My point is that Jefferson has plenty of horrible views on subjects that are much clearer now. His views on patents may have been acceptable or reasonable back then, but don't seem very relevant in today's world.
Sort of like slavery, it seemed pretty reasonable back then, I am sure, but it isn't a very relevant idea in today's society.
More than anything, I think this entire post is just Mike setting a nice little cornerstone for a later line of thought. I can imagine this post being linked later as "we have already shown that even Jefferson hated the patent system" or something similar. Blatant bootstrapping is a Techdirt feature!
The other thing is this could be a nice re-write of history. Perhaps Jefferson as an inventory knew he could profit from his invention, but Jefferson the patriot knew the country would benefit more from the invention being used right now. We have no simple way to know his actual motivations in this situation, perhaps he was just feeling generous or didn't feel the desire to do the paperwork required to get a patent. We may never know.
I am waiting to see how Mike abuses this post in the future.
Your argument fails because you cannot answer the very simple question:
"why would anyone, with a reasonable internet connection in their home, need to appear to be somewhere else than where they are?"
The answer: To bypass geo based security or legal restrictions put in place by sites,to bypass restrictions to access in the home country, or to try to disguise or hide illegal activities.
There you go. Without a good answer to the basic first question a lawyer would ask in court, the rest is pretty much meaningless.
You miss part of the point: Tasers are also a replacement for close in physical contact, which could turn out poorly for the officer. It is about getting the subject into a position where they are no longer a threat, with the minimum risk to officers and by-standers.
The student case is a good example, if you read the story:
"The kid refused to listen," Chief Burton said. "The officer took him by the arm and said, 'You have to go to the office.' The student resisted, pushed the officer. The officer, defending himself, took out his stun gun and did a drive stun."
Chief Burton said a drive stun involves pushing the Taser against a portion of the body and squeezing the trigger, thus immobilizing a portion of the body, such as the leg. He said this affects about a 2- or 3-inch area.
While on the floor, the student was still resisting and was placed in handcuffs, Chief Burton said. The student complained of a headache and dizziness and was taken to Forbes Regional Hospital.
Basically, the student was resisting, and continued to resist even after he was on the floor. The officer did what was needed to not get into a physical altercation that might have turned out poorly for the officer. Can you imagine the student perhaps grabbing the officer's gun during a physical struggle?
What people are missing in this is that Facebook (and other social networking sites) fear an exodus of users. When you remove the social from social networking, the network fails.
Example, in the last little while a number of celebs have very publicly killed their Twitter accounts, some of them with tens of thousands of followers. Tnis is potentially the start of a movement to make Twitter somewhat less cool.
What Seppukoo does is allow a user not only to stop using social networking, but to very publicly announce that departure in a manner that uses Facebook's own social networking tools to distribute the announcement. That has the potential to start a trend that would end up killing facebook.
The legal action is a panic response by people who probably understand very well that social networking sites are all pretty much doomed to fail at some point, they just don't want it to fail now.
Marcus, many of those links aren't done to inform you, the reader, but to carefully guide googlebot around and to create SEO links.
Mike also does it to create the illusion of fact where none exists, often using statements like "we have already shown that..." which links to a post which is substantiated only by either Mike's own opinion, or an opinion piece posted by someone else.
It's the building of a house of cards on subjects. Mike starts with simple posts, and then expands out from there, building up the structure of opinion and half facts, before suddenly declaring something a fact, when it is really just a sum of opinion and very selective quoting.
It's how it is done, and it's fun to watch, and even more fun to call Mike out when he does it.
Websites wouldn't have to disable commenting, they just need to know who is commenting.
For me, 230 lacks in one simple regard: if you want to be an innocent host, you have to know who your clients are. A simple court order would allow those who have valid reason to know who a poster is to find out, and to be able to proceed in court against them.
For the moment, the hosts are providing not just a forum, but a method by which to hide their identity. That sort of puts the advantage all on one side, doesn't it?
All Jefferson did was put something in the public domain. He could have just as easily patent it and issues licenses for $1, whatever. Not a big deal.
I would have to say that it's funny that you have to go back that far to try to find stories to put down the patent system. As Dark Helmet mentioned, there is those little issues of the slave trade, 3/5ths of a man stuff, no vote for women... yeah, I would say that Jefferson should have a say in modern times.
First, the last half of the post is all clickable, because you failed to close your SEO spam link in the middle of the piece.
Second, you are using Goldman's interpretation of the courts ruling on the second attempt to get around the overbroad protections of section 230. The court actually appears to have made at least one error here, seeming to allow the sites to specifically NOT collect any information and still host the material (allowing anonymous posting as an excuse). It means that any ill intentioned service provider of any sort could write nasty posts, say "it's an anonymous post" and walk about without any liablity.
The right case on the right day will crack 230 wide open, if the congress doesn't change the law soon enough to make it more reasonable.
It shouldn't matter because the opinion didn't matter to start with. Does it matter if it is photoshopped or not? Why did the original blogger even bother?
Further, why bother to keep kicking it around here? It is a pointless legal exercise, which the blogger appears to be desperately trying to parlay into some sort of internet 15 minutes of website traffic.
This is somewhere between navel gazing and a circle jerk.
at 67 cents per song, how much money is lost to piracy? How much money is left on the table by giving music away for free?
If nothing else, you have highlighted why concert tickets have become so much more expensive. There is a whole bunch of money getting left of the table.
Mike, I was just thinking (reading your comments about Nokia).
H1B and Patents are both government constructs, systems created by the government to improve X or to encourage Y, whatever those goals may be.
H1B seems to be a program that is abused often enough, either by the employers trying to get cheaper labor, or by the employees trying to get a long enough time in the US perhaps to apply for citizenship or whatever.
Even members of the house and senate have reported abuse levels upwards to 20%.
So this is a program you want to save, get rid of the abuses, not the program.
Patents? The abuse levels are small (and much of the abuse you claim is just patent holders trying to enforce their rights), yet you pretty much damn the concept and wish that it was gone.
Perhaps if the abuse is patents went up to 20%, you would want to save it?
Re: Re: the pros, the cons, and the uninformed masses
It's all anti-competitive behavior. If you are going to force car companies to expose all of their code and effectively open source their material, you should do the same for any other company making proprietary software of any sort.
All the code used to run a graphics card? Open source.
All the code in an OS BIOS? open source.
All the code to run a router, or any other piece of network gear? 100% open source, even the bios code for those too.
Basically, as software always has to run on something (it is useless just as a pile of print outs), all software should be open source and free.
At 9% plus unemployment, the H1B program should probably be entirely shut down for new applicants, and more money brought forth to train US workers to do the jobs.
The system is way to easy to abuse, it is way too easy to take advantage of foreign workers, and it is way too easy for companies to manipulate the system so they can hire less expensive outside workers.
I participate very constructively. In fact, two of my biggest detractors (Mike himself and Dark Helmet) will both tell you that I make them at least take a moment to think about their positions.
From my standpoint, I can read the stories Mike posts and almost always find an alternate (and usually simpler) explanation for what has happened or is going on. Too often, Mike is fast to jump to a conclusion either to slam whatever group he is hating on this month, or to build a less than factual foundation for later claimed that will be treated as "facts" (he usually links saying "we have already shown that...").
If Mike's concepts and ideas were without reproach, I would have nothing to write about.
On the post: Thomas Jefferson Decided The Hemp Brake Was Too Important To Patent
Re: Re:
My point is that Jefferson has plenty of horrible views on subjects that are much clearer now. His views on patents may have been acceptable or reasonable back then, but don't seem very relevant in today's world.
Sort of like slavery, it seemed pretty reasonable back then, I am sure, but it isn't a very relevant idea in today's society.
More than anything, I think this entire post is just Mike setting a nice little cornerstone for a later line of thought. I can imagine this post being linked later as "we have already shown that even Jefferson hated the patent system" or something similar. Blatant bootstrapping is a Techdirt feature!
The other thing is this could be a nice re-write of history. Perhaps Jefferson as an inventory knew he could profit from his invention, but Jefferson the patriot knew the country would benefit more from the invention being used right now. We have no simple way to know his actual motivations in this situation, perhaps he was just feeling generous or didn't feel the desire to do the paperwork required to get a patent. We may never know.
I am waiting to see how Mike abuses this post in the future.
On the post: Do Your Rights To Listen To Legally Licensed Music Stop At The Border?
Re: Re: Re: Re: Re: Fix'd!
"why would anyone, with a reasonable internet connection in their home, need to appear to be somewhere else than where they are?"
The answer: To bypass geo based security or legal restrictions put in place by sites,to bypass restrictions to access in the home country, or to try to disguise or hide illegal activities.
There you go. Without a good answer to the basic first question a lawyer would ask in court, the rest is pretty much meaningless.
On the post: Is It Illegal To Commit Seppukoo On Your Facebook Account?
Re: Re: Facebook's real fear
http://www.rollingstone.com/rockdaily/index.php/2009/07/20/trent-reznor-ends-twitter-legac y-by-deleting-account/
Just as it doesn't take much to make social networking sights shoot up, it doesn't take much to turn them into the next Geocities or MySpace.
On the post: Appeals Court Says Tasers Can Be Excessive Force
Re:
The student case is a good example, if you read the story:
"The kid refused to listen," Chief Burton said. "The officer took him by the arm and said, 'You have to go to the office.' The student resisted, pushed the officer. The officer, defending himself, took out his stun gun and did a drive stun."
Chief Burton said a drive stun involves pushing the Taser against a portion of the body and squeezing the trigger, thus immobilizing a portion of the body, such as the leg. He said this affects about a 2- or 3-inch area.
While on the floor, the student was still resisting and was placed in handcuffs, Chief Burton said. The student complained of a headache and dizziness and was taken to Forbes Regional Hospital.
Basically, the student was resisting, and continued to resist even after he was on the floor. The officer did what was needed to not get into a physical altercation that might have turned out poorly for the officer. Can you imagine the student perhaps grabbing the officer's gun during a physical struggle?
Generation Diss strikes again.
On the post: Is It Illegal To Commit Seppukoo On Your Facebook Account?
Facebook's real fear
Example, in the last little while a number of celebs have very publicly killed their Twitter accounts, some of them with tens of thousands of followers. Tnis is potentially the start of a movement to make Twitter somewhat less cool.
What Seppukoo does is allow a user not only to stop using social networking, but to very publicly announce that departure in a manner that uses Facebook's own social networking tools to distribute the announcement. That has the potential to start a trend that would end up killing facebook.
The legal action is a panic response by people who probably understand very well that social networking sites are all pretty much doomed to fail at some point, they just don't want it to fail now.
On the post: Court Dismisses Defamation Claim Against Consumer Complaint Site, Highlights Section 230 Protections
Re: Re:
Mike also does it to create the illusion of fact where none exists, often using statements like "we have already shown that..." which links to a post which is substantiated only by either Mike's own opinion, or an opinion piece posted by someone else.
It's the building of a house of cards on subjects. Mike starts with simple posts, and then expands out from there, building up the structure of opinion and half facts, before suddenly declaring something a fact, when it is really just a sum of opinion and very selective quoting.
It's how it is done, and it's fun to watch, and even more fun to call Mike out when he does it.
On the post: Court Dismisses Defamation Claim Against Consumer Complaint Site, Highlights Section 230 Protections
Re: Re: Re:
For me, 230 lacks in one simple regard: if you want to be an innocent host, you have to know who your clients are. A simple court order would allow those who have valid reason to know who a poster is to find out, and to be able to proceed in court against them.
For the moment, the hosts are providing not just a forum, but a method by which to hide their identity. That sort of puts the advantage all on one side, doesn't it?
On the post: Thomas Jefferson Decided The Hemp Brake Was Too Important To Patent
All Jefferson did was put something in the public domain. He could have just as easily patent it and issues licenses for $1, whatever. Not a big deal.
I would have to say that it's funny that you have to go back that far to try to find stories to put down the patent system. As Dark Helmet mentioned, there is those little issues of the slave trade, 3/5ths of a man stuff, no vote for women... yeah, I would say that Jefferson should have a say in modern times.
*shakes head*
On the post: Court Dismisses Defamation Claim Against Consumer Complaint Site, Highlights Section 230 Protections
Second, you are using Goldman's interpretation of the courts ruling on the second attempt to get around the overbroad protections of section 230. The court actually appears to have made at least one error here, seeming to allow the sites to specifically NOT collect any information and still host the material (allowing anonymous posting as an excuse). It means that any ill intentioned service provider of any sort could write nasty posts, say "it's an anonymous post" and walk about without any liablity.
The right case on the right day will crack 230 wide open, if the congress doesn't change the law soon enough to make it more reasonable.
On the post: W Korea Uses Demi Moore Photo... With A Different Hip -- So Which One Is Edited?
Re: Re: Wait...
Further, why bother to keep kicking it around here? It is a pointless legal exercise, which the blogger appears to be desperately trying to parlay into some sort of internet 15 minutes of website traffic.
This is somewhere between navel gazing and a circle jerk.
On the post: How Automakers Abuse Intellectual Property Laws To Force You To Pay More For Repairs
Re: Re: Re: Re: the pros, the cons, and the uninformed masses
On the post: Yet Another Attempt At Ad Supported Music
A small math question:
If nothing else, you have highlighted why concert tickets have become so much more expensive. There is a whole bunch of money getting left of the table.
On the post: Court Overreacts And Orders Full Takedown Of Anti-H-1B Websites Over Contradictory Libel/Copyright Claims
Re: Re: Sorry Mike
H1B and Patents are both government constructs, systems created by the government to improve X or to encourage Y, whatever those goals may be.
H1B seems to be a program that is abused often enough, either by the employers trying to get cheaper labor, or by the employees trying to get a long enough time in the US perhaps to apply for citizenship or whatever.
Even members of the house and senate have reported abuse levels upwards to 20%.
So this is a program you want to save, get rid of the abuses, not the program.
Patents? The abuse levels are small (and much of the abuse you claim is just patent holders trying to enforce their rights), yet you pretty much damn the concept and wish that it was gone.
Perhaps if the abuse is patents went up to 20%, you would want to save it?
On the post: Does It Make Sense That A Non-Official Advertiser Can't Give Away Sporting Events Tickets?
Re: Re: Re: Re:
Radio stations give away tickets with permission (and are often either paid to give them away or make other in kind trade deals to get them).
So, sorry, you fail. Would you like to try again?
On the post: How Automakers Abuse Intellectual Property Laws To Force You To Pay More For Repairs
Re: Re: the pros, the cons, and the uninformed masses
All the code used to run a graphics card? Open source.
All the code in an OS BIOS? open source.
All the code to run a router, or any other piece of network gear? 100% open source, even the bios code for those too.
Basically, as software always has to run on something (it is useless just as a pile of print outs), all software should be open source and free.
Yeah, good idea.
On the post: Court Overreacts And Orders Full Takedown Of Anti-H-1B Websites Over Contradictory Libel/Copyright Claims
Re: Re: Sorry Mike
The system is way to easy to abuse, it is way too easy to take advantage of foreign workers, and it is way too easy for companies to manipulate the system so they can hire less expensive outside workers.
On the post: Musician Christopher Bryant 'Opens For Himself' To Connect With Fans... And To Find New Ones
For at least one tour, Gwar opened for themselves as X-Cops.
What is old is new again, I guess.
On the post: Court Overreacts And Orders Full Takedown Of Anti-H-1B Websites Over Contradictory Libel/Copyright Claims
Re: There will be on the horizon
On the post: MPAA Gives 'It's Complicated' An R Rating Because It Shows Pot Might Make You Giggle
Re: Re: Re: Re: Re: Re: You don't get out much, do you?
http://www.faqs.org/photo-dict/photofiles/list/3215/4275empty_room.jpg
I participate very constructively. In fact, two of my biggest detractors (Mike himself and Dark Helmet) will both tell you that I make them at least take a moment to think about their positions.
From my standpoint, I can read the stories Mike posts and almost always find an alternate (and usually simpler) explanation for what has happened or is going on. Too often, Mike is fast to jump to a conclusion either to slam whatever group he is hating on this month, or to build a less than factual foundation for later claimed that will be treated as "facts" (he usually links saying "we have already shown that...").
If Mike's concepts and ideas were without reproach, I would have nothing to write about.
So if you aren't enjoy my posts, well, skip them.
On the post: MPAA Gives 'It's Complicated' An R Rating Because It Shows Pot Might Make You Giggle
Re: Re: Re: Re: You don't get out much, do you?
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