Thanks for the tour, TAC. And congratulations on your promotion, although I'm not sure whether the promotion was to "Lt." or "Hand puppet"?
Anyway, it was a well written and engaging tour, and I enjoyed reading it. Although ending with the thought: "That Anonymous Coward took me for a ride" was somewhat... unsettling.
As for plagarism, a single professor might feel that way. But left unchecked, most students would just breeze through essays without effort, copying from online sources and passing off the work as their own, coming out of the classes without the true understanding of the material.
The point the professor, and the article, were trying to make was that even though plagiarism exists, settling for dishing out simplistic essays that can be easily fudged then spending all your time and effort fighting the plagiarism is futile, and lessens the experience for the students. The point is to route around (change the business model, so to speak) the system that encourages plagiarism. Rather than leaving it to rage unchecked, make it easier to pass without plagiarism.
The professor argued that instead, the teacher could focus on providing a more interactive and stimulating learning environment, where marking doesn't rely on proforma essays, but on things like group work, peer evaluated work, peer presentations, etc - things that can not easily be fudged.
A teaching strategy where you spend all the time fighting your students leads to student dissatisfaction and disenfranchisement. A good teaching strategy encourages student input and rewards engagement creates student stimulation and discourages plagiarism.
From a teacher's perspective, students will almost always learn more from a constructivist class. A class that allows them to interact with the material, try out different theories, and make meaning as they go, will result in a much better understanding than absorbing very little from lectures/notes and regurgitating it back. Essays have their place, but the more proforma, the less effective.
First they came for the "hackers", and I didn't speak out because I wasn't a "hacker."
Then they came for the file sharers, and I didn't speak out because I wasn't a file sharer.
Then came for the Gibson guitars, and I didn't speak out because it wasn't my guitar.
Then they came for the people with video cameras ...
Who knows what it will be when they come for me ... but I hope there will be someone to speak freely ...
Well, there might be someone to speak out for you. Unfortunately, it won't be recorded, set to a poignant soundtrack, uploaded and disseminated, so the chances of someone hearing said speech are slim to none..
Although the RIAA towing the party line is a nice visual. Unfortunately they'd probably move it to a worse position, rather than a more beneficial one.
I'm having trouble understanding how this could even qualify for either patent or trademark? Surely using stitching in a basic geometric shape in a manner that has been around for centuries (hence: quilting) couldn't possibly qualify for either? Or am I confusing the law with common sense again?
Where is the world coming to when you can no longer extort those of lesser means? Soon we in the nobility will have to do actual work like some common pleb. Shocking. Someone should buy som legislation about that.
Unfortunately that is not what has happened. I would love one of the judges to slam it as being extortion, or more outcomes like Mahan's fair use ruling, that put some decent restrictions on these types of cases into case law. While losing cases on legal technicalities is preferable to them winning, it doesn't leave any rulings on the actual nature of such cases, or on the copyright laws themselves, as precedent.
Re: Why is there a need for a cross-border license?
As a Canadian, I run into this all the time. Companies have thrown up roadblocks to anyone outside of the US from watching their content online.
Now as a Netflix subscriber, I can say that I am happy to pay a reasonable fee for content. What I don't understand is what is the economical strategy for restrictions across the border? Is it actually costing companies more money to stream content to Canada vs the US? It seems like a simple solution to me: open up licenses to cover Canada and you have immediately increased your potential customer base by millions. As others have pointed out already, if you don't offer the service/content here...are you actually losing money when it is pirated in that country?
ITA. I'm an Aussie, and we very little online streaming (not even Netflix or Spotify, unless they've changed since I last checked).
As to why - the network execs and studios only see the money they are making NOW. They can't get past that to see that the system is changing, and this income stream, while profitable now, isn't going to stay stable. If they could do that, they may start looking towards future systems. Until then, we keep bashing our heads against a brick wall, or using a proxy to get around the wall.
Re: If these documents aren't publicly available without JSTOR...
then you're just plain saying that librarians don't deserve to be paid. -- Yes, I know and admit the sources and how it's "free" information. But the storing, cataloging, keeping the equipment humming, and lights on so that it's always available ain't free, and while I certainly object to the /high price/, that there /should/ be /some/ fee paid to the librarians for services seems absolutely solid.
You realise you just justified the Pirate Bay and similar sites running ads and recieving donations, right? We knew you'd get it eventually.
There is nothing more frustrating than having to deal with these companies who want to charge $30+ for access to a single journal article. What's worse is they had no hand in the research, creating the article or editing it.
Especially when the summary doesn't always give you enough information to tell whether the research is going to be suited to your needs. I recall paying $20 for an article that seemed promising - only to discover that the part that interested me was two paragraphs, poorly supported, at the very end of the three page article.
If you are accused of DMCA takedown abuse, you may use one of the following pre-defined defenses:
i) Misidentification of Account - the "it wasn't me" defense.
ii) Unauthorised Use of Account - the "damn pirates hacked us" defense.
iii) Authorisation - the "DMCA takedown request was authorised by management, who are totally clueless as to the correct usage" defense.
iv) Fair Use - the "they're damn pirates, so our use of DMCA was fully justified" defense.
v) Go on - plead the fifth. We dare you.
vi) Misidentification of File - the "we actually meant to take down someone else's totally legal content" defense.
vii) Work Published Before 1923 - the "issuing the DMCA was not copyright bullying, but simply conceding the fact that there is no such thing as 'public domain'" defense.
To: Techdirt Fictional Legal Defence Team
From: Caters Imaginary Legal Defence Team
Dear Mr. Helmet,
Salutations as well, oh Dark Armoured One!
(You really should get some sun).
I believe my colleague did previously address
At least some of your concerns regarding the Techdirt mess.
But now you now have an additional client
Who's rights and freedoms I'm sworn to prevent.
I hold, in deepest regard, poor Bobo's feelings.
Please convey my apologies (when he comes down off the ceiling).
Please inform him at once, and put this on tape-
He cannot hold copyright as he is an ape.
And while in the photo he has a charming smile,
His case is little more than a steaming pile.
Oh, and on the issue of copyrights let me just mention,
That Bono and Queen both need attention.
Please pay Queen a license fee, it's not that tough,
And pay Bono millions - just saying his name is enough.
Now, to clear up a small point of confusion.
You seem to be suffering from some strange delusion
That copyright was invented to enrich culture!
Sorry - but no! It exists to feed vultures.
Of course copyrights only exist in society
For fatcats like me to claim proprietary.
When some poor clueless innocent schmuck
Like my client (who's blood I suck)
Comes crying to me when in deep waters
After claiming more rights than he really ought to.
Do we turn artists into junkies? Of course we do!
When they're strung out and desperate they're easy to rule!
Lawyers like you in your flowing black cape,
Who refuse to be beat, bend over and rape
The poor little artists strung out on dreams
Are really on the losing team.
For now, however, I'll concede a point.
(At least until we can appoint
Another well-paid politician to fight for our cause
By sneaking in an innocuous clause),
That damages from the simian you defend
May not even cover my considerable stipend.
But don't for a moment think you've got me over a barrel.
I'll drop this matter, but quid pro quo - you get to keep Daryl.
Regards (and bananas for your simian friend),
From a Clueless Lawyer with a Dumbass Client to defend.
Surely setting alight a paper bag filled with monkey poo is more appropriate for this situation? One must always strive for the appropriate response in a civilized society.
Sort of. There are some initial contracts (like with a mobile phone carrier) but after that you just pay on a monthlty basis. The packages are graded (little bandwidth, low speed cheapest > high bandwidth, high speeds cost more).
So it isn't quite pay as you go, but yes, we're not locked into long term contracts as a general rule. That said, there are only so many ISPs. When the majors inevitably fold (to stay in the government's good books, so they get lucrative deals on the new National Broadband Network currently underway), then the smaller players will follow suit.
Still hoping this doesn't happen, and they follow iiNet's lead and tell AFACT where to go. :)
To: Bobo the macaque monkey
From: Caters Imaginary Legal Defence Team
Dear Bobo,
Thank you for your lovely letter,
A human couldn't have done it better!
We think it's cute that you wrote,
But sorry, you don't get a vote.
You are not a human, or US citizen
So you do not get an opinion.
We're willing to talk with you alone.
Damn shame you can't work a mobile phone!
Let me instruct you on how copyright works.
You take the photo and sign it over to jerks
Who have the cash to buy you out,
(Not to mention political clout).
So take your copyright, and your poo,
And pack your bags, I've called the Zoo.
Thanks for playing, but now you see,
You can't afford a lawsuit with ME!
To: Techdirt Ficticious Legal Counsel
From: Caters Imaginary Legal Defence Team
Dear Mr. Helmet,
I am writing to you at my client's behest
Regarding your denial of takedown request.
With all due respect we believe you are mistaken
And we intend to commence litigation.
Your claims of Fair Use seem misguided.
For this, you will be fiscally chided.
For those of us on the PRO IP scene
Fair Use is a freetard's misguided wet dream.
We refute it's existence, and furthermore
Think those who claim it simply whore
Our legally owned art. We demand money
For our copyrighted work (or produce the monkey
And prove he is the author of said art.
We'll sue him too, we have no heart).
Take down the content and give us money
This isn't a joke, it isn't funny.
Stick it up our caboose? Go to Hell!
We'll return the favour and sue you as well.
In regards to your comments of flinging legal poo
Bring it on (ducking shit is what we do).
PS: Our client doesn't know this Betty Boop,
But if she even looks at our photo, we'll sue her too.
Regards: Clueless Idiot with a Law Degree,
On behalf of Clueless Idiots without one.
It's a prelude to the inevitable patent/copyright debacle when person A (makers of the roadable aircraft) sues person B (silly fool who dares to make his/her own version) for infringement.
On the post: Entertainment Industry's Coordinated Effort To Blame Third Parties Taking Shape
Re: Re: "Nothing in this will make anyone want to buy." -- So?
I know! They'll force you to buy by taking away your means of.. umm.. payment..
Oh. Never mind.
On the post: That Anonymous Coward's Favorite Techdirt Posts Of The Week
Anyway, it was a well written and engaging tour, and I enjoyed reading it. Although ending with the thought: "That Anonymous Coward took me for a ride" was somewhat... unsettling.
On the post: That Anonymous Coward's Favorite Techdirt Posts Of The Week
Re: Re: Re:
The point the professor, and the article, were trying to make was that even though plagiarism exists, settling for dishing out simplistic essays that can be easily fudged then spending all your time and effort fighting the plagiarism is futile, and lessens the experience for the students. The point is to route around (change the business model, so to speak) the system that encourages plagiarism. Rather than leaving it to rage unchecked, make it easier to pass without plagiarism.
The professor argued that instead, the teacher could focus on providing a more interactive and stimulating learning environment, where marking doesn't rely on proforma essays, but on things like group work, peer evaluated work, peer presentations, etc - things that can not easily be fudged.
A teaching strategy where you spend all the time fighting your students leads to student dissatisfaction and disenfranchisement. A good teaching strategy encourages student input and rewards engagement creates student stimulation and discourages plagiarism.
From a teacher's perspective, students will almost always learn more from a constructivist class. A class that allows them to interact with the material, try out different theories, and make meaning as they go, will result in a much better understanding than absorbing very little from lectures/notes and regurgitating it back. Essays have their place, but the more proforma, the less effective.
On the post: Taoareyou's Favorite Techdirt Posts Of The Week
Re:
Well, there might be someone to speak out for you. Unfortunately, it won't be recorded, set to a poignant soundtrack, uploaded and disseminated, so the chances of someone hearing said speech are slim to none..
On the post: Out With The Old... In With The Older At The RIAA
Re: Re: Re:
On the post: Judge Waxes Comedic On Whether You Can Trademark Quilted Diamonds On Toilet Paper
Confused
On the post: Yet Another Judge Rejects Yet Another Righthaven Case
Unfortunately that is not what has happened. I would love one of the judges to slam it as being extortion, or more outcomes like Mahan's fair use ruling, that put some decent restrictions on these types of cases into case law. While losing cases on legal technicalities is preferable to them winning, it doesn't leave any rulings on the actual nature of such cases, or on the copyright laws themselves, as precedent.
On the post: Writer Explains How Copyright Has Prevented Her From Ever Seeing TV Shows She Wrote
Re: Why is there a need for a cross-border license?
ITA. I'm an Aussie, and we very little online streaming (not even Netflix or Spotify, unless they've changed since I last checked).
As to why - the network execs and studios only see the money they are making NOW. They can't get past that to see that the system is changing, and this income stream, while profitable now, isn't going to stay stable. If they could do that, they may start looking towards future systems. Until then, we keep bashing our heads against a brick wall, or using a proxy to get around the wall.
On the post: Aaron Swartz Indictment Leading People To... Upload JSTOR Research To File Sharing Sites
Re: If these documents aren't publicly available without JSTOR...
You realise you just justified the Pirate Bay and similar sites running ads and recieving donations, right? We knew you'd get it eventually.
On the post: Aaron Swartz Indictment Leading People To... Upload JSTOR Research To File Sharing Sites
Re:
Especially when the summary doesn't always give you enough information to tell whether the research is going to be suited to your needs. I recall paying $20 for an article that seemed promising - only to discover that the part that interested me was two paragraphs, poorly supported, at the very end of the three page article.
On the post: Is Universal Music Using Bogus DMCA Takedowns As A Negotiating Tactic?
Re: Takedowns
i) Misidentification of Account - the "it wasn't me" defense.
ii) Unauthorised Use of Account - the "damn pirates hacked us" defense.
iii) Authorisation - the "DMCA takedown request was authorised by management, who are totally clueless as to the correct usage" defense.
iv) Fair Use - the "they're damn pirates, so our use of DMCA was fully justified" defense.
v) Go on - plead the fifth. We dare you.
vi) Misidentification of File - the "we actually meant to take down someone else's totally legal content" defense.
vii) Work Published Before 1923 - the "issuing the DMCA was not copyright bullying, but simply conceding the fact that there is no such thing as 'public domain'" defense.
On the post: Supporter Of Fashion Copyright Accused Of Plagiarizing Other Supporter Of Fashion Copyright
On the post: Once Again, Law Enforcement Protects Us From The America-Destroying Scourge Of Children With Lemonade Stands
Re: Re: Lessons
On the post: It's Baaaaaaack, Yet Again: Totally Pointless, Unnecessary & Damaging Fashion Copyright Bill Returns
Re: Re: Prison Population Update--does the tedium continue?
Anyway, it was well said.
On the post: Monkeys Don't Do Fair Use; News Agency Tells Techdirt To Remove Photos
Re: Re: Re: Re: Re: Re: Just a thought!
From: Caters Imaginary Legal Defence Team
Dear Mr. Helmet,
Salutations as well, oh Dark Armoured One!
(You really should get some sun).
I believe my colleague did previously address
At least some of your concerns regarding the Techdirt mess.
But now you now have an additional client
Who's rights and freedoms I'm sworn to prevent.
I hold, in deepest regard, poor Bobo's feelings.
Please convey my apologies (when he comes down off the ceiling).
Please inform him at once, and put this on tape-
He cannot hold copyright as he is an ape.
And while in the photo he has a charming smile,
His case is little more than a steaming pile.
Oh, and on the issue of copyrights let me just mention,
That Bono and Queen both need attention.
Please pay Queen a license fee, it's not that tough,
And pay Bono millions - just saying his name is enough.
Now, to clear up a small point of confusion.
You seem to be suffering from some strange delusion
That copyright was invented to enrich culture!
Sorry - but no! It exists to feed vultures.
Of course copyrights only exist in society
For fatcats like me to claim proprietary.
When some poor clueless innocent schmuck
Like my client (who's blood I suck)
Comes crying to me when in deep waters
After claiming more rights than he really ought to.
Do we turn artists into junkies? Of course we do!
When they're strung out and desperate they're easy to rule!
Lawyers like you in your flowing black cape,
Who refuse to be beat, bend over and rape
The poor little artists strung out on dreams
Are really on the losing team.
For now, however, I'll concede a point.
(At least until we can appoint
Another well-paid politician to fight for our cause
By sneaking in an innocuous clause),
That damages from the simian you defend
May not even cover my considerable stipend.
But don't for a moment think you've got me over a barrel.
I'll drop this matter, but quid pro quo - you get to keep Daryl.
Regards (and bananas for your simian friend),
From a Clueless Lawyer with a Dumbass Client to defend.
On the post: Monkeys Don't Do Fair Use; News Agency Tells Techdirt To Remove Photos
Re: Re: Crowd creativity, anyone?
On the post: Australian Anti-Piracy Group Threatening ISPs With Legal Action... Even Though Court Already Ruled Against Them
Re:
So it isn't quite pay as you go, but yes, we're not locked into long term contracts as a general rule. That said, there are only so many ISPs. When the majors inevitably fold (to stay in the government's good books, so they get lucrative deals on the new National Broadband Network currently underway), then the smaller players will follow suit.
Still hoping this doesn't happen, and they follow iiNet's lead and tell AFACT where to go. :)
On the post: Monkeys Don't Do Fair Use; News Agency Tells Techdirt To Remove Photos
Re: Re: Re: Re: Just a thought!
From: Caters Imaginary Legal Defence Team
Dear Bobo,
Thank you for your lovely letter,
A human couldn't have done it better!
We think it's cute that you wrote,
But sorry, you don't get a vote.
You are not a human, or US citizen
So you do not get an opinion.
We're willing to talk with you alone.
Damn shame you can't work a mobile phone!
Let me instruct you on how copyright works.
You take the photo and sign it over to jerks
Who have the cash to buy you out,
(Not to mention political clout).
So take your copyright, and your poo,
And pack your bags, I've called the Zoo.
Thanks for playing, but now you see,
You can't afford a lawsuit with ME!
On the post: Monkeys Don't Do Fair Use; News Agency Tells Techdirt To Remove Photos
Re: Re: Just a thought!
From: Caters Imaginary Legal Defence Team
Dear Mr. Helmet,
I am writing to you at my client's behest
Regarding your denial of takedown request.
With all due respect we believe you are mistaken
And we intend to commence litigation.
Your claims of Fair Use seem misguided.
For this, you will be fiscally chided.
For those of us on the PRO IP scene
Fair Use is a freetard's misguided wet dream.
We refute it's existence, and furthermore
Think those who claim it simply whore
Our legally owned art. We demand money
For our copyrighted work (or produce the monkey
And prove he is the author of said art.
We'll sue him too, we have no heart).
Take down the content and give us money
This isn't a joke, it isn't funny.
Stick it up our caboose? Go to Hell!
We'll return the favour and sue you as well.
In regards to your comments of flinging legal poo
Bring it on (ducking shit is what we do).
PS: Our client doesn't know this Betty Boop,
But if she even looks at our photo, we'll sue her too.
Regards: Clueless Idiot with a Law Degree,
On behalf of Clueless Idiots without one.
On the post: Flying Car, Already Cleared For Skies, Now Cleared For Roads Too
Re:
Next >>