Monday, February 28, 2011
Sunday, February 27, 2011
There's another problem search engines could fix: semi-syndicated newspaper stories that come up first in searches ought to be the original (as with a NYTimes story), not authorized copies (or maybe unauthorized) in other newspapers. That only complicates the Fair Use and copyright debate (even in the Righthaven cases).
Google's own account of the change (dated 2/24), "Finding more high-quality sites in search" is here. The change affects about 11% of searches, and the posting mentions the Personal Blocklist Chrome Extension.
Friday, February 25, 2011
Community-based rating systems like this would need to watch for "mutual admiration societies" akin to "link farming" and practices sometimes seen with "spam blogs" which have been a difficult problem for service providers since around 2004
Thursday, February 24, 2011
Righthaven has its own site! (Whee!); Victims' blog lists legal resources; DC news site falls on hard times with layoffs
I have mentioned the ambiguity of the DMCA Safe Harbor provision with respect to Righthaven to my own Congressmann (Moran D-VA) in a recent email, and will be following up in more detail soon. Congress had better get back to work! But one complication is this: recently, someone asked me to publish an article by her on 9/11 responders and their health on another of my blogs. I cannot verity that the source did not come from Stephens or a similar source, and I do not have Safe Harbor downstream protection because I cannot qualify as a service provider, unless I set up a mechanism to accept other people's submissions in some volume and regularity. That still needs to be clarified. (In that case, I wrote my own summary of what she sent me, to play it safe, and posted on the Issues Blog today.)
The Righthaven lawsuit count remains at 241, no new cases since Feb. 7.
Picture: Pentagon City, Arlington VA. "Be brave and shave!". Barbers' chairs are dangerous!
Wednesday, February 23, 2011
New "do not track" bills introduced in 112th Congress (by Democrats); what does "track" really mean?
Of course, the same individualism has made many people less willing to accept telephone and door-to-door solicitations and to buy from "professional salesmen"; but the analogy between "do not call" and "do not track" sounds false.
Tracking should be based on IP addressing only (with analogy to physical postal addressing in the "real world"), and separated from PII (personal identifying information) as much as possible.
Picture: Note the red fox (near the wood chip), watching me. Foxes are dogs with cat personalities!
Tuesday, February 22, 2011
In the United States, "truth" is a definitive defense against a libel claim, but falsity may exist when an excerpt leaves out material (like a conjectural conjunction "if") in such a way as to mislead.
Also relevant is the question as to whether Sherrod is a “public figure”. If so (and she is), a libel action would have to meet a higher standard, of actual malice and reckless disregard for the truth. (Along these lines it’s interesting to ponder possible libel action against Lifetime by the Amanda Knox family, discussed in the movies blog Feb. 21).
Monday, February 21, 2011
The Justice Department has filed a brief supporting the huge award against Thomas-Rasset under the "Doctrine of Remittitur", according to a Digital Media Wire story by Mark Hefflinger, here. I naturally wonder if "remittitur" could be exploited by Righthaven.
Saturday, February 19, 2011
Thursday, February 17, 2011
Library of Congress website can be used to track Righthaven "purchases"; American Justice admits champerty is probably legal; Congress needs to fill DMCA loopholes
Picture: My third grade report card. More about that later.
Wednesday, February 16, 2011
The URL for her blog is now easily found, here. She gives a vivid account of her suspension ("Bloggate: Day 1, etc.). She never gave her last name, and never mentioned the school, and the school (or school district) did not have an employee or teacher blogging policy.
Tuesday, February 15, 2011
Monday, February 14, 2011
Friday, February 11, 2011
Thursday, February 10, 2011
Colorado site suspends access out of fear of frivolous lawsuits from Righthaven; Another film joins US Copyright Group's mass suits against BitTorrent downloads
In fact, the current Pajamas Media story (here) seems only to link to the image.
Update: February 11
MIT Technology Review has an article by Christopher Mims, "Post a Copyrighted Picture, Face a $150,000 Lawsuit; Righthaven waits for content to go viral, then buys the rights to it and sues everyone in sight", link here. The article also mentions the shakedowns of posters and comments, and says that the company buys up the article to sue after it goes "viral" on the web.
Update: February 16:
EFF posted a tweet about a BitTorrent Lawyer story about the apparent dismissal of all or most of the US Copyright Group cases on jurisdictional grounds, story here. I'll have more on the theory involved later. It might even matter to Righthaven.
Wednesday, February 09, 2011
Internet user liability for Wikileaks publication is at issue again; Mozilla offers new "do not track" in Firefox Beta 4
Update: Feb. 16
The Washington Post has a story by Dana Hedgpeth today, "Wikileaks, free speech and Twitter come together in Va. court case, here. Judge Buchanan agreed to rethink the case. Attorneys for defendants agree that if the government can covertly seek identities of posters, all free speech on the Internet is compromised, and that the United States would be guilty of the same sorts of repression as those practiced in Egypt.
Monday, February 07, 2011
I’m struck by how the Internet age (and the new openness and sharing – the Facebook Effect) has magnified “upward affiliation” which used to be protected by narrower and older versions of privacy as they had developed in the 1970s. Now it seems as though this psychological process raises real existential questions about one’s intent, particularly when one is challenged by others (as in eldercare or other situations of “need”) to become more emotionally receptive, and be willing to step in and function as a role model, regardless of choice. To refuse to do so when implored now gets taken as hostility; benign neutrality no longer plays. After all, "upward affiliation" wouldn't develop in someone who had been able to perform "in the community" according to all required social norms. "Democracy" gets linked to complementarity and a "love everybody" system of values. This is what I had to deal with during the last months of my own mother’s life.
Sunday, February 06, 2011
Homeland Security official thinks linking to copyright infringing sites is grounds for your own site to be shut down
Saturday, February 05, 2011
"Next Digital Decade" conference in DC hits Internet "exceptionalism", examines future of Section 230
Friday, February 04, 2011
The City Paper has a web link for its own Defense Fund here. The story series had been called "Cranky Redskins Fan's Guide to Dan Snyder". The appeal reads "We think the value of our paper will survive this lawsuit." It's scary that the paper thinks it has to say that.