"Rather than just a specific "libel tourism" law, why do we allow US courts to enforce foreign rulings that appear to go against US law at all?"
Because it cuts both ways - if we are a "master race", above the laws of other countries, forget about any cooperation from those other nations!
Michael, you are so right! Though no one remembers, Australia (many years ago) tried paying content producers - suddenly EVERYONE was an artist of some sort; and the artistic pollution was sickening!
Artists before copyright (Shakespeare, Beethoven, etc.) did fine; and could again.
It amazes me though, that serious issues like, oh, healthcare (we are 7th out of 7 in healthcare quality, and number 1 of 7 in healthcare cost) is uninteresting, while trivia like this gets so much attention!
Once again, "the road has no middle", right?
Something new gets our attention. So, if we are doing long articles, short articles will get a "blip". Short articles, a change to a long article, another "blip".
For long term survival, BALANCE is needed! Important things need in-depth treatment (which they seldom get, you're right), while trivia, like the dentistry article, may work for a single long article, but should be concise as a general rule.
Try a series of articles on someone's teeth - watch the readership dwindle to nothing. Go for something really important, but give a quick dismissal, and you will see the same thing.
Right on, again! I am an IP attorney, and I am developing very strong evidence of the value of some IP (actually, the type the founding fathers had in mind). However, there is no reasonable purpose to software (or business method, for that matter) patents.
In fact, most IP is so badly abused today that we really need a major revamp, starting with eliminating software and business method patents.
RIGHT ON, Michael!! You are so right in your very lucid analysis of this!
When my children were very young, similar things happened, and my relatives and friends were so determined to "fix" the "wrong upbringing" I was giving my children that they even went behind my back to try to "teach" my children.
I finally told them "You are raising followers, I am raising leaders" - unfortunately it turned out that way (with all three of my kids and all five of theirs), and the relatives have never forgiven me (not that I really care).
For those too young to remember (surely no one is interested in history! Why not just repeat it?), Hitler said "if you tell a lie often enough, people will believe it" - then proved it was true.
So why do I think "the money" will contact members of Congress (which in spite of the Mercury News belongs to the wealthy in its entirety) and get them to find a way to reverse this? Is it because welfare for the wealthy (aka "no new taxes", etc.) is a fact of life in what used to be our democracy?
I am moving toward believing copyright law is so hopelessly broken it should be all eliminated - though without campaign finance reform, it won't happen - too many legislators would be unelectable without the largesse from copyright holders.
Right on, Mike! Even though I am a "patent" (IP) attorney, I agree with you completely. I think the patent system is badly broken; though it would be a good thing, if done as the founding fathers intended (in fact, that is why it is enabled in the Constitution; the founding fathers knew what had happened without it).
From a purely academic, dream-world point of view, they are obsolete, clearly - enough said.
From a real-world point of view, some things do well in California, some things do well on the East Coast, some things do well in the deep South, etc., BUT THEY AREN'T necessarily the same things!
So, if you are charged with maximizing profits, it makes sense. Desirable? Of course not! However, we are in the real world.
This is a classic case of the ivory-tower academic and the "roll up your sleeves" type.
Both sides are both right and wrong, but while I frequently disagree with Andy Grove, in this case he is far more right than wrong; for one thing, he is "speaking from the trenches", it isn't an academic pursuit for him.
I'm not sure you realize it (I personally think you are a person of integrity who wouldn't deliberately do this), but you are biasing the data.
With food and fashion, etc., we take something inherently cheap and simple. It may (probably does) take many years to have the knowledge of how to throw something fabulous together, but you throw simple items together.
If you write a book, or develop something inherently substantial, you may spend years carefully researching, etc. In the most flagrant case I know of, the author of a work did spend years - and it was stolen from him; he got nothing (except a desire not to develop anything new).
I can say "an orange may be excessively juicy, so an apple will be excessively juicy", but that doesn't make it so.
Of course, on the other side; you are right about copyright ABUSE (different thing altogether), and THAT needs to stop, even if we have to severely limit or eliminate copyright. As to the value of PROPERLY APPLIED copyright, to me that is undeniable - though I am not seeing any in today's world!
Good article, and I agree, except for one thing.
Imagine you are in politics, and want to stay there. You know (assuming you have not caught the public eye as Obama did), that you will need a LOT of money. Even if you have the money (in fact, especially if you have the money) you want to be elected on someone else's money.
In spite of all the faulty journalism about how much money you could get from individuals, the reality is you have to have big business behind you, and for them, it is not emotional. They want a positive bottom line from all this.
So, if they want "copyrights", even at the expense of our society, you give it to them (or leave politics).
"Brown strikes me as the kind of guy who, if actually given more evidence on this subject might actually come around to recognizing that, perhaps, it was he who made the wrong assumptions, rather than Eleanor, even if it might take quite some time before he realizes this."
If he had, or had simply sent her a copy as a favor, he wouldn't be getting all this publicity, would he?
For that matter, I wonder about Brown and the fact that he "just happened" to email an unknown teenager??? Unknown by whom; Brown? Doubt it.
I basically agree with Michael, though with Edison, I am unsure about his claims on Edison's abuse of patents. He did fight against Tesla and AC power, and rather viciously, but overall the statement is an overstatement.
I will say, there was an article in the JPTO some years ago (I may be able to find it) where a noted patent attorney argued that NOT using open software is essentially malpractice, because it is demonstrably harder to hack (to steal client's data).
As a patent attorney, I find I am being very helpful with the right kind of client - though I would like to see the law changed so that an idea has to be coupled to execution to make the patent valid - no more trolling.
"Which is why tech folks who care about reigning in the power of Hollywood to impose tech mandates need to show up on July 8 to prove to Boxer and Biden they exist"
I'll ignore that this "pundit" doesn't even know the difference between "reigning" and "reining", and go to the heart of the matter.
Republicans, and Carly is an EXCELLENT example, want welfare for the wealthy - don't pay for anything ("no new taxes"), let society fall apart (after all, the wealthy can move to France, or build fortresses to live in, as they do in South America).
But you can't say that and keep people voting against their own best interests, so you say stuff like "I create jobs" and other unsubstantiated propaganda.
On the post: IP Czar: Blame China! Congress: Do Something!
Blame China
foreign countries!
On the post: Senate Passes Libel Tourism Bill: Won't Recognize Ridiculous Foreign Libel Judgments
Libel laws
Because it cuts both ways - if we are a "master race", above the laws of other countries, forget about any cooperation from those other nations!
On the post: Composer Jason Robert Brown Still Standing By His Position That Kids Sharing His Music Are Immoral
Getting paid for content
Artists before copyright (Shakespeare, Beethoven, etc.) did fine; and could again.
It amazes me though, that serious issues like, oh, healthcare (we are 7th out of 7 in healthcare quality, and number 1 of 7 in healthcare cost) is uninteresting, while trivia like this gets so much attention!
On the post: Performance Rights Group Takes Down YouTube Video Of Auschwitz Survivor Dancing To 'I Will Survive' At Aushwitz
Auschwitz survivors
On the post: Turns Out People Actually Do Like Smart, Long Form Content Online
Long articles versus short bites
Something new gets our attention. So, if we are doing long articles, short articles will get a "blip". Short articles, a change to a long article, another "blip".
For long term survival, BALANCE is needed! Important things need in-depth treatment (which they seldom get, you're right), while trivia, like the dentistry article, may work for a single long article, but should be concise as a general rule.
Try a series of articles on someone's teeth - watch the readership dwindle to nothing. Go for something really important, but give a quick dismissal, and you will see the same thing.
On the post: New Zealand To Dump Software Patents Afterall (But Will Allow 'Embedded Software' Patents)
Software patents
In fact, most IP is so badly abused today that we really need a major revamp, starting with eliminating software and business method patents.
On the post: Sprint Realizing That Data Caps Turn Customers Off
Broadband caps
Thanks for highlighting this for all of us.
On the post: Financial Columnist Stands By Her Claim That Kids Giving Away Lemonade Are Destroying America
Lemonade stands and raising children
When my children were very young, similar things happened, and my relatives and friends were so determined to "fix" the "wrong upbringing" I was giving my children that they even went behind my back to try to "teach" my children.
I finally told them "You are raising followers, I am raising leaders" - unfortunately it turned out that way (with all three of my kids and all five of theirs), and the relatives have never forgiven me (not that I really care).
On the post: If Negotiators Still Don't Want To Release ACTA, It'll Still Get Leaked
Telling a lie often enough.....
On the post: First Post-Bilski Patent Appeals Ruling Rejects Software Patent
Bilski ruling and the USPTO
So why do I think "the money" will contact members of Congress (which in spite of the Mercury News belongs to the wealthy in its entirety) and get them to find a way to reverse this? Is it because welfare for the wealthy (aka "no new taxes", etc.) is a fact of life in what used to be our democracy?
Even so, this is great!
On the post: Judge Says Damages In Tenenbaum Case Were 'Unconstitutionally Excessive'
Copyright
I am moving toward believing copyright law is so hopelessly broken it should be all eliminated - though without campaign finance reform, it won't happen - too many legislators would be unelectable without the largesse from copyright holders.
On the post: NTP Keeps On Making The Case For Patent Reform As It Sues More Companies
NTP patents
On the post: Are Geographic Restrictions On Content Obsolete?
Geographic licensing
From a real-world point of view, some things do well in California, some things do well on the East Coast, some things do well in the deep South, etc., BUT THEY AREN'T necessarily the same things!
So, if you are charged with maximizing profits, it makes sense. Desirable? Of course not! However, we are in the real world.
On the post: Do We Really Want An ASCAP For News?
The aggregator problem (so-called)
On the post: Andy Grove Suggests US Protectionism For Tech Jobs
Andy Grove and protectionism
Both sides are both right and wrong, but while I frequently disagree with Andy Grove, in this case he is far more right than wrong; for one thing, he is "speaking from the trenches", it isn't an academic pursuit for him.
On the post: Lack Of Food Copyright Helps Restaurant Innovation Thrive
Copyright and the food and fashion industries
With food and fashion, etc., we take something inherently cheap and simple. It may (probably does) take many years to have the knowledge of how to throw something fabulous together, but you throw simple items together.
If you write a book, or develop something inherently substantial, you may spend years carefully researching, etc. In the most flagrant case I know of, the author of a work did spend years - and it was stolen from him; he got nothing (except a desire not to develop anything new).
I can say "an orange may be excessively juicy, so an apple will be excessively juicy", but that doesn't make it so.
Of course, on the other side; you are right about copyright ABUSE (different thing altogether), and THAT needs to stop, even if we have to severely limit or eliminate copyright. As to the value of PROPERLY APPLIED copyright, to me that is undeniable - though I am not seeing any in today's world!
On the post: Washington Post Notes Summit Entertainment's Twisted View Of IP Laws On Twilight
Copyright article (and your blogs)
Imagine you are in politics, and want to stay there. You know (assuming you have not caught the public eye as Obama did), that you will need a LOT of money. Even if you have the money (in fact, especially if you have the money) you want to be elected on someone else's money.
In spite of all the faulty journalism about how much money you could get from individuals, the reality is you have to have big business behind you, and for them, it is not emotional. They want a positive bottom line from all this.
So, if they want "copyrights", even at the expense of our society, you give it to them (or leave politics).
On the post: Teenager And Composer Argue Over File Sharing
Brown and the teenager
If he had, or had simply sent her a copy as a favor, he wouldn't be getting all this publicity, would he?
For that matter, I wonder about Brown and the fact that he "just happened" to email an unknown teenager??? Unknown by whom; Brown? Doubt it.
On the post: Patent Lawyer Insists Open Source Stifles Innovation
patents and Quinn
I will say, there was an article in the JPTO some years ago (I may be able to find it) where a noted patent attorney argued that NOT using open software is essentially malpractice, because it is demonstrably harder to hack (to steal client's data).
As a patent attorney, I find I am being very helpful with the right kind of client - though I would like to see the law changed so that an idea has to be coupled to execution to make the patent valid - no more trolling.
On the post: The Only Way To Get Joe Biden To Rethink His Position On Copyright Is To Give Him Money?
Bashing Biden
I'll ignore that this "pundit" doesn't even know the difference between "reigning" and "reining", and go to the heart of the matter.
Republicans, and Carly is an EXCELLENT example, want welfare for the wealthy - don't pay for anything ("no new taxes"), let society fall apart (after all, the wealthy can move to France, or build fortresses to live in, as they do in South America).
But you can't say that and keep people voting against their own best interests, so you say stuff like "I create jobs" and other unsubstantiated propaganda.
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