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John Lemke

DOJ Lawyer Explores 'Copyright Freeconomics'; Suggests Copyright Needs To Change | Tech... - 0 views

  • Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering licit content at a price of $0.
  • This sea change has ushered in an era of “copyright freeconomics.” Drawing on an emerging body of behavioral economics and consumer psychology literature, this Article demonstrates that, when faced with the “magic” of zero prices, the neoclassical economic model underpinning modern U.S. copyright law collapses. As a result, the shift to a freeconomic model raises fundamental questions that lie at the very heart of copyright law and theory. What should we now make of the established distinction between “use” and “ownership”? To what degree does the dichotomy separating “utilitarian” from “moral” rights remain intact? And — perhaps most importantly — has copyright’s ever-widening law/norm divide finally been stretched to its breaking point? Or can copyright law itself undergo a sufficiently radical transformation and avoid the risk of extinction through irrelevance?
  • The other interesting bit of the report is Newman's suggestion that an interesting proposal for changing copyright laws that might actually make traditional "maximalists" and "minimalists" both happy is to increase more moral rights for copyright -- and allow copyright holders to effectively choose if they want to enforce the "economic" rights to exclude by going after statutory damages, or, alternatively, enforce the "moral" rights to protect their reputation. His argument is that this might fit better with the nature of content creation today:
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    "John Newman"
John Lemke

Court: Fining Jammie Thomas $9,250 Per Song Infringed Motivates Creative Activity | Tec... - 0 views

  • This is hardly a surprise, but similar to the Joel Tenenbaum case, Jammie Thomas-Rasset (the other person sued for copyright infringement for using a file sharing system), has lost again. The appeals court (8th Circuit) has ruled that $9,250 per song infringed is perfectly reasonable and that the judge in the case, Michael Davis, erred in calling for a new trial after the initial jury verdict (the first of three). There were a number of procedural issues here, and it's worth pointing out that Thomas-Rasset herself more or less asked the court to bring back this first verdict and focus on the Constitutionality of the damages amount. So, the whole mess with the three separate district court trials sort of gets swept under the rug. However, the court simply isn't buying Thomas-Rasset's claim that the statutory damages are unconstitutionally punitive and a violation of due process. Basically, it says that the fact that statutory damages are completely out of whack with actual damages doesn't matter, because the point of statutory damages is that they're disconnected from actual damages on purpose (because, in theory, they're put in place because actual damages are difficult to assess).
John Lemke

Cambodia Wants Mandatory Surveillance Cameras In Internet Cafes | Techdirt - 0 views

  • All telecommunications operators, sales outlets and distributors are obliged to register their business at local authorities. Meanwhile, all locations serving telephone services and Internet shall be equipped with closed circuit television camera and shall store footage data of users for at least 03 months. Telephone service corporation owners along public roads shall record National Identity Cards of any subscriber.
John Lemke

New Zealand Spy Agency Deleted Evidence About Its Illegal Spying On Kim Dotcom | Techdirt - 0 views

  • I have to admit that I'm consistently amazed at just how badly law enforcement in both the US and New Zealand appeared to screw up the raid and the case against Kim Dotcom. I've said it a few times before, but it really feels like authorities in both places actually believed the bogus Hollywood hype being spread by the MPAA about how Dotcom was really a James Bondian-villain, and acted accordingly, while ignoring any evidence to the contrary.
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    "I have to admit that I'm consistently amazed at just how badly law enforcement in both the US and New Zealand appeared to screw up the raid and the case against Kim Dotcom. I've said it a few times before, but it really feels like authorities in both places actually believed the bogus Hollywood hype being spread by the MPAA about how Dotcom was really a James Bondian-villain, and acted accordingly, while ignoring any evidence to the contrary."
John Lemke

Keurig Will Use DRM In New Coffee Maker To Lock Out Refill Market | Techdirt - 0 views

  • The plan was confirmed by Keurig's CEO who stated on a recent earnings call that the new maker indeed won't work with "unlicensed" pods as part of an effort to deliver "game-changing performance." "Keurig 2.0" is expected to launch this fall. French Press and pour-over manufacturers like Chemex have plenty of time to get their thank you notes to Keurig in the mail ahead of time as users are hopefully nudged toward the realization they could be drinking much better coffee anyway
John Lemke

Surprise: Obama's New US Trade Rep Overturns ITC, Stops Ban On Apple Products | Techdirt - 0 views

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    "Still, in a somewhat surprising move, Obama's recently appointed US Trade Rep., Michael Froman, has stepped in to directly overturn an ITC injunction issued against Apple products -- including iPhones and iPads, after the ITC sided with Samsung, saying that those devices violated Samsung's patents. The decision by Froman is final -- Samsung can't appeal, and it means that those iPhones and iPads won't get blocked at customs, as would likely have happened otherwise. You can read Froman's letter about this, in which he delves into some detail about the administrations worries about "patent hold up" -- mainly on standards-essential patents (SEPs) that have so-called FRAND (fair, reasonable and non-discriminatory) licensing commitments. As the letter notes:"
John Lemke

US Court Secretly Lets Government Share Megaupload Evidence With Copyright Industry | T... - 0 views

  • Apparently part of the issue for the original filing to reveal this information was that some copyright holders are getting antsy that as the case drags on, they won't also be able to file civil cases against Megaupload before the three-year statute of limitations expires. However, as Megaupload's lawyers point out, there is no urgency here since the government itself made no move to share this information over the past two years. If it really wanted to share the information it had ample time to make the request and allow Megaupload's lawyers to review and take part in the process, rather than trying to route around them entirely. I'm guessing the recent successes against IsoHunt and Hotfile may have contributed to the timing as well. The MPAA pretty clearly thinks it can use those two cases to go after Megaupload as well, outside of the criminal case which will continue.
John Lemke

NSA Is Tracking Mobile Phone Location On So Many People It Can't Handle The Data Storag... - 0 views

  • The NSA cannot know in advance which tiny fraction of 1 percent of the records it may need, so it collects and keeps as many as it can — 27 terabytes, by one account, or more than double the text content of the Library of Congress’s print collection.
  • NSA defends the program by saying that it uses the location data to find "unknown associates of known intelligence targets." Basically, it's tracking where everyone goes, just in case people end up spending time with people the NSA deems as being terrorists.
  • Elsewhere in the article, they quote NSA officials repeatedly saying that the program is "tuned to be looking outside the United States," but not saying it only collects info outside the US. Also, they make clear, once a person leaves the US, the NSA no longer believes the 4th Amendment applies to them, so their location is fair game in this giant database.. Asked for specific numbers, an NSA person said:
  • ...1 more annotation...
  • It’s awkward for us to try to provide any specific numbers..."
    • John Lemke
       
      Sad day when accountability becomes awkward.
    • John Lemke
       
      Sad day when accountability becomes awkward.
John Lemke

Some NSA Officials Favor Giving Snowden Limited Amnesty For All The Wrong Reasons | Tec... - 0 views

  • JOHN MILLER: He's already said, "If I got amnesty, I would come back." Given the potential damage to national security, what would your thought on making a deal be? RICK LEDGETT: So, my personal view is, yes, it's worth having a conversation about. I would need assurances that the remainder of the data could be secured, and my bar for those assurances would be very high. It would be more than just an assertion on his part.
  • those documents have been spread out to a number of third parties already.
  • The reason for granting amnesty is as a recognition that Snowden was, in fact, a whistleblower
John Lemke

Lawsuit Claims Accidental Google Search Led To Years Of Government Investigation And Ha... - 0 views

  • Jeffrey Kantor, who was fired by Appian Corporation, sued a host of government officials, including Attorney General Eric Holder, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Secretary Chuck Hagel and Secretary of State John Kerry in Federal Court, alleging civil rights violations, disclosure of private information and retaliation… He also sued Secretary of Energy Ernest Moniz, Acting Secretary of Homeland Security Rand Beers, Treasury Secretary Jacob Lew, EPA Administrator Regina McCarthy and U.S. Office of Personnel Management Director Katherine Archuleta.
  • "In October of 2009, Kantor used the search engine Google to try to find, 'How do I build a radio-controlled airplane,'" he states in his complaint. "He ran this search a couple weeks before the birthday of his son with the thought of building one together as a birthday present. After typing, 'how do I build a radio controlled', Google auto-completed his search to, 'how do I build a radio controlled bomb.'" From that point on, Kantor alleges coworkers, supervisors and government investigators all began "group stalking" him. Investigators used the good cop/bad cop approach, with the "bad cop" allegedly deploying anti-Semitic remarks frequently. In addition, his coworkers at Appian (a government contractor) would make remarks about regular people committing murder-suicides (whenever Kantor expressed anger) or how normal people just dropped dead of hypertension (whenever Kantor remained calm while being harassed)
  • Kantor also claims he was intensely surveilled by the government from that point forward.
    • John Lemke
       
      Our story begins with auto-complete and, once suspected, always monitored. has an interesting loophole. 
  • ...2 more annotations...
  • the law says that the timeline is based on when the citizen had a reasonable chance to discover the violation. Since the PRISM program was only declassified in July of 2013, these earlier violations should not be time-barred.
  • All in all, the filing doesn't build a very credible case and comes across more as a paranoiac narrative than a coherent detailing of possible government harassment and surveillance. Here are just a few of the highlights.
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    Wait till you see how many and who are involved.
John Lemke

In News That Will Surprise No One, NSA Has Cracked Mobile Phone Encryption To Listen In... - 0 views

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    Just in case you have spent the past few presidencies in a closet.
John Lemke

Western Union Gets A Patent On An Exchange For 'Alternative Currencies' | Techdirt - 0 views

  • nearly a year after the original Bitcoin paper -- it was before people were really talking about Bitcoin. So the filing doesn't mention Bitcoin, but does mention many of the more popular digital currencies that came before it
  • exchanging currencies is not a particularly new idea
John Lemke

Cops Seize Car When Told To Get A Warrant, Tell Owner That's What He Gets For 'Exercisi... - 0 views

  • Officer Hatch spent most of his time trying to talk Zullo into allowing him to search the vehicle without a warrant. Hatch seemed to be convinced that Zullo was involved with the heroin traffickers he was searching for. Hatch tried everything, including lying.
  • As the officers and Zullo waited for the tow truck, they continued to try to get his permission for a search. Zullo held firm, so the cops ditched him miles from home in 20-degree weather. Mr. Zullo asked Hatch if he could retrieve his money and cell phone from his car, because he did not know how he would get home without either item. Hatch refused, saying that getting home was “not my problem,” and warned Mr. Zullo that if he attempted to retrieve those items from the car he would be arrested. When Mr. Zullo walked towards his car, Hatch placed his hands on Mr. Zullo to restrain him from reaching the car. After the tow truck arrived and took Mr. Zullo’s car, Hatch and the second state trooper left the scene, leaving Mr. Zullo stranded on the side of Route 7.
    • John Lemke
       
      They stranded him.
  • ...2 more annotations...
  • After being seized, Zullo's car was searched by Officer Hatch using an actual drug dog and an actual warrant [pdf link]. Nothing illegal was uncovered.
    • John Lemke
       
      They found nothing other than a possible civil charge.
  • Both the drug angle and the registration sticker angle dead end into a search and seizure based on non-criminal actions. The state does have an out (one that will likely be deployed in its defense against Zully's lawsuit) that still allows law enforcement to search for marijuana, even if what's discovered isn't a criminal amount.
John Lemke

Former NSA Boss Says NSA Should Just Reveal Everything Itself And Move On | Techdirt - 0 views

  • Bobby R. Inman, who weathered his own turbulent period as N.S.A. director from 1977 to 1981, offers his hyper-secret former agency a radical suggestion for right now. "My advice would be to take everything you think Snowden has and get it out yourself," he said. "It would certainly be a shock to the agency. But bad news doesn't get better with age. The sooner they get it out and put it behind them, the faster they can begin to rebuild."
John Lemke

Kurt Eichenwald Claims Snowden Is A Chinese Spy And Leaks Are Just To Protect Their Cyb... - 0 views

  • And the attempts to tar and feather Ed Snowden continue. The latest is that famed reporter Kurt Eichenwald, who started attacking Ed Snowden months ago, has written up a long speculative article for Newsweek arguing that Ed Snowden has "escalated the cyber war" by giving China the necessary cover it needs to avoid reining in its own cyber attacks
  • That is, if you follow the bizarre logic here, without Snowden, Eichenwald believes that the US would have somehow convinced the Chinese to stop their cyber attack program. And, now because of Snowden, the Chinese can ignore that effort, by pointing out that the US is doing a ton of online hacking too.
  • Again, nearly everything about that statement is ridiculous. He didn't "leave all of the documents in Hong Kong." He provided heavily encrypted versions to a very small number of journalists, and then got rid of the files himself. Eichenwald takes that to mean he "left" them in Hong Kong, based on nothing, and all of this apparently means that Snowden is working for the Chinese (even though he left China pretty quickly).
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