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EU Bans Sock-Puppet Blogs

PhilipMarlowe9000 writes in with news of a new EU directive that will take effect in the UK at the end of this year to ban "sock-puppet" reviews or websites, part of an EU-wide overhaul of consumer laws. From the article: "Businesses that write fake blog entries or create whole wesbites purporting to be created by customers will fall foul of a European directive banning them from 'falsely representing oneself as a consumer.' From December 31, when the change becomes law in the UK, they can be named and shamed by trading standards or taken to court. The Times has learnt that the new regulations also will apply to authors who praise their own books under a fake identity on websites such as Amazon."

393 comments

  1. Before anyone says anything about free speech by Anonymous Coward · · Score: 5, Insightful

    Please keep in mind that fraud is not generally protected speech, particularly when it relates to commercial speech.

    1. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0, Insightful

      Free speech isn't free if it has "ifs, ands, or buts".

    2. Re:Before anyone says anything about free speech by chaoticgeek · · Score: 1

      Would this not be something similar to shouting "Fire!" Not as to create panic, but it is a false claim meant to get a reaction out of people that would not have been there in the first place. I'm thinking the grandparent meant that falsifying info about a product from the manufacturer is misleading which is one of the things that is a no no...

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      hello
    3. Re:Before anyone says anything about free speech by MillionthMonkey · · Score: 5, Insightful

      Free speech isn't free if it has "ifs, ands, or buts".

      No it isn't. This, however, is commercial speech, fraudulently pretending to be free speech, as part of a ruse to impress people. Commercial speech identifiable as such is known to suffer the trustworthiness problems typical of commercial speech. If a corporation sends its marketing department to blogspot and creates 100 blogs talking about how cool its products are, that's fraud. The company is misrepresenting itself and concealing a conflict of interest. I mean, duh. Even in the crazy United States we have laws saying you can't make ads disguised to look like newspaper articles unless you print ADVERTISEMENT at the bottom so everyone knows you're probably full of it. Free speech is not going to last very long if we use it to excuse cheap commercial hijinks.

    4. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 3, Insightful

      The speech is free. The speaker is not allowed to pretend to be someone else.

    5. Re:Before anyone says anything about free speech by QuickFox · · Score: 1, Redundant

      Any sort of restriction, no matter how small, moves you from the category of having free speech to that of not having free speech. By your reasoning I have the right to threaten to kill you and your family unless you pay me a million dollars.

      Going through with the killing would still be illegal (or would you change that too?). But the threat would be protected free speech, by your reasoning.
      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    6. Re:Before anyone says anything about free speech by AoT · · Score: 1

      Commercial speech is already censored.

      Please do not pull bullshit slippery slope arguments out of your ass.

      Note also that this is in England where there are far more strict laws about speech.

    7. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      The speech is free. The speaker is not allowed to pretend to be someone else.

      That's not free speech.

    8. Re:Before anyone says anything about free speech by ricree · · Score: 5, Insightful

      I don't think that you can really use a slippery slope argument here. There have been limits on speech for pretty much as long as the concept of free speech has been around. While there have certainly been abuses, fraud, libel, and other limitations haven't destroyed free speech yet. As far as I can tell, this is simply a logical extension of these limitations. Furthermore, this doesn't effect the content of what people can say. It appears to mostly be a limitation on how people are allowed to represent themselves. The companies are still quite free to heap praise on their products, they just aren't allowed to lie about who they are while doing it.

    9. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      You shouldn't have been modded down. You are absolutely correct. The 1st amendment does not say Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of reasonable speech, or non-commercial speech. It simply states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech..." No law means NO law. But, in a land where a pre-nup can be broken so easily, why should I expect any more respect for the constitution? It sad that such a direct statement as the 1st amendment can be interpreted so loosely. It's even sadder that most people think it goes too far in protecting freedom and believe it should be heavily modified(if not completely repealed) to grant freedom only to those who agree with them. However, modifying it is preferable to the outright violations that are widely practiced now.

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    10. Re:Before anyone says anything about free speech by iminplaya · · Score: 1, Flamebait

      Commercial speech is already censored.

      Hmmm, I thought that's what this statement, First, commercial speech is censored., meant.

      I don't care where it is. The original post still stands. Free speech is unconditional, or it isn't free. Claiming to have free speech when you don't is fraudulent. There is no "a little pregnant".

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    11. Re:Before anyone says anything about free speech by Schraegstrichpunkt · · Score: 4, Funny

      The speech is free. The speaker is not allowed to pretend to be someone else. That's not free speech.

      ... says the AC.

    12. Re:Before anyone says anything about free speech by Simon+Garlick · · Score: 5, Insightful

      Everyone ignore the posts above by poster "iminplaya". As a registered sex offender and convicted child rapist, he doesn't deserve to be heard in this forum.

    13. Re:Before anyone says anything about free speech by Miseph · · Score: 5, Insightful

      Your view is overly simplistic.

      You ignore the fact that corporations are not people, and as such do not (and should not) have the inalienable rights of a human being. You also assume that the right to free speech trumps all other rights (such as life, property, autonomy, etc.), which is completely untrue, not to mention unjust and far more dangerous than limits on free speech.

      Try yelling "fire" in a crowded theater and telling the theater staff that you have First Amendment Rights when they remove you from the premises and you'll find out just how little that applies to private persons on private property.

      The Right to Free Speech does not, in fact, apply to that speech which is specifically designed to be malicious, it never has, and such an idea flies in the face of it's very origins (see: Immanuel Kant). Trying to apply it to such actually weakens the idea, and perverts the intent of free speech. Fraud, slander, and incitement are all directly opposed to "free", and as such are NOT protected as free speech.

      I also wonder why so many people are convinced that specific limits on free speech are a new thing (they aren't), and that such limits make it impossible to protect speech which needs to be free (it hasn't).

      --
      Try not to take me more seriously than I take myself.
    14. Re:Before anyone says anything about free speech by Simon+Garlick · · Score: 3, Insightful

      My previous comment is, to the best of my knowledge, untrue... but don't you dare restrict my right to say it!

      Oh wait... maybe free speech ISN'T an absolute.

    15. Re:Before anyone says anything about free speech by AoT · · Score: 1

      Well, I think that forcing people to tell the truth in court is an infringement on free speech!

      If we force people to tell the truth in court then how long until we force them to tell the "truth" everywhere else?

    16. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Don't forget to call his boss, and let him know.

    17. Re:Before anyone says anything about free speech by iminplaya · · Score: 0, Flamebait

      ...but don't you dare restrict my right to say it!

      You're right. I won't. I don't have any right to do so. Say it as loud and as often as you want. I don't care. If anybody believes you, that's their problem. If they try to make it my problem, I will go after them, not you. They are the offenders for what ever actions they take against me, not you. I don't care what motivates them. So feel free and put into a journal on the front page if you like, and I'll deal with anybody who tries anything stupid. Your free speech rights are secure with me.

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    18. Re:Before anyone says anything about free speech by shawb · · Score: 1

      I personally think free speech should be redefined, in that a person or other legal entity should be allowed to share facts and express opinions which they believe to be true. Intentionally spreading misinformation hampers the working of a truly free society. This should hold as true in the press as it is supposed to in the courtroom or legislature.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    19. Re:Before anyone says anything about free speech by The_Wilschon · · Score: 1
      OTOH, no set of rights manages to be self-consistent when multiple people are involve unless it has its "ifs, ands, or buts".

      "The right to swing my fist ends where the other man's nose begins." - Oliver Wendell Holmes
      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    20. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Damn! I thought those documents were sealed :-)

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    21. Re:Before anyone says anything about free speech by The_Wilschon · · Score: 4, Funny

      I don't suppose it matters to you that this law was passed in the UK, which is in fact not part of of the US...

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    22. Re:Before anyone says anything about free speech by MillionthMonkey · · Score: 3, Insightful

      You ignore the fact that corporations are not people, and as such do not (and should not) have the inalienable rights of a human being.

      I agree with the rest of what you said but this statement is completely false. Or at least, there is no distinction to make between individuals and corporations as far as political and commercial speech are concerned. One axis is independent of the other. Microsoft has a right to express a political view, even on technological matters, and individuals have a right to engage in commercial speech and sell things. The restrictions on speech are determined by the nature of the speech itself and not by who is making it.
    23. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      By your reasoning I have the right to threaten to kill you and your family unless you pay me a million dollars.

      Yes.

      Going through with the killing would still be illegal. But the threat would be protected free speech, by your reasoning.

      Yes.

      Free speech is about you hearing things that you don't like. Free speech is also about you saying things that others don't like.

      The expression of an idea does not bring harm. Like you point out, actually harming somebody is the action that should be restricted. And if somebody brings harm to another based on the writings of an author or the sayings of an orator, the only person guilty of any crime is that individual who directly brought about the harm.

    24. Re:Before anyone says anything about free speech by shawb · · Score: 3, Insightful

      Legally speaking, corporations are people to some extent. Within limits, a corporation shares a large subset of the rights and responsibilities of a person, the name itself being derived from the Latin term for body, definitively meaning that a corporation is to be treated as somebody.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    25. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Most judges will tell you to check your freedoms at the door. You can pick them up when you leave. That is, if you still want them.

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    26. Re:Before anyone says anything about free speech by TheDugong · · Score: 2, Insightful

      Forgot to not post AC. I am the GP.

      Yes it is.

      There is a big difference between anonymity and actively pretending to be someone else. The whole point of the legislation seems to be to stop the former, not the latter.

    27. Re:Before anyone says anything about free speech by Brian+Gordon · · Score: 1

      In court we force people to relinquish their right to free speech. There's no shadow play going on; everyone knows what's going on.

    28. Re:Before anyone says anything about free speech by Atlantis-Rising · · Score: 4, Insightful
      Because such a blanket statement as "Congress shall make no law... abridging the freedom of speech" is so blanket and vague as to be entirely useless.

      The fact is, there is no such thing as 'freedom of speech'- the fact that we live in a human society instantly precludes that blanket statement, just as it prevents any blanket clause dealing with religion or association.

      What people do not realize is that statements like the Canadian constitution, which says:

      The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

      Actually strengthen the exercise of those rights and freedoms, by allowing solid guidelines to be coherently laid down. Absolutities are only for tyrants and ideologues- the rest of us have to live in the real world.
      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    29. Re:Before anyone says anything about free speech by Brian+Gordon · · Score: 0, Flamebait

      Uh, are YOU this stupid? He's saying that anyone has the right to knowingly make whatever false statements they want to. Which is what the constitution says.

    30. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      No it doesn't matter. While England doesn't spell out its free speech rights as absolutely as the US, they still claim to have free speech. There's a lot of relativism going on there. If they want to be truthful about it, they will say they have limited freedom of speech. With real freedom of speech comes the freedom to offend.

      ...not part of of the US...

      You're right. It's the other way around.

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    31. Re:Before anyone says anything about free speech by jcr · · Score: 5, Insightful

      The expression of an idea does not bring harm.

      Sorry, it's not that simple. Threatening to kill someone does indeed harm the person threatened; they are dreprived of their peace of mind, and that's why we have such things as laws against verbal assault and incitement, and restraining orders that can compel a person not to communicate with the target of their malice.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    32. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Because such a blanket statement as "Congress shall make no law... abridging the freedom of speech" is so blanket and vague as to be entirely useless.

      Regardless...it IS the law no matter how useless you think it is. It is a written, codified law that our politicians have sworn to uphold. It is our responsibility to make sure they do their job. The Canadian constitution is not the American constitution. It doesn't matter if it is more "reasonable". The original post said you have free speech or you don't. And the simple fact is that, if there are conditions, then it ain't free. Call it anything you like, but it isn't free.

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    33. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      No, free speech should not be redefined. What we have should be redefined, as something other than free speech. I'll be perfectly happy with that.

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    34. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 1

      If you lose peace of mind, it's either because you voluntarily chose to, or you likely never had it in the first place. Any fear you have is produced by your mind, and your mind alone. Your inability to control your emotions and feelings is no reason to deprive the freedom of expression of others.

    35. Re:Before anyone says anything about free speech by falsified · · Score: 1

      Oy. Speech and talking are two different things. If 230 years of US case law isn't enough, go back to English common law.

      --
      HI, MY NAME IS ISAAC.
    36. Re:Before anyone says anything about free speech by ScrappyLaptop · · Score: 2, Insightful

      Ah, so do you believe that a company should be allowed to print whatever it wants on, say, the label of a bottle of "medicine" that actually does nothing, or even worsens some conditions? Should they be allowed to have advertisements that say that their car gets 150 miles per gallon of gas using special magnets around the fuel line? How about claiming on a commercial that their cigarettes not only don't cause cancer and are not habit forming, but actually cure cancer instead? Isn't all of this just "Free Speech"? Of course not; there is a line, sometimes a fuzzy one, between truth and falsehoods intentionally presented as truth. You can say that it is up to the consumer and if a blatent falsehood is presented, then the buyer(s) can sue for fraud and that will take care of the problem, but at some point of obviousness, preventing fraud is one of the few things that a government is created to do.

    37. Re:Before anyone says anything about free speech by sabernet · · Score: 1

      I wish to know the phone number to your family so that I may inform them of your constant molestation of the young boy who lives near your house. Or maybe get one of your female co-workers to claim you sexual harassed her.

      And if you say "I won't stop you." or that I "have every right to do so", I know for sure that you are full of shit. Those types of speech could very well ruin a person's life and they sure as hell shouldn't be protected. And I'm damn sure you'd do just about anything possible to stop me from doing so.

    38. Re:Before anyone says anything about free speech by Sir+Homer · · Score: 1

      Doesn't the Constitution say copyright is OK? Copyright under your definition would also be a violation of free speech. I can't write a story about Mickey Mouse without getting sued. If that isn't censorship, I don't know what is.

    39. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 2, Funny

      There should be a Mod 'Retarded'...

      How's that for free speech?

    40. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Those types of speech could very well ruin a person's life and they sure as hell shouldn't be protected.

      The speech won't do a thing. Only the people who react innappropriately can do anything to my life.

      And I'm damn sure you'd do just about anything possible to stop me from doing so.

      You'd be damn wrong. I would have no trouble convincing my family that you're a loon(not that you are really, unless you tried it), and to pay no attention. If you go beyond speech, then I will take the matter up with you.

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      What?
    41. Re:Before anyone says anything about free speech by QuickFox · · Score: 4, Insightful

      Okay, I'll express the threats to your kids, that should be the most effective arrangement. I hope you have kids of, say, four to ten years of age. I can be real scary because I'm very large and have a very deep voice, and I'm a good actor. I'll be extremely threatening and ominous.

      Your kids will be scared stiff over and over. What a pleasure! And I'll make a million in the process!

      You won't know if I'm serious and willing to go through with the killing, so you'd better pay up. Just to be sure, I'll also talk to your young wife repeatedly. Maybe I'll casually carry something that looks like the hacked-off arm of a child. Stuff like that. In due time she should be very, very worried about her kids' lives. Or maybe I'll just talk about hacking their legs off or something, that might be more effective. What do you think?

      I'll find some really effective things to say to her. And I'll be very, very convincing. I can make a very convincing sociopath.

      Repeated phone calls all through the night might be a nice touch. I'll also shout threats outside your home at random times day and night, speaking slowly and ominously. Maybe I'll bring a megaphone. No restrictions, remember?

      And if there's a trial -- for example if your kids mysteriously get hurt a few times before you finally come to your senses and pay me -- don't worry about trying to get any witnesses. I'll see to it that any witnesses you find get scared and get paid. They won't have any incentive at all to tell the truth, since lying in court is fully accepted.

      No restrictions, remember?

      Just in case somebody doesn't notice the irony and takes the above seriously, all of the above is irony and none of it is intended to be taken seriously. It's a completely fictitious illustration of the consequences of the parent post. I have no intentions whatsoever of threatening or hurting anyone.

      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    42. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      The first amendment effectiviely overrules copyright. It should have included an exception for that and "commercial" and "obscene" speech if they didn't want it to mean what it actually does. But no judge will accept that. It doesn't mean they're right. It just means that nobody wants to go through proper procedure to change the law. So now we have these interpretations of convenience to avoid that little mess.

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    43. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      ugh, that was actually aimed at #17979592

    44. Re:Before anyone says anything about free speech by Atlantis-Rising · · Score: 1

      And my point was that there was no such thing as free speech. Including such a pointless clause into the constitution did nothing. It's not the law of the land, because it's inherently impossible to uphold. What if the Constitution had said that everybody could sprout wings and fly at will, too?

      We would have written it off as a crock of shit long ago.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    45. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      If it is not absolutely, positively, unconditional, then it is not free speech. Free speech includes the freedom to offend(the most important part of the concept)...the government, the company, your boss, your neighbor, your mother, everybody. Call it something else. Furry Kitten speech, Puppy Dog speech, Pink Pony speech, No Offense Speech. It is not FREE speech.

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    46. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      ...It's not the law of the land...

      It's unfortunate that most judges would agree, as indicated by their rulings on the matter. But it's still there in black and white(okay, a litlle yellow), and we should be hammering hard on that fact until it has been appropriately amended.

      We would have written it off as a crock of shit long ago.

      "We would have"? "We already have" would be more correct.

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    47. Re:Before anyone says anything about free speech by theshowmecanuck · · Score: 2, Insightful

      Are you posting anonymously so no-one will threaten you? You troll like a fisherman.

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      -- I ignore anonymous replies to my comments and postings.
    48. Re:Before anyone says anything about free speech by Atlantis-Rising · · Score: 1

      It's unfortunate that most judges would agree, as indicated by their rulings on the matter. But it's still there in black and white(okay, a litlle yellow), and we should be hammering hard on that fact until it has been appropriately amended.

      So you're claiming that we should attempt to enforce something enforceable until we get around to changing it to mean what we're currently enforcing it as, which was likely the intent of the people who originally wrote it unenforceably?

      "We would have"? "We already have" would be more correct.

      Well, yes.
      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    49. Re:Before anyone says anything about free speech by mrchaotica · · Score: 1

      That's what slander lawsuits are for: they still allow the person to express his free speech in the first place, but hold him responsible for the consequences of it.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    50. Re:Before anyone says anything about free speech by meme+lies · · Score: 1

      First, commercial speech is censored. Next, it will be political speech under the guise that it is "fraudulent". The original statement is correct. Either speech is free or it isn't, no matter what convenient label you want to put it under. It is the listener's responsibility to investigate whether it's fraudulent.

      If commercial speech is not regulated (and by regulated, I mean a corporation has do prove their product is safe and does what is claimed) then what's to stop the corporation from tainting the listener's ability to investigate? If they can get enough planted websites with made-up reviews and dummy news articles to show up in the first page or two of Google hits the average consumer would have quite a bit of trouble sorting out what is the truth or what isn't.

      "Commercial speech" simply does not exist. There is no correlation to political or personal freedom to express opinions. A corporation exists to sell you a product, end of story, and any speech is solely in service of getting you to buy their product. Limitations must be placed because they WILL be deceptive and duplicitous, and this is a matter of regulation of trade (and consumer safety) not the press.

    51. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Yes, enforce it, or change it, or repeal it. I don't believe it's unenforcable since the only thing required is to not make any laws that contradict the amendment. If we pick and choose which parts to enforce, and continue to make such loose interpretations, then the whole thing is worthless. The proper procedures are in place. And I don't consider it to be vague as you do. It is very precise. "Congress shall make no law..." I don't see any vagueness whatsoever. It couldn't be more clear. If you want exceptions then spell it out.

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    52. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Well that is why we can use things like "Consumer Reports" or if need be(in fact we already have with FDA, USDA, FAA, etc.) we can have the government test and verify their claims and advise accordingly. That would be the ideal use of the government. It will be up to us to make sure they don't become puppets of the affected corps. In that department we have already failed miserably.

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    53. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Fishermen trawl. Trolls troll.

    54. Re:Before anyone says anything about free speech by Kjella · · Score: 1

      Unless they'd like this to actually be enforcable, which means you'd have to ID them to know whether they're paid shills or actual customers. That might certainly be a blow to anonymous speech, though I doubt they'd go that far. Maybe they'll have time to run down a few blatant abusers operating out of their own corporate IP range, but a slightly more advanced operation using residential IPs would probably fly right under the radar. Perhaps even botnets doing the fake reviews, but in that case you're talking about spam-type companies anyway, who completely disregard the law anyway.

      --
      Live today, because you never know what tomorrow brings
    55. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 3, Insightful

      There is a big difference between anonymity and actively pretending to be someone else. The whole point of the legislation seems to be to stop the former, not the latter.

      No, the legislation seems to be about honesty vs. lying and deceiving. If a company lies to their customers, making falls statements abou their products, the I don't think this should be protected by free speech. Not allowing companies to set up fake website pretending to be from happy customers, or not allowing that companies otherwise claim in blogs etc.: "I'm a happy customer, this product i so great." has nothing to do with free speech in my opinion, but only with requiring companies to not mislead the public.

    56. Re:Before anyone says anything about free speech by ChronosWS · · Score: 1

      The purpose of that part of the 1st Amendment specifically is to preclude Congress from arbitrarily criminalizing any speech they wish and throwing people into jail on a whim. Remember, Congress does not interpret the Constitution - that power is left to the Supreme Court. And the Constitution, like ALL law made my Man, is interpreted in the context of how it serves society. If you read the Constitution and expect it to be interpreted as a computer would interpret source code, then you do are not recognizing some fundamental tenets of law.

    57. Re:Before anyone says anything about free speech by WolfWithoutAClause · · Score: 1

      I agree, and people should be allowed to shout their free speech as loud as they like, even with electronic amplification; anything up to 200 dBa is fine. If it kills people they should have worn headphones. The right to free speech is more important.

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      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    58. Re:Before anyone says anything about free speech by ebbe11 · · Score: 2, Insightful

      Free speech isn't free if it has "ifs, ands, or buts".

      I.e. you want to be able to say whatever you damn well please without it having consequences. Dream on...

      --

      My opinion? See above.
    59. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Uh, are YOU this stupid? He's saying that anyone has the right to knowingly make whatever false statements they want to. Which is what the constitution says.
      It says no such thing, you idiot. There are any number of laws against making false statements that are perfectly reasonable and perfectly consititutional, you fucking dipshit. Fraud is a crime, and the argument that it's protected speech is, like you, completely retarded.
    60. Re:Before anyone says anything about free speech by KDR_11k · · Score: 1

      Yes but last I checked the EU didn't guarantee unrestricted free speech in first place.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    61. Re:Before anyone says anything about free speech by koreaman · · Score: 0

      So, what exactly is the point of your argument? You don't actually think we should institute total unrestricted freedom of speech, you just want to clarify a definition?

    62. Re:Before anyone says anything about free speech by KDR_11k · · Score: 1

      Yeah, it's clear. It says Congress. Says nothing about other government bodies or even other countries. So a country that shot you if you opened your mouth would still give you your First Amendment because it's not Congress lmiting your freedom of speech, it's the local tyrant.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    63. Re:Before anyone says anything about free speech by jcr · · Score: 1

      That's an interesting line of argument. Did it fly when you tried it on the judge who heard your last girlfriend's petition for a restraining order on you?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    64. Re:Before anyone says anything about free speech by Tom · · Score: 1

      Speech (free or not) assumes a speaker. A speaker, by definition, is someone capable of speech, i.e. a human being. A speaker can speak for someone else, but not as someone else - e.g. the "speaker of the house" speaks for the house, but he isn't the house. Most importantly, part of his responsibilities is to make it clear if he is, right now, speaking "for the house" or "as himself".

      The request to properly identify who you are speaking for does not limit the speech itself, and is not an abridgement of free speech.

      --
      Assorted stuff I do sometimes: Lemuria.org
    65. Re:Before anyone says anything about free speech by mwanaheri · · Score: 3, Insightful

      As with all of these freedoms: your right ends precisely where higher rights of others begin. That's why you may get trouble if you insult others.

      --
      Idha khatabahum lijahiluna qalu salaman
    66. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 1, Interesting
      You said:

      It should have included an exception for [copyright] [...] It did. It's called the Copyright Clause. It's not even an amendment, it's part of the original fucking text.

      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Without the Copyright Clause, the First Amendment would preclude copyrights as abridging the freedom of speech.

      However, what you fail to understand is that outlawing fraud is not the same thing as outlawing speech even though speaking is often the vehicle for fraud.

      It's not illegal to say "Here's a cheque, could you cash it for me? If you could advance me half of it now, that'd be great." It is illegal to do that knowing it's a bad cheque, in order to steal someone's money. It's not illegal to say the words, it's illegal to try to steal someone's money.

      In saying a company can't pretend to be a customer on its blog, again, it's not illegal to say the words. It's illegal to try to steal someone's money. In this case, by lying to them. It's fraud, just like uttering a bad cheque. It's the act, not the speech that is illegal. The speech, without the act, is perfectly legitimate.

      The fact that you can't distinguish between these concepts is irrelevant, but irritating.
    67. Re:Before anyone says anything about free speech by nickco3 · · Score: 5, Insightful

      Also, European human rights legislation only applies to us actual humans, not legal persons. Corporations claiming human rights is a feature of the US legal system.

      --
      -- Nick "Hallo this is Beel Gates, und I pronounce weendows as ... WEENdows"
    68. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      This is not an issue: it's about the EU here, and the EU cannot be touched. No US-bashing, so it's amazing it's even an item of interest.

    69. Re:Before anyone says anything about free speech by Talgrath · · Score: 1

      I don't care where it is. The original post still stands. Free speech is unconditional, or it isn't free. Claiming to have free speech when you don't is fraudulent. There is no "a little pregnant". Comparing free speech to pregnancy is like comparing an orange to a 747; they aren't alike at all. "Free Speech" is a vital write in the US, sure, but it doesn't trump the rights of others. When you impinge upon another's rights to life, liberty and the pursuit of happiness in your free speech, your right to free speech goes right out the window. And that's exactly why COMMERCIAL speech is seperated from NORMAL speech; commercial speech is telling people about a product, which could have a major impact on their life. Examing the law above, let's say that, due to one of those sparkling reviews that the author (or publisher, more likely) themselves wrote, someone buys a book. They then read the book, discover that the review was BS; they are subsequently out of a sum of money, possibly some time and probably pretty pissed off. In short, the buyer has been conned out of their hard-earned money and their right to the pursuit of happiness has been curtailed by the review poster's deception; sure it's not a major infringement, but it is an infringement. That's why COMMERCIAL speech is not FREE speech; if we didn't have these types of protections, then advertisers could say whatever they want, with extremely serious consequences. Take a more serious example, the old snake oil sellers, they sold tonics and elixirs said to cure every from the common cold to sore backs to malaria; they didn't test their products, and there were no false advertising laws at the time, so they could say whatever they wanted. This (though we have no records to prove it, since people simply didn't realize it at the time) led to many deaths as these cure-alls were often filled with harmful materials (cocaine was often the primary ingredient). It would be the rough equivalent to seeing an ad for a drug on TV that claimed to cure cancer, but the drug really didn't do anything to cure cancer and was actually anthrax. Sure, fake reviews are a minor example of violation of truth in advertising laws, but clamping down on deceptive advertising practices is always a good thing for the consumer (you and me).

    70. Re:Before anyone says anything about free speech by Bloke+down+the+pub · · Score: 1

      Free speech doesn't inmply immunity from any consequences of what you say.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    71. Re:Before anyone says anything about free speech by Talgrath · · Score: 1

      Okay, I'm not sure why that didn't have my lines seperated as when I wrote out the post, or why the quote isn't in blockquotes, but it appears that didn't happen for some reason.

    72. Re:Before anyone says anything about free speech by Bloke+down+the+pub · · Score: 2, Funny

      If you go beyond speech, then I will take the matter up with you.
      Fight! Fight! Fight!
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    73. Re:Before anyone says anything about free speech by yada21 · · Score: 1

      Ah, so do you believe that a company should be allowed to print whatever it wants on, say, the label of a bottle of "medicine" that actually does nothing, or even worsens some conditions?
      Yes. In a free market, such a company will eventually go out of business because they're customers all die, allowing it's resources to be utlised by a more efficient firm.

      While some people propose laws about product safety and efficacy of medicines (which may enable the company to be sued) these are really a distortion of the free market. The consumer should have the right to consume poison if he wants.

      If he really wants to know what he's taking, then he can qualify in biochemistry and start his own lab (I have helped people to do this in several countries). If he doesn't do this then rational economic theory implies he was happy to drink a mixture of cyanide, strychnine and food coloring.

      --
      I will have a sig when the market demands it.
    74. Re:Before anyone says anything about free speech by digitig · · Score: 1

      Too binary. The only truly free speech is speech that's not heard by anyone; any other speech has some consequence, varying from adjusting the hearer's opinion of us at one end of the scale to a prison term (or torture and execution in some places) at the other. Freedom of speech is a continuum, not an absolute, and the issue is always really whether speech is free enough. Each of us has a different view of "enough", which is why mention of "free speech" tends to provoke a debate, rather than everybody just saying "yup!" and moving on to the next topic.

      --
      Quidnam Latine loqui modo coepi?
    75. Re:Before anyone says anything about free speech by Perseid · · Score: 2, Insightful

      By that definition no nation now has or has ever had freedom of speech.

    76. Re:Before anyone says anything about free speech by rbanffy · · Score: 4, Insightful

      The speech is free. The speaker is not allowed to pretend to be someone else.

      I would rephrase that as "The speech is free. The speaker is not allowed to con people by pretending to be something he/she is not.

    77. Re:Before anyone says anything about free speech by mabinogi · · Score: 1

      I'm not sure I'd really call trawlers "fishermen".

      However, fishermen do in fact Troll

      --
      Advanced users are users too!
    78. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Which fucktard modded this insightful?

    79. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      If it is not absolutely, positively, unconditional, then it is not free speech.

      Wow... way to demonstrate what a cretin you are. You can say what you want about your own book that is on sale at amazon.com for $14.99... you just can't pretend to be someone else when you do it.

    80. Re:Before anyone says anything about free speech by Alkonaut · · Score: 1

      Free speech isn't free if it has "ifs, ands, or buts". Defining a "right" as something that has never existed anywhere, and as something that not even a small fraction of the population even wants, seems like a waste of time.
    81. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Free speech is unconditional, or it isn't free.
      What a load of rubbish. Go and join RMS on his dirty GNU hippy campaign? Otherwise, please stop seeing things in black and white and stop using CAPITALISED words mid-sentence you RETARD.
    82. Re:Before anyone says anything about free speech by timrichardson · · Score: 1

      And importantly, absolute free speech exists for elected representatives when speaking in Parliament, who are protected from libel etc (in countries deriving their democracy from the United Kingdom).

    83. Re:Before anyone says anything about free speech by aussie_a · · Score: 1

      Well here's a question for you, you coward. Do you think people should have free speech?

    84. Re:Before anyone says anything about free speech by BertieBaggio · · Score: 1

      "No it doesn't matter. While England doesn't spell out its free speech rights as absolutely as the US..."

      Please, please, please. On behalf of Scotland, Wales, Northern Ireland and all the UK dependent territories, I beg the following:

      Repeat after me: England != UK

      I'm not doing this to be pedantic - I know the US media sometimes uses them interchangeably. However, laws differ in the different countries of the UK. Examples: property law in Scotland has a different basis from England and Wales; criminal trials are handled differently, and so forth. IANAL.

      --
      If all you have is a grenade, pretty soon every problem looks like a foxhole -- MightyYar
    85. Re:Before anyone says anything about free speech by aussie_a · · Score: 1

      Your boss makes hiring decisions based on random phone calls he gets? Wow. I'm going to apply for a job then get my aunt to call him and say I'm Jesus Christ incarnate.`

    86. Re:Before anyone says anything about free speech by aussie_a · · Score: 1

      But we can't have that or else most policemen will tell you to check your freedoms at the gate when leaving your own private property and to pick them up when you leave. That is, if you still want them.

    87. Re:Before anyone says anything about free speech by Duds · · Score: 3, Informative

      Yet.

    88. Re:Before anyone says anything about free speech by eggywat · · Score: 1

      Isn't the general idea that individuals are allowed 'free speech' insofar as that right does not affect the same right to expression or freedom of others.

      Where freedom expressions conflict with the right of the consumer to be given a 'reasonable' chance to determine the merits of a particular product or service without having to filter information that is in effect a blatant lie, the rights of the consumer take precedence.

      http://bymyreckoning.com/
    89. Re:Before anyone says anything about free speech by pureevilmatt · · Score: 5, Insightful

      Companies aren't individuals nor should they have the rights of individuals.

    90. Re:Before anyone says anything about free speech by VJ42 · · Score: 1
      Actually all EU countries are signatories to the European convention on human rights. article 10 states;

      Article 10 - Freedom of expression

      1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
      2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. http://www.echr.info/

      So our rights to free speech although not as unrestricted as in the USA are guaranteed to some extent (bare in mind that the above was written in 1950, so reflects the attitudes of that time).
      --
      If I have nothing to hide, you have no reason to search me
    91. Re:Before anyone says anything about free speech by aix+tom · · Score: 2, Insightful

      Ah, so according to that it would be "Free Speech", ....

      ... If I claim to be an FBI Agent, back that claim up with an forged badge, go to your local police station and ask the friendly people there to lock you up for a few days?

    92. Re:Before anyone says anything about free speech by Garrett+Fox · · Score: 1

      For comparison, from the "Constitution of the People's Republic of China":

      Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.

      Good that those reasonable limits are in place, huh? The state has many pressing needs and can't allow Christians, Falun Gong practitioners, or other troublemakers to interfere with the people's "education in... patriotism, collectivism, internationalism and communism and in dialectical and historical materialism." (Art. 24)

      --
      Revive the Constitution.
    93. Re:Before anyone says anything about free speech by Bloke+down+the+pub · · Score: 2, Funny

      Unless you consider Robinson Crusoe's island as a nation. But even then, if he'd called the albatrosses bastards, they'd probably have shat on his head. And quite right too.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    94. Re:Before anyone says anything about free speech by Goaway · · Score: 0, Flamebait

      I also wonder why so many people are convinced that specific limits on free speech are a new thing (they aren't), and that such limits make it impossible to protect speech which needs to be free (it hasn't).

      Because if you had more than the most tenous of grasps on history and reality in general, you wouldn't be a libertarian.

    95. Re:Before anyone says anything about free speech by Goaway · · Score: 1

      If you don't mind, we'd prefer if you used the same language as the rest of us, and not make up your own definitions for words. It makes communication somewhat easier.

    96. Re:Before anyone says anything about free speech by dfghjk · · Score: 1

      Sure, kind of like a free society isn't free if it has "ifs, ands, or buts". You can't truly be free unless you are free to murder, rape, and enslave others, right? Absolute chaos is the only freedom, isn't it?

    97. Re:Before anyone says anything about free speech by sjames · · Score: 1

      That's the important point. The speech is free, but fraud is illegal no matter how you do it. Similarly, I can't get away with murder just because I cobble up a voice activated gun. The EU is simply recognizing that creating the false impression that a product is popular with 'average people' is a form of fraudulant advertising.

      Now if we could just get the U.S. to enforce it's truth in advertising laws effectively.

    98. Re:Before anyone says anything about free speech by dfghjk · · Score: 1

      Trolling is a fishing technique and has nothing to do with trolls.

    99. Re:Before anyone says anything about free speech by mapkinase · · Score: 1

      It is the listener's responsibility to investigate whether it's fraudulent.


      Right. And the bigger $mouth wins. And we will always be in war with the current nation. Even without telescreens. Just plain simple "natural" concentration of power in the hands of a few.
      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    100. Re:Before anyone says anything about free speech by dfghjk · · Score: 1

      Enjoy going after the police when they make it your problem.

      Once enough people say something, no matter how preposterous, it's believed to be true.

    101. Re:Before anyone says anything about free speech by The+Warlock · · Score: 1

      Not in Europe, where this law is being made.

      Oh wait, this is Slashdot. Reading the summary (let alone the article) is out of the question.

      --
      I've upped my standards, so up yours.
    102. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      No trolls don't troll. They camp... under bridges waiting for goats to pass by. Fishermen however were using trolling moters (it's a very quiet electric motor usually attached to the front of the boat) to troll for fish long before there were trollers on the internet trying to hook suckers (also a fish btw) into an argument.

    103. Re:Before anyone says anything about free speech by teh+kurisu · · Score: 1

      The whole point of the legislation seems to be to stop the former, not the latter.

      I don't have a particular problem with that. I think that if you want to express your opinions then you should be confident enough in the belief that your opinion is valid, to the extent that you can attribute that opinion to yourself. Free speech has consequences, and I think we should be ready to accept those consequences.

      In short, if you value privacy then I think you have to recognise that it comes at the expense of somebody else's freedom of speech, and vice versa.

    104. Re:Before anyone says anything about free speech by mpe · · Score: 1

      It simply states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech..." No law means NO law.

      One thing to note is that this prohibition is defined not by the text, title or even intent of the law. So much as how it is or (could be) applied. AFAIK this remains absolute, since no later ammendment provides for an exception. Which is highly relevent to the SlashDot "hot topic" of The DMCA.

    105. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Come on, we all know for sure he is full of shit.

      The notion that he wouldn't resort to legal redress if someone carried out a sustained campaign of such libel or slander is utterly laughable.

      lets submit the details of his vile nonsing to www.stayawayfrommykids.com

    106. Re:Before anyone says anything about free speech by bitt3n · · Score: 1

      Okay, I'll express the threats to your kids, that should be the most effective arrangement. I hope you have kids of, say, four to ten years of age. I can be real scary because I'm very large and have a very deep voice, and I'm a good actor. I'll be extremely threatening and ominous.
      That sounds fine, as long as you don't threaten to kill them unless they enjoy the delicious taste of Cocoa Puffs as part of a complete balanced breakfast.
    107. Re:Before anyone says anything about free speech by poser101 · · Score: 1

      Say you are at an electronics store and you are buying a computer. The salesman tells you that this computer has a 4ghz dual-core processor, 8gigs of RAM, dual tv tuner, windows vista ultimate edition, a terrabyte of disk space, top o' the line nvidia graphics card, etc. Tells you that you can only return it if it doesn't work. You buy it, take it home, start it up, and it has windows 3.1, 128mb RAM, a pentium 1 processor, 500mb hard drive, a radio antenna, and an onboard ega graphics card. He wins b/c he can say whatever he wants due to free speech, and you lose b/c it works and you can't return it.

      --
      The nice part about being a pessimist is that you are constantly being either proven right or pleasantly surprised.
    108. Re:Before anyone says anything about free speech by bobstay · · Score: 1

      In an ideal world, the speech would be protected, but the actions (discrimination, abuse, etc) of thoughtless people who act on the speech without having verified its accuracy would be punishable.

      Of course, that's not very practical, given human nature and the detectability of such actions, so instead the speech is punished (wrongly, IMHO).

    109. Re:Before anyone says anything about free speech by uglyduckling · · Score: 3, Insightful

      Free speech is one of the few things in life that is absolute. Either you have free speech, or you do not. Any sort of restriction, no matter how small, moves you from the category of having free speech to that of not having free speech.

      That very clever ideology, but it's profoundly wrong. All freedoms require restrictions in order to function. That sounds like a logical contradiction, but it's not.

      Imagine this: you and I are sitting in a room. Every time you open your mouth to speak, I scream "SHUT UUUUUUUUPPP!" at the top of my voice. I am abusing my freedom of speech in order to curtail yours. Based on your ideology it is necessary to allow that situation because we can't limit 'freedom'. In fact, the way to ensure freedom is to apply fair rules, such that exercising my freedom cannot unfairly curtail yours. The rules needed will depend on the context: in a public debate that may mean turn-taking, in a restaurant it may mean sufficient spaces between tables and removing anyone that behaves like I did towards you in my imaginary situation.

      Freedom without any limits or restrictions is a ridiculous myth. The difficulty is who gets to decide what rules are needed to provide freedom, who makes sure that the rules themselves don't become a kind of abuse, and who enforces those rules.

    110. Re:Before anyone says anything about free speech by comradeeroid · · Score: 1

      You'd be damn wrong. I would have no trouble convincing my family that you're a loon(not that you are really, unless you tried it), and to pay no attention. If you go beyond speech, then I will take the matter up with you.

      But would you ve able to convince your boss? Your co-workers? Your neigbours? The woman at the counter in the grocery store?
      These kind of rumours have been known to destroy peoples lifes in the past. And most likely will do again, no matter how eloquent you pride yourself to be. I highly doubt it's possible to protect yourself from rumours in an increasingly paranoid society. Let's say someone starts accusing you of supporting terrorism instead? Even if you're aquitted, would you be willing to face the kind of treatment that is reserved for "suspected terrorists" these days? Would that not end up hurting you? Would you not perfer to stop it before you're hit by the effects?

      Free speech is important, yes. But so are consequences. And when we're weighing consequences most just would prefer not to be a martyr for limtless free speech. Thus implying that free speech indeed can be regulated however vile the thought might appear at first.

      Same goes for spam. Most people do value the importance of free speech, but would still prefer if someone shut down the mailservers bombarding them with ceaseless advertisements for "GET H UGE KOCK WITH V IAG6RA!".

      --
      If you see a rock violating the law of gravity, then the law is wrong, not the rock!
    111. Re:Before anyone says anything about free speech by donscarletti · · Score: 1

      Fishermen do trawl, as well as use drift nets etc. Trolling is mostly done by amateur anglers who want to find something big rather than catch many fish, like a fisherman would do to pay his bills.

      --
      When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    112. Re:Before anyone says anything about free speech by PriceIke · · Score: 1

      Thank god I don't know you in real life. I'd never be able to believe a word out of your mouth.

      --
      It's not a lie. It's the truth with lossy compression.
    113. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      I am the GGP. The parent is a liar.

    114. Re:Before anyone says anything about free speech by KDR_11k · · Score: 1

      Yes but the point was that they don't guarantee completely unrestricted free speech, they already say that it's limited.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    115. Re:Before anyone says anything about free speech by savorymedia · · Score: 1

      These new laws are double plus good!

      --
      1 is the square root of all evil.
    116. Re:Before anyone says anything about free speech by operagost · · Score: 1

      Actually, satire and parody are protected. Anything else would be a creative work purely for profit and I can respect the rights of the creator to control his/her/its creation in that manner.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    117. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      So I'm fully allowed to market this miracle drink as a cure for AIDS (Even though it's only water that i'm selling) make millions before people realize I'm lying, and not get in trouble? Wow I would love to live in the world your in. In that case let me freely tell you that your an idiot, as well as a moron.

    118. Re:Before anyone says anything about free speech by Communomancer · · Score: 1

      Free speech is unconditional, or it isn't free.

      God I hate stupid people. Does your absolute, unconditional version of "free speech" exist _anywhere_ in the known universe? The kind of speech where, no matter what you say, there are no government-imposed consequences? Places where inciting a riot, impersonating a police officer, and lying on a witness stand are all legal?

      If not, then how about we ignore your ridiculous interpretation of the phrase "free speech" and instead use one that, say, other people use? I don't really care which one. Wikipedia's will even do, for now.

      --
      "UNIX" is never having to say you're sorry.
    119. Re:Before anyone says anything about free speech by MillionthMonkey · · Score: 1

      Um, that may be true about EU law but the story/article talks about "falsely representing oneself as a customer". Maybe the law only applies to corporations but a "customer" can be a corporation.

    120. Re:Before anyone says anything about free speech by iminplaya · · Score: 0

      I tell him to fire it up to verify his claim. I hope you can up with something better than that.

      --
      What?
    121. Re:Before anyone says anything about free speech by c00rdb · · Score: 1

      Great, so what the hell is your point? Whenever people use stupid expressions like "don't count your chickens" or "two birds with one stone", do you flip out and scream, telling them that what they're saying is technically wrong? Speech is regulated as it is for a reason. The freedom is relative, not absolute. Look at other societies such as China.

    122. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Wow. What a great, and slashdotwise speaking, original way to make good use of the first post.

      Slashdot is not dead, yet. Thank-you!

    123. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Does your absolute, unconditional version of "free speech" exist _anywhere_ in the known universe?

      Yep. It's right there, in black and white. Notice the part that says, "no law..."? That's as absolute as it gets. None of the annotations are in the amendment. What has been written is very specific and not open to interpretation. But arguing with a gun is senseless. Wikipedia is not the constitution. If you want restrictions, then WRITE them in. Don't just change the scope of the meaning to suit your desires.

      --
      What?
    124. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Belief does not make something true. No matter how many times it's said. No matter how many decide to believe. Those who ACT on false information are the ones to blame. That's what the law should serve to protect you from. If it doesn't, then the law is to blame, not the speaker.

      --
      What?
    125. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      These kind of rumours have been known to destroy peoples lifes in the past.

      That's precisely the kind of arguement thet gun control people use. To paraphrase the appropriate reply, Rumors don't destry lives, people who act on them do. The rumor is merely the gun on the table, and it's one that's just as likely to blow up in the user's face. But the guy who pulls the trigger is the assassin. If I live in a society that so easily acts on rumor and innuendo, then society has a much bigger problem than free speech.

      --
      What?
    126. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      We are reaching that point fast enough. Speech restrictions only accelerate the poccess.

      --
      What?
    127. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      ...the old snake oil sellers, they sold tonics and elixirs said to cure every from the common cold to sore backs to malaria; they didn't test their products, and there were no false advertising laws at the time, so they could say whatever they wanted.

      That's why we created the FDA, to verify the claims. If the FDA is working for the snake oil salesman, that's not the fault of free speech. We have many options before us. Enough to make restrictions on speech unnecessary. Let's use them.

      --
      What?
    128. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      One or the other. It's time to quit piddling around. Say what you mean, and mean what you say. It's pretty damn simple. Let's try to leave the doublespeak for the science fiction novels. However I do prefer true freedom of speech, and as opposed to government approved speech.

      --
      What?
    129. Re:Before anyone says anything about free speech by Ihlosi · · Score: 1
      If I live in a society that so easily acts on rumor and innuendo, then society has a much bigger problem than free speech.



      Hate to break this to you, but ... you quite likely do. And the worse the rumor, the more likely people are going to act on it.

    130. Re:Before anyone says anything about free speech by comradeeroid · · Score: 1

      That's precisely the kind of arguement thet gun control people use. To paraphrase the appropriate reply, Rumors don't destry lives, people who act on them do. The rumor is merely the gun on the table, and it's one that's just as likely to blow up in the user's face. But the guy who pulls the trigger is the assassin. If I live in a society that so easily acts on rumor and innuendo, then society has a much bigger problem than free speech.
      And in that case it won't come as a shocking surprise to you that I'm for Gun Control as well. Not that it matters much, since I live in a country that enforces gun control allready.
      But wether it's the rumour itself or the people who act on it who are the problem really is just petty semantics. The consequences are the same for the ones who are affected. Just like the similarity between being shot in the face by a gun and with a gun is that in both cases you're probably dead.

      Besides, using your own simile, the guy posting the rumour is effectively pulling the trigger and is hence the assassin. You may champion the cause of his right to killing people all you want, it still won't matter much to the dead.

      --
      If you see a rock violating the law of gravity, then the law is wrong, not the rock!
    131. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      So...How many pages should it take to define "no law?

      --
      What?
    132. Re:Before anyone says anything about free speech by benzapp · · Score: 2, Insightful

      Freedom without any limits or restrictions is a ridiculous myth.

      No, freedom itself is a myth. Freedom is something that was created so that the various slaves of the world would think they have control over their lives, despite the fact the few options available to them are controlled by persons other than themselves.

      Life is struggle, there is always some lifeform fighting to take your life away from you. Whether it is an infectious bacteria colony, a hungry wolf, or a roving band of rebellious drug lords, life is defined by the constant fight for survival against others. You must kill and overcome, albeit indirectly, to survive. Someone, somewhere must struggle against this earth to feed, cloth, and shelter you.

      There is always a master and a slave, and that is defined by one who is strong versus one who is weak. What you perceive as freedom is merely either a gift to control you, or you are the one in control of another.

      As Nietzsche said:

      Whether it is hedonism or pessimism, utilitarianism or eudaemonism - all these ways of thinking that measure the value of thing in accordance with pleasure and pain , which are mere epiphenomena and wholly secondary, are ways of thinking that stay in the foreground and naivetes on which everyone conscious of creative powers and an artistic conscience will look down not without derision, nor without pity. Pity with you - that, of course, is not pity in your sense: it is not pity with social "distress", with "society" and its sick and unfortunate members, with those addicted to vice and maimed from the start, though the ground around us is littered with them; it is even less pity with grumbling, sorely pressed, rebellious slave strata who long for dominion, calling it "freedom". Our pity is a higher and more farsighted pity: we see how man makes himself smaller, how you make him smaller - and there are moments when we behold your very pity with indescribable anxiety, when we resist this pity - when we find your seriousness more dangerous than any frivolity. You want, if possible - and there is no more insane "if possible" - to abolish suffering . And we? It really seems that we would rather have it higher and worse than ever. Well-being as you understand it - that is no goal, that seems to us an end , a state that soon makes man ridiculous and contemptible - that makes his destruction desirable .

      --
      I don't read or respond to AC posts
    133. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Nice try, but that would be considered creating a disturbance. That goes beyond speech into action that disrupts normal operations. You have a right to speak. You don't have a right to force people to listen. And you certainly don't have the right to damage someone's hearing with your amplifier. you have the right to be heard by those who want to hear you. You don't have the right to walk over somebody's television signal to inject your own.

      --
      What?
    134. Re:Before anyone says anything about free speech by jav1231 · · Score: 1

      Um...since when is "peace of mind" a right?
      I realize in today's society that being offended, uncomfortable, and such is considered evidence of a crime but only in the politically correct sense. It's still not right and not "a" right.

    135. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      There are other amendments to apply the same rules to the states.

      So a country that shot you...

      Huh?

      Oh, and welcome to my list. Looking forward to many productive conversations, now that you will be so easy to track.

      --
      What?
    136. Re:Before anyone says anything about free speech by uglyduckling · · Score: 1

      No, freedom itself is a myth. Freedom is something that was created so that the various slaves of the world would think they have control over their lives, despite the fact the few options available to them are controlled by persons other than themselves.

      Interesting, but do you actually have any evidence for that? Anecdotes will do :-). I would say that the descendents of those who were slaves a few generations ago do enjoy much greater freedom. Freedom does come at a cost - the freedom to get things wrong, to fail and live with the consequences, but to claim that it's a myth is nonsense. You're right that we all have to struggle to survive, but is that stuggle one where all have chance and opportunity, or where one group can oppress, exploit and abuse another? Is it a struggle where genuine effort is likely to lead to reward, or one where the whim of a powerful person can arbitrarily render the hard work of the weaker useless? I don't think we've acheived the ideal by any means, and certainly the Western world has many 'freedoms' at the expense of the less developed nations, but that doesn't mean that the concept of freedom is a myth.

    137. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Good that those reasonable limits are in place, huh?

      And that's the point of my rants. If the restrictions aren't written down, then they don't apply. The simplicity of such ideas appears to go right over most peoples heads. Exceptions to the rules MUST be spelled out. And nobody here is even making the feeblest attempt to understand it, as indicated by the moderation applied to the thread, in addition to the responses to my posts. It should be crystal clear what I'm arguing about. Evidently, people are interpreting my posts as loosely as they do the 1st amendment, and of course are completely missing the point. It explains many of the things I see around me.

      --
      What?
    138. Re:Before anyone says anything about free speech by fanpoe · · Score: 1

      Your boss makes hiring decisions based on random phone calls he gets? Wow. I'm going to apply for a job then get my aunt to call him and say I'm Jesus Christ incarnate.

      And, unless it's a catering job, exactly what good is that going to do?

    139. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      ...the guy posting the rumour is effectively pulling the trigger and is hence the assassin.

      The guy posting the rumor manufactured the gun and left it on the table. He didn't pull the trigger. That's a big difference. Are you one of those types that believe a manufacturer should be liable if the product is used to commit a crime? In addition to guns, how 'bout knives, and scissors, and automobiles, or a bar of soap? If something is used to commit crime, I want you to go after the perpetrator, not the tool he used. I want you to charge him with the crime, not the method used to do it.

      --
      What?
    140. Re:Before anyone says anything about free speech by DarrenR114 · · Score: 1

      Actually, yelling "fire" in a crowded theatre when there is no fire will get you arrested - this is not considered "free speech" even in the U.S.

      It is a matter of public safety, as people have actually died in human stampedes.

      --
      Been there, Done that, Sold the t-shirt to the next idiot in line
    141. Re:Before anyone says anything about free speech by Chris+Burke · · Score: 1

      Within limits, a corporation shares a large subset of the rights and responsibilities of a person, the name itself being derived from the Latin term for body, definitively meaning that a corporation is to be treated as somebody.

      "definitively meaning" that a corporation is to be treated as a human being?! Because the root word in Latin means "body"? So I guess we should grant the collection of legislators and politicians itself person status because we sometimes refer to the "body politic". Little did I know that my car was an engine, a steel frame, and a plastic body, ergo a "somebody" riding around on the frame. Oh, and my C code is full of individuals who should be granted full rights, because each of my functions has a body! Body has many meanings, many things which have a 'body' are inanimate, and especially things which are derived from another language should not be assumed to have literally the same meaning.

      Nobody thought a corporation 'is to be treated as somebody' in the old days. It wasn't until a Judge decided that the word "person" in the non-Constitutional term "corporate person" was the same as the term "person" in the 14th Ammendment. The actual term was created well before that, and the "definitive meaning" didn't involve Constitutional rights.

      In other words, we handed human rights to a non-human entity because of a pun.

      --

      The enemies of Democracy are
    142. Re:Before anyone says anything about free speech by Communomancer · · Score: 1

      Well, I wasn't asking about what was promised, just whether this absolute freedom you seem to be describing actually existed anywhere. You know, the one in which impersonating a police officer and perjury aren't crimes.

      But if you want to look at paper, the Constitution says that Congress shall pass no law _abridging_ the freedom of speech. "Abridging" mean "cutting short" or (in legal terms) "prior restraint". It makes no promises about what happens to people _after_ they speak, only that Congress shall not prevent them from doing so. This _literal_, black-and-white interpretation of the Constitution is what has been traditionally upheld by the courts (as far as I know, prior restraint is generally only implemented for "national security" reasons, not that I necessarily agree with those).

      I don't generally care for "black-and-white" interpretations of the text of the Constitution, but I find it funny that they don't even often mean what their promoters think they do.

      --
      "UNIX" is never having to say you're sorry.
    143. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      "100% Overrated"

      Yeah the simple solutions often are overrated. Sadly, I suppose that's why they are never applied and frequently ignored.

      --
      What?
    144. Re:Before anyone says anything about free speech by durdur · · Score: 2, Funny

      >Corporations claiming human rights is a feature of the US legal system.

      Feature, or bug?

    145. Re:Before anyone says anything about free speech by benzapp · · Score: 1

      How do you get your food? Are you a farmer? Do you own a farm? If you do, who protects your farm from those who would deprive you of your farm output?

      You aren't free. You cannot simply decided one day you don't want to participate in the game. You will starve. And this is exactly the way the peaceful people want it to be. You have renounced violence and real struggle as a legitimate means of enforcing status and power - despite the fact you bow to a power you cannot control.

      The only man who is free is one who has a large enough to ensure his power, and enough slaves to free himself from the burden of work.

      You are only alive because someone has decided to let you live. They have decided to let you live for a reason. Never forget that. You too are a slave. Just because you can spend an hour a day posting on slashdot doesn't mean you are free.

      For further reading, read more Nietzsche like I quoted, or read up on the Athens versus Sparta debate.

      There is of course, Plato's Republic.

      --
      I don't read or respond to AC posts
    146. Re:Before anyone says anything about free speech by Dog-Cow · · Score: 1

      Remember that when someone assembles a bomb and leaves it where your family is sure to trigger it. That person is just the manufacturer. They didn't do anything wrong.

      Do you also absolve the hundreds of parents who leave firearms where kids can get them? After all, the parent didn't pull the trigger.

      You are completely ignoring human behavior as demonstrated by thousands of years of history by claiming that merely saying something is not harmful. The FACT that people who hear the words are going to be affected is what makes such speech harmful.

    147. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      I'm thinking Jesus Christ might be able to get a job in a hospital pretty easily.

      Hiring doctor: What experience do you have in the medical profession?
      Jesus: Well, as stated in the gospel of Matthew I cured a leper of leprosy, a servant of his paralysis, and Peter's mother-in-law of a fever.
      Hiring doctor: Not bad, not bad at all.
      Jesus: Oh, and there was that little thing in the gospel of John where I raised Lazarus from the dead.
      Hiring doctor: ...
      Jesus: Do I get the job?

    148. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      And I'll be very, very convincing. I can make a very convincing sociopath.

      If it looks like a duck and quacks like a duck...

    149. Re:Before anyone says anything about free speech by dorkygeek · · Score: 1

      In addition to guns, how 'bout knives, and scissors, and automobiles, or a bar of soap?

      Yeah, right. Call me again when I am able to conceal my car in my jacket, walk up to your appartment on the fifth floor and drive over you.

      There are differences between things, and that's what you don't to get. You seem to be one of those yes-or-no persons, which are not capable of analysing problems on a sliding scale. Hence, you are unable to find a compromise fitting the current reality.

      And compromises are what makes society work. Society changes, so the compromises have to change. If you see everything in black and white, you're nothing more than a fundamentalist, which are not really known for furthering our society as a whole.

      --
      Windows is like decaf - it tastes like the real thing, but it won't get you through the day.
    150. Re:Before anyone says anything about free speech by dorkygeek · · Score: 1

      Free speech is unconditional, or it isn't free. Claiming to have free speech when you don't is fraudulent. There is no "a little pregnant".

      Heh, sorry, but I always laugh my ass off when I hear this "argument". Because it isn't one. Using your reasoning, I could also claim:

      Free speech is not unconditional. There is such a thing as "a little hungry".

      You see, you're argument is not an argument, and is therefore invalid. Discussion closed. Go update your rhetoric skills.

      --
      Windows is like decaf - it tastes like the real thing, but it won't get you through the day.
    151. Re:Before anyone says anything about free speech by Austerity+Empowers · · Score: 1

      It depends on if you are a robot attempting to gain human rights, or if you're just a collection of greedy bastards trying to get the law to protect you from your own misdeeds.

    152. Re:Before anyone says anything about free speech by WolfWithoutAClause · · Score: 1

      But you said free speech has no limits? Suddenly it has limits? You can't electronically amplify speech? Does being able to pretend to be several different people online count as an amplification? How about the fact that you are often without any way to check their true identity? Doesn't that cause a disturbance to normal commerce?

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    153. Re:Before anyone says anything about free speech by Geak · · Score: 0

      Guess this guy can't blog in the EU now...

      http://en.wikipedia.org/wiki/Ed_the_sock/

    154. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Oh wait... maybe free speech ISN'T an absolute.

      Or maybe it IS an absolute, and your concept of "absolute" is wrong.

      To jury-rig a common libertarian saying: your right to swing your fist is absolute, within the space circumscribed by the length of your arm minus any other people's noses within range.

      A free society does not "limit" rights; rights are absolute within a finite context. For free speech, fraud or shouting "fire!" in a crowded theater lie outside that context.

      The Founders understood this; to them, it was self-evident. Men of that era could not conceive of the possibility that the biggest threat freedom would face would be Orwellian-style corruption of the very concepts underlying it.

    155. Re:Before anyone says anything about free speech by greenrd · · Score: 1

      Right, because no-one would ever think of hacking Windows to report a false hard drive size. What are you going to do, bring in a bunch of DVDs and start copying them on to the hard drive to see if it gets full? Come on...

    156. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      I wonder if defaming yourself under an assumed name is protected speech...

    157. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      And if there IS a fire, shouting it (assuming the rest of the people don't know already) can get you killed for that reason (stampede); so better to run, saving yourself, and let them know when it is safe for you to do so.

    158. Re:Before anyone says anything about free speech by Goaway · · Score: 1

      Thanks for the non-sequitor.

    159. Re:Before anyone says anything about free speech by HalliS · · Score: 1

      It's just that we're not really talking about European Human Rights legislation here (Council of Europe, European Convention on Human Rights, European Court of Human Rights).

      The legislation in question concerns the harmonization of European Consumer Protection by the European Communities (EC), which is a part of the European Union (EU). It's implementation by the member states of the EU is subject to the supervision of the European Court of Justice (ECJ).

      And while Human Rights certainly form a part of the whole EU legal framework, legal persons can without a doubt claim protection under it.

      The legislation in question here can in fact be seen as a justifiable infringement of legal person's freedom of expression on the grounds of consumer's interests weighing more.
      The same goes for product placement on TV within the EU - consumers must be notified beforehand about such advertisement for it to be legal. I suppose these "puppet blogs" would be deemed legal if they would inform readers properly about the reasons for their existence. Interests of legal persons are protected in Europe, but they must often give in to bigger interest of the public.

      Human Rights certainly give legal persons priveliges and impose on them (indirect) duties in Europe. Under the European Convention on Human Rights (the legal framework we're not talking about here), the freedom of expression for an example applies to everyone, and is closely linked to the freedom and the right of the public to receive information. It is in fact seen as the duty of the press "to impart [...] information and ideas on all matters of public interest"[1]



      Other rights of legal persons include e.g. the right to fair trial and right to private life (reg. raids, protection from self-incrimination etc.)

      [1] See e.g. De Haes and Gijsels v. Belgium, Judgement of 24 February 1997, no. 19983/92, para. 37.

      --


      My other UID is 1337
    160. Re:Before anyone says anything about free speech by turbidostato · · Score: 1

      "Are you one of those types that believe a manufacturer should be liable if the product is used to commit a crime?"

      I'd do, if the purpoused finality of the product is to kill people, like guns are. Don't you USA people have laws banning "objects" which main use is piracy?

      "In addition to guns, how 'bout knives, and scissors, and automobiles, or a bar of soap"

      The way they are properly used is not killing people. Guns are. GM don't produce killer machines, even if they do kill people, even on purpouse sometimes. Colt do.

      "If something is used to commit crime, I want you to go after the perpetrator, not the tool he used"

      That's naive. Law is full of cases of shared responsibility. Of course the shooter is the *main* responsible for the death, but the killer machine producer certainly has a (minor) part on it just as when someone pushes some other through a too fragile windows protection: the first one is a killer, the second one co-responsible on the amount of the damage. Don't you want to share such criminal responsibility? OK: stop producing hand guns and go after the teddy bear market for instance.

    161. Re:Before anyone says anything about free speech by turbidostato · · Score: 1

      "I don't care where it is. The original post still stands. Free speech is unconditional, or it isn't free."

      OK, no problem. This law has NOTHING against free speech. You can say whatever you want. You (your company) can make up a blog simulating you are a satisfied customer; no problem on that.

      It is AFTER you have already talked when government will act upon your words.

      It is like free market: you can buy whatever you want, but then you will have to cope with the consecuencies (you will have to pay the agreed amount of money). Here there is no kind of previous censorship: you are free to say whatever you want (and then, you will have to pay the price).

    162. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      And compromises are what makes society work. Society changes, so the compromises have to change.

      No problem, but instead of reinterpreting the written law to reflect the whims of society, rewrite the law to reflect the changes. There is a standard process for doing so. Use that, instead of bitching at me for reading the law as written. This attempt to change the meaning of words is just laziness. It is laziness and dangerous(but you won't see that until it's too late.) to use implied restrictions that can be changed at any time instead of actually codifying them into the law. The very original post still stands quite well on its own. Free speech has NO conditions. We don't have free speech. We have government approved speech that happens to be fairly liberal in the US and some other places. You all need to accept that. Call it what it is, not what you were told in 3rd grade history.

      -iminplaya - shutdown for not going along with groupthink

    163. Re:Before anyone says anything about free speech by Trogre · · Score: 1

      Last time I checked, knives, scissors, automobiles, and soap all have legitimate uses beyond assisting the termination of life.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    164. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      the freedom of expression for an example applies to everyone, and is closely linked to the freedom and the right of the public to receive information.
      ... except on the topics not allowed by the European comissars.
    165. Re:Before anyone says anything about free speech by rtb61 · · Score: 1

      Slander only relates to the expression of facts, your 'opinions' no matter how damaging they are, are your opinions and you are legally entitled to them. So you a quite free to say you in your opinion you consider Steven Ballmer the CEO of Microsoft to be a lying drunk however you are not entitled to declare it as a statement of fact no matter how much his behaviour tends to indicate the possible reality of the statement (this wording is also quite legally safe), unless of course you have sufficient proof to defend the statement in court (this holds to most countries and especially the US which has the weakest laws regarding slander of most modern democracies).

      --
      Chaos - everything, everywhere, everywhen
    166. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Obviously you misinterpret my post as badly as you all misinterpret the phrase "no law". What you describe is not speech, but since you decided to ignore the statements made to that effect in my post, I'll have to assume you're not listening at all.

    167. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      Don't you USA people have laws banning "objects" which main use is piracy?

      That and drug paraphenelia. That doesn't mean I approve, in fact I don't.

      The way they are properly used is not killing people. Guns are.

      Damn! I guess I better stay away from the range, huh?

      Law is full of cases of shared responsibility.

      Doesn't make it right. It just makes it easier to violate the law with reduced penalties for the perpetrator and other stupid people. You don't blame the tool for how it's used. I don't care for what it was made. The fact is that the operator is to blame, barring any malfunction or defect. How can something so simple fly so high over your heads? You're simply passing blame to cover your own ass. It's no wonder your politicians do the same thing. They are a perfect reflection of all of you. You all can piss and moan about my attitude all you want, but it's not my attitude that created this wonderful world of war we all live in. It is your own failure to properly interpret your written words, that causes your problems with your laws and your society. You can make it all good by using proper procedure to amend your laws to put into place the restrictions you so easily imply and expand on the slightest whim.

    168. Re:Before anyone says anything about free speech by Atlantis-Rising · · Score: 1

      Actually, I find it ironic- because what you're claiming is, indeed, exactly what I claimed in my parent post; that constitutions where the exceptions are clearly and specifically laid down are actually stronger legal documents than those that have useless 'blanket' clauses.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    169. Re:Before anyone says anything about free speech by Ihlosi · · Score: 1
      While England doesn't spell out its free speech rights as absolutely as the US,

      The first amendment keeps Congress from abridging the freedom of speech and such. What keeps individual states from doing so, if they did not put any similar statements into their constitutions ?

    170. Re:Before anyone says anything about free speech by turbidostato · · Score: 1

      "Doesn't make it right. It just makes it easier to violate the law with reduced penalties for the perpetrator and other stupid people."

      How in hell? Specially in a country that, like yours, has death penalty.
      Mr. X: You've been found guilty of murdering, so you will be hang out by your neck till you die. On the other hand, Smith&Colt (or Colt&Wesson-Koch, or whatever) is held co-responsible under the basis of manufacturing deadly weapons, and so it will pay one million dollar to the victim's widow.

      "You don't blame the tool for how it's used."

      Heck no! when it is a problem with the design of the tool you can bet I blame the tool and the one that built it. When you build an hydraulic press with no security button you can bet I'll blame the manufacturer with regards of the cutted-off hand of the worker (maybe the worker and his boss are guilty too in different degrees, but certainly the machine maker is part of the equation). And the design problem with a short tactic hand gun it is that it's main function is to kill, and to kill specifically people.

      "I don't care for what it was made."

      I *do* care what it was made for. Indeed a most basic pillar in justice is "what was done and what was done for". Since it is not the same killing someone by accident than killing her on purpouse I see perfectly fitted to consider it is not the same selling cars and having a car being used to kill someone than selling short guns and having a short gun being used to kill someone (after all, its main purpouse).

      "The fact is that the operator is to blame, barring any malfunction or defect."

      I consider there is a "defect" on selling tools directly aimed to kill people.

      "You're simply passing blame to cover your own ass."

      You won't find a single statement where I said that co-responsibility from the gun manufacturer diminish my own guiltiness if I kill someone on purpouse.

      "They are a perfect reflection of all of you."

      You seem to prejudice a bit too much. The discourse you say I sustain is certainly not the discourse I do sustain.

    171. Re:Before anyone says anything about free speech by comradeeroid · · Score: 1

      The guy posting the rumor manufactured the gun and left it on the table. He didn't pull the trigger. That's a big difference. Are you one of those types that believe a manufacturer should be liable if the product is used to commit a crime? In addition to guns, how 'bout knives, and scissors, and automobiles, or a bar of soap? If something is used to commit crime, I want you to go after the perpetrator, not the tool he used. I want you to charge him with the crime, not the method used to do it.
      This is slashdot after all, so I shouldn't be entirely surprised that you're 100% (that's metric percentage btw) binary. But that's ok. Call me again when you find a 100% binary world to live in.

      Clearly our way of seeing how rumours work is diffrent, that might be because of cultural diffrences or something. However, I feel my view is firmly based in reality as opposed to yours. Byt YMMW.

      --
      If you see a rock violating the law of gravity, then the law is wrong, not the rock!
    172. Re:Before anyone says anything about free speech by comradeeroid · · Score: 1

      The thing you totally neglect here is intent. You fail to understand, probably by choice, that a rumour is manufactured for a purpose. It's not neutral like a car or even a gun (which contrary to popular belief don't kill people out of themselves but definitely facilitate the actual killing a lot). A rumour that you are a child molester is put out there with the purpose of harming you. Thus is more appropriate comparable to the aiming of a gun and the pulling of a trigger. Your simile with manufacturing the gun and/or putting it on the table would be more akin to planting an article about child molestation with the name of the offender replaced by a blank space and then your calling card and a pen for anyone to complete the rumour for themselves.

      --
      If you see a rock violating the law of gravity, then the law is wrong, not the rock!
    173. Re:Before anyone says anything about free speech by Anonymous Coward · · Score: 0

      -iminplaya - shutdown for not going along with groupthink
      So sue, asshat.


      P.S. Har har!

    174. Re:Before anyone says anything about free speech by mrchaotica · · Score: 1

      Let me remind you of the examples given in the post I was replying to:

      I wish to know the phone number to your family so that I may inform them of your constant molestation of the young boy who lives near your house. Or maybe get one of your female co-workers to claim you sexual harassed her.

      Those are statements of fact, therefore the slander laws would apply.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    175. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Do you also absolve the hundreds of parents who leave firearms where kids can get them? After all, the parent didn't pull the trigger.

      Parents are responsible for the actions of their children until they reach "legal" maturity. Even for what they say. People who can't control their actions are the same types that will tell you, "The devil made me do it." Now if you're willing to say that we don't have a free will, then we can move on to a possible solution. But free will means self control. If you can't control yourself, I can guarantee you that offense speech is not the real problem. But controlling it with law is the easy solution for the lazy who can't control their own behavior, so they feel the need to control others.

      --
      What?
    176. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      "Useless" blanket clauses are still much better than vague buzzwords like "crime" and "disorder". Unwritten restrictions are just as bad. The restrictions must be specific and precise. There is no vagueness in "no law". It doesn't get more precise than that. I want the same precision from the law as it demands from me while fighting off politically motivated trumped up drug or sexual offense charges.

      --
      What?
    177. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      define "no law". And make it specific and precise.

      --
      What?
    178. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Reality is based on perception. There is nothing else you can possibly base it on. And two people with the same perception or point of view does NOT make something anymore real. It just means that they agree.

      --
      What?
    179. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      I don't generally care for "black-and-white" interpretations of the text of the Constitution, but I find it funny that they don't even often mean what their promoters think they do.

      Then who is anybody to decide what the constitution means? Just take the written words at their face value. What is there to make anybody think that THAT was not the framers' intentions? The qualifiers and restrictions belong on paper, not the now empty skulls of a bunch of dead guys, and they belong specifically in the constitution, not some long lost notes. If the framers believed that "no law" requires qualification, they should have written them in. But they didn't. So, for me, the law stands as written, and what is written is, "...no law..."

      --
      What?
    180. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Too bad you feel that way. I'm lots of fun to be with :-) I generally don't get too mad, unless the waiter is too slow bringing the drinks.

      --
      What?
    181. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Speech is regulated as it is for a reason.

      Regulating speech is against the law(the annotations are NOT the law) in the US. No matter how badly the judges read it. They are in violation and should be removed from the bench, AND they should be charged with violating their oath, which is to uphold the written law.

      --
      What?
    182. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Yes but the point was that they don't guarantee completely unrestricted free speech...

      Unlike the Americans. Too bad there's nobody that will honor the guarantee. That EU law looks more like Chinese law than anything else. It guarantees nothing. The illusion seems to work pretty good for the person you responded to.

      --
      What?
    183. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      No but a gun to back it up sure as hell will, if that's what it takes to defend my right to say what I want, and protect myself from dumbasses who can't control themselves. Fight fire with fire as the case may be. It's a perfectly valid way to defend the written law. Cops use them all the time. If you can't accept the 1st amendment thet way it was explicitly written, and you can't take the words at face value, then change the damn thing. Don't go making up restrictions that aren't there. "no Law" implies nothing. It obligates the government to protect my rights as stated from precisely any consequences you may wish to inflict. Unless you simply respond with more speech.

      --
      What?
    184. Re:Before anyone says anything about free speech by iminplaya · · Score: 1

      Pay it no mind. Slashdot moderation is political hogwash. I just don't belong to the right gang. And the status quo must be maintained at all costs. It's worth it for me to spill a little karma to get the message out. And usually I prefer to talk to people who disagree, even when they run off on silly tangents, or try to apply analogies that make absolutely(damn word keeps coming up) no sense whatsoever. I doubt I'll ever get a direct meaningful answer to the original statement, but's it's always worth the effort. Maybe next time, who knows. I found the whole thing extremely enlightening. It explains so much about our present condition. It also shows that the slashdot crowd is just like every other crowd. That part is a bit of a disappointment. I don't know why, but I expected more from them for some reason.

      --
      What?
    185. Re:Before anyone says anything about free speech by jcr · · Score: 1

      Being offended and being subjected to fear through threats are very different things. Calling someone a nigger (for example) is offensive, saying "I'm going to kill you, nigger" is both a crime, and a tort. Look up the definition of "assault".

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    186. Re:Before anyone says anything about free speech by comradeeroid · · Score: 1

      Ah yes, semantics is of course always a fun topic, though it's verging on the border to "off" here.

      --
      If you see a rock violating the law of gravity, then the law is wrong, not the rock!
  2. And how? by Pig+Hogger · · Score: 1
    And how one poster will be detected as a sock???

    Technology seems to be lacking, here...

    1. Re:And how? by ChromeAeonium · · Score: 1

      They'll probably have button eyes and smell like feet. Oh yeah, and massively overplay their part, see 'All I Want for Xmas is a PSP' for reference.

    2. Re:And how? by ZombieRoboNinja · · Score: 2, Insightful

      I don't think it's really intended to catch every single abuse. It's intended that when a big scandal comes to light, like that "All I want for Xmas is a PSP" crap, the company gets in some legal trouble for it. (Although realistically, this probably just means that such companies won't 'fess up as easily.)

    3. Re:And how? by Bloke+down+the+pub · · Score: 1
      Oh, at last we're finished with the "it's unconstitutional" "no it isn't" "the UK isn't in the US" are we?

      You're right. There's no way they'll be able to trace the shills, companies wanting to do this will just do it via multiple intermediaries.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    4. Re:And how? by aussie_a · · Score: 1

      Actually given how much PSPs are that could be all a lot of children get. They'll have to wait for their birthday before they get a game.

    5. Re:And how? by edittard · · Score: 0

      companies wanting to do this will just do it via multiple intermediaries
      So will this bill put Roland piquepaille out of business? Or make him a millionaire?
      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
  3. This will end well by heinousjay · · Score: 5, Funny

    Regulating the internet usually works incredibly well. This is sure to do everything it is intended to do.

    --
    Slashdot - where whining about luck is the new way to make the world you want.
    1. Re:This will end well by zappepcs · · Score: 1

      Yes, and better that if fail miserably right off the bat than to linger around and act as a foothold for all those that think they can regulate other parts of the Internet.

      Hopefully, here in the US someone grabs the spirit of revealing sock puppet websites to ferret out the political sock puppet websites in the upcoming election.

    2. Re:This will end well by larry+bagina · · Score: 1

      Like slashdot posting news about Obama Barack formally announcing that he is running for President?

      Oh wait that was news for nerds because he wants broadband for everybody, just like every other politician in the last 7 years.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    3. Re:This will end well by Anonymous Coward · · Score: 0

      It's not regulating the internet, it's regulating the companies that operate in the UK.

    4. Re:This will end well by Jugalator · · Score: 1

      I see your sarcasm, but there has actually been identified cases of astroturfing from major companies like Sony with PS3 blogging. I think it'll help in these high profile cases, because they probably wouldn't want to risk a scandal by hiring a third party blogger that was later revealed to work for Sony.

      But you're right in that it won't help much in companies advertising products, where the company was already shady to begin with.

      --
      Beware: In C++, your friends can see your privates!
    5. Re:This will end well by Anspen · · Score: 1

      Well, they're not so much regulating the internet (in that case they would have to require al bloggers to post proof of their identity or something like that), they're regulating what corporations can do. It's difficult to enforce things on the internet. It's a lot less difficult prosecuting firms when it turns out they've been conning the public. In all likelyhood the measure is menat as a detterent.

  4. Your going to ban me??? by Anonymous Coward · · Score: 0
    1. Re:Your going to ban me??? by KDR_11k · · Score: 1

      No, just your blog.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  5. Definition? by Anonymous Coward · · Score: 3, Informative

    I don't think 'sock puppet' is a particularly good term to describe what's apparently being described. You want 'astroturfing', I think, or maybe some subspecies of marketing virus.

    The sock meme has always been personal rather than corporate, as in the Wikipedia entry:

    ...an additional account of an existing member of an Internet community to invent a separate user. (Not well-worded either, alas, but the point is there under the clumsy verbiage.)

    1. Re:Definition? by MishgoDog · · Score: 1

      (Not well-worded either, alas, but the point is there under the clumsy verbiage.) Hey! It's wikipedia - if you don't think it's well worded, reword it!
    2. Re:Definition? by Anonymous Coward · · Score: 0

      I will, I swear. Just as soon as I char-gen a fresh wikisock.

    3. Re:Definition? by Tablizer · · Score: 1

      I don't think 'sock puppet' is a particularly good term to describe what's apparently being described. You want 'astroturfing'

      Agreed. When I think of sock puppets, this comes to mind: http://youtube.com/watch?v=nXHrlm5Nk5w

    4. Re:Definition? by Duggeek · · Score: 1

      I don't think 'sock puppet' is a particularly good term to describe what's apparently being described.

      On the 'Net, nobody knows you're a sock.
      In that light, the term "sock-puppet" works for me!

      You want 'astroturfing', I think, or maybe some subspecies of marketing virus.

      I suspect you meant "viral marketing", and you'd be correct. The biggest diff' is that viral marketing takes on a "life of its own". What we're talking about here is a deliberate deception on the part of the marketeer; not a necessary part of viral marketing.

      I'm going to object to the "astroturfing" remark. Though I acknowledge the parallels in something-fake-that-looks-like-something-real, I believe there are truly situations that deserve AstroTurf in lieu of natural grass. (like the porches of trailer homes)

      In life, there is no situation where it's appropriate to fake your own merit or publicity; it's in bad taste the first time, the next, and every time thereafter. The analogy then, would be broken.

      If we're going to bring to light a new, "viral" term that is to describe this action, (if not "sock-puppetry") then how about "dummyism" (e.g., lone drivers that strap a mannequin or other anthromoph to the passenger seat in order to take the HOV lane during rush hour) or "clonateering" or "avatar abuse"... something like that?

      --
      This post © Copyrite Duggeek, all rights reversed.
  6. Corporate personhood... by RyanFenton · · Score: 5, Interesting

    Are corporations considered legal persons in Europe in general? If not - then good on you, Europe - you have the possibility of standing up to corporations and being legally consistent in cases like this.

    Here, in order to enact a law like that, we'd have to take away the right from everyone, else have it overruled by courts.

    Ryan Fenton

    P.S. Yes, I do want to 'oppress' corporations, whenever they are in contest with the interests of most citizens.

    1. Re:Corporate personhood... by Turn-X+Alphonse · · Score: 2, Interesting

      At what point did ANYONE think it's sane to consider a corporation a person any way?

      I mean do we go "Oh there's that Christian person again" or "there is that Islam person again"? A group of people is a group of people, they are NOT mini parts of 1 entire person.

      --
      I like muppets.
    2. Re:Corporate personhood... by Andrew+Aguecheek · · Score: 2, Informative

      Companies are considered people because this enables them to limit their financial liability and encourages their directors to take greater risks. This in turn encourages innovation and is good for the economy. Courts are usually unwilling to go behind the corporate veil, but will do so in cases of serious fraud and the like.

      If we are going to have a market driven system, this is arguably the best way to do it, though of course since there is less deterrent against irresponsible behaviour, it does require heavy legislation to ensure that the power a corporation has is not abused or used negligently.

      --
      Tomorrow, I may eat another house plant
    3. Re:Corporate personhood... by RyanFenton · · Score: 5, Funny

      Troll moderation? What the hell? Was someone out there thinking "Hey, my Mother was a corporation, you jerk!"

      Ryan Fenton

    4. Re:Corporate personhood... by Anonymous Coward · · Score: 1, Insightful

      Slashdot has a significant population of, well, crazy Libertarian types. Hop over to any of the frequent global warming threads for evidence of this. Suggest that the free market doesn't solve all the problems in the world, or that some corporations might do bad things, and they react very badly.

    5. Re:Corporate personhood... by Max+Littlemore · · Score: 1

      Hey, as a member of the oldest profession in the world, the moderators mother was incorporated, you insensitive clod!!!

      --
      I don't therefore I'm not.
    6. Re:Corporate personhood... by Ullteppe · · Score: 1

      In most cases corporations get all the benefits of being a "person", but none of the negatives (there are some corporations who have done such heinous things, they should have been sent to jail for 800 years). This is of course to protect the owners. If owners were responsible for what their corporation did, they'd be a bit more careful...

    7. Re:Corporate personhood... by geminidomino · · Score: 0, Offtopic

      I mean do we go "Oh there's that Christian person again" or "there is that Islam person again"? A group of people is a group of people, they are NOT mini parts of 1 entire person.

      That depends... are they preaching and making personal threats that I like to sleep with my SO despite the fact that we're not married? If they are, you're very likely to hear me utter something along the lines of "Damn Christians"... Unless they're still in earshot, in which case there will be far more vitriolic invective in use...

    8. Re:Corporate personhood... by Carewolf · · Score: 1

      No. ASFAIK* only in the US are corporations considered people. Everyone else in the world can tell the difference.

      * There might be another crazy country somewhere, but no EU country does it

    9. Re:Corporate personhood... by dunkelfalke · · Score: 1

      in germany, corporations are "juristische personen", which is the equivalent of a "legal person". it is no problem though to difference between legal and natural persons. legal persons have less rights than natural persons anyway. it is even possible to make different laws for different types of legal persons, so i don't see why everyone should lose rights.

      --
      Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
    10. Re:Corporate personhood... by dunkelfalke · · Score: 2, Insightful

      sorry but you are wrong. legal persons exist eu-wide, and it is even distinguished between legal persons of public law (the state itself, its municipalities, public universities etc) and legal persons of private law (private charities, corporations etc).

      in germany there even exist so a called quasi-legal person. it is a business partnership (kommanditengesellschaft, offene handelsgesellschaft) which is not a real legal person but still meets a definition of a person (a person is defined as bearer of rights and obligations).

      --
      Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
    11. Re:Corporate personhood... by vistic · · Score: 1

      ...the Baby Bells?

    12. Re:Corporate personhood... by mazarin5 · · Score: 1

      It's my understanding that the original point of corporate personage was solely to make corporations liable for their actions. Previously, most businesses were owned by one or two people; if that business did something wrong, you would sue the owner. Once corporations became a popular model, it was difficult to find the right person to hold responsible for any wrongdoing. Corporations then became "people" because that was the only way you could sue anyone. It's only recently (in the scope of incorporation) that personage was taken to mean rights and benefits as well.

      --
      Fnord.
    13. Re:Corporate personhood... by Tom · · Score: 2, Informative

      In most european countries, there are two kinds of "personhoods". Natural persons are you and me, while corporations but also clubs and other kinds of organisations are legal persons. The difference is recognized, though it is seldom made explicit in the laws.

      --
      Assorted stuff I do sometimes: Lemuria.org
    14. Re:Corporate personhood... by sndoc · · Score: 1

      Oh. So companies have the right to vote, whetever "here" is ?

    15. Re:Corporate personhood... by Anonymous+McCartneyf · · Score: 1

      Ah. That's good to know. It explains a lot.
      You recall that America had a Civil War. After that, it determined that black people were persons. America then passed the 14th Amendment, which says that the states must ensure that all persons in their jurisdiction had equal access to rights & protections. This was meant to prevent states from treating blacks as second-class people; as we all know, that didn't work quite as well as it should have.
      In the meantime, a creative Supreme Court decided that the 14th Amendment applied to incorporated legal persons. After all, it said states had to treat all persons fairly, right?
      For this reason, America cannot keep as tight a leash on its corps. as the EU keeps on its. Because it once had more than one type of legal human person, America is not supposed to make different types of laws for different types of legal persons.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    16. Re:Corporate personhood... by Anonymous+McCartneyf · · Score: 1

      No, corporations cannot vote, because they are not citizens. We humans may all be thankful for that.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    17. Re:Corporate personhood... by jez9999 · · Score: 1

      If we are going to have a market driven system, this is arguably the best way to do it

      Howso? Surely the risk is just displaced from the company doing something potentially stupid to the company/consumer(s) using the services of said company; no personal liability, and when the bank account runs dry, the customers are left in the lurch?

    18. Re:Corporate personhood... by Tim+C · · Score: 3, Insightful

      Companies are considered people because this enables them to limit their financial liability and encourages their directors to take greater risks.

      In what way does that require the corporation to be a person? Surely it's just as easy for the law to say "directors and other employees of corporations are protected from personal financial liability in the event of corporate financial liability" as it is to say "corporations are people"? The former, while possibly becoming a long list, limits the protection and rights to exactly what they need to be. The latter potentially opens up all sorts of problems.

      To draw an analogy to computing (yes, I realise that's the wrong way...), when setting up a firewall you don't allow all except known bad stuff, you block all except known good stuff. It's a little more work, but a damn sight safer in the long run.

      Treating corporations as people is a shortcut that leads to all sorts of potential abuses and excesses. It's not even as though your country has a shortage of people able and willing to sit down and thrash out the details of a saner law...

    19. Re:Corporate personhood... by dunkelfalke · · Score: 1

      to be honest, i doubt that this is the case.
      can a legal person in usa marry or become a citizen and vote?

      --
      Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
    20. Re:Corporate personhood... by sndoc · · Score: 1

      Well, that's the point : RyanFenton "informative" post is completely wrong, companies do not have the same rights as humans, and free speech does not apply to them. Even in the US. Fortunately for everybody.

    21. Re:Corporate personhood... by VJ42 · · Score: 1

      Because it once had more than one type of legal human person So did Germany (well they had more than one type of person, but it wasn't really legal to be one), but as the GP said they manage. I'm not entirely familiar about corporate law here in the UK, but we can certainly distinguish between them and "normal" people. US law in this area is just screwed up, albeit for good historical reasons (I'm not US bashing, we've got many screwed up laws here in the UK as well).
      --
      If I have nothing to hide, you have no reason to search me
    22. Re:Corporate personhood... by LordVader717 · · Score: 1

      Companies are considered people because this enables them to limit their financial liability and encourages their directors to take greater risks. This in turn encourages innovation and is good for the economy.


      What has this got to do with calling corporations "people"? The individuals who own a company are protected because they are people.
      Seriously, is the only point of considering a corporation a person because of financial liability? Why not just do a law about corporate liability?

      Giving a company "human rights" is just plain stupid.
    23. Re:Corporate personhood... by ElNotto · · Score: 1

      However, corporations are made up of people, and people lie. Everybody does, and some more than others. Unless the vast majority of individuals accept a greater ethical responsibilty for their actions, we can expect no more from the corporations those people make up.

    24. Re:Corporate personhood... by Andrew+Aguecheek · · Score: 1

      I admit I have literally only just begun studying company law (as in I've had one lecture earlier this week). Nevertheless, I suspect you are being too literal in your interpretation. A legal person is different to a natural person - being a legal person enables you to enter into contracts, take out loans, get sued, that sort of thing. That is, as far as I know, the bulk of it, though I appreciate the terminology is confusing. This system was devised a considerable amount of time ago, back before we believed in such things as Human Rights, and when personal freedoms (such as the freedom to risk your property) were the majority of what the civil law was concerned with. Companies were called legal persons, because, by Victorian standards, they looked to the law like people.

      Even so, I would be surprised to learn HR were being bestowed upon companies - they may be persons, but they are not humans.

      --
      Tomorrow, I may eat another house plant
    25. Re:Corporate personhood... by RexRhino · · Score: 1

      Except that Corporations are collections of people. Saying you want to oppress corporations is like saying you want to oppress Spain. Since Spain is made up of people, opressing Spain means oppressing Spanish citizens.

      Likewise, while a corporation does not have freedom of speech, its employees do. If I am not allowed to blog positive things about my employer, then you have taken away freedom of speech from an individual person. I, as an individual, should not lose my freedom of speech, simply because my opinions may benifit a corporation.

      Of course, the whole point is moot. Since the Internet is global, corporations will simply run fake blogs in countries where it is legal, so this law will have zero effect on this kind of advertising. The goal is not to stop this kind of advertising, but to slowly expand censorship in such a way as to make you feel warm and fuzzy and protected by it... incrementally increase censorship in the name of "stopping the evil corporations", until the point where to be anti-censorship is considered pro-corporation without any human thought involved. It is about desensitizing people to censorship to make them more comfortable with it, for the inevitable day that it is expanded to include all forms of speech.

      In the same way anti-terror hysteria is used to get people to agree to laws that steal their individual liberties, anti-corporate hysteria is used to steal people's individual liberties. It is all about marketing totalitarianism in a way that seems palatable to your own political beliefs. For you, corporations are the boogie man that makes you willing to give up your rights.

    26. Re:Corporate personhood... by Todd+Knarr · · Score: 1

      If I am not allowed to blog positive things about my employer, then you have taken away freedom of speech from an individual person. I, as an individual, should not lose my freedom of speech, simply because my opinions may benifit a corporation.

      As I read it, the law as proposed wouldn't prevent you from saying good things about your employer. It'd just ban you saying good things about them while claiming to not be an employee (or otherwise trying to give the impression you aren't). I don't consider banning misrepresentation to be an infringement on free speech.

    27. Re:Corporate personhood... by Anonymous+McCartneyf · · Score: 1

      Corporations don't have marriage per se. But they do have mergers and partnerships, which bear many of the same functions for corps. that marriage does for us. Corporations actually have more rights than humans that way--polygamy for humans is illegal, but corps. can merge as much as they like up to the limits of antitrust law.
      No, corps. cannot become citizens. (You aren't supposed to vote unless you are a citizen.) That's one of the few places where the playing field is slanted towards humans. Of course, it's tricky for a human who wasn't born a citizen of the USA to become one--it takes 14 years of legal residence to naturalize, and most visas don't last that long.
      Disclaimer: I am not a lawyer...

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    28. Re:Corporate personhood... by Anonymous+McCartneyf · · Score: 1

      The 14th Amendment uses both "citizens" and "persons" in its language.
      It says that anyone born to a US citizen or under US jurisdiction is a US citizen. Since corporations aren't born, just incorporated, this clause does not apply to them.
      But it also says that the states cannot deny life, liberty, or property to any person, nor can they deprive any person of fair legal protection. The Supreme Court made sure this included the First Amendment, among other things.
      People on /. who are against censorship like to argue that the Bill of Rights applies, or should apply, to all persons, not just US citizens. Well, an 1880s Supreme Court determined that rights that are given to all persons should be given to corporations, since corporations are (legal) persons. That corporations have innate powers humans don't never came into play.
      Maybe Congress should propose an affirmative action bill for humans...

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  7. Re:"United States government politics" by QuantumG · · Score: 0, Flamebait

    Better question: why only US politics? Oh, that's right, because Slashdot is run by americans and they think they're arrogant enough to think they are the only country that matters.

    --
    How we know is more important than what we know.
  8. Depends on the text of the law by fistfullast33l · · Score: 1

    I guess this seems to be aimed at astroturfing as well, but without the text of the law it's hard to tell if this is aimed strictly at reviews or statements of opinion...I think there is a fine line. If you're on a website posting a rating of something versus a fanboy website there is a difference - I think few people would have taken the Sony PSP website seriously had it even been from a real fan, just as those flame wars that happen on message boards everywhere rarely sway a person one way or the other. But if you're purporting to review something with all seriousness, I think that's blatantly misleading with intent to influence someone. Astroturfing can be more subtle even if they have the desired effect.

    I'm not defending them, I'm just anticipating possible arguments from high paid lawyers if the text isn't specific enough.

    1. Re:Depends on the text of the law by arth1 · · Score: 1

      What I wonder is whether it will catch sites like http://www.onlinesecurity-on.com/protect.phtml?c=5 5, which pretends to be an independent site that StarForce has "granted" to distribute a removal tool, and which says a lot of nice things about StarForce. In reality, it's StarForce themselves who run this site...

      It would be nice if deceptive practices like this would be outlawed, but I fear it may be more directed at pretending to be individuals than pretending to be other companies.

      Regards,
      --
      *Art

  9. Somewhere Sifl and Olie are crying... by Anonymous Coward · · Score: 0

    and that is so sad...

    1. Re:Somewhere Sifl and Olie are crying... by neutralstone · · Score: 1

      Oh come on; you know what Olly would say:

      "So the European Union comes up and they're like, stop blogging and I'm like, yeah whatever!"

  10. Back-pat. by Anonymous Coward · · Score: 0

    "The Times has learnt that the new regulations also will apply to authors who praise their own books under a fake identity on websites such as Amazon.""

    Slashdot is wonderful!

    1. Re:Back-pat. by AoT · · Score: 1

      Taco?

      Is that you?

  11. Ban sock puppet politicians by syousef · · Score: 5, Funny

    I know a few politicians I consider sock puppets for other entities. Can we ban them too?

    --
    These posts express my own personal views, not those of my employer
    1. Re:Ban sock puppet politicians by KonoWatakushi · · Score: 3, Insightful

      I know a few politicians I consider sock puppets for other entities. Can we ban them too? To hell with banning them, they should be charged with treason, and punished appropriately; ie. with death.

      The government should represent its people, and politicians should be held to very high standards. Legal bribery, or any other means of subverting our government are simply unacceptable, and should be considered no less seriously than premeditated murder. In fact, as the current administration demonstrates, it is often much worse.
    2. Re:Ban sock puppet politicians by pingveno · · Score: 1

      I believe the phrase you're look for there is meat puppet.

      --
      "it's not about aptitude, it's the way you're viewed" - Galinda
    3. Re:Ban sock puppet politicians by skyman8081 · · Score: 1

      Actually, the practical definition of meatpuppet, according to Wikipedia, is "Anybody with an opinion contrary to the AfD Nominator." Who, me, bitter? Naaahhhh.

      I'm just wondering if laws like this may end up with a Macarthy-esque witch-hunt on forums or blogs about "who's a shill." After all, not all of them will give themselves away with language like "Don't just wear it, pwn it!"

      --
      Two Roommates and a Boyfriend, updates Monday, Wednesday, and Friday
    4. Re:Ban sock puppet politicians by RexRhino · · Score: 1

      The government should represent its people, and politicians should be held to very high standards. Legal bribery, or any other means of subverting our government are simply unacceptable, and should be considered no less seriously than premeditated murder. In fact, as the current administration demonstrates, it is often much worse.

      The trouble is, when you give the government trillions of dollars to divy out however it wants, and when you give the government almost total power over every single aspect of life in the United States... corruptions is the inevitable result. Government has become the ultimate source of money, power, respect and adoration... it is only natural that people will do anything to get the government to act in their favor.

      The death penalty for "corrupt" politicians would simply mean that corrupt politicians would be able to have uncorrupted politicians executed (after all, the system itself would be legislated by corrupt politicians, and be enforced by judges selected by those corrupt politicians).

      Liberals used to understand the corrupting nature of power... but eventually they abandoned their support for limited government, decentralization, and individual liberty, and instead adopted the socialist mythology of the benevolent all-powerful state. Power corrupts, and so an ultra-powerful state, no matter what laws or means you try to put in place to keep it from being corrupt, will become corrupt. Corruption is the inevitable result of big government. Being for big government, but being anti-corruption, is like being for smoking, but against lung cancer: It is a contradiction that ignores cause-and-effect.

  12. And in other news... by mikael · · Score: 2, Funny

    ... at the request of City-TV and Ed the Sock, the CNBC are to ban the import of European TV programming.

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  13. fandango by Anonymous Coward · · Score: 0

    socks out, paper bags in.

  14. Does that mean by Anonymous Coward · · Score: 2, Funny

    there going to ban The Muppets...

    1. Re:Does that mean by xzqx · · Score: 1

      No, just Sifl and Olly.

  15. This is a disaster! by edwardpickman · · Score: 5, Funny

    It's going to cost thousands of corporate jobs and eliminate whole departments. What do they expect companies to do? Depend on actual positive feedback from customers?

  16. Re:"United States government politics" by timmarhy · · Score: 0, Troll

    you have a pointless life don't you.

    --
    If you mod me down, I will become more powerful than you can imagine....
  17. First thing I thought of... by bhsx · · Score: 1

    How easy would it be to get a competitor sued to oblivion by faking an IP addy?

    --
    put the what in the where?
    1. Re:First thing I thought of... by timmarhy · · Score: 1

      really difficult, if not impossible.

      --
      If you mod me down, I will become more powerful than you can imagine....
    2. Re:First thing I thought of... by bhsx · · Score: 1

      OK, maybe I misspoke when I said by a faked IP. I'm in the middle of playing some Guild Wars (not a fan of WoW for some reason); but a more accurate scenario would be:
      How hard would it be to find the IP addresses of a competitor and hack or backdoor or botnet his machine and start spamming websites with bogus false advertising?

      --
      put the what in the where?
    3. Re:First thing I thought of... by lachlan76 · · Score: 1

      How hard would it be to find the IP addresses of a competitor and hack or backdoor or botnet his machine and start spamming websites with bogus false advertising?

      How hard would it be to find the IP addresses of the competitor who did this and have the company sued, and those who authorised the scheme charged?

    4. Re:First thing I thought of... by CmdrGravy · · Score: 1

      So you want to employ a team of people to devise complementary marketing and advertising for your rivals products, hack into their systems to distribute your marketing material to as many people as possible and hope that this gets your rival a small fine and that rather than realise that
      a) this material wasn't distributed by them eveb though it appears to be
      b) someone has illegally hacked into their system
      c) track the illegal activity back to you d) sue you for a vast amount of money and present criminal charges against you

      They will happily pay up ?

      Rather than ask "how hard would this be?" a better question might be "how stupid would this be?"

    5. Re:First thing I thought of... by webbod · · Score: 1

      Erm, no, European Law works for the benefit of the people, not the lawyers.

      In the UK, the various consumer watchdogs, the advertising standards agency and the press complaints commission would look after them.

      I don't see what the fuss is all about, all the new legislation is doing is applying a common framework across the EU, member states have always had the power to investigate faux-testimonials and misleading product claims, it's just that some countries (e.g. Italy) turned a blind eye to certain industries, it now applies right across the board.

      It's a great thing for the consumer and will mean that companies wouldn't be able to use 'gifts' to encourage 'independant' third parties to 'tell the truth' or 'correct inaccuracies' about their products and services - so for example. Microsoft wouldn't be able to pay a French technology blogger to 'edit' wikipedia entries without falling foul of yet another EU law.

      With great freedoms come great responsibilities.

    6. Re:First thing I thought of... by Anonymous Coward · · Score: 0

      Not to mention, you can apply the same idea to anything, internet or not. What is keeping McDonald's from putting up billboards saying "Arby's has been scientifically proven to cure cancer" in order to try to get them in trouble?

  18. Re:"United States government politics" by Qzukk · · Score: 3, Interesting

    The US recently arrested British citizens for the crime of visiting the US between connecting flights (oh, and having founded and subsequently retired from a money transfer company used by online gambling sites at one time before such a thing was made illegal).

    It might be of interest to Americans to know that should they, or their company, or their former employer (all the way back to that job you worked evenings in high school), or any company that they might own stock in (or hold funds that hold stock in, etc) ever post any kind of positive review of themselves on the internet where it can be read in Europe, then you probably should schedule your flights to make sure none of them stop there.

    So it's still related, even if only on the idea that one of these days some European agency is going to decide to play tit-for-tat for some of the stupid shit America does to them.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  19. Re:"United States government politics" by heinousjay · · Score: 1

    The interesting thing about thinking you're the only country that matters is that you are automatically right. After all, if you're from a country that doesn't matter, then why should I worry about what you're saying?

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  20. Slashdot is the best thing to happen in my life by LM741N · · Score: 5, Funny

    I just want to say that without Slashdot, I would never have made it to where I am today. Kudos for a great website.

    Sincerely,

    Captain Burritto

    1. Re:Slashdot is the best thing to happen in my life by AndroidCat · · Score: 1

      But will the EU ban dupes as well? Oh noes!!1!

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:Slashdot is the best thing to happen in my life by Shadow+Wrought · · Score: 5, Funny
      Shut down the intraweb!!! You're fooling people!! We must prosecute those responsible for perpetrating this hoax!

      Very truly yours,
      Boston

      --
      If brevity is the soul of wit, then how does one explain Twitter?
    3. Re:Slashdot is the best thing to happen in my life by DarrenR114 · · Score: 1

      Captain Burrito,

      You've been promoted to Lt. Colonel Burrito, since it would be unfair to have the humble burrito at a different rank than Cmdr. Taco.

      Congratulations,

      SSgt ("Don't call me Sir! I work for a living.") Refried Beans

      --
      Been there, Done that, Sold the t-shirt to the next idiot in line
  21. Re:"United States government politics" by inphorm · · Score: 1

    Apparently there is no "outside the US" to a lot of American Citizens or their Politicians for that matter.. heh.

    - paul

    http://www.paulpichugin.com.au/

  22. Re:"United States government politics" by QuantumG · · Score: 1

    At least the other guy had the sense to post anonymously. Feel like telling the world how much of a racist you are too?

    --
    How we know is more important than what we know.
  23. Hysterical by 4d3fect · · Score: 0, Troll

    This --is-- a joke, right?

    1. Re:Hysterical by mshurpik · · Score: 1

      Why? You're the first person I've seen in 2 years with a Slashdot UID over a million. My gut reaction is that you're a sock puppet too. Either that, or Slashdot has added real users very slowly.

      Fakery on the internet is a huge problem, so it's nice to see it addressed. However, it would also be good to address fakery on TV and in print as well. I just watched the documentary "The Corporation," and one of the stories was about how some independent FoxNews reporters lost a legal battle because a US judge ruled that (paraphrasing here) "faking tv news is not a crime."

      Really now.

    2. Re:Hysterical by Bloke+down+the+pub · · Score: 1

      Why? You're the first person I've seen in 2 years with a Slashdot UID over a million.
      Then you can't be paying attention, I noticed 7 digit IDs appearing ages ago. I was surprised there wasn't a story about it, to be honest.
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
  24. Re:"United States government politics" by kamapuaa · · Score: 1

    What time limit would you suggest, before the US can arrest people in the US who have broken US law? Maybe they have to be in the country for 24 hours? Or should all criminals be allowed to leave the US freely? It would keep the prison population down, anyway...

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
  25. Well... by Vaille · · Score: 0, Troll

    ...as long as Stick Stickly is safe, the world will continue to be a pure and unsullied place.

  26. Re:"United States government politics" by Anonymous Coward · · Score: 0

    and apparently bigotry and ignorance exist outside the US too...heh.

  27. Re:"United States government politics" by heinousjay · · Score: 1

    I'm sorry, I should have been a little more explicit in that I wasn't expressing an opinion, just a thought about the logic box expressed in your statement.

    Also, calling me a racist is an interesting turn. I have no idea what race you are, but I am of pan-European heritage, so it would be sort of silly for me to hate Europeans on the basis of race. I'll assume you were just a little emotional when you typed that.

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  28. Burn the socks! by deek · · Score: 5, Funny

    Europe has got it right. Sites like these should be eradicated from the face of the internet. Please, think of the children!

    1. Re:Burn the socks! by Grishnakh · · Score: 1

      From the linked site about sock puppets:

      Most of the crafts and activities on this site are Bible-based and are great to use in Sunday School, Vacation Bible School, preschool, and home school.

      Um, I haven't read the entire Bible word for word, but being raised Christian (though not any more), I don't believe I recall there being anything in it about making sock puppets.

    2. Re:Burn the socks! by Borg453b · · Score: 1

      Did you miss the part about God making man in his own image? ;D

      --

      - Mad, ingenous - they've both left you puzzled -
    3. Re:Burn the socks! by Xtifr · · Score: 1

      "It says in the book here that He made us all to be just like Him
      So ... if we're dumb, then God is dumb!
      And maybe even a little ugly on the side"
          -- from "Dumb All Over", by Frank Zappa

  29. Re:"United States government politics" by Anonymous Coward · · Score: 3, Funny

    Apparently there is no "outside the US" to a lot of American Citizens or their Politicians for that matter.

    Don't be so ridiculus. Americans are educated to a very high standard of Geograhpy. There's Canada up North, and Mexico down South, go any further and you fall off the edge. Oh yeah, and there's Iraq and France too, that's where the baddies live, mind you have to fall off the edge to get to those places. OK I missed a few places, like China (that's where the Chinese come from), and Australia (which is a giant desert without any intelligent lifeforms) but that, basically is the rest of the world. It's no wonder they are all trying to move here!

  30. Re:"United States government politics" by Anonymous Coward · · Score: 0

    If they're not in the US when they do it, they didn't break the law, and shouldn't be arrested. If I drive 60 in a 60MPH zone, does that mean I should be ticketed anytime I drive 35MPH in a 35MPH zone? If they did it years before the activity was made illegal and stopped doing it before it was made illegal, they didn't break the law.

    Personally, I think that DAs and prosecutors that push such cases should be forced to pay the costs of it out of their own pockets. They made it personal, they should be personally punished. Take the Duke case, or better yet the case of the kid in Texas who was arrested for pulling the fire alarm but the prosecutor refuses to drop the charge despite the fact that the fire alarm log shows that the kid couldn't possibly have pulled the alarm. That'll fix the prosecutors who think that arresting everyone and letting the courts sort things out (at taxpayer and victim expense) is the solution to all of our problems.

  31. Scientology? by Anonymous Coward · · Score: 0

    They have hundreds of sock-puppet blogs, many of them with stale pages pretty much the same. (They thought they could bomb the search engines, ha ha!)

  32. Alternate Reality Games? by donaldGuy · · Score: 1

    Does this law, in effect, prohibit companies like 4orty2wo entertainment from making alternate reality games? What exactly defines "falsely representing oneself as a consumer." and what authority decides this? I'm not a major ARG-player but I've enjoyed Haunted Apiary (ILoveBees) and ourcolony .. both of which were, pretty much, viral marketing schemes for Microsoft.. but were a lot of fun in the process.

    1. Re:Alternate Reality Games? by Ruke · · Score: 1

      Neither of those sights claimed to be made by fans of the games, or customers of Microsoft. They did basically boil down to being advertisements for Microsoft products, without Microsoft ever attaching it's name, but they also failed to make any real claims - they just contained snippets of video or screenshots. I don't see why ARGs such as these shouldn't be able to slip by.

    2. Re:Alternate Reality Games? by Anonymous Coward · · Score: 0

      Posing as a satisfied customer is what this law forbids. Involving actual customers in your marketing strategy is still legal.

  33. Mod parent up by Anonymous Coward · · Score: 0

    Finally someone that gets it. This isn't about free speech, it's about false representation.

    1. Re:Mod parent up by aussie_a · · Score: 1

      But falseley presenting myself is my right granted to me by free speech.

      Yours sincerely,
      God
      The creator of the universe
      The Alpha and Omega
      The sexiest entity alive
      The love machine that just keeps on giving

  34. Re:"United States government politics" by QuantumG · · Score: 1

    I was suggesting that you were openly admitting that "only the US matters" and, seeing as you're publically proclaiming something for which you should be ashamed, perhaps you'd like to admit to something else equally shocking. If you weren't admitting to such, please accept my apology.

    --
    How we know is more important than what we know.
  35. Re:"United States government politics" by Capsaicin · · Score: 2, Insightful

    This is an EU political story that does not belong on slashdot at all.

    True it has been mislabeled and doesn't belong in the 'Politics' section however the FAQ also says

    Slashdot is U.S.-centric. We readily admit this, and really don't see it as a problem. Slashdot is run by Americans, after all, and the vast majority of our readership is in the U.S. We're certainly not opposed to doing more international stories, but we don't have any formal plans for making that happen. All we can really tell you is that if you're outside the U.S. and you have news, submit it, and if it looks interesting, we'll post it.

    This looks like an interesting story, which is technology related. It probably won't cause too much psychic distress, even for US residents, to keep informed about how the internet is being regulated in other jurisdicitions.

    See this is the problem when you put a site up on the big bad internet --you are publishing internationally and your audience will be an international one (unless you have specifically restricted access). What's more some of these nasty foreigners will have the impertinence to answer back via commenting mechanisms or, horror of horrors, to submit content. So deal with it! ... or if you don't want to, just skip over the stories you have no interest in reading ... works for me!

    --
    Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  36. Name a right that is unlimited by Infonaut · · Score: 4, Insightful

    Either speech is free or it isn't, no matter what convenient label you want to put it under.

    That's an easy position to take, because it is the expression of an ideal. In the real world, rights clash all the time. The rights of Individual A, when they come into conflict with those of Individual B, or of society at large, can't be absolute.

    My right to defend myself does not give me the right to shoot someone in the head when they try to pick my pocket. My right to own property doesn't mean that I can drill down and inject anthrax into the groundwater. My right of free speech doesn't mean that I can spam millions of email users without consequence. It also doesn't mean that I can advertise Fruit Loops cereal as a cure for cancer. In Abstract World it sounds great to let the buyer beware, but just imagine how much of a drag that would be on society. Transaction costs would go up, because much more due dilligence would need to be done, just to conduct a simple purchase. Those with more free time and more resources would be able to conduct due dilligence. Everyone else would be put at a substantial disadvantage. That's a perversion of free speech, which is designed to protect political speech, not the fleecing of other citizens.

    As a side note, your slippery slope argument may apply in some countries, but not in the United States.I don't know how it is elsewhere, but in the United States, commercial speech has been granted more 1st Amendment protection over the past few decades, not less.

    --
    Read the EFF's Fair Use FAQ
  37. "United States government politics"-swing shift. by Anonymous Coward · · Score: 0

    "I'll assume you were just a little emotional when you typed that."

    You'll get use to the hormonal swings. :)

  38. Have you heard about this guy??? by Anonymous Coward · · Score: 0

    Hey all, I've been browsing Slashdot the other day and I discovered this amazing poster! He is smart, funny, very professional-sounding-like, always knows what he is talking about. I even went as far as moderating up some of his older posts, LOL!!!

  39. Re:Oh Canada by symbolset · · Score: 1
    OK, so you're offtopic. I laughed out loud anyway. Thanks.

    posting from my crackberry. This thing needs a bluetooth keyboard.

    --
    Help stamp out iliturcy.
  40. Re:"United States government politics" by inphorm · · Score: 1

    Lol. ok I deserved that one :)

    - paul

    http://www.paulpichugin.com.au/

  41. Well. by TheSeer2 · · Score: 3, Interesting

    There also goes any kind of marketing that was actually interesting (ARGs and the like)

    1. Re:Well. by Quastor · · Score: 0

      There also goes any kind of marketing that was actually interesting (ARGs and the like)

      From TFA:

      Businesses which write fake blog entries or create whole wesbites purporting to be from customers will fall foul of a European directive banning them from "falsely representing oneself as a consumer".

      While I haven't read the law start to finish, I'm fairly certain that ARGs would not be affected by this. While it is a marketing strategy that often hides the fact of which company is actually behind it, I have never seen an ARG that tries to pull off representing itself as a consumer and giving the product favorable reviews. ARGs are used to stir up excitement about a product, not try to convince consumers that others like them are loving the product.

  42. Sanction America by Anonymous Coward · · Score: 0

    It's funny how America treats airports as non-US territory when it suits them, such as when they don't want to carry the can for some asylum seeker or other undesirable, yet, do a complete about face when it does suit them. For a country that chest beats over its God inspired absolute morality it's just another weasel when you look at the detail. One way of sorting this out would be to sanction America. There might be a little short-term difficulty but the numbers show that Europe and Asia would just shrug it off. I'm all in favour of banning travel, trade, and the internet between America and the rest of the world. It's broken enough treaties, funded enough terrorists, and invaded enough countries to justify it.

    1. Re:Sanction America by Anonymous Coward · · Score: 0

      The main problem (in that respect) with the US is its convenient location. We need more connecting flights that stop in vancouver (and don't get redirected to seattle!) so that LAX can be bypassed.

    2. Re:Sanction America by Anonymous Coward · · Score: 0

      Yes, I've thought the same thing. LAX and Miami are hubs that are hard to avoid. Depending on exactly what journey you're trying to make, the best options that I'm aware of are:

      - Iberia's many flights between Europe (mostly Madrid) and Latin America, e.g. Mexico City.

      - Anything via Cuba. There are numerous flights between Cuba and Europe and Canada, and they are very unlikely to be diverted.

      - Trans-pacific flights that stop in Tahiti or Rarotonga rather than Hawaii. Or best of all the Lan Chile flight via Easter Island.

      Personally, after the consistently unpleasant experiences that I've had with US immigration, I'll not be travelling via the U.S. at least until there has been some regime change. If you're not sure what I'm talking about, here's a story which is pretty much consistent with my experience:

      http://www.theregister.co.uk/2007/02/05/immigratio n_search/

    3. Re:Sanction America by Anonymous Coward · · Score: 0

      - Iberia's many flights between Europe (mostly Madrid) and Latin America, e.g. Mexico City.
      Small problem: you still fly over US airspace when going from Europe to North (Mexico) and Central America. This means that you're subject to those ridiculous US data collection schemes and can be denied boarding just because the US government feels like it.

      A couple of months ago a plane en route from Europe to Latin America had to turn around mid-flight because the US determined that they didn't want somebody on the plane over America.
  43. /. firehose will get a lot quieter :) by Anonymous Coward · · Score: 0

    I'll miss the press releases from entrepreneurds masquerading as news for nerds.

    NOT!

  44. Re:"United States government politics" by geminidomino · · Score: 4, Funny

    Apparently there is no "outside the US" to a lot of American Citizens or their Politicians for that matter.


    Don't be so ridiculus. Americans are educated to a very high standard of Geograhpy. There's Canada up North, and Mexico down South, go any further and you fall off the edge. Oh yeah, and there's Iraq and France too, that's where the baddies live, mind you have to fall off the edge to get to those places. OK I missed a few places, like China (that's where the Chinese come from), and Australia (which is a giant desert without any intelligent lifeforms) but that, basically is the rest of the world. It's no wonder they are all trying to move here!

    I realized the rest of your post was supposed to be tongue-in-cheek, but what's the deal throwing the truth in there as a curve ball?

    Just kidding. ;) I just wanted to mess with my Aussie friends. I love da interwebs!
  45. This law regulates commerce, not speech. by meme+lies · · Score: 2, Insightful

    Should a drug manufacturer be able to advertise their product as a cure for everything from cancer to AIDS, even if the pill is nothing but sugar? Should they be allowed to air a television commercial on Fox news that looks just like a Fox news report about what a miracle this drug is? Or, should this company be allowed to use the same tactics to claim their competitors products have horrible (and completely made-up) side effects?

    This is not about freedom of the press or individual expression. It's about keeping advertisers in check, to make sure their products do exactly what they claim- and to keep them from slandering their competitors with complete untruths. There's a good reason these laws exist; they didn't for the much of the twentieth and most of the nineteenth centuries and advertisers lied, fought dirty, made impossible claims, bought articles in the newspapers and laughed all the way to the bank. A reasonable amount of consumer protection is something a society should expect from their government, because the alternative is never knowing if that pill was tested, or what exactly is in that package of food...

    There is no "slippery slope" where protecting you from corporate snake-oil salesmen will take away your personal freedom to express your opinion. This law regulates commerce, not speech.

    1. Re:This law regulates commerce, not speech. by rbanffy · · Score: 1

      If it's targeted at Fox News audience and has a good chance of reducing their lifespan, I would say it may be for the greater good...

  46. Re:"United States government politics" by Grishnakh · · Score: 1

    OK I missed a few places, like China (that's where the Chinese come from),

    What you should have said here is, "that's where all the stuff we buy at Wal-Mart is made".

  47. Oh man this sucks by davevr · · Score: 0, Offtopic

    I just finished creating a few dozen gmail accounts to prop up my Wikipedia entry and now this!!

  48. Re:"United States government politics" by Anonymous Coward · · Score: 0

    Oh, and by the way could you please tell Howard to STFU and stuff a sock in his mouth regarding Obama?

    Thanks.

  49. Did we learn nothing from Cow and Chicken? by myowntrueself · · Score: 1

    Did not a big fat pantsless red guy named Allen not teach us that sock puppets hold the key to world peace?

    Shame on the EU.

    --
    In the free world the media isn't government run; the government is media run.
    1. Re:Did we learn nothing from Cow and Chicken? by Anonymous Coward · · Score: 0

      Really? I thought it was just a space allen.

  50. wesbites... by i3iz · · Score: 0

    wesbites? ouch!

  51. Microsoft's Fake Independant Reports? by Anonymous Coward · · Score: 0

    What about the independent reports done by various companies with 'institute' in their name funded (often undisclosed) by the company they're reporting on? Does that come under this law?

    They've been a few incidents with Microsoft where the 'institute' has put out a hatchet job report on one of their competitors, but without indication of funding. You can see they've been funded by MS in the past but what investigative tools would this law provide to allow us dig into that and see if it's sock puppet report?

    For example:
    http://www.theregister.co.uk/2002/06/10/msfunded_t hink_tank_propagates_opensource/

    "In our original story we mentioned that the Alexis de Tocqueville Institution takes money from Microsoft, but we couldn't say whether or not the company actually sponsored this report. We still don't know; but if style and FUD are any guide, and we were to venture a guess, we'd say this one's got "Redmond" written all over it."

  52. Free speech only if it's believed true?! by Anonymous+McCartneyf · · Score: 1

    Right. By that definition of free speech, any work of fiction could be banned. The government could ban Animal Farm, 1984, V for Vendetta, and any other dystopic works that haven't actually happened--and deprive us of many of our cautionary tales.

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
    1. Re:Free speech only if it's believed true?! by shawb · · Score: 1

      I should have known my definition was way to simple to be actually useful in the real world. In theory the example of fiction would be exempt in the "putting forth an opinion" part, but I really don't have enough faith in those in power to make the right choice. Thank you.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
  53. Re:"United States government politics" by inphorm · · Score: 1

    Sure, next time I see him.. Oh wait.. We have freedom of speech too... funny that.

    I have to agree with Prime Minister John Howard on this point (not many of his other points though), Setting a date to pull out of Iraq is insane. The country needs to be properly stabalised first.. That said I think we need to more clearly define our goals in Iraq and one of them should be to pull out of Iraq after certain criteria have been met.

    Whether or not he should have said it is up to his PR people to decide I guess.

    - paul

    http://www.paulpichugin.com.au/

  54. advertising and free speech (US laws) by Anonymous Coward · · Score: 0

    Even in the crazy United States we have laws saying you can't make ads disguised to look like newspaper articles unless you print ADVERTISEMENT at the bottom so everyone knows you're probably full of it. Free speech is not going to last very long if we use it to excuse cheap commercial hijinks.


    Uh, no, we don't have such laws. Those ADVERTISEMENT markings have nothing to do with the government. They are put there by the publishers, who are trying to protect their own reputation with their readers. (And of course, they are missing from publications that do not care about that.)

    I am shocked that you (and presumably other people) are wandering around thinking that ADVERTISEMENTs are carefully labeled by the government to protect you, and imagining that things which are not labeled must be... what, non-commercial? True?

    On radio, there are some restrictions about this, but they are extremely fast and loose.
    1. Re:advertising and free speech (US laws) by MillionthMonkey · · Score: 1

      Then I picked a bad example. A better one would be:

      "If your immune system is not normal due to advanced HIV disease, be sure your doctor knows this to avoid a potentially fatal interaction with this pill we're selling."

  55. It's not the speech part that's a crime you moron. by Anonymous Coward · · Score: 0, Troll

    You're a total fucking idiot. Really.

    So, uttering a false cheque is protected free speech?

    Bilking your grandmother out of her savings through a NIgerian scam is free speech?

    Lying to someone so that they give you money is fraud, you fucking nitwit.

    It doesn't matter if I pretend to be the deceased Prince Mobutu of Nigeria's wife trying to smuggle out his drug money or if I'm a corporation astroturfing. It's the act of trying to deceive people into giving you their money that is the crime.

    The speech itself is a means to that end, but it's the totality of the circumstances that matter.

    In other words: fuck you, you fucking fuck.

  56. Poor Lowlandsdepowlands by kop · · Score: 1

    His website http://www.lowlandsdepowlands.nl/ will have to go!

  57. In Sovjet US and A by MemoryDragon · · Score: 1

    This is called guerilla marketing.

  58. Top Gear by Anonymous Coward · · Score: 0

    There was a great documentary on UK TV last night by Jeremey Clarkson about America. His conclusion was that Americans often mate with vegtables, carry guns, are stupid and that no one should visit if they can help it.

    One particular incident in Alabama where they encountered rock throwing sub-humans in a petrol ( or as they call it 'gas' ) station who didn't agree with them that "Country & Western music is rubbish, Nascar sucks and that Man Love Rules OK" is probably indicative of the moronic level of most American citizens.

    1. Re:Top Gear by VJ42 · · Score: 1

      There was a great documentary on UK TV last night by Jeremey Clarkson about America. His conclusion was that Americans often mate with vegtables, carry guns, are stupid and that no one should visit if they can help it.

      One particular incident in Alabama where they encountered rock throwing sub-humans in a petrol ( or as they call it 'gas' ) station who didn't agree with them that "Country & Western music is rubbish, Nascar sucks and that Man Love Rules OK" is probably indicative of the moronic level of most American citizens. I seriously hope you realise that Top Gear is light entertainment, not a documentary. But yes, I watched it last night as well, and it was hilarious.
      --
      If I have nothing to hide, you have no reason to search me
    2. Re:Top Gear by Anonymous Coward · · Score: 0

      UK calls Petrol "Petrol" because the UK often names things after famous brand names (eg: Hoover). Petrol was a popular brand name for gasoline (sold to kill head lice) before the popular combustion engine existed. US and Canada call gas "gas" because the US and Canada don't.

      But that's just my opinion on the matter, there's probably other reasons as well... (neither is more correct than the other, it's just one country's way of naming things vs. another).

      That being said, though, both terms are now inaccurate as "Petrol" and "gas" stations both now sell diesel (which is neither Petrol nor gas, although it is a "petroleum product" and a "motor gas").

    3. Re:Top Gear by Anonymous Coward · · Score: 0

      I wouldn't say that they weren't asking for it, but it was great tv
      http://www.youtube.com/watch?v=kegne4kqWiU

      http://www.youtube.com/profile?user=duffman692006 has the rest of the episode

    4. Re:Top Gear by Anonymous Coward · · Score: 0

      UK calls Petrol "Petrol" because the UK often names things after famous brand names (eg: Hoover). Petrol was a popular brand name for gasoline (sold to kill head lice) before the popular combustion engine existed.

      Whether of not Petrol was used as a trademark (apparently it was never registered and would probably have been indefensible), it's currency in the English language is of far longer standing. The first mention of 'petrolle' listed by the OED dates back to 1540.

  59. Re:"United States government politics" by lachlan76 · · Score: 3, Funny

    Without intelligent lifeforms? We're a country of bloody Einsteins compared to New Zealand!

  60. Re:"United States government politics" by Anonymous Coward · · Score: 1, Funny

    Comming from a country you wouldnt find on a map, I find this hilarious and true.

  61. Obligatory Sifl & Olly reference by neutralstone · · Score: 1

    Olly: Folks, we here at the Precious Roy Home Shopping Network know how hard it can be to maintain a blog in the EU.

    Sifl: Oh, you know the problem I've been having with my blog!

    Olly: Sifl, you've got some serious-ass blogging-in-the-European-Union problems. But folks, with the new Precious Roy (R) Stealth Blogging Kit, you can self-aggrandize like there's no tomorrow!

    [Olly continues with lots of outrageously false claims and eventually has yet another psychotic episode.]

  62. Zune rocks my box by CmdrGravy · · Score: 1

    I've just bought a new Microsoft Zune portable media playing device. I don't make snap purchases and like to decide carefully what products will offer the most benefits to me at a price point I can afford.

    The new Microsoft Zune ticked all the right boxes during my reasearch, I am a stylish upwardly mobile kinda guy and it's stylish exterior styling suits my image perfectly whilst its carefully crafted hard drive and audio components are all constructed lovingly by the finest Microsoft craftsmen.

    When I heard about the groundbreaking squirt feature I realised this unique new innovation set the Microsoft Zune head and shoulders above it's competitors ( such as the now old hat iPods ).

    I like to feel I'm doing my bit to support my favourite artists so imagine my delight when using the Microsoft Music Store to find Microsoft are taking their obligations seriously and making sure groundbreaking artists ( in my case the amazing Phil Collins ) have the full support of Microsoft to continue producing new product.

    With Phils latest and greatest securely housed in my new Microsoft Zune I was delighted and my friends were amazed when I "squirted" my particular favourite track to their Zunes ( everyone I meet is awestruck and wants one too just like mine ! ). I find 2 listens is plenty for someone to decide if they like a product and then it's simply a matter of a few clicks in Microsofts extremely easy to use and value for money Music Store to buy either the whole album or the track for themselves and lets Phil stop worrying about the evil pirates using their iPods to steal his music and allows him the freedom to plan his next magnificent opus free from worry.

    Gosh I'm so excited by new Microsoft Zune ! This is probably the best day ever of my varied and exciting upwardly mobile and aspirational life ! Check in tomorrow when I take my Microsoft Zune off piste heliboarding to see how it shapes up on the slopes.

    1. Re:Zune rocks my box by Anonymous Coward · · Score: 0

      Sure, but what about Huey Lewis and the News?

    2. Re:Zune rocks my box by CmdrGravy · · Score: 1

      Their early work was a little too new wave for my tastes, but when Sports came out in '83,I think they really came into their own, commercial and artistically. The whole album has a clear, crisp sound, and a new sheen of consumate professionalism that really gives the songs a big boost. He's been compared to Elvis Costello, but I think Huey has a far much more bitter, cynical sense of humour

    3. Re:Zune rocks my box by Anonymous Coward · · Score: 0

      Hey, is that a raincoat you're wearing ?

  63. I'm guilty! by Anonymous Coward · · Score: 0

    Now that it's illegal I admit that in 1997 I created hundreds of accounts on Slashdot to propagate Open Source as the best thing since sliced bread. I recall all I said - use Windows, it's awesome.

  64. Re:"United States government politics" by someone1234 · · Score: 1

    Hmm, if some US policy maker reads how advanced the laws are in the EU, they might consider copying it. Therefore it could be relevant to US government politics. Not like I expect they would create laws against lying companies.

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
  65. It's the document as a whole which is Law. by Kadin2048 · · Score: 1

    Huh? No; all parts of the Constitution are considered to have basically equal weight, in terms of forming a document which itself is the supreme law of the land. It's not just the First Amendment that's law, it's all of the Constitution, which includes parts giving Congress the authorization to implement copyright and patents. While this may be literally contradictory, it just means that when viewed as a whole, the First Amendment right isn't unlimited, but constrained by other parts of the document.

    You can't pull out certain Amendments and view them as if they were in a vacuum. You have to view them as portions of a greater whole.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:It's the document as a whole which is Law. by poopdeville · · Score: 1

      Well, maybe, or maybe not. I don't agree with iminplaya's argument. But the first amendment is a change to the Constitution. If iminplaya's arguments were to have any weight (they don't), then copyright would be unconstitutional, specifically because the First Amendment made them so.

      That is to say, later amendments do have more weight than earlier amendments, or even the original body of the Constitution.

      This is the mechanism through which black people were constitutionally recognized as full human beings, for instance.

      --
      After all, I am strangely colored.
    2. Re:It's the document as a whole which is Law. by mpe · · Score: 1

      No; all parts of the Constitution are considered to have basically equal weight, in terms of forming a document which itself is the supreme law of the land. It's not just the First Amendment that's law, it's all of the Constitution, which includes parts giving Congress the authorization to implement copyright and patents.The term "ammendment" has the meaning of altering a document. An ammendment consists of a set of instructions to edit a document (if there are no explicit instructions in the text of the ammendment then "append" is implied.)

      While this may be literally contradictory, it just means that when viewed as a whole, the First Amendment right isn't unlimited, but constrained by other parts of the document.

      Actually only a later ammendment constrain an earlier one. There is a context of (relative) time and order applicable here.
      I wonder how the original poster would interpret Ammendment 21...

  66. muppets by goarilla · · Score: 1

    at first i thought shows like the muppets, freggles, triumph the insult comic dog, ...
    would be banned in europe!
    but now it seems that there's a whole new meaning to the word sock-puppet

  67. Hmmm by jd · · Score: 1
    In reality, people suing companies for misleading statements generally don't get very far. The vast majority of lawsuits against tobacco companies, where the case of deliberate deception is well-documented, are either thrown out on initial trial or thrown out on appeal. None at all have had any serious impact on either the industries or their advertising. "But it's so well-known now", some might cry. Yes, by sheer dumb luck, papers proving that information had been withheld by tobacco companies came to light. I'm not sure I like the idea of any kind of legal, ethical or moral code based purely on habitual luck.

    I would essentially divide adverts and claims into one of five categories:

    1. Those which are correct in their claims, as understood by the average person in the target audience, often enough to be of genuine use and benefit;
    2. Those which are correct in their claims but are poorly presented and therefore not understood correctly;
    3. Those which are genuinely believed correct by the claimant but, in fact, are not correct in fact;
    4. Those which are nominally correct, but are intentionally misleading because of what is not said;
    5. Those which are known falsehoods, intended to deceive a gullible and uninformed public by playing on their ignorance

    Only the first deserves total protection under commercial free speech. (Incidently, for those who have forgotten, the EU is not subject to the US Constitution. Yet. That military invasion is scheduled for next week on thursday.)

    The second and third deserve a mild reprimand and maybe some assistance in clearing up confusion. Nobody deserves to be censured for doing their best, but inaccuracies that can cause greater harm need to be prevented. This shouldn't require censorship. Mutual respect, a little compassion and a little assistance would be to the benefit of everyone - society, company and government alike. You cannot outlaw ignorance, but you can get someone a library card.

    The fourth and fifth have no place in society. Nobody - nobody at all - is so skilled in all subjects and all disciplines that they can accurately identify such lies, and far too often, one lie is sufficiently lethal. A fully-qualified neurologist can call bullshit on an anti-depressent claim, but is completely unqualified to tell you if a car advert is being honest. A mechanical engineer might be able to tell you about the car advert, but are unlikely to have the material science expertise to judge wood-treatment products.

    Society isn't willing to pay each and every member within it to hold a dozen PhDs, so should not be expecting individual members to have earned them. Society is only willing to pay for education to the level of a sixteen-year-old, in many countries, and should set the standards of what the members of society can fully comprehend accordingly. If it gave better education, those standards would rise accordingly, but if they are to be meaningful, they must also be achievable. Personally, I think that moving the baseline up to a masters level in at least one subject would go a long way to removing the harm of bad advertising, and that if education were to such a standard, laws on commercial free speech could be more relaxed. You can expect more of people when they're capable of giving more. However, as long as ignorance and lack of education is not only the norm but a cost-effective way to live in many countries, standards on commercial speech have to be sufficiently restrictive for these artificial sheep to be kept alive.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  68. The EU's Free Speech Law by DrSkwid · · Score: 5, Informative

    "While England doesn't spell out its free speech rights as absolutely as the US"

    Au contraire :

    Article 10 of the European Convention on Human Rights

    FREEDOM OF EXPRESSION
                      1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

                      2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:The EU's Free Speech Law by TobascoKid · · Score: 1

      Of course, part 2, if correctly applied, can pretty much eliminate part 1.

      --
      At some point, somewhere, the entire internet will be found to be illegal.
    2. Re:The EU's Free Speech Law by GarethRWhite · · Score: 1

      "There are 11 types of people in the world, those who know binaries and those who don't" ... and those who think they do, but actually don't ;)
    3. Re:The EU's Free Speech Law by Itchy+Rich · · Score: 1

      Of course, part 2, if correctly applied, can pretty much eliminate part 1.

      Quite.

      To choose only one of the restrictions: "The exercise of these freedoms... may be subject to such... restrictions or penalties as are prescribed by law... for the protection of... morals"

      Who's morals?

    4. Re:The EU's Free Speech Law by dueyfinster · · Score: 1

      Does anyone else see the irony of this? Britian is one of the most Eurosceptic sountrys, yet they hold the EU Charter of Human Rights in such regard? Hypocrisy I tell you!

      --
      --- Duey Finster http://www.dueyfinster.com
    5. Re:The EU's Free Speech Law by DrSkwid · · Score: 1

      I'm not sure you can extrapolate from me to over 60 million people.

      My, or anyone else's opinion, is a bit moot anyway, sceptic or not; Article 10 is the law in England and Wales and, I assume, the rest of Great Britain.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    6. Re:The EU's Free Speech Law by Anonymous Coward · · Score: 0

      Article 10 is completely useless because of this simple clause in section 2. ..., restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime...
      It's up to a country to define what is and is not a crime. Say for instance, if insulting the prime minister is a crime...

    7. Re:The EU's Free Speech Law by iminplaya · · Score: 1

      The second part(very vague indeed, left wide open to any interpretation of "crime" "disorder", etc) completely nullifies the first part, and provides the "out" to protect entrented interests that is thankfully not included in the 1st amendment of the American constitution. Article 10 cannot adequately protect free speech, and it appears that's not the real intent. In fact it looks like a lot of double speak straight out of one of Orwell's books to provide the illusion. Furthermore, the closer I look, it appears to be a total waste of ink. It's an insult to anybody who truly believes in freedom. The second part looks like something out of the Chinese constitution. "You have such and such freedom, but you really don't". I was hoping the Europeans were getting their act together on individual freedoms, but this shows it's nothing but a sham.

      --
      What?
  69. companies are not people by Anonymous Coward · · Score: 0

    All those free speach advocates should keep in mind that in other parts of the world, only natural persons - read: people - have protected free speach, while companies have not.

  70. I can be more scary than you by giafly · · Score: 0

    Just in case somebody doesn't notice the irony and takes the above seriously, all of the above is irony and none of it is intended to be taken seriously. It's a completely fictitious illustration of the consequences of the parent post. I have no intentions whatsoever of threatening or hurting anyone.
    That's what these guys said, right up until they were convicted on the basis of internet 'conversations' and sentenced to jail.

    Watch me as I telephone the police ... see my hand press the buttons ... joke!!!
    --
    Reduce, reuse, cycle
  71. Tor Network by LordofTruth · · Score: 1

    Just sit behind a Tor Network (http://tor.eff.org/) and post away. All this work by the EU will be wasted.

    --
    Matthew 10:21
    1. Re:Tor Network by Tim+C · · Score: 1

      So what? You don't seriously think that catching these companies is going to rely on them posting from their own network, do you? That could be avoided simply by sending an employee down the road to an internet cafe...

      Enforcing this isn't going to be easy, but Tor really doesn't make it any harder.

    2. Re:Tor Network by webbod · · Score: 2, Interesting

      All the work may be wasted, but for the fact that the law will hold the company involved liable, not the people making the claims, see, on this side of the Atlantic laws are written to protect consumers from corporations and not the other way around.

      The law is intended to be Internet proof, if false claims are made then the company involved will have to either refute the claims or prove them at its own expense - kind of a ironic punishment - you exagerate about the desirability of your new product and then you have either carry out a large scale market research project to prove what you've said or you have to issue a public retraction stating that you made a mistake and nobody really likes your stuff after-all.

      Sounds like it was drafted with Steve Jobs and the Mac Cult in mind.

  72. This only applies to the US by MaGogue · · Score: 3, Insightful
    From the above Wikipedia link

    Corporate personhood is a term used to describe the legal fiction used within United States law that a corporation, under the concept of legal entity, has a limited subset of the same constitutional rights as a human being
    Here in the EU, there is a very clear distinction between a person and a company.
  73. The constant carping on Corporate personhood... by Dobeln · · Score: 1

    ...gets tiresome. Almost all modern countries have some sort of "legal personhood" instituted for corporations, independently of any US legal peculiarities. Why? Because it's damn practical, that's why.

    Of course, the bonus rights of corporate persons (limited liability, etc.) is everywhere balanced by bonus obligations - i.e. huge amounts of regulation that normal persons are not subject to.

  74. Why this won't also apply to political speech by Anonymous Coward · · Score: 0



    You would assume there could be a rationale for having this also apply to politicians falsely representing themselves as voters.

    Then you know that it would never pass, as several political parties in Europe do it. Last year, a Swedish politician was caught operating with at least three different personas (single mother etc) writing teardripping stories on forums and to the press about the cruelty of the opposition. And I cannot imagine they would be the only party to do so.

    The last thing politicians want is criminal prosecution. Therefore, no go.

    Perhaps we could do a thing where companies voted on what would be illegal and punishable for politicians, and vica versa?

  75. and not just sock-puppet blogs... by advocate_one · · Score: 1

    they should ban sock-puppet lobbying groups such as the "Initiative For Software Choice"...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  76. Life without astroturfing by rbanffy · · Score: 2, Interesting

    If the idea catches on, Sites like digg.com will have a lot less traffic. ;-)

    http://digg.com/offbeat_news/UK_fake_bloggers_soon _to_be_named_and_shamed

  77. Old news. by Eivind · · Score: 3, Informative
    We've had this in Norway for a long long time. Not specifically about fake websites, but more generally our truth-in-advertising laws say that: (roughly translated) "All marketing should be presented in a way that makes it obvious that the material is marketing." (All markedsføring skal utformes og presenteres på en slik måte at den tydelig framstår som markedsføring.)

    It does have some effect -- though it's not enforced as well as I'd like -- for example movies with paid product-placements are accepted, despite imho being a straigthforward violation of the above law. No idea why.

  78. Scope by octopus72 · · Score: 1

    Hos about "fake" reviews by gaming sites or hardware sites (many of them having a deal with publishers/manufacturers), or TV shows which present new cars?
    It's all fraud marketing with lots of praising and hiding of facts.

  79. Yee-haw! by Karel+Jansens · · Score: 1

    Just to let any interested astroturfer know that I am available for posting whatever and whereever you want me to; for a modest fee obviously. Thank [$DEITY] for the EU bureaucrats! New business opportunities just keep popping up...

  80. Legal overdrive by suv4x4 · · Score: 4, Insightful

    When a new law is written and put into action, people's debate center around two opposing opinions: is it good, or is it bad.

    Granted, every law can be bad or good, but we're missing the big picture. Have you seen the proposed European consitution? The Bible's both testaments are nothing compared to it.

    Every time you put a law about something, you need to be really friggin sure that the right solution is *legal*. Otherwise we end up in a system so complicated and flawed (every law is imperfect, you know this), that nobody understands it at all, and the rules are so many and in many cases conflicting with each other, that the only way to apply them is selectively and "with a spin", depending on the lawyer/prosecutor/citizen bias.

    We all fall pray to lawyers and the juridical system setting traps for us on every step to doing something.

    Should fake blogs and reviews be banned? They shouldn't be encouraged, but a law is excessive. I mean, how many times should Sony /for example/ face public humiliation and mockery before they decide that this wasn't a good idea to begin with?

    Fake marketing right now is, in most instances, easily recognizable. If we decide to patch the situation with a bunch of "moral" and "smart" laws, then the corporations in question will just get stealthier, and hire few more lawyers to let them workaround the law.

    In the end, we gain nothing, except more complexity, and more lawyers. Great.

    1. Re:Legal overdrive by PhxBlue · · Score: 1

      I mean, how many times should Sony /for example/ face public humiliation and mockery before they decide that this wasn't a good idea to begin with?

      Every single fscking day--not necessarily for any astroturfing on their part, but for the rootkits, etc.

      --
      !#@%*)anks for hanging up the phone, dear.
    2. Re:Legal overdrive by Anonymous Coward · · Score: 0

      Should fake blogs and reviews be banned? They shouldn't be encouraged, but a law is excessive.

      Of course they should. There are companies out there without a reputation to protect that wouldn't think twice about using this sort of tactic. This law does not affect my rights or freedom, it only affects those companies who are willing to misrepresent themselves to try and sell something to me. How can this possibly be a bad thing?

      You do have a point about excessive laws being bad, but this isn't one of them and as long as it is well written. That is if the law refers to the act of the company misrepresenting themselves as a consumer rather than banning the specific acts, then it shouldn't be easy (and hopefully not at all possible) to workaround it.

  81. Inconsistency, or just two different audiences? by Awel · · Score: 1

    How come everyone's saying in response to the viral marketing post that viral marketing (or indeed any marketing) is Bad and Something Ought To Be Done About It, yet when Something is proposed to be Done About It, everyone is yelling about 'free speech'?

    (Of course, free speech actually has nothing do to with this situation; the 'rights' (an artificial concept in any event) are to allow people to express opinions without retribution, not to assist them to deliberately deceive.)

    1. Re:Inconsistency, or just two different audiences? by Anonymous+McCartneyf · · Score: 1

      Actually, a lot of the comments to the viral marketing post seem to say, in effect, "oh well, people need to get more cynical anyway."

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  82. Sock puppets...? by MintyGreenMedia · · Score: 1

    Y'know, for a moment (after I read the headline, before I read the description), I thought they were referring to sock puppets literally. I was rather confused as to why the EU would outlaw something so (usually, anyway) innocent.

    As for banning astroturfing, that, I can understand.

  83. You're not alone. by Beardo+the+Bearded · · Score: 1

    I had the same first thought too.

    "What the? Sock puppets? Is this a problem in Europe?"

    Lorry / Truck; Sock-puppet / Astroturfing, I suppose.

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
  84. Lobby groups by denis-The-menace · · Score: 1

    How else are the politicians supposed to get Brib..er.. tip$?

    --
    Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  85. pump and dump by fuliginous · · Score: 1

    Wonder if it covers interested parties saying great things about companies they then want to sell shares in? Have to go and read it I suppose.

  86. No they'll be running the country as usual.... by Anonymous Coward · · Score: 0

    Does that mean there going to ban The Muppets...


    No they'll be running the country as usual....
  87. Re:"United States government politics" by Macthorpe · · Score: 1

    Which isn't surprising considering you're mainly going up against sheep :P

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  88. Pets.com by burndive · · Score: 1

    But I liked the Pets.com sock puppet commercials.

    --
    ...because "hacker" sounds way sexier than "code drone."
  89. bad idea by oohshiny · · Score: 1

    This sounds like a good idea at first sight, until you realize how intrusive enforcement can become, and how much collateral damage enforcement may take.

    In some countries in the EU, some lawyers have made it their business to send out letters claiming they are injured parties and demanding recompense from you if they think you violated some regulation; you have a choice of paying these bloodsuckers or wasting your time in court even if the accusations are groundless. The more senseless regulations you get, the more you are going to see abuses like that. If this law were really effective consumer protection, it might be worth it on balance, but I just don't believe it will help much.

  90. Big companies leak by 2901 · · Score: 1

    The core of the offence is that the poster is being paid to mouth other people's opinions. That is miserable work, most people want to give voice to their own opinions. So they move on and talk in the pub about their old job. It all comes out.

    Also UK law says that there is no confidentially in iniquity. If the conduct is illegal it is automatically not confidential, which makes it all the more likely to leak out.

  91. Commercial speech and normal speech by Anonymous+McCartneyf · · Score: 1

    "And that's exactly why COMMERCIAL speech is separated from NORMAL speech; commercial speech is telling people about a product, which could have a major impact on their life."
    So, speech should be free only if it's about things that can't possibly have a major impact on someone's life?
    I am for truth-in-advertising laws. I'm not crazy about snake oil either. But the laws shouldn't have to be legally enforced before the ads come out, and there should be a fair hearing when those laws are invoked. There's always a slim chance that the "snake oil" actually works--think of aspirin. (I don't encourage people to use snake oil on that basis, but...)
    What this law would do in the UK would be to prevent things like a company putting out flyers in one part of the store to extol the benefits of a product which has not been legally proven to have benefits and thus cannot have those benefits written on the product's label. Avon ladies will not be allowed to distribute homemade flyers on the insect-repelling benefits of original Skin-So-Soft. Health food stores won't have racks of pamphlets on the benefits of herbs that are sold elsewhere in the store.
    I object to "commercial speech should not be free because it can impact lives" because the same argument applies to some political speech. Freedom of speech was formalized in America for the benefit of life-changing political speech, so...

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  92. Falsely representing yourself by Anonymous+McCartneyf · · Score: 1

    Yes. You have the right to call yourself all these things. Just don't be surprised if no one believes you.
    On the other hand, the gov. doesn't seem to think that people who aren't cops have the right to say they are cops...

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
  93. While we're talking about bad ideas by dsmall · · Score: 1

    The Emperor doesn't have any clothes on. The EU isn't such a good idea, are you starting to see why?
    Now the EU has to ban sock puppets. I wonder what thoughts and forms of communications it will have to ban next. Frightened and vindictive little bureaucrats in little jobs always do things like this. Where my son works, he was told to "keep your feet off that trash can, it's company property!".
    I do understand that it's traditional to blame America first, and to regard Americans as over-hasty nuclear cowboys. I would hate to break any traditions here. As Ted Taylor (the gifted nuclear weapon designer Taylor) noted, most of the theoretical group at Los Alamos were liberal Democrats. (from: The Curve of Binding Energy, John McPhee). It's a funny old world.
    There is something just the littlest bit ironic about posts complaining of gullible Americans that originate in EU countries.

    I read, I smile, I move on. -- thanks, Dave Small

    1. Re:While we're talking about bad ideas by oohshiny · · Score: 1

      Your post is a complete no-sequitur. Do you just post that sort of drivel in response to anything?

      The Emperor doesn't have any clothes on. The EU isn't such a good idea, are you starting to see why?

      No, I don't. Occasionally, the EU passes bad laws, just like any national legislature does, and just like the US Congress does.

      There is something just the littlest bit ironic about posts complaining of gullible Americans that originate in EU countries.

      There is evidently a whole lot of stupidity and name calling on both sides of the ocean.

      Frightened and vindictive little bureaucrats in little jobs always do things like this.

      It's you who strike me as a "frightened and vindictive little" mind, actually.

  94. No by Anonymous Coward · · Score: 0

    I'm thinking Jesus Christ might be able to get a job in a hospital pretty easily. No, he wouldn't. Hospitals and the drug companies don't want to "cure" anything. They want to "treat". If you cure someone, you don't get more money from them. If you "treat" them you can milk them for their every last cent.
  95. Re:"United States government politics" by Anonymous Coward · · Score: 0

    Setting a date to pull out of Iraq is insane. The country needs to be properly stabalised first..

    So, in other words, you'll never pull out.

  96. Re:"United States government politics" by inphorm · · Score: 1

    That's quite possibly true as well. Nobody has successfully stabalised the area in the last 4000 years..

    - paul

    http://www.paulpichugin.com.au/

  97. Oh, what the hell. Two can play at this game by iminplaya · · Score: 1

    Because "Simon Garlick" would know, since he pimps his kids out to every perv in the county for only 250 bucks a night...

    See? That's all that's necessary to put a stop to such trash..Nothing more. But here, you're on the "right" side of the fence, and we can see how the point spread will go. Already evidenced by the above score. So be it. It's your world. Do with it as you wish. I'm just a visitor. I just find you people to be odd, in that you don't seem to mean what you say or say what you mean. I have trouble with latter, myself.

    PS. Required disclaimer...just in case some whacko takes this too far:
    My previous comment is, to the best of my knowledge, untrue..... and don't you dare restrict my right to say it!

    Oh wait... maybe true free speech IS an absolute. Not only that, It couldn't be more clearly, undeniably stated in America's most "valuable" document. Or are we just supposed to keep on guessing how far it really goes? There's obviously still plenty of disagreement over such a simple statement. Who ever thought that the LAW industry would reap such huge profits over "...no law..."? That's quite a paradox!

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    What?
  98. There's no such thing as true free speech by jamyskis · · Score: 1

    Even in countries like Canada, the UK, Germany and US which claim to treasure free speech, there's always some kind of pressure to suppress critics of those in power. In countries like the above, but especially the UK and US, suppression of free speech isn't carried out by governments as such, but by huge commercial entities, who threaten people exercising free speech rights with libel or slandel lawsuits.