Both of you either need to prove your position or just be quiet.
I've never stated any position on this at all, so I'm not sure what I would need to prove. All I've stated is that what you have thus far put forth as proof doesn't actually prove what you are claiming.
You, on the other hand, have asserted your position, so the responsibility falls to you back up your claims. That's how a debate between adults works.
$118M in patent royalties in 2014 for UC alone and 86 new startups. Hard enough?
Not really. Without a comparison, that "86 new startups" number is meaningless. Without the patents, there might have been 200 new startups using UC's knowledge and all of them would be employing people and paying taxes too.
Interesting choice of words to describe a blog with 3/4 of a million unique readers a month, but whatever.
But if you can only tolerate sychophants who blow smoke up your backside and echo your worldview...
As a casual observer of this entire exchange, I will say that if I was serving on a jury concerning this, you would most definitely lose the case. You have backed up your assertions with very little supporting evidence and the evidence you have supplied doesn't really back up what you are claiming.
Talk is cheap. Hard verifiable facts are what actually sways people.
Justice is served, but at the same time all parties can avoid the time and effort to take it through the full court system.
While I agree that plea bargains are pretty much a necessary evil with our overburdened court systems, I cannot consider them to be "justice" while prosecutors are allowed to coerce defendants with threats of astronomical sentences. Defendants are basically agreeing to plea bargains while under duress, which is supposed to be a huge no-no with our legal system.
...you should worry about what kinds of activities you would be encouraging and supporting by operating a TOR exit node.
Warning! reductio ad absurdum ahead:
...you should worry about the kinds of speech you would be encouraging and supporting by advocating First Amendment rights for everyone.
Also, it seems to me that Tor exit nodes fall dead center within the definition of an ISP in regards to Section 230 safe harbors. Do you have an argument as to why they shouldn't be protected by Section 230?
When you consider the volume and scale of the violations...
Wouldn't that indicate that the business model we've enshrined in law as "copyright" needs a major overhaul in this day and age where everyone walks around with copying machine in their pocket?
If you want the masses to respect copyright, then perhaps we need to change our copyright laws in ways that will create that respect. With copyright terms beyond my great-grandchildren's lives, the lack of public domain replenishment and unfathomable penalties, it's no wonder that many do not respect copyright laws.
... hashes could be used effectively for this issue...
As far as I know, no one has developed a hash algorithm that can determine whether the use of a particular file is Fair Use or not. Apparently you are using a very liberal interpretation of the word "effectively".
And, of course, the report confirms that Google receives millions of actual legitimate takedowns, but you don't care about that.
I don't care about the legitimate takedowns myself.
The legitimate takedowns are not prior restraint of speech. The bogus takdowns, on the other hand, can and usually are unconstitutional prior restraint (IMHO, IANAL), being that the DMCA is law backed by the might of the US government.
The First Amendment should always trump copyright law when they collide, if you ask me.
Reason 1: Qualifying your statement with "I'm not saying it's a fact, just my opinion." makes it pretty damn clear that your statement is an opinion.
Reason 2: Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. Being that you qualified your statement not once, but twice, with "my opinion", most reasonable readers would view that as not a verifiable fact.
Reason 3: Remark was made on the internet. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole.
Re: Re: Re: We're gonna need more popcorn for this one..
It would be very different from a guy who starts a domain called "how to get Popcorn Time so you can pirate movies more easily"
If the domain is just "How to get Popcorn time", how is that any different than Best Buy advertising and selling VCRs and blank video cassettes in the 80's & 90's?
And if I only use Popcorn Time to watch public domain movies, whose copyrights have been infringed upon?
When has this ever actually happened in the history of story telling? Every story is built upon the works of others, either consciously, unconsciously or both.
Even Roddenberry himself admitted that Star Trek was basically a copy of the TV series "Wagon Train", set in outer space instead of the Wild West. He also said that he leaned on Jonathan Swift's Gulliver's Travels for the format that combines an adventure story with a moral message.
I am sitting here completely stunned that multi billion dollar a year profit spewing Google needs a tax break for anything. Considering all the shit they are in for their tax management techniques around the world, it seems almost laughable that anyone would give them a break.
Why should we treat Google any different from other large corporation? Is it just because they are Google?
Not only did we gave General Motors $50 billion in bailout money, we also quietly gave them an additional $45 billion tax break. As a result, in 2011, GM's effective tax rate was negative 1.5%. The IRS paid GM $110 million in 2011. And that tax break continues for a period of 20 years.
Sure, but in heavy traffic a signal can also be used to ask someone to let you move over. You don't have to, but it's a dick move not to if you can do it easily.
I agree and I do exactly that when it feels like I was asked. It's when I feel like I was commanded or just automatically expected to yield that I tend to be a bit of an *asshole. Courtesy is a two-way street.
* It might be that I really am an asshole, since I often have to resist the urge to park in handicapped spaces just to watch handicapped people make handicapped faces.
On the post: California Assembly Looks To Push Cities To Copyright & Trademark Everything They Can
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:
I've never stated any position on this at all, so I'm not sure what I would need to prove. All I've stated is that what you have thus far put forth as proof doesn't actually prove what you are claiming.
You, on the other hand, have asserted your position, so the responsibility falls to you back up your claims. That's how a debate between adults works.
On the post: California Assembly Looks To Push Cities To Copyright & Trademark Everything They Can
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:
Not really. Without a comparison, that "86 new startups" number is meaningless. Without the patents, there might have been 200 new startups using UC's knowledge and all of them would be employing people and paying taxes too.
On the post: California Assembly Looks To Push Cities To Copyright & Trademark Everything They Can
Re: Re: Re: Re: Re: Re: Re: Re: Re:
Interesting choice of words to describe a blog with 3/4 of a million unique readers a month, but whatever.
But if you can only tolerate sychophants who blow smoke up your backside and echo your worldview...
As a casual observer of this entire exchange, I will say that if I was serving on a jury concerning this, you would most definitely lose the case. You have backed up your assertions with very little supporting evidence and the evidence you have supplied doesn't really back up what you are claiming.
Talk is cheap. Hard verifiable facts are what actually sways people.
On the post: Prosecutor Disciplined For Using Fake Facebook Profile To Meddle In Murder Case
Re: Re: Re: Re: Re: Who the heck is Lewis?
On the post: Prosecutor Disciplined For Using Fake Facebook Profile To Meddle In Murder Case
Re: Re: Re: Who the heck is Lewis?
Lighten up, Francis. Nothing in nasch's comment deserved your response.
I had trouble myself figuring out who was who between Lewis, Dunn, Mossor and McGinty. After rereading the article a few times I simply gave up.
On the post: Leveraging Shame And The Presumption Of Guilt To Destroy Lives And Punish Consenting Adults
Re: Re: Re: Re: Re: Re: Re: Fun
While I agree that plea bargains are pretty much a necessary evil with our overburdened court systems, I cannot consider them to be "justice" while prosecutors are allowed to coerce defendants with threats of astronomical sentences. Defendants are basically agreeing to plea bargains while under duress, which is supposed to be a huge no-no with our legal system.
On the post: Law Enforcement Raids Another Tor Exit Node Because It Still Believes An IP Address Is A Person
Re: Re: Re:
Warning! reductio ad absurdum ahead:
...you should worry about the kinds of speech you would be encouraging and supporting by advocating First Amendment rights for everyone.
Also, it seems to me that Tor exit nodes fall dead center within the definition of an ISP in regards to Section 230 safe harbors. Do you have an argument as to why they shouldn't be protected by Section 230?
On the post: DMCA's Notice And Takedown Procedure Is A Total Mess, And It's Mainly Because Of Bogus Automated Takedowns
Re: Re: Re: Re:
Wouldn't that indicate that the business model we've enshrined in law as "copyright" needs a major overhaul in this day and age where everyone walks around with copying machine in their pocket?
If you want the masses to respect copyright, then perhaps we need to change our copyright laws in ways that will create that respect. With copyright terms beyond my great-grandchildren's lives, the lack of public domain replenishment and unfathomable penalties, it's no wonder that many do not respect copyright laws.
On the post: DMCA's Notice And Takedown Procedure Is A Total Mess, And It's Mainly Because Of Bogus Automated Takedowns
Re: Re: Re: Re: Re: Re: Re: Re:
Google stated that it used hashes shortly after they announced ContentID back in 2007:
Do you have any citations indicating that this has changed since then?
On the post: DMCA's Notice And Takedown Procedure Is A Total Mess, And It's Mainly Because Of Bogus Automated Takedowns
Re: Re: Re: Re: Re: Re:
https://www.techdirt.com/articles/20160214/08293233599/sony-music-issues-takedown-copyrig ht-lecture-about-music-copyrights-harvard-law-professor.shtml
https://www.techdirt.com/articles/20150 821/17232232032/rise-contentid-trolls-dan-bull-has-someone-claim-his-music-take-his-money-issue-take downs.shtml
https://www.techdirt.com/articles/20150821/16573132031/boston-public-broadcaster-wgbh-fil es-bogus-dmca-notice-public-domain-video-uploaded-carl-malamud.shtml
https://www.techdirt.com/article s/20150608/11320031274/youtube-silences-six-hours-darpa-robotics-finals-because-one-song-briefly-bac kground.shtml
https://www.techdirt.com/articles/20150424/16260830785/dan-bulls-death-to-acta-video-si lenced-after-claim-rapper-who-used-same-sample.shtml
https://www.techdirt.com/articles/20150407/14450 930576/once-again-political-speech-is-silenced-copyrightcontentid.shtml
https://www.techdirt.com/arti cles/20140401/13295826767/street-performer-gets-someones-brooklyn-bridge-youtube-video-taken-down.sh tml
https://www.techdirt.com/articles/20140331/11022126751/telemundo-univision-copyright-claim-youtub e-takes-down-us-congressional-appropriations-hearing.shtml
https://www.techdirt.com/articles/20121108 /18153120978/viral-video-9-year-old-girl-football-star-taken-down-because-music.shtml
https://www.tec hdirt.com/articles/20121107/18062520968/video-about-fair-use-remix-culture-taken-down-over-copyright -claim-course.shtml
https://www.techdirt.com/articles/20120904/22172920275/copyright-killbots-strike- again-official-dnc-livestream-taken-down-just-about-every-copyright-holder.shtml
That's from just the first few pages of searching for "contentid" on techdirt.com.
On the post: DMCA's Notice And Takedown Procedure Is A Total Mess, And It's Mainly Because Of Bogus Automated Takedowns
Re: Re: Re: Re:
As far as I know, no one has developed a hash algorithm that can determine whether the use of a particular file is Fair Use or not. Apparently you are using a very liberal interpretation of the word "effectively".
On the post: DMCA's Notice And Takedown Procedure Is A Total Mess, And It's Mainly Because Of Bogus Automated Takedowns
Re: Re: Re:
I don't care about the legitimate takedowns myself.
The legitimate takedowns are not prior restraint of speech. The bogus takdowns, on the other hand, can and usually are unconstitutional prior restraint (IMHO, IANAL), being that the DMCA is law backed by the might of the US government.
The First Amendment should always trump copyright law when they collide, if you ask me.
On the post: iPhone Forensics Experts Demonstrate Basic Proof Of Concept That The iPhone Hack The FBI Says 'Doesn't Work' Actually Does Work
Re:
Personally, I think Techdirt should join the "Some Asshole Initiative"
http://nonadventures.com/2015/06/20/the-some-of-all-fears/
On the post: Hulk Hogan's $115 Million Win Against Gawker Raises Serious First Amendment Questions
Re: Re: Re:
Yes. Just my opinion though :)
Reason 1: Qualifying your statement with "I'm not saying it's a fact, just my opinion." makes it pretty damn clear that your statement is an opinion.
Reason 2: Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. Being that you qualified your statement not once, but twice, with "my opinion", most reasonable readers would view that as not a verifiable fact.
Reason 3: Remark was made on the internet. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole.
On the post: Author Sues Half The Internet For Defamation, Copyright Infringement, Cyberbullying, Use Of Section 230
On the post: Norwegian Police Seize Domain Name For Linking To Sites Offering Popcorn Time
Re: Re: Re: We're gonna need more popcorn for this one..
If the domain is just "How to get Popcorn time", how is that any different than Best Buy advertising and selling VCRs and blank video cassettes in the 80's & 90's?
And if I only use Popcorn Time to watch public domain movies, whose copyrights have been infringed upon?
On the post: Norwegian Police Seize Domain Name For Linking To Sites Offering Popcorn Time
Re: Re: We're gonna need more popcorn for this one..
Has already happened:
https://www.techdirt.com/articles/20140711/18044627859/mpaa-stretches-dmca-to-breaking-poin t-with-questionable-take-down-request-popcorn-time-repositories.shtml
On the post: Can't Make This Up: Paramount Says Star Trek Fan Flick Violates Copyright On Klingon And 'Uniform With Gold Stars'
Re: Clearly infringing...
When has this ever actually happened in the history of story telling? Every story is built upon the works of others, either consciously, unconsciously or both.
Even Roddenberry himself admitted that Star Trek was basically a copy of the TV series "Wagon Train", set in outer space instead of the Wild West. He also said that he leaned on Jonathan Swift's Gulliver's Travels for the format that combines an adventure story with a moral message.
On the post: Comcast Nabs Huge Oregon Tax Break Thanks To Loophole Intended For Google Fiber
Re:
Why should we treat Google any different from other large corporation? Is it just because they are Google?
Not only did we gave General Motors $50 billion in bailout money, we also quietly gave them an additional $45 billion tax break. As a result, in 2011, GM's effective tax rate was negative 1.5%. The IRS paid GM $110 million in 2011. And that tax break continues for a period of 20 years.
http://www.foxnews.com/opinion/2012/05/18/what-gm-bailout-really-cost-american-taxpayers.html
On the post: Google's Self-Driving Car Causes First Accident, As Programmers Try To Balance Human Simulacrum And Perfection
Re: Re: Re: Re: Re: Re: Re:
I agree and I do exactly that when it feels like I was asked. It's when I feel like I was commanded or just automatically expected to yield that I tend to be a bit of an *asshole. Courtesy is a two-way street.
* It might be that I really am an asshole, since I often have to resist the urge to park in handicapped spaces just to watch handicapped people make handicapped faces.
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