I say LET the government use the term "piracy" in relation to copyright infringement....
... as long as the defense team is allowed to read the definition of piracy from the United Nations Convention on the Law of the Sea and pose the question how copying a file relates to same.
I bet Mr. Angus has gotten tired of politics, but doesn't have the guts to come right out and quit. Therefore, he's going to implode his career with a series of rotten and unpopular legislative proposals so that he has no chance of winning public favor and then has an excuse to "retire"
I think this is open to interpretation though. Perhaps I'm adding words to the author's intent, but I read that line as:
"...with few exceptions that is about efficiency rather than productivity. There's a big difference: If you could only invest in one area, you can make the Post Office more efficient while email makes us more productive and wealthier.
(emphasis for my interpretation)
As Mike was trying to point out, it's the allocation and where the scarce resource of capitol would actually influence the greater amount of improvement. Yes, I totally agree that a more efficient Post Office could be more productive. Counter that with a more efficient electronic delivery system and the return on capitol invested would likely be higher.
While I normally agree and like your discussion of issues, I think you missed a few points on this one:
- Colorado is NOT requiring Amazon to collect sales tax due to an affiliate presence or "nexus". The new requirement is that Amazon must INFORM THE CUSTOMER of the tax they should be paying. I believe the intent is to have the customers pay the tax as a "use tax" with their income tax filing.
- Additionally, for online merchants making more than $100,000, Colorado can request data on annual purchases broken out by individual residents, but not individual transactions.
- Any association between Colorado associates and sales tax collection was actually REMOVED from the bill
The way I see it, Amazon is doing this as a political statement and not as a way to side-step new tax collection requirements. They will still have to code sales tax calculations for Colorado whether they have affiliates or not. They just don't have to collect said tax.... yet.
Additionally, while you feel their "no other state" comment is "disingenuous", I believe it to be true. Is there another state that requires online merchants to calculate but not collect sales tax as well as track total sales by individual per year?
The DMCA and it's anti-circumvention clause is what is hampering the archival right. You still have the right to archive your purchase, but if it's encrypted in any way to prevent said backup and you circumvent said encryption, you are in violation of the DMCA while trying to perform a fair-use archival backup.
In the end, all it does is drive more and more people to find the underground tools to safeguard their purchases. Once they figure out how, they are generally happy to instruct their friends who run into the same problem. It's an issue with exponential growth.
In the end, the abject failure by "major IP owners"* to collaborate with innovators will eventually destroy their business models. With 6+ billion people in the world, you can't stop nor even hope to control the eventual flood of innovation. The best you can do is find a way to go with the flow.
* major IP owners: i.e. MPAA, RIAA and lawsuit happy software companies
While reading this, my eyes kept being drawn to the abbreviation NPE as it relates to non-practicing entities. I thought that maybe we should change it to NoPE:
Do they create products? NoPE
Do they innovate? NoPE
Do they advance the progress of science? NoPE
Cutting down from three syllables to one makes it even better... (en pee ee => nope)
And since I'm a nice guy, I won't complain or ask for money if it catches on... :-)
As for the article itself, I think "Sawyer" missed a question. How many inventors have a truly innovative idea, but don't even try to start because of the patent thicket out there?
I'm a software developer for a large firm, but in my off-hours I like to "tinker". I've had dozens of ideas for apps (some useful, most not) that even once written, never go anywhere other than to my wife and kids because I don't have the resources to fight a lawsuit. I'd hate to have the next app I write go viral and end up with me in an East Texas courthouse.
You know, throughout all of this, I don't think the "powers that be" have considered the possible backlash. While I spend plenty of time on respectable blogs (i.e. Techdirt), I also frequent some not-so-respectable sites (i.e. Fark).
Assume a 3-strikes law IS passed both in the UK and the USA. Just how well do the PTB's think groups like Anonymous are going to take this? How long before a semi-organized hacking effort is established to make it look like all the PTB's are "illegally downloading"?
To be honest, I suspect the only reason it hasn't happened yet is because it hasn't been worth the effort. I both fear and look forward to the day it is.
At least AT&T with their UVerse service is doing their best to counter this. They've "mirrored" the 4 NBC stations to an unused channel range and put all 4 together. When I pull up the guide, I can see what's on all 4 at the same time. It's actually a pretty nice feature which allowed me to catch the game where I suspect many missed it.
Of course, the total lack of coverage of many events has prevented the Olympics from becoming a "must watch" concept for me. Accordingly, I tend to forget it's even on until very late in the evening.
... It's been so bad that I have barely watched more than 5 hours worth so far and most of that was the opening ceremony.
- Happened to catch portions of the USA vs Canada men's hockey last night, but channel hopped during the commercials.
- Recorded Shaun White's gold for later viewing but fast forwarded through the commercials.
- Recorded opening ceremonies so my kids could see it later and skipped commercials again.
- My wife who is an ice skating fan didn't even bother trying to figure out when the ice skating was on, but relied on news reports for the highlights.
With this kind of coverage, I seriously doubt their viewership numbers will be all that great. I can only hope it's bad enough that the current leadership team at NBC is tossed out on their respective rear ends!
Re: if I own a computer and lend it to somebody to use
I think the one point you've missed is that the students and their parents were never informed of the remote activation ability.
If you lend a laptop to someone and it has remote activation and do NOT inform them, I would tend to believe your rights are somewhat limited.
If, however, you DO inform them and make them sign a statement indicating they understand the possibility of remote activation is possible, you are likely in a much better position.
/not a lawyer, not to be taken as legal advice, blah, blah, blah.
Due in theaters on April 2nd, 2010. However, the ad was claiming that you could subscribe to the HDNet Movie channel and see it on March 31st. They also said it may be available On Demand.
It will be interesting to see if it's true (hard to believe entertainment companies these days), but if so, I applaud the forward thinking!
The Google offer is even more limited than people know. One of the requirements is that the city where it is to be installed must own the poles and wires where the equipment is to be installed. I got this from my own town's mayor when I wrote to him suggesting he look into it.
Yeah... sure... the market is doing just FINE in generating competition... NOT!
Yeah... I mean, it's not like WiFi runs on a common frequency used by cordless phones that were very popular for a few years. It's also highly unlikely that more of your neighbors have one or more wireless routers that could step on your connection. And there's absolutely no chance that you now have 5-7 times the number of devices connecting to your wireless connection than you did even a couple years ago.
Blasphemy I say!
/now where'd I put that upside down exclamation point???
Any bets on how long it will take this to get abused for political reasons?
every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States ... shall register with the Secretary of State
Don't both major political parties want to "control" the government of the United States?
In my opinion, this new law is going to be trouble.
On the post: Can The Government Use The Term 'Music Piracy' In A Criminal Copyright Trial?
Of course...
... as long as the defense team is allowed to read the definition of piracy from the United Nations Convention on the Law of the Sea and pose the question how copying a file relates to same.
Should be fun.
On the post: Surprising: Charlie Angus Proposing iPod 'You Must Be A Criminal' Tax In Canada
I've got it!
/yeah, right....
On the post: The Real Problem With The Economy: Misallocation Of Capital?
ARGH!!! Paywall
On the post: The Real Problem With The Economy: Misallocation Of Capital?
Re: Huh?
"...with few exceptions that is about efficiency rather than productivity. There's a big difference: If you could only invest in one area, you can make the Post Office more efficient while email makes us more productive and wealthier.
(emphasis for my interpretation)
As Mike was trying to point out, it's the allocation and where the scarce resource of capitol would actually influence the greater amount of improvement. Yes, I totally agree that a more efficient Post Office could be more productive. Counter that with a more efficient electronic delivery system and the return on capitol invested would likely be higher.
On the post: White House Can't Stream Biden's Speech; So Uses Justin.tv Instead
BWAHAHAHAHAHA....
Best laugh I've had all day. Thanks!
On the post: Amazon Shutting Down Colorado-Based Associates Over Sales Tax Issue
A little sloppy this time Mike...
- Colorado is NOT requiring Amazon to collect sales tax due to an affiliate presence or "nexus". The new requirement is that Amazon must INFORM THE CUSTOMER of the tax they should be paying. I believe the intent is to have the customers pay the tax as a "use tax" with their income tax filing.
- Additionally, for online merchants making more than $100,000, Colorado can request data on annual purchases broken out by individual residents, but not individual transactions.
- Any association between Colorado associates and sales tax collection was actually REMOVED from the bill
The way I see it, Amazon is doing this as a political statement and not as a way to side-step new tax collection requirements. They will still have to code sales tax calculations for Colorado whether they have affiliates or not. They just don't have to collect said tax.... yet.
Additionally, while you feel their "no other state" comment is "disingenuous", I believe it to be true. Is there another state that requires online merchants to calculate but not collect sales tax as well as track total sales by individual per year?
On the post: RealNetworks Agrees To Pay $4.5 Million In Legal Fees To Hollywood Over RealDVD; Gives Up
Re: What's the big deal?
In the end, all it does is drive more and more people to find the underground tools to safeguard their purchases. Once they figure out how, they are generally happy to instruct their friends who run into the same problem. It's an issue with exponential growth.
In the end, the abject failure by "major IP owners"* to collaborate with innovators will eventually destroy their business models. With 6+ billion people in the world, you can't stop nor even hope to control the eventual flood of innovation. The best you can do is find a way to go with the flow.
* major IP owners: i.e. MPAA, RIAA and lawsuit happy software companies
On the post: UK Politicians Look To Make Digital Economy Bill Even Worse: Insert Web Censorship Filter Proposal
Pass the bill and say...
And all of this to ATTEMPT (but likely fail) to prop up a business model that doesn't make sense in the modern age.
If it weren't so scary, it'd be funny.
On the post: RapidShare Ordered To Prevent Users From Uploading Certain Books... Or Face Fines And Jailtime
Re: rs.de
Now if only Google could afford to cease operations in Italy, we'd see if these sorts of responses could wake the judiciary up.
On the post: Patent Attorney Highlights How Intellectual Ventures Syphons Money Away From Innovation
Side comment on NPE's and missed question.
Do they create products? NoPE
Do they innovate? NoPE
Do they advance the progress of science? NoPE
Cutting down from three syllables to one makes it even better... (en pee ee => nope)
And since I'm a nice guy, I won't complain or ask for money if it catches on... :-)
As for the article itself, I think "Sawyer" missed a question. How many inventors have a truly innovative idea, but don't even try to start because of the patent thicket out there?
I'm a software developer for a large firm, but in my off-hours I like to "tinker". I've had dozens of ideas for apps (some useful, most not) that even once written, never go anywhere other than to my wife and kids because I don't have the resources to fight a lawsuit. I'd hate to have the next app I write go viral and end up with me in an East Texas courthouse.
On the post: Did The UK Gov't Back Down On Three Strikes... Or Did It Just Change What It Called It?
One possible outcome...
Assume a 3-strikes law IS passed both in the UK and the USA. Just how well do the PTB's think groups like Anonymous are going to take this? How long before a semi-organized hacking effort is established to make it look like all the PTB's are "illegally downloading"?
To be honest, I suspect the only reason it hasn't happened yet is because it hasn't been worth the effort. I both fear and look forward to the day it is.
On the post: Did NewTeeVee/GigaOm Violate Copyright Laws By Telling You How To View The 2010 Olympics Online?
Re: Depends...
Of course, the total lack of coverage of many events has prevented the Olympics from becoming a "must watch" concept for me. Accordingly, I tend to forget it's even on until very late in the evening.
On the post: Did NewTeeVee/GigaOm Violate Copyright Laws By Telling You How To View The 2010 Olympics Online?
I actually like the coverage this year...
- Happened to catch portions of the USA vs Canada men's hockey last night, but channel hopped during the commercials.
- Recorded Shaun White's gold for later viewing but fast forwarded through the commercials.
- Recorded opening ceremonies so my kids could see it later and skipped commercials again.
- My wife who is an ice skating fan didn't even bother trying to figure out when the ice skating was on, but relied on news reports for the highlights.
With this kind of coverage, I seriously doubt their viewership numbers will be all that great. I can only hope it's bad enough that the current leadership team at NBC is tossed out on their respective rear ends!
On the post: School Spying Scandal Gets Even More Bizarre: Student In Question Was Disciplined For Eating Candy
Re: if I own a computer and lend it to somebody to use
If you lend a laptop to someone and it has remote activation and do NOT inform them, I would tend to believe your rights are somewhat limited.
If, however, you DO inform them and make them sign a statement indicating they understand the possibility of remote activation is possible, you are likely in a much better position.
/not a lawyer, not to be taken as legal advice, blah, blah, blah.
On the post: Author Who Claimed $9.99 Not A Real Price For Books Admits Comments Were A Mistake
Re: Re:
Tau Ming Chong (a.k.a. The Warlords) (link to IMDB)
Due in theaters on April 2nd, 2010. However, the ad was claiming that you could subscribe to the HDNet Movie channel and see it on March 31st. They also said it may be available On Demand.
It will be interesting to see if it's true (hard to believe entertainment companies these days), but if so, I applaud the forward thinking!
On the post: Michael Powell A Bit Quick To Claim Google Broadband Is Viable Competition
Additional detail on the Google "offer"
Yeah... sure... the market is doing just FINE in generating competition... NOT!
On the post: Ubisoft DRM Gets Worse And Worse: Kicks You Out Of Game If You Have A Flakey WiFi Connection
Re:
Blasphemy I say!
/now where'd I put that upside down exclamation point???
On the post: If You're Subversive, And Live In South Carolina, Please Register With The State Gov't
Re: Why did you leave it out?
Name one "unlawful" method that can be used to gain control of the government and yet WON'T already get you sent to jail.
This law adds no new protections, just new/extra punishments to already existing laws.
On the post: If You're Subversive, And Live In South Carolina, Please Register With The State Gov't
every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States ... shall register with the Secretary of State
Don't both major political parties want to "control" the government of the United States?
In my opinion, this new law is going to be trouble.
On the post: Imprisoned Terrorist, Carlos The Jackal, Claims Intellectual Property Over Documentary About His Life
Is anyone honestly surprised...
With more and more major media claiming ownership over ideas, it was no great leap to see that drop all the way to the "root source" of each idea.
In this case, the "root" is "Carlos". Next up, his parents will claim copyright because they "created" him...
/kidding, but you know someone somewhere will try it someday
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