Not an Electronic Rodent (profile), 10 Oct 2012 @ 6:27am
Re: Re: Our law system in the US is a joke
Just saying something isn't the same as doing business in a country, is it?
And if they say it on US TV that then gets broadcast in China, following the logic displayed here, they've said it in China and would then be subject to whatever laws exist in China for such a "crime".
Not an Electronic Rodent (profile), 10 Oct 2012 @ 6:17am
Re: Re: Re: If Megaupload does business in the US, then it's IN the US.
Actually, they can. Plenty of people in the porn business won't travel to certain countries for fear of being arrested and prosecuted.
Yeah, but even those guys usually wait until they actually have a defendant in the country before having whatever passes for a trial, right? I haven't heard of them demanding to the US government to send them over the corporate heads or any kind of show trial in a middle eastern forum of law declaring playboy an enemy of the state. Perhaps I'm just not paying attention.
Not an Electronic Rodent (profile), 5 Oct 2012 @ 9:53am
Re:
I'd just like to point out that this was a complete success if you consider that all the DOJ was after was the shutdown of the site.
Yes, and I'd just like to point out that the Iraqui invasion of Kuwait was a complete success if all they were after was to set fire to a bunch of oil wells.
Not an Electronic Rodent (profile), 5 Oct 2012 @ 9:15am
Re:
They can't win the hearts and minds because they are treating their customers like enemies.
I get the impression they're more for the movie special forces version; "Grab 'em by the balls and their hearts and minds will follow". Problem is they've mistaken buying draconian laws that at best can be enforced on a fraction of the "problem" for testicles.
Not an Electronic Rodent (profile), 1 Oct 2012 @ 11:04am
Re: Re: Good bye WI FI hotspots
It is possible to crack a WEP protected AP in under 4 minutes using a smartphone
IIRC the current time for WEP with the right equipment is under 10 seconds. And by "right equipment" I simply mean a 1/2 decent processor, the right off-the-shelf software kit and a wireless network interface. Even WPA2 (especially the home-style Pre-Shared Key implementation) is a matter of minutes.
Not an Electronic Rodent (profile), 28 Sep 2012 @ 10:54am
Re: Re:
It already is, if you are doing it at a library or if enough people are within earshot of you.
Indeed... and very soon the number of law enforcement agencies with warrantless surveillance on your house will mean you're breaking copyright even if there's no-one else around :-)
Not an Electronic Rodent (profile), 25 Sep 2012 @ 10:25am
Shameless product placement
It's difficult to look through the paper and not see evidence of how these CROs are almost systemically designed to actually be very bad for both artists and the public
No it's not. All you need is a pair of patented MiddleMan (tm) glasses and somehow those bits just get lost between the lines when you read.
Buy now, only $1M a pair from any good **AA approved stockist.
Not an Electronic Rodent (profile), 23 Sep 2012 @ 12:07pm
Re:
and that a work made outside the US is not a work "made under this title".
*sigh* and once again "the law" trumps common sense, not to mention apparently the US economy.
Reality is a global economy, no matter how much studios, labels etc try and carve it up into nice little chunks (except when they benefit from it of course).
To have something like first sale doctrine then say it doesn't apply to things made elsewhere is just a little silly. I could kind of understand if it had been bought outside the country (though for digital goods that's a pretty silly distinction too), but
A/ Damn near everything is made outside the US these days 'coz it's cheaper (global economy and everything) so effectivly you've gutted a perfectly reasonable (and obvious not to mention natural) right that just happens to be codified
and B/ It encourages any manufacturing the US has left to leave the country to get around the particular law (and no I'm not saying a company would move their base on the strength of this alone, but it is an incentive to go).
I have a dream. It's not a big dream, it's just a little dream. My dream, and I hope you don't find this too absurd, is that one day soon there will be a realisation that most laws were written in a time that couldn't possibly imagine the world we live in and trying to inteperet them literally in this day and age is little short of insane.
Not an Electronic Rodent (profile), 22 Sep 2012 @ 3:48am
Re: Re: Re: unpaid work
I must be missing something here..... I can't see the bit where she lied about anything, held anyone at gunpoint to perform, exerted any monopoly-like influence to make people comply or used some strange mind-control power.
Absent that, I have to assume that the people who accepted her request for "a favour" thought they got enough out of it on the terms she'd clearly described up front.
Not an Electronic Rodent (profile), 21 Sep 2012 @ 11:50am
Free association.. no not like that!
"Clean IT" project in Europe
At risk of Godwinning, is it just my brain that reads that as "clean = 'Pure'" and makes it sound suspiciously master-race-ish?
The use of platforms in languages abuse specialists or abuse systems do not master should be unacceptable and preferably technically impossible.
So the internet, platform of inclusion and bringing the whole world together into some sort of community, is now the platform of "Us and them and f*ck off if you're different"? Yay
Not an Electronic Rodent (profile), 19 Sep 2012 @ 11:01am
Re: Re: Re:
You only infringe if you knowingly copy what is on that website and keep it.
You do.... every time you load a web page you copy it, that's how browsers work. And for extra fun and profit, try UK law where that very act of loading a web page is illegal under the current writing of the law.
Not an Electronic Rodent (profile), 14 Sep 2012 @ 1:22pm
Re: Re: Re: Re: Re:
The only real question is "how much more would they have made otherwise (by pushing on DRM, or raising prices, staying away from bundles, etc)?"
See that's where you're very very wrong. That's the exact opposite of a "real" question. It is in fact an unreal question.
Faced with a success story where someone made a shed-load of real money, the only thing you can focus on is "But they could have had all that imaginary money too!"
Not an Electronic Rodent (profile), 14 Sep 2012 @ 12:23pm
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: I think you're wrong about the law on this one.
If Brand X sausages are a very famous brand of delicious sausage, and someone starts selling Brand X laxatives,
Yeah.. I'd hate to have my favorite laxatives tarnished by the image of sausages.. you have any idea what goes into those things???
Seriously, this has to be the weakest argument for a law I think I've ever seen - basically the argument seems to be that you can resrict on the basis of something that might happen in some small number of people's minds where they have free will to associate as they please and could choose to associate literally anything with a product. And this basically on the basis that once company got here first in a completely unrelated field?
Under that argument almost anything could be tarnishment. Even before you get into how people's minds can freely associate the strangest things for all sorts of reasons there are enough brands globally that you couldn't avoid it.... take the brand Durex for example - firmly associated with condoms in the UK and with sticky tape in Australia. Tarnishment? Which way? "Oh I don't want one of those sticking to my percy when I try and put it on" or "Ew, I'm not wrapping a parcel for my grandmother with THAT"?
Or does the woollen goods shop in Scotland get to sue the fast food chain McDonalds for tarnishment of their brand since they got there first (by a hundred years or so I understand) and probably don't care to be associated with such a horrible thing as bad fast food?
Which brings me back to:
However, an intelligent person may nevertheless have laxatives (and the not-so-appetizing result) called to mind the next time he sees Brand X sausages.
Called to mind is very different from "changed a purchasing decision".
In your hypothetical example, what percentage of people of, oh let's say, 85IQ or above would you imagine would decide not to buy the well known X-sausages because they also know there's a laxative of the same name?
For bonus points, what percentage of those people who already ate the apparantly very popular fat-coated offal tubes do you imagine would change their habits on the basis of this?
On the post: A Sad Statement: The Best Way To Deal With Patent Threats Is To Be Less Open
Re: Re: Re: Re: Re:
On the post: Court Says Case Against Megaupload Can Continue, Despite Not Being Able To Serve The Company
Re: Re: Our law system in the US is a joke
On the post: Court Says Case Against Megaupload Can Continue, Despite Not Being Able To Serve The Company
Re: Re: Re: If Megaupload does business in the US, then it's IN the US.
On the post: Innocence Of Muslims Actress Now Argues That The Movie Violates Her Copyright
On the post: Court Doesn't Buy DOJ's Argument For Why Megaupload User Can't Sue To Get His Data Back
Re:
On the post: Why The MPAA Can't 'Win The Hearts And Minds' Of The Public: File Sharing Is Mainstream
Re:
On the post: Copyright Trolls Still Arguing That Open WiFi Is 'Negligent'
Re: Re: Good bye WI FI hotspots
On the post: Judge Orders Woman To Delete Her Facebook Page For Typing LOL About Her DUI
Re: Re: Re: Walker v City of Birmingham
On the post: Bob Dylan: People Claiming I Plagiarized Them Are Pussies
Re: Re: Re:
On the post: Why Everyone Should Care About DRM's Punishment Of The Visually Impaired
Re: Re:
On the post: A Parade Of Horror Stories From Copyright Collection Organizations
Shameless product placement
Buy now, only $1M a pair from any good **AA approved stockist.
On the post: Alana's Favorite Techdirt Posts Of The Week
Re:
Reality is a global economy, no matter how much studios, labels etc try and carve it up into nice little chunks (except when they benefit from it of course).
To have something like first sale doctrine then say it doesn't apply to things made elsewhere is just a little silly. I could kind of understand if it had been bought outside the country (though for digital goods that's a pretty silly distinction too), but
A/ Damn near everything is made outside the US these days 'coz it's cheaper (global economy and everything) so effectivly you've gutted a perfectly reasonable (and obvious not to mention natural) right that just happens to be codified
and B/ It encourages any manufacturing the US has left to leave the country to get around the particular law (and no I'm not saying a company would move their base on the strength of this alone, but it is an incentive to go).
I have a dream. It's not a big dream, it's just a little dream. My dream, and I hope you don't find this too absurd, is that one day soon there will be a realisation that most laws were written in a time that couldn't possibly imagine the world we live in and trying to inteperet them literally in this day and age is little short of insane.
On the post: Alana's Favorite Techdirt Posts Of The Week
Re: Re: Re:
On the post: Amanda Palmer Destroys/Saves Musicians; Chances Of 'Hitting It Big' As An Artist Remain Unchanged
Re: Re: Re: unpaid work
Absent that, I have to assume that the people who accepted her request for "a favour" thought they got enough out of it on the terms she'd clearly described up front.
On the post: EU Officials Propose Internet Cops On Patrol, No Anonymity & No Obscure Languages (Because Terrorism!)
Re: Re: Free association.. no not like that!
On the post: EU Officials Propose Internet Cops On Patrol, No Anonymity & No Obscure Languages (Because Terrorism!)
Free association.. no not like that!
So the internet, platform of inclusion and bringing the whole world together into some sort of community, is now the platform of "Us and them and f*ck off if you're different"? Yay
On the post: Why Computer Companies Should Copy The Fashion Industry
Re: Re: Re:
On the post: 'Amnesia' Is Selling So Well, The Developers Have Forgotten All About Piracy
Re: Re: This article is irrelevant because ...
On the post: 'Amnesia' Is Selling So Well, The Developers Have Forgotten All About Piracy
Re: Re: Re: Re: Re:
Faced with a success story where someone made a shed-load of real money, the only thing you can focus on is "But they could have had all that imaginary money too!"
On the post: Poor Ben & Jerry Must Have Had A Rough Adolescence If They Think Ice Cream Can Be Confused With Porn
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: I think you're wrong about the law on this one.
Seriously, this has to be the weakest argument for a law I think I've ever seen - basically the argument seems to be that you can resrict on the basis of something that might happen in some small number of people's minds where they have free will to associate as they please and could choose to associate literally anything with a product. And this basically on the basis that once company got here first in a completely unrelated field?
Under that argument almost anything could be tarnishment. Even before you get into how people's minds can freely associate the strangest things for all sorts of reasons there are enough brands globally that you couldn't avoid it.... take the brand Durex for example - firmly associated with condoms in the UK and with sticky tape in Australia. Tarnishment? Which way? "Oh I don't want one of those sticking to my percy when I try and put it on" or "Ew, I'm not wrapping a parcel for my grandmother with THAT"?
Or does the woollen goods shop in Scotland get to sue the fast food chain McDonalds for tarnishment of their brand since they got there first (by a hundred years or so I understand) and probably don't care to be associated with such a horrible thing as bad fast food?
Which brings me back to: Called to mind is very different from "changed a purchasing decision".
In your hypothetical example, what percentage of people of, oh let's say, 85IQ or above would you imagine would decide not to buy the well known X-sausages because they also know there's a laxative of the same name?
For bonus points, what percentage of those people who already ate the apparantly very popular fat-coated offal tubes do you imagine would change their habits on the basis of this?
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