it does not create the promised new rights for us as content producers, broadcasters and distributors/publishers
I think that's, generally speaking, all that the content industries are after: new rights. Rights that they didn't have before, and for balance's sake, for good reason.
Rights and responsibilities go hand in hand. I've been of the opinion that the quality of any legislation depends on how much of a balance there is between the two. In this case, all of the rights are going to the publishers and all of the responsibilities are falling on the edge providers. This is the "compromise" Mike speaks of.
The fact that I said publishers and not content creators above is not an accident. For the same reason that the above quote doesn't include artists, the creators are going to end up getting screwed on this one just as badly as the site operators, regardless of what they think or whose side they're on. It's always the foot soldiers and civilians that are the biggest casualty in any conflict.Those calling the shots are never in harms way.
Maybe the first tap on the nose with the clue stick is that the Netflix app allows for multiple profiles to be set up under the same account. Every time I turn it on, it asks me who am I, so it uses the right preferences, recommendations and history.
Besides, I pay for Netflix streaming on multiple concurrent devices (not bad for somebody who used to share an account with somebody), so this "AI" can bugger off and pound sand. It doesn't speak for me.
I don't know if this has been brought up yet, but I had the opportunity to peruse the fine piece of legalese that is the InfoWars Terms Of Service, and for some reason, the one part that jumped out at me was in section 14 (already way too many sections for a document that should be accessible and interpretable by a layperson):
14. BREACH, REVOCATION AND CANCELLATION. 14.1. In the event that you breach any provision of this Agreement, you agree that we may immediately terminate your use of our Services and System. 14.2. In the event such a breach occurs by you, we may post on the Website that you have violated our terms and conditions of service.
So, according to InfoWars, they reserve the right to name and shame you on their web site for violating the Terms of Service. While I'm sure that's perfectly legal, there just seems to be a juvenile element to it, especially considering that they feel the need to explicitly point it out.
Dr. Raymond Stantz: Gozer the Gozerian... good evening. As a duly designated representative of the City, County and State of New York, I order you to cease any and all supernatural activity and return forthwith to your place of origin or to the nearest convenient parallel dimension.
Dr. Peter Venkman: [Sarcastically] That oughta do it. Thanks very much, Ray.
The fact that he makes a stink about exchanging PGP keys to facilitate secure data sharing tells you pretty much everything you need to know about their security philosophies.
"Charter just got done gobbling up Time Warner Cable and Bright House Networks subscribers in a $79 billion deal..."
Actually, the deal was for $10 million, but after the papers were signed, there was a merger recovery fee, a regional office fee and a few overages that bumped the price up.
However, Time Warner & Bright House both declared that they did this in the spirit of transparency.
I am a resident of the Tampa Bay area, so I'm very familiar with the Cigar City moniker. However, in terms of popularity, Cigar City Brewing is probably the most well known, even in the broader Tampa Bay metropolitan area, well outside of Ybor City and the rich Cuban community. I will admit, the first time I saw Cigar City Salsa in the store, I was curious as to whether it was the same company, since I really wasn't familiar with either one's labeling. But in the end, the company itself or it's reputation didn't inform my decision on whether or not to buy. I just prefer other beers and salsas. Now I probably won't buy the beer just on principle.
"On the debate’s flip side, there are those who use pejorative terms like “pirates” to describe those accused of Copyright Act violations. In truth, none of these or other puerile terms are helpful to sober legal analysis. Quite the opposite. The terms are mentioned here only because they are sprinkled prolifically throughout the literature, and even some court opinions, on this topic. In all, the defense would discourage use of such invectives, as they are analytically unhelpful and unnecessarily inflammatory."
Paul better watch himself. If he's not careful, he might accidentally admit to everybody that copyright infringement isn't actually theft.
I hope this doesn't mean you have to forward Amber Rudd a royalty check every time you sell that on a shirt (which you sooooooooo know you're going to do).
Yeah, about that. I read the actual filing. I see a lot of people giving him metaphorical reacharounds, but I did a text search, and I do not see the letters RFC anywhere in that document.
"Imagine a young man called Daniel Snowberg. He has a doctorate in international relations, and once spent a summer interning at the Electronic Frontier Foundation, the think tank specializing in digital freedom."
Okay, let's face it. If he had even so much as had a bookmark in his browser pointing to the EFF, he'd have never even been allowed in the building at the NSA or CIA.
"'The people in the creative community are furious about the fact that this was done,' says a lawyer who works for organizations that support strong copyright laws..."
I am a content creator, a musician, a digital artist and a writer. I am also more reasonably versed in copyright than the average bear. I am internet savvy as well, and have a host of tools at my disposal to flex my reasonably ordinary artistic muscles. I don't possess massive distribution channels, cross-licensing capabilities, or hordes of capital to keep me "lawyered up".
But I am also not in the minority, and this anonymous legal honk does not speak for me.
I think this also puts a chink into the ISP argument for usage caps as well. If you're getting gigabit speeds to the home, then there has to be a stout backbone to support multiple users and subnets for it. And if the bulk of your customers are sitting around 25-50Mb, then you've got an EXTREME amount of headroom in the pipe, sometimes even during peak times. IMO, this makes the idea of a usage cap even more ridiculous and empty than it already is.
On the post: Copyright Holders Still Don't Support EU's Already Awful Upload Filter Proposal; Demand It Be Made Worse
I think that's, generally speaking, all that the content industries are after: new rights. Rights that they didn't have before, and for balance's sake, for good reason.
Rights and responsibilities go hand in hand. I've been of the opinion that the quality of any legislation depends on how much of a balance there is between the two. In this case, all of the rights are going to the publishers and all of the responsibilities are falling on the edge providers. This is the "compromise" Mike speaks of.
The fact that I said publishers and not content creators above is not an accident. For the same reason that the above quote doesn't include artists, the creators are going to end up getting screwed on this one just as badly as the site operators, regardless of what they think or whose side they're on. It's always the foot soldiers and civilians that are the biggest casualty in any conflict.Those calling the shots are never in harms way.
On the post: Why Does Everyone Else Want To Stop Netflix Password Sharing, When Netflix Is Fine With It?
Besides, I pay for Netflix streaming on multiple concurrent devices (not bad for somebody who used to share an account with somebody), so this "AI" can bugger off and pound sand. It doesn't speak for me.
On the post: Hitman 2's Denuvo Protection Busted 3 Days Before The Game's Launch
Re:
On the post: Platforms, Speech And Truth: Policy, Policing And Impossible Choices
14. BREACH, REVOCATION AND CANCELLATION.
14.1. In the event that you breach any provision of this Agreement, you agree that we may immediately terminate your use of our Services and System.
14.2. In the event such a breach occurs by you, we may post on the Website that you have violated our terms and conditions of service.
So, according to InfoWars, they reserve the right to name and shame you on their web site for violating the Terms of Service. While I'm sure that's perfectly legal, there just seems to be a juvenile element to it, especially considering that they feel the need to explicitly point it out.
On the post: Denuvo Martyrs Voksi Using Bulgarian Police In What Will Surely Be The End Of Denuvo's Troubles
Dr. Peter Venkman: [Sarcastically] That oughta do it. Thanks very much, Ray.
On the post: Shocker: DOJ's Computer Crimes And Intellectual Property Section Supports Security Researchers DMCA Exemptions
On the post: Wireless Carriers Hope You Won't Notice Their Location Data Scandal Makes The Facebook, Cambridge Fracas Look Like Amateur Hour
On the post: Oddly The Trump FCC Doesn't Much Want To Talk About Why It Made Up A DDOS Attack
Take notes, FBI. This is how you properly use the phrase.
On the post: Another Company Blows Off Breach Notification For Months, Lies About Affected Customers When It's Exposed
PGP Key
On the post: Cloudflare Gets An Easy, Quick And Complete Win Over Patent Troll
Pardon Me, But...
On the post: Will Cy Vance's Anti-Encryption Pitch Change Now That The NYPD's Using iPhones?
Double Standards
On the post: Dear Senators Portman & Blumenthal: What Should Blogs Do If SESTA Passes?
SESTA
On the post: Charter CEO Tries To Blame Netflix Password 'Piracy' For Company's Failure To Adapt To Cord Cutting
Mergers & Acquisitions
Actually, the deal was for $10 million, but after the papers were signed, there was a merger recovery fee, a regional office fee and a few overages that bumped the price up.
However, Time Warner & Bright House both declared that they did this in the spirit of transparency.
On the post: Cigar City Brewing Sues Cigar City Salsa Over Trademark Despite Being In Different Marketplaces
Marketplace Confusion
On the post: Paul Hansmeier Argues Convicting Him Of Fraud Would Seriously Damage The Judicial System
Pejorative Terms
Paul better watch himself. If he's not careful, he might accidentally admit to everybody that copyright infringement isn't actually theft.
On the post: UK Home Secretary: I Need People Who Understand The Necessary Hashtags To Censor Bad People Online
#NecessaryHashtags
On the post: Techdirt's First Amendment Fight For Its Life
Re: Re: RFCs
On the post: Malcolm Gladwell's Ridiculous Attack On Ed Snowden Based On Weird Prejudice About How A Whistleblower Should Look
Well, THERE's your problem....
Okay, let's face it. If he had even so much as had a bookmark in his browser pointing to the EFF, he'd have never even been allowed in the building at the NSA or CIA.
On the post: Shake Up At The Copyright Office A Possible Preview To Fight Over Copyright Reform
Vexation without representation
I am a content creator, a musician, a digital artist and a writer. I am also more reasonably versed in copyright than the average bear. I am internet savvy as well, and have a host of tools at my disposal to flex my reasonably ordinary artistic muscles. I don't possess massive distribution channels, cross-licensing capabilities, or hordes of capital to keep me "lawyered up".
But I am also not in the minority, and this anonymous legal honk does not speak for me.
On the post: Vox Seems Kind Of Upset That We're Building Gigabit Networks With Bandwidth To Spare
Usage Caps
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