon
Would love to see...
"Craigslist is once again heeding the advice of grandstanding politicians in their efforts to garner votes. Rather than spend our hard-earned capital on lawyers fighting these baseless requests, we're instead going to let Canadian families suffer and force police to become less effective by censoring our Adult Services section. Complaints over our new policy can be addressed to your local politicians."
/truth hurts
//if only it could hurt political careers
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