sophisticatedjanedoe (profile), 14 May 2012 @ 9:58am
Re: Re: Re: Adult entertainment: even more ridiculous
Regarding managing loyalty instead of suing kids: sure I pirated Leisure Suit Larry when I was young, yet I did not think twice when offered to support Al Lowe's new project on Kickstarter: I gladly parted with $100. And will do it again and again.
sophisticatedjanedoe (profile), 14 May 2012 @ 9:53am
Re: Re: Adult entertainment: even more ridiculous
I cannot agree more. 99% of the product is unimaginative, boring stuff. And the room for improvement is huge, alleged "losses" from piracy are dwarfed by the income potential.
One more thought that is still brewing and that I never discussed. Staying on top of copyright trolling cases, I can't avoid noticing that the majority of targeted filesharers is students. And they can be divided to 2 categories:
- those who live with parents and cannot legally access paid content because they don't have money and because they fear parents's anger even if they have money.
- those who live far away from parents yet still have no money for this kind of entertainment.
None of these two groups damages porn industry because they wouldn't buy their stuff in the first place. So instead of disingenuous whining about nonexistent "lost sales", the adult business geniuses should think how to monetize the specifics of younger crowd now, either by offering heavy discounts paired with other incentives attractive to them, or invest in the future, when now-poor students' buying power increases dramatically, by managing loyalty.
This is applicable not only to salacious entertainment, but to any other, including music and games. Recently I talked to a liberal arts college student: on the campus the sharing culture flourishes, it is considered absolutely normal to ask someone to copy his entire music collection, yet kids still spend a lot (basically all the remaining money) on entertainment, including iTunes. And they don't see any contradiction in these two trends! And that's absolutely natural IMO.
sophisticatedjanedoe (profile), 14 May 2012 @ 8:41am
Adult entertainment: even more ridiculous
It's even more ridiculous with adult industry. I subscribe to "Free Speech Coalition", a non profit advocate group for the adult industry, on Twitter. I couldn't help poking them after seeing their obvious schadenfreude over the news from Netherlands. I found it amusingly hypocritical.
So I twitted to @FSCArmy:
Your position is somewhat awkward. On one side you are "Free Speech Coalition", i.e. you must decry any censorship, and you do.
At the same time you believe that your industry is badly hurt by illegal filesharig and you want something to be done about it.
The problem is that the "something" being done now IS censorship. You can't have it both ways.
sophisticatedjanedoe (profile), 4 May 2012 @ 5:23pm
Almost an hour and just one comment? Come on! this is a groundbreaking news.
Although it is already widely covered. The advantage of Mike's long backlog of ideas manifested itself two months ago, when TechDirt avoided the embarrassment I involuntarily caused: ArsTechnica and TorrentFreak reported about similarly worded Fla judge Schumacher's order, which he did not write (and even did not read), and later vacated. When I grow up I'll also have a luxury of allowing news to breath after pulling a cork.
That time our hopes were trumped and Schumacher's order suddenly started looking too good to be true. Just two months and even better written order became a reality.
I hope to be as optimistic as Mike ("we're reaching the tipping point with porn companies playing the copyright trolling game"). I've been reporting this tipping point starting September 2011 — with judge Zimmerman's cautious order.
Thanks for linking and going a very good job of raising awareness about this legal plague, Mike.
It was brewing for a while... one of the first districts that was hit by this legal plague. The history of rulings there reflects the cognitive process — how judges started to understand little by little that their court was blatantly abused.
There were some milestones, Zimmerman's ruling for instance. Virtually every judge from this district expressed his or her disapproval to trolls' tactics.
The last "pro-troll" judge, Maria-Elena James, finally changed her mind (December) after being pissed off by Ira Siegel. Since then filing troll cases in CAND became futile and trolls moved to new grounds.
NACD judges made important contributions to the case law. For example, swarm-based joinder was challenged and jurisdiction over out-of-state defendants was questioned in Northern California first. Basically every motion or order in the US quotes NACD documents.
Note that this case is an old one and was filed before CAND became apparently hostile to trolls.
So, replying to a pro-troll commenter below, no, this order will not be overturned — it is an evolutionary ruling rather than revolutionary, it simply summarizes what the other judges from this district said or thought.
Apparently you have no idea about the subject you are trying to discuss.
You use the word "litigation" while these cases are never litigated, and never meant to be litigated. This is plain and simple extortion on the unprecedented scale.
sophisticatedjanedoe (profile), 30 Mar 2012 @ 12:37pm
Re: Re:
...although going after family members is even lower than copyright trolling... So now I don't have sympathy to both sides and as such, don't have any desire to follow this story.
I was merely interested in the issues surrounding personal name domains: not exactly on topic, but related.
sophisticatedjanedoe (profile), 30 Mar 2012 @ 12:11pm
It would be interesting to know where Marc Randazza stays on this issue. Last week I became aware (via my site referrals) of the war between Crystal Cox (a blogger who was hit by insane defamation charges recently, a highly publicized event) and Marc Randazza. I did not have time to go through the details, but it seems that, after exchanging some initial hostilities, ms. Cox registered marcrandazza.com and Marc demanded it back, while ms. Cox accused him in hypocrisy saying that Randazza defended against attempts to take over domains based on personal names in the past.
Disclaimers: I'm just a spectator in this war, I don't have an opinion one way or the other. I don't have any opinion on ms. Cox as I don't know her or her activities well enough. I don't like mr. Randazza.
sophisticatedjanedoe (profile), 3 Mar 2012 @ 1:31pm
Re:
Ohai, TAC. A small clarification:
> Many of the IP tracking firms seem to be German based
There is no such thing as "IP tracking firms": in a nutshell, it is a single poisonous octopus called Guardaley, and all this logisteps, basenprotects and ipp's are just its tentacles. It can be proved easily.
It's possible that I'm not 100% correct: there are many unethical opportunists in every country, and there may be some independent extortion outfits, but the lion share of this shakedown market is Guardaley.
On the post: Tenenbaum To Supreme Court: Let's Get This Constitutional Debate On Statutory Rates For Copyright Infringement Rolling
Re: Re:
On the post: Tenenbaum To Supreme Court: Let's Get This Constitutional Debate On Statutory Rates For Copyright Infringement Rolling
I modestly won't mention p.4 footnote either ;)
On the post: MPAA: Censorship Is Good For Consumers
Re: Re: Re: Adult entertainment: even more ridiculous
On the post: MPAA: Censorship Is Good For Consumers
Re: Re: Adult entertainment: even more ridiculous
One more thought that is still brewing and that I never discussed. Staying on top of copyright trolling cases, I can't avoid noticing that the majority of targeted filesharers is students. And they can be divided to 2 categories:
- those who live with parents and cannot legally access paid content because they don't have money and because they fear parents's anger even if they have money.
- those who live far away from parents yet still have no money for this kind of entertainment.
None of these two groups damages porn industry because they wouldn't buy their stuff in the first place. So instead of disingenuous whining about nonexistent "lost sales", the adult business geniuses should think how to monetize the specifics of younger crowd now, either by offering heavy discounts paired with other incentives attractive to them, or invest in the future, when now-poor students' buying power increases dramatically, by managing loyalty.
This is applicable not only to salacious entertainment, but to any other, including music and games. Recently I talked to a liberal arts college student: on the campus the sharing culture flourishes, it is considered absolutely normal to ask someone to copy his entire music collection, yet kids still spend a lot (basically all the remaining money) on entertainment, including iTunes. And they don't see any contradiction in these two trends! And that's absolutely natural IMO.
On the post: MPAA: Censorship Is Good For Consumers
Adult entertainment: even more ridiculous
So I twitted to @FSCArmy:
Your position is somewhat awkward. On one side you are "Free Speech Coalition", i.e. you must decry any censorship, and you do.
At the same time you believe that your industry is badly hurt by illegal filesharig and you want something to be done about it.
The problem is that the "something" being done now IS censorship. You can't have it both ways.
On the post: Yet Another Judge Slams Copyright Trolls; Warns That Courts Should Not Be Used To 'Bludgeon' People Into Settling
Although it is already widely covered. The advantage of Mike's long backlog of ideas manifested itself two months ago, when TechDirt avoided the embarrassment I involuntarily caused: ArsTechnica and TorrentFreak reported about similarly worded Fla judge Schumacher's order, which he did not write (and even did not read), and later vacated. When I grow up I'll also have a luxury of allowing news to breath after pulling a cork.
That time our hopes were trumped and Schumacher's order suddenly started looking too good to be true. Just two months and even better written order became a reality.
I hope to be as optimistic as Mike ("we're reaching the tipping point with porn companies playing the copyright trolling game"). I've been reporting this tipping point starting September 2011 — with judge Zimmerman's cautious order.
Thanks for linking and going a very good job of raising awareness about this legal plague, Mike.
On the post: Yet Another Copyright Troll Case Kicked Out Of Court, With Excellent Reasoning From The Judge
Re: Re:
On the post: Yet Another Copyright Troll Case Kicked Out Of Court, With Excellent Reasoning From The Judge
Re:
There were some milestones, Zimmerman's ruling for instance. Virtually every judge from this district expressed his or her disapproval to trolls' tactics.
The last "pro-troll" judge, Maria-Elena James, finally changed her mind (December) after being pissed off by Ira Siegel. Since then filing troll cases in CAND became futile and trolls moved to new grounds.
NACD judges made important contributions to the case law. For example, swarm-based joinder was challenged and jurisdiction over out-of-state defendants was questioned in Northern California first. Basically every motion or order in the US quotes NACD documents.
Note that this case is an old one and was filed before CAND became apparently hostile to trolls.
So, replying to a pro-troll commenter below, no, this order will not be overturned — it is an evolutionary ruling rather than revolutionary, it simply summarizes what the other judges from this district said or thought.
On the post: Yet Another Copyright Troll Case Kicked Out Of Court, With Excellent Reasoning From The Judge
Re:
On the post: Yet Another Copyright Troll Case Kicked Out Of Court, With Excellent Reasoning From The Judge
Re:
You use the word "litigation" while these cases are never litigated, and never meant to be litigated. This is plain and simple extortion on the unprecedented scale.
On the post: Trademark Lawyers Push For Crazy New Domain Rules Making It Easy For Them To Take Away Others' Domains
Re: Re:
On the post: Trademark Lawyers Push For Crazy New Domain Rules Making It Easy For Them To Take Away Others' Domains
Re: Re:
I was merely interested in the issues surrounding personal name domains: not exactly on topic, but related.
On the post: Trademark Lawyers Push For Crazy New Domain Rules Making It Easy For Them To Take Away Others' Domains
Re:
On the post: Trademark Lawyers Push For Crazy New Domain Rules Making It Easy For Them To Take Away Others' Domains
Disclaimers: I'm just a spectator in this war, I don't have an opinion one way or the other. I don't have any opinion on ms. Cox as I don't know her or her activities well enough. I don't like mr. Randazza.
On the post: Lawsuit Against US Copyright Group For Fraud & Extortion Moves Forward
Re:
> Many of the IP tracking firms seem to be German based
There is no such thing as "IP tracking firms": in a nutshell, it is a single poisonous octopus called Guardaley, and all this logisteps, basenprotects and ipp's are just its tentacles. It can be proved easily.
It's possible that I'm not 100% correct: there are many unethical opportunists in every country, and there may be some independent extortion outfits, but the lion share of this shakedown market is Guardaley.
On the post: Lawsuit Against US Copyright Group For Fraud & Extortion Moves Forward
On the post: Artist Sues Sony Music Because Her Artwork Appears In The Background Of A Music Video
On the post: Artist Sues Sony Music Because Her Artwork Appears In The Background Of A Music Video
Re:
On the post: Artist Sues Sony Music Because Her Artwork Appears In The Background Of A Music Video
On the post: Techdirt Deemed Harmful To Minors In Germany
Re: In other news...
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