Techdirt posts continually tout safe harbors and indicate - on more than one occasions - that persons suing should sue the INDIVIDUAL USING the services and NOT the service providers.
This Cohen DID.
Why are you complaining that the bloggers ID was revealed - NOT PUBLICLY - but to COHEN? She can't sue if she can't find out who posted the allegedly offending post. She followed the rules - even the rules that Techdirt advocates - yet now is the product of derision over that choice.
Free speech isn't affected. Anonymous posting has been used as a SHIELD against SLANDER and LIBEL. One could argue that the postings WERE Slanderous and the lawsuit justified and the methods used PROPER.
As I understand it - BlockBuster pays a premium price. A $9.95 DVD consumer wise would cost them $60.00 in order to rent it out.
Perhaps netflix isn't paying the premium. It's bogus anyway.
I think the idea is that rentals are cutting into sales. It's so wrong.
I would spend the "pennies" on the rental for something I have not seen - but not DOLLARS - it's a risk vs Reward proposition. Why risk my dollars? If I truly like it after renting then I'll buy it.
If not then in reality I would have had a $20.00 rental if I purchased it.
Is Itunes the only game in town for the PRE? Why do people WANT to use Itunes with the PRE? To get their music on their device.
Wait - it's not their music. Or is it...
Now from the other side of the aisle -
I own a vending machine line. I sell them. I also own the candy that fits only in my vending machine. Someone makes another machine that can use my candy - while I still sell the Candy, I lose sales of vending machines. I don't want to LOOSE ANY MONEY.
Another article here pointed out that when a competitor loses - you win. This is a WIN for Apple not a loss. If you want to use itunes - get an ipod.
I used a google paid service - postini for spam. With gmail users to help filter spam Google is leveraging their products. Many were acquired - then used intelligently to work together. At any rate - I would argue that at least postini - a paid service - is a great success.
Sadly we have law being CREATED from the bench. However, the declaratory judgment idea is a good one - but he probably doesn't want to spend the time or money to do something unnecessary. It's like getting a judgment that water is wet.
Anyway - if someone really wants to shake things up - then one of the musicians that were sampled, and one that supports fair use, should go ahead and sue.
This would get interesting.
Or perhaps no one on EITHER side wants to upset the apple cart. Sometimes the evil you know is better than the unknown.
The simple solution is for Google to STOP linking/summarizing articles from, oh say, the WSJ and the AP. Once THEY realize the negative impact of that the tune might change....
I listened to the interview - there's a link in this techdirt blog entry.
I actually AGREE with Elizabeth Warren. And I'm no democrat or liberal. The "Argument" helped to have her state her argument in total - and that was a GOOD thing.
In South Korea mobile TV is ubiquitous. This is because the Digital TV receivers are built into the cell phones. No data plan needed. Since it's digital and the signals are broadcast - they watch TV everywhere - all the time - even while driving. Anyway - the holdup for this in the US has been the Analog TV system. Now that we are digital we can add the TV to the cell phones with ease and Mobile TV WILL take off in this country.
Actually this one does make sense. Block a "free" version of the song so you can SELL a version. NIN block makes sense for Apple but not for the reason they gave.
I know how TechDirt makes some cash - the insight community. What about TSD? I guess the question is - short of advertising - how does one go about monetizing content?
As someone who has worked on related systems - I can tell you that this is easy to explain. Tmobile used to have plans that allowed a certain number of free messages then charged for the overage. That's OK. Now comes the word that there is an unlimited plan. The easiest way to change the billing system is to create a new "unlimited" tier. This tier will be at some large number that "no one" will never exceed. Oh say - 100000. Well, I guess we should have made it 900000. Oh well.
You can't replace a newspaper with the internet. At least in the areas you are talking about. TV replaces newspapers. The internet does not. Internet access is far from regular or assured in these communities. Not everyone has or can afford a computer and internet access. How do these people get their information? Probably newspaper and TV. The impact from this closure show how many use the newspaper. The fact that the newspaper went under has LITTLE to do with the internet and more to do with mismanagement and customer service complacency.
I know you twittered about it and scribd answered in a few minutes. Are they following YOU on twitter or could I twitter about scribd and expect some response? I guess I don't "get" twitter - but I don't see how they knew about your tweet in order to respond nor do I understand how they responded. Please explain.
There are some archaic regulations here - changing them is the hard part.
One is that the pilot has the determination of "portable electronic equipment" that may be used on the aircraft.
The second is the pesky $25000 fine for using a cell phone in the air.
This is an FCC penalty. So there are multiple agencies involved.
The whole "interferes with navigation" thing is a red herring thrown at the populace to get them to obey. The $25000 fine ought to be enough. It HAS been levied before.
It's really good and explains why AIG is so important to this mess and how THE ACTUAL PEOPLE getting these bonuses deserve them (NOT) and just how screwed up the actual "bail out" is. It ought to be called a PARDON rather than a bail out.
If you are upset about the bonuses wait till you read this.
On the post: Trademark Lawsuit For Using Kazoos To Quack Like A Duck
Don't they HAVE to do something?
On the post: Tech Columnist Calls Model 'A Hero' For Exposing Anonymous Blogger
Re: Re: Just wondering...
On the post: Tech Columnist Calls Model 'A Hero' For Exposing Anonymous Blogger
Something inconsistent at Techdirt
This Cohen DID.
Why are you complaining that the bloggers ID was revealed - NOT PUBLICLY - but to COHEN? She can't sue if she can't find out who posted the allegedly offending post. She followed the rules - even the rules that Techdirt advocates - yet now is the product of derision over that choice.
Free speech isn't affected. Anonymous posting has been used as a SHIELD against SLANDER and LIBEL. One could argue that the postings WERE Slanderous and the lawsuit justified and the methods used PROPER.
Why all the fuss?
On the post: Hollywood's War With Redbox Expanding To Netflix As Well?
Re: Does everyone pay a cut?
Perhaps netflix isn't paying the premium. It's bogus anyway.
I think the idea is that rentals are cutting into sales. It's so wrong.
I would spend the "pennies" on the rental for something I have not seen - but not DOLLARS - it's a risk vs Reward proposition. Why risk my dollars? If I truly like it after renting then I'll buy it.
If not then in reality I would have had a $20.00 rental if I purchased it.
Anyway - it's a dumb move.
On the post: Apple Does As Many Expected: Kills Palm Pre iTunes Syncing
Itunes and candy
Wait - it's not their music. Or is it...
Now from the other side of the aisle -
I own a vending machine line. I sell them. I also own the candy that fits only in my vending machine. Someone makes another machine that can use my candy - while I still sell the Candy, I lose sales of vending machines. I don't want to LOOSE ANY MONEY.
Another article here pointed out that when a competitor loses - you win. This is a WIN for Apple not a loss. If you want to use itunes - get an ipod.
If you want to eat my candy - buy my machine.
Beat me now.
On the post: Odd Argument: Google Will Lose Out Once Everyone's Comfortable Paying For Stuff
Google paid services
On the post: Shepard Fairey Case Gets More Complex: Mannie Garcia Claims The Photo Is His, Not The AP's
Hold your horses...
http://neveryetmelted.com/wp-images/ObamaLooksUp.jpg
Also - this is transfromative in that a button was added, the background altered, and the face is at a slightly different angle - overlay them to see.
On the post: Why Hasn't The Recording Industry Sued Girl Talk?
Courts defining the law
Anyway - if someone really wants to shake things up - then one of the musicians that were sampled, and one that supports fair use, should go ahead and sue.
This would get interesting.
Or perhaps no one on EITHER side wants to upset the apple cart. Sometimes the evil you know is better than the unknown.
On the post: Judge Posner Recommends Extending Copyright Law To Protect Newspapers
Simple Solution
The simple solution is for Google to STOP linking/summarizing articles from, oh say, the WSJ and the AP. Once THEY realize the negative impact of that the tune might change....
On the post: Can Scraping Non-Infringing Content Become Copyright Infringement... Because Of How Scrapers Work?
What about Google?
On the post: Is It Really So Wrong For A Reporter To Have An Opinion?
Opinion and reporting
I actually AGREE with Elizabeth Warren. And I'm no democrat or liberal. The "Argument" helped to have her state her argument in total - and that was a GOOD thing.
On the post: Now, It's The Next World Cup That Will Make Mobile TV A Success
You missed the boat
On the post: Wait, So The iPhone's Browser Can Access The Sun's Page 3... But If Another App Does, It's Obscene?
Re:
Blocking page3 is silly.
On the post: The Straight Dope On Why Charging For News Online Is A Bad Idea
Getting paid for content
On the post: Customer Discovers T-Mobile's 'Unlimited' SMS Plan Not So Unlimited Thanks To $26,000 Bill
Not so strange
On the post: Does Apple Own The Copyright On A File You Create Via iTunes?
now you have done it
On the post: Revisiting Newspapers' Role In Democracy: New Research Suggests An Impact
The internet is far from ubiquitous
On the post: Going Too Far In Kowtowing To Copyright Holders
scribd response
I know you twittered about it and scribd answered in a few minutes. Are they following YOU on twitter or could I twitter about scribd and expect some response? I guess I don't "get" twitter - but I don't see how they knew about your tweet in order to respond nor do I understand how they responded. Please explain.
Thanks.
On the post: 10,000 In-Flight Cell Calls In Europe: No Crashes, No Terrorist Attacks
FAA vs FCC
One is that the pilot has the determination of "portable electronic equipment" that may be used on the aircraft.
The second is the pesky $25000 fine for using a cell phone in the air.
This is an FCC penalty. So there are multiple agencies involved.
The whole "interferes with navigation" thing is a red herring thrown at the populace to get them to obey. The $25000 fine ought to be enough. It HAS been levied before.
On the post: Populist Outrage Over AIG Bonuses Scaring Private Investors Away From Buying Toxic Assets
Outrage not enough
http://www.rollingstone.com/politics/story/26793903/the_big_takeover/
It's really good and explains why AIG is so important to this mess and how THE ACTUAL PEOPLE getting these bonuses deserve them (NOT) and just how screwed up the actual "bail out" is. It ought to be called a PARDON rather than a bail out.
If you are upset about the bonuses wait till you read this.
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