Different political cultures respond in different ways.
Extreme Liberal Post
Conservative Response: Rawr Rawr Snowflake
Liberal Response to Conservative: RACIST, FASCIST! HOW DARE FACEBOOK POST THIS!
Extreme Conservative Post
Liberal Response: I don't like that...
Conservative Response: CENSORSHIP! BIAS! QUIT ATTACKING ME! MOM, FACEBOOK IS BEING MEAN AGAIN!
End of the day, they are both ending up killing the messenger... so... bipartisan agreement? /s
Unfortunately, I don't see how the court will side with IA on this... I agree completely this SHOULD be legal in theory, but it always seemed that their argument of relaxing the 1:1 was just asking for trouble. What would stop literally anyone from doing this for any justification in the future? Remember, there is precedent being set and I can't imagine any court will stick their neck out as far to say "well, it was okay because of unprecedented circumstances" and have it survive up through the Supreme Court. It's more likely going to be "It Quacks Like a Duck" and killed like Aereo.
WITH THAT BEING SAID -- I would like to see the specifics of how many times that 1:1 ratio was actually overused... I can't imagine that many times; even with the scale of the internet, I can't imagine that too many of the wait lists were improperly accessed given the age of the books that were released.
Since this is not a class-action, and the works in question are specifically called out in the lawsuit, AND they offered and opt-out, I would hope a judge would not see this as 'willful infringement' and instead see this as a business model gone bad and just a light wrist strap at worse (obviously a win would be better). Also the fact that IA isn't charging for it should work in their favor, though the lawyers seem to be tipping their hand to overcome that obstacle.
Fine, if we want to play 'whataboutisms' of the bible, let's talk escalating conflict before you get a radical change...
God turned water into blood -- pharaoh didn't care
God sent plague -- pharaoh didn't care
God sent pestilence -- pharaoh didn't care
God finally said 'screw it...' first born children are killed -- pharaoh finally cared released the enslaved Jewish people.
Let's just hope that this particular time in our history doesn't escalate that far before we learn our lesson.
... my mother has the privilege of playing it cool because society tells her that cops aren't going to kill her in a confrontation. Whereas a black man you have cops shooting them for damn near any reason they so choose. I'm sure you have forgotten about Philando Castile who DID EVERYTHING RIGHT AND WAS STILL KILLED FOR IT... I'm sure many people in the black community have not.
At a certain point the cost:benefit ratio of allowing policies of status-quo racism to exist will not outweigh the damage.
Unfortunately, we are a nation that is 'reactive' not 'proactive'. If we were, we'd have invested in infrastructure... we now have crumbling dams. We'd have invested in stopping climate change... now we have mega-droughts and supersized hurricanes. The list goes on...
If the cost of riots are so expensive, the issue of racial inequality just can't be ignored. You are FORCED to react. Once it gets so bad, maybe... just maybe... policies won't just be whitewashed and actually have some meaning.
Definitely an insightful point, but the great part about TD is if you want to post something that might be controversial here is we have the shield of anonymity if we want it. Don't censor yourself because of possible backlash; just say it anonymously. The entire platform of ideas gets better when we have diverse viewpoints. It keeps us honest, even if it does feel like yelling into the wind!
But even Jesus entered the temple and began flipping the tables of the amoral money changers... So while I agree with your point, Jesus also points the way. When you see something so grotesque and amoral -- do something. Act.
Consider that if George Floyd hadn't committed a crime in the first place none of this would have happened. He is not an innocent victim.
This is absolutely bullshit. You assume because he passed a counterfeit bill that he is guilty? My white mom had paid with cash at a grocery store a few years ago. She gets her cash only from the bank. It came up as counterfeit. She was pulled aside, cops were called, she explained that she had no idea because the bill looked legit. The cop said it happens sometimes and that the bill was a good one. She left alive... probably because she was a middle-aged white woman and not a black guy...
Educate yourself before you spout off racist nonsense...
Re: Re: Swallowing pride can go a long way in healing
I Agree completely. The fact that these 'bright shining examples' are so infrequent is a testament to how much work we the people still need to do to make this a more perfect union... a 250 year work in progress.
Some incidents flared and became violent with rioting and looting. Others remained peaceful. The 'hotspots' were in all the usual cities... where cops have misbehaved and lost the trust of the community.
But other cities did't have the same responses. Some of the best examples would be cops willing to listen to protesters and agree that they aren't on opposing sides. Walking with protesters, kneeling with them; Showing them that they are just as appalled by this as they are. Reminding them that we are all humans and no one, regardless of sex, age, religion, or race deserve this treatment.
This is something that is all too rare. As much as we talk about "Community Policing", we sure don't do enough of it. Being apart of the community engenders trust and dialogue... Rolling around in tanks and riot gear shooting innocent civilians on their doorstep yelling "Light 'em up" doesn't send the same message.
Agreed on the 'black box' for court cases in instances like "Predictive Analytics" that law enforcement uses -- that is a great point. Those SHOULD be allowed to be audited and should be. But that is very specific product that isn't necessarily law that should be expanded to the entire internet! Some jerk shouldn't be allowed to sue Google for a racist algorithm just to get a peek (there are lawsuits that have done this with other types of trade secrets).
That is what makes this hard... just because we do something on the internet or with 'software' doesn't mean that we can fit it all into the same box. I would rather see a separate bill carved out specifically for those types of programs/problems rather than a catch-all for the entirety of the internet.
Again... something as complex as Google or Amazon's recommendation engine probably isn't just one algorithm sitting in one box somewhere that you can ask Brett in the dev department to explain. These are big, multi-application, multi-team endeavors and most of the time one hand doesn't know what the other is doing.
p.s. I work in dev, so I have a 'front-line' view of the chaos that is making products at scale. Lots of chaos. I think sometimes people think these software giants are doing nefarious things when in reality, it is just people doing a job and not fully understanding the consequences... Hindsight is 20/20 and all...
It requires companies to assess their algorithms to detect whether they result in biased results and to fix problems they find.
I'm not sure that I like how 'vague' this is by it's very nature. It is kind of like saying "don't post pornography"... then banning women for breast feeding tutorials. This section of your proposal has the "I'll know it when I see it" and all too often, someone may come along and say "hey, this is racist if you look at it using this super-specific lens you never considered".
No matter how good of intentioned this section of your bill is, there will never be consensus on moderation choices (see: Masnick's Impossibility Theorem), much less come up with some standard anyone can comprehend or similarly enforce. The more complex the system, the harder it is to know of edge cases (see: US Tax Law).
Also... lots of times people think of algorithms as one piece of logic, not the cascading of thousands of interdependent applications that end up getting a result to your computer. Tiny, insignificant changes can lead to huge, titanic shifts...
Remember, that algorithms are 'speech' and that is protected... so First Amendment and all that...
Agree with you mostly, and think you are a thoughtful and great leader of our time. #Wyden2020
So... why would this not be the PERFECT case to force some teeth to 512(f)? I think the defamation is a bit hard to prove, but the 512(f) should have been a slam dunk since it was removed and was blatantly NOT infringing.
Of course... then you'd have lawyers debating the finer points of wolf-kink erotica in countless court rooms across the country when explaining the case-law... which is just an added bonus if you ask me.
While I am sure this was just an accident and a case of overzealous automation, I could imagine that a lawsuit could be crafted saying that Google is using it's dominant market position to harm a competitor. Have to love the double standard Google has for itself and other apps.
How is it that Elliot Capital, which owns just about 1.5% of AT&T stock have such strong influence on the company? I mean, I get that is a lot of money, but having just that much of a company lets you PICK THE CEO? Are you kidding me?! What is going on here? America, Explain!
Don't say landlord! Copyright cops don't like it when you say landlord! He's sorry. He didn't know any better. It just happened once, officer. He promises not to do it again. We'll be going now...
As a software developer, do I have 'standing' to sue?
The biggest problem I see with this is getting a court to take up a case to slap them down. We will have to wait for these shit patents to be used to 'sue' someone, then that person has to get it appealed all the way through their district, THEN another suit has to happen in ANOTHER district that has the OPPOSITE conclusion before the Supreme Court will hear this again to tell them to cut it out... but given the brazen disregard for "settled law" lately, who knows what they would rule this time.
Kinda wish there was a faster way to get this re-litigated than waiting half a decate, but until then... RELEASE THE TROLLS!
Colorado has vote by mail... and it isn't pandemonium
I find it so hilarious at how 'politicized' vote by mail has become. I have literally voted for every election in the last decade by mail in Colorado. I'm not disabled. I'm not doing anything special. I just registered to vote and they ship me all my ballots (local, state, national). No one here is crying foul. No large scale voter fraud schemes have ever been uncovered. Nothing... I swear, some people think this is a "new" idea that we are just going to "try" real quick and "rush" it in to help the libs pwn the reps (even though stats skew the other way... but whatever...). This is a matter of settled fact... Voting by mail is nothing special. Just allow it and quit being partisan for partisan sakes.
On the post: If The NY Times Doesn't Publish My OpEd On Why James Bennet Is An Incompetent Dweeb, It Must Hate Free Speech
Different political cultures respond in different ways.
Extreme Liberal Post
Conservative Response: Rawr Rawr Snowflake
Liberal Response to Conservative: RACIST, FASCIST! HOW DARE FACEBOOK POST THIS!
Extreme Conservative Post
Liberal Response: I don't like that...
Conservative Response: CENSORSHIP! BIAS! QUIT ATTACKING ME! MOM, FACEBOOK IS BEING MEAN AGAIN!
End of the day, they are both ending up killing the messenger... so... bipartisan agreement? /s
On the post: Major Publishers Sue The Internet Archive's Digital Library Program In The Midst Of A Pandemic
Unfortunately, I don't see how the court will side with IA on this... I agree completely this SHOULD be legal in theory, but it always seemed that their argument of relaxing the 1:1 was just asking for trouble. What would stop literally anyone from doing this for any justification in the future? Remember, there is precedent being set and I can't imagine any court will stick their neck out as far to say "well, it was okay because of unprecedented circumstances" and have it survive up through the Supreme Court. It's more likely going to be "It Quacks Like a Duck" and killed like Aereo.
WITH THAT BEING SAID -- I would like to see the specifics of how many times that 1:1 ratio was actually overused... I can't imagine that many times; even with the scale of the internet, I can't imagine that too many of the wait lists were improperly accessed given the age of the books that were released.
Since this is not a class-action, and the works in question are specifically called out in the lawsuit, AND they offered and opt-out, I would hope a judge would not see this as 'willful infringement' and instead see this as a business model gone bad and just a light wrist strap at worse (obviously a win would be better). Also the fact that IA isn't charging for it should work in their favor, though the lawyers seem to be tipping their hand to overcome that obstacle.
On the post: Wisconsin Court Dumps Conviction Of Middle School Kid Who Drew A Picture Of A Bomb
Just glad they never saw the depraved cartoons we drew in high school...
On the post: Let's Stop Pretending Peaceful Demonstrations Will Fix The System. 'Peace Officers' Don't Give A Shit About Peace.
Re: Re: Re:
Fine, if we want to play 'whataboutisms' of the bible, let's talk escalating conflict before you get a radical change...
God turned water into blood -- pharaoh didn't care
God sent plague -- pharaoh didn't care
God sent pestilence -- pharaoh didn't care
God finally said 'screw it...' first born children are killed -- pharaoh finally cared released the enslaved Jewish people.
Let's just hope that this particular time in our history doesn't escalate that far before we learn our lesson.
On the post: Let's Stop Pretending Peaceful Demonstrations Will Fix The System. 'Peace Officers' Don't Give A Shit About Peace.
Re: Re: First and foremost... fuck off...
... my mother has the privilege of playing it cool because society tells her that cops aren't going to kill her in a confrontation. Whereas a black man you have cops shooting them for damn near any reason they so choose. I'm sure you have forgotten about Philando Castile who DID EVERYTHING RIGHT AND WAS STILL KILLED FOR IT... I'm sure many people in the black community have not.
On the post: Let's Stop Pretending Peaceful Demonstrations Will Fix The System. 'Peace Officers' Don't Give A Shit About Peace.
Re:
At a certain point the cost:benefit ratio of allowing policies of status-quo racism to exist will not outweigh the damage.
Unfortunately, we are a nation that is 'reactive' not 'proactive'. If we were, we'd have invested in infrastructure... we now have crumbling dams. We'd have invested in stopping climate change... now we have mega-droughts and supersized hurricanes. The list goes on...
If the cost of riots are so expensive, the issue of racial inequality just can't be ignored. You are FORCED to react. Once it gets so bad, maybe... just maybe... policies won't just be whitewashed and actually have some meaning.
On the post: Let's Stop Pretending Peaceful Demonstrations Will Fix The System. 'Peace Officers' Don't Give A Shit About Peace.
Re: Echo Chamber
Definitely an insightful point, but the great part about TD is if you want to post something that might be controversial here is we have the shield of anonymity if we want it. Don't censor yourself because of possible backlash; just say it anonymously. The entire platform of ideas gets better when we have diverse viewpoints. It keeps us honest, even if it does feel like yelling into the wind!
On the post: Let's Stop Pretending Peaceful Demonstrations Will Fix The System. 'Peace Officers' Don't Give A Shit About Peace.
Re:
But even Jesus entered the temple and began flipping the tables of the amoral money changers... So while I agree with your point, Jesus also points the way. When you see something so grotesque and amoral -- do something. Act.
On the post: Let's Stop Pretending Peaceful Demonstrations Will Fix The System. 'Peace Officers' Don't Give A Shit About Peace.
First and foremost... fuck off...
This is absolutely bullshit. You assume because he passed a counterfeit bill that he is guilty? My white mom had paid with cash at a grocery store a few years ago. She gets her cash only from the bank. It came up as counterfeit. She was pulled aside, cops were called, she explained that she had no idea because the bill looked legit. The cop said it happens sometimes and that the bill was a good one. She left alive... probably because she was a middle-aged white woman and not a black guy...
Educate yourself before you spout off racist nonsense...
On the post: Let. The Motherfucker. Burn.
Re: Re: Swallowing pride can go a long way in healing
I Agree completely. The fact that these 'bright shining examples' are so infrequent is a testament to how much work we the people still need to do to make this a more perfect union... a 250 year work in progress.
On the post: Let. The Motherfucker. Burn.
Swallowing pride can go a long way in healing
Some incidents flared and became violent with rioting and looting. Others remained peaceful. The 'hotspots' were in all the usual cities... where cops have misbehaved and lost the trust of the community.
But other cities did't have the same responses. Some of the best examples would be cops willing to listen to protesters and agree that they aren't on opposing sides. Walking with protesters, kneeling with them; Showing them that they are just as appalled by this as they are. Reminding them that we are all humans and no one, regardless of sex, age, religion, or race deserve this treatment.
This is something that is all too rare. As much as we talk about "Community Policing", we sure don't do enough of it. Being apart of the community engenders trust and dialogue... Rolling around in tanks and riot gear shooting innocent civilians on their doorstep yelling "Light 'em up" doesn't send the same message.
On the post: Ron Wyden: It's Time Congress Helped Americans Protect Their Privacy
Re: Re: Mostly agree but..
Agreed on the 'black box' for court cases in instances like "Predictive Analytics" that law enforcement uses -- that is a great point. Those SHOULD be allowed to be audited and should be. But that is very specific product that isn't necessarily law that should be expanded to the entire internet! Some jerk shouldn't be allowed to sue Google for a racist algorithm just to get a peek (there are lawsuits that have done this with other types of trade secrets).
That is what makes this hard... just because we do something on the internet or with 'software' doesn't mean that we can fit it all into the same box. I would rather see a separate bill carved out specifically for those types of programs/problems rather than a catch-all for the entirety of the internet.
Again... something as complex as Google or Amazon's recommendation engine probably isn't just one algorithm sitting in one box somewhere that you can ask Brett in the dev department to explain. These are big, multi-application, multi-team endeavors and most of the time one hand doesn't know what the other is doing.
p.s. I work in dev, so I have a 'front-line' view of the chaos that is making products at scale. Lots of chaos. I think sometimes people think these software giants are doing nefarious things when in reality, it is just people doing a job and not fully understanding the consequences... Hindsight is 20/20 and all...
On the post: Ron Wyden: It's Time Congress Helped Americans Protect Their Privacy
Mostly agree but..
I'm not sure that I like how 'vague' this is by it's very nature. It is kind of like saying "don't post pornography"... then banning women for breast feeding tutorials. This section of your proposal has the "I'll know it when I see it" and all too often, someone may come along and say "hey, this is racist if you look at it using this super-specific lens you never considered".
No matter how good of intentioned this section of your bill is, there will never be consensus on moderation choices (see: Masnick's Impossibility Theorem), much less come up with some standard anyone can comprehend or similarly enforce. The more complex the system, the harder it is to know of edge cases (see: US Tax Law).
Also... lots of times people think of algorithms as one piece of logic, not the cascading of thousands of interdependent applications that end up getting a result to your computer. Tiny, insignificant changes can lead to huge, titanic shifts...
Remember, that algorithms are 'speech' and that is protected... so First Amendment and all that...
Agree with you mostly, and think you are a thoughtful and great leader of our time. #Wyden2020
On the post: How A Feud Among Wolf-Kink Erotica FanFic Authors Demonstrates What The Copyright Office Got Wrong In Its DMCA Report
Re: Re: '... you want me to explain what now?'
So... why would this not be the PERFECT case to force some teeth to 512(f)? I think the defamation is a bit hard to prove, but the 512(f) should have been a slam dunk since it was removed and was blatantly NOT infringing.
Of course... then you'd have lawyers debating the finer points of wolf-kink erotica in countless court rooms across the country when explaining the case-law... which is just an added bonus if you ask me.
On the post: Content Moderation At Scale Is Impossible: Google Removes Podcast Addict From Play Store Because It Has COVID-19 Related Podcasts
While I am sure this was just an accident and a case of overzealous automation, I could imagine that a lawsuit could be crafted saying that Google is using it's dominant market position to harm a competitor. Have to love the double standard Google has for itself and other apps.
On the post: New AT&T CEO Says You're A Moron If You Don't Use AT&T Streaming Services
How is it that Elliot Capital, which owns just about 1.5% of AT&T stock have such strong influence on the company? I mean, I get that is a lot of money, but having just that much of a company lets you PICK THE CEO? Are you kidding me?! What is going on here? America, Explain!
On the post: Remix Culture Done Right: Wes Tank Mashes Up Dr. Seuss With Dr. Dre (And So Far The Copyright Police Have Left Him Alone)
Re: from opt-in-to-opt-out
Don't say landlord! Copyright cops don't like it when you say landlord! He's sorry. He didn't know any better. It just happened once, officer. He promises not to do it again. We'll be going now...
On the post: US Patent Office: Supreme Court Made Us Reject More Patents, But We've Now Fixed That And Are Back To Approving Bad Patents
As a software developer, do I have 'standing' to sue?
The biggest problem I see with this is getting a court to take up a case to slap them down. We will have to wait for these shit patents to be used to 'sue' someone, then that person has to get it appealed all the way through their district, THEN another suit has to happen in ANOTHER district that has the OPPOSITE conclusion before the Supreme Court will hear this again to tell them to cut it out... but given the brazen disregard for "settled law" lately, who knows what they would rule this time.
Kinda wish there was a faster way to get this re-litigated than waiting half a decate, but until then... RELEASE THE TROLLS!
On the post: Famed Law Professor Richard Epstein's Ever Changing Claims About How Many People Will Die From COVID-19
Re: How's that saying go, 'Christ what an asshole'?
We elected Trump... we get the people we deserve.
On the post: Texas Attorney General's Office Says It Can Toss People In Jail For Suggesting Coronavirus Fears Are A Legit Reason To Vote From Home
Colorado has vote by mail... and it isn't pandemonium
I find it so hilarious at how 'politicized' vote by mail has become. I have literally voted for every election in the last decade by mail in Colorado. I'm not disabled. I'm not doing anything special. I just registered to vote and they ship me all my ballots (local, state, national). No one here is crying foul. No large scale voter fraud schemes have ever been uncovered. Nothing... I swear, some people think this is a "new" idea that we are just going to "try" real quick and "rush" it in to help the libs pwn the reps (even though stats skew the other way... but whatever...). This is a matter of settled fact... Voting by mail is nothing special. Just allow it and quit being partisan for partisan sakes.
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