I'm not saying they won't use this power judicially. When ISPs notice people using their internet services without also buying their advanced cable services, they'll be much more willing to threaten them with illegal activity.
But because it's "really" the copyright industry's fault, the ISPs look like the good guys.
As far as I'm concerned, most ISPs want the ability to kick so called pirates off the net.
First, most of the major ISPs have their TV and movie content to protect. If Comcast, for example, notices users downloading shows from the Pirate Bay instead of paying for high priced cable, they want to be able to put the fear of god into them and threaten to kick them off.
Second, pirates use more bandwidth than "normal" users. ISPs would love to dump them.
Film critic James Berardinelli recently wrote on his blog about this problem. He basically tells the theaters to shut up, man up, and compete.
And on this topic, I've said it once and I've said it twice, the copyright industry simply does not know how to compete. When your "job" is collecting government granted monopoly rents, making your customers happy is not a major concern. You don't have customers, you have people legally obligated to pay you.
"How Turntable.fm Could Be Even More Awesome... And Make Everyone Money"
The problem is that the music labels (and the copyright industry as a whole) does not want "everyone" to make money. They want to make all the money themselves. Even if it means they'll go bankrupt in the process. It's a pure zero-sum game to them.
"You've built yourself a very slippery slope with this move."
Sorry, Mike, but as far as I'm concerned, this is the very bottom of the rope. Any lower and the rope would be gone and we'd have a game that could never be played.
"How are bars supposed to know if you're driving home or not?"
Does he live in the building? Is the bar in New York City? If not, chances are he has to drive home.
"Seems like they're creating a situation where bars have to spend more money hiring more staff to give the leaving patrons a sobriety test before letting them get in their cars."
Nope, it's simply against the law (and has been for a real long time) for bartenders to serve visibly intoxicated people. It really doesn't matter if he has to drive or walk. If you serve alcohol to a visibly intoxicated person and he's in an accident because of your negligence, he (and anyone else injured) can sue.
Is it the drinkers's fault? Sure. But is it also the fault of the bar for serving him when he was visibly intoxicated? Yep. And it's a jury question to determine the proportion each has to pay.
He's not using dram shop as a defense to his DUI. He's suing the bar for his accident:
"Drunken drivers who get into accidents may sue the taverns where they were overserved, under a split state Supreme Court decision Wednesday in an appeal by a Toms River restaurant being sued by a Brick man."
An attorney is only allowed to say the words "champerty" and "barratry" in open court if he's wearing a monocle, a top hat, and a handle-bar mustache. A female attorney is never allowed to say such words in open court.
Most people don't know this, but the federal border patrol's jurisdiction actually goes 100 miles into the border. Some entire states are fully under the federal border patrol's jurisdiction.
Some people call these zones "Constitution free zones" because border patrols can search without any legal impediment.
What you're forgetting Mike is that the copyright industry has to be able to recoup their massive investments.
If Rebecca Black has taught us anything, it's that to get a hit song you need to spend millions of dollars in production costs, in hiring the very best musicians, plus promotion and advertising, etc. It's not like just anyone can write and perform a song and have it become an overnight hit. It costs money and the labels are performing a valuable public service in fronting those costs.
Sony pissed off the hacker community and got royally burned. It lost millions, maybe even a billion long term... but Sony learned nothing?! Absolutely nothing. God, Sony deserves everything it has coming to it.
"but the UK doesn't seem to have anti-SLAPP laws"
Actually the UK's "super-injunctions" are anti-anti SLAPP laws.
"It's like what would have happened if a record label suddenly declared radio as "piracy" and said that its artists couldn't appear on radio any more."
This is not surprising at all. These groups exist to protect copyright middlemen. When artists self-publish, the middlemen are no longer needed. The real purpose of copyright and the copyright industry today is to solely benefit and protect these middlemen, who do nothing more than collect government granted monopoly rents between the artist and his or her fans.
"it would substitute a pirated track on a person's hard drive for a legitimate version accessed from the cloud"
Is this guy fricken clueless or what?! Anyone who wanted to commit "piracy" would simply download any number of complete uncompressed FLAC collections of Hendrix's music.
On the post: Did The Entertainment Industry Backdoor In Forcing ISPs To Kick People Offline, While Claiming It Did Not?
Re: doubtful
But because it's "really" the copyright industry's fault, the ISPs look like the good guys.
On the post: Did The Entertainment Industry Backdoor In Forcing ISPs To Kick People Offline, While Claiming It Did Not?
First, most of the major ISPs have their TV and movie content to protect. If Comcast, for example, notices users downloading shows from the Pirate Bay instead of paying for high priced cable, they want to be able to put the fear of god into them and threaten to kick them off.
Second, pirates use more bandwidth than "normal" users. ISPs would love to dump them.
On the post: The Old Gatekeeper Journalism vs. The New Open Journalism
On the post: Theater Owners Still Oblivious To The Fact That They Can Compete With Home Viewing
And on this topic, I've said it once and I've said it twice, the copyright industry simply does not know how to compete. When your "job" is collecting government granted monopoly rents, making your customers happy is not a major concern. You don't have customers, you have people legally obligated to pay you.
On the post: Dear Musicians: Once Again, Politicians Can Probably Play Your Songs At Events Without Your Permission
Because I can count the number of radical right wing nut musicians on one finger. Ted Nugent.
On the post: TSA Can Grope Dying Old Ladies; But Can't Catch Guy Boarding Flight Illegally?
On the post: How Turntable.fm Could Be Even More Awesome... And Make Everyone Money
The problem is that the music labels (and the copyright industry as a whole) does not want "everyone" to make money. They want to make all the money themselves. Even if it means they'll go bankrupt in the process. It's a pure zero-sum game to them.
On the post: Capcom's Resident Evil DRM Is Evil: You Get To Play The Game Once And That's It
Sorry, Mike, but as far as I'm concerned, this is the very bottom of the rope. Any lower and the rope would be gone and we'd have a game that could never be played.
On the post: Six Years Later, JK Rowling Realizes Ebooks Are A Good Idea... And She Cuts Out The Middleman
On the post: Caught With A DUI In New Jersey? You Can Now Blame The Bar That Served You
Re:
Does he live in the building? Is the bar in New York City? If not, chances are he has to drive home.
"Seems like they're creating a situation where bars have to spend more money hiring more staff to give the leaving patrons a sobriety test before letting them get in their cars."
Nope, it's simply against the law (and has been for a real long time) for bartenders to serve visibly intoxicated people. It really doesn't matter if he has to drive or walk. If you serve alcohol to a visibly intoxicated person and he's in an accident because of your negligence, he (and anyone else injured) can sue.
Is it the drinkers's fault? Sure. But is it also the fault of the bar for serving him when he was visibly intoxicated? Yep. And it's a jury question to determine the proportion each has to pay.
On the post: Caught With A DUI In New Jersey? You Can Now Blame The Bar That Served You
Re: Dram Shop Law
That's dram shop. And once again, it's not new.
On the post: Caught With A DUI In New Jersey? You Can Now Blame The Bar That Served You
On the post: Nevada Bar Investigating Righthaven Lawyers
An attorney is only allowed to say the words "champerty" and "barratry" in open court if he's wearing a monocle, a top hat, and a handle-bar mustache. A female attorney is never allowed to say such words in open court.
On the post: TSA Takes Security Theater On The Road: Mobile Groping Teams Can Pop Up Anywhere
Some people call these zones "Constitution free zones" because border patrols can search without any legal impediment.
On the post: Copyright Holders Claim That They Should Get To Decide Any Copyright Exceptions
If Rebecca Black has taught us anything, it's that to get a hit song you need to spend millions of dollars in production costs, in hiring the very best musicians, plus promotion and advertising, etc. It's not like just anyone can write and perform a song and have it become an overnight hit. It costs money and the labels are performing a valuable public service in fronting those costs.
On the post: Sony Continues Suing People Who Help Others Modify Their PS3s
"but the UK doesn't seem to have anti-SLAPP laws"
Actually the UK's "super-injunctions" are anti-anti SLAPP laws.
On the post: Universal Music Goes To War Against Popular Hip Hop Sites & Blogs
Where have you been Mike? Radio is piracy!
On the post: Mystery Writers Of America: Real Writers Don't Self-Publish
On the post: How Long Until Phone Numbers Are A Historical Relic?
Until IPv6 is established. Right now, wireless phones are not really telephonic. There is simply no need to use phone numbers.
When IPv6 is established, every connected device will have its own IP address. The "cell" system will find you via that IP address.
On the post: Wait, Do Copyright Holders Love Or Hate iTunes Music Match?
Is this guy fricken clueless or what?! Anyone who wanted to commit "piracy" would simply download any number of complete uncompressed FLAC collections of Hendrix's music.
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