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Europe, Free Speech, And The Internet

drdale writes "Declan McCullagh responds at CNET.com to a proposal by the Council of Europe to require Internet sites to publish replies by individuals whom the sites criticize. This would apply to all web sites, apparently, including blogs. Per McCullagh, the Council's proposals do not have the force of law, but often serve as the basis for new laws." Imagine the chilling effect if McCullagh's own politechbot and similar sites had to follow such rules.

341 comments

  1. Dupe, perhaps? by abischof · · Score: 2, Informative

    Dupe of this story?

    --

    Alex Bischoff
    HTML/CSS coder for hire

    1. Re:Dupe, perhaps? by TopShelf · · Score: 1

      No, I thought this one had to with the mandatory implementation of the evil bit in Europe...

      --
      Stop by my site where I write about ERP systems & more
    2. Re:Dupe, perhaps? by PhxBlue · · Score: 2, Funny

      Worse. . . it's a glitch in the Matrix! Run for your lives! :p

      --
      !#@%*)anks for hanging up the phone, dear.
    3. Re:Dupe, perhaps? by Anonymous Coward · · Score: 0


      Wait-a-sec.. Timothy posting a dupe of Hemos' articles? Where's Taco ("DupeKing") in all this?

    4. Re:Dupe, perhaps? by deadsaijinx* · · Score: 1

      not only is this a dupe, but it is poorly worded. the original summary does a much better job of explaining it

      "Today, the Council of Europe (an influential quasi-governmental body that drafts conventions and treaties) is to finalize a proposal that would force all Internet news organizations, moderated mailing lists and even web logs (blogs) to allow a right of response to any person or organization they criticize. This would mean that you would be required to post the responses as well as authenticate their origin and make the responses available for some period of time. This will likely have a chilling effect on Internet communication (at least in Europe)."

      --
      YOU SUCK BALLS!
    5. Re:Dupe, perhaps? by Anonymous Coward · · Score: 0
    6. Re:Dupe, perhaps? by Anonymous Coward · · Score: 0

      actually it's not a dupe, it's Declan McCullagh's reaction to that story

    7. Re:Dupe, perhaps? by Anonymous Coward · · Score: 0

      He'll post it tomorrow. Don't worry.

    8. Re:Dupe, perhaps? by Anonymous Coward · · Score: 0

      How is it that the first "It's a dupe!" post gets rated "redundant", and the third "It's a dupe!" post gets rated "informative"?

      Am I the only one that sees that as being a little bit backwards? Especially given that it is actually *not* a duplicate /. article.

    9. Re:Dupe, perhaps? by Hypocritical+Guy · · Score: 1

      How is it that the first "It's a dupe!" post gets rated "redundant", and the third "It's a dupe!" post gets rated "informative"?

      Am I the only one that sees that as being a little bit backwards? Especially given that it is actually *not* a duplicate /. article.


      All people posting that an article is a dupe should be modded down and beaten with a mainframe manual. There is nothing more redundant than seeing that all the time.

      --
      If you liked licking my balls, add me to your foes list!
    10. Re:Dupe, perhaps? by 1u3hr · · Score: 1
      All people posting that an article is a dupe should be modded down and beaten with a mainframe manual. There is nothing more redundant than seeing that all the time.

      SInce it IS a dupe, you can just close the page, or go back to the orignal version to read the cooments ther, without such distractions -- the earlier one is still open for comments, BTW.

      I see lots of "It's a dupe" posts as a way to let the "editors" know that it does annoy people. Just one post lets them ignore that. Though they still blow us off, at least they can't say no one cares.

      Anyway, I wouldn't blame the posters -- unlike the editors who have no excuse at all for being so unprofessional, each poster quite likely was looking at a page without the other dupe posts, not everyone refreshes the page every 30 seconds. Most of these are, or will soon be modded "redundant". You can modify your prefs so that a single redundant mod makes it disappear, and you will remain ignorant that you are reading a Groundhog story.

    11. Re:Dupe, perhaps? by Hypocritical+Guy · · Score: 1

      Why am I still allowed to post a message here? Your message was on June 18th, I'm posting this on October 28th. I'd imagine the discussion would have been closed and archived by now. Must be something with the databases or something. Anyways...

      Anyway, I wouldn't blame the posters -- unlike the editors who have no excuse at all for being so unprofessional

      This is a fucking blog, not a professional news site. Treat it as such.

      --
      If you liked licking my balls, add me to your foes list!
    12. Re:Dupe, perhaps? by 1u3hr · · Score: 1
      >Anyway, I wouldn't blame the posters -- unlike the editors who have no excuse at all for being so unprofessional
      This is a fucking blog, not a professional news site. Treat it as such.

      No, it's not a blog. It has editors who collect salaries, supposedly for editing. I used to edit a news site, posted 80 stories a day, and I was mortified if there was a dupe (same story from different source), and pulled it immediately. Here the editors post 1/10th that number of stories each per day. The is no excuse. Even less so for spelling mistakes.

  2. FreeSpeech means you can Duplicate by nurb432 · · Score: 2, Funny

    At least in this country you can repat yourself as many times as you like and not be arrested.. :)

    --
    ---- Booth was a patriot ----
    1. Re:FreeSpeech means you can Duplicate by mark_lybarger · · Score: 1

      and others have the right to comment and or flame your repetitive nature as well. free speach goes both ways ;)

    2. Re:FreeSpeech means you can Duplicate by macdaddy357 · · Score: 1

      You can repeat yourself, but don't repeat what anyone else says. It might be copyright infringement. The First Amendment doesn't protect that.

      --
      How ya like dat?
  3. Definitely! by dex22 · · Score: 4, Funny

    I think Slashdot in particular would benefit a LOT from having a right to reply.
    Oh, wait! :o)

    1. Re:Definitely! by PhxBlue · · Score: 2, Funny

      You might have something. If Microsoft felt a need to reply to every negative article that made it onto Slashdot, their PR costs would skyrocket. We could drag them into bankruptcy!

      --
      !#@%*)anks for hanging up the phone, dear.
    2. Re:Definitely! by ENOENT · · Score: 1

      Even better, MS's entire PR department would be arrested on misdemeanor charges involving Natalie Portman, hot grits, and a Stephen King obituary.

      --
      That's "Mr. Soulless Automaton" to you, Bub.
  4. Re:Dupe, i think so... by FearUncertaintyDoubt · · Score: 0, Redundant
  5. Seen it in action... by mgcsinc · · Score: 5, Insightful


    I commented this late in the very-similar post from the other day, but I figured it was worth it again, now that this is recieving more attention.

    The print incarnation of this rule has long been in force in Belgium, and it was funny, the local english-speaking magazine had to print a response by what is considered here to be a radical right-wing group (the Vlamms-Blok, more harmless than moderate republicans in the US, if you ask me); they printed the response, along with several articles sorrounding it (literally, on the page) about the introduction and severe abuse of the laws which mandate it, hence completely invalidating the response piece. They weren't even obligated to allow a re-response, it was great.

    My real question is, though, how can something as widely defined as European online communication be expected to produce cases which can actually be enforced in court. What's to prevent me from using a US blogsite, or host my site on US servers? Nothing. There's nothing like Eurocrats speanding hideous quantities of time and money on something which proves useless by sheer virtue of its unenforcability.

    1. Re:Seen it in action... by Anonymous Coward · · Score: 0

      Kinda like American DMCA and software patents?

    2. Re:Seen it in action... by Rick.C · · Score: 1
      There's nothing like Eurocrats speanding hideous quantities of time and money on something which proves useless by sheer virtue of its unenforcability.

      Who you callin' slackers, Euroboy? [big grin]

      Us 'Merikans are still in the competition, thankyewverymuch.
      --
      You were 80% angel, 10% demon. The rest was hard to explain. - Over The Rhine
      "Math in a song is good."-Linford
    3. Re:Seen it in action... by Anonymous Coward · · Score: 0

      Anyone would have a brain would understand that.

      What's to prevent me from using a US blogsite, or host my site on US servers

      If you live in europe and do business out of europe then you are subject to their laws.
      Is this 1991 all over again? This is not new info.

      Where the server is does not matter!

    4. Re:Seen it in action... by hummer357 · · Score: 1

      well...

      i think that you've got to look at it from the other side too, for example:

      imagine that you're someone who has been wrongfully accused of some crime or something, and that a *very* wrong story is posted on a big news site. the problem the is that your case will already be made by a lot of people who read the site, and that - normally - you can't do anything against it.

      you can always go to court to set things straight, but that's reserved for people with money to burn.

      if a regulation like this one would exist, you could have the right to get you side of the story on the same site too.
      if it wouldn't exist, all you can do is post in some forums, or scream about your cause in your blog, but that's about it. nobody will ever learn about it.

      the biggest problem is that the regulation won't be able to get enforced, because the time and money this will consume will be enourmous.

      and to reply to the parent post: the law over here in Belgium (the 'Axis Of Weasel' rules!) does indeed enforce this right in the dead tree media, but it really doesn't happen often that a 'right to reply' is used by anyone. i think that i've saw only one or two this year (that's already a lot of newspapers and magazines). and sometimes they're actually quite funny to read (companies or people making complete fools out of themselves...)

    5. Re:Seen it in action... by 73939133 · · Score: 1

      Nothing. There's nothing like Eurocrats speanding hideous quantities of time and money on something which proves useless by sheer virtue of its unenforcability.

      How does that differ from Americrats sending their goons to Sweden to pursue the author of DeCSS?

      International enforcement of intellectual property, computer hacking, and libel laws is a reality and it works both ways. The US depends on this sort of thing, and sends its police for around the world, much more than Europe. If the US wants other nations to help it in such matters, it has to reciprocate.

      There are plenty of stupid legal tricks and intrusive laws on both sides of the Atlantic. We should learn from the mistakes on either side and try to avoid repeating them. On a grand scale, I find this European law much less problematic than US laws like the DMCA and attempts at its overseas enforcement.

    6. Re:Seen it in action... by redhog · · Score: 1

      How does that differ from Americrats sending their goons to Sweden to pursue the author of DeCSS?

      Except, he's from Norway... And swedes and norweigians have moe or less the same relation to each other as USAians and Canadians...

      --
      --The knowledge that you are an idiot, is what distinguishes you from one.
  6. Getting a jump... by H0NGK0NGPH00EY · · Score: 2, Funny

    ...so, like, Slashdot is getting a jump on this, and replying to it's own previous story?

    --
    Do not read this sig.
    1. Re:Getting a jump... by Analogy+Man · · Score: 2, Funny

      Who will hack the first Rebuttal Bot? Bot: Bill Gates is an evil dirty rat bastard because his latest OS, MS-Kids, includes a vial of crack attached to bean filled plush toys.... Rebut Bot: Our enhanced operating system provides everything you will think you need. Resistance is futile you will be assimilated....

      --
      When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
  7. This Is Why I'm Proud to Be An American. by Pave+Low · · Score: 0, Flamebait

    'nuff said.

    .

    --
    SIG:Slashdot: indymedia for nerds.
  8. Suggestion by Anonymous Coward · · Score: 0

    Websites forced to provide a medium for a response should simply link to a slashdot journal, such as this one.

  9. Why chilling? by Anonymous Coward · · Score: 5, Insightful

    Why would this have a chilling effect? It just ensures the powerfull and rich people can't bash and blaim poor people, without giving them a chance to defend themselve. Journalists have way too much power, and that power should be regulated so it isn't abused.

    1. Re:Why chilling? by davecb · · Score: 4, Interesting
      And the right of reply is something that makes it safe to make critical comments in email or news. Because the person/organization can reply, they can't go to a court and say "they slandered me and won't let me defend myself, so make them give me money".

      Of course, that's mostly useful in non-litigatious countries (;-))

      --dave

      --
      davecb@spamcop.net
    2. Re:Why chilling? by pheared · · Score: 1

      I agree; I don't see what's so chilling. This doesn't put a stop to anyone's flaming.

      I would have a problem with it, though, as it requires one to be an outlet for any schmuck one happens to pick on. Fine, if that's the way it has to be, then in order for someone to host the schmuck's reply, they ought to be able to charge the schmuck for the hosting costs. It shouldn't be a total penalty for the person who illicited the reply, by employing their free speech.

    3. Re:Why chilling? by pclminion · · Score: 2, Informative
      It just ensures the powerfull and rich people can't bash and blaim poor people

      No, it means that when you post anti-Microsoft tirades on your little blog site, MS has the right to come in and force you to put up a 500k .doc file telling everyone why you are full of shit.

    4. Re:Why chilling? by TamMan2000 · · Score: 1

      MS has the right to come in and force you to put up a 500k .doc file...

      And you can tell them to host it themselves and you link the damn thing.

      I am not saying that I am for this (I am undecided), but the hosting dificulties arguments are BS.

      --
      "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
    5. Re:Why chilling? by Pig+Hogger · · Score: 1
      Why would this have a chilling effect? It just ensures the powerfull and rich people can't bash and blaim poor people, without giving them a chance to defend themselve. Journalists have way too much power, and that power should be regulated so it isn't abused.
      Indeed. In fact, it should be extended even to advertising; but the right-of-response would not be given to the competition, but rather to organizations fighting some kind of product.

      For example, Mc Donald ads would have to post rebuttals by health groups, or car ads would have to post rebuttal by public transit organizations.

      The idea is to have a fair balanced information available to citizens (and/or consumers).

    6. Re:Why chilling? by lynx_user_abroad · · Score: 1
      Why would this have a chilling effect?

      If you make an online statement about me, you would be required to foot the bill for my response. Note that my response does not have to be interesting, clever, on-topic, or concise.

      Imagine you have criticized by speling capabilities. I could demand you publish a list of people I say have no objection to my spelling, and include a copy of several phone books. Or one of those one-billion-email-addresses-for-a-dollar CD's.

      Mention my prose is worthless, and I could prove the point at your expense.

      --

      The thing about things we don't know is we often don't know we don't know them.

    7. Re:Why chilling? by Anonymous Coward · · Score: 0

      Its time BB administrators became accountable to their constitencies, I have had threads deleted from one that only allowed "plain Vanilla" liberals and conservative postings, when I started to talk about Bush's uranium forgeries, my thread got closed because the UN made that declaration 2 weeks ago, problem was, almost no one who relied on "legitimate" Media in America had heard of it and the comments about it was that it was "new" news to about 75% of the people who read it. My only recourse was to find another forum. That took about a month, and although I like alternet.org, but there I'm "preaching to the choir", and now we need a full discussion of the issues. In America, we just recieved "news" of what the Marines ate for breakfast, tearing down Saddam's stutue, and Jessica Lynch's rescue. I had thought the internet was going to be the bastion of free speech, but there are currently no checks on the power of administrators. The most experienced posters I've talked to all seem to think moderators & administrators have too much power.

    8. Re:Why chilling? by tomhudson · · Score: 3, Informative
      they can't go to a court and say "they slandered me and won't let me defend myself, so make them give me money".</quote>

      What does a right of reply have to do with not being able to sue for slander or libel?

      Come on, if your local newspaper, or, more likely, the National Enquirer, published a headline on page one saying you're a pig-fucker, you already have the right to write back to the editor. So they publish your rebuttal and say - "see, we've published your rebuttal, nyah-nyah, don't sue us".

      Would you be satisfied? Not very likely. You'd sue (unless you really are a pig-fucker, or the goatse.cx man, in which case there has been no libel).

      You think people are going to pay attention to a rebuttal? Or that it would have as much credibility as a million-dollar award by the courts?

    9. Re:Why chilling? by pclminion · · Score: 1, Insightful
      My point wasn't the fact that the doc was 500k, I just said that to give a specific example.

      In a way it makes sense to hold media organizations to a right-of-reply standard since they generally have control over the media distribution channels (the capacity to print newspapers, ownership of the broadcasting stations, etc.) and therefore could easily stifle contrary opinions.

      There is no such potential monopoly of information on the web. Anyone and everyone can put up a web site (by hosting it themselves, or through someone else, or just posting comments on any of the billion bulletin boards out there). It isn't possible for people to censor each other on the web, since nothing is stopping you from putting up your own site. The situation is quite different when you need a half million in startup capital just to start printing your own newsletter.

      I'd say the internet is making traditional media organizations less and less relevant. This sort of law is just total stupidity.

    10. Re:Why chilling? by Spudley · · Score: 1

      No, it means that when you post anti-Microsoft tirades on your little blog site, MS has the right to come in and force you to put up a 500k .doc file telling everyone why you are full of shit.

      Rubbish.

      As has already been said (here and in the earlier dup story), this is the same as laws that already exist for newspapers, etc.

      If your alarmist reaction had any foundation in reality, our newspapers would by now be reduced to massive slabs of paper filled with 500 page responses to various articles.

      It simply doesn't work like that.

      What we actually see are the responses that don't usually take up more space than a small article. These responses, by the way can be from large comapnies, but are also often from individuals like you and me.

      Trying to make them print a 500 page response would never happen. For one, the newspapers would jusifiably ask you to pay for the printing, but more importantly, the purpose of the right to reply is to give you the chance to get your point across. A 500 page reply would simply not be read by anyone, so it fails that basic criteria.

      I posted a longer version of this comment in the previous version of this story.

      --
      (Spudley Strikes Again!)
    11. Re:Why chilling? by Kevitt · · Score: 1

      How about because I (and anyone else, European or otherwise) should have the basic fundamental human right to state an OPINION about whatever topic, whether it be a company or something just dreamed up. If my or anyone elses opinion of XYZ Corp. isn't what they like, well then that's just plain tough. Life sucks, XYZ Corp sucks... deal with it.

    12. Re:Why chilling? by Anonymous Coward · · Score: 0

      ), this is the same as laws that already exist for newspapers, etc.

      And the law sucks which is one of the reasons I am glad it doesn't exist in the US. If you are curious here is a brief list of countries that have a forced right of reply:

      UK,France, Germany, Belgium, Norway, Sweden, Greece, Austria and Switzerland

    13. Re:Why chilling? by BenTels0 · · Score: 0

      There's no reason for you not to have that opinion or express it. If this proposal becomes a treaty however, and you express that opinion online in countries that have signed and ratified said treaty, then you have to give XYZ Corp the opportunity to explain why you are mistaken. This does not detract from your opinion in the slightest, nor does it in any way prevent you from expressing that opinion.

    14. Re:Why chilling? by Anonymous Coward · · Score: 0

      You are free to say almost anything that is truthful in the U.S. by law. If it's your opinion...then it's your opinion. If it's NOT factual and you try to pass it off as a fact thought, then it's libel and you can get yourself in legal troubles.

      When you are speaking the truth though...libel really doesn't apply. If someone is what you are accusing them of, then to the best of my knowledge they really can't do much for you saying so.

      * I am not a lawyer.

    15. Re:Why chilling? by istartedi · · Score: 1, Insightful

      It also ensures that relatively poor people can't say anything because the labor and/or expense of complying is beyond their means.

      I think this is a symptom of a larger problem.

      Whenever a situation arises where it becomes possible for "little guys" to compete with the "big guys" the big guys come up with a response to make it difficult or impossible.

      Examples:

      Situation: Anyone can come up with an invention and file a patent. Response: flood the office with patents so arcane and numerous that the legal costs far exceed the filing costs. Also, come up with nonsense patents to deter small inventors.

      Situation: Cheap blogs that are often better news sources than "professional" journalists. Response: Create regulations that make it not worth blogging.

      It's rather ironic that you think these rules will take power away from "journalists" which I assume you define as CNN/Enquirer, etc. Instead, it will have minimal impact on them because they have the economies of scale involved with a corporation, and are used to complying with all kinds of regulation. It's joe sixpack blogger who shows up the big boys. He's the one who threatens them; and he's the one that will be regulated out of business.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    16. Re:Why chilling? by poot_rootbeer · · Score: 1

      It just ensures the powerfull and rich people can't bash and blaim poor people, without giving them a chance to defend themselve. Journalists have way too much power, and that power should be regulated so it isn't abused.

      Where did you get the idea that journalists are "powerfull and rich"? Do you have any idea what the average reporter's salary is?

      Journalists have way too much power, and that power should be regulated so it isn't abused.

      Here in the US it's stated explicitly that freedom of the press shall NOT be abridged. What you are advocating is exactly the opposite.

    17. Re:Why chilling? by Spudley · · Score: 2, Insightful

      The law may or may not suck. I didn't say anything about it's pros and cons.

      My point was simply that the scare-mongering reaction "I might be forced to host a 500 meg file that will crash my server" is simply and demonstrably wrong.

      You can object to the principle of it if you like (that's your call, and I don't really care much either way what your principles say on the matter) but alarmist reactions are not a good way to further your cause.

      Sadly, they seem to be par for the course here, but that's a whole other topic of discussion.

      --
      (Spudley Strikes Again!)
    18. Re:Why chilling? by Spudley · · Score: 1

      Sorry, but the paper-based version of this law holds just as true to someone photocopying fifty copies of his handwritten pamphlet as it does to the major national newspapers.

      The difference is that no-one ever bothers to persue the small guy. If he's only printed fifty copies of his pamphlet, what really is the point in forcing him to print a retraction?

      The same will hold true of the internet. You can write as much as you like about Microsoft on your homepage, and they won't do a thing about it. Why? Because it's frankly not worth the effort.

      How many people visit your homepage each month? It's simply not enough to make it worth their time to go after you. In order to use their right to reply, they have to respond to what you've said, which means reading it, and writing a reply that deals with the points you've made.

      Google searches and boilerplate letters may work for cease-and-desist letters, but to get their right to reply they will have to actually do some work, so unless your site has a *lot* of visitors, I think you'll remain perfectly safe in your obscurity.

      --
      (Spudley Strikes Again!)
    19. Re:Why chilling? by knobmaker · · Score: 1
      Why would this have a chilling effect? It just ensures the powerfull and rich people can't bash and blaim poor people, without giving them a chance to defend themselve.

      And now that you have bashed and blamed rich and powerful people, you will be required to give every rich and powerful person a chance to defend himself. And unlike poor people, rich people can pay lawyers to make sure you comply. Might want to rethink this.

    20. Re:Why chilling? by 73939133 · · Score: 1

      What does a right of reply have to do with not being able to sue for slander or libel?

      Both are mechanisms that ensure a fairness. And it makes sense that if you put a mechanism like "right to reply" in place, you put limits on "right to sue for libel". I, for one, would welcome such a tradeoff here in the US, because libel lawsuits for big bucks have a much more chilling effect than "right to reply".

    21. Re:Why chilling? by Tailhook · · Score: 1

      It chills me to think that I'd need a lawyer to operate a blog just to ensure I've complied with the extra fine detail of the law. Rich people will always have a means to harass and abuse poor folks. If a "poor" guy starts a controversial blog, pisses off a "rich" guy, and then fails to comply with this Right of Reply nonsense in some minor way, he'll end up defending himself against powerful lawyers. Bank on it.

      --
      Maw! Fire up the karma burner!
    22. Re:Why chilling? by tomhudson · · Score: 1
      And it makes sense that if you put a mechanism like "right to reply" in place, you put limits on "right to sue for libel".
      You only have to worry about suits if what you say isn't true. And if you're lying, you should have your ass sued off.

      The second problem is retention. People are more likely to remember the original libel than any reply you post - the damage is already done.

      Just take a look at the dispute between SCO and IBM. SCO is blathering all over the place, IBM is saying, "You're wrong, but you're welcome to try and prove it in court.". Whose stance do you respect more?

  10. The great thing about the internet by Anonymous Coward · · Score: 1, Insightful

    Is that almost anyone can publish. It's really simple, and fairly cheap. Laws like this are just silly.

    1. Re:The great thing about the internet by JonTurner · · Score: 2, Insightful

      Cheap? Easy for you to say, AC, when slashdot is paying for the traffic and web hosting for your pithy comment.

      If, however, *you* were required to pay for the servers, bandwidth, and hosting to publish the views of people with whom you disagree, then possibly you'd understand that this is really a tax on speech.

      It is essential to understand that whether speech is published via ink on dead trees or bits across a wire there are costs that *someone* must bear.

      This law isn't merely "silly," it's evil and should not be dismissed casually, as you have done.

    2. Re:The great thing about the internet by tx_kanuck · · Score: 2, Insightful
      But considering that a link is considered enough, then it really is cheap. Log onto the server, and add the following to the footer of the article/comment/whatever.

      **

      As per legal requirements, I am required to post a link to XXXX's reply to my comment.

      click here

      **

      --
      Now, if that makes sense to anyone, could you please explain it to me? I think I've confused myself.
    3. Re:The great thing about the internet by AKnightCowboy · · Score: 1
      This law isn't merely "silly," it's evil and should not be dismissed casually, as you have done.

      I always thought it would be a good idea to have a 5 year old check over any new laws being proposed. If they say it's stupid then it should be immediately thrown out. Why don't lawmakers use any common sense anymore? If they did things like this or the DMCA would never get passed.

  11. Slashback already? by Teun · · Score: 0, Offtopic

    Anything changed in the last day and a half or so that makes it worth to repost?

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  12. Anonymous Coward is a fool by danormsby · · Score: 5, Funny
    Anonymous Coward is a fool.

    In accordance with European law Anonymous Coward may reply to this comment.

    --
    Omnis amans amens
    1. Re:Anonymous Coward is a fool by Anonymous Coward · · Score: 0

      I demand a reply!

    2. Re:Anonymous Coward is a fool by danormsby · · Score: 1

      And here it is.

      --
      Omnis amans amens
    3. Re:Anonymous Coward is a fool by JordanH · · Score: 1
      As required by European Law, are you authenticating with certificates that the Anonymous Cowards that are replying are The Real Anonymous Coward?

      ...I didn't think so!

    4. Re:Anonymous Coward is a fool by Anonymous Coward · · Score: 0

      Anonymous Coward is a fool.

      No I'm not. You are.

      In accordance with European law "danormsby (529805)" may reply to this comment.

    5. Re:Anonymous Coward is a fool by danormsby · · Score: 1

      This might go on for some time....

      --
      Omnis amans amens
  13. Re:Dupe, i think so... by zptdooda · · Score: 0, Redundant

    Naw it's just /. exercising their right of repetition.

    --
    Esteem isn't a zero sum game
  14. danormsby (529805) is a blithering dolt by Anonymous Coward · · Score: 0

    danormsby (529805) is a blithering dolt.

    Good enough for you, cockmonkey?

  15. This just highlights the bad search engine on /. by drinkypoo · · Score: 1

    You can search for a story using its complete title and not find it in the list of hits at all. Perhaps fixing the crappy search function would help editors stop posting dupes. Hell, this was on the front page already, even. Of course, it could just be that timothy didn't even look, in which case, push him out the airlock

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  16. Ummm... by Anonymous Coward · · Score: 1, Informative

    First up, I don't agree with this proposal at all, but it seems apparent that there are some exaggerations here.

    First, this proposal seems to be aimed at protecting the individual from slander by business, not vice-versa.

    Second, I don't see how this relates to blogs.. the draft specifically says "professional on-line media": The right of reply, and in particular the principles of Resolution (74) 26, should apply not only to the press, radio and television, but also to professional on-line media.

    and in the "definitions": the term "professional on-line media" means any natural or legal person or other entity whose main professional activity is to engage in the collection, dissemination and/or editing of information to the public on a regular basis via the Internet

    1. Re:Ummm... by agallagh42 · · Score: 2, Informative

      Did you RTFA? No? Heres a section you might find interesting.

      "A January 2003 draft envisioned regulating only "professional on-line media." Two months later, a March 2003 draft dropped the word "professional" and intentionally covered all "online media" of any type."

      --
      Carpe Cerevisi - Seize the Beer
    2. Re:Ummm... by Anonymous Coward · · Score: 0
      I don't see how this relates to blogs.. the draft specifically says "professional on-line media"

      From the article:

      A January 2003 draft envisioned regulating only "professional on-line media." Two months later, a March 2003 draft dropped the word "professional" and intentionally covered all "online media" of any type.

      Pall Thorhallsson of the organization's media division explained this move by arguing that bloggers and their brethren are becoming influential enough to be regulated as are their counterparts in the offline world.

  17. Imagine the chilling effect by arevos · · Score: 0

    "Imagine the chilling effect" most /.ers would have if the editors actually stopped posting dupes :)

    Where would /. be without duplicated stories every few days?

  18. Push by Anonymous Coward · · Score: 0

    Better patent laws +1 + Limiting free speech -1 = Weekly European Modifier 0

  19. I think the US doesn't get it! by xutopia · · Score: 3, Insightful
    Politicians and media in the US live in a free haven from public backlash. Europeans don't want the same to happen to them.

    Compagnies like Microsoft can bash linux as a file server or Java as a viable programming language and Sun and the OSS community can't do anything about it. With laws like these the truth can come out. It is a law of fairness. Not just the rich media have a voice anymore.

    I'd love to see such fairness happen in North America.

    1. Re:I think the US doesn't get it! by Anonymous Coward · · Score: 1, Insightful

      Die you stupid socialist scum, you!

    2. Re:I think the US doesn't get it! by HopeUnknown · · Score: 3, Interesting

      It seems like big business will just use this as a way to stamp out or obscure dissent. Every blogger that makes a negative comment about the music industry will have to post RIAA propaganda on their webpage, for free.

    3. Re:I think the US doesn't get it! by nate1138 · · Score: 3, Insightful

      You may have a point, but it isn't worth the sacrifice. In the US, free speech is our most treasured right. ANY attempt to restrain it will not be tolerated. Sure, companies are free to spread FUD, bash each other's products, etc. But If you don't think this happens EVERYWHERE that capitalism is permitted, you are a fool. What makes you think that the published response will be "truth"? If you rely on the media to make your decisions for you, you need to start paying more attention.

      --
      Where's my lobbyist? Right here.
    4. Re:I think the US doesn't get it! by Anonymous Coward · · Score: 1, Insightful

      >I'd love to see such fairness happen in North
      >America.

      Yes, a paper can lie about you to 10E6 people but you cannot give answer to 10E6 because you are not the proprietary of a paper enterprise. This is fair, I agree.

    5. Re:I think the US doesn't get it! by Bull999999 · · Score: 1

      " Politicians and media in the US live in a free haven from public backlash."

      Why do you believe that politicians and media in the US live in a free haven from public backlash? There were plenty of anti-Hatch remarks on the Hatch ./ article.

      "Compagnies like Microsoft can bash linux as a file server or Java as a viable programming language and Sun and the OSS community can't do anything about it."

      And do we not bash Microsoft regularly on ./?

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    6. Re:I think the US doesn't get it! by Anonymous Coward · · Score: 0

      Hello moderators. This is a troll and flamebait. It is just US bashing and really makes no sense.

    7. Re:I think the US doesn't get it! by Anonymous Coward · · Score: 0

      > In the US, free speech is our most treasured
      >right. ANY attempt to restrain it will not be
      >tolerated.

      This does not restaint free speech. It gives more free speech because both (publisher and people converned by publication) can speak.

      >What makes you think that the published response
      >will be "truth"?

      Are you supposing that the published is the truth ?

    8. Re:I think the US doesn't get it! by interiot · · Score: 1

      I don't think that RIAA propaganda will be a problem... PBS newshour had an online debate about copyright issues, and (in my humble opinion) the RIAA came off as just repeating the same line over and over even though the questions presented were nuanced. Now repeat this over thousands of bloggers versus a small legal department screening the official stance, and the RIAA will seem even more detached from reality.

    9. Re:I think the US doesn't get it! by perlyking · · Score: 1

      Its not restraining free speech, its adding more :)

      --
      no sig.
    10. Re:I think the US doesn't get it! by Anonymous Coward · · Score: 0

      How does that work? Can you explain that? Either you have freedom or you don't. You can't have more or less freedom. It may make it more easy to practice your freedom of speech but it does not increase your freedom. By not allowing you to reply on my website I am not reducing your freedom of speech in any way. You just have to post your reply on your own site.

    11. Re:I think the US doesn't get it! by Scaebor · · Score: 1

      While it is true that there are forums for venting on issues in the US, the key distinction is that such forums as the referenced Hatch /. article are so insignificant to the big picture that posting one's views there has about as much effect on the political landscape as posting the same comments using stickynotes to your bedroom wall. The point here is to allow critical responses to have a larger voice, elevating them to a position of, perhaps, being something other than completely ineffectual replies that are ultimately futile.

      --
      "Hey brother Christian with your high and mighty errand / your actions speak so loud I can't hear a word you're saying"
    12. Re:I think the US doesn't get it! by poot_rootbeer · · Score: 4, Insightful

      Politicians and media in the US live in a free haven from public backlash.

      Tell this to Trent Lott and Howell Raines.

    13. Re:I think the US doesn't get it! by Bull999999 · · Score: 1

      But the problem is that if this becomes a law, it may hurt the little guy more than the big business/public figures. For example, let's say John Doe creates a personal page that says, "Hatch sucks big donkey dicks". Hatch himself or someone from his office could write pages of pro-Hatch paper that amounts to nothing more than a politcal ad and force John Doe to post it on his own site.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    14. Re:I think the US doesn't get it! by Anonymous Coward · · Score: 0

      Of course its adding more speech.
      The post didn't say more freedoms.

      We in the UK allready have this kind of thing, its really only good journalistic practice - give the other side a chance to speak.

      Of course I realise good journalism and real freedom of speech are things that are only given lip service in the US.

    15. Re:I think the US doesn't get it! by xutopia · · Score: 2, Insightful

      Free speech is not hindered by this law. It is enhanced.

      There is only good with the US constitution's goal especially regarding freedom of speech. However today a few media giants control what information you are presented with and it is very hard for many people to have an unbiased point of view.

      You are right to ascertain that two conflicting points of views means that one certainly isn't right. I'd even go so far as saying that two conflicting articles could both be wrong!

      The point is to get people thinking. Slashdot allows us to say things and receive backlash or commendation for what you say and what you say stays (accessible if you wish by changing your settings). Can you do the same on CNN? Are you allowed to see messages that really go deep on how a certain article is biased?

      People need to think more and R-O-R is important especially when huge media factories pump out whatever information suits them.

    16. Re:I think the US doesn't get it! by nate1138 · · Score: 2, Insightful

      How is forcing somebody (be it company or individual) to make somebody else's voice heard free speech? I think it is you that doesn't "Get it"

      --
      Where's my lobbyist? Right here.
    17. Re:I think the US doesn't get it! by 73939133 · · Score: 1

      It seems like big business will just use this as a way to stamp out or obscure dissent.

      Maybe they will figure out how to use this against dissent. If they do, we can deal with it then. But we already know where not doing anything takes us.

      Every blogger that makes a negative comment about the music industry will have to post RIAA propaganda on their webpage, for free.

      Just a link will suffice. And if the RIAA has to hire 1000 new employees to handle all of this, all the better.

    18. Re:I think the US doesn't get it! by xutopia · · Score: 1
      yes we bash MS regularly on /. who is to deny that!

      But say who has more media power? MSNBC or /.?

      Say if MSNBC comes out with an article that states that Linux is loosing ground for such and such reason and that Windows is more powerful. We'll rant about it on /. and our audience (people interested in news for nerds) will see it but not the same audience that MSNBC reached. Damage done, MSNBC is happy and MS's sales go up, crushing OSS's hope in the process.

      To level the playing field a ROR would give Linus reply right to the same audience that MSNBC bashed. Do you see the distinction? We can repair where the damage was done. Ranting on /. is free speech but is it as powerful and meaningful as what ROR provides?

    19. Re:I think the US doesn't get it! by Anonymous Coward · · Score: 0

      This is indeed Insightful. Well done.

    20. Re:I think the US doesn't get it! by mark2003 · · Score: 1

      How is forcing somebody (be it company or individual) to make somebody else's voice heard free speech? I think it is you that doesn't "Get it"

      How is forcing somebody to allow a response by the person they discuss NOT free speech?

      Based of an example in the UK - say I am a huge corporate, maybe a large burger chain, I accuse (perhaps in national papers in the UK) some (fairly poor) environmentalists of something nasty. In order to respond they have to go to court at their own expense, which they can ill afford, which they do although it bankrupts them. That is a very expensive form of free speech.

      However, once this law is in place they can respond in the same publications that the large corporate has used. It enhances free speech as it means you right to reply is limited by your lack of personal resources.

    21. Re:I think the US doesn't get it! by mark2003 · · Score: 1

      Doh! Meant to say: It enhances free speech as it means you right to reply is NOT limited by your lack of personal resources.

    22. Re:I think the US doesn't get it! by nate1138 · · Score: 1

      How is forcing somebody to allow a response by the person they discuss NOT free speech?

      Simple. If I force you to say it, it wasn't freely said. I don't mind it so much against giant corporations, but it doesn't just apply to them. It applies to my weblog, your homepage, any kind of internet site. That is wrong. I don't have any more leverage than you do, why the hell should I have to waste my resources to promote YOUR views?

      --
      Where's my lobbyist? Right here.
    23. Re:I think the US doesn't get it! by Jadrano · · Score: 1

      Is freedom of speech really that strong in the US? One aspect of it, namely prohibiting that the state limits freedom of speech is stricter in the US than in other countries.
      But that is only one of several aspects of freedom of speech.
      Freedom of speech can, for example, be restricted by the concentration of mainstream media and their business interest or the threat of multi-million damage claim. In these respects, the protection of freedom of speech is more developed in Western Europe. The right to get a rebuttal published diminishes the limitation of freedom of speech that arises from the power of large mainstream media, and the more moderate amounts of compensation payments and costs of litigation diminishes self-censorship.

    24. Re:I think the US doesn't get it! by nate1138 · · Score: 1

      That isn't a restriction of speech. It is a limitation on being heard. Nowhere in the US Constitution does it guarantee a right to be heard. You have a right to speak, but I have a right to ignore you. I do agree that large mainstream media needs to be curtailed, but not this way. This idea is too broad. It would require me to adhere to ROR in my PERSONAL weblog, or you on your homepage. That is damaging.

      --
      Where's my lobbyist? Right here.
    25. Re:I think the US doesn't get it! by Jadrano · · Score: 1

      Yes, but it's not only the right to be heard the US constitution doesn't guarantee, it doesn't guarantee freedom of speech, either, and it doesn't even try to protect it - as long as it isn't the state that prevents freedom of speech.
      If you don't want to publish a reply, just don't, then the person who wants to have a reply published can go to court, and they decide whether the reply has to be published.

    26. Re:I think the US doesn't get it! by nate1138 · · Score: 1

      it doesn't guarantee freedom of speech

      What are you smoking? Ever heard of the first amendment?

      If you don't want to publish a reply, just don't, then the person who wants to have a reply published can go to court, and they decide whether the reply has to be published.


      So you still have to go to court. Why not just sue for libel and avoid this stupid legislation to begin with?

      --
      Where's my lobbyist? Right here.
  20. That's a good thing! by Fefe · · Score: 3, Insightful

    This is already law for newspapers, and why would internet sites be held to a lesser standard?

    And what is the alternative? Facing countless lawsuits? I think it would be less easy to sue someone if he already had to publish your clarification.

    And it doesn't say you would have to delete your original or that you can't make sure everyone understands you were forced by law to publish the "clarification" and you still stand by your original report.

    1. Re:That's a good thing! by CaptainStormfield · · Score: 3, Informative

      This is already law for newspapers, and why would internet sites be held to a lesser standard?

      It's not the law for newspapers in the U.S.; the U.S. Supreme Court struck down a right-of-reply statute in 1974. See Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974).

      --
      "The dinosaurs died because they didn't have a space program." - Niven
    2. Re:That's a good thing! by Anonymous Coward · · Score: 0

      This has nothing to do with posting clarifications and corrections. This has to do with Joe blogger posting his opinion on something and having to post a dissenting opinion. If something you post is incorrect then you are open to lawsuits. If somebody just disagrees with what you have to say then it is just tough shit for them.

    3. Re:That's a good thing! by haystor · · Score: 1

      A person has to be provided the right of reply in the same newspaper.

      A person has to be provided right of reply on the same internet.

      You're right, it does sound fair enough.

      Seriously though, why should I have to host a link just because I hold an opinion? This law would exact a real (albeit small) price out of voicing an opinion. That makes it wrong as law.

      I'll agree that its probably right as a formal policy but not a law.

      Contrary to what they're teaching in grade school, not everyone's opinion counts and my forum is not the place for opinions I don't hold.

      --
      t
    4. Re:That's a good thing! by reverse+flow+reactor · · Score: 5, Insightful

      I agree. What are you afraid of? A healthy debate? This law should do nothing to prevent people from publish what they already are. What it will do is force them to do a little more research about what they are writing.

      If you are writing well researched material, then your opponent must reply in kind. If you are writing unresearched, knee-jerking, reactionary garbage and didn't set your facts right, then maybe you have something to worry about.

      Think of it this way: What if Microsoft wrote a terrible review of a Linux filesystem with obvious errors. The right of reply would allow the coder responsible to send in a reply that said "actually, we do have that feature. It is in the code, lines 789-1245. It works. It has worked for several years now, and we have a mailing list full of responses to prove it." This is good.

      What this law does (or what it intends to do, and I hope that the law is not bent to other purposes) is level the playing field. Microsoft can try and publish a slander paper on Red Hat, but Red Hat can refute the charges just like Microsoft can refute something that Red Hat says about Microsoft.

      What this forces people to write more about the strengths of the idea that they are proposing and less about the weaknesses of someone else's idea. It is easy to be a critic. It takes a lot more thought to come up with a better idea. But better ideas change the word and negative comments take it nowhere.

      The right of reply can be very good. Far too many stories are one-sided. Some of the best journalism I have ever read involved a newspaper committing half of a page to one side of an issue and the other half to the opposite issue. That format forced the reading to really THINK about the issue.

      Please reply with your well-researched and insightful comments. They may be contrary to mine, but if they are insightful, then I am listening.

      --

      The significant problems we face cannot be solved by the same level of thinking that created them. -Einstein

    5. Re:That's a good thing! by Alsee · · Score: 1

      This is already law for newspapers, and why would internet sites be held to a lesser standard?

      Two reasions that this is appropriate for newspapers but not appropriate as a general online law.

      First of all Newspapers are a priviledged/advantaged speaker. Unless you happen to own a newspaper of your own you are incapable or equivalent speach yourself. This law places a very minor burden on a large corporate newspaper in order to grant others a voice.

      On the internet everyoe already has the right and ability to reply all by themselves. ANYONE can put up a FREE and GLOBAL blog or webpage of their own. There is no need to place any burden on one speaker in order to ensure a voice for another speaker.

      Secondly they specificly state that this applies to things like blogs. On the internet the Great and Powerful WEBMASTER may be a 10 year old girl in elementry school blogging about her Barbie Dolls.

      What is an insignifigant burden for a newspaper with a full time staff of dozens and a legal department becomes an unreasonable burden to place upon an individual. Is it reasonable to REQUIRE this girl to provide a means of contact? Does she provide an E-mail address and take time away from school every day to trudge through tons of spam? Or does she provide her real address and deal with perverts showing up at her front door? Is it reasonable to require her to validate the identity of whomever contacts her? Is it reasonable to require her to put in the work to provide Mattel Incorporated a forum to speak about her Barbie Doll blog? Mattel Incorporated is perfectly capable of speaking on their own.

      This law would in the majority of cases be used by corporations with a legal staff and would place the burden on the individual. This is the exact opposite of the original intent.

      People advocating the law keep stating that they want individuals to be able to respond to corporate abuses. But the law specificly targets individuals like bloggers. It will create corporate abuse against individuals.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:That's a good thing! by KrispyKringle · · Score: 2
      As a prior response to your post pointed out, this is not already law in the United States and is, in fact, considered unconstitutional (see FindLaw).

      I don't see what lawsuits you think are faced by not granting the right of reply, newspapers are largely exempt from libel in common law, provided that the publication does not appear to be intentionally malicious. So short of the most irresponsible, blatantly partisan newspapers, lawsuits should not be a huge concern. Again, this is the Anglo common-law precedent, and I have no idea how it is in your apparent home of Germany.

      That your focus is on personal injury rather than freedom to report shows a rather different perspective from the American one. The general consensus of our Supreme Court is that freedom to communicate without fear of repurcussions, especially when the communication is critical or antagonistic towards those with more power, is a crucial check against tyranny; indeed, the press has often been referred to in the US as the fourth branch of government.

      When faced with the risk of libellous speech versus that of restricted political speech, the prior is always more tolerable than the latter, in the US. The feeling is generally that the damage to one individual's reputation can indeed be severe, but that a) free speech does generally give him the opportunity to reply and b) regardless, the damage to one individual's reputation is far preferable to the damage to the democratic process.

      Just imagine, any paper which prints an account of a politician screwing up has to print his account of how it happens; any paper which prints an expose on governmental corruption has to print the government's line as well. This effectively negates free political speech; any criticism is counterbalanced by a public relations spin.

    7. Re:That's a good thing! by Anonymous Coward · · Score: 0

      First of all Newspapers are a priviledged/advantaged speaker. Unless you happen to own a newspaper of your own you are incapable or equivalent speach yourself. This law places a very minor burden on a large corporate newspaper in order to grant others a voice. On the internet everyoe already has the right and ability to reply all by themselves. ANYONE can put up a FREE and GLOBAL blog or webpage of their own. There is no need to place any burden on one speaker in order to ensure a voice for another speaker.

      You write this as a comment on Slashdot, which manages to kill personal homepages left and right, but also frequently links to corporate homepages which don't crumble under the load. Secondly, anybody can publish on the internet, but the same is true in the dead tree world. The crux of the matter is target audience: Don't tell me you can raise the same awareness as the New York Times website or a famous person's blog. Specifically, even if you are in the position to create a stir, it would still be difficult to reach the same audience which read the denouncing article about you.

      What is an insignifigant burden for a newspaper with a full time staff of dozens and a legal department becomes an unreasonable burden to place upon an individual. Is it reasonable to REQUIRE this girl to provide a means of contact? Does she provide an E-mail address and take time away from school every day to trudge through tons of spam?

      The internet is an adult medium. If parents let their kid have a blog, they're supposed to help her with the more dangerous parts of being online, including contact information. The right of reply only comes into play when the girl unfairly criticizes other people, at which point, yes, i think she (with the help of her parents) is obligated to abide by rules of good conduct, including the right of reply. If you're old enough to badmouth other people in a medium which is likely to archive your words for posterity, you're old enough to face the consequences.

      This law would in the majority of cases be used by corporations with a legal staff and would place the burden on the individual. This is the exact opposite of the original intent.People advocating the law keep stating that they want individuals to be able to respond to corporate abuses. But the law specificly targets individuals like bloggers. It will create corporate abuse against individuals.

      If people act like newspaper publishers, they have to play by the rules which apply to newspapers. As long as you keep your criticism civilized, you have nothing to fear. At most, you'll have to link to a counterstatement if the other side still thinks they're portrayed unfairly, but that doesn't involve lawyers and in any event, it should be a matter of good manners to link to the people whom you criticize. BTW: A counterstatement is bad for the person who demands it unless it is absolutely clear that the publisher had misstated facts in the original article. People who use counterstatements to annoy the publisher look like annoying pricks to the audience as well. As expected, this is a rare occurrence.

    8. Re:That's a good thing! by JoeBuck · · Score: 1

      The US could not mandate right of reply. However, the US could mandate that people can't bring libel actions if they are given a right of reply.

    9. Re:That's a good thing! by Alsee · · Score: 1

      it would still be difficult to reach the same audience

      Are you demanding a right to be heard by specific people?

      On the internet you are able to speak to a global audience. If people value what you say you can hit the number 1 spot on google. You have a right to speak. You don't have a right to demand that people come listen to you.

      Newspapers have access to a form of speech that others have no access to. They are the only ones with the power to provide a voice to those they talk about.

      The internet is an adult medium.

      And it is still a burden on an idividual. What are you going to do, put me in jail if I don't check my e-mail for a month? I don't have a staff and legal council. Just because I posted something on the web doesn't mean I have time to run it like a newspaper. I myself put up a webpage with useful information. It was a gift to aid people who were involved in the subject. But I didn't have the time or interest in maintining it, in providing contact information, in fulfilling these sorts of obligations. If I had to I simply wouldn't have put it up in the first place. And other people would not have been able to benefit from it. That is why burdens on free speech and "chilling effects" are bad.

      The right of reply only comes into play when

      No, the right of reply comes into effect when the second party makes a claim.

      the girl unfairly criticizes other people ...badmouth other people

      Those are completely predjudicial assumptions. You can justify anything if you assume one side is evil. Just because someone wants to reply does not indicate any wrongdoing.

      If people act like newspaper publishers, they have to play by the rules which apply to newspapers.

      I reject your simile. As I said, an individual writing a blog or a webpage is completely different than newspaper. If you were to place all of the burdens and regulations of newpapers on individual speakers then they simply would not speak. I'm not talking about people refraining from hurling insults, I'm talking about valuable speach in general.

      As long as you keep your criticism civilized, you have nothing to fear.

      Aside from the fact that I consider "uncivilized speech" to be protected speech as well, I reject your notion that "well behaved people" have nothing to fear. If I make a valid criticism then the second party is probably trying to make trouble for me. What gives him any right to compel me to do anything? And it's expecially bad when it's a corporation with a legal department hassling an individual.

      it should be a matter of good manners to link to the people whom you criticize

      We aren't discussing manners here. We are discussing placing a legal burden on anyone who wishes to speak. The burden and obligations exist even if no one replies.

      The US also considers the right to ANONYMOUS speech to be protected. Some forms of speech such as criticizing the governemnt or the police or whistle-blowing on illegal activity may require anonymity.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:That's a good thing! by KjetilK · · Score: 1

      This is already law for newspapers,

      Yes, at least I know it is here in Norway, and it is a Good Thing, definately. However, it is not an absolute right, the editor has still very strong influence on what is allowed in. After all, they have limited space. It can be taken to court I think and the court will decide if the editor has to publish a rebuttal.

      and why would internet sites be held to a lesser standard?

      Because it is not a "lesser standard". The Internet is different, and, I would say, better suited to support critical debate.

      And what is the alternative?

      Some naive Semantic Web stuff.

      Here goes: I'm hacking on the site of Norwegian Skeptics. There's nothing more valuable to a skeptic than an open, critical debate. I mean, the whole site exists mostly to engage people in debate whatever their position may be.

      So, this is my idea, and it is something that I right now implement:

      I'll use RDF to make basic statements like "this critizes this", "this supports this".

      The idea is that you write a rebuttal, include an RDF statement saying which URI you critisize, and that's it. (I guess we need a law to enforce that cool URIs don't change :-) ).

      Some day, will have our browsers detect those links, and provide elaborate listings of the whole debate. Our search engines will index it, and tell us who is engaged in the debate with whom, what URIs contain responses and rebuttals, etc. It is very, very simple really.

      What the CoE (an organization I think is the best of EU, and I don't think too highly of EU (I'm Norwegian and voted no at the latest referendum)), should do, is pay for someone to write the code for Mozilla, for IE (if it is even meaningful), and for Google, and license it under a BSD license or drop it in the public domain. It is so typical of legislation bodies. They legislate without even looking to the possibility of creating something that will solve the problem better.

      Facing countless lawsuits?

      Well, I think this proposal will result in endless lawsuits, yes... :-)

      I would extremely surprised if not the first use of this law will be an attack from Church of $cientology against Operation Clambake.

      The way this law will be abused, and I'm sure from day 1, will be to direct floods of requests against some pronounced critics, with the intention of breaking their ability to respond and then sue.

      On my skepsis.no website, we have, allthough we haven't had a workable content management system, published rebuttals. However, if I had many requests to post rebuttals, I wouldn't have had the time to do it. I would have had to close down the whole site.

      This will serve as a DoS-by-lawyer attack on people who haven't got the infrastructure to deal with many rebuttals.

      Instead, have someone write the software, it'll work so much better.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    11. Re:That's a good thing! by Anonymous Coward · · Score: 0

      Newspapers have access to a form of speech that others have no access to.

      No shit? I can't have my own newspaper? Damn, this world isn't fair.

      I realize that it's utterly pointless to argue about this issue with someone who religiously defends absolute freedom of speech and prefers lawsuits over much less invasive forced civilized behaviour. Just let me inform you that this effectively already is law in Germany (offline and online). We have a couple years experience with it and the result is far from your bad expectations, mostly because readers realize what an ass you are if you abuse this right (and unless the criticized person provides facts which counter the original article, it is obvious abuse).

    12. Re:That's a good thing! by greenrd · · Score: 1
      This effectively negates free political speech; any criticism is counterbalanced by a public relations spin.

      Oh, no! People will read anything a politician says and immediately believe every word of it!

      If that's the case, then perhaps we should just abolish democracy, since most people are obviously too stupid to vote.

    13. Re:That's a good thing! by Alsee · · Score: 1

      prefers lawsuits

      Someone has to meet a higher standard to bring a lawsuit.

      And actually it seems I've effectively "won" anyway. The latest revision of the document says that it ONLY applies to professionals. It is a reasonable burden for a professional site. It is unreasonable and oppressive burnden on an individual.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    14. Re:That's a good thing! by KrispyKringle · · Score: 1
      If that's the case, then perhaps we should just abolish democracy, since most people are obviously too stupid to vote.

      You don't hear me complaining. ;)

  21. Right of reply to a reply? by jdunlevy · · Score: 3, Insightful

    So if somebody has a web site that offends another person, that person gets to have his reply posted for a period on the web site. What, though, if the reply offends some third party? Does the third party get to have his reply to the reply posted on the original web site? What about a reply to that?

    1. Re:Right of reply to a reply? by sebmol · · Score: 1

      This is not a right to reply to offensive material. This is a right to reply to statements made about you that you believe are factually untrue. You only get that right if the statements pertain to you as an individual.

      --
      "Light is faster than sound." - "Is that why people tend to look bright until you hear them speak?"
    2. Re:Right of reply to a reply? by jdunlevy · · Score: 1
      This is not a right to reply to offensive material.
      I probably should have used the word "aggrieve" rather than "offend," then.
      This is a right to reply to statements made about you that you believe are factually untrue.
      Is the person making the original statements on a web site to be held responsible for the factual accuracy of the reply which she is obligated to post (or at least post a link to)? What if she thinks or knows the reply to be factually untrue? What if the reply -- to adequately explain the factual errors of the original statements -- has to make statements concerning a third party, and what if some of those details turn out to be inaccurate or are at least disputed?
    3. Re:Right of reply to a reply? by sebmol · · Score: 1

      s the person making the original statements on a web site to be held responsible for the factual accuracy of the reply which she is obligated to post (or at least post a link to)?

      No. Only the author of the reply or counter-statement is responsible for its accuracy. That's why you will often find some kind of disclaimer before such things in newspapers that basically states that the law requires them to print this statement, that no verification of its truthfulness has been made by the editor and that printing this reply does not constitute agreement with its contents.

      --
      "Light is faster than sound." - "Is that why people tend to look bright until you hear them speak?"
    4. Re:Right of reply to a reply? by kris · · Score: 1

      In Germany: Yes. Such a thing exists and is common.

      That is, if you print something about a person, and the person you write about thinks that there are factual errors, that person can request a Gegendarstellung ("reply") in order to present their version of the facts and you are required to print it. You are also entitled to print your comment on this Gegendarstellung with it.

      For example, in the very well respected german magazine "Der Spiegel" (The Mirror) you will often find articles of some kind of investigative journalism. Sometimes the people being reported on request a Gegendarstellung, often saying that "I was never involved in ..., and in fact have never seen ... before. It is not true that ...".

      In many cases you will find a comment by Der Spiegel below, where they present again their version of the facts ("Der Spiegel still stands by its story. We have evidence showing ... together with ... and we have papers that actually incriminate ... which we believe are genuine").

    5. Re:Right of reply to a reply? by Anonymous Coward · · Score: 0

      It's not about offensiveness. It's about being able to respond to something you regard as incorrect. Most Europeans wouldn't know what you mean by "offensive" - that's a very American notion. But they would like to have the opportunity to be able to set the record straight where they feel media power is being (ab)used to promote a one-sided view of things which affect them directly.

  22. In Soviet Russia... by Pionar · · Score: 1

    article replies to you!

  23. If you outlaw comments... by tbase · · Score: 3, Insightful

    ...only outlaws will make comments.

    I can understand maybe if you're trying to come across as an "unbiased" news site, but to make even personal and overtly editorial sites comply with this would just be silly.

    If they have to do it, they should make the responder host his own comments, and at the most make the original article include a link to the response. And even then, only for certain sites. To have to post the response on your own site it too much burden and would severely stiffle freedom of expression.

    And if I posted an article on how great Linux is, would I have to give space to Microsoft for a rebuttal?

    --

    666-607: 6th floor apartment of the beast
    1. Re:If you outlaw comments... by Confused · · Score: 1

      > And if I posted an article on how great Linux is, would
      > I have to give space to Microsoft for a rebuttal?

      No, you wouldn't.

      On the other hand, if you'd post that Windows XP is made out of mushed baby toes, Microsoft can ask you to post their version of the story telling that no baby toes are involved in the production of Windows and only the best quality fertilizer on the market is used.

    2. Re:If you outlaw comments... by Anonymous Coward · · Score: 0

      If you just praise Linux, and probably if you just say Linux does x better than the competition, you don't. Microsoft can only rebut comments targetted at them. (Like Windows 95 is called 95 because it crashes that often each minute, could be rebutted by MS claiming Win 95 actually needs a minute to boot so can crash at most once each minute)
      Living in a country with a right to reply I remember only once instance on which it was used on TV and only a few small samples in newspapers (10 lines on page 6 (or 26) style)

  24. Freedom of Speech by Archangel+Michael · · Score: 3, Flamebait

    Freedom of speech doesn't mean freedom to be heard, and the idea of forcing people to listen to others is downright repugnant, and EVIL.

    It smacks of Totalitarianism where an elite few are allowed to decide WHO gets listened to and WHO doesn't.

    The idea that a crazy bum has a right to be heard is insanity in itself. Sure, he can SAY anything he wants, but I have a RIGHT not to be forced into listening to his crazy talk. It doesn't matter if he speaks truth either.

    Nothing good can come from this.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    1. Re:Freedom of Speech by Anonymous Coward · · Score: 0
      Big brother is watching you and making sure you hear only what he wants you to hear.

      The Bush administration is in bed with the media industry so you better be patriotic and be scared of communism cause they control your mind them commies.

      Now go watch CNN and disregard any media from outside your country because there's propaganda in that. It's not true that the US goes to war like Hitler just for oil and that the Bush, Dick and Colon team forged intelligence that showed *proof* that WMD existed.

      Now back to work in the ministry of truth.

    2. Re:Freedom of Speech by LighthouseJ · · Score: 1

      I was watching Law and Order and they said that in 1927 I believe, the US Supreme Court ruled that free speech is a freedom of conversation. They said that if you and I have a structured conversation where ideas are transferred in a civil manner, that is protected.

      However, in the case the specific episode was about was this Neo-Nazi organizer the starring circle was trying to convict for a list of crimes. He never actively comitted a crime but openly preached hate speech and hugged the freedom of speech while doing so. They tried to nail him based on this US Supreme Court finding and they won the case. They admit it was a stretch but it was a stretch in the right direction.

    3. Re:Freedom of Speech by RazzleFrog · · Score: 1

      They admit it was a stretch but it was a stretch in the right direction.

      I am sure I am missing your meaning here. You are saying that you think it is a good idea to stretch a law to arrest somebody just for preaching hate?

    4. Re:Freedom of Speech by jawtheshark · · Score: 2, Insightful

      Wait a second. Your readers are still free not to read the comment of the one you critisized. People come to your site, see the link/article (link would be better in my humble opinion) where you clearly state in top that it is a rebuttal of the critisized party, and then you say: Pfff, I don't care, and go away.
      Nobody forced you to read the rebuttal.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    5. Re:Freedom of Speech by Anonymous Coward · · Score: 1, Insightful

      Uh, what? How is having a response published akin to "forcing people to listen to others?" If you don't want to read the response, don't read it. If simply having a response published is "downright repugnant," then so is publishing the original criticism; so I guess by your argument all websites are "EVIL."

      As of your Totalitarianism comment, which situation is more like a situation in which an "elite few" control the communication? One in which only people who have blogs are allowed to write, or one in which both bloggers and the people who are being blogged about (i.e. a SUPERSET of the first set) are allowed?

      In short, you're an idiot.

    6. Re:Freedom of Speech by Alsee · · Score: 1

      I am sure I am missing your meaning here. You are saying that you think it is a good idea to stretch a law to arrest somebody just for preaching hate?

      No, you're not missing anything. Sad to say I think that's exactly what he means. Much of europe is still carrying deep scars of Nazism. A main feature of Nazism was that it was loaded with offensive speach, hate, and ideas. Nasism is/was an evil to be stomped out mercilessly. Therefore most of europe has made offensive speach, hate, and ideas illegal. A French court even "ruled" that US based EBAY can't carry Nazi-related items. Idiots, they have no jurisdiction over foreign websites and activities.

      My take on that Law and Order episode:

      The district attorney was trying to do something good, but he has to live with the fact that he became just like the Nazis - he took away someone's rights and freedom because he hated this guy. The district attorney KNEW he what he did was legally wrong.

      No matter how much we WANT to do something to this guy doesn't mean we have the RIGHT to do so. We are supposed face the dilemma that he hasn't actually done anything, and if we do something to him then it is WE who would be breaking the law, it is WE who would be violating his rights, and it is WE who would be ACTING OUT OF HATRED. This guy spoke out of hatred, but he never hurt anyone and he never violated anyone's rights. We don't like his words, but he expressed them peacefully and legally.

      I think we are supposed to feel the DA's guilt. We're glad that the DA abused the law to put this guy away, and that's wrong. Do you want a DA abusing the law to put you away?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:Freedom of Speech by Alsee · · Score: 1

      It's actually about placing a burden on the original speaker and COMPELLING him to do something. On the internet the second party is perfectly capable of getting their own free and global blog/website, whereas it's generally impossible to put out your own newspaper.

      The second party already has a full right and ability to speak. He has no right to compel the first party to do anything.

      This law was intended for newspapers with fulltime paid staff and legal department. It is an insignifigant burden on them. It is an unreasonable to apply it to an individual.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:Freedom of Speech by jawtheshark · · Score: 1
      Make it a link. That doesn't cost you a damned thing. Just learn to think of the internet as it was intended to work.
      I would not mind a second posting a link to (for example) Microsoft because I have bashed their MS Exchange server (which I did on serveral occasions). My readership is limited, my server sees maximum 10 visits a day. If I write something there, it will be read by a few people, the rebutall of the organization I critisize will be only read by the few people that already visit my page.

      It does not change a damned thing.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    9. Re:Freedom of Speech by LighthouseJ · · Score: 0, Flamebait

      No, I'm saying it's a good idea to stretch the law to imprison someone for hate speech, in the same way, I could say it's a bad idea to stretch the law to imprison someone that preached radical ideas (like years ago, ideas that the Earth is round). I identify that hate speech only breeds violence, there's no positive result from hate speech. There are no morals or ethics taught. I'm merely saying that pulling that 1920's ruling by the US Supreme Court and stretching it to defeat this Nazi guy, that is a step in the right direction.

    10. Re:Freedom of Speech by RazzleFrog · · Score: 2, Insightful

      Well then you are just as bad as the hatemonger. If he is inciting a riot that is one thing but somebody who is just standing on the corner shouting hate speech has the same right to be there as a person standing on the corner preaching religion. The 1st amendment freedom of expression does not say that you have to like or that it has to have a positive result.

      I truly hope that you never run for office. People like you make me ill.

    11. Re:Freedom of Speech by Alsee · · Score: 1

      Make it a link. That doesn't cost you a damned thing.

      I myself have placed valuable information on the internet, information that was in fact usefull to other people. It was an educational piece explaining the workings of a complicated system. I did it as a gift to people interested in the same subject as me. I put it up and never touched it again. It may as well have been a message in a bottle cast into the ocean.

      I had absolutely no intrest in providing contact information, and even If I had included an e-mail address I almost never check my e-mail. I certianly had no interest in taking time away from my life to update it to include links other people may want there.

      If these obligations existed before I wrote it I simply wouldn't have wasted my time. Valuable speech would have been stiffled, and a number of people would have been denied the benefit of my work.

      Placing prior burdens on speech stiffles speech and all of society is the lesser for it. The obligations of this law begin even before anyone desires to reply.

      I would not mind a second posting a link to (for example) Microsoft

      Fine. You're perfectly free to do so. You have no right to force me to do anything.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:Freedom of Speech by LighthouseJ · · Score: 1

      So, you are equating me to the same people that tell others to hate Jews and other groups of people, that's a big mistake. People like you have eroded the idea of free speech to broaden it so wide that you've lost the scope in which it was written. We've been over this before, go and read my parent reply, Freedom of Speech is about freedom to share ideas, not to stand on a soap box and tell others to hate anyone not like them and be prejudice. If you understand the difference, you'll know what I mean.

      I hope you never run for office because you don't really grasp the law as it's written. You just regurgitate what you hear from some jerk off the street and think that's the way it is.

    13. Re:Freedom of Speech by RazzleFrog · · Score: 1

      I don't think I can ever make you understand but I will try. A freedom is not limited only to things you find acceptable. Defining freedom can not be subjective. What may be hate to you may be common sense to another person. If I stand on a soapbox and say that the President is any idiot and needs to be removed from office, as many have, would you have me arrested for hate speech? What if instead I said that all Democrats and idiotic bleeding-heart liberals? What if I instead said that all blacks are ignorant fried-chicken eaters?

      In my opinion those are all hateful statements. I personally don't agree with any of them but I will die protecting the right for them to be said (paraphrased from Voltaire).

      Let me try another example. Take the following quote:

      "The Jewish youth lies in wait for hours on end spying on the unsuspicious German girl he plans to seduce. He wants to contaminate her blood and remove her from the bosom of her own people. The Jew hates the white race and wants to lower its cultural level so that the Jews might dominate."

      Is that hateful? I don't think many would argue that it is anything less than despicable. That was written by Hitler in Mein Kampf. Since that is hateful speech would you have the book removed from libraries and maybe even burned?

      What if instead somebody said this:

      "I would never date a black man because I think they're inferior."

      What do you think of that? What if it was a black woman who said it? Should that person be arrested if they said it to a friend in the street? How about if they said it on national TV? Where is the line there?

      So I have three questions for you:

      1) Who decides what is hateful? Where is the dividing line between expressing an opinion and expressing hate?

      2) In what situations is it ok to express hate? To one person? To a dozen? To a crowd of hundreds?

      3) How do you handle written hate? Do you burn the books (much like Hitler did) or do you just ban them?

      I look forward to your response.

    14. Re:Freedom of Speech by LighthouseJ · · Score: 1

      I understand what you are trying to say. In the episode of Law and Order, I guess I got so fired up, just like the ADA, because that Nazi guy was preaching hate to angry and violent teenagers that were alone, and I didn't want him doing that to those kids, so I was willing to say "hey, you can't do that to those kids".

      But I understand what you mean, that we should be educated enough to identify "Mein Kampf", religious broadcasts, or political speechs and tune it out if we want.

      The eternal question might be, where does the culpability lie, in the ones that do the crime, or the ones that put the ideas in their head?

      Good response, I enjoyed reading it. I'd even give you a mod point or two but I've been talking to you instead.

  25. THIS STORY IS NOT A DUPE ... by SuperDuG · · Score: 1
    ... just kidding ... it is ;-)

    I Think what was mentioned holds true, this is about as effective as slashdot trying to make and enforce a law ... well we'd be sure the laws were redundant and there was more than one classification by duplicating the laws often ...

    hehehehe

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
  26. Will this do any good? by GoofyBoy · · Score: 2, Funny
    An example of posting critical replies


    Thats the way I would handle being forced to publish critisim.

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  27. Dupe thoughts by notque · · Score: 0

    Can I just copy and paste my comments about this article from yesterday?

    --
    http://use.perl.org
  28. How about search for dupe posts? by PhinMak · · Score: 2, Informative
    Take a look down the list. How many people have posted their "origional" idea that this is a dupe article? After they fix the search engine, they should figure out how to get rid of dupe posters.

    Anyway, this isn't a dupe, exactly. It covers the topic of the proposed law, but this article is an expert's response and should bring up issues that /. folk hadn't thought of yet...

    --PhinMak --

    1. Re:How about search for dupe posts? by drinkypoo · · Score: 1

      One (compound) word: Slashback.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:How about search for dupe posts? by Randolpho · · Score: 1
      Anyway, this isn't a dupe, exactly. It covers the topic of the proposed law, but this article is an expert's response and should bring up issues that /. folk hadn't thought of yet...
      Er... how are you determining that this is not "a dupe, exactly"? By the article linked? Did you note that they're the same article?
      --
      "Times have not become more violent. They have just become more televised."
      -Marilyn Manson
  29. Dupe and a stupid knee jerk reaction to boot. by arivanov · · Score: 1

    First, this is a dupe

    Second, this puts internet media on even footing with newspapers which do not seem to have died from this. This is a standard condition under which newspapers, radio and TV in EU operate and they have established very good rules on how to do this over the years. Actually it is a good thing (TM). Saves feeding the lawyers which cannot be bad.

    Third, any claims that this will put small sites out of business due to expenses on verifying repliers is complete crap. In most (if not all) EU countries you are allowed to require genuine identity documents (fency sending your real passport?) and can charge the requester a fair handling fee that covers authentication and any postage expenses. Even without that fee sorting out documents will cost the requesting side at least 50 quid so not like this will attract a lot of nuisance callers.

    Fourth, if someone has smeared me all over I frankly do not see why I should be denied the right to answer as long as I have decided that the matter to be serious enough to take the risk of having my identity stolen after sending my passport (or a copy confirmed by a public notary).

    --
    Baker's Law: Misery no longer loves company. Nowadays it insists on it
    http://www.sigsegv.cx/
    1. Re:Dupe and a stupid knee jerk reaction to boot. by xutopia · · Score: 1

      actually many papers found that their sales went up when they included a reply article! :-)

  30. I think it's a good idea by doublem · · Score: 3, Insightful

    Read the article and the draft. It looks like this would only apply to businesses. This would guarantee Joe Sixpack the right to respond to the European equivalent of CNN.com and have that reply posted.

    I'm not concerned about this law, as I'm interested in letting people see the replies I get to anything I put online. Simply allowing comments on the article would take care of this.

    I don't see it as chilling, especially since it only has to be there for 24 hours and you can just link to it.

    It requires you to add a "Replies to our stories" link on your news site. Boo Hoo.

    Hell, I can see this becoming a new source of revenue for geeks. Take blog software, make some cosmetic changes and market it as a "response administration system."

    Authenticating the source of the replies could be handled by a login process, and news sites could automate the process of inserting a link to the "replies" section a hundred different ways.

    I'm not worried. If people want to make fools of themselves by disagreeing with me, let them. Half the time the arguments against me just strengthen my point.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
    1. Re:I think it's a good idea by clonebarkins · · Score: 1
      Read the article and the draft. It looks like this would only apply to businesses. This would guarantee Joe Sixpack the right to respond to the European equivalent of CNN.com and have that reply posted.

      RTFA! It would apply to anybody.

      This is asinine. There's no reason a person can't reply. If I print something in my blog, that's my opinion. I should not be forced to give somebody else's opinion as well. If I want to give others' opinions, then it should be my choice.

      Also, others are free to respond already -- on their own websites or other media! If I slander or libel somebody, they can already sue me under existing laws and will have their say in court. Forcing people post replies will not result in anything more constructive than, "He called me a poo-poo head, and I'm here to say that I'm not."

      --

      "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

    2. Re:I think it's a good idea by greggman · · Score: 2, Informative

      No, it does not require you to just add a link "replies to our stories". It requires you to give the reply the same ammount of exposure as your original article. In other words, if you article was a front page headline, the reply has to be a front page headline.

  31. Sneaky way to make everything a Blog by ReelOddeeo · · Score: 1

    Is this just a sneaky way to make all web sites into a blog.

    --

    Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
  32. Internet should be the cure, not the disease by coupland · · Score: 2, Insightful

    This legislation is really silly. Even if this was ever needed in the past it was because the cost of publishing was a barrier to entry, so if a newspaper slagged you the cost to refute them would be too high to ever get your voice heard. However the beauty of internet is that the cost of entry is almost non-existent. After all, I'm spouting my opinions right here and now and it didn't cost me a penny.

    However regardless of the medium I am against anything like this. Declan appropriately quotes the following from a related case tried in the US:

    "the strength of our liberty depends upon the chaos and cacophony of the unfettered speech the First Amendment protects."

    Now there's a judge that's got it right. I firmly believe that in order to develop critical thinking you need to be exposed to all sides of an issue, even if many of them are biased or even just wrong. When exposed to multiple views an intelligent person will learn to be critical of what they read and make up their own mind, rather than inherit ideas from others. Thus choice leads to critical thinking and critical thinking negates the need for this type of legislation. This is also why I hold the admittedly unpopular opinion that even some writings classified as "hate" still shouldn't be regulated. These people betray their own ignorance as soon as they open their mouths, it's suppression of their opinions that lend them some sort of inexplicable "mystique." If their views were subject to logical debate in a public forum they wouldn't have a leg to stand on. Anything that restricts the cacaphony of free speech is a barrier to learning, even when some of the voices are offensive or wrong.

    1. Re:Internet should be the cure, not the disease by Anonymous Coward · · Score: 0

      he said also : For better or for worse, Europe lacks a First Amendment and the respect for limited government, private property and free enterprise that America still enjoys.

      It shows :
      1) That peoples can live and live well in a different system. US truth is not THE TRUTH.
      2) that he doesn't really understand Europe. Europe is not US. Globaly much more socialist, and not really envious of what US have become (Why and when did the United States experiment failed ? Before or after Monroe ?(not Marylin, you dummy ))
      I think many european will have no problem with the suggested legislation.

    2. Re:Internet should be the cure, not the disease by Confused · · Score: 1

      With all the crap floating around on the internet, the source of information is essential. If CNN.com posts one version of a story and dinkyblog.org another one, independently of the actual truth of either story, the CNN version will be considered the truth my most people, whereas the dinkyblog version will at best reach the status of a crack-pot's rambling - for the extremly few people even find this story.

      While with print media there was some minimal chance to reach the same audience with paid ads, on websites there isn't even that.

      The proposed directive rectifies this by giving the offended party the chance to get the same exposure than. In print publication it's a minor inconvenience and with the possibilities of links, for sites it's even less efforts.

      So why are you all so upset by this, is there no common sense left from all those free speech campaining?

    3. Re:Internet should be the cure, not the disease by Doctor+Hu · · Score: 4, Insightful
      This legislation is really silly. Even if this was ever needed in the past it was because the cost of publishing was a barrier to entry, so if a newspaper slagged you the cost to refute them would be too high to ever get your voice heard. However the beauty of internet is that the cost of entry is almost non-existent. After all, I'm spouting my opinions right here and now and it didn't cost me a penny.
      You've correctly identified the reason that right-to-reply has been mandated in quite a few nations in Europe: to provide a balance against negative commentary in major media outlets which the individuals or organisations affected would otherwise not have the resources to obtain. The Internet doesn't invalidate this concept. As you correctly say, we are currently spouting our opinions right here. You may want to consider the likelihood that doing so would be likely to change the opinion of Joe Sixpack about us if he were to read an op-ed piece in <insert name of your most influencial gutter-press imprint> asserting that we're terrorists/ unamericans/ liberals/ whatever.

      The point about right of reply in this context is that it gets to the same people who saw the original piece.

      Unless the legislation is written truely clumsily, it shouldn't be a big problem. Or unless you're under US jurisdiction - but then, as Mark Twain once commented in another context, I repeat myself.

    4. Re:Internet should be the cure, not the disease by Anonymous Coward · · Score: 0
      I firmly believe that in order to develop critical thinking you need to be exposed to all sides of an issue
      Uh... this is exactly what this legislation is trying to accomplish. It is technically true that the barrier to entry in internet communications is low, but take this scenario: a major high-traffic blog like the Drudge Report criticizes you. Sure, you can respond on your geocities site, but what are the chances that people who read the criticism are going to be able to find your dinky little site, if they even know that a response exists? By this law, the Drudge Report would have to publish your response as well, and everyone who read the original criticism is exposed to the other side of the issue.

      You're taking it for granted that this law somehow has a chilling effect on free speech without making a coherent argument as to how. How does the possibility of people responding to your speech with their own speech "restrict the cacaphony of free speech"? By that logic, no one should be allowed to respond to anyone else; then when everything people say is assured of going unchallenged in ANY forum, free speech will flourish!
    5. Re:Internet should be the cure, not the disease by coupland · · Score: 1

      If CNN.com posts one version of a story and dinkyblog.org another one, independently of the actual truth of either story, the CNN version will be considered the truth my most people

      You are correct. And therein lies one of the biggest issues with American media. At best CNN is sensationalist eye-candy, at worst it's lies and fear-mongering. The best way to become informed about the world is to stop watching the goddam news.

  33. so what ? we have this already by C0vardeAn0nim0 · · Score: 2, Informative

    it's in brasil's constitution since 1988. it's called "reply right" and states that everyone has the right of reply _proportional to the damage_

    this means that if someone badmouths me, i have the right to defend myself.

    is usual to see this right being used by politicians during campaigns. ans since the arcticle is generic, it applies to _ALL KINDS_ of media. doesn't matter if is writen, spoken or digital. you badmouth me in your blog and your blog is in brasil, i'll get a reply right. if you don't publish my reply i'll get a warrant to shovel the reply down your server's throat. simple, efficient and it's there since before internet went public.

    --
    What ? Me, worry ?
  34. Look at the alternative by jawtheshark · · Score: 1

    Well look at the alternative we have nowadays on the internet: you post something someone doesn't like and you have to remove it. How is that better? I'd rather link to a rebuttal that having to remove the stuff I wrote using my free speech. Removing is worse. I am opposed to hosting the rebuttal, linking to it is more than enough.

    --
    Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
  35. Free haven from public backlash? by Anonymous Coward · · Score: 0
    Methinks Dan Quayle woundn't agree.

    And, to provide balanced politcal content, neither would the Dixie Chicks.

  36. and just what would stop me from... by joeldg · · Score: 1

    and just what would stop me from writing a bot to dig through a zone file and email every site on the net and make sure to include a link I want googlebombed? This sounds like a very strange thing indeed..

  37. Hmm... by Millennium · · Score: 1

    Is linking to a response sufficient?

    If allowing The Opposition (whoever The Opposition may be) to write a response to your article, and then linking to that response, is enough to satisfy the "right of response", then frankly I'm all for it.

    There is no such thing as unbiased media, no matter the medium, no matter the author. It's a simple consequence of the fact that as humans, we aren't omniscient, and so everything we perceive and express is subject to the limitations of our own viewpoints. Even a camera can only shoot in the direction that it is pointed, after all.

    Because of that, the only way to mitigate the effects of media bias is to get one's media from multiple sources with differing biases. Can a step that promotes this by ensuring that readers can get easy access to The Other Side Of The Story really be a bad thing? The Web is not paper; links are incredibly simple to set up at basically zero cost, unlike the space needed to print a reply in a magazine. There are already systems in existence which completely automate the process, such as Trackback. What burden is placed on people by means of this?

  38. Repeat after me by CausticWindow · · Score: 2, Informative

    The Europeans do not have a bill of rights. They do not have a constitution granting them freedoms like we have.

    They've chosen it themselves. If laws like this are the result, then that's just what they'll have to put up with.

    --
    How small a thought it takes to fill a whole life
    1. Re:Repeat after me by JonTurner · · Score: 1

      >>The Europeans do not have a bill of rights. They do not have a constitution granting them freedoms like we have.

      One small correction, friend. The BOR doesn't grant us rights in America -- God does that. The Constitution, and its Amendments guarantees us that our government will not interfere in these inalienable rights. [Practically speaking, though, we're drifting far from the ideals of freedom upon which this country was founded. It is a sad truth of humanity, that rights of freedom begin to erode almost immediately after they are gained, and are usually only reclaimed by the exercise of violence. Proof? When was the last time a Congressman was heard to say "We can't do that -- it's not in the Constitution" ?]

    2. Re:Repeat after me by Anonymous Coward · · Score: 0

      Actually you are quite wrong. The EU embodies The UN Declaration of Human Rights in its laws, which includes defined freedoms, and these laws are currently being used in the UK against, for instance, newspapers which invade privacy. UK conservatives attempted to prevent human rights legislation extending to the UK, despite their claimed fondness for the US way of doing things.

    3. Re:Repeat after me by Anonymous Coward · · Score: 0

      One small correction, friend. The BOR doesn't grant us rights in America -- God does that.

      The point's still the same. In Europe their rights aren't granted by God, they're granted by pixies and leprechauns instead and frankly some mythical beings are better at granting rights than others and leprechauns just aren't cut out for it.

    4. Re:Repeat after me by michaelggreer · · Score: 1

      As opposed to our lovely record?

    5. Re:Repeat after me by ChristTrekker · · Score: 1
      When was the last time a Congressman was heard to say "We can't do that -- it's not in the Constitution" ?

      It's been a looong time. We just need to get some different people in office, that's all.

    6. Re:Repeat after me by 73939133 · · Score: 1

      Most European nations do have constitutions. The "Bill of Rights" is just a number of amendments to the US Constitution, a historical accident because the original US Constitution was deficient in a number of areas. Other nations don't have a "Bill of Rights" because the equivalent rights were part of their constitutions from the beginning.

      Your ignorance is as common as it is dangerous, because it means that instead of trying to address problems with US laws and the US Constitution, you just assume that, while it is not perfect, it must be the best anybody has. Well, you are wrong: the US Constitution is getting pretty creaky and really needs some more teeth when it comes to protecting human rights and democracy in the US.

    7. Re:Repeat after me by Zan+Zu+from+Eridu · · Score: 1
      The Europeans do not have a bill of rights. They do not have a constitution granting them freedoms like we have.

      No, europeans are all slaves without any rights or liberties. Do you actually believe what you write, or is it just the kneejerk reaction thing?

      Lets take the Netherlands for example. The division of powers and the rights of citizens are regulated and declared in the dutch "Grondwet" (fundamental law). It is very much like your Constitution, (except it isn't called that way for historical reasons, eg. occupation by France under Napoleon) and it explicitly declares rights and freedoms. There are differences of course: we don't have a right to bare arms like you, but we have freedom of education, which you don't have (in your Constitution at least).

      The European Union is writing a European Constitution at the moment, but some states aren't happy with the drafts because they don't grant as many rights and liberties as current law does in those states.

    8. Re:Repeat after me by Anonymous Coward · · Score: 0

      > (except it isn't called that way for historical
      > reasons, eg. occupation by France under Napoleon)

      Gekke ik. Dacht altijd dat het kwam omdat ze in nl Nederlands praten.

    9. Re:Repeat after me by Archangel+Michael · · Score: 1

      Actually, I happen to agree, the US patriot act is quite illegal, immoral and distasteful. But not necissarily on the same grounds you do.

      First off, I am a Nationalist and a Patriot. Good fences make good neighbors. The terrorist problem isn't with Americans, it is with the terrorists, who are USUALLY aliens, however with nearly NO fencing around America, there is no control over WHO gets in illegally.

      However, I agree that many of our international POLITICAL choices have been quite poor. However, there are some people who will hate America, no matter what we do. Just look at the Palistinians. America has given them BILLIONS of Dollars in bribes, payoffs, and aid. Yet they still hate us.

      My point is friends are friends and enemies are enemies, and somethings really aren't going to change.

      My view is the US should kick out the UN, stop giving aid to everyone. Erect fences along the entire souther AND norther boarders, and patrol them with Marines. Pull all armed forces home, and build the best Starwars defense we can, and leave EVERYONE ELSE ALONE.

      Let us take care of ourselves FIRST.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  39. I think the U.S. DOES get it... by Anonymous Coward · · Score: 0

    With this law, if I run a blog and have harsh critisizm of a politician on MY blog, hosted on a server that I am paying for with MY money, I have to give them a right to reply? Funk that.

    Seriously...that is insane. I have the freedom of speech, so does anyone else. If they want to respond to me, they are free to do it...on their own dime and with their own time.

    Keep on trying to regulate your way into a socialist utopia...please keep it up. You'll make my points for me.

    1. Re:I think the U.S. DOES get it... by Anonymous Coward · · Score: 0

      >Keep on trying to regulate your way into a
      >socialist utopia

      Nothing to do with socialism, this measure gives simply more free speech to everybody.

  40. Is this really such a bad thing? by HornyBastard77 · · Score: 1
    If this lets audiences hear both sides of the story, that would be a good thing, eh? And as long as the onus of action does not lie with the blogger, this wouldn't lead to too much additional burden for them - how long does cutting-pasting/adding a hyperlink take? And if the blogger/organization that has been replied to does not agree with the reply, they can always respond to that. True, this can go on ad nauseam, but that is not different from some of the discussions here.

    Yes, I am aware that news and blogs aren't supposed to be a discussion board. I am also of the opinion, however, that the right to free speech come with the responsibility of fair speech, and this, IMHO, would help to link these two online. The real shortcoming I see here is that the proposal does not affect corporations and groups like the RIAA (or the EFF, KKK, etc.). So in it current form, it puts an unfair burden on the individual. It would be a lot more acceptable if this would apply across the board.

    In the meantime, if this is passed, people who don't want to be forced to bear the burden of reply can take the AC's way out and blog here.

  41. Re:This just highlights the bad search engine on / by Niles_Stonne · · Score: 2, Interesting

    Sometimes stories expand on a previous article... perhaps Slashdot should allow "Story Threading", allowing multiple stories to be threaded together. Perhaps almost in an Everything2 sort of way?

    --
    Sticks and Stones may break my bones, but copyright will always protect me.
  42. redundant mods by stinky+wizzleteats · · Score: 0, Redundant

    Can someone please explain to me how it is possible to mod comments redundant that concern themselves with the redundancy of the topic?

    There have been whole threads in this topic bitchslapped redundant.

    1. Re:redundant mods by outsider007 · · Score: 1

      Can someone please explain to me how it is possible to mod comments redundant that concern themselves with the redundancy of the topic?

      I personally find the overmoderation of this topic more chilling than whatever the story was about (I forget).

      Dupes should be allowed to be successfully threadjacked in my opinion.

      --
      If you mod me down the terrorists will have won
  43. Reasonable by aprentic · · Score: 1

    I don't think this will have anywhere near as chilling an effect as people seem to be afraid of.
    Especially on the net.
    If all you have to do is link to the response this takes almost no resources away from your site.

    Someone posted that an additional part of the burden would be in verifying the identity of the respondant. But the law could easily put the onus of proof on the respondant.

    The law also doesn't say that everyone can post anything on everyones web site it only says that you need to post replies to statements which are critical of someone, and then only if they come from whoever you are critical of.

    1. Re:Reasonable by Anonymous Coward · · Score: 0

      "The law also doesn't say that everyone can post anything on everyones web site it only says that you need to post replies to statements which are critical of someone, and then only if they come from whoever you are critical of."

      Ah yes, but criticism is in the eye of the beholder.

    2. Re:Reasonable by aprentic · · Score: 1

      Yes and no.
      There is a grey area between when something is critial and when it is merely stating facts about someone.
      But by the same token there is also a grey area in defining "assault". Yet we don't have a problem with people calling a casual bump "assault".

      And furthermore even if the law said that anyone who is even mentioned on a web site had the right of reply, I don't see how the miniscule effort invovled in posting a single link constitutes a chilling effect.

  44. timothy, you fucking turd by Anonymous Coward · · Score: 0

    ...um, I think the subject says it all.

  45. Re:This just highlights the bad search engine on / by Randolpho · · Score: 1

    Alternatively, the admins could just keep an eye on what stories have been done on /. ;)

    --
    "Times have not become more violent. They have just become more televised."
    -Marilyn Manson
  46. Re:Dupe, i think so... by Rip!ey · · Score: 2, Insightful

    No, it is not a dupe. This story is a follow-up to a previous one. The linked article is an on-line response to that which was previously covered. Follow ups are a part of good journalism.

  47. So SCO should be able to reply on /.? by Anonymous Coward · · Score: 0

    Not only that, but get moderated in such a way that their posts don't automatically get moderated "-1, Troll" or "+5, Orthogonal-to-Reality Funny"?

  48. freedom of speech!? by SHEENmaster · · Score: 2, Insightful

    I'm in the USA(where freedom of speech is violated quite often.) I don't know if European nations have a similar freedom, but it seems to me that this is a load of crap.

    I shouldn't have to pay the bandwidth costs for someone else's opinion any more than they should have to pay them for mine. It violates my right to free speech if I have to spread their ideas and their right if they have to spread mine.

    If this ever comes out in the states, I'll send so many replies to M$ that it won't even be funny. Then their legal team can find the loophole and I can use that same loophole on my own sites.

    --
    You can't judge a book by the way it wears its hair.
    1. Re:freedom of speech!? by Rick.C · · Score: 1
      If this ever comes out in the states, I'll send so many replies to M$ that it won't even be funny. Then their legal team can find the loophole and I can use that same loophole on my own sites.

      Their loophole will be that your deluge of replies are "sham transactions" designed to abuse the law and they are therefore not required to acknowledge them.

      Oops!
      --
      You were 80% angel, 10% demon. The rest was hard to explain. - Over The Rhine
      "Math in a song is good."-Linford
    2. Re:freedom of speech!? by Planesdragon · · Score: 2, Insightful

      I shouldn't have to pay the bandwidth costs for someone else's opinion any more than they should have to pay them for mine.

      Exactly. If you critize someone, you have to allow them a rebuttal--and if someone critizies you, they have to allow you to rebut.

      It's not a violation of the freedom of speech per se. It's an infringement upon your right to exclusivly use your property in an attempt to improve the quality of speach.

    3. Re:freedom of speech!? by BenTels0 · · Score: 1, Informative

      I shouldn't have to pay the bandwidth costs for someone else's opinion any more than they should have to pay them for mine. It violates my right to free speech if I have to spread their ideas and their right if they have to spread mine.

      Not only does it not violate your right to free speech (the right of reply exists because you have the right of free speech), but the whole thing is pointless if the person replying does not have access to the same audience that you do. Which that person should have, if he is offering a correction to your audience of (possibly) incorrect data that you have previously presented.

      The basic idea here is that you cannot malign a person online and expect to have a one-sided debate on the issue.

    4. Re:freedom of speech!? by MisterFancypants · · Score: 1
      If this ever comes out in the states, I'll send so many replies to M$ that it won't even be funny. Then their legal team can find the loophole and I can use that same loophole on my own sites.

      Microsoft posts a lot of stuff about you on its site, does it?

      How's that tinfoil hat working out for you?

    5. Re:freedom of speech!? by Anonymous Coward · · Score: 1, Insightful

      Obviously the right to reply is there as part of free speech, but forcing you to post the replies on your website? I don't know why I would have to spend my time or space to post a rebuttal to my own claims. If they want to, they can post it on their own site.

    6. Re:freedom of speech!? by GregWebb · · Score: 1

      And how do people find it?

      Let's say that the Fear, Uncertainty and Doubt campaign that MS wanted to start from the Halloween document evidence had got the mainstream tech press on its side, so there'd been continual negative press about Linux from ZDNet, CNet et al. _We_ know Slashdot is here, but a decent percentage of our colleagues don't. They'd have seen streams of articles about how Linux wasn't what they wanted, potentially utterly unfounded.

      I'm a very long way from convinced I support this but you're assuming we all have equal access to the media. We don't, and when the media isn't being balanced and is instead using its power to suppress an entirely valid argument purely because it can (such as all bar one Murdoch owned paper coming to the same conclusion on the Iraq war and that being in a Muslim country) there is potential value to mandating that opposition groups are provided with access. Otherwise the freedom of speech of the first is being used as an argument to remove the practical ability to exercise equal speech by the unempowered opponent.

      --

      Greg

      (Inside a nuclear plant)
      Aaaarrrggh! Run! The canary has mutated!

    7. Re:freedom of speech!? by Mark+Hood · · Score: 1

      That's what they're proposing. You either post their article verbatim, or post a link.

      Read The Fine Article ;)

      Mark

      --
      Liked this comment? Why not buy me something nice
    8. Re:freedom of speech!? by Jadrano · · Score: 1

      I don't think it would work that way. The publication of rebuttals is quite common in European newspapers, but it's far from taking up so much space in newspapers that it could become a problem. In many cases, newspapers only publish a rebuttal after a court decides they have to. I think that makes sense - rather than only having the option of suing for getting compensation payments or even banning a text on one hand or doing nothing, at all, you can just demand that your differing views about something that concerns you and is imbalanced are published in the same place. I think that's quite reasonable.
      In practice, the "threat" that you may have to publish an opposing view certainly hinders freedom of speech much less than the threat of multi-million damage claims - in contrary, the right to have a rebuttal published in the mainstream medium where there was a biased article and not only somewhere else where it is read by much fewer people is quite important for freedom of speech.
      If someone tries to abuse this right to cause someone else bandwidth costs, they can just refuse to publish the rebuttal, and the courts will then support this decision (e.g. if the person who wants to write the rebuttal wasn't really concerned by what was written in the original text, if there is no basis for the rebuttal, if the rebuttal is disproportionately long etc.)

  49. anything that deviates by pahpabut · · Score: 0

    from US lawmaking is fine by me. take this and take Mr Hatchett. Evaluate. Barf.

  50. Let It Fall Down Around Them by nick_davison · · Score: 3, Interesting

    There's a part of me that's entertained by how exploitable the system would be:

    1) Goad someone in to mentioning you on their website.
    2) Demand right of reply.
    3) Just like politicians never reply to the actual question, nor do you.

    Now you get someone else to pay all of your hosting costs for you.

    Imagine Petsmart, "PetCo has described themselves as the best pet store in the country. We demand the right of redress to fill their site with advertising for our own store."

    Every time Microsoft posted anything about Linux, the open source community would get granted rebuttal space on Microsoft's own web servers.

    Not only that but who gets the right of reply? Linus? Every contributor to Linux? Anyone who's ever reported a Mozilla bug?

    Then there're the counter exploits: Refuse until they take you to court. Continue refusing until the day before the court date. Then post the rebuttal on the same page as the now two-years out of date story.

    The reality is it's totally unenforcable. Sit back, rather than get worked up over it, let them try it and watch it fall to pieces around them.

  51. Don't mind if I do. by Anonymous Coward · · Score: 0, Offtopic
    The Christianity and Pooping FAQ

    Q: In Christianity, is pooping/farting/etc. moral?

    A: There are many possible ways to answer this question. However, from a Christian perspective, most scholars would agree that it is not moral to poop and/or fart. This presents an interesting dilemma, since pooping and farting are physiological requirements of being a human... there's just no way to avoid it! The thing to remember is that we all fall short of the glory of God and that we all are sinners in need of redemption. The fact that we all poop and fart is just further proof of this.

    Q: Did humans always poop and fart?

    A: No. It is generally agreed that before the Fall from Grace, the digestive systems of human beings were perfect machines. When we ate food and drank liquids, our bodies were able to process all of the material with perfect efficiency, leaving no waste products to be removed. However, after Eve ate from the Tree of Knowledge, humans lost their perfection. Part of this process included the digestive system losing its ability to process food with 100% efficiency. Shortly after the successful temptation of Eve by Satan, over 6,000 years of human pooping and farting began.

    Q: What about peeing?

    A: Peeing is an excretory function and is just as immoral as pooping and farting.

    Q: Why are the sexual organs used to pee?

    A: To reinforce the evils of sex. If we are mindful of the fact that peeing is awful and immoral, then we are also mindful of the fact that other activities that involve the same organs are also awful and immoral. The Lord does not want these organs exposed to anybody (not even to yourself) and He certainly does not want them inserted into anybody, unless it can be demonstrated that a child is the intended result. Pursuant to this, it is necessary to remind each and every one of God's children that pooping, peeing, and sex are all evil, as are the sexual organs.

    Q: If I am in church and I have to poop, what should I do?

    A: Hold it! The fact that some misguided denominations have installed toilets in their churches does not mean that those toilets should be used! Can you imagine how impudent it is to sit down and void your bowels in a house of the Lord? Again, we must be very clear about this: We all poop, and there is no avoiding this. However, we are not mongrels with no control over our bodily functions! If you have to poop, fart, or pee, then hold it until you are in the privacy of your own home and there are no negative moral ramifications to your excretory actions!

    We believe that toilets should be removed from all churches. If a voluntary request is not enough to make this happen, then we would support federal legislation banning certain types of plumbing from within 30 cubits of a church.

    Q: When should I tell my children about pooping?

    A: Well, obviously, they start doing it the day that they are born. They don't have to be taught how to do it. But there does come a time when children have to be taught about the immorality of pooping, farting, and peeing. Most experts suggest that the age of 6 or 7 is a good time for this lesson. This is the time when most children are apt to start experimenting with "pull my finger" games and other forms of Satanism.

    1. Re:Don't mind if I do. by Anonymous Coward · · Score: 0

      The Lord does not want these organs exposed to anybody (not even to yourself)

      Lets see...Old Testament - Genesis, Fall of Man

      (after eating the fruit) 'Then the eyes of both of them were opened, and they realized they were naked; so they sewed fig leaves together and made coverings for themselves.'

      skip a paragraph about them hiding...

      'He answered, "I heard you in the garden, and I was afraid because I was naked; so I hid.
      And he said, "Who told you that you were naked? Have you eaten from the tree that I commanded you not to eat from?"'

      So, apparently, wearing clothing to avoid being nude is eeeviiilll.

    2. Re:Don't mind if I do. by pi_rules · · Score: 1

      What ass clown moderated this up as 'Informative"!?

      Cripes. I'll be looking for this one during meta-moderation.

    3. Re:Don't mind if I do. by LNN · · Score: 1
      Genesis 9:18-28 (http://bible.gospelcom.net/cgi-bin/bible?passage= GEN+9&language=english&version=NIV)

      The Sons of Noah
      18 The sons of Noah who came out of the ark were Shem, Ham and Japheth. (Ham was the father of Canaan.) 19 These were the three sons of Noah, and from them came the people who were scattered over the earth.
      20 Noah, a man of the soil, proceeded [1] to plant a vineyard. 21 When he drank some of its wine, he became drunk and lay uncovered inside his tent. 22 Ham, the father of Canaan, saw his father's nakedness and told his two brothers outside. 23 But Shem and Japheth took a garment and laid it across their shoulders; then they walked in backward and covered their father's nakedness. Their faces were turned the other way so that they would not see their father's nakedness.
      24 When Noah awoke from his wine and found out what his youngest son had done to him, 25 he said,

      "Cursed be Canaan!
      The lowest of slaves
      will he be to his brothers."

      26 He also said,

      "Blessed be the LORD , the God of Shem!
      May Canaan be the slave of Shem. [2]
      27 May God extend the territory of Japheth [3] ;
      may Japheth live in the tents of Shem,
      and may Canaan be his [4] slave."

      28 After the flood Noah lived 350 years. 29 Altogether, Noah lived 950 years, and then he died.


      This sounds like it's a bad idea to show your family jewels to people. Just a thought... The Bible say (yes, bible is plural meaning many books)lots of things about lots of things. Some things may seem to be contradictioning eachother, but that's all a matter how intepretation.
  52. Oh please by Mentorix · · Score: 1

    I'm not trying to troll here but: Don't tell me we have to explain this law/proposal again?!

    I'm getting the feeling people are posting these skewed stories just so they can reply as AC's with comments about how great the US system is. I guess it's just hard dealing with other countries when 86% of your population has never been over the border.

    Please don't bother giving advice to nation-states where governments are still elected by citizens instead of bought by special interest groups. (well ok, except Italy that is).

  53. New feature request for Slashdot: "Autodupe" by ites · · Score: 1

    This new function would save everyone much time by automatically creating duplicate articles for any article with more than 1000 comments. Clearly the interest in such articles warrants a second bash, let's say 4 days later.

    --
    Sig for sale or rent. One previous user. Inquire within.
  54. You're joking, right? by michaelggreer · · Score: 1

    I can't decide if this is a satire or what. If it isn't:
    No one is "forcing people to listen to others," but being required to print responses. No one has to read it. Your rant is all about this supposed movement to "force listening." I don't know what you are talking about.

    1. Re:You're joking, right? by Anonymous Coward · · Score: 0

      Mod my parent up. The rant is absurd and completely skewing the issue.

    2. Re:You're joking, right? by Alsee · · Score: 1

      The internet is not a newspaper. You are perfectly capable of getting your own free blog or webpage and globally publishing your comments yourself. You have your right to speak.

      You have absolutely no right to COMPELL me to take action to include your comments in my blog.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:You're joking, right? by ChristTrekker · · Score: 1

      Amen to that. Rebut all you want, but use your own platform. I don't have to give you one.

      It would be different if the criticizer had a monopoly on platforms to speak from. But that's hardly the case on the internet. You can create a brand new platform for a pittance, and easily too.

      The right to speak (or not) is worthless without the right to listen/read (or not). I supply my own voice and ears, and you supply yours too. That's fair.

    4. Re:You're joking, right? by Ignominious+Poltroon · · Score: 1
      The internet is not a newspaper.

      As I understand it, then, you are arguing that a newspaper, being information stored in paper and ink, should be required to print rebuttals. But the internet, being information stored as bytes and pixels, should have no such requirement. So, it's a matter of a technical difference in the way information is stored?

      You are perfectly capable of getting your own free blog or webpage and globally publishing your comments yourself.

      Are free blogs guaranteed under your government's constitution? I wouldn't be suprised if free blogs go the way of free ISPs some day. After all, it costs money to host a website in much the same way it costs money to publish a newspaper.

      Perhaps somewhat tangentially, some newspapers even have the same business model as free blog sites: the use of advertising to cover the cost of publication. The fact that people are paying for a newspaper or not does not affect their responsibility to publish retractions, etc.

    5. Re:You're joking, right? by jhunsake · · Score: 1

      By making someone publish a response, you're making that person read that response. And you're making that person subsidize the other person's speach. In fact, you're making that someone be in contact with the other person.

      The suggestion is total bullshit. I can't believe anyone would even attempt to defend it.

    6. Re:You're joking, right? by Zirnike · · Score: 1
      "So, it's a matter of a technical difference in the way information is stored?"

      The differance is an artifact of the effective monopoly large media organizations have on large numbers of eyes. If, say, the New York Times says something about me, then nothing I can do can reach even a small fraction of the number of people their paper does.

      That being said, it is quite obvious that this proposal is a massive free speach violation. If I put out a pamphlet, it's stupid to force me to put out another one, at my cost, because you disagree with my views. Get your own pamphlet. Stop taking my property to try to dispute my views.

      Very simple concept. I don't understand why the Europens don't get it, as it's been explained dozens of times. Free speech does not imply making others pay for your speech.

      --
      I'm not shy, I'm stalking my prey
    7. Re:You're joking, right? by loadquo · · Score: 1

      Maybe because this has never happened with the current laws and only the big guys get nailed with it? I don't know my country doesn't currently implement the laws, I think. Anyway I remember the article distinctly said professional websites, so if your an amateur they can't do anything so the majority of people won't be affected and those that are have lots of money anyway.

    8. Re:You're joking, right? by Alsee · · Score: 1

      the article distinctly said professional websites

      The artical and the resolution itself explicitly mention blogs. It would apply universally online.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    9. Re:You're joking, right? by Alsee · · Score: 1

      As Zirnike mentioned in the reply before this one, people who own newspapers have something akin to a monopoly on that form of speech. Only corporations with huge printing presses and distribution channels have access to this voice. If a newspaper speaks about you it is generally impossible for you to give equal speech unless you happen to own a newspaper. You have a right to reply, and they are the only ones capable of giving you that voice.

      Right of reply in relation to big media places burden on the speaker in the advantaged position, but it is an insignifigant burden to bear for a corporation with a fulltime staff and legal department. This grants a voice to those without a voice.

      On the internet a blogger is not a powerful and advantaged speaker. A blogger is an individual. He has no fulltime staff and no legal department. Placing even a minor prior burden on individual speech is enough to stiffle that speech.

      On the internet everyone already has access to the exact same medium. There is no need to burden anyone to provide someone else with the same voice. A voice with global reach.

      It's not the fact that one is paper and ink and the other is bytes and pixels that matters. It is the ability to speak that matters. If only BigMedia could speak on the internet then the law would be appropriate.

      I wouldn't be suprised if free blogs go the way of free ISPs some day.

      If and when people are denied an equal ability to speak then a means of providing that voice can be considered anew.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:You're joking, right? by loadquo · · Score: 1
      Which one are you reading. I'm only seen this one

      A sample quote "Aware at the same time that it may not be necessary to extend the right of reply to non-professional on-line media whose influence on public opinion is limited;"


      So I am not worried that my speech will be infringed because no one listens to me anyway...
    11. Re:You're joking, right? by Alsee · · Score: 1

      Which one are you reading. I'm only seen this one

      Ah! GOOD! They fixed it! like 24-48 hours ago they specificly include blogs and all online media. This must be a brand new revision.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:You're joking, right? by Archangel+Michael · · Score: 1

      I can't decide if YOU are satire or what.

      Forcing anyone to do anything is EVIL. Think about it. How would you like it if I compelled you through legislation to do something you hate, like go to Church, Mosque, Synagogue or whatever? After all, you don't have to "listen" to the sermon, you just have to be there.

      Unfortunatly, people like you, who think that they are right and everyone should listen to them, and not listen to someone else, often use threat of force to compell people to bow to their whims. This smacks of ELITISM, that you know better than the rest of us.

      PS, I do count it a blessing you are my first (and as of this rant) and only FREAK. You are a FREAK.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  55. Stupid post of the day by GoofyBoy · · Score: 2, Insightful

    Politicians and media in the US live in a free haven from public backlash.

    Doesn't the public vote for politictians into or out of their job? How much more "public backlash" do you want?

    Compagnies like Microsoft can bash linux as a file server or Java as a viable programming language and Sun and the OSS community can't do anything about it

    Don't the vast majority of /. ers bash MS? Isn't that doing something about it?

    With laws like these the truth can come out.

    Or slanderous lies.

    Not just the rich media have a voice anymore.

    Its about posting something on a web site. You never had to be rich to post something on your own website. I can't see how this can be possibly be a rich/poor thing.

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    1. Re:Stupid post of the day by theTerribleRobbo · · Score: 0

      Compagnies like Microsoft can bash linux as a file server or Java as a viable programming language and Sun and the OSS community can't do anything about it

      Don't the vast majority of /. ers bash MS? Isn't that doing something about it?

      Considering we're the tinfoil-cap-wearers in the eyes of those who know about us...

      That, and the fact that plenty of people have never even _heard_ of slashdot...

      (...except when they shout, "AAAIIIEE!! My Precious Servers!!")

  56. imagine the chilling effect... by 73939133 · · Score: 4, Insightful

    Imagine the chilling effect if companies can sue your for billions of dollars in damages if you say something bad about their trademark. All it might take is a single letter to scare you into taking down your entire web site. Of course, we already have that in the US.

    The European proposal seems to amount to "if you are a news site (commercial or non-commercial), you have to put in a link to the person/company you write about if they ask you to". I fail to see the "chilling effect" in that. It seems to be a matter of simple journalistic ethics to do that anyway.

    If we could eliminate product libel and many forms of trademark infringement lawsuits that have cropped up around web sites through such a simple requirement in the US, I think we should adopt it, too: it would seem to be a great way of ensuring that people can exercise their right to free speech without fear of being sued out of everything they own.

  57. So Timothy doesn't bother reading Slashdot... by ColdGrits · · Score: 1

    otherwise he woudl have ralised this story is a dupe of http://yro.slashdot.org/article.pl?sid=03/06/16/13 18241&mode=nested&tid=126&tid=153&tid=95&tid=9 9 Go on, mod me down Slashdot editors, see if I care.

    --
    People should not be afraid of their governments - Governments should be afraid of their people.
  58. Who's gonna foot the bill? by Anonymous Coward · · Score: 1, Funny

    I think any time someone slanders me (it happens all to often, believe you me), my response will take the form or a 100MB jpg... put that in your server and smoke it.

  59. You have it backwards. by Anonymous Coward · · Score: 2, Insightful

    > Why would this have a chilling effect?
    > It just ensures the powerfull and rich people
    > can't bash and blaim poor people

    What would happen is that the moment some little guy opened his mouth and printed even the slightest criticism of the wealthy or of a large corporation, they would receive an overwhelming ton of rebuttal that they would be 'required' to post.

    Write in your blog that you hate your Ford, and you will find yourself with 100,000 words of pro-Ford verbiage -- from 100 paid Ford shills -- that you have to post. It would become nearly impossible to have an opinion about anything.

    Look at it this way: The cost to the little guy of making even an extremely valid and fact-based criticism of any wealthy person or corporation would be so prohibitive that you just would say nothing.

    It effectively gives every person and organization the power that Scientologists abuse all the time when they make an all-out assault on their critics. They crush them with their wealth and vastly greater resources than any individual. They then take the web site and turn it into a pro Scientology site.

    1. Re:You have it backwards. by Sneftel · · Score: 3, Informative

      RTFA. The legislation would make it legal to post a link to the rebuttal.

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    2. Re:You have it backwards. by 73939133 · · Score: 1

      Write in your blog that you hate your Ford, and you will find yourself with 100,000 words of pro-Ford verbiage -- from 100 paid Ford shills -- that you have to post. It would become nearly impossible to have an opinion about anything.

      I'd much rather post a link to "100,000 words of pro-Ford verbiage" (which is all the proposed law requires) than being sued for $10,000,000 for "product libel", which is something that can happen in the US.

      It effectively gives every person and organization the power that Scientologists abuse all the time when they make an all-out assault on their critics.

      Yes, and Scientologists seem to have been very effective making that assault in the oh-so-free United States of America. Seems to me that the EU proposal is something that regulates that and possibly limits it, as opposed to what happens here.

  60. Meaning of equality by panurge · · Score: 3, Insightful

    In the French Revolutionary phrase "liberty, equality and fraternity", the equality means equal under the law. At the moment in most developed countries the rich, or those with media access, are a lot more equal than everybody else. Even if there are flaws in the proposed legislation, it does seek to address an inequity in free speech, which is that the rich, or the media-savvy, can make their free speech heard while the poor cannot. When the US Constitution was written, the range of most people's free speech was the size of the town square. Its drafters didn't imagine a world in which a lie could be spread everywhere in just a few minutes.

    --
    Panurge has posted for the last time. Thanks for the positive moderations.
  61. Why does everyone think this is about censorship? by michaelggreer · · Score: 1

    The legislation may be silly, and your first point is valid. However, it is not censorship, and thus the rest of your post is irrelevant. I think few here would disagree with these ideas, which are hardly "unpopular." It is disingeuous to submit them, however, as some sort of rebuttal to this issue. The legislation seeks to increase voices, right?

  62. Deja vu... by nacturation · · Score: 0, Redundant

    Whoah, deja vu.

    What was it? What did you see?

    There was this article on Slashdot, and then another just like it.

    Was it the same article?

    Could be, I don't know.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  63. US doesn't get it by Anonymous Coward · · Score: 1, Interesting

    I think the US actually is the one not getting it (or both the US and EU).

    Basically whoever controls information (media) controls the society. And if there is no regulation that would prevent someone or a small group of people to gain control over most of mass media (current situation in the US and EU), then these people can control society.

    In US, people think that this is ok. But in Europe there is a limit of what you can do with this capital to influence society.

    I can give another example of such law. In Slovenia, when you are publishing a comercial newspaper, the editor must not have stocks in the company that publishes the newspaper. Maybe this seems strange at first, but it is one minor thing that happens to improve media space.

    There should be rules to prevent complete usurpation of media by capital. I don't know if this is the best one, but better something than nothing.

    Mind something: the point in this law is not that the goverment would censor the media, but that everyone can participate somehow in mass media.

    Yes, it might seem wierd, but you are _entitled_ to participate in creating mass media, if the media touches you. I think this is great.

  64. I don't want to repat myself by burgburgburg · · Score: 2, Funny

    I didn't want to pat myself in the first place. I certainly don't want to repat myself. But that's just me.

  65. Imagine the consequences for Slashdot! by kalel666 · · Score: 2, Funny

    I can see it now, all the l33tâ(TM)s on /. ragging on Orrin Hatch:

    53n4t0r h4tch is a fuxx0r and a l4m4!

    Senator Hatchâ(TM)s right of reply response:

    ???????

    --
    I HAVE CUBIC WISDOM THAT TRANSCENDS AND CONTRADICTS ONE DAY GODS
  66. Done right, this can be a good thing by Jerf · · Score: 2, Insightful

    I'd just like to echo two blog posts I made, an initial comment and a clarification after seeing how excited people were getting about this.

    Summarizing, despite the fact I have one of the most stringent definitions of censorship I know of, this doesn't fit as long as it remains as limited in scope as it actually is. There are a lot of ways to screw this up, but the actual proposal (which should have been linked in the Slashdot article!) actually manages to avoid the traps. As such, this can qualify as a bona-fide cultural difference without destroying the world.

    Now, be sure you understand that my approval is fragile and the things that people are reading into the proposal, since they didn't RTFProposal, are indeed scary and it's heartening to see people responding to that. But the limited proposal as it stands is not really a threat, until it is expanded.

    (If you are against it because you feel it will inevitably expand into unethical extremes, well, I'd say the odds of that are pretty decent too so I would definately respect that view of things.)

    1. Re:Done right, this can be a good thing by Zirnike · · Score: 1
      "If you are against it because you feel it will inevitably expand into unethical extremes"

      The mere existance of it takes it to 'unethical extremes'. Look how the DMCA, etc. were interpreted in the US.

      Any law... ANY... will be exploited by the power hungry (read: nearly anyone in politics, most if not all corporations, etc.) There are more examples of that then the most powerful computer could count. And it won't take any time... The abuse occurs as soon after it is passed as feasibly possible.

      As for censorship... I don't think anyone is complaining the law is designed for censorship. People are complaining because it ignores the fundamental idea of property rights.

      --
      I'm not shy, I'm stalking my prey
    2. Re:Done right, this can be a good thing by Adrian+Lopez · · Score: 1

      You say providing a link is not a burden, but you forget that you have to prominently advertise that link for at least 24 hours. Another problem is that, even with links, disagreements are not easily settled by a single reply. How far should the right to reply be taken? Do I have the right to reply to your reply, and you to reply in turn... this to be repeated ad infinitum? Or will I be forced to offer a link to your reply even when your reply contains false information and misleading assessments of my own criticism? After all, the "offended party" is as capable of lying as anybody else. The proposal pretty ridiculous, and I'm glad that kind of thing is unconstitutional in the US.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    3. Re:Done right, this can be a good thing by Jerf · · Score: 1
      You say providing a link is not a burden, but you forget that you have to prominently advertise that link for at least 24 hours.

      No, your use of the word "advertising", as if it has to go on the homepage, is an exaggeration not present in the proposal. It says this:
      Â The reply should be made publicly available in a prominent place for a period of time which is at least equal to the period of time during which the contested information was publicly available, but in any case no less than for 24 hours.
      "Prominent place" should probably be interpreted in the light of the very next paragraph:
      Â So long as the contested information is available on-line, the reply should be attached to it, for example through a clearly visible link.
      I would expect that a clearly visible link on the original criticism would meet the criterion of the first paragraph.

      Another problem is that, even with links, disagreements are not easily settled by a single reply.

      This isn't about settling disagreements; nobody is pretending that is possible.

      Do I have the right to reply to your reply, and you to reply in turn... this to be repeated ad infinitum? Or will I be forced to offer a link to your reply even when your reply contains false information and misleading assessments of my own criticism?

      The proposal addresses neither issue directly. However, as a practical matter that won't happen, because the link being pointed to can be changed as necessary to update new conditions; new links will not need to be continuously posted so that's a bugaboo.

      As for "false information" and "misleading assessments of my own criticism", that's not relevant to this proposal, really; they're already free to do such things and you're already free to sue them under existing libel and slander laws, which is the only recourse available in this country. Since this right-of-reply is symmetric, you're free to reply to them as well, though you will probably do so by modifying the original web page. Since such concerns are an issue whether or not the right of reply exists it can hardly be considered a reason to dismiss it.

      Also, I am also glad this is unconstitutional in the US. Do not mistake my saying this isn't that bad with an active desire to have this; please read more closely. (I use "approval" in the sense of "passing muster", not "desirability".) My views are more nuanced then you seem to be expecting.
    4. Re:Done right, this can be a good thing by Adrian+Lopez · · Score: 1
      No, your use of the word "advertising", as if it has to go on the homepage, is an exaggeration not present in the proposal.
      The word "advertise" has several meanings. From Meriam-Webster:
      1: to make something known to : NOTIFY

      2 a : to make publicly and generally known b : to announce publicly especially by a printed notice or a broadcast c : to call public attention to especially by emphasizing desirable qualities so as to arouse a desire to buy or patronize : PROMOTE

      intransitive senses : to issue or sponsor advertising
      So it's perfectly correct to say that the proposal requires a party to advertise the link by putting it in a prominent place for at least 24 hours.
      "Prominent place" should probably be interpreted in the light of the very next paragraph...
      No. You're conflating separate issues. The first deals with the availability and visibility of the reply (24 hours, prominent place), the second deals with how the reply should be associated with the original article. If the article is no longer in a prominent place when the reply is issued then it seems like this proposal would require that either the reply be issued its own prominent place, or that the article be reissued with the reply appended to it. Doesn't seem very reasonable to me.
      This isn't about settling disagreements; nobody is pretending that is possible.
      I never said it was about settling disagreements, but since disagreements will undoubtedly occur they're an important consideration. Just as the right of reply could be used to promote clarity, it could just as well be used to promote confusion with replies designed to muddle the issue rather than settle the facts. This would require additional clarification by the original author, which might in turn prompt a new reply with further invalid rebuttals.

      It's an unreasonable standard to require people to entertain the unreasonable positions held by another. If I write an article criticizing John Edward (the alleged psychic who was spoofed in a South Park cartoon), why should it be my burden to provide him with a soapbox where he can issue a rebuttal that is designed to promote his own deceptive agenda? Or imagine what publishers of articles criticizing creationism would have to go through. Why should such a publisher be forced to entertain the creationists ridiculous rebuttals? Let them find their own soapbox!
      The proposal addresses neither issue directly. However, as a practical matter that won't happen, because the link being pointed to can be changed as necessary to update new conditions; new links will not need to be continuously posted so that's a bugaboo.
      The problem is not about a multiplicity of links, but about theoretically endless arguments and counter-arguments. I shouldn't be forced to post and respond to your replies (and have this go on until either one of us decides to give up!).

      If I lie, sue me. If I don't, fend for yourself.
      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  67. A few points.... by leighton · · Score: 2, Insightful

    1) The article says that the proposed law was revised to cover ALL online media: "a March 2003 draft dropped the word 'professional' and intentionally covered all 'online media' of any type." Unless there are other exclusions elsewhere in the law, this means bloggers, slashdotters, everythingians, online newspapers and magazines, websites covering history, sites hosting PDFs of scientific articles, etc.

    2) If this were passed, I'd expect to see bloggers, etc., reduce the number of specific people they criticized, just to avoid the "right" of reply. Otherwise, in an article that criticized numerous people, you'd end up with an unmanageable cascade of replies, replies to replies, replies to replies to replies.

    3) The article says that the reply *can* be a link. Can the original author insist that it be a link, or can the responder require that the author post it on the original site?

    4) (really a combination of 2 and 3) Does this mean that the mandated "right" to reply is endless? If I criticize someone on my site, and she makes me link to something on her site, does the presence of that article *on her site* then give me the "right" to reply? In other words, does her reply automatically confer on me the right to reply? How many steps are permitted? How many links will need to be posted on the original page?

    5) Do groups have the "right" of reply, or does that just apply to individuals? If I criticize Microsoft, "the Linux community," the Democrats, the Republicans, Slashdot, Scientology, whatever, must I allow them to reply on my site? If I want to avoid triggering Bill Gates's "right" to reply, can I get around this by talking about "the senior leadership at Microsoft"?

    6) This isn't mandating a "right to reply" anyway. You always have the right to reply. I just don't think you have the right to force me to publish certain things on my website, be those documents or links. I think free speech does just fine without that.

  68. L-I-B-E-L by Anonymous Coward · · Score: 0
    If someone is unfairly criticized, let them file a libel suit. If not, they have nothing to complain about. No one is responsible to advertise my opinion for me, nor I theirs. That's what's great about America, at least - I'm entitled to my opinion, to say it wherever and however I want, so long as it isn't libelous. And I can say it without couching it, and without restrictions.

    Journalists have way too much power, and that power should be regulated so it isn't abused.

    They only have power in as much as anyone listens to them. Don't like what they say? Don't listen. But forcing someone to publish someone else's opinion at THEIR cost is ridiculous.

  69. MOD PARENT UP by Anonymous Coward · · Score: 0

    Damn Funny

  70. Thank heavens for the First Amendment. by sulli · · Score: 2, Insightful
    In the US, this would be thrown out so fast it would make your head spin. Under the US Constitution, speech cannot be compelled.

    A requirement like this would have a huge chilling effect on any individual who owns a domain name ("company") and wants to make an unpopular comment. Said individual would be forced to publish all the replies! You could easily make it unfeasible to say unpopular things with this regulation, if you were a dirigiste Eurocrat aimed at such a thing.

    Remember, the victim isn't you, who knows how to operate a blog or a slash site. It's the guy who wants to publish a rant on geocities about his view that Rumsfeld is right and Chirac and Schroder should be impeached by their respective parliaments. Posting all replies by hand is highly impractical - which is the whole point from the Eurocrat's point of view, as it means that such inconvenient views won't be published.

    (BTW: I don't support the Bush administration - just using this as an example of unpopular speech in Europe today.)

    --

    sulli
    RTFJ.
    1. Re:Thank heavens for the First Amendment. by jawtheshark · · Score: 2, Interesting
      Sulli, this does not limit free speech. Quite the contrary. Imagine the following: I make an enemy and this enemy is a big head at, let's say, RTL. He makes an editorial where he insults my coding skills, and technically ensures I will never ever find work again in Luxembourg.
      Now what do I do? Post my rebuttal on my own site, hosted on a lousy residential DSL, or in my slashdot journal. Nobody, I repeat, nobody, is going to read my rebuttal. However, if I let them publish my rebuttal I might at least find the same readers the other article found. Perhaps even enough so that I can be hired again.

      In the US, I would need to sue RTL, which of course is impossible because you know well that the one with money wins. Quite inconvenient if I just lost my job due to that article at RTL.

      Apart from that: nobody forces anyone to read my rebuttal. They still can see my rebuttal, say: Oh, it's that crackpot Jawtheshark, I don't care what he has to say. What this kind of law ensures is that I have the same chance to be heard than a powerful news organisation. (And don't say RTL isn't powerful, unless you start to see what kind of mighty group that organisation is)

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    2. Re:Thank heavens for the First Amendment. by Anonymous Coward · · Score: 0

      This topic is rather difficult to discuss on Slashdot, where people apparently don't read what they write about. There are strict limits to who can make use of the right of reply and what can be said in such a reply. Specifically, you don't have to post "all the replies", just the _one_ from the person or legal entity which was criticized in the article you wrote. At least in Germany, the reply can only include depictions of facts from the criticized's perspective, no opinion, no personal attacks against the publisher, etc. In your example, right of reply wouldn't even come into it, as the article is pure opinion. But let's say our Geocities guy wrote that Chirac and Schroeder were in violation of U.N. resolution soandso and therefore must not remain in power. That would allow for invokation of the right of reply, but only by Chirac, Schroeder or their delegates. They would have the right to send _one_ reply each, stating why they were not violating said U.N. resolution. (likewise purely hypothetical example)

    3. Re:Thank heavens for the First Amendment. by Alsee · · Score: 1

      this does not limit free speech. Quite the contrary. Imagine the following:

      Quite the contrary, it does place unreasonable burdens on free speach. Immaging the following:

      A 10 year old girl puts up a blog about her Barbie Dolls.

      Now look at what the law requires of her in order to provide Mattel Incorporated a forum to talk about he blog on Barbie Dolls.

      She must provide contact information. Should she give an E-mail address and take time from school to check it everyday sorting through tons of spam? Should she give her home address anf deal with perverts at her door?

      She must validate the identities of people who contact her, lol.

      You are COMPELLING her to work to provide and maintain a forum for Mattel Incorporated to speak.

      This law was intended to apply to newspapers and other media corporations with a large staff and legal council. It is not a burden on them, but it IS a burden on an individual. In the case of a newspaper you do not have a voice of your own, only the newspaper can grant you your right to speak. On the internet everyone is already fully capable of speaking on their own. You can get a global blog or website for FREE.

      Mattel has no right to compel this little girl to do anything.

      And on the internet this law WILL infact be most often used by corporations against individuals. The exact opposite of the original intent.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Thank heavens for the First Amendment. by jawtheshark · · Score: 1
      You misunderstand.... She will have to verify the identity of Mattel. Not of anyone else. Her idenitity is not important, and can be kept hidden. I she would write a rebuttal to Mattel, even then her identity would be kept secret. It is authentication between the two paries that is important.

      Individual privacy is kept in a much higher importance in Europe than it is in the US. Just don't look at this single law, try to understand the European mind, then you will understand. We don't think like Americans. You can believe me on that one, I just lost my American girlfriend.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    5. Re:Thank heavens for the First Amendment. by fenix+down · · Score: 1

      You spend a lot of time at Li'l Julie's BarbieBlog too?

      I think you're looking at this too much through your own perspective. Wander around some time and check out the edges of the blogsphere. Every blogger is not a heroic crusader against the Man. A lot of them are outright liars that have a very real impact on the thoughts of a great many people. If Fox News started vigorously promoting the idea that a multinational Jewish conspiracy blew up the WTC, this would be a bad thing, yes? But it wouldn't be libel. There's no name in there, it's not even necisarially a literal lie. There are a few safeguards against that sort of thing in the TV arena, but there are bloggers that aproach the viewership of a mediocre cable network that do this sort of thing regularly, and there's no recourse.

      Now take that crazy blog and let a Saudi high school access it. They don't get real news on TV. They have to depend on the internet. And this is what they end up finding. It looks good. It sounds good. It's as far off from what they see on TV as the truth is. It's a crap shoot whether they go for the truth or for the nutcase.

      National Geographic interviewed some high school kids in Saudi Arabia about 6 months ago. They heard about the Jewish conspiracy on the internet, they believed it. The interviewer was about ready to start crying over the crap these kids were telling him. You can't give somebody common sense to detect this shit unless you give them access to the truth at least as often as the bullshit.

      I don't like this either, but not knowing what's real is worse than government-enforced debate. By a big fucking margin. I'm still hoping crap like this can get held off and we'll find out that people are actually capable of getting off the comforable fiction and back to the real world, but I don't have that much faith in humanity.

    6. Re:Thank heavens for the First Amendment. by Alsee · · Score: 1

      If Fox News started vigorously promoting the idea that a multinational Jewish conspiracy blew up the WTC, this would be a bad thing, yes?

      No. At least not in the way I think you mean. I support their right to say it. And by most people's standards I'm a Jew. I assume that's not exactly the reaction you expected.

      It's no big newsflash that somebody in a verbal conversation can be an idiot, that an individual blogger can be an idiot, and that FOX news can be an idiot. Even an idiot has a right to free speech. I'll just use my free speech to tell people why they are idiots. And I don't expect them to provide a forum for me to say so.

      If the Ku Klux Klan is denied a parade/demonstration permit I'll be in the front row bitching about the denial. And when the KKK has their parade/demonstration I'll be in the front row telling people why the KKK are idiots. I certainly don't expect I have any right to force them to provide me with a float in their parade to explain why they are idiots.

      Stormfront.org is an extremely informative site. Not because it's right or good, but because it give a lot of insight into the twisted logic of white supremacist idiots. Know thy enemy. And kids.stormfront.org is an absolute hoot, expecially how little Derek complains about the e-mail he gets, explaining "I am only fourteen years old and I really do not need your hateful thoughts in my head".

      Oh wait, you're probably in europe and those websites are probably censored.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:Thank heavens for the First Amendment. by Alsee · · Score: 1

      As far as I can tell you only replied to my single line about verifying the identity.

      My point is that the enire process is an excessive burden to place on an individual, expecially when there's no need to place a burden on anyone. On the internet everyone is already capable of speech on their own, unlike newspapers.

      I myself have placed valuable information on the internet, information that was in fact usefull to other people. It was an educational piece explaining the workings of a complicated system. I did it as a gift to people interested in the same subject as me. I put it up and never touched it again. It may as well have been a message in a bottle cast into the ocean.

      I had absolutely no intrest in providing contact information, and even If I had included an e-mail address I almost never check my e-mail. I certianly had no interest in taking time away from my life to update it to include links other people may want there.

      If these obligations existed before I wrote it I simply wouldn't have wasted my time. Valuable speech would have been stiffled, and a number of people would have been denied the benefit of my work.

      Placing prior burdens on speech stiffles speech and all of society is the lesser for it. The obligations of this law begin even before anyone desires to reply.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:Thank heavens for the First Amendment. by Halo1 · · Score: 1
      A requirement like this would have a huge chilling effect on any individual who owns a domain name ("company") and wants to make an unpopular comment. Said individual would be forced to publish all the replies!
      No no no no no. How many times does this still have to be posted? You only have to post replies from individuals you explicitly mentioned in your "unpopular" comment. I.e. people which you personally attacked. And companies don't have the same right (so if you attack a company, you are NOT forced to post their reply).
      --
      Donate free food here
    9. Re:Thank heavens for the First Amendment. by jawtheshark · · Score: 1
      You really didn't have to write nearly the same reply twice to me. This just proves you cut 'n pasted your argument.

      Having Free Speech might be a right, *but* nobody said that it should be easy. You need to be *responsible* for your actions, yes, even if you are a 10 year old girl. I mean if I go to a bad black neighborhood and start to yell "fucking niggers die", I am exercing my rights of free speech. However, I am guaranteed to end up in hospital. Free speech comes with a responsibility, which means you need to do an effort.

      As for your example. You clearly state that it was informational. Meaning, it did not contain any *opinions*. If you reverse engineered, for example, the protocol used between your PC and PDA, and then you provide this information it is *not* an opinion. Hence it does not require a rebuttal by anyone. Even then: since you took the time to write that document, wouldn't you be proud enough to leave your contact info? I mean if you missed a part and some nice fellow likes your doc but want to email your a correction. That's how How-to's and FAQ's evolve. The internet is about communication, use it that way.
      The law only goes for opinionated pieces of writing. How can you rebutt an informational piece is beyond my understanding. (Apart from disproving theories in science. But that's what peer-review is for)

      By your logic, I wouldn't exerce my right of free speech because I'm scared that I will have to host a rebuttal? Wow.... I'd really rather have to host a rebutall than to get a Cease and Desist letter from a lawyer of the company I insulted. As you know, I can't fight a corporation as an individual.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    10. Re:Thank heavens for the First Amendment. by Wastl · · Score: 1
      Oh wait, you're probably in europe and those websites are probably censored.

      Just checked. Not censored.:-)

    11. Re:Thank heavens for the First Amendment. by Alsee · · Score: 1

      You really didn't have to write nearly the same reply twice to me.

      Oops, sorry. I didn't realize it was you in the other thread. I pay attention to seperate conversations, but I don't always track the names. I don't usually copy/paste like that. Part of the reason was that I was tired, and partly because your post had ignored almost everything I said in my prior post.

      The fact that I copied/pasted it has no effect on it's validity, but apparently I didn't explain it well enough because you misinterpreted my point:

      I wouldn't exerce my right of free speech because I'm scared that I will have to host a rebuttal?

      No, you are only seeing the AFTER obligations and completely missing the PRIOR obligations. I wouldn't have bothered to write it if I would have been obligated to provide contact info and if I could get in trouble for not continuously checking that contact method. It's not unusual for me not to check my email for a month or more. I think my E-mail address changed shortly after as well, so I would also have been obligated to go update the address on everything I've put up.

      Those obligations exist even if nobody ever actually wants to reply. Any additional burden of verifying identities and working to update the site for them is almost irrelevant, I quit the project before it even got that far. Speech has been stiffled.

      You've got no right to right to limit my speech in any way or to obligate me to do anything so long as I don't commit a crime.

      You need to be *responsible* for your actions

      Sure, if I do something wrong. If I break the law then put me in prison. The fact that someone doesn't like what I said does not mean I've done anything wrong.

      if I go to a bad black neighborhood and start to yell "fucking niggers die"... I am guaranteed to end up in hospital.

      You'd be a double idiot both for the comment and for doing it in a stupid place, but the criminal is whoever put you in the hospital. People have a right to make unpopular and offensive speech. There is no such thing as a right not to be offended.

      Free speech comes with a responsibility

      Speech is not a privilege that must be earned. Rights don't come with strings attached.

      since you took the time to write that document, wouldn't you be proud enough to leave your contact info?

      That's my business. I did happen to include my handle 'Alsee' on it, but no contact info. There was no reason to include my home address, and I get too much spam already without posting my e-mail on the web. Under other circumstances I could have written it without any name at all, and I wouldn't need to justify that choice.

      some nice fellow likes your doc but want to email your a correction. That's how How-to's and FAQ's evolve.

      I did it as a gift to anyone interested, but I had no interest in putting in the work of maintaining an evolving site. Just because a gift can be better doesn't obligate me to do any more work than I choose to.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:Thank heavens for the First Amendment. by Anonymous Coward · · Score: 0
      Remember, the victim isn't you, who knows how to operate a blog or a slash site. It's the guy who wants to publish a rant on geocities about his view that Rumsfeld is right and Chirac and Schroder should be impeached by their respective parliaments. Posting all replies by hand is highly impractical - which is the whole point from the Eurocrat's point of view, as it means that such inconvenient views won't be published.

      What rubbish! The only people who would have a right to reply in this situation would be Chirac and Schroeder. Not Joe Bloggs, who disagrees with the rant. Be clear what you're talking about first before making non-sensical comments.
    13. Re:Thank heavens for the First Amendment. by jawtheshark · · Score: 1
      The fact that I copied/pasted it has no effect on it's validity

      Does the "redundant" moderation has any meaning to you? You're lucky the moderators have gone by now. It needlessly clutters the discussion. That's of course netiquette, so you might want to diss the good old values.

      No, you are only seeing the AFTER obligations and completely missing the PRIOR obligations

      What prior obligations? I do not see the prior obligations. If you are using the internet as means of communication (you publish there for pete's sake), but aren't using it to be joinable, what are you on the internet for in the first place? All actions in your life have a consequence. Your action of publishing something has a consequence. If you cannot cope with consequences, don't publish.

      Speech has been stiffled.

      Exactly how? It allows me as the small guy to actually exercise my right of free speech.

      >>You need to be *responsible* for your ctions
      >Sure, if I do something wrong

      No, that is wrong. You are always responsible for your actions. Whether your criminal actions or your legal actions. This means you are responsible for all you say and do during your lifetime.

      Speech is not a privilege that must be earned. Rights don't come with strings attached.

      Free speech is guaranteed by your constitution. That is a right. It does not come with strings attached.... However, once you *use* your right, they become your "actions" and that is where your responsibility jumps in. Having a "guaranteed unalienable" right does not make you "not responsible" for the actions make.

      I will not go on about the document you wrote for the simple reason it was not an opinionated piece of writing. So it is completely irrelevant in this discussion.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    14. Re:Thank heavens for the First Amendment. by Alsee · · Score: 1

      What prior obligations? I do not see the prior obligations.

      Didn't you read what I said? An obligation to provide a means of contact, an obligation to actively update and maintain that means of contact, and an obligation to actively police that means of contact to see if anyone is demanding that I give them a forum to speak.

      If I don't do all of that then I'm toast if some idiot makes an entirely invalid claim against me because I have not properly rejected his claim. And I'm even worse off if I've done nothing wrong and someone makes a "valid" claim. It looks like there are cases where a claim is "valid" even though my facts are accurate and/or my critism is proper.

      but aren't using it to be joinable, what are you on the internet for in the first place?

      I have no right to speak if don't stand around waiting to see if anyone has anything to say about it?? The majority of web pages have no support for people to add their own commentary. I can post a cure for cancer without including a means of contact and I don't have to justify it to you.

      All actions in your life have a consequence.

      There are no legal penalties for doing nothing wrong. And if there are then the law is wrong.

      responsibility jumps in

      I haven't done anything wrong and I have no responsibility to provide you a forum to speak.

      >Speech has been stiffled.
      Exactly how?


      Didn't you read what I wrote? I said I wouldn't have written the guide I wrote. My speech would have been stiffled and other people would have lost the benefit of that guide.

      It allows me as the small guy

      HELLO! I'm defending the small guy! The original draft only applied to professional sites. This draft would stiffle the small guy's freedom of speech.

      The US has already struck down this sort of law as unconstitutional even applied to newspapers, but I'm willing to agree it's not an unreasonable burden to place on professional media.

      to actually exercise my right of free speech.

      Go right ahead, you don't need my help.

      I will not go on about the document you wrote for the simple reason it was not an opinionated piece of writing.

      I mentioned bugs in the system I was discussing. I don't recall my exact comments, but it's completely possible I expressed an unfavorable oppinion about the programmers. Just because a piece is primarily informational don't mean it can't contain an oppinion.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    15. Re:Thank heavens for the First Amendment. by jawtheshark · · Score: 1

      We are obviously going in rounds here, you don't understand my points, I don't understand your points.
      It's as simple as that....

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
  71. How would you block the abuse? by Anonymous Coward · · Score: 0

    Hum this is great news for spammer.. Do a history on Spammer, and get spammer to send spam as a response!

  72. Reply: Repeat after me. by Adhemar · · Score: 1
    You're right. Currently the European Union has no constitution. Yet almost all Member State have (except the United Kingdom) and a lot of freedoms are written in them. (To my knowledge, the right to carry arms is not in any of those constitutions. Can't say I dislike that.)

    The European Union will have a constitution soon though (probably this or next year). This table of contents gives you an idea of part two of the final draft:
    • Dignity
      • Human dignity
      • Right to life - explicitly forbidding death penalty
      • Right to the integrity of the person
      • Prohibition of torture and inhuman or degrading treatment or punishment
      • Prohibition of slavery and forced labour
    • Freedoms
      • Right to liberty and security
      • Respect for private and family life
      • Protection of personal data
      • Right to marry and right to found a family
      • Freedom of thought, conscience and religion
      • Freedom of expression and information
      • Freedom of assembly and of association
      • Freedom of the arts and sciences
      • Right to education
      • Freedom to choose an occupation and right to engage in work
      • Freedom to conduct a business
      • Right to property
      • Right to asylum
      • Protection in the event of removal, expulsion or extradition
    • Equality
      • Equality before the law
      • Non-discrimination
      • Cultural, religious and linguistic diversity
      • Equality between men and women
      • The rights of the child
      • The rights of the elderly
      • Integration of persons with disabilities
    • Solidarity
      • Workers' right to information and consultation within the undertaking
      • Right of collective bargaining and action
      • Right of access to placement services
      • Protection in the event of unjustified dismissal
      • Fair and just working conditions
      • Prohibition of child labour and protection of young people at work
      • Family and professional life
      • Social security and social assistance
      • Health care
      • Access to services of general economic interest
      • Environmental protection
      • Consumer protection
    • Citizens' rights
      • Right to vote and to stand as a candidate at elections to the European Parliament
      • Right to vote and to stand as a candidate at municipal elections
      • Right to good administration
      • Right of access to documents
      • Ombudsman
      • Right to petition
      • Freedom of movement and of residence
      • Diplomatic and consular protection - if you are not in your own country
    • Justice
      • Right to an effective remedy and to a fair trial
      • Presumption of innocence and right of defence
      • Principles of legality and proportionality of criminal offences and penalties
      • Right not to be tried or punished twice in criminal proceedings for the same criminal offence
    1. Re:Reply: Repeat after me. by Anonymous Coward · · Score: 0

      Nice socialist utopia constitution you have there. Free health care for everybody!

      BTW, will you Euro-peons please just shut up about our (the US') 2nd amendment. I am sick and tired of hearing your stupid little digs at it.

    2. Re:Reply: Repeat after me. by Anonymous Coward · · Score: 0

      Nice socialist utopia constitution you have there. Free health care for everybody!

      As opposed to the US, where you rot in the streets if you can't pay?

      There is nothing "utopic" about guaranteeing people health care, it's already working in Europe, and in a free market environment.

      The real question is why the US can't manage to provide health care for its citizens; despite spending twice as much per capita per Europe, US health, health care, and outcomes are worse.

    3. Re:Reply: Repeat after me. by RzUpAnmsCwrds · · Score: 1

      If you don't have a job, you can get health care from the government. If you do have a job, your employer provides a mandatory health benefit which you can buy.

      No, we don't have "Universal health care". But people aren't "rotting in the streets".

      "it's already working in Europe"

      Socialist health care may work, but it lacks the level of convenience in the US. There are three MRI machines within five miles of this town of 90,000 in northern Colorado. None of them are used 100% of the time. Our system is inefficent but convenient.

      Oh, and our taxes are much lower.

      "The real question is why the US can't manage to provide health care for its citizens; despite spending twice as much per capita per Europe, US health, health care, and outcomes are worse"

      See earlier. Your system is efficent. Ours is convenient. I can walk into a dermatologist's office and wait 20 minutes and get an exam if I suspect a problem. I pay $10 for that visit. I can visit a dentist's office so long as I call a day in advance. That's also $10. I can get a physycal just by walking in. That's $10.

      Oh, and we're the ones paying for the development of new drugs. You don't think that R&D is free, do you?

      Oh, and there is standardized health care in Hawaii - but only for people who do not recieve it through their employer. In most states, there is low-cost (or free, depending on the wealth of the parents) government-subsidized healthcare for childern.

      Oh, and there's health care for seniors. It's called medicare.

      So... let's see.

      Adult:

      Working - Covered by employer
      Unemployed - COBRA covers 1st year, after that you need to buy it yourself

      Senior:

      Covered by Medicare

      Child:

      Government-subsidized low-cost or free.

      So, what's the problem? Everyone gets the healthcare they need, except those unemployed for over a year. Guess what, even a minimum wage employer (McDonalds, etc.) is required to provide healthcare if you work full-time (40 hours a week).

      So what's the problem? Almost everyone gets healthcare. Our system is just different.

      I'm always amazed at the ignorance of Europeans. They think that there is some kind of health-epedemic over here. That people are "rotting in the streets". That you have to pay tens of thousands or you can't get saved.

      We have healthcare issues. So does Canada. So do European countries.

    4. Re:Reply: Repeat after me. by radio4fan · · Score: 1

      ...and we're the ones paying for the development of new drugs. You don't think that R&D is free, do you?


      Hmmm. You think that GlaxoSmthKline, AstraZeneca, Roche, Novartis, Aventis and other EU based companies don't do any R&D, do you? BTW, all the big Pharmas spend much more on marketing than R&D.

      I'm always amazed at the ignorance of Europeans. They think that there is some kind of health-epedemic over here.


      We watch ER, which accounts for both. ;-)

      We have healthcare issues. So does Canada. So do European countries.


      Yes, but have a look at the WHO health rankings 2002. See all those European countries up at the top there? Hmm... Where's Canada? 30th. Where's the US? 37th, between Costa Rica and Slovenia.

      Dammit, last time I was in the US, I picked up some crotch-critters, and it cost me over $200 for a tube of ointment. Convienient? Not really. I can buy permethrin off the shelf in Europe (less than $10). Not efficient? I disagree; they certainly seemed to take my money pretty efficiently.
    5. Re:Reply: Repeat after me. by RzUpAnmsCwrds · · Score: 1

      "Permethrin, like all synthetic pyrethroids, is a neurotoxin. Symptoms include tremors, incoordination, elevated body temperature, increased aggressive behavior, and disruption of learning. Laboratory tests suggest that permethrin is more acutely toxic to children than to adults."

      "The U.S. Environmental Protection Agency has classified permethrin as a carcinogen because it causes lung tumors in female mice and liver tumors in mice of both sexes."

      Perhaps you shouldn't be able to get it in the local drugstore after all. I'm all for products like loradatine (Claratin) and ibprofin (Advil)being OTC - they're relatively safe. Both are now generic and OTC. But permethrin can be dangerous if used improperly and should be given under the guidence of a physycian. That's what prescription drugs are for.

      Oh, and you CAN buy permethrin over the counter in the US. It's just not sold OTC as a medical product - it's sold as an industrial pest repellent.

  73. An easy demonstration . . . by taustin · · Score: 1

    . . . to show how incredibly stupid this is.

    Find a reference to yourself somewhere in Europe, and demand your right to reply. In your reply, criticize someone else, and encourage them to reply to your criticism, and hope they criticize you. Lather, rinse, repeat.

    They've turned the WWW into Usenet.

  74. I don't see how this could work by reinard · · Score: 1

    I think this is interesting, but a flawed attempt, mainly because of the sheer number of indivuals that may feel the need to 'reply' to a particular publication. Say, for example, CNN writes an article about how a group, say Hamas, should be designated as a terrorist organization (which it is). Now, what if 100000 responses come back? I don't think that's an unreasonable number. Sure when you have business A talking on their website about product B of company C this all could work. But we don't live in that ideal world, and if that was the only intent and purpose of the law it would be pretty useless. For example, what about Microsoft badmouthing Linux? If only one reply need by published, which one, and who gets to decide that? If all replys need be published, then it's obvious that this law is as worthless as it is unfeasable.

    It's an interesting idea, but I just can't imagine it working.

    --
    Reinard
  75. Slashdot allready gives right to answer by Anonymous Coward · · Score: 0

    Isn't a nested forum thread like here a kind of application of this idea ? (To all detractors) do you believe it's so hard to offer ? Is it so "free speech" killer as some people says (or exactly contrary ?) ?

    1. Re:Slashdot allready gives right to answer by Oracle+of+Bandwidth · · Score: 1

      Yes /. is a good example of everyone having their say, but what if you don't want or have the bandwith (or the $$ to do it). Should I be required to put a forum on my page so that people can disagree with me? It's my page. I should be able to decided what goes there, it is my speach. As I understand it, this law would require me to ammend someone else's veiws to my speach, possibly at cost to me. I see that as a restrition to free speach

  76. Re:The History of the World. by mirko · · Score: 1

    Thanks for this hilarious post :)

    --
    Trolling using another account since 2005.
  77. Facts are wrong by Sr.+Zezinho · · Score: 1, Insightful
    "Third, the council's plan is unenforceable. Even today, Ireland, Portugal and the United Kingdom have not enacted a right of reply for traditional media, and it's a good bet that they won't for the Internet, either. A Euroblogger who wished to cloak his identity could set up an account in one of those countries--or in the United States."

    He is factually wrong about Portugal, at least. This is law and custom for as long as I can remember. I think he is getting everything else wrong, but that is another matter.



    These laws aren't about anonymous bloggers, but about those who really have the power to hurt a reputation: the Sun, the Daily Mail, the Bild, El Pais.

    --
    os trabalhos e os dias: http://zmoreira.net
  78. How could anyone come up with this anyway? by kmweber · · Score: 0

    There's a difference between freedom of speech and forcing someone to give you a forum for that speech.

    Freedom to do something is not a guarantee. Freedom of speech is not a guarantee that you will have anything to say nor that you will have a place to say it nor that anyone will listen to you. It simply means that government will not try to stop you if you choose to make your views known (unless you attempt to violate the rights of others in the process, e.g. by forcing someone else to print your views in his publication).

    --
    "Other than that, Mrs. Lincoln, how was the play?"
  79. MOD PARENT UP by Anonymous Coward · · Score: 0

    +5 Informative

  80. They should be made to answer ;-) by Garry+Anderson · · Score: 1

    The Council of Europe should make it a legal requirement that individuals HAVE TO REPLY to criticisms on these sites.

    That is part the reason why some people make (company)sucks.com sites - because sometimes these cowards in corporations will not answer justified criticism.

    I have been waiting for years for the answers to some simple questions from people in the United Nations World Intellectual Property Organization (WIPO).

    It is my informed opinion that they and others in ICANN are corrupt.

    UN WIPO and ICANN help big business violate Trademark and Antitrust Law using the Domain Name System.

    They also violate the First Amendment. As you know - people have every right to use words for whatever legal reason they wish. UN WIPO and ICANN seem to think they do not have this right - they abridge the words that people can use.

    Please visit my site - not connected with the crooks at WIPO.org ;-)

  81. Cacophony by Chuck+Chunder · · Score: 1
    Jarring, discordant sound; dissonance
    This legislation enables discordant and dissonant voices to be heard we roughly equal volume to the original voice of an article. Sounds like it should promote liberty rather than hinder it according to Declan's beloved judge....
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  82. The Suspended Diary of Samuel Pepys by geekotourist · · Score: 4, Funny
    From the last entries of Samuel Pepys's diary:

    May 27 1669 This morning, before I went to the office, Nick the servant of Mr. Scobell came requesting that I correct what I said of him and link to his version of events. Staid past noon so to make this correction: "Mr. Scobell says that Parliament merely misunderstood how it was writ that Parliament was dissolved and that Mr. Scobell was not in danger of being arrested and you may find his version at Desk.Mr.Scobell.KingStreetByHayMarket.London." Thence to the office. Dined with my cosin which was very good; only the venison pasty was palpable beef. Then to home and to bed.

    May 28 1669 To my office till noon. Intended to meet with Mr. Harper to drink and eat, for I had not eaten earlier. But hither my cosin comes to complain and ask that I write this correction "That I shall say that my cosin does buy his meat from fyne butchers and that he would not mix venisin with beef" and you may find his writings at Diary.ThomasPepys.LeftPocket-TheGreenCoat.London. Unable to meet Mr. Harper. Drank two cups of Metheglin instead. Then to bed.

    May 29 1669 Up in the morning and I was to go to King's Crossing to collect my salary so I can pay my landlord before he gets apoplectic. But Mr. Cook came angrily to correct me about what I wrote of him so let me write "Mr. Cook did not 'Rail' or otherwise speak in any but a rational way when confronting Mr. Pepys about if Mr. Pepys was after my job." and you may find his statement at MrCook.DiaryLibrary.BehindTheSwan.CrookedLane.Lond on.

    Again I was to leave and hither comes the servant of my Lord Chesterfield with a note that "Lord Chesterfield wishes to correct Mr. Pepys and requests him to link to Chesterfield's account of the duel. To whit: Chesterfield did not 'flee' but merely had an important meeting the next day in Holland." I then was to go to my brothers but in comes Mr. Cook to say "You must tell them I was not angry when I spake with you this morning." And you may find his words at MrCook.DiaryLibrary.EtcEtcEtc. And then to bed.

    May 30 1669 I lay in bed intending to practice my lute, but then came three servants of three men each telling me to correct what I did write of their employers. I spent until 3 O'clock fixing my writings. Then to King's Crossing but just as I started Mrs. Jewel accosted me to say I wrote badly of her in that "She was not drunk and even if she did drink she still sings better than anyone else in the Tavern" and I should link to her diary which I do not know the location but you may search at DiariesOfDrunkenLadies I am sure. Drank three cups of Metheglin and then to bed.

    May 31 1669 This morning comes a pounding on my door from both my landlord and John the Tavern owner ordering that I tell you their versions of what I had writ so "the landlord is not apoplectic" and "All singers at the tavern sing like the nightingale". Spent the afternoon hiding from Mrs. Jewel. And now I shall stop the keeping of my journal, I being not able to do it any longer, having done so much corrections and additions every time I take a pen in my hand I do not have time for my own words. And so to bed.

  83. The United States' Greatest Achievement by Adrian+Lopez · · Score: 2, Insightful

    For all that is wrong with the US, the US Constitution is one of its crowning achievements. This kind of nonsense is exactly why the first ammendment to the US Constitution is so important.

    True freedom of speech includes the right not to speak on your behalf. The government cannot prevent you from issuing a rebuttal against my opinions, but it also cannot force me to be an outlet for such a rebuttal. If I make libelous statements about you then your only remedy should be to sue me and demand a retraction. Otherwise you have absolutely no right to force me to speak. None.

    It's frightening that a large political body like the European Union does not have the same constitutional restrictions on its legislative powers as the United States. It keeps growing, while the member nations slowly lose their sovereignty.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    1. Re:The United States' Greatest Achievement by CausticWindow · · Score: 0, Informative
      --
      How small a thought it takes to fill a whole life
    2. Re:The United States' Greatest Achievement by Adrian+Lopez · · Score: 1

      Did you not read the sentence where I wrote "for all that is wrong about the US"? The issue at hand is not the United States' policies on war, the issue is how Europe lacks the kinds of free speech protections that the United States enjoys.

      You're attempting to defend the european approach to this issue by pointing to problems with the present administration of the United States. A thief may point fingers at a murderer, but it makes him no less a thief.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  84. Re: Repeat after me: EC Human Rights by Anonymous Coward · · Score: 0

    Check the text of the European Convention on Human Rights, ratified in all memberstates of the Council of Europe (which of course includes all the EU nations). The ECHR prevents any EU government to simply detain passengers on airports because they have the wrong name ("David Nellson"s held up as suspected terrorists in the USA, earlier story on the US sorting system) or we can't treat someone in an inhuman way (contrary to the Guantanamo prisoners), family life is protected, laws against discrimination (religion, race, colour,... (post 11/9 action against muslims/arabs)), right on a (free) defense in penal cases, right on privacy (including the sanctity of your home), no arbitrary death penalties in the main text and no death penalties at all in the 6th Optional Protocol (not in Turkey, Armenia and Russia, but in the 41 other countries) etc.

    Next to that, each individual country has a heap of laws in their own Constitutions protecting a number of these and other freedoms.

    If the trade-off for all these things (which individuals can enforce against their own nations, and often do) is just to allow X to respond to comments you made about him (you don't have to accept someone else's reply, just X's), then give me Europe all the way.
    For info on the European Court of Human Rights, as well as the text of the European Convention on Human Rights: http://www.echr.coe.int/Eng/General.htm
    Text in the languages of the member states:
    http://www.echr.coe.int/Convention/Conven tion%20co untries%20link.htm#EUROPEAN%20CONVENTION%20ON%20HU MAN%20RIGHTS

  85. no one is forcing you to do anything by Damek · · Score: 1

    Why would you be required to read, listen to or watch the rebuttals? I haven't heard or read anything indicating that off-buttons would be removed from TVs or radios, or that you would be required to read every single word in the newspaper.

    If anything, this forces the "elite few" who run the media to allow everyone to reply to what they say. Too costly for them? Well, maybe that will make them think twice about some of the things they print or broadcast.

    To reiterate my subject, no one is forcing you to do anything, unless you own or run some form of media, which makes you one of an elite few. On the internet, less so, but I would still think there are far fewer well-read blogs & other sites than visitors.

    Forcing elites to make some room, however small, for the non-elite, is one of the better functions of government.

  86. Re:Why does everyone think this is about censorshi by coupland · · Score: 1

    Of course it's not censorship, I don't think I used that phrase in my post. My point is that web sites should be allowed to post opinions about people and they shouldn't have to pay the cost of bandwidth to host their critics' counter-arguments. The subjects of said opinions should be free to post anything they want in response. There are laws that cover slander and libel and they should be enough, anything you say within the law should be enough. You should not be legally bound to host critical opinions on your dime.

  87. What's free speech and what's not free speech by Anonymous Coward · · Score: 0

    I read that c.net article, and was embarassed at least.

    The principle of this legislation is to provide some kind of 'physical compensation'
    if someone publishes some deliberate insults, or worse things, or simple things he invented about you.

    Remember that NY Times disaster that recently happened - wouldn't you be pissed of if you see
    an article, or an interview with you, that completely comes out of the mind of a mad
    journalist looking for a top story?

    You may say: I can sue the newspaper. But the $s
    you get from that may not compensate in the public. I never have seen a headline in a
    news paper telling "We did tell dumbshit ..". But only the headlines remain in the minds of the people finally.

    Finally, this legislation usually avoid large
    lawsuits, as most legislations see publishing
    such a counterstatement as enough compensation in many cases, and newspapers, or tv reports usually
    do this counterstatement just to get away without a law suit, that may cost a lot of money.

  88. And ... by Hal+The+Computer · · Score: 1

    Yes and this new law (actually directive) dosen't apply to the U.S., it applies to EUROPE! (specifically the EU) It even says so in the title of the article. Sheesh. Nothing wrong with a different country having different laws.

    --

    int main(void){int x=01232;while(malloc(x));return x;}
    1. Re:And ... by CaptainStormfield · · Score: 1

      I'm well aware of that (especially since I read the article both times it was posted!). However, the comment about newspapers was ambiguious as to whether the poster was limiting his comments to Europe or not. I was pointing out that U.S. Newspapers (and for that matter, other US media outlets) are not subject to a right of reply requirement.

      --
      "The dinosaurs died because they didn't have a space program." - Niven
    2. Re:And ... by Hal+The+Computer · · Score: 1

      I guess that is fair enough. I still think that one of you was sort-of off topic then.

      *** HALtheComputer thinks for precisely 0.00162 seconds ***

      Oh wait, this is Slashdot! ;-)

      --

      int main(void){int x=01232;while(malloc(x));return x;}
  89. Bad OSS search engine? Nawww?!?!? by Anonymous Coward · · Score: 0

    That can't be. According to Slashdot, the only creator of bad products is Microsoft. OSS is never flawless. You sir, are a troll, spreading Fucked Up Disinformation. Everyone knows OSS is perfect.

  90. Why aren't there more blogs on Freenet? by Myself · · Score: 1

    Freenet is perfect if you want to avoid this sort of arbitrary rule. Freenet is uncensorable, anonymous, and almost usable! (It's made great improvements lately, and it needs your help to grow.)

    Read about how freenet works (totally distributed) and why it's cool (encryption means you don't even know what's stored on your node), and then run a node! Putter around for a while then publish something. Your political speech belongs on Freenet.

  91. Chilling, Warming, and Memes by Michael.Forman · · Score: 1


    Have you noticed how all proposed legislation that affects personal communications has a "chilling effect"? Sounds like a meme to me.

    Given that this proposal would require rebuttals along with their requisite external link, by the principles of social network theory wouldn't that enhance communication, thus making "warming effect" a more suitable compound adjective? Perhaps the submitter of the article was referring to the fact that, although it aids overall communication, the proposed requirement would be a violation of his personal and intellectual property forcing him to personally give those, with whom he is diametrically opposed, an avenue of communication.

    With that said, here is a link to a person who is in complete disagreement with this post.

    Michael.

    --
    Linux : Mac :: VW : Mercedes
  92. Why chilling? I don't get it... by jordandeamattson · · Score: 3, Interesting

    As I stated in response to the original posting on this topic, I don't see this as chilling. In fact, I see this as encouraging and supporting dialog. This is no different from the old FCC rules, no longer with us, that required TV and radio stations to air responses to editorials.

    In looking at something like this we have to balance the burden of the requirement against the public benefit of it being in place.

    So, what is burden? Well, you would have to have a "letters to the editor" place in your web site, blog, or ezine. From a human factors point of view, you should have an indicator that would call out that a piece has a response to it. In terms of system building and design, this would be trival to add to blogs and web sites.

    What is the benefit? Well, when reading a piece, you get to see the "other side of the story" from the person, persons, or organization which are the subject of the piece.

    From my point of view the minimal burden coupled with the benefit of getting a more complete picture of a situation only equals goodness.

    This brings me to my final point: how, why do people see this as chilling? When has dialog ever been chilling. I believe it was Benjamin Franklin who is reported to have said, "Freedom of the Press belongs to those that own printing presses." Yes, the cost of entry for publishing the internet has dropped. But in some ways the cost of attention has gone up. If you write something about me, I can go and setup a blog and write a response, but I have no way to insure that your audience has the opportunity to see my response. This proposal would give me the opportunity to get my story out. If you are going to call me out by name, shouldn't I - in the sense of fairness - have the opportunity to let put out my story and for folks to know it is there? To have a chance that they will see it and chose to read it?

  93. what if..... by crhylove · · Score: 1

    and imagine if slashdot did this, where anyone could reply to any topic and then be moderated by the other readers in a totally trivial fashion.....

    doh!

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
  94. Reply: Repeat after me. by Adhemar · · Score: 1
    Nice socialist utopia constitution you have there. Free health care for everybody!

    The right to health care doesn't necessarily mean it has to be free. It just means that it has to be affordable.

    It's not utopian. The current situation in most (Western) European countries is pretty good.

    I am sick and tired of hearing your stupid little digs at it.

    I haven't said that the Second Amendment is a bad thing. I can understand it. It's some kind of do-it-yourself right to safety and security.

    All I said is that (to my knowledge) no European country has such a right in its constitution and that I have no problem that.

  95. The right to be heard. by Chad+E+Dirks · · Score: 1

    I support this policy.

    The ethical precept from which this proposal arises seems to be either an obligtion of the reader to consider an opposing account of the facts of a matter, or a right possessed by the individual or entity criticized, to have its account of the facts of a matter considered. A law to bring about the satisfaction of this obligation or the obligations arising from this right might be appropriate if it is the case that without such a law one or more of these obliations will not be sufficiently satisfied or not sufficiently satisfied sufficiently often.

    Do I have an ethical obligation as a reader to consider an opposing account of the facts of a matter? If I do have such an obligation, it may arise perhaps from my status as an intellectual being, or perhaps from my status as a person and as a member of the moral community that desires just treatment of every member by every other member.

    It seems that I do as a reader have such an obligation both to myself and to all other persons. Yet we might wonder whether the publisher of an account of the facts of a matter which constitutes a criticism of an individual or entity has an obligation on these grounds to provide for the satisfaction of my obligation. While it seems that the publisher does have an obligation to exercise due diligence in his or her research and does have an obligation not to knowingly decieve me, it does not seem that the publisher has an obligation to satisfy my obligation to consider an opposing account of the facts of the matter. It does not seem that the publisher is responsible for my own moral faults and shortcomings. It seems, rather, that when the publisher has satisfied the obligations of due diligence and of not knowingly deceiving me, that usually this is the extent of obligations of the publisher.

    However, the publisher may yet have an obligation to publish an opposing account of the facts of a matter if the individual or entity criticized has a right to be heard and it usually befalls the publisher to satisfy the obligations arising from this right of the individual or entity criticized.

    In the event that some entity or individual has been wronged by a publisher publishing a criticism of it, it does seem that in this case the individual or entity has a right to have its opposing account of the facts of the matter heard. However, if the criticism is just, then it seems that the individual or entity has no such right to be heard.

    In cases where the criticism is unjust, can the obligations of the individual or entity that is wronged be satisfied sufficiently and sufficiently often by existing laws, perhaps laws pertaining to slander and libel?

    I believe the answer is that existing laws are not sufficient to this task, and for just the reason that this policy or legislation is being proposed. Most private individuals and small corporate entities, 'the little guys', probably can not afford to pursue a slander or libel case against a wealthy private individual or large corporate entity in the event that the wealthy private individual or large corporate entity wrongs 'the little guy' by publishing an unjust criticism of it.

    Yes, it is true that if I criticize a large corporate entity in print, I may be faced with publishing a large amount of untruthful propaganda containing claims which I do not have access to the resources necessary to research and refute.

    However, I do not believe this would put me at any unfair advantage. If I do not have access to these resources because their origin is either questionable or secretive, then I have strong grounds for urging my readers to be highly suspect of the claims made about which this is true. If, alternatively, I do not have access to these resources because I do not have or am unwilling to take the amount of time that would be required to locate and study these resouces, it does not seem that I have any grounds to claim that I am wronged by being forced to publish the response to my criticism.

    In fact, if the

  96. Proud to be an American? by fenix+down · · Score: 1

    Isn't that illegal yet?

  97. Possibly off-topic by ciphertext · · Score: 1

    but...are you familiar with Alberto-Laszlo Barabasi's book entitled "Linked: The New Science of Networks"? It is quite good.

    --
    To know is to have knowledge....to understand is to be enlightened.
  98. Mod McCullagh flamebait by hibiki_r · · Score: 1

    From the article:

    For better or for worse, Europe lacks a First Amendment and the respect for limited government, private property and free enterprise that America still enjoys.

    I've not read a more blatant troll in months. Freedom of speech is in every EU country's constitution. No member of the EU country lacks private property rights. Loving your country is one thing, but posting blatant lies in a supposedly respectable news source is just disrespecting the intelligence of the readers.

    1. Re:Mod McCullagh flamebait by praksys · · Score: 1

      Freedom of speech is in every EU country's constitution.

      The UK doesn't have a constitution (at least not a writen one) and neither does the EU itself (at least not yet). More importantly no EU country has a constitutional protection of free speech that is as stringient as that found in the US. This is not merely a matter of words contained in constitutional documents (after all the constitution of the former Soviet Union had a clause that protected freedom of the press!) but more a matter of how the history of legal interpretation and practice has played out. Most countries in Europe allow curbs on speech that would be rejected out of hand by courts in the US. The case under discussion is a nice example. It would not even be a metter of controversy in the US because there would be no hope what so ever of such a measure surviving in US courts.

      No member of the EU country lacks private property rights.

      He did not say that they lacked private property entirely. What he said was that EU countries lack the same respect for private propety that is found in the US. As fas as their legal systems go this is true. By world standards private property rights in EU members are reasonably well protected. Even so the protection of private property rights in most EU members falls well short of that found in the US legal system.

    2. Re:Mod McCullagh flamebait by hibiki_r · · Score: 1

      Sure, the EU does not have a constitution because it's still mainly an economical, not a political, organization. All sovereign countries that are members of the EU do not share most of the political entities that a typical constitution defines. It'd be pretty silly for the EU to have a constitution, but it requires all members to follow, IIRC, the charter of human rights.

      I've not read the constitution of every EU member, and I'm pretty sure that neither have you, or mr McCullagh. Thus, claming that the first amendment is "stronger" than anything mentioned in all european's constitution does not seem very beliveable. I have' at least, read the US constitution and Spain's. Both are on the web, although Spain's is just in spanish I'm afraid. However, I invite you to read both and compare them, as I've done. There are other laws outside of each country's constitution that also cover specific cases of free speech that should be noted. In any case, instead of spending hours writing an analysis, I'll just give you a few examples of how freedom of speech in different forms is not any better in the US:

      Right to reply to newspapers is precisely what the EU proposal McCullagh hated so much is about: A webpage is considered mass media, like a newspaper, and every newspaper has to allow equal space to answer to criticism. To me, that's enhancing free speech, not allowing a big media conglomerate to "outshout" the little guy.

      Indecent speech in public broadcasts: There is no such thing as indecent in spanish law.

      One word McCarthyism.

      I hope this is enough to show you that not everything you've learned about other countries in the US school system is accurate. I wish Americans could wake up and work for enhancing their civil rights instead of letting them disappear.

  99. I don't see how you would enforce it... by tkrotchko · · Score: 1

    "if a regulation like this one would exist, you could have the right to get you side of the story on the same site too."

    How would you possibly enforce this? Perhaps NY TImes would have a "response section", but smaller web sites.

    Maybe the laws says they'd have to publish your response, but what if they didn't? You'd have to take them to court again.

    So how does passing another law help here? I just don't see it as anything other than a misguided attempt at thwarting free speech by mandating *fair* speech.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:I don't see how you would enforce it... by Jadrano · · Score: 1

      Yes, of course you'd have to take them to court, but just to demand that they publish the reply, not for some American-style multi-million dollar recompensation claim. Maybe that wouldn't work in the US because US lawyers and courts would make extremely expensive and complicated suits when someone demands that a reply is published, but it does work with European newspapers, and I assume it will also work for the Internet.

  100. Opposite of FREE speech by Anonymous Coward · · Score: 0

    This is a bad attempt at FAIR speech.

    FREE speech is something most Europeans don't agree with. It frightens them.

  101. You get it, but you don't see it by Anonymous Coward · · Score: 0

    Here's what you wrote:

    "What this forces people to write more..."

    Even you admit, this people "forces" people to do something a way that *you* think is good.

    Why not just let people publish what they want on their own web site and let them alone?

    Why does the government have to be involved in every petty dispute.

    You act like a child... "DAAAAAAD! Microsoft called me names! Make them stop!".

    Honestly.

  102. So now... by Anonymous Coward · · Score: 0

    "As long as you keep your criticism civilized,"

    What if I don't want to keep it "civilized".

    What if Corporation X pissed me off and I want to write "Hey, FUCK YOU Corp X. You wives are whores and I hope you all fucking DIE of cancer!"

    I think people should be able to say this on their web site without interference from the government. Its not civil, its not truthful, but its important that people have the right to get pissed off and make comments about public figures and companies without fear of reprisal.

  103. Why does the government need to get involved? by Anonymous Coward · · Score: 0

    "Microsoft can ask you to post their version of the story telling that no baby toes are involved in the production of Windows and only the best quality fertilizer on the market is used."

    How does this help anyone?

    Microsoft has the means already to get their story across. Today, they can simply put on the front page of their web site:

    "Attention: Article saying we used baby toes is incorrect".

    Trust me, that has a bigger impact than john.q.public.website.com telling their own side of the story.

    I don't think you fully understand the implication of what your asking, and I think you underestimate the access large corporations already have to media.

    What you propose is just a windfall to large corporations, and will not help individuals in the least.

  104. Law and order isn't real. Just a TV show by Anonymous Coward · · Score: 0

    I wouldn't rely on a fictional TV show for legal advice.

  105. BZZZT! Wrong by Anonymous Coward · · Score: 0

    "a historical accident because the original US Constitution was deficient in a number of areas."

    BZZZT. Try again.

    The Bill of Rights was approved along with the original consitution, and many felt it should not exist.

    Let me explain why.

    Many (if not most) of the writers of the constituion felt the government had *no power*, except what was specifically stated in the constition.

    Therefore, if the constition said "Government may collect taxes, and keep an Army", then the government had no right to record births, because the constition didn't allow this.

    However, others did not agree and felt that without specific guarantees, inalienable rights would be chipped away.

    Thus, we have habeous corpus mentioned, free speech, right to bear arms, etc etc

    But read the 9th and 10th amendment; you may be shocked at what they say!

    So no, the original constition was not flawed. It was simply a disagreement in philosophy.

    1. Re:BZZZT! Wrong by 73939133 · · Score: 1

      You claim I'm wrong, then you essentially restate what I said: the Constitution was considered incomplete by a majority of people, which is why it was amended in the form of the Bill of Rights.

      The fact that the rights enumerated in the Bill of Rights are not part of the original Constitution is a historical accident. Other nations put the same rights directly into their constitutions. Therefore, the existence of the Bill of Rights as a separate document does not mean that Americans have more protection or rights under the law, it just means that the process by which those protections were codified was more haphazard than elsewhere.

      As for the contents of the Constitution and Bill of Rights, it is an incomplete enumeration of what is considered basic human rights by most nations these days. Far from being ahead of the rest of the world, the US has fallen behind with its Constitution and defense of human rights.

      But, of course, when people like you hear "human rights", they think "international left wing conspiracy", and when they hear "US Constitution", they think "unique document guaranteeing freedoms unparalleled anywhere in the world".

  106. Re: Repeat after me: EC Human Rights by Anonymous Coward · · Score: 0

    It sounds nice, but there is no real enforcement mechanism. Russia continues to grossly abuse human rights in Chechnya and to harrass media outlets which are critical of the government.

  107. is that like by Anonymous Coward · · Score: 0

    Europaen laws didn't apply to yahoo when they had some politically incorrect memorabilia for sale? And about the few people who have been extradited to germany to face politically incorrect speech laws?

    Just give it some time, any big law that can crush peoples use of the internet will be applied universally. The internet genie is out of the bottle, they can't shut it all down, but they are and will continue to pass more and more restrictions and hassles until it's a big international corporate pay per view and that's about it. NONE of the governments out there or their corporate string pullers want "the people" to have much say. they can't do it all at once, so they'll do it one or two restrictions at a time.

    1. Re:is that like by dago · · Score: 1

      "Europaen laws didn't apply to yahoo when they had some politically incorrect memorabilia for sale?

      Yes, they did apply to Yahoo! France, which happened to be a subsidy of Yahoo! (US).

      You know that US laws also applies to european (and other businesses) when they are selling services/goods in the US ?

      (and I'm not even flaming on all extra-territorial US laws applying to extra-US companies making businesses with other non-US countries ooop, too late)

      --
      #include "coucou.h"
  108. socialism? by SHEENmaster · · Score: 1
    Forcing me to let others use my property sounds a lot like socialism!

    The commies are coming!
    • The Communist party of Craplakistan writes:
      We don't appreciate being called commies, you capitalist pig!
    Yay capitalism!
    --
    You can't judge a book by the way it wears its hair.
  109. Just because Reagan said so... by xutopia · · Score: 1
    Has anyone actually read the article? How does this limit free speech?

    Fred Cook was granted ROR by a court of law until Reagan stepped in to protect protect his media friends at WGCB radio station and the conservative bigot who critisized Cook.

    We all know that Reagan did radio for many years (http://search.biography.com/print_record.pl?id=18 719) and we all know that Reagan was conservative. Was he attempting to protect free speech or his friends?

    Now if someone could please explain how exactly that ROR which promotes dialogue reduces free speech? I'd really like to know. Or does ROR only limit the amount of criticism and control the organized media has on what is said on the air?

  110. A new way to distribute DeCSS by i_am_nitrogen · · Score: 1

    Hey, if somebody criticizes you, and they're required to post your rebuttal, you could basically force them to host something like decss if you make it part of your response.

  111. Excellent proposal by Cardbox · · Score: 2, Interesting

    First, remember that the proposal doesn't oblige you to post a reply to your expressions of opinion. Only purported statements of fact. Anyone who's ever been libelled by a large and powerful organization knows how hard it is to get redress: this is a step towards liberating the individual from arbitrary slander and vilification. (When a Sunday newspaper called a friend of mine "A NUTTER" in banner headlines, it took him a year of full-time work to fight the newspaper's lawyers and get compensation).
    Second, the proposal doesn't oblige you to post a reply, anyway. It obliges you to post a link to a reply, and that link can be to the complainant's web site. In fact, it generally ought to be. That's hardly too onerous.
    Now imagine a Web where these things happen as a matter of course. The innocent reader, stumbling on a statement that Coca-Cola have started to put the cocaine back into Coke, or that Hemos is still beating his boyfriend's wives, will see a link to Coca-Cola's or Hemos's rebuttal. And if the rebuttal says something untrue (as opposed to offensive) about the poster, then the poster can demand a link back to his own rebuttal. The lucky Web surfer gets to read a free and interesting debate, all for the price of a few hyperlinks.
    Assuming that we can find a way of authenticating the source of a reply (eg. by registration and digital signatures), I'd like to see this as a standard feature of blogging software. Offended by something untrue in this entry? Click here, enter a URL, and the entry will acquire a SED CONTRA item that points to that URL. No real cost to the blogger, and a richer and more interesting blog for everyone to read.

  112. Americans don't know what free speech is about by Anonymous Coward · · Score: 0

    It seem to me by looking at all the post most of you have no clue what free speech is about.

  113. Big Deal by Tom · · Score: 1

    I have a website.
    I publish "Bob is kissing Alice, he probably just wants to inherit her family fortune."
    Bob demands that I publish his counter-statement and sends it to me.
    I cut and paste it into a footnote, with a preface "counter-statement by Bob:"

    Big deal. Very chilling. I'll make sure to close my website down right away.

    If anything, it's more free speech for Bob, not less for me (I can still say whatever I want to say, can't I?).

    --
    Assorted stuff I do sometimes: Lemuria.org
  114. "Free speech" zealots go too far, once again by greenrd · · Score: 1
    If the article is no longer in a prominent place when the reply is issued then it seems like this proposal would require that either the reply be issued its own prominent place, or that the article be reissued with the reply appended to it. Doesn't seem very reasonable to me.

    It sounds very reasonable to me. If an online publication does a blatant character assassination of someone on their front page, like accusing them of being a rapist or something, they should be forced to put a link to a reply in the same prominent position! Anything less is unfair.

    All this whining is just from free speech zealots who don't agree with people having to take the responsibility of facing up to the consequences of their actions. Grow up and realise that free speech is not absolute. A right of reply (with regard to factual claims) should be a basic human

    The problem is not about a multiplicity of links, but about theoretically endless arguments and counter-arguments. I shouldn't be forced to post and respond to your replies (and have this go on until either one of us decides to give up!).

    Oh please. Cry me a river. If you don't want to continue a conversation, simply shut the fuck up. If you do, accept that the other party has just as much right to reply to correct factual inaccuracies as you do. You can't have your cake and eat it - you can't expect to say things with no consequences.

    It's an unreasonable standard to require people to entertain the unreasonable positions held by another. If I write an article criticizing John Edward (the alleged psychic who was spoofed in a South Park cartoon), why should it be my burden to provide him with a soapbox where he can issue a rebuttal that is designed to promote his own deceptive agenda?

    You shouldn't have to host his comment - only provide a link to it. If you don't want to provide a soapbox for him, you can choose not to say anything. (Or, under this proposal, you could choose not to directly make any factual claims about him. Saying "I believe that his claims are false" should get you off the hook under this proposal, because, as it explicitly states, beliefs are not part of its remit.)

    But God forbid that people be exposed to both sides in a dispute! People can't be allowed to do that - they're simply too stupid to read about both sides of an issue and think for themselves!

    It's funny, I thought that free speech fanatics were the most in favour of "reading about both sides of an issue"... even when it comes to Nazi scum. It seems I was mistaken!

    Or imagine what publishers of articles criticizing creationism would have to go through.

    Nothing - unless they made specific, controversial factual claims about specific creationists. But neither creationism nor God are "natural or legal persons", for legal purposes! So that's not affected.

    But if you say that Creationist X is a wife-beater, then yes, he should have that same right of reply that anyone else has.

  115. Strange objection by goatan · · Score: 1
    Strange that they object to freedom of speech AKA right to reply because it conflicts with freedom of speech. umm is it me or is there something strange there?

    I love the way that one group suggest something and everyones knee starts jerking.

    --
    Saying Apple is better than MS is like saying Botulism is better than rabies.

  116. We invented the WWW! by basingwerk · · Score: 1

    It's a bit rich for this bloke to say that Europeans don't understand the Internet when they invented computers, TV and the World Wide Web (SSEM, HREF="http://www.tvdawn.com/tvhist1.htm#Baird">Bai rd and Berners-Lee , all brits)!

    --
    I stole this .sig
  117. Re:BZZZT! Wrong AGAIN by Anonymous Coward · · Score: 0

    "As for the contents of the Constitution and Bill of Rights, it is an incomplete enumeration of what is considered basic human rights by most nations these days"

    No, most nations think it goes too far, and they water it down with stupid fluffy phrases like "human dignity". As if it could be measured or even described.

    No other country has a first amendment. Frankly, the rest of the world considers the "Marketplace of Ideas" dangerous, because it places too great a reponsibility on people to behave rationally.

    You think I'm lying?

    Go to Germany and try to publish a serious piece on "Why The Nazi's weren't so bad". Or go to France and publish a peace that discusses "The depth of french collaboration with Nazi's during WWII". You can't. Because its against the law. There is no freedom of press because they feel "ordinary" people can't handle freedoms.

    And you know what? They're probably right, but I'd rather take the chance on free men revolting than worry so much about oppressed men having peace.

  118. Major overreaction by gseidman · · Score: 1

    The problem with the proposal has nothing to do with the right of reply, per se. It has to do with the burden on the publisher. If the publisher is required to also verify, edit, and publish all responses, that's a huge burden. If the responder is required to do the editing and publishing, and the original publisher has no responsibility to verify, just to link to the response, it isn't a problem.

    Sure, it means that blogs will have to have a place at the bottom of each entry for response links, but the links can be no more than "response #1" and "response #2." How much of a burden is that, really? How does it suppress free speech to require linking to responders, especially when the original publisher has no obligation to verify that the responses come from any specific party?

  119. CORRECTION by Alsee · · Score: 1

    You were looking at an OLDER draft, not a newer one

    Look here to see the actual modifications made to the draft. Note that the parts limiting it to "professional media" are struck out. It now applies to ALL online media.

    -

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    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  120. Fenchurch [offtopic!] by NaveWeiss · · Score: 1

    Have you noticed you hardly comment in /. articles? All your comments are in other's journals.

    Anyway, I've got a question. In The Hitch Hiker's Guide To The Galaxy TV series, do you get to see Fenchurch (The girl in the cafe) more than once? Do you get to see Arthur with her?

    Hehe.. my sig looks like shit when you're not in UTF-8.

    --
    Slashdot community, please notice: I am looking for a girlfriend.
    Nave H. Weiss
    1. Re:Fenchurch [offtopic!] by jawtheshark · · Score: 1
      Have you noticed you hardly comment in /. articles? All your comments are in other's journals.

      No shit? I know... When at home I only do journals. At work I read the articles, but I have to download them to diskette, then I read them from my workstation. I cannot reply, that is essentially why.

      Uhm...for your question about THHGTTG, I'll need to check out the DVD. I have it lying around, but as far as I remember you only see her very short and Arthur is not around.

      Your sig looks indeed like shit on Mozilla 1.3.1 on OS X

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      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    2. Re:Fenchurch [offtopic!] by NaveWeiss · · Score: 1

      Did you check it? I can ask in another site too...
      Anyway, I'm grateful your PC at work is equipped with a diskette drive. According to their strictness, I'd expect them to block that too.

      --
      Slashdot community, please notice: I am looking for a girlfriend.
      Nave H. Weiss
    3. Re:Fenchurch [offtopic!] by jawtheshark · · Score: 1

      No, I didn't check. I always forget it when I'm over at my parents (who actually own the DVD)
      I am absolutely astonished they allow diskettes. Insane.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)