My interpretation is that you are both correct to a point:
It sounds like he did the actual tweet itself at home, probably on his own computer. Then at a later point at school, he logged onto his twitter account at which point the school, which is obviously data-mining network traffic, discovered the profanity-laden tweet and thought this would be a great time to out themselves for snooping on all http traffic. I strongly suspect if he had been using https he would have had no problems.
"""It's hard not to sympathize with her position, even though the lawsuit and the patent in question, #5,920,303, both appear to be solid."""
Leigh, pardon my french please, but fuck that shit. If you really believe that, you've drunk the kool-aid. "System and method for", "System and method for", "Method of", what a load of crap. Those claims are too vague, which by the way is the same problem with software patents: a thousand different ways of coding a solution can be "covered" by one idioticly vague patent.
A patent should only EVER have been granted for an extremely specific implementation of a solution to a problem. It's all of these insane "System and method" patents that let trolls lock up ideas without ever necessarily creating an actual product!
"""Ravi did not commit murder, he was neither prosecuted for nor convicted of murder."""
Mmmm, I'm going to give you the benefit of the doubt, maybe you're not just another troll.
The article did not state that Ravi was being tried nor was prosecuted for murder. However, allow me to point out that if Ravi's roommate had not committed suicide, there would have been precisely 0 (zero) convictions, although possibly a smudge on Ravi's academic record. The suicide is prompting the use of other laws to create a liability commensurate with a murder verdict. In today's politically correct climate, this is a fairly typical kneejerk reaction, and don't be surprised if there aren't a few laws being crafted to address this issue more precisely in the future.
"""He isn't going to jail for being a jerk, he is going to jail for invasion of privacy and intimidation (the "hate" crime part is what I have a problem with)."""
The hate crime part is also something I have a problem with. Increasing penalties due to an arbitrary judgement of someone's state of mind rather than just the act itself is hugely problematic. "Hate crime" should not even be a thing. Crime is crime and should be punished as such. Mindset has no place in this, other than proving intent, which can increase the severity of the penalty in many crimes. But just because someone hates [choose race/gender/religion] shouldn't increase their penalty for a crime against said group. It just doesn't make sense.
"""Say what you will about "thought crimes", but streaming live video of someone in their bedroom is an action not a thought."""
On this we are agreed, an action was performed, but by no stretch do I agree that it could be called a hate crime even by today's rather broad standards. The guy was stupid and immature, but he wasn't a mafia boss trying to intimidate his roommate. It was a prank in extremely poor taste that wound up going very much awry.
Holy shit, talk about the blind leading the blind. I'm sorry man, ignore my post below, if you really think that AC has some wisdom for you, you're way past helping.
Can't tell if serious. Was this just a really poor trolling attempt? Or do you really feel this way?
Because you "owning" your music is EXACTLY like you "owning" a smell. Neither is tangible, neither is property, but for the sound aspect, you want to treat it like property.
By the way, Mike talks about you "little artists" all the time. He suggests that you do a couple of things:
1. Don't be a dick. (Don't sue your fans. Don't call them thieves or treat them like criminals.)
2. Connect with your fans. Accept their friend requests, talk with them on Twitter, etc.
3. Don't try to sell shiny metallic discs, or at least don't ONLY try to sell shiny metallic discs and expect to be able to pay your rent. Sell mp3s, your time, your sweaty shirts, whatever, be creative.
Fortunately (in this case), people in power very rarely choose to voluntarily give up any part of that power, so I really doubt Congress would agree to Ron Kirk's proposal.
I'm pretty sure they were miffed about the article discussing the takedown, not the article that was actually taken down. I could be wrong though, it's getting pretty meta up in here.
Re: Response to: kenichi tanaka on Feb 28th, 2012 @ 10:49am
Just off the cuff, I'd agree with you. But these are the companies that, as a commenter above pointed out, will pull your Youtube video of your daughter lip-synching and dancing to "their" music in a New York second. If they don't believe in fair use, why should this artist?
"""The world does not OWE you Season 1 of “Game Of Thrones” in the form you want it at the moment you want it at the price you want to pay for it."""
In a bold move, Andy Ihnatko completely ignores the fact that Season 1 of "Game of Thrones" is available in the form that most people would want it (DRM free), and at the price that almost nobody minds paying ($0.00).
"""If it’s not available under 100% your terms, you have the free-and-clear option of not having it."""
But Andy, why bother with not having it, when it's so easy to have it? See, it's not the end-user defining the terms here, it's the content gatekeeper: "I will sell no episode before its time!"
On the post: TSA Freaks Out, Gets Longtime Critic Bruce Schneier Kicked Off Of Oversight Hearing
Re:
On the post: High School Student Expelled For Tweeting Profanity; Principal Admits School Tracks All Tweets
Re: Re: Re:
On the post: High School Student Expelled For Tweeting Profanity; Principal Admits School Tracks All Tweets
Re: Re: Re:
It sounds like he did the actual tweet itself at home, probably on his own computer. Then at a later point at school, he logged onto his twitter account at which point the school, which is obviously data-mining network traffic, discovered the profanity-laden tweet and thought this would be a great time to out themselves for snooping on all http traffic. I strongly suspect if he had been using https he would have had no problems.
On the post: Patents Threaten To Silence A Little Girl, Literally
Patent in question appears to be solid?
Leigh, pardon my french please, but fuck that shit. If you really believe that, you've drunk the kool-aid. "System and method for", "System and method for", "Method of", what a load of crap. Those claims are too vague, which by the way is the same problem with software patents: a thousand different ways of coding a solution can be "covered" by one idioticly vague patent.
A patent should only EVER have been granted for an extremely specific implementation of a solution to a problem. It's all of these insane "System and method" patents that let trolls lock up ideas without ever necessarily creating an actual product!
Ok, rant over. Time for coffee.
On the post: From Lori Drew To Dharun Ravi, Punishing People Based On Others' Suicides Is A Mistake
Re: Ravi
Mmmm, I'm going to give you the benefit of the doubt, maybe you're not just another troll.
The article did not state that Ravi was being tried nor was prosecuted for murder. However, allow me to point out that if Ravi's roommate had not committed suicide, there would have been precisely 0 (zero) convictions, although possibly a smudge on Ravi's academic record. The suicide is prompting the use of other laws to create a liability commensurate with a murder verdict. In today's politically correct climate, this is a fairly typical kneejerk reaction, and don't be surprised if there aren't a few laws being crafted to address this issue more precisely in the future.
On the post: From Lori Drew To Dharun Ravi, Punishing People Based On Others' Suicides Is A Mistake
Re:
The hate crime part is also something I have a problem with. Increasing penalties due to an arbitrary judgement of someone's state of mind rather than just the act itself is hugely problematic. "Hate crime" should not even be a thing. Crime is crime and should be punished as such. Mindset has no place in this, other than proving intent, which can increase the severity of the penalty in many crimes. But just because someone hates [choose race/gender/religion] shouldn't increase their penalty for a crime against said group. It just doesn't make sense.
"""Say what you will about "thought crimes", but streaming live video of someone in their bedroom is an action not a thought."""
On this we are agreed, an action was performed, but by no stretch do I agree that it could be called a hate crime even by today's rather broad standards. The guy was stupid and immature, but he wasn't a mafia boss trying to intimidate his roommate. It was a prank in extremely poor taste that wound up going very much awry.
On the post: Thinking Of Copyright As Property Is As Natural As Thinking Of Smells As Property
Re: Re: Re: An Artist's perspective
On the post: Thinking Of Copyright As Property Is As Natural As Thinking Of Smells As Property
Re: Re: Re: An Artist's perspective
On the post: Thinking Of Copyright As Property Is As Natural As Thinking Of Smells As Property
Re: An Artist's perspective
Because you "owning" your music is EXACTLY like you "owning" a smell. Neither is tangible, neither is property, but for the sound aspect, you want to treat it like property.
By the way, Mike talks about you "little artists" all the time. He suggests that you do a couple of things:
1. Don't be a dick. (Don't sue your fans. Don't call them thieves or treat them like criminals.)
2. Connect with your fans. Accept their friend requests, talk with them on Twitter, etc.
3. Don't try to sell shiny metallic discs, or at least don't ONLY try to sell shiny metallic discs and expect to be able to pay your rent. Sell mp3s, your time, your sweaty shirts, whatever, be creative.
4. Profit!
On the post: USTR Wants 'Trade Promotion Authority' In An Effort To Ram TPP Through Congress With Little Debate
One saving grace
On the post: Company That Issued Bogus Takedown Says It Was All A Mistake, Apologizes
Re:
On the post: Company That Issued Bogus Takedown Says It Was All A Mistake, Apologizes
Re: Re:
Here's an idea, I'm giving it away, for free:
Stop trying to police the entire internet.
There, for everyone that was trying to do that, I've just saved you millions of dollars and countless man-hours. And here's another freebie:
Take all that saved money and man-hours and make your product better.
Booyah! Now you've saved millions and with a better product, you are much more likely to make lots more money!
On the post: Company That Issued Bogus Takedown Says It Was All A Mistake, Apologizes
Re: Re: Re: Re: Re:
On the post: Company That Issued Bogus Takedown Says It Was All A Mistake, Apologizes
Re: Re: Re: Re: Re: Re: Re:
On the post: Artist Sues Sony Music Because Her Artwork Appears In The Background Of A Music Video
Re: DON'T SETTLE!
On the post: Artist Sues Sony Music Because Her Artwork Appears In The Background Of A Music Video
Re: Response to: kenichi tanaka on Feb 28th, 2012 @ 10:49am
Live by the sword, die by the sword!
On the post: Would You Rather Be 'Right' Or Realistic?
In a bold move, Andy Ihnatko completely ignores the fact that Season 1 of "Game of Thrones" is available in the form that most people would want it (DRM free), and at the price that almost nobody minds paying ($0.00).
"""If it’s not available under 100% your terms, you have the free-and-clear option of not having it."""
But Andy, why bother with not having it, when it's so easy to have it? See, it's not the end-user defining the terms here, it's the content gatekeeper: "I will sell no episode before its time!"
On the post: NSA: 'Anonymous Might One Day Hack Power Grids!' Anonymous: 'Huh?!?'
Re:
On the post: Streaming Rights On Whitney Houston Movie NOT Pulled In Order To 'Make Really A Large Amount Of Money On DVD Sales' [Updated]
Re: Re:
On the post: IFPI & Other Lobbyists Tell Parliament That ACTA Protests Silence The Democratic Process
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