I find it weird how people worried about Facebook's size zero in on Section 230 rather than antitrust law. We get all this chatter about advertising and algorithms and privacy when what people are really worried about is bigness. And well, we have a legal framework for thinking about bigness and it's not Section 230.
they were supposed to be a method for protecting the business interests of creators
And, in American copyright law at least, it protects a very specific interest -- protection from economic substitutes for the copyrighted work. If your business interests are harmed because of, for example, quoted content inside a negative review, that's outside the scope of copyright. The review or quote isn't a substitute, even if it makes people less willing to purchase the original.
You obviously have to sign up for a one-year subscription to access FOIA requests. Otherwise, how else would bureaucrats be incentivized to create responsive content?
It really depends on the terms of the deal (and their deal with Cogent). Let's assume Netflix is paying Comcast the same price / Mbps as they're paying Cogent. Let's also assume Netflix can easily scale up and down the bandwidth they're purchasing from Cogent and Comcast. Because each byte sent directly through Comcast to a Comcast subscriber is a byte that doesn't need to transit through Cogent, that allows Netflix to offset any additional costs from Comcast by a proportional decrease in costs from Cogent. Ditto if Verizon and other ISPs start hopping on. All that's happening is that
These assumptions may obviously not be true. Netflix may be paying Comcast a higher per unit price than Cogent. And I'm sure there are plenty of fixed costs and overhead involved with dealing with more ISPs, rather than just one. But it's theoretically possible at least for these deals to be structured in a way that has a negligible impact on Netflix's bottom line.
"The MPAA then contacted Homeland Security, which oversees movie theft."
Here's the bigger issue -- why is HOMELAND SECURITY overseeing movie theft?
I kind of get that ICE is under DHS, and ICE deals with customs which occasionally deals with bootleg DVDs going through customs. But seriously, unless this movie theater was in an airport or something, this is absurd.
If you ask the British, Ben Franklin WAS a traitor. He betrayed his old country in the interests of his new country. It may very well have been justified, but what he did was literally treason.
The end game for Ben Franklin was a revolutionary war. Let's hope it never comes to that. Inane quotes about revolution and liberty aside, war sucks. Violence sucks. And the batting average for successful (violent) revolutions is terrible as of late.
Under U.S. law, if there's a conflict, speech wins. The First Amendment protects freedom of speech. The Civil Rights Act (or equivalent statute in this case) is what protects the right of a person to equal service. The First Amendment is a constitutional provision and therefore trumps the Civil Rights Act, which is a mere statute.
It's why "hate crimes" are generally punishable in the U.S. but "hate speech" is not.
You're correct if I agree to take a photo of a car and then later take a photo of a house, that's a breach of correct. But you can't force me to agree to that contract in the first place. Were it otherwise, you could pass a law forcing wedding photographers to take pictures of boats.
"People may unwittingly infringe patents they don't know about"
An independent invention defense (or something similar) would solve that.
The problem with Lens (or rather, the problem Lens doesn't solve) is that the cost for making patents accessible and useful lies with the public, rather than the patent holders.
Yes, but it only needs to go one-way for the argument to work. If you want to maintain anonymity, you cannot adopt certain security measures like analyzing each packet going in and out of your network. Without adopting those measures, you may be at greater risk of having private information accessed by third parties. That's the point being made by Art Coviello. If the right to anonymity trumps security, then other private information is at risk. Security analysis may be questionable, but the logical chain is fine.
On the post: Those Who Don't Understand Section 230 Are Doomed To Repeal It
Antitrust Law
I find it weird how people worried about Facebook's size zero in on Section 230 rather than antitrust law. We get all this chatter about advertising and algorithms and privacy when what people are really worried about is bigness. And well, we have a legal framework for thinking about bigness and it's not Section 230.
On the post: PewDiePie Dives Into The Mark Fitzpatrick, Toei Animation Saga
Economic interests
And, in American copyright law at least, it protects a very specific interest -- protection from economic substitutes for the copyrighted work. If your business interests are harmed because of, for example, quoted content inside a negative review, that's outside the scope of copyright. The review or quote isn't a substitute, even if it makes people less willing to purchase the original.
On the post: There's Something Fishy With Katy Perry's Left Shark 3D Printing Takedown
Lawyers ...
On the post: Russia Dismantles Steve Jobs Memorial, Fearing That Tim Cook's Homosexuality Might Be Contagious
Re:
http://www.pinknews.co.uk/2014/02/07/the-25-most-shocking-anti-gay-stories-from-russia-so-far/
On the post: Publisher 'DRMs' Physical Legal Textbook About 'Property,' Undermines Property And First Sale Concepts
Re:
Jonathan Zittrain has been working on this: http://h2o.law.harvard.edu/
On the post: ICE Rejects My Request To Waive FOIA Fees 'Because .' Yes, 'Because .'
Paywall
On the post: Student Points Finger Like Gun, Gets Suspended Under Zero Tolerance Rules
Re: Re:
On the post: Student Points Finger Like Gun, Gets Suspended Under Zero Tolerance Rules
On the post: No, Netflix's New Deal With Comcast Probably Won't Destroy The Internet. Yet.
Re: Destruction
These assumptions may obviously not be true. Netflix may be paying Comcast a higher per unit price than Cogent. And I'm sure there are plenty of fixed costs and overhead involved with dealing with more ISPs, rather than just one. But it's theoretically possible at least for these deals to be structured in a way that has a negligible impact on Netflix's bottom line.
On the post: MPAA & ICE Confirm They Interrogated A Guy For Wearing Google Glass During A Movie
DHS and ICE?
Here's the bigger issue -- why is HOMELAND SECURITY overseeing movie theft?
I kind of get that ICE is under DHS, and ICE deals with customs which occasionally deals with bootleg DVDs going through customs. But seriously, unless this movie theater was in an airport or something, this is absurd.
On the post: From Snowden To Manning... To Ben Franklin And Sam Adams? A History Of Leakers Of Secret Gov't Documents
Technically ...
The end game for Ben Franklin was a revolutionary war. Let's hope it never comes to that. Inane quotes about revolution and liberty aside, war sucks. Violence sucks. And the batting average for successful (violent) revolutions is terrible as of late.
On the post: Author Of Torture Memo Says Judges Are Too Out Of Touch To Determine If NSA Violated The 4th Amendment
IP Laws
On the post: Unfortunate: ACLU On The Wrong Side Of A Free Speech Case
Re: Re: Re:
It's why "hate crimes" are generally punishable in the U.S. but "hate speech" is not.
On the post: Unfortunate: ACLU On The Wrong Side Of A Free Speech Case
Re: Re: Re:
On the post: Bringing Transparency Back To The Patent System With 'Innovation Cartography'
An independent invention defense (or something similar) would solve that.
The problem with Lens (or rather, the problem Lens doesn't solve) is that the cost for making patents accessible and useful lies with the public, rather than the patent holders.
On the post: Disappointing To See Canonical Act Like A Trademark Bully Over Ubuntu
Country
On the post: Chinese Propaganda: The US Military Is Making Master Chief Armor; Me: Awesome!
In the off chance you're actually curious, the biggest barrier to making this happen is a power source.
On the post: Head Of Computer Security Firm Says Anonymity Is The Enemy Of Privacy
Re: Re: Re: Re: Re: A total fantasy.
On the post: Head Of Computer Security Firm Says Anonymity Is The Enemy Of Privacy
Re: Re:
On the post: Head Of Computer Security Firm Says Anonymity Is The Enemy Of Privacy
Re: Re: Re: A total fantasy.
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