Sneeje's Favorite Techdirt Posts Of The Week
from the righthaven--schadenfreude dept
When I read Techdirt, one of the things I'm looking for are articles that help me understand the complex considerations between governmental power and individual rights. They interest me because I find that they always force me to deeply consider my own justifications and philosophies, and the debates in the comments are always spirited and thought-provoking. They also interest me because I can't help but stare in disbelief at the “reasoning” that is sometimes used. For example, take Yet Another Story Of A Guy Arrested For Filming Police. It is amazing to me that fundamental rights (such as those inherent in the First Amendment) can be so blatantly ignored. We're all human, but I feel like these rights should flow naturally into our judgment. Alas that it is not so. But never fear, there is also hope! As a counterpoint to the prior article, we also have the fact that Boston Pays $170,000 To The Guy Police Arrested For Filming Them.
So, to stay sane, that's another thing I look for: hope—that those responsible for resolving the complex interplay between government power and our rights will at least consider that limits to government power are valid and necessary. For example the article that came out Thursday, where the court is exploring whether there are limits to border searches: Court Suggests Politically Motivated Border Searches May Be Unconstitutional. If nothing else, that one had a lot of great advice on how to protect your data from the government should you foolishly decide to cross the border carrying your laptop.
Another good article in this area, while not strictly relating to limits of governmental power, Why Infringement Isn't Theft, should lead people to question the government's reasoning behind why it is willing to act on behalf of intellectual property advocates, which would be a limit in and of itself. Seeing such a prominent law professor take this stance certainly falls under the category of "hope", at least for me.
But perhaps the greatest reason I'm drawn to Techdirt is the gobs of articles that undermine widely- and blindly-held beliefs in the intellectual property arena, that challenge the "IP laws=good so more must be better" thinking and explore the unintended consequences of their existence. The first of these addresses one of the areas that most people have very little exposure to, the decision-making behind the scenes in the VC World. Anyone that is a student of economics knows that monopolies carry a lot of baggage and barriers to entry for startups, but this was the first time I thought about how those barriers were perceived. Monopolies Can Strangle Innovation shows us that the "tax" on success is a very real phenomenon.
Mike also pointed us to Jonathan Coulton to show us yet again that not all artists are looking to intellectual property protection to ensure their success. My favorite quote from Jonathan speaking about a free and open internet: "... if as a consequence of letting that do what it wants, we destroy a number of industries, including the record business, and maybe even including the rock star business, I think that humanity will be better off." Now there's a man that can see the big picture.
The next article that really struck me (and others too, judging by the volume of the comments) regarding these unintended consequences was Patents Threaten To Silence A Little Girl. I think that most people believe that patents, copyright, and trademarks are the province of the business world only and do not affect the average person in their daily life. That article is a perfect example of how that's just not true--and the more restrictive the laws around intellectual property get, it's not hard to see how much more collateral damage there will be.
I'll close with a confession. There is something else that I sometimes look for in my weekly Techdirt feed: schadenfreude. Yeah, I said it. I can't help but enjoy the unfolding implosion that is Righthaven, and this week we got two doses, Righthaven Stops Showing up to Court and Righthaven's CEO Files Statement About How Righthaven's Own Lawyer Won't Respond To Him. A little piece of me will die when Righthaven stops being worthy of coverage here, but I'm sure something else of even greater face-palmage will arise. So with that, here's to the next week!
Re:
As much as I am behind radical reformation of our systems of policing and increasing social work and other alternatives, it is this example and what you've said that give me pause.
All forms of governmental power are subject to abuse and they are only as good as the dedication, competence, and fundamental character of the people that staff it.
So I fear we may be trading one form of abuse for another.
/div>Re: Re: Re: Re: Re:
I'm sorry, I just don't believe that the mob materializes out of nothing and I think the example you're giving doesn't really exist.
The speech we're talking about is speech that dehumanizes others. That kind of speech is by definition asymmetric. It is a form of intolerance and will claim that any attempts to criticize it is also intolerant. So, I'm sorry, but it isn't acceptable to treat it as normal--that's how systemic racism becomes embedded over time.
Because we have the 1st amendment (good!), the only defense against those kinds of views are social consequences. And this is both a good and a right outcome.
And by the way, I noticed you keep avoiding trying to define what consequences are acceptable or if any consequences are acceptable. You just keep saying that cancelling is unacceptable, but won't make a distinction between the two.
/div>Re: Re: Learning and growth
Well, I was deliberately being vague. I'm really just asserting that there are mistakes that individuals (like teachers) can make that are significant and have significant impact, but probably should be handled as a deliberate growth opportunity that is taken as seriously as the weight of the mistake.
In reality it feels like there are just two options: ignore and hide, or pay the ultimate price.
/div>Re:
"No, cancel culture is beyond criticism."
How, exactly? Just what do you consider to be acceptable consequences for abhorrent views?
/div>Learning and growth
I have often wondered myself how we, as a culture, can make more space for learning and growth. Because we can see many IRL consequences for this lack of space.
For example, I think we'd all really, really like our elected officials, government employees, and others to take responsibility for their mistakes or failures of policy. There are a number of factors why they don't, but I truly believe that part of it is that they know there isn't really space for them to do so and to grow and learn.
An example: a teacher says something questionable on social media about a student--like they are foolish for voting for a particular candidate. It isn't appropriate or acceptable, but it is human, and it is a correctable event. Is society better off without that person as a teacher? Maybe, but if the teacher is young/new we may not know.
Yet, the parents of the child will demand the firing and the admin will likely not have any interest in the hard work involved in supporting and growing the teacher. Easier all around to fire them.
Everyone is worse off in this scenario. So we should not be surprised if the standard reaction of individuals is to deny, deflect, blame, and avoid growth/learning b/c they are not rewarded for doing so.
/div>Re:
I will give you the benefit of the doubt that you are arguing in good faith and assume you aren't deliberately misunderstanding the difference between "consequences" for your opinion and the ephemeral "cancel culture".
So, I would invite you to please explain the difference. Because if you are arguing in good faith, I find it hard to believe you are arguing that there should be no real-world consequences for abhorrent views and speech. And if accept there should be consequences, then we really need to understand what you think the difference between those consequences and "cancelling" are.
/div>Re: Re: Re:
Yes, metaphor is implicit vs explicit. But you are placing a far larger emphasis on that distinction than is warranted. Given the lack of land involved, 99.9% of people would have no problem identifying this as a metaphorical statement. It's use out of it's normal contextual use is exactly what makes it valuable as a communicative device. But you know that.
Precise language matters to you in this context, because the metaphor confuses you. The rest of us find it a useful device to understand some of the common characteristics between copyright and property ownership and how holders of those rights behave.
/div>Re:
I used to have a girlfriend like you who struggled with metaphor. She hated and always criticized them in any context because the metaphor was specifically not the thing it was being compared to or used to explain.
I never pressed her on it, but I'll ask you--is it really so hard for you to understand that the thing "landlord" is being used to create an apt comparison, but not a direct equivalence? I'm trying to figure out if you're being willfully ignorant or this is truly a gestalt-level gap in ability to understand.
/div>(untitled comment)
Being a copyright maximalist clearly means being very careful to misunderstand basic things about reality.
/div>Re:
There are more and more studies now, and I don't think they show that, not conclusively anyway. If you have a broad review of the studies done to show that, please share. My reading of a number of them shows that the intersection itself has a great deal of influence and that the greater number + severity can often wipe out any gains from the cameras.
/div>Re: Bit disingenuous
So, studies of this have been mostly negative. Some found a lower degree of medical injury, but the rest found it was a wash or higher.
The intersection itself appears to be a major factor, along with the length of the yellow lights (4s or greater lowers injury across the board).
/div>Re: Don't throw out the baby with the bathwater
Citation please, because automated enforcement (also as documented on this blog) nearly always comes with a torpedo to due process. Guess which group is disproportionately affected when that happens?
/div>Re: Fixing infinity
"What should be taught is how actions have consequences. "
But, as you likely know, this is really the challenge. The consequences that have the greatest impact are real-world ones. After not very long, parental punishment becomes more about the parent-child relationship than a meaningful consequence.
But real-world consequences generally can't be controlled by the parents, which is why we fear letting kids get that far. So, the question is how to let them fail in a manner that lets them really learn, but also make certain the consequences are not life-altering. It's a tradeoff that's impossible to get right consistently.
/div>Re:
I genuinely can't tell if you are kidding or not.
If not, this is just the biggest blind spot in people. For some reason they cannot comprehend that establishing thoughtcrime for ostensibly good outcomes is not only likely to be applied for bad outcomes, it has been proven to be over and over.
Give an establishment subjective power over people and it will be abused and abused and abused.
/div>Re: Re: Uh, so?
I think if you do a little research you'll see that there really aren't any examples of post-merger legal actions against the government. The anti-trust laws give the government wide latitude to take these guys to the cleaners and pre-merger approvals have been well-vetted in the courts.
Any challenges would have to be of a fundamentally obvious constitutional nature (like if they FCC said ... as long as those *Jews* don't charge usage caps), they won't dare take it to court. Because if they do, the anti-trust hammer comes down hard./div>
Oh, I forgot...
Re: A lie by any other name...
So, not only will consumers be left holding the bag, they'll be completely on their own.
Nothing could possibly be a bigger threat to future online commerce than that./div>
Let's be clear about "ought"
I wish he had worded it differently. I think what he means is exercising that power in a manner that places emphasis on both the rights of the accused and the public good. And does not place emphasis on the good of the DoJ or him or herself./div>
Love to see the citations...
This is what really bugs me...
No one knows if they hold any rights yet, especially not YouTube!
This should read like, "err on the side of random people with money and influence"/div>
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