Slashdot Mirror


EFF Has Outlived Its Usefulness?

An anonymous reader writes "An inflammatory article runs today on The Register, with the title EFF Volunteers to Lose Sony Rootkit Suit. The article argues that the EFF's track record in court is detrimental to everyone with an interest in digital and privacy rights." From the article: "This is a very good cause. Sony installed stealth spyware on many thousands of Windows computers (although calling it a rootkit is an exaggeration), and it's crucial that the company get its bottom spanked quite painfully as a deterrent to its sister cartels in the entertainment racket. This is, in fact, such an important matter that the worst possible development would be to find the EFF arguing the case. That's because EFF will do what it always does: lose, and set a legal precedent beneficial to the entertainment pigopolists. By the time these pale vegetarians get finished, spreading musical malware will be considered a spiritual work of mercy." What do you think? Isn't it better to fight the good fight?

86 of 436 comments (clear)

  1. 'Inflammatory' indeed. by TripMaster+Monkey · · Score: 5, Informative

    After reading this 'article' (and I use the term loosely), one is left wondering if this "Bonhomie Snoutintroff" has an axe to grind against EFF specifically, or if EFF was simply unfortunate enough to present an accessable target for one of "Bonhomie's" mindless rants.

    One thing is for sure...even if "Bonhomie" went by a less ludicrous pen name (honestly..."Bonhomie Snoutintroff"???), and refrained from such pejorative terms as 'pigopolists' and 'pale vegetarians', he still couldn't be taken seriously, due to his gross misrepresentation of the facts. Bonhomie cited six losses by the EFF...visit the EFF's legal victories page, and you'll see several wins that Bonhomie conveniently failed to mention.

    This kind of vapid tripe is pathetic even for the Register's admittedly lax standards. In case there remains any doubt, I leave you with the short bio of "Bonhomie Snoutintroff", which was appended to the 'article' in question:
    Bonhomie Snoutintroff is a plain-spoken strong leader in cyberspace. He did poorly in school but his family is rich and well connected, so he's served as CEO of numerous, well-known Internet ventures that for various reasons unrelated to his forward-looking guidance no longer exist. He developed a cocaine and alcohol problem, although he refuses to dwell on the past: his mission is to bring honor and dignity to the IT profession. His keen insight as a global techno-visionary is matched only by his Christian humility.

    Why the hell isn't this in the 'humor' section....of either site?
    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:'Inflammatory' indeed. by ergo98 · · Score: 5, Insightful

      After reading this 'article' (and I use the term loosely), one is left wondering if this "Bonhomie Snoutintroff" has an axe to grind against EFF specifically, or if EFF was simply unfortunate enough to present an accessable target for one of "Bonhomie's" mindless rants.

      Or maybe it was just a great topic to earn a Slashdot swarm? Writers often have little personally invested in the things they write about. Instead they write what people want to hear, or what they know will get them attention (see John C. Dvorak). I doubt the apparently fake guy has an "axe to grind".

      In any case, even flamebait stories like this often have a grain of truth to them, and if it does inspire some discussion it can be beneficial. For instance there is truth that precedent is extremely important, and it is critical that early cases are argued as effectively as possible.

    2. Re:'Inflammatory' indeed. by gowen · · Score: 5, Funny
      honestly..."Bonhomie Snoutintroff"???
      Don't knock. With a name like that, Bonhomie Snoutintroff is odds on to be the next "Defense Against The Dark Arts" master at Hogwarts...
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    3. Re:'Inflammatory' indeed. by geniusj · · Score: 2, Interesting

      Wow. Good catch. I think that's exactly what they were going for.

    4. Re:'Inflammatory' indeed. by Anonymous Coward · · Score: 3, Interesting

      Um...

      Knowing that I often get fired up by articles like this, I followed the link to the EFF Legal Victories page, to give them a fair chance. While I'm not saying that the cases they've won aren't important, it would be hard to characterize them as anything but slam dunks. I can't give them a whole lot of credit for successfully arguing things like:

      Intel vs. Hamidi -- Intel claims Hamidi's emails 'trespassed on their systems', causing harm.

      Felten vs. RIAA -- RIAA tries to stop scientists publishing a paper.

      DirectTV vs. Treworgy -- DirectTV sued Treworgy for merely purchasing technology capable of intercepting their signals.

      I'm sure anyone who's bothering to read the comments as opposed to just the front page of Slashdot remembers each of these cases. And again, it's not like they're not important, and IANAL (yet) but the cases EFF is trumpeting all seem like they could have been won by someone who had taken a decent civics class in high school. The cases cited as evidence AGAINST EFF were all much more complicated, but many were no less clear-cut... and we lost anyway.

      So the real question is, what do we do?

    5. Re:'Inflammatory' indeed. by thebdj · · Score: 2, Insightful

      due to his gross misrepresentation of the facts. Bonhomie cited six losses by the EFF...visit the EFF's legal victories page, and you'll see several wins that Bonhomie conveniently failed to mention.

      Read the EFF's victories page. They list MGM v. Grokster. Ummm, I think SCOTUS overturning the 9th Circuit's ruling qualifies as a DEFEAT! So without wasting half my day to chase down their other "victories", I believe I will trust the EFF's objectivity about as much as anyone else (not much as all).

      Even if the article is meant as satire, it still raises a good point. Has the EFF outlived its usefullness? When first created it could stand up as a group defending the little guys from the law and big corporations using said law. However, it is quite clear nowadays the EFF is a political group, after all they have tried to effect changes in the law more widespread then their individual cases.

      Isn't the EFF sort of turning into a modern day ACLU. I still know a good many people who cringe when they hear the ACLU is getting involved in a case because their political agenda often effect the way they defend a person and brings with it an image that may affect the decisions of a judge or jury.

      --
      "Some days you just can't get rid of a bomb."
    6. Re:'Inflammatory' indeed. by cpt+kangarooski · · Score: 3, Funny

      Meh. That job has higher turnover (and is only a little bit safer) than being the drummer for Spinal Tap.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:'Inflammatory' indeed. by Drachemorder · · Score: 2, Interesting
      That's the problem I have with the ACLU. I'm completely opposed to them on most of their favorite issues, so I would be disinclined to ask for their help on anything, even something I do think they got right. It's probably not fair to them, but I associate them with the whole range of their positions, good and bad.

      The EFF, on the other hand, stands for essentially one limited set of issues, so it's easier to make a distinction between those issues and others they may or may not agree with.

    8. Re:'Inflammatory' indeed. by passion · · Score: 2, Insightful

      This is obviously a back-handed remark on the awful current occupant of the White House.

      Seriosly, if someone has this as their bio, and is writing this kind of trash about the EFF, then they're obviously trolling. Is sending several thousand hits his way via slashdot the way to reward this kind of trash?

      --
      - passion
    9. Re:'Inflammatory' indeed. by Yonder+Way · · Score: 2, Insightful

      "visit the EFF's legal victories page [eff.org], and you'll see several wins that Bonhomie conveniently failed to mention."

      I'm pro-EFF, but as a matter of full disclosure, it would be nice to have the EFF also maintain a page of legal spankings it took, lessons learned, that sort of thing.

    10. Re:'Inflammatory' indeed. by mspohr · · Score: 4, Insightful
      You're opposed to civil rights for everyone?

      The ACLU supports civil rights. The way "the system" works is that it takes away the civil rights of the most despised (terrorists, etc.) and disenfranchised (poor, underclass) first and most people support these actions since these people are "evil".

      The problem is that once "they" have established the right to take away civil rights, they can come after anyone (even you) if they don't like what you are saying or doing... it's a slippery slope.

      The result is that the ACLU often finds itself defending some pretty odious people on principle. This clearly turns off most conformist people who don't understand the basic prinicples that are being defended.

      The old saying... "I may not agree with what you are saying but I will defend (to the death) your right to say it." (attributed to Voltaire)

      Now if you are a true Republican (American Republican, not of the French Republic), you will disavow this since Voltaire was FRENCH.

      --
      I don't read your sig. Why are you reading mine?
    11. Re:'Inflammatory' indeed. by Rimbo · · Score: 2, Insightful

      The ACLU supports civil rights.

      In theory, yes. They should be supporting the civil rights of everyone.

      They're quick to defend the rights of an artist who has created something that some people find objectionable...provided that it's not a Christian nativity scene on someone's front lawn that non-Christians find objectionable. The ACLU is strangely silent when that happens.

      One of my civil rights as a law-abiding citizen is my right to own a gun. Why do we have the NRA? Because the ACLU doesn't defend this right; we need another organization to pick up the slack.

      The problem isn't their mission, but the selective way they pursue it.

    12. Re:'Inflammatory' indeed. by waynetv · · Score: 3, Informative
      They're quick to defend the rights of an artist who has created something that some people find objectionable...provided that it's not a Christian nativity scene on someone's front lawn that non-Christians find objectionable.

      Actually, the ACLU have defended many Christians (and others) who have been prevented from expressing their religion. That too is a civil liberty.

      Unfortunately, you've been mislead that the ACLU is some religious hating organization -- that's patently false.

    13. Re:'Inflammatory' indeed. by vishbar · · Score: 2, Informative
      --
      Ride the skies
    14. Re:'Inflammatory' indeed. by ChaosDiscord · · Score: 3, Insightful
      They're quick to defend the rights of an artist who has created something that some people find objectionable...provided that it's not a Christian nativity scene on someone's front lawn that non-Christians find objectionable. The ACLU is strangely silent when that happens.

      Oh is it? "September 20, 2005: ACLU of New Jersey joins lawsuit supporting second-grader's right to sing "Awesome God" at a talent show." "December 22, 2004: ACLU of New Jersey successfully defends right of religious expression by jurors." "November 9, 2004: ACLU of Nevada defends a Mormon student who was suspended after wearing a T-shirt with a religious message to school." "August 11, 2004: ACLU of Nebraska defends church facing eviction by the city of Lincoln." "February 21, 2003: ACLU of Massachusetts defends students punished for distributing candy canes with religious messages." "July 11, 2002: ACLU supports right of Iowa students to distribute Christian literature at school." April 17, 2002: In a victory for the Rev. Jerry Falwell and the ACLU of Virginia, a federal judge strikes down a provision of the Virginia Constitution that bans religious organizations from incorporating." "January 18, 2002: ACLU defends Christian church's right to run "anti-Santa" ads in Boston subways."

      Wow, that ACLU sure does turn a blind eye to protecting religion.

      I'm quite sure that if a city specifically shut down a nativity scene on private property that the ACLU would be all over it. (Assuming, of course, that the situation was biased. If the city shut down everything on everyone's lawns, navity scenes and garden gnomes alike, it would be stupid, but legal and fair.)

      One of my civil rights as a law-abiding citizen is my right to own a gun. Why do we have the NRA? Because the ACLU doesn't defend this right; we need another organization to pick up the slack.

      Why do we have an EFF? The ACLU already spends lots of effort fighting for the exact same causes that the EFF does. Ultimately because some peopl prefer to focus in particular areas more than the ACLU does. I suspect the NRA would exist even if the ACLU did defend gun rights.

      On that particular issue, well, yes, the ACLU has a different interpretation of the second amendment. I don't actually agree with their assessment, but they're hardly hostile to gun ownership Unless you found the organization, I doubt you'll find an organization that you entirely agree with. I chose to accept that and support several organizations that work in areas I care about.

  2. What do you think? by waynegoode · · Score: 3, Insightful
    What do you think? Isn't it better to fight the good fight?

    As the article clearly states, the question is not whether to "fight the good fight", but rather, who should fight the good fight. The article isn't inflammatory. It asks the legitimate question of whether the EFF should handle the Sony DRM case.

    1. Re:What do you think? by Anonymous Coward · · Score: 2, Insightful

      Missed the joke, huh?

  3. Ignore theregister by bwd · · Score: 2, Insightful

    I don't know why slashdot posts links to this reactionary tech-tabloid. All they do is troll for hits to their outlandish articles. They rarely have any content of worth, and when they do, it's overshadowed by their poor writing style and use of reactionary language.

  4. Better by peacefinder · · Score: 2, Insightful

    It's better to win the good fight.

    --
    With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
  5. If you have to fight by Colin+Smith · · Score: 3, Insightful

    Fight dirty and fight to win. You use any and every method at your disposal to put the other guy down and make sure he doesn't get back up. There is no honour in fighting, there is no glory. There is no good fight.

    --
    Deleted
    1. Re:If you have to fight by Kenneth+Stephen · · Score: 4, Insightful

      Not to invoke Godwin's law or anything, but if one were to indeed use any means necessary, then the Nazi's didnt really do anything repugnant with the concentration camps. The Japanese didnt do anything wrong with Pearl Harbor. And Saddam Hussein didnt do anything wrong when he gassed the Kurds. And, using your argument, there wouldnt seem to be anything wrong with the actions of the 9/11 bombers either.

      As in all things, there are limits. The ends do not always justify the means because as someone else put it "what good is it if you win the war but lose your soul?".

      --

      There is no such thing as luck. Luck is nothing but an absence of bad luck.

    2. Re:If you have to fight by tom's+a-cold · · Score: 3, Interesting
      There is no honour in fighting, there is no glory. There is no good fight.
      Reminds me of something one of my karate teachers (a wonderful old Cockney gentleman) said to us: "Always fight fair. And by fair fight I mean one in which you don't get hurt."

      With all due respect to the EFF, though, they are fighting a legal rearguard action. The problem is that the legislation they're opposing is meant to be crooked. The courts will ony go so far in opposing the will of Congress and the executive branch. The end goal needs to be repeal of the idiotic laws and regulations that throw away the fundamental rights of the majority in order to keep a dying revenue stream alive a little bit longer.

      And by the way, Snoutintrough is a satirical column.

      --
      Get your teeth into a small slice: the cake of liberty
  6. The Cream Gang by minginqunt · · Score: 5, Interesting

    A friend, with my cajoling, [The 'Cream Gang'] recently wrote an article similar to this recently, regarding attending an abortive and mostly useless launch of the UK's EFF equivalent, the Open Rights Group.

    Our findings, here:

    Open Rights Group Launch

    Open Rights Shites

    This evening, Coxall, Levine and I attended an open meeting of the Open Rights Group, a new UK organisation set in the mould of the EFF. I wasn't expecting the earth to move for me: we've attended too many of these little geek/numeeja run yack-shacks to hope for anything particularly productive to emerge. This evening did its least to confound me.

    It was held in a basement in Soho named Zero-One. I say basement, but, naturally, one is encouraged to term it a "creative space". Said "creative space" was filled with geeks and numeedjas, as well as a scattering of lawyer-types and Earnest Young Men. Overwhelmingly men, of course, the few women who were there either freaks, sociologists or serving the free cheese and wine. Hey - don't shoot the messenger. A few chairs encircled the basement, but the main floor was bare, to encourage crouching and cross-legged encampment. Oh dear. This was all going to be "inclusive and discursive", wasn't it?

    Oh dear, indeed: the manageress of the "creative space" started proceedings. Her introduction was little more than an ad for her basement. She then brought on an ex hack, who spouted some trivial nonsense or other, and was excited by the prospect of setting up ever more "wikis" and "blogs". She, in turn, brought on a jargon-clappy professional "meeting facilitator/consultant". This was going to be "fun".

    The evening was to commence with a little talk from some Oxford chap or other, followed by a free-fall clustered discussion, in which each cluster was to be provided with its own sticky wall-covering on which to paste their mindstormingly written postcards.

    The Oxford nonentity informed us that the Internet was somewhat marvellous, and, gosh, lots of interesting things might become of it soon, what ho, and it's not just paedophilia and terrorists. The poor fellow seemed trapped in 1994.

    The Management Consultant Facilitator then spouted some jargon, and asked the floor for ideas for the discussion clusters. The Earnest Young Men pontificated their banalities. The geeks obsessed about some yawnful minutia. And Coxall suggested we discuss how to win over the "unhosed stupid masses". Yes, that is the phrase he used and, yes, the reaction from this righton bunch of whitebread nonces was predictable. "Maybe if you stopped patronising them like that..." was the immediate response from one of the Earnest Young Men on the floor.

    Thence began the multiple clustering. Levine, Coxall and I have attended so many of these nascent talking shops now that we decided to skip with the usual niceties and begin some good old Trotskyite agitation. We argued that trying to interest people in the potential problems of overreaching anti-privacy legislation, or draconian Intellectual Property laws and the restrictive technologies therefor, was a lost cause. The "unhosed masses" wouldn't care about these philosophical crampings until they felt the constrictive banding themselves, in their every day lives. We argued for the inculcation of popular anger: to that end, a little DRM here, a little copyright overextension there wasn't enough. We decided that, rather than allow creative society to die the death by a thousand cuts that is its inevitable fate in a world dominated by multi-billion dollar "content" oligarchies, we should use these monoliths' huge power and budgets to subvert themselves from within, to the point where their overreaching hubris could lead to genuine polltax-riot intensity anger, and Berlin-wall-sized dismantlement.

    Rather than fiddle with legislation to make it slightly less bad, then, or to try to temper corporate excesses with the few thrown crumbs of compromise, a smartly utilitarian organisati

    1. Re:The Cream Gang by Omnifarious · · Score: 2, Insightful

      While I tend to agree with the person who started their post "Nice, another word-wanker.", I also agree with the general point of yours. Personally, I wouldn't have started in your camp in that meeting, but I would've ended up there because I think you're right.

      This isn't a fight where a comprimise will leave anybody in a good position. This is one where we have to win in the long run. I think your strategy is the only viable one I've heard that has a chance of accomplishing that.

  7. About the Author by Nom+du+Keyboard · · Score: 2, Funny

    Be sure to read about the author at the end of the second page. Makes me want to go check my calendar. Awful cold outside for April.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  8. Actually I agree by rAiNsT0rm · · Score: 3, Interesting

    I have been saying this for years, and each time I am flamed to a crisp for even daring to question the EEF. They are a very well-meaning group, and I commend their attempts to take on big corporations and touchy suits... but the fact remains that if precedents are being set here and against us due to young/inexperienced lawyers we are just shooting ourselves in the foot.

    I think an organization LIKE the EEF is a good thing but needs to be structured in a different way, with more specialized and successful lawyers backing it.

    --
    http://teasphere.wordpress.com - A little spot of tea
    1. Re:Actually I agree by terrymr · · Score: 2, Informative

      Trial court verdicts don't establish precedent ... only a reported appeals court case does that.

  9. Ok, then who? by failrate · · Score: 2, Interesting

    If not the EFF, who else is willing to take up the fight?

    --
    Voodoo Girl is the bomb!
  10. A very interesting article... by kahei · · Score: 3, Funny

    ...is what I thought this might be. I thought it might be a deep and timely inquiry into how the legal battles of the new era can be fought effectively when it falls to amateurs and part-timers to fight them.

    But then I noticed it was in The Register! Haw! You guys got me good!

    --
    Whence? Hence. Whither? Thither.
  11. Pale Vegetarians? by StefanJ · · Score: 4, Funny

    I have it on good authority that EFF co-founder John Perry Barlow hunts elk with a obsidian spear, and eats the livers of his prey while still warm and dripping in blood.

    Cory Doctorow is said to stalk, kill, and eat emus during his frequent, clandestine trips to Australia.

    The only vegetables served in the cafeterias of the EFF Tower -- formerly the Transamerica Pyramid -- are potatoes and a bit of parsely, and only to accompany great the rare steaks favored by the employees.

    "Pale vegetarians?" Fah!

  12. EFF has excellent legal talent by karl.auerbach · · Score: 5, Informative

    I've worked with EFF's legal folks and they are very, very good.

    And when we went to court, we won.

    1. Re:EFF has excellent legal talent by chip+rosenthal · · Score: 4, Informative

      When I was threatened by a reverse domain hijacking, the EFF provided reference to a lawyer who helped with my case. We won, and I've been told my case has established precedent. As a result of my case, a company cannot try to steal a domain by filing a lawsuit in a distant state.

      I'm grateful for the support of the EFF.

    2. Re:EFF has excellent legal talent by karl.auerbach · · Score: 2, Insightful

      I have met many of the lawyers on the "other side" (e.g. at MGM, Disney, etc), and yes, they also have plenty of legal smarts. But EFF has an amazing pool of talent that, were they on the other side, would be the envy of many huge law firms. (I'm an attorney myself so I'm not just looking at this with an uneducated eye.)

      You are right in that these cases are expensive and that EFF's purse is rather smaller than those of the media companies. From my observation the difference between EFF and the big firms/media companies is how much legal grunt work they can handle - the critical moments of brillance of the great lawyers at EFF (and also at the media companies - they are not all monsters) are relatively few and far between when measured against the droll masses of the pleadings, discovery, fact checking, and all of the minutae that makes much of law expensive (and often boring.) Yes, the big firms have an advantage when it comes to the the dross of the law, but in my observation, that advantage is gone when it comes to the core aspects of framing a case and finding and articulating the core issues and rationales for the judge.

  13. Obligatory Response by hahiss · · Score: 2, Insightful


    So, what, all the IANAL-posters on slashdot should now do this work?

    Insert obligatory Lionel Hutz quotes .

    I mean, this is clearly one of those places where those who don't like the EFF could step up and, you know, hire some lawyers (presumably ones they think are good) and fight the good fight.

    But, of course, that takes more energy than posting nasty things on Slashdot . . . .

    Player haters, one and all.

    --
    "Every decent man is ashamed of the government he lives under." - H.L. Mencken
  14. humorless prigs by rodentia · · Score: 5, Insightful


    Cultures not dominated by humorless prigs and literalists don't require flags to signal humor.

    This particular form is called satire and is widely used to call attention to self-importance or arrogance.

    --
    illegitimii non ingravare
    1. Re:humorless prigs by Dun+Malg · · Score: 3, Insightful
      Cultures not dominated by humorless prigs and literalists don't require flags to signal humor. This particular form is called satire and is widely used to call attention to self-importance or arrogance.

      The trouble with many brits is that while they understand the basic concept of traditional dry british humor, they almost always do it badly. They mistake deadpan delivery of random combinations of weak sarcasm and patent absurdity for wit. They then claim the audience is too low-brow to catch the subtlety of the humor, when in reality it's just not particularly funny.

      --
      If a job's not worth doing, it's not worth doing right.
    2. Re:humorless prigs by mellon · · Score: 3, Funny

      I dunno, mate, I thought it was pretty funny, and I'm a pale vegetarian myself.

      Well, actually, not so pale. Arizona sun and all, eh?

    3. Re:humorless prigs by FurryFeet · · Score: 4, Funny

      The trouble with many brits is that while they understand the basic concept of traditional dry british humor, they almost always do it badly. They mistake deadpan delivery of random combinations of weak sarcasm and patent absurdity for wit. They then claim the audience is too low-brow to catch the subtlety of the humor, when in reality it's just not particularly funny.

      The thing is, it's terribly hard to transmit subtle irony in writing. For example, I'm torn in trying to decide wheter you are rationally dissecting the flaws in British humour or you are deadpanly delivering random combinations of weak sarcasm and patent absurdity.

      I guess that if you reply and claim that I'm too lowbrow to catch the subtlety of your humor, we'll know.

    4. Re:humorless prigs by Pantero+Blanco · · Score: 2

      "The thing is, it's terribly hard to transmit subtle irony in writing."

      No, it isn't! Are you being sarcastic?

      =D

    5. Re:humorless prigs by AKAImBatman · · Score: 2, Interesting

      I don't know if anyone's noticed, but a LOT of American television is being produced out of Canada these days. Personally, that doesn't concern me in the slightest. As long as Canada keeps producing such great shows as Stargate and Red Green, I'll be happy to let them take the lead for all of North America. :-)

  15. Total garbage by Calibax · · Score: 2, Insightful

    It's difficult to take seriously any article written under the byline "Bonhomie Snoutintroff".

    The Register is a British publication, and it's very likely the author is British also - the author's bio doesn't state his nationality. I guess this Brit feels he (or she) is a really good judge of American lawyers and the American legal system, and this places him in a good position to comment meaningfully on the merits of the actions taken by the EFF. (How many American journalists have an intimate understanding of the British courts, sufficient to write about British legal practice?)

    The author also seems to be privy to the inner workings of the EFF and feels qualified to judge the merits of each case cited in the article. Or possibly he has some sort of axe to grind. It's hard to know where to start correcting his comments, and frankly it isn't worth it taking the time.

    The article is a piece of garbage and fully worthy of being published in the Register.

  16. Re:Crucial? by Chirs · · Score: 2, Interesting

    No, what's crucial is that companies get the message that what Sony did was *ILLEGAL*.

    There should be prison time for whoever decided it was a good idea to install a rootkit on their customers' computers. The company should be deemed criminally negligent and be forced to pay all reasonable costs (IT expenses, consultant fees, etc.) as well as punitive damages to all individuals who bought a CD and own a computer.

    Make it stick so that other companies won't be tempted to do the same thing.

    People go to jail for lesser crimes, Sony execs should be held accountable.

  17. Re:Sounds pretty damning. What have they won? by meisenst · · Score: 3, Informative

    See the EFF's legal victories page.

    There are some fairly important legal victories on that page. It is simply a case, it seems, of harping on the EFF for their failures without recognizing that they're human, and they lose cases. They also win cases.

    --
    Green's Law of Debate: Anything is possible if you don't know what you're talking about.
  18. Precidents like... by SuperKendall · · Score: 5, Insightful

    ...but the fact remains that if precedents are being set here...

    You mean Precidents like These? Or lobbying efforts like getting rid of the broadcast flag?

    Should any organization be required to win 100% of its legal battles (on behalf of the public I might add) in order to gain support? I don't think setting an impossible standard is a helpful guide for deciding what organizations to support.

    The EFF has been fairly effective in legal matters, and even more effective in educational areas like lobbying. AS that is the key to a better future (better to never have a bad law passed than to fight it latre through the courts) it is important to support the EFF as they are pretty much the ONLY group that understands the deep technological chasms laws can veer into. Are you honestly going to trust the ACLU to handle stuff like P2P?

    For those who see the value in having an organization fighting for technical rights, you can donate to the EFF here. I donate every year and really all of us in the technical field should feel ashamed if we are not supporting the people that brought down things like the broadcast flag.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  19. I dunno by paranode · · Score: 3, Insightful

    Is it better just to fight the good fight? Not if you are a poor fighter. In the legal arena, these rulings stick and we get the precedents in favor of RIAA/MPAA/Sony/etc. If the EFF has such a poor track record, maybe they should stick to lobbying and let the ACLU or state governments (like Texas and others) do the suing. It doesn't do us a whole lot of good if our battles are lost because the representation is poor, but it can do us harm.

    1. Re:I dunno by delong · · Score: 2, Insightful

      It doesn't do us a whole lot of good if our battles are lost because the representation is poor, but it can do us harm

      Which is exactly the philosophy of the ACLU, btw. It should be the philosophy of any good attorney. Foolishly jumping into the fray "for the good fight" is a good way down the road to a phyric victory. Losing sets precedents, and the legal system does not give "A"s for "Effort".

    2. Re:I dunno by IAmTheDave · · Score: 4, Insightful

      Not if you are a poor fighter. This is hard to get my head around. Is the EFF bad? How many times have friend-of-the-court briefs been filed by hundreds of agencies supporting the EFF, and yet no matter how much support they have, no matter how logical their argument, the courts side with big business.

      Is this the EFF losing, or is this just corruption of the courts?

      --
      Excuse my speling.
      Making The Bar Project
    3. Re:I dunno by Dunkirk · · Score: 2, Insightful
      Is this the EFF losing, or is this just corruption of the courts?


      You have completely missed the point. The courts are upholding LAWS. Laws that have gotten passed at the behest of big business in CONGRESS. You want different outcomes on this sort of stuff (q.v. "broadcast flag"), vote for different people, lobby Congress yourself, take out some advertising, start a grassroots campaign... The options are varied depending on your commitment to change.

      Me? I just live without. But I'd be doing that anyway. In my opinion, "big media" can KEEP the stupid tripe they try to monopolistically shove down our throats.

      --
      Acts 17:28, "For in Him we live, and move, and have our being."
    4. Re:I dunno by einhverfr · · Score: 5, Insightful

      IANAL, so take this with an appropriate amount of salt.

      Often the battles for our rights are far more subtle than they appear. These center around what evidence is admissable before the court, on what basis one can be found guilty for violating laws, and on what basis one can be found liable for damages. It is in these areas that the meat and substance of a precident lie.

      For example, in the Betamax case, the court ruled that it was insufficient to argue that because Sony knew that the Betamax VCR's could be used to violate copyrights when arguing that Sony should be held liable for damages caused by users of the product. This isn't really surprising. Just because a hardware company knows that, say, a hammer could be used for various types of illegal activity up to and including murder, one would not really consider holding them liable for wrongful death damages on that basis alone (and appeals courts have releatedly upheld the same standard for gun manufacturers too). In essence, the court said in Betamax that if a product has substantive legal uses, then knowledge of potential or actual illegal uses is insufficient to hold the manufacturer responsible.

      In Grokster, the court looked at whether a manufacturer (under Betamax) could be held liable on grounds other than those covered in Betamax. I.e. if Betamax created a shield that would allow for activities conducted in bad faith to be legally protected. SCOTUS concluded that Betamax only protected the acts of engineering, manufacturing, and distributing the technology, and that arguments could be made about whether the purpose of the company or the product was specifically to facilitate copyright infringement regardless or substantive legal uses. In other words, if you make P2P software, that doesn't make you liable, but if you advertise it saying "Download any songs you want" then that advertisement itself might make one liable. This distinction is a critical one and, in many ways, it upholds the substantive protections we have had under the Sony/Betamax precident (Breyer's concurring opinion is probably most eloquent in this regard).

      Lets take another example that is not in the domain of the EFF: Jose Padilla. This is a man who was (arguably illegally) imprisoned without trial, access to a lawyer, etc. for three years and has finally been indicted on charges that are fairly minor compared to what he has been accused of doing by our government. Now, I don't really care whether he wins or loses his case. Indeed I hope that in the end justice is served. However, I think that the Supreme Court needs to rule on the legality of Padilla's imprisonment for a number of reasons including what evidence might be allowable at trial and whether the government might have an incentive to undertake similar steps against others in the future. In essence the danger posed by someone like Padilla is far less than the danger posed by an Executive that has freed itself from judicial oversight. In other words, whether Padilla wins or loses, the rules decided in this case may be around for a while, so it is important that we reinforce the protections that we have against arbitrary imprisonment.

      In essence, I don't believe that the EFF is doing a bad job. There are a few cases that have gone badly (most notably the 2600 case) but in general, they seem to be doing a good job. I say, "Keep up the good work!"

      --

      LedgerSMB: Open source Accounting/ERP
  20. Well....if you don't like the article.... by LordPhantom · · Score: 2, Informative

    .... Tell Him So

    Of course, RTFA before you do. Not that he'll probably be able to tell ;)

    However, I'm unsure of how/why this is news for us exactly. Great discussion question, perhaps, but do we really want a guy by the name of Bonhomie Snoutintroff to be the one creating ripples in the tech community ;) .

  21. I refer you to some EFF propaganda by David+Price · · Score: 5, Informative
    Disclaimer: I am a former EFF intern.

    I won't try to argue here, but I will suggest, in the interest of balance, that you check out EFF's list of legal victories.

  22. What happened to The Register? by zerblat · · Score: 2, Insightful
    Seriously. While they've always been a bit sensationalistic and required quite a few grains of salt, they used to be at least semi-interesting, and occationally at least somewhat funny.

    Nowadays, all their articles seem to be written by brainless trolls.

    --
    Please alter my pants as fashion dictates.
  23. It's funny -- laugh by hcg50a · · Score: 3, Insightful

    The "article" cited by the paranoiac submitter is an opinion piece, and it is rife with humor, starting with the author's name. The submitter (and a lot of readers here) are taking this opinion piece way too seriously.

    --
    HCG 50a = 2MASX J11170638+5455016
    11h17m06.4s +54d55m02s
  24. Anagram by UESMark · · Score: 2, Funny

    I really don't have the energy to pore through the results of an anagram finder, but Bonhomie Snoutintroff seems to me to be an obvious anagram with "eff" in it. --mark

    1. Re:Anagram by iwrasahp · · Score: 2, Informative

      Sure does. A few other things to consider:
      1) Another of his/her articles which was equally entertaining
      2) The initials B.S... how appropriate.
      3) Gotta love the bio at the end of the article

  25. Re:Sounds pretty damning. What have they won? by fuzzy12345 · · Score: 2, Insightful
    It is simply a case, it seems, of harping on the EFF for their failures without recognizing that they're human, and they lose cases.

    These cases of the EFF's aren't like a football league where they've signed up to play every week and they consequently have to play every opponent. In choosing which cases to defend (and put their imprimateur on) they are in position to research the facts, the law and the judicial record of the panel they'll be arguing before. With all that info, one would expect their record to be significantly better than 50%, unless they're blowing it.

    --

    Everybody's a libertarian 'till their neighbour's becomes a crack house.
  26. Instead of whining about it... by YouHaveSnail · · Score: 4, Insightful

    ...maybe we should all actually do something to help. There are lots of ways to help. Groklaw is a pretty good model for how to get the word out in a clear way and really motivate people.

    It wouldn't hurt to help the EFF out with a donation in this holiday giving season. If the EFF is losing cases that it ought to be winning, I don't imagine that it's for lack of a clue. It's probably just outgunned by the huge, deep-pocketted corporations and industry associations that it takes on. EFF and ACLU seem like the two best organized outfits that are standing up for our rights, so search your sofa for loose change and help 'em both out.

    And although it sounds tired, it never hurts to let your elected representatives know what you think. If they hear from enough of us, they really will do something about it.

    1. Re:Instead of whining about it... by torokun · · Score: 2, Interesting


      I don't think the problem is that they're losing cases they ought to be winning, but rather that they're taking (too many?) cases that they are going to lose.

      The ACLU has the same problem. Maybe they want to be seen as filers of frivolous baseless suits, but to many of us, many of the suits both groups pursue seem to have this flavor - pie in the sky...

      If they just took a few less unrealistic positions, I think they'd convince a lot more people that they're trying to do the right thing rather than just the 'left' thing. ;)

  27. April 1st already? by pla · · Score: 2, Insightful

    although calling it a rootkit is an exaggeration

    Exaggeration? It modifies the behavior of the OS at the lowest level possible for anyone outside Microsoft, for the purpose of hiding files and processes performing whatever Sony wants. It allows activity below the level of any user environment, thus allowing for what amounts to the ultimate in "privelage escalation". What do you call a rootkit, if not that?


    beneficial to the entertainment pigopolists

    Puh-lease. I loathe the RIAA et al as much as the next geek, but save the name-calling for the discussion. FPs should at least pretend to have some objectivity. If I still believed in Slashdot Editors (you know, like Santa and the Tooth Fairy), I would say they should never have let this one through.

  28. They listed the worst possible cases... by butters+the+odd · · Score: 2, Informative

    I don't know about everyone else, but looking through the list of cases they show that the EFF has lost, I don't think any of them were winnable. They all seem to be cases where they have challenged a law or prior judicial ruling and went in knowing the chances of winning the case were slim. I'm just glad that there are people out there who will take on the big companies even if it is hopeless.

  29. US judges don't like to make political decisions by StevenMaurer · · Score: 2, Insightful

    A failure of many people in the European left is that they try to use politically motivated judges and commissions when they lose in the court of public opinion. Americans don't think highly of the practice, because it is essentially anti-democratic. US judges don't think much of the practice because they know that their only inherent power comes from the respect of the people - a power they'd quickly lose if they became viewed as politicans in judicial robes. Of course, this has already happened in Europe and the UN, which is why they're dominated by toothless judges and commissions that everyone but their political allies ignore.

    The EFF's weakness isn't that they lose. It's that they fight cases they shouldn't. You want to structure things so that even if you lose in the court because the law's wrong, the publicity is positive so that you can go to the people to make the law right. Never take a case that detracts from your credibility.

    Case in point: Mr. "Bonhomie Snoutintroff" whines that the EFF won't be able to get a US judge to rule that anonymous travel on eminently hijackable aircraft is a fundamental right. Well, duh. In the face of worldwide terrorism, NO ONE could do that. It's settled law that aircraft travel is not treated the same as walking down the street (which is why the government can legally search you prior to boarding). The real question is why did the EFF take this up at all? Is there no better place to spend their energies?

    Pick your fights, EFF. Pick your fights.

  30. I think he missed some research by bakreule · · Score: 2, Insightful
    They also defended 2600 publisher Eric Corely, who was barred from posting or linking to the DeCSS DVD descrambling utility of "DVD Jon" fame, and they lost.

    Umm, please correct me if I'm wrong, but didn't the case eventually get thrown out? Or, to put it more precisely, didn't the MPAA give up because they knew the cat was out of the bag? Isn't he know free, and writing lots of other interesting stuff?

    Indeed, there is no good reason why anyone should not be permitted to travel incognito, and many good reasons why one should. This is a case that can, and should, be won. Surely, only an EFF principal could blow this one, yet blow it he did.

    What? This is the absolute worst environment to be trying this kind of case. We have a "war on terror", and this guy thinks a case involving NOT identifying oneself while boarding a plane is a good idea that "should" be won? This guy is nuts...

    I have no idea about the EFF's track record, but this guy seems to be wildly off....

    --

    Buses stop at a bus station
    Trains stop at a train station
    On my desk there's a workstation....

    1. Re:I think he missed some research by JSBiff · · Score: 2, Interesting

      Well, if you read farther in the article, he suggests that incongito travellers *should* be searched thouroughly (and their baggage) to ensure they aren't a threat. As long as you know they aren't a threat, the reasoning goes, why do you care who they are?

      This is one of those things that I, personally, could go either way on. Does it really hurt public safety if unidentified passengers are on a flight? Maybe - I don't know, I'm not an expert in this kind of thing. But it does seem like, if someone is willing to go through a more thourough and invasive check, in order to remain anonymous, that they should be allowed.

      I'm not that old, but I'm old enough to remember the Cold War rhetoric about how the Soviet Union restricted travel throughout it's territories/member states, with many border checkpoints and things, and how the USA was so much better because you could freely travel, without having to always stop and identify yourself, and how this was an example of American Freedom. How the Soviet Union was an invasive Police State. Well, while you can still travel by car relatively freely, any time you get on a plane, you MUST identify yourself.

      As long as it can be demonstrated that you have no weapons/exlplosives/biological weapons, etc, and are just a normal, harmless traveller, why should you have to identify yourself as a matter of Federal Law? Now, the argument also could go that as long as the airlines want you to identify yourself, since the airplane is their private property, you have to do so, or else forfeit the privelege of flying on that plane. I would be more comfortable with airlines that require identification, than having it mandated by Federal Law, and more comfortable if the airlines had to protect my identity unless due process (subpeonas/warrants) was followed to get that info from them.

    2. Re:I think he missed some research by sakusha · · Score: 2, Informative
      Umm, please correct me if I'm wrong, but didn't the case eventually get thrown out? Or, to put it more precisely, didn't the MPAA give up because they knew the cat was out of the bag?

      OK. You're wrong. Corely lost all the way up to the 2nd District Court of Appeals, the last step before the Supreme Court. He did not appeal to SCOTUS, the EFF even has a press release on their site announcing they gave up.
      At least the PLAINTIFF knew when he was beaten, unlike the EFF.
  31. story as old as time by circletimessquare · · Score: 4, Insightful

    well meaning idealism doesn't work in the real world

    pragmatism does, and you don't have to sacrifice any of your ideals to be pragmatic about how to work them. in other words, you don't sacrifice your principles by playing them correctly, it's an unfounded fear that by playing it any other way except straight you are somehow sacrificing your ideals. this is not a cynical observation, it's a tactical one

    the ivory tower approach to life may well make you feel smug and superior in life, but it doesn't help with a messy struggle in the mud. you don't lose when you go the idealistic route, you just wind up not playing the game, and becoming irrelevant to the causes you care about

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  32. The EFF should have won... by 91degrees · · Score: 2, Interesting

    The DeCSS case: Why did nobody anywhere think to point out that encrypting a file does not prevent it from ebing copied.

    The Sonny Bone law challenge: This was just naive. Of course the court isn't going to make a decision that will make the entire media industry's assets worthless. Lessig should have included the argument that 99% of media profits would not be affected if copyright was rolled back to 14 years.

  33. Newmark suit (ReplayTV) by eggboard · · Score: 3, Informative

    First, EFF doesn't always lose. That's a gross mischaracterization of their efforts.

    Second, sometimes losing is the only way to cast in stark relief deep efforts by companies to hide what they're doing. This will (eventually) produce a change only if citizens want their rights back and elect folks who campaign (however cynically) on that matter. It's not important to constituents on the whole yet. Hollywood's contributions are laughably small in the scale of things.

    Third, the Newmark v. lawsuit that I was part of to preserve consumer rights in the ReplayTV lawsuit, established a precedent even though we didn't "win." The suit was eventually settled by ReplayTV's buyer (the company that bought the product line out of bankruptcy of the parent firm), but the judge in the case allowed us as consumers to join a lawsuit in which consumer rights were threatened. Thank you, EFF.

    --
    Freelance tech journalist for the Economist, MIT Technology Review, Macworld, and others
  34. There are several suits proceding by sacrilicious · · Score: 2, Informative
    If not the EFF, who else is willing to take up the fight?

    Last I heard, state AG's for Massachussetts, Texas, and California were all lining up their own suits as well.

    Doesn't mean the EFF shouldn't also be in the crowd though. The more the better.

    --
    - First they ignore you, then they laugh at you, then ???, then profit.
  35. Difficult to argue policy by Kevbo · · Score: 5, Insightful

    For the most part, the EFF argues policy when they go before the judge. It is very difficult to take the stance that EFF does and say, to this effect: "Even though Eric Corley/Grokster/etc violated the statute, it does not stand to reason that this party should be at fault because the very nature of the statute is wrong." Or something to that effect.

    The EFF takes the most difficult side and tries to prevail. Even if they are not successful in the courts, they are certainly successful at raising awareness. Furthermore, there is no "public defender" for copyright cases. If you violate someone's copyright, you are paying for your own lawyer. The ACLU is not going to jump in, so your only chance at a defense is to spend out-of-pocket, or get an organization like the EFF to back you up. Even if you do pay money for a lawyer, much of his work has been done by the EFF, which results in lower fees for the client

    I do not think the EFF has outlived its usefulness.

    --
    In Vino Veritas
  36. MGM v. Grokster by einhverfr · · Score: 4, Insightful

    I read the SCOTUS opinion. The EFF might have argued for the losing side, but SCOTUS did let the Betamax precident stand, and even declined to further limit it. Please take what I write with a bit of salt, for IANAL.

    What SCOTUS said was that Betamax (AKA Sony) was not a carte blanche to facilitate copyright infringement, and that actions taken outside the realm of actual.technology are legitimate targets. In other words, technology per se is off the table provided that it satisfies Sony (the precident, not the company). However, if I sell photocopiers and say "Buy my photocopiers! They are great to copy books with," then I may have stepped over the line.

    In many very important ways, the technology community won a number of important victories in the Grokster case, and the media companies were given an arguably fair system, and this is likely to help forestall the next wave of media-bought acts (for example, keeping the INDUCE act from being reintroduced).

    --

    LedgerSMB: Open source Accounting/ERP
  37. And that's why Trotskites suck. by Ungrounded+Lightning · · Score: 4, Insightful

    Congratulations. You've just given us a graphic demonstration of why Trotskites suck.

    Promote more of the very thing you hate in order to make the people hurt enough to drive them into revolt? Look at what happened with your own example, prohibition.

    The temperance movement got a ban on liquor - a recreational drug with significant downsides. Net effect was to make it more popular and fund the development of organized crime, the BATF, and self-defense bans in the US.

    After a decade of horrendous body counts and far larger counts of people injured by adulterated product and gang violence, public pressure finally got the law repealed. But the dead were still dead, the crippled were still crippled, and organized crime is still with us - along with the out of control bureaucracies, which were converted to drug (starting with marijuana) and firearms law enforcement rather than disbanded.

    The harm continues, and escalates, to this day, with urban drug gangs and violence, RICOing of drug users' assets, and such debacles as Waco and Ruby Ridge.

    All this over the freedom to have a little drink when you party.

    Yet you advocate repeating this DELIBERATELY as your solution to restrictions on information technology? A decade of war - or more, since that technology is the main tool of resistance?

    Then there's the other thing such groups do: Disrupt any tyranny-resistance organization that isn't doing things THEIR way, in order to take it over if it can be, destroy it if not. Here we have the first meeting of such an organization, and (as is usual for first meetings) it has a lot of disorganization and a heavy sprinkling of well-meaning flakes among the activists. These things generally get sorted out quickly, if proceedings aren't disrupted. So what do you do? When they don't instantly do things your way, you disrupt them.

    Congratulations. Maybe you killed it. Maybe you just made it less responsive to popular input. But you certainly aren't getting the problem solved.

    Unless the problem is Trotskyites - and other, similar, communist/socialist factions.

    That problem you're putting right in people's faces, so they can see what you are.

    Back in the '60s we had a saying: "Trots are a case of the slow runs." Thanks for showing us it's true in the naughties as well.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  38. No money in education by Tony · · Score: 2, Informative

    In other words, solve the problem by throwing money at it. Just look at what all that extra $$$ has done for our public education system.

    This is satire, right?

    If you are talking about the United States, we hardly spend any money at all on education, comparatively-speaking.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:No money in education by Trolling4Columbine · · Score: 2, Informative

      Then why are we 4th in spending dollars-per-student? It seems that a lot of other countries are doing just fine with less.

      --
      Socialism: A feeling of discontent and resentment caused by a desire for the possessions or qualities of another.
  39. Article's comment on Gilmore is wrong by whoever57 · · Score: 4, Informative
    his unreasonable demand that he not be subject to any security measures, like a bag search and a pat down,
    According to this article he accepted physical security measures in order to board an aircraft. Gilmore has a valid point: identity checks don't make us any more secure. The 9/11 hijackers all had (or had access to) documents that would have passed identity checks. On the other hand, physical security checks can be linked quite closely to security of the aircraft.
    --
    The real "Libtards" are the Libertarians!
  40. Not precedent by www.sorehands.com · · Score: 2, Informative
    Usually rulings do not set precedent until an appeals court rules on them. But, if there is a ruling in a case, Collateral Estoppelapplies to the parties in the case. If the EFF brings a case and wins, if it a good win.

    Even when they loose, they win. They bring the issue to light. If you don't like how they handle a case, then you take the case over or hire a lawyer to take the case over.

    This applies to doctors, lawyers, fighters, etc. If you only take easy cases, you can always win. If Mike Tyson only fights drunks at the local bar, he will always win. If you only take hard cases, you may lose more than you win.

  41. William F. Buckley Jr. was defended by the ACLU by Omega · · Score: 2, Informative
    That's the problem I have with the ACLU. I'm completely opposed to them on most of their favorite issues, so I would be disinclined to ask for their help on anything, even something I do think they got right. It's probably not fair to them, but I associate them with the whole range of their positions, good and bad.
    You'd probably be surprised to know that William F. Buckley Jr. was defended by the ACLU in the 70's; and William F. Buckley Jr. is definitely not who you'd think of as your typical ACLU supporter. They've also defended Rush Limbaugh and the KKK -- not because the ACLU agrees with their beliefs, but because they support their civil rights.

    That's why I'm kind of confused by your statement that you're "opposed to them on most of their favorite issues..." Their favorite issues are defending the constitution and your civil rights. How can you be opposed to your civil rights?

  42. Don't let the facts get in the way... by Bun · · Score: 2, Interesting

    From the article: "Finally, EFF co-founder and board member John Gilmore has independently taken up one of the more important civil-liberties causes of recent years, attempting to sue for the right to travel by air within the USA without having to show identification. This is a very important case, and it's up for appeal later this week, so let's dwell on it a bit.
    Indeed, there is no good reason why anyone should not be permitted to travel incognito, and many good reasons why one should. This is a case that can, and should, be won. Surely, only an EFF principal could blow this one, yet blow it he did. The combination of Gilmore's preposterous and inflammatory libertarian rhetoric and his unreasonable demand that he not be subject to any security measures, like a bag search and a pat down, mean that his appeal, scheduled for 8 December, will almost certainly go down the tubes with his original attempt.
    "

    I'm grateful that the man is willing to volunteer his time to defend citizens' rights in the courts, but deliberately lumping elements that will surely be defeated into a winnable case makes you wonder who's side he's really on.

    --
    "Anyone that has ever gotten an idea based on any of my work and done something better with it-good for you."--J.Carmack
  43. YOU'RE missing the point by deviate_this · · Score: 2, Insightful

    First and foremost, courts exist to make sure that the Constitution is not corrupted by lawmakers who might have overstepped their bounds. This is the whole idea behind checks and balances.

    After that, they have to determine the intent of a particular law. Only then can they uphold a law.

    1. Re:YOU'RE missing the point by einhverfr · · Score: 2, Interesting

      IANAL


      The judiciary is SUPPOSED to meddle and interfere in the shenanigans of the other two branches of the government. That's WHY IT'S THERE. It was all specificially designed that way.


      As I see it, they are there to decide cases and controversies. As a byproduct of this role, they must also resolve conflicts between laws (federal vs. state, constitution vs. state and federal, etc). In other words, their meddling role is a byproduct of their function, not the core of it.

      My point about Iran was largely missed, and few people seem to know anything about Iranian gov't. But Iran has 3 branches too-- a legislative, parliamentary body, an executive branch headed by the President of Iran, and a judicial branch headed by the Council of Guardians and the Supreme Ayatolla. In essence, structurally, Iran looks a lot like France or the US.

      However, this is where the similarity ends. In Iran, the Judiciary plays an active role in running the day to day events in the country. They have final veto power over any law when it is passed, and over foreign policy decisions. They can order members of parliament jailed for activities involving pure speech (like saying that the Council of Guardians has too much power). They even have their own army. In essence what Iran has done is take the idea of Western Democracy and merge it with an Islamist structure where the clerics are the final judges and arbiters of power.

      I don't want our courts to make public policy decisions. I want them to make legal decisions. Sometimes legal decisions have public policy consequences, but one should not decide these cases on the basis of public policy concerns (as is the case in Iran). So in our system, the courts should get involved when one of the other branches oversteps its Constitutional mandate. They should get involved when there are serious questions about what the state of the law is. But I don't want a Mr-Fix-it court system which decides cases on the basis of making everything turn out OK. The loyalty instead should be to legal principles rigorously enforced (I don't usually like Scalia because I question the consistancy of his application of legal principles).

      Our courts are based on the principle of least change (i.e. that things should be changed as little as possible to satisfy the law) and that is vitally important to our democracy.

      --

      LedgerSMB: Open source Accounting/ERP
  44. Losses overreported by the pigopolists, perhaps? by Urusai · · Score: 4, Insightful

    Remember who controls the media and manufactures consent thereby. This is the same media that managed to make Kerry the decorated war vet look like a pansy compared to a guy who skipped out on his skipping out of Vietnam.

  45. Re:Sounds pretty damning. What have they won? by An+Onerous+Coward · · Score: 2, Insightful

    That's utter nonsense.

    First, though the EFF can choose who they defend, the opposition can choose who they prosecute.

    Second, the legislation they're trying to fight against is often pernicious, but since it is the law of the land, the only way to fight it is to argue it on constitutional grounds. The courts aren't usually eager to overrule Congress unless they've clearly overreached. So the EFF needs to present a slam-dunk case to a sympathetic judge just to have a chance.

    Any decent lawyer could easily rack up a 100% win record, just by taking only the slam-dunk cases. But if the EFF only fights the battles they're certain to win, I don't see how they would be terribly useful.

    --

    You want the truthiness? You can't handle the truthiness!

  46. The ACLU may be much worse than the EFF by gjh · · Score: 2, Interesting

    The ACLU also have a tendency to screw things up, and have been accused of malice a lot longer than the EFF and with more evidence.

    http://www.prisonplanet.com/articles/november2005/ 301105aclushysters.htm

  47. Re:Sounds pretty damning. What have they won? by FurryFeet · · Score: 2, Insightful

    Or unless they are fighting the hard cases that no one else would touch. You don't pick only the cases that are easy to win; you pick the ones that are worth figthing for.

    Also, you seem to imply that researching the facts will give you a good idea of how the court will lean. That's not the case. You have arguments and the other side often has also good arguments. It's a coin toss in a lot of cases, and not because the EFF didn't do its job, but because such is the nature of courts.

  48. The Register has a point... by dgulbran · · Score: 2, Insightful

    First, I am NOT a lawyer--yet. I'm a law student.

    However, the Register raises a valid point: the EFF does not have a good track record.

    Now, that *could* be because our rights in the US are being so violated that it is a long uphill battle and the EFF is fighting the good fight. But, it could also be that the EFF isn't doing the best job they could.

    I don't know which is which--I have not followed all of the EFF cases closely. However, the few briefs I have read by the EFF do sometimes make me wonder.

    For what it's worth, the Register article was inflamatory to be sure, but hidden in the vitrol is a valid question, well worth asking: is the EFF doing the best job they could be doing?

    --
    The world won't end in darkness, it'll end in family fun, with Coca-cola clouds behind a Big Mac sun.
  49. Re:Losses overreported by the pigopolists, perhaps by susano_otter · · Score: 2, Funny

    Couldn't it just as easily be the other way 'round?

    That this is the same media that had to make it look like Bush was some kind of draft-dodger to counter the inherent pansy-ness of a decorated war vet?

    Remember who told you about who controls the media and manufactures consent thereby.

    Last time I checked, he gets paid by MIT, which has strong ties to the military-industrial complex. So either he's a part of the conspiracy (probably an uwitting stooge), or there is no conspiracy (which much more plausibly explains why he's allowed to rant about the things he rants about).

    I mean, seriously. If Chomsky is right about the manufacturing of consent and all, why does the military-industrial complex let him have such a bully pulpit? Can you give any other explanation than "reverse-psychology Jedi mind shit, just like in Orwell, man!"?

    --

    Any sufficiently well-organized community is indistinguishable from Government.

  50. Re:Let the Facts Speak - EFF's Track Record: F by An+Onerous+Coward · · Score: 2
    I know Jesus loves me. We talked about you over a couple of beers. You wouldn't believe the nasty things he said about you. He's an angry drunk.

    Since you've dragged this conversation down to the level of farce (and let's face it, it's all your fault, and probably your original intention), let's recap the conversation so far:

    Main Story: so this dued sez tthe eff is teh suck. anyone know if thats true???/

    LP: yeah i know all aboit it. they blew goat chunxxx lol!!! if they r defending u, better lube up cuz you goin to prizon. dont no how they got out of law skool

    NC: ken u back that up???

    LP: like i sed, i workd with tem. they are teh suk. u jus dont want tto face facts

    AOCA: i workd with them too and their grate! teh sun shines out their ass! see you can say anything on teh net!

    LP: i'm famous and everyone knows me unles tehir stupid. if your to stupid to know it, i dont have time to explane to someon as stupid as you. stupid.

    LP: anywayz i alredy told u what u want to know. i got cred, loozer

    AOC: o yea. u sed u wer invovled in teh mitnick case and teh wiretapping case. u sed u were qualified n shit. who r u & how wer u involved?

    LP: ask teh 9th circit. they know me. just ask tehm

    LP: i told u im lew payne. god u r stupid. do i hav to spel it out??

    AOC: lots og lew payns on teh interwebs. which one r u? teh pr0n guy?? and how do i kno your him. eh u r probabyl just makin sh1t up.

    LP: look me up in the lexis/westlaw, u lazy pile of crap. i dont care what u think

    AOC: u cant back up your crap. im repotring u to ur isp for hacking

    LP: u just want me to do yor wokr for u lazy basterd

    AOC: everoyne here thinks u r full of it. if u werent youd just say what cases u wer on. moron loser troll thing

    LP: jesus luvs u, suptid git.

    AOC: ahhaha you cant kickban me. ill be here all night.

    LP: lozzer. im posting nakid pics of ur mom

    AOC: put up or shut up. u wer never on a case with teh eff.

    LP: u r jelous becaus i know stuff & ur to lazy to find it out/

    AOC: i m not buyin a lexis

    LP: i dont care what car u drive. jesus luvs u. YHBT!!!

    AOC: u can shuv your hls tropy up ur a**.

    LP: its teh internet u can say ass, u big baby

    AOC: u r a l4m3r pretending u know kevin mintinick

    LP: your a lamer who doesnt know when hes been trolld

    AOC: u r waaaaaay kewl how can I be as kewl as u????? i want to know! do i go to kewl skewl do i get a dipplmoa

    LP: i gave u ur diploma it has DUMBASS stamped on it. dumbass

    Stay tuned, folks. It's not going to get any prettier.

    I never said you weren't entitled to offer an opinion. What I said was that, because you were claiming to have firsthand knowledge to support your opinions, it's up to you to provide details, if you want readers to give your opinion any more credibility than anyone else.

    Nor did I contradict myself when I said I don't care to find out about those personal experiences. Towards the beginning of the thread, I was curious, and I did indeed detail what you could have done to satisfy that curiosity. Now I honestly don't care. See, there's this thing called "time", and "things" can be different at different "times". My curiosity is one of those "things" that can "change" over "time". As a seasoned adult who has very little "time" left before his creaky body creaks its last creak, I really shouldn't have to belabor the point for you.

    I did find it absurd that you wanted me to pay good money for a bunch of photocopies from the Ninth Circuit, without giving me the slightest idea what I'm going to learn from them, or even giving the names of the relevant cases so that I wouldn't have to order every document from

    --

    You want the truthiness? You can't handle the truthiness!