Slashdot Mirror


Online "Public" Spaces Don't Guarantee Rights

mikesd81 recommends an AP piece covering a lot of examples of the ways free speech and other rights don't exist on the private Web. One case featured was that of Dutch photographer Maarten Dors, who had this picture deleted by flickr. Without prior notice, Yahoo deleted the photo on grounds it violated an unwritten ban on depicting children smoking. While Dors eventually got the photo restored, after the second time it was deleted, the case highlights the consequence of having online commons controlled by private corporations. "Rules aren't always clear, enforcement is inconsistent, and users can find content removed or accounts terminated without a hearing. Appeals are solely at the service provider's discretion. Users get caught in the crossfire as hundreds of individual service representatives apply their own interpretations of corporate policies, sometimes imposing personal agendas or misreading guidelines. First Amendment protections generally do not extend to private property in the physical world, allowing a shopping mall to legally kick out a customer wearing a T-shirt with a picture of a smoking child." Reason.com has some more analysis on the issues brought up by the AP story.

73 of 347 comments (clear)

  1. If you want a job done right, by Mesa+MIke · · Score: 5, Insightful

    ...you gotta do it yourself, (and host it on your own servers)

    1. Re:If you want a job done right, by Anonymous Coward · · Score: 2, Insightful

      If you want a job done right, ...you gotta do it yourself, (and host it on your own servers)

      Until your upstream provider cuts you off... or your registrar cancels your domain name... or you get removed from search engines...

    2. Re:If you want a job done right, by KillerCow · · Score: 4, Insightful

      If you want a job done right, ...you gotta do it yourself, (and host it on your own servers)

      Until your upstream provider cuts you off... or your registrar cancels your domain name... or you get removed from search engines...

      you missed one: or ISPs block customers from accessing you.

    3. Re:If you want a job done right, by TubeSteak · · Score: 2, Funny

      ...you gotta do it yourself, (and host it on your own servers)

      And hope that /. or [large website] never links to you.

      Could your webhosting handle a /.'ing?

      --
      [Fuck Beta]
      o0t!
    4. Re:If you want a job done right, by drinkypoo · · Score: 2, Interesting

      This is what net neutrality is all about. Anything inconvenient can be made painfully slow to use. This has already been handled by giving users shitty upload speeds and dynamic IPs, which forces users to host their data, which makes it easier to remove from the mainstream cluster of websites.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:If you want a job done right, by KGIII · · Score: 2, Insightful

      Hell, even Windows users have XAMPP that makes it pretty much point and click with little or no actual knowledge needed. They even get PHP by default (and can add PERL) so that they can do so even easier with a handy install of WP, SMF, phpBB, or just put the plain ol' HTML or raw images into the right fricken folder. 'Snot hard. Then, to make it easier, they can get one of the many tools that work with the DNS resolving (or even directly with the domain registrar I understand but I've yet to try one) so that it doesn't matter if they have a dynamic address. For FREE... For FREE they can find an English translation of the euro-bloc pages that offer image hosting. If people can put kiddy porn and warez online, openly, then you can sure as hell find a spot to post a picture of a child smoking a cigarette with little or no effort.

      Blatent plug: I own a hosting company and we, as a general rule, don't actually even LOOK at what our clients host. We let 'em post what they will and deal with it as the ocmplaints roll in. Usually we don't get complaints.

      I say that so that I can say this: I know that we're not alone in this policy. In fact, I know that the vast majority of hosting companies (even the free ones) don't actually have the time, resources, or priorities of checking content until a complaint is made. Instead, when you put your controversial content on a site that has an image to protect you shouldn't have an expectation of it remaining there. You should have an expectation of conflict.

      When you do controversial things with other people's property (which is still the way the web is - we can argue the merits of that another time if we want but I suspect we agree) you are subject to their rules. If they allow an appeal and opt to change the policy or make an excpetion than great, if not then there is no recource and I honestly don't think their should be in most cases.

      I can think of one exception... If you are a PAID customer with a contract and you haven't clearly violated the terms of service than they should refund the portion of unused monies to you. If you are a free customer than you should know that the best policy is to be prepared for failure and to keep a backup of everything just in case something goes wrong.
      This is one of those subjects that I made it a point to make a comment in earlier today so that I'd not waste the remaining mod points on it later while I'm drinking. I am all for finding a system that allows full freedoms. This system isn't it. These servers belong to private parties who pay for them with private funding. The tubes may have been backed by government funding through taxation a while back but that doesn't mean anything concerning this topic.

      Anyhow, most ISPs that I've encountered (limited exposure probably) didn't have TOO irational a domain name lately. They just don't actually usually support things like databases, PHP, and actually offer much space.

      Finally, I'm not disagreeing with you. I'm just adding my own views to hopefully support (if it isn't supporting I blame beer) your same sentiment.

      --
      "So long and thanks for all the fish."
  2. No Shit? by clifyt · · Score: 5, Insightful

    Next you know, someone is going to tell me I can't have free speech in someone else's home!

    If I can't go into random people's houses, and in privately owned property and say what I want, you are oppressing me!!!

    1. Re:No Shit? by BobMcD · · Score: 4, Insightful

      I know you're just being a smartass, but what you have actually said is literally true.

      You absolutely CAN have free speech in someone else's home. They also have the right to ask you to leave, but you absolutely, most certainly are FREE to hold and express whatever opinions you want.

      Free speech does not guarantee a receptive audience, it only protects your right to express yourself.

      That being said, and back on topic, I personally see websites such as this as being in the middle. This isn't a case of someone sullying flickr's personal space with their own, unwelcome content. This is flickr providing a place to publish, then censoring that publication without informed consent.

      Those are two very, very different things.

    2. Re:No Shit? by bistromath007 · · Score: 4, Insightful

      As with any example of this problem, the issue is ubiquity. There are few, if any, open fora today, since almost all space where you have hope of reaching any ears is either private space, or standing close enough to it that they get to complain anyway. It's one of many ways in which the government, finding itself reaching limits too politically dangerous to breach outright, basically outsource the business of limiting individual freedoms to large corporations on the basis that the corporations need freedom, too. This is the very root of fascism.

    3. Re:No Shit? by CowboyNealOption · · Score: 5, Funny

      1600 Pennsylvania Avenue NW Washington, DC 20500 Just hop the fence and come right in.

    4. Re:No Shit? by Mesa+MIke · · Score: 2

      Quick! Let us nationalize teh intarwebs.
      That'll remove the fascism from the system!

    5. Re:No Shit? by jc42 · · Score: 2, Insightful

      That's why every website that allows you to contribute to it has a terms of service you have to agree to before they allow you access. And in that TOS (if you bother to read it) it also tells you that you have no rights to whatever you contribute to it, and that they reserve the right to remove it at their discretion whenever they choose for any reason.

      Indeed. And this is the point in the discussion where someone should point out that in the US, and in most other countries with free-speech laws, the law only says that the government can't restrict your speech. Private corporations are exempt from such laws, and they can restrict your speech (when you use their equipment) any way they like.

      If you want free speech on the Internet, the only way you can get it is if your connection is owned and controlled by the government. If a government agency controls the wire, the laws protect you from interference with your speech (with certain obvious limits such as libel and incitement to commit crimes). But if a private corporation controls the wire, you have no legal rights whatsoever.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  3. Liberty is not just impinged by the government by Actually,+I+do+RTFA · · Score: 4, Insightful

    Libertarians seem to forget or blithly ignore that the government is not the only means of restricting your rights. For the vast majority of US history, corporations have been bigger threats to individual rights.

    --
    Your ad here. Ask me how!
    1. Re:Liberty is not just impinged by the government by mikelieman · · Score: 2, Insightful

      Consistent with libertarian beliefs would be if they didn't incorporate in the first place. Once a corporation exchanges their rights for the benefits of incorporation, they really shouldn't complain.

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
  4. Um.... duh? by Reality+Master+201 · · Score: 4, Insightful

    Flickr isn't a public place. It's a private place they let other people use. You agree to their terms when you use the site. They can remove content they don't find appropriate.

    It's private property. Your rights to do what you want have always been limited on private property. If you want to have free speech online, get your own damn website or find a site that's willing to tolerate whatever you have to say.

    1. Re:Um.... duh? by Actually,+I+do+RTFA · · Score: 2, Insightful

      get your own damn website

      And have GoDaddy randomly take down your site (RTFA)? Oh, you don't have to use GoDaddy, but you're still reliant on someone's server. I suppose, if you have access to a high-speed connection that allows you to host a server, and can afford it, you could host it locally, but that is a huge number of people you just removed free speech online from.

      --
      Your ad here. Ask me how!
    2. Re:Um.... duh? by CastrTroy · · Score: 4, Interesting

      But the lines (tubes) that the content is travelling across is privately owned. If ISPs don't want certain kinds of content travelling over their private networks, are they, by the same logic, allowed to block it? I'm a net neutrality supporter, but I'm kind of playing devil's advocate here. Why would a service provider like flickr for instance, be within their rights to remove sites they didn't like, and the ISP not be within their rights by blocking access to the same site over their network?

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    3. Re:Um.... duh? by Conception · · Score: 2, Informative

      I don't know. It's been recently ruled that shopping centers are considered public spaces as people have an expectation of them being public spaces even though they are privately owned. I could see, both fortunately and unfortunately, something like myspace being ruled as a public space just due from the public perception of it being reasonably public.

    4. Re:Um.... duh? by drinkypoo · · Score: 4, Insightful

      Why would a service provider like flickr for instance, be within their rights to remove sites they didn't like, and the ISP not be within their rights by blocking access to the same site over their network?

      Common carrier status.

      I don't know if it ACTUALLY is considered to apply to ISPs, but my understanding is that in exchange for not being legally responsible for facilitating illegal communications, the phone company is not allowed to determine what kind of communications you are allowed to make over their network. It's perfectly legal for them to stop an illegal call, but illegal for them to snoop on you and find out if you're making one.

      The same logic should (if it does not already) apply to ISPs. They are just there to shovel your packets. If they want control over some of my packets, they must take responsibility for all of my packets, because if they are messing with them then anything they aren't blocking is by [one possible :)] definition approved.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Um.... duh? by jc42 · · Score: 2, Interesting

      Common carrier status.

      It can be instructive to look into the history of that concept. Google for "common carrier" and "history", and buried in the zillions of hits is a lot of history.

      An interesting part is the origin of the concept. Centuries ago, before electronics, messages were generally carried by messengers or couriers, typically a man on horseback. There were some serious problems with the system. Imagine a case in which prince A wants to send a message to prince B about an action (financial, legal, military, whatever) that they are planning against prince C.

      One problem was that it was common to "blame the messenger for the message". If B doesn't like the message, perhaps because he's secretly cooperating with C, all too often B's response to the message would be to torture, injure, or kill the messenger. This isn't good for the courier service's business.

      But the courier services had defenses against this. The obvious one was that couriers would often read their messages. If a message contained bad news for the recipient, it was likely that the courier would "lose" the message in self defense. Also, in the above case, the courier might make a copy and sell it to prince C. This sort of thing isn't good for the senders or recipients of the messages.

      The "common carrier" concept arose as a solution to such problems. It was essentially an agreement that a courier wouldn't open and read messages, but would just deliver them unexamined to their recipients. In exchange, the recipients agreed to not harm the couriers (and to pay their bills even if they didn't like the messages ;-). This sort of agreement, especially with the force of law behind it, was what made long-distance business and political communication possible for the first time. Without it, no communication was reliable, and people were at the mercy of the couriers (who lived in fear of their customers).

      Anyway, whether or not ISPs are common carriers seems irrelevant. They are behaving as if they are not. They are reading the contents of messages, they are slowing or failing to deliver messages whose contents they don't like, and they are selling information about message contents to the sender's competitors and/or government agencies. The ISPs are making the Internet unreliable and untrustworthy. They block messages to our friends and sell our messages to our enemies, to put it in Medieval terms.

      They are seriously risking the possibility that their customers will respond by "shooting the messenger" sometime soon. But it's also possible that the ISPs might wise up, as did many Medieval princes and merchants, and realize that a "common carrier" service that provides reliable, secret communication is a business necessity.

      Or maybe they won't. The analogy isn't perfect. The ISPs seem to think they have an opportunity to control all communication, which would put them at the top of the power pyramid. If this is truly what they're thinking, we might be in for some tough times ahead, as they systematically sabotage all our communications, and the business and political worlds fall into chaos as a result.

      But it never hurts to understand a bit of the history of why concepts like "common carrier" arose in the past.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    6. Re:Um.... duh? by dodobh · · Score: 2, Informative

      ISPs are not common carriers.

      --
      I can throw myself at the ground, and miss.
    7. Re:Um.... duh? by hypergreatthing · · Score: 2, Interesting

      I dunno, places where you make an account and agree to a eula to me are public places. Anyone can sign up, there's no defined user base and there's no boundaries.

      Sounds to be you're talking about a gated park that allows anyone to enter as long as they follow established easy to understand rules like, "no dogs, no alcohol, park closes at sundown" type of thing.

      You sort of give away your private property status when you invite anyone to join.

      If not, i guess i'll start a barbershop, and whenever i see an asian person come in i'll tell them they're not welcome there. I guess that works under private property, right?

  5. What the... by edmac3 · · Score: 2, Insightful

    These spaces aren't public-they're paid for with private money by private companies (or their shareholders). Why is there a feeling of wrong doing here? They can do whatever they want with their own servers and websites.

  6. Click Elsewhere by negRo_slim · · Score: 4, Informative

    It's just like any convenience store, it's a public space but private property. If you say something off color or for whatever reason whomever is in charge deems you an undesirable you can be forced to leave... I don't really see much of a difference here other then a website might have a ToS for you to peruse while in a store you have to rely on *gasp* common sense and social skills.

    If this really is such a problem stop devoting so much time and effort onto areas controlled and governed by private entities. Seek out new places where rules are consistent and turning a profit takes a back seat to a good user experience or quality service provided... Just my .02...

    --
    On the Oregon Cost born and raised, On the beach is where I spent most of my days
  7. Re:Cue the Reaganites.. by religious+freak · · Score: 4, Insightful

    Your timing is impeccable, but your logic is flawed. So you think YOU should be able to tell them how to run their business? Or do you think the government should take care of that for you?

    This is their property, they have a right to determine what is appropriate for them and what is not. If they suck and censor stuff that doesn't make sense, they go out of business.

    --
    If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
  8. You're missing the point. by Estanislao+Mart�nez · · Score: 4, Insightful

    Of course other people should be able to control how others make use of their property. Nobody's denying that. The question is: where can you exercise your right to free speech in the Internet, without being subject to others' right to control how you make use of their property?

    In real life, there exist spaces that are clearly public. In the Internet, there aren't any obvious ones. Even if you try to set up your own site, the various providers may censor you if they choose to do so.

    1. Re:You're missing the point. by jc42 · · Score: 2, Interesting

      The "solution" seems to publish on your own computer in your own home (because there is no public space, anywhere), ... But then you run into the problem that ... an ISP (whose network you use) can decide to not allow their net to be used by people initiating connections to your computer.

      Perhaps this is a case where the worn-out automotive analogy is relevant. In the case of travel, I own my own home, but I'm not restricted to that home. I have a car, and I can legally drive it on the roads next to our lot, and on the roads that those two roads intercept, etc. I can legally drive nearly anywhere on the road system. Why? Well, it's because those roads aren't private property. They are almost all owned by government entities (the city or state or national government), and the US Constitution says that government entities can't restrict my travel (with the obvious exception of when I've been convicted of a crime).

      The current Internet is unfortunately like the road system that the private-property fanatics advocate. Imagine a road system in which every segment of road was private, and you have to have permission from every owner to drive along a road. There would be a roadblock and a toll booth at every intersection. The person there could decide to not allow you to drive on the next road segment.

      This would be clearly unworkable. And it's pretty much how the commercial Internet is now organized. The ISPs are just now waking up to the power they have to "shape" traffic. They see a future in which they can collect unlimited tolls for passage along their segments of the system. They see the power to block traffic by people that they don't like, and to charge extra for access to popular places.

      It might be that, in the not-very-long run, the only solution is to "nationalize" the Internet. If its various segments are, like the road system, mostly owned by government bodies, the Constitution will guarantee unrestricted passage by our packets (with the obvious exception of certain types of criminal activity).

      I do have the usual suspicions about the competence and good will of our typical government agencies. But they have done a mostly good job of providing a road system that works, without having government inspectors stopping us at every intersection and blocking travel by people that the party currently in power locally doesn't like. Maybe this is the model we should be looking at for the future of the Internet. Maybe private ownership of the comm lines is ultimately just as unworkable as private ownership of the roads.

      If you want freedom, at least here in the US, our laws only protect you in "public" places. In private places, you effectively have no rights to even be there, much less do as you like, unless you're the owner.

      (BTW, this isn't true everywhere. For example, google for "allmansrätt" to read about the Swedish law on use of private property. Of course, a lot of the hits will be for pages in Swedish ...)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  9. Artificial Legal Entities by mikelieman · · Score: 2, Interesting

    A corporation, by definition is an Artificial Legal Entity ( ALE ). Which means, that is is CREATED not by Natural Persons, but by another Artificial Entity. ( The State )

    Given our State Constitutions, it's CREATED by The People of the Great State of whatever, by way of the Secretary of State's office.

    Now, turning to examine the Declaration of Independence, we see that RIGHTS COME FROM OUR CREATOR.

    So, we have a situation where the "rights" of an Artificial Legal Entity are *EXACTLY* what the Secretary of State's office ( their Creator in the context of "rights" w.r.t the Declaration of Independence ) gives them.

    Now, with all this in mind, answer the following question:

    Since the Secretary of State's office is limited by constitutional prohibitions, can that office confer on its own creation *more* authority than it, itself has?

    I offer that , SoS > ALE , and therefore ALE's are automatically bound by the constitutional prohibitions of its creator.

    I see NOTHING in the Declaration of Independence OR any Constitution saying otherwise. Anyone have citations to support the counter-argument?

    --
    Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    1. Re:Artificial Legal Entities by Actually,+I+do+RTFA · · Score: 2, Interesting

      Well, the Declaration is not legally relevent. That "rights from the creator" may be morally or technically true, but has no legal truth.

      I find your point of view interesting, but you should rephrase it would referencing the Declaration. More like "The government has no legal right to do X, can they create an independent organization to do X?". I don't recall the answer, but I believe there is caselaw about that.

      --
      Your ad here. Ask me how!
    2. Re:Artificial Legal Entities by Aetuneo · · Score: 2, Insightful

      The only real response I can find to this is to quote Foucault's Pendulum at you:
      "Morons never do the wrong thing. They get their reasoning wrong. Like the fellow who says all dogs are pets and all dogs bark, and cats are pets, too, and therefor cats bark. Or that all Athenians are mortal, and all the citizens of Piraeus are mortal, so all the citizens of Piraeus are Athenians."
      "Which they are."
      "Yes, but only accidentally. Morons will occasionally say something that's right, but they say it for the wrong reason."
      ...
      "In such statements you suspect that something is wrong, but it takes work to show what and why. Morons are tricky. You can spot the fool right away (not to mention the cretin), but the moron reasons almost the way you do; the gap is infinitesimal. A moron is a master of paralogism."

      --
      Everything is subjective.
    3. Re:Artificial Legal Entities by mr_matticus · · Score: 2, Insightful

      A corporation, by definition is an Artificial Legal Entity ( ALE ). Which means, that is is CREATED not by Natural Persons, but by another Artificial Entity. ( The State )

      Error in the first step.

      A corporation is not created by the state. It is created by private citizens, who then register it with the state, where they pay taxes in order for the unmolested privilege of selling to residents of the state and providing a form of accreditation for third parties to verify against.

      At no point does the corporation become an arm of the state or an agent of the government.

      So, we have a situation where the "rights" of an Artificial Legal Entity are *EXACTLY* what the Secretary of State's office

      No. The "rights" of a corporation are those granted to them by the state's business and professions code, its labor laws, and relevant legislation, granted, interestingly enough, by the legislature, which is composed of citizens. The Secretary of State is not legally endowed with the power to grant or deny rights.

  10. Re:Cue the Reaganites.. by plasmacutter · · Score: 4, Insightful

    Yeah, and for 6 years when I was moved to the southeast with my family in the early 90's, we rented a house.

    Maybe they should be allowed to put riders in my rental contract saying I can't campaign for my local green party, or post signs in the yard detailing exactly why supply side economics is flawed?

    How long do you think that would fly in court.

    There's a reason the federal government stared suing private citizens/businesses for violating people's constitutional rights in the late 60's.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  11. Re:Cue the Reaganites.. by Actually,+I+do+RTFA · · Score: 3, Insightful

    If they suck and censor stuff that doesn't make sense, they go out of business.

    Citation needed. When has that ever happened.

    --
    Your ad here. Ask me how!
  12. Re:The ignorance is breakthtaking by computational+super · · Score: 4, Interesting

    Here's the chicken-and-the-egg problem I see with this... it's up to Flickr to decide what gets posted on their site, right? They own it, after all. Or, that is... they paid a registrar the $10/yr or whatever that it costs to register a domain name and a hosting company to host it - or they hosted it themselves, but paid an ISP to provide the upstream bandwidth... so, they "own" it right? Or... does the registrar own it? Or does the hosting company own it? Or does the upstream ISP own it? If the Dutch photographer in the story wanted to host his own "children smoking cigarettes" website and registered with "GoDaddy", GoDaddy might very well shut it down (like they did in another case in TFA). Or the upstream ISP might shut it down (like they did in another case in TFA). Who ultimately gets to decide what's inappropriate content, and who ultimately gets to decide what's actually OK?

    I actually agree with letting Flickr remove whatever they want to remove (although in this case it was way stupid), but this starts to get a bit more complex than it seems when you start thinking about it.

    --
    Proud neuron in the Slashdot hivemind since 2002.
  13. Privately owned spaces have never been free by jschottm · · Score: 3, Insightful

    Free speech (within the United States) applies to government muzzles - it has never and should never apply to private areas that the public uses. Just as I have no guaranteed right to free speech in a mall, movie theatre, or someone's front yard, the same applies to online spaces. I'm a little puzzled why people would have legitimate reason to think that online freedom of speech would be guaranteed. They did read the ToS when they created the accounts, yes? (Yes, I know the answer to that question.)

    Don't like the ToS? Then don't use the service. Ask the provider to fix the problems. But don't complain about "rights" being non-existent. The services being used are created and paid for by _someone_ - that someone gets to set the rules.

    Part of what is great about an open web is that there is a very low bar to entry for people (at least those in first world countries, which the article primarily deals with) to create their own services and sites (limited only be laws). Most of the cases being cited are either free or very low fee sites. It's unrealistic to expect a lot of handholding and hands-on care if you're paying $10/year for photo hosting. If your artistic statement of kids smoking is so important that you have to make it, pony up for a web site someplace. If it's not important enough to the artist to pay $20-100/year for a cheap account why would a corporation be expected to pay the same amount in support costs on the user's behalf?

  14. Or cue the common sense by Moraelin · · Score: 4, Insightful

    Cue the Reaganites claiming nothing is wrong with this practice in 3... 2.. 1..

    Or how about cue some common sense? If I'm on your private property, I have no fucking rights over you or your property. It's your private property. You have the right to control who can be on it, or use it. Otherwise it's not really yours. It's that simple.

    If I happened to be over at your house and started spewing stuff that you find offensive, you're well within your rights to ask me to leave or not to let me in in the first place. Or are you saying that I can drop by your house at any time I wish, and start telling obscene jokes to your wife? I mean, if you don't, you're censoring my free speech, right? You wouldn't want to sound like a "reaganite", would you?

    I'm not even a "reaganite", I'm a western european socialist, if you must put a label on me, but even I'm... amazed at the idiots who think that screaming "first amendment" gives them essentially rights over someone else or their private property. Get this: freedom of speech doesn't mean that anyone else is forced to listen to you, nor that anyone else must help you spread it. Freedom of press applies to whoever owns the press. That's it. It means that if you have a newspaper (or in modern days a server), the government can't come tell you to remove an anti-Bush column. No more.

    It does _not_ mean that you can force anyone to listen. It does _not_ mean you have rights over someone else's newspaper. It does _not_ mean that they must give you a page to spew your speech on.

    In short, it doesn't grant you power over anyone. It just says that the government can't have certain powers over you.

    In other words, it does _not_ mean I can come over and tell you, "OK, I wrote this rant, you must put it on your blog."

    Or if you don't find anything wrong with that, then put your wallet where your mouth is, and provide such an uncensored server for others. That's freedom of the press. You're free to do that. But just demanding that someone _else_ has some duty to provide you with free stuff, is just lame.

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:Or cue the common sense by plasmacutter · · Score: 2, Interesting

      Or how about cue some common sense? If I'm on your private property, I have no fucking rights over you or your property. It's your private property.

      except theyre renting it out to individuals for the express purpose of their own expression, whether it's for directly paid fees or advertising revenue from traffic.
      Their interference/censorship at any point in this process is equivalent to a landlord entering your house in the dead of night and ripping down your kids rap posters because he doesn't like that "negro music".

      You have the right to control who can be on it, or use it. Otherwise it's not really yours. It's that simple.

      According to court precedent, this is not the case when serious constitutional rights are abrogated. Companies are not allowed to cam the lady's restroom, nor are they allowed to engage in discriminatory polices on premises.. in the regular world the government has sued again and again for violation of constitutional rights based on this (think the civil rights era). Yet you say it's perfectly OK for webhosts to be capriciously discriminatory.

      If I happened to be over at your house and started spewing stuff that you find offensive, you're well within your rights to ask me to leave or not to let me in in the first place.

      And If I rented it to you and tried the same thing you'd put me in garnishment until my great grandchildren were too old to reproduce.

      Or are you saying that I can drop by your house at any time I wish, and start telling obscene jokes to your wife? I mean, if you don't, you're censoring my free speech, right? You wouldn't want to sound like a "reaganite", would you?

      false dichotomy. I am not opening my house and advertising it as a public forum like these web hosts are.

      Get this: freedom of speech doesn't mean that anyone else is forced to listen to you, nor that anyone else must help you spread it.

      And nobody is forcing you to visit the websites or view the pictures hosted there, but they have an obligation to treat people equally and not discriminate on them based on political views or aesthetic tastes.

      Freedom of press applies to whoever owns the press. That's it. It means that if you have a newspaper (or in modern days a server), the government can't come tell you to remove an anti-Bush column. No more.

      Yes more. If your press is for hire, like the server, you are not allowed to turn people who like the conservatives away because you support the liberal party.

      In short, it doesn't grant you power over anyone. It just says that the government can't have certain powers over you.

      Apparently you missed the memo at the turn of the 19th century. In the times of our forefathers, royalty also controlled the economic markets, as their estates were the megacorps of the day. In industrial and post-industrial global economics, nationals and multinationals hold equivalent or greater power than governments, and need to be held to the same accountability.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:Or cue the common sense by vux984 · · Score: 4, Informative

      except theyre renting it out to individuals for the express purpose of their own expression, whether it's for directly paid fees or advertising revenue from traffic.

      Sort of like a newspaper or magazine advertisement or editorial column then?

      Their interference/censorship at any point in this process is equivalent to a landlord entering your house in the dead of night and ripping down your kids rap posters because he doesn't like that "negro music".

      So when the paper refuses to run something they find offensive in the ad space I've purchased or refuse to run the column I wrote this week that's equivalent to people sneaking into my kids rooms at night to remove their rap star posters?

      Get real.

      false dichotomy. I am not opening my house and advertising it as a public forum like these web hosts are.

      There's your mistake. They aren't opening their web servers and calling it a public forum. Read the terms of service... they actually read much like the submission guidelines for a newspaper or magazine ad.

      And nobody is forcing you to visit the websites or view the pictures hosted there, but they have an obligation to treat people equally and not discriminate on them based on political views or aesthetic tastes.

      Good luck posting an ad for your S&M party in the local church newsletter, or even a campaign ad for the pro-abortion / gay marriage candidate. Its their forum not yours. They might be offering to let people contribute content to it or even sell space, but its their space, not yours, and they have final say on what goes in it, not you.

      If you want to post something on the internet, retain all your rights to the content, AND be protected by the first amendment: just host it yourself. If no one will print your ad you can always print your own handbills, similiarly on the internet you can host your own content.

    3. Re:Or cue the common sense by buddyglass · · Score: 2, Informative

      Or how about cue some common sense? If I'm on your private property, I have no fucking rights over you or your property. It's your private property. You have the right to control who can be on it, or use it.

      Yes and no. For instance, some types of private property are considered public accommodations by Title II of the Civil Rights Act of 1964. Restaurants, hotels, etc. As such, the owners of these properties cannot discriminate on the basis of race, religion or national origin. So in the general case it is not true with regard to your personal property that, "You have the right to control who can be on it, or use it."

      In this particular case, though, I doubt Flickr qualifies as a public accommodation. Also, from what I can tell, there is no speech issue here since the constitutional protection of speech only prohibits congress (and, by extension, lesser govt. entities such as states) from prohibiting speech, not private entities. It's ridiculous that someone would conflate Flickr's removal of this photo as violating their constitutional rights. Now, it's quite possible that the removal violated Flickr's terms of service...in which case a lawsuit may be in order.

    4. Re:Or cue the common sense by plasmacutter · · Score: 2, Insightful

      I notice your careful avoidance of this point:

      You have the right to control who can be on it, or use it. Otherwise it's not really yours. It's that simple.

      According to court precedent, this is not the case when serious constitutional rights are abrogated. Companies are not allowed to cam the lady's restroom, nor are they allowed to engage in discriminatory polices on premises.. in the regular world the government has sued again and again for violation of constitutional rights based on this (think the civil rights era). Yet you say it's perfectly OK for webhosts to be capriciously discriminatory.

      It's plain and simple.. if you don't hold large property owners to the same constitutional standards as the governments whose power they equal, you have ushered feudalism in through the back door.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    5. Re:Or cue the common sense by sumdumass · · Score: 2, Insightful

      According to court precedent, this is not the case when serious constitutional rights are abrogated. Companies are not allowed to cam the lady's restroom, nor are they allowed to engage in discriminatory polices on premises.. in the regular world the government has sued again and again for violation of constitutional rights based on this (think the civil rights era). Yet you say it's perfectly OK for webhosts to be capriciously discriminatory.

      Your a little confused. Those conditions are written in law and the suit was over provisions of the law not a constitutional right. The government cannot sue over a constitutional right on behalf of anyone other then itself either. And the constitution doesn't give the rights, it protects the citizen from the government taking those right by limiting the power of the government.

      And If I rented it to you and tried the same thing you'd put me in garnishment until my great grandchildren were too old to reproduce.

      I think you might be confused a little. You haven't rented anything from a website in the context of the story nor have you payed for any services. You would therefor be a guest regardless of any advantage the website would have because of your presence.

      And nobody is forcing you to visit the websites or view the pictures hosted there, but they have an obligation to treat people equally and not discriminate on them based on political views or aesthetic tastes.

      No, not really. Any company, person, or whatever, has a right to maintain a public appearance and even the public impression in ways that they see beneficial. It could even be counter productive but if it isn't already restricted by a law, then they have that ability. The courts have long rulled that requiring certain hair cuts, limiting jewelry even when it is based on sex, and enforcing dress codes even if they don't provide uniforms does not violate any freedom of expression or equal rights. Something you would do well to understand if that the constitution that you like to fall back on specifically says that you can't use rights in parts of the constitution to deny rights to others. Those actions while on a certain site or at work or on someone's property other then your own, don't take your rights away, they limit them when they conflict with others. You are free to move along to another site that doesn't restrict what you post.

      Yes more. If your press is for hire, like the server, you are not allowed to turn people who like the conservatives away because you support the liberal party.

      But when you consider their message offensive, you can. This has happened often and there was even political ads removed from TV spots in the last election because of it. So regardless of your political views, if the message isn't acceptable, then it doesn't get heard/views/whatever in that venue even if it is your political message.

  15. Re:Cue the Reaganites.. by Fulcrum+of+Evil · · Score: 3, Insightful

    Dude, the kid in the pic was smoking a cigarette, not a pole.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  16. Re:Cue the Reaganites.. by Darkness404 · · Score: 3, Insightful

    Yes, but that all was only needed in the first place because of prior government restrictions. In a truly free market, people wouldn't have to pay taxes, there would be no patents, copyright, etc. In those conditions racism, sexism, and etc. don't fly. We would also have virtually 0 monopolies, and some things would progress at a faster rate.

    --
    Taxation is legalized theft, no more, no less.
  17. Re:Cue the Reaganites.. by profplump · · Score: 4, Insightful

    I'd actually be surprised if your lease didn't say you weren't allowed to post signs without approval, as that's a pretty standard clause is leases. Moreover I suspect that your landlord is allowed to post signs (or at least certain kinds of signs) on the property without your consent.

    As for your right to campaign, your landlord can and probably does place reasonable restrictions on that. For example, you wouldn't be allowed to run a campaign headquarters that admitted the general public, employees, or large numbers of volunteers. And you probably can't post signs. But your landlord's rights only extend with respect to the property and its use, and clauses to forbid you from running a calling campaign from your home, or from posting signs on other property would be unenforceable.

    The government has only worked to counteract (or enforce, depending on your point of view) discrimination on a very specific set of conditions defined by recent statues, and specifically not the constitution or its amendments. And even in that respect the reach of the government is limited to places that claim to be open to the general public -- requiring registration and refusing to take government money is enough to make you a "private club" and circumvent most government interference.

  18. Freedom of the press belongs to those who own one by JSBiff · · Score: 2, Insightful

    The problem with your analysis, the way I see it (which might not line up with current law in any way, shape or form), is that it fails to recognize that corporations are fundamentally composed of people. Slashdot commentators like to reduce corporations to fancy names like Artificial Legal Entity, but those entities are created to provide some organization to the collective exercise of natural rights by groups of real people (shareholders, management, and employees - ok, mostly management, but management are people too. . .).

          If I am the owner (shareholder) of a corporation, and I operate servers, I have the right to freedom of speech (and freedom of the press, which is basically just an aspect of freedom of speech, ultimately) with regards to the content I do or do not choose to host on my servers. The government should not be able to compel speech - freedom of speech also implies the freedom not to speak, not to be compelled to say something I choose not to.

          Of course, with regards to services like Flikr, this raises thorny questions of liability - to whit, to what extent should Flikr be held liable for the content it hosts. After all, if the corporation Flikr wants to argue that it should have the right to take down images it does not agree with, based on freedom of speech, then it is essentially claiming that the content hosted by it represent *it's own* speech, and not the speech of others which it is merely a hosting infrastructure for - that's the real problem, that corps want to have their cake and eat it too - in one court, claim they can suppress speech they disagree with, and in another court, arguing they shouldn't be held liable for illegal content (e.g. kiddie porn, copyrighted images which weren't uploaded with the owners' permission, etc) which people might try to upload to their servers.

          If you want to put up an image, article, or movie, which some corporation won't host for you, maybe you need to think about getting your own server. That still leaves the possibility of getting cut off by your ISP, but that's where contract law comes in (service agreements, where if you made sure the contract you were signing wasn't all screwed up, you can sue them for breech of contract if they cut you off) and where you can take more action to protect your own rights. With free services, the terms are never going to be fair to you. With services you actually pay for, you can negotiate terms which don't screw you.

  19. The net is not a democracy by Opportunist · · Score: 4, Interesting

    It's not even the always propagated anarchy. It's a collection of tiny little dictatorships.

    Basically, every server is owned by someone who can make his rules. I can create a server and dictate that you may discuss anything but pink socks and frilly dresses, because they scare me (and clowns! Nobody discusses clowns on my page!). I needn't publish the info that discussing such things is a nono. I just delete your submission and you can't do jack about it. Why? Because it's my server. My house, my rules, you don't like it, get lost! You wanna talk about those scary clowns that will eat me in the night, do it on your own server!

    That's, on the other hand, the benefit of the net over the real world. YOU make the rules on YOUR turf. You don't like my position, you can very easily move away, something you might not so easily be able to do in reality. If your country bans the discussion of certain topics (it does happen, people. And I'm not talking about Iran or North Korea), you have no choice but to accept it. Moving away isn't always so easy. But it's easy on the net.

    This is also the reason why servers with tight and outright silly restrictions (like my "no socks, no dress, no clown" example above) don't survive for long: People avoid them. So yes, I do consider such information important, to make people aware of such practices and give them an incentive to move their "business" elsewhere, where the ideals of free speech and expression are held in a higher esteem.

    But complaining about it, or even outright demanding that something has to be allowed on a sever, is silly. The server is owned by someone, and he has the right to impose his own rules. You don't like it, move away, choose another server or, if free speech is offered nowhere, create your own.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  20. Re:Cue the Reaganites.. by plasmacutter · · Score: 3, Interesting

    and you don't see something fundamentally wrong with that?

    The whole point of the US constitution was to remove the burdens of feudalism, and yet the above post describes exactly that.

    If you're on someone's land, even if you're paying them for the use of it, you are not free, period. They dictate your life.

    The "private property" angle is no more than a backdoor for tyranny.

    In the days of our forefathers, The estates of the nobility were also the primary economic units.

    In the modern world, corporations have equivalent or greater power than government, and should be held to the same constitutional standards as government. To do otherwise is to erect half a fence, and put a sign on the other half saying "it would be nice if you didn't enter", all the while claiming airtight security.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  21. Flickr Dichtomies by WwWonka · · Score: 2, Insightful

    I have to say Flickr is by far one the most disappointing experiences I have had online.

    I am a professional photographer who uses Flickr as a means to promote my craft. I have even paid for a "pro" account to ensure consistency. Well, Flickr not only has taken censorship into their own hands, but have ZERO support for asking why and when and how to correct the situation. I have an account where I moderate my own material and have done it very well. BUT somewhere along the lines something happened and Flickr has made my account inaccessible for non-Flickr members and hard for even Flickr members to view. I tried to contact them through normal email channels many, many times with zero results and even rude replies from a moderator named "Terrence". I then went the phone method with Yahoo(their parent) only to find Flickr offers no support other than online, which has proven useless.

    I have now lost noticeable business and online presence because of this, and all I was looking for was a little help. I have even thought to take Flick to small claims court for not only my membership price(which they refuse to refund) but also the time wasted and lost income. I also have fellow photographers who have lost their entire Flickr archive due to Flickrs weird self censorship.

    I wonder how many people this has happened to. Now this article appears to show I am not the only one.

    --tomjulio.com ...my Flickr account

    1. Re:Flickr Dichtomies by Cathoderoytube · · Score: 2, Funny

      I posted a picture of a penis monster saying 'Hi I'm Muhammad' with a caption that said 'I'm pretty sure this is what Muhammad probably looked like' on my flickr account and it hasn't been taken down. I'm not that familiar with Flickr but I was 100% sure that pic would have been taken down. I guess the lesson here is, in Flickr's eyes a photo of a child with a cigarette is more objectionable than openly insulting somebody's religion. http://farm3.static.flickr.com/2143/2214325041_4e6ed4516b_o.jpg

      --
      I have nothing compelling to say
  22. Re:Let's correct this flawed analogy. by veganboyjosh · · Score: 3, Funny

    Just a really weird lease.

    I once was going over a potential lease to see what I would be signing up for, and in the part where it talks about what the landlord is not responsible for (telephone bills, cable, garbage pickup, etc) there was a sentence on its own. "Tenant is solely responsible for any and all pizza delivery charges." I like to think about the misunderstanding that must have occurred to get that phrase into subsequent versions of that landlord's lease.

  23. Re:Bunch of morons... by iter8 · · Score: 3, Informative

    Any private company or citizen can censor all they want. The protections of free speech are toward the government NOT against free citizens or the companies they own.

    Not quite. Suppose Flickr decided to remove any pictures of black people or catholics, do you think they would be exercising legitimate property rights? Do you think that they could get away with it? Property rights are not absolute. They can be trumped by other rights - free speech can be one of those rights. This case isn't so clear cut as many on /. claim. In the US, in 1980, the California Supreme Court became the first state high court to rule that under its own Constitution shopping malls were public forums. link Private property, but free speech.

  24. Re:Cue the Reaganites.. by ScentCone · · Score: 2, Insightful

    They are renting you the photo hosting for the advertising traffic.

    It's no different than leasing someone a car (to bring up the famous slashdot car analogy).


    Yeah, no difference, other than the whole "completely different" part. When you rent a car, you sign a contract. It probably stipulates, for example, that you can't paint it a different color, or damage it.

    The completely different contract that you agree to when you opt to participate in the activities on the private system that is Flickr, also stipulates that you can't damage that system. Using it to exhibit material that's outside of the boundaries they've established puts you in breach of the agreement YOU made with them, and they're certainly welcome to decide what is considered damaging to the business they're running - as they explain in the terms to which you agree before you can use the system. Is the problem here that you don't actually understand what it means to agree to a contract with another party?

    --
    Don't disappoint your bird dog. Go to the range.
  25. Re:Cue the Reaganites.. by plasmacutter · · Score: 4, Interesting

    Yes, but that all was only needed in the first place because of prior government restrictions. In a truly free market, people wouldn't have to pay taxes, there would be no patents, copyright, etc. In those conditions racism, sexism, and etc. don't fly. We would also have virtually 0 monopolies, and some things would progress at a faster rate.

    I suggest you read the journal entry in my sig if you think no monopoly would arise in a "truly free market"..assuming such a thing actually ever existed in the first place (hint: the last time it did we didn't have metal tools).

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  26. Re:Free as in Speech, Not as in Beer by bersl2 · · Score: 3, Insightful

    I think the story is more that people are coming to realize that there is no true public space on the Internet, just private spaces masquerading as public.

  27. Re:Cue the Reaganites.. by arbitraryaardvark · · Score: 4, Interesting

    If they suck and censor stuff that doesn't make sense, they go out of business.
    Citation needed. When has that ever happened.

    I was wondering how soon tfa would hit slashdot.
    On the internet, there is ease of exit. As a great man once said, the internet interprets censorship as damage and routes around it.

    There's been a recurring pattern in the time I've been online.
    1. Somebody sets up a site that enables free exchange of information. 2. Once they build it, people come. More people come, discussion flourishes.
    3... Profit! , when site builder sells out to Yahoo for lots of money.
    4. Yahoo, conscious of its image, decides to impose censorship. When egroups bought onelist (or the other way around?) and then yahoo bought it, yahoo dumbed it down. You could exchange files any more, then people couldn't see images unless they registered, then text was limited by sundry rules...
    So people left. I don't know anybody who uses yahoogroups anymore.
    Php forums (and blogs) seemed to be the next place to host free speech communities Since they are decentralized, yahoo can't just buy them up.
    The cycle repeats; a virtual space offers a good package of civil liberties, people "vote with their feet", then the big guys want to gobble it up, dumb it down, so people move on...

    The article makes the basic mainstream journalism mistake that used to happen when some reporter would confuse AOL with the internet. It's easy for a big player to buy a popular site and gut the things that made it popular. It's hard for the big player to keep people from leaving for greener pastures.
    --
    Not the example parent post was looking for, but, many slashdot users use firefox instead of explorer, in part because of concerns about microsoft business practices interfering with online freedoms.

  28. Re:Cue the Reaganites.. by Actually,+I+do+RTFA · · Score: 3, Interesting

    Why is a citation needed?

    Because you are making a statement about the world: that censorship can cause companies to go out of business. Your justification of this fact is baseless claims. In the real world, I posit this never happens.

    --
    Your ad here. Ask me how!
  29. Re:The ignorance is breakthtaking by Reality+Master+101 · · Score: 3, Insightful

    I fail to understand why there shouldn't be rights that protect free speech in companies.

    You have a company. You hire a salesman to go out and demonstrate your product. The salesman offends your customers by constantly telling crude sex jokes to them, while he shows your product. Is it his right to say whatever he wants? After all, it's free speech and legal.

    You own a preschool. The teacher tells the kids all about her sexual exploits the night before. Is it her right to do that? It's free speech, after all.

    --
    Sometimes it's best to just let stupid people be stupid.
  30. Re:Cue the Reaganites.. by Chrono11901 · · Score: 3, Insightful

    The price your paying to live there is based on those conditions, if you want to changes those conditions argue with the landlord before you sign the lease or buy your own land and build your own house.

    They have the right to impose those conditions as long as they do so before hand, thus giving you the right to accept or reject them.

  31. Re:Cue the Reaganites.. by ScentCone · · Score: 4, Insightful

    If you're on someone's land, even if you're paying them for the use of it, you are not free, period. They dictate your life.

    Yeah, until you simply buy your own, like they did. Or, in the case of web sites - which, unlike real estate, are vastly less expensive - you build and host your own. You seem determined to complain about everything, but don't mention that little detail: that just like Yahoo did, you can persuade people that you've got a good idea, and can attract the funds it takes to set up shop the way YOU want to... or you can use your own cash. Either way.

    --
    Don't disappoint your bird dog. Go to the range.
  32. Try again, Reaganite. by sethstorm · · Score: 2, Insightful

    However, using said power to (effectively) end-run the Constitution is just covering up tyranny. Using libertarianism to defend it only makes it more obvious.

    There comes a point where The Unquestionable Market fails. When a private entity is able to exert influence by means nearly identical to censorship, the balance has been lost. That is, you've given too much power to entities that censor and use "private entity" as a shield.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  33. Re:Cue the Reaganites.. by dgatwood · · Score: 5, Insightful

    Agreed. In a truly free market, most submarkets would quickly devolve into monopolies that would then abuse their monopoly power to ensure that no newcomers could enter the market either by flooding the market with goods at a loss until the newcomer went bankrupt or by using extra money to exhaust crucial resources from the newcomers' suppliers, ensuring that they could not obtain enough of those resources to meet demands. This, of course, assumes that there are still laws preventing what would be the obvious tools of a truly free market---knocking off their competition (assassinations), burning down their competitor's corporate headquarters/manufacturing facilities, stealing their competitor's physical assets, bribing banks/bankers to not give loans to their competitor, threatening businesses that distribute the competitor's product with pulling all of their most popular products (including products their competitor does not make) if the distributors don't drop all of their competitor's products, etc.

    The promise of a free market as the solution to the world's ills is a fanciful notion that fools many who have never experienced anything resembling a free market. Those who have experienced it, however, immediately see right through such foolishness. Entrenched monopolies are hard to get rid of even with controls on monopolies. Without those controls, they become unstoppable rather rapidly.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  34. Re:Cue the Reaganites.. by falconwolf · · Score: 2, Interesting

    The "private property" angle is no more than a backdoor for tyranny.

    Private property leads to improvements and democracy not tyranny. When government controls all property then you have tyranny.

    In the modern world, corporations have equivalent or greater power than government, and should be held to the same constitutional standards as government.

    Thomas Jefferson foresaw this when he warned about the Corporate Aristocracy: "I hope we shall crush in its birth the aristocracy of our monied corporations which dare already to challenge our government to a trial by strength, and bid defiance to the laws of our country." The fact is is corporations were originally granted their Corporate Charter to improve the common, or public, good. The first corporation to be granted a charter was the Dutch East India Company and the second, two years later, the Honourable East India Company. Both were shipping companies trading goods between Europe and the Indian subcontinent. Shipping was a risky business, pirates could attack ships stealing the cargo and killing the crew or bad weather could cause ships to sink. When one of these happened the owner of the ship was held liable for the loss of cargo and lives. Even someone rich could loose everything they owned, so there weren't many people willing to take the risks. So the Dutch East India Company was granted a corporate charter to limit liability. The only thing someone who invested in East India could lose was the amount of money they invested. This enabled people to invest more in ships which increased trade, which was a common good. The problem, as Jefferson saw, was that corporations became too powerful and are no longer held accountable for improving the public good. If corporations faced the possibility of having their Corporate Charters revoked then they could be held responsible again.

    Falcon

  35. Re:Cue the Reaganites.. by danielk1982 · · Score: 3, Insightful

    >In a truly free market, most submarkets would quickly devolve into monopolies

    And you know this how? You thought really really really hard about it? Given how wrong you are in everything else you wrote, I'm just going to safely dismiss this point as well.

    >..knocking off their competition (assassinations), burning down their competitor's corporate headquarters/manufacturing facilities, stealing their competitor's physical assets

    I think you're channeling the conflict resolution strategies of past (and current) governments. This has not been the route that business have took, and there's no reason to think that this would be different in any another scenario.

    You're also forgetting that businesses, large and small, have no qualms about cooperating with each other, even if they are competitors. Microsoft and HP might fight for the same enterprise market (Windows Server vs. HP-UX), but at the same time can partner in consumer space and relase jointly developed products. Hell, my father works for a medium size frozen food operation, that sells their own branded TV dinners, but also takes contracts from Nestle and various Grocery chains to make their branded dinners. You see similar co-operation in every segment of economy, from automative, to manufacturing, to sofware. None of it is government mandated. None of it is coercive. In the financial sector there are billions of dollars transferred amongst parties based on nothing more than a handshake agreement(and of course, dacades of built-up trust). Has this kind of uncoercive trust been seen at this scale during any other time in human history?

    You are absolutely wrong in your characterization of capitalism and the free market. Looking at it anther way. The US GDP is approximately $13 trillion dollars. There are not enough regulators and auditors in the entire world to monitor even a small fraction of transactions that make up such a staggering GDP. If even a small minority of businesses behaved in the way you caricatured them, the economy would not function and would collapse. It clearly hasn't.

  36. Re:Cue the Reaganites.. by mr100percent · · Score: 2, Interesting

    In those conditions racism, sexism, and etc. don't fly.

    I disagree. You have conservatives boycotting things like Dunkin Donuts and liberals boycotting something brands like Walmart. Chick-fil-A explicitly refuses to hire non-Christians, imagine if there was no government policy to press them.

    For example, I believe that if airlines could get away with it, they'd segregate Arabs from planes etc. Heck, the Fox News and Ann Coulter crowd would love it (Coulter once said she'd love an airline like that).

    If there was no government restrictions, how much sexual harrassment would go on unchecked?

  37. Re:Cue the Reaganites.. by Descalzo · · Score: 3, Interesting

    Not so. I once hosted my own website. No one visited it, because it sucked. So only those with skill have freedom. How do you propose we fix that one?

    --
    I cried real tears when Li Mu Bai died.
  38. censorship by falconwolf · · Score: 2, Insightful

    I think I prefer censorship, conducted under public scrutiny, to any idiot with an agenda being able to whip up chaos.

    You don't fight bad speech by censoring it you fight it with good speech.

    Not that the US doesn't have censorship - for all intents and purposes, if Walmart won't carry your work you've been censored.

    Funny, I buy most of my books and magazines, the ones I don't subscribe to, at Barnes and Noble though I also order books from Amazon. And if B&N doesn't have it and won't order it, which I've never had them do, I can go to Borders or another store. I don't recall ever buying a book at Walmart. And as for the First Amendment, it only restricts government from censorship, not businesses.

    eBay forcing PayPal in Australia, which was ruled a monopoly action but probably would have happened in the US

    eBay could lose a lot of customers. Some sellers only accept certain forms of payment, like VISA. Amazon would love to take some of eBay's customers. As would Yahoo!. My sister both buys and sells on eBay and I bet she'd switch in a heart beat if she had to use a payment system she didn't want to use. Ah, competition.

    Whose rights, whose laws, do we respect on the Internet? Should the rest of the world be forced to respect America's laws when America isn't willing to do the same?

    You follow the laws of the country you're in when you connect, unless you're willing to pay the price.

    Falcon

  39. Re:Cue the Reaganites.. by ScentCone · · Score: 3, Interesting

    ah, so only rich people are entitled to freedom, how nice of you to betray your elitism.

    Are you really so desparate to avoid the few dollars a month - less than the cost of a couple slices of pizza that it takes to host your own web site where you can say whatever you desire - that you're willing to torture the meaning of the word "freedom" to mean its exact opposite? Your definition of freedom is right out of Orwell. Freedom for you is someone else spending money and effort according to your wishes, instead of according to their own. You're no different than every other lazy tyrant that would wait for someone else to build something before moving in to bleed it to death. I imagine you love Hugo Chavez's brand of freedom - he's right up your alley.

    Do you complain that I'm denying you your freedom to drive around by cruelly not buying you a car? Or is it only successful businesses that are mean for not buying you a car? Those bastards, denying you your freedom! I'll bet you've lost track of how many Eeeevil Corporations have denied you the freedom of free food, free mobile phone service, and all sorts of other amenities that you - if you were only free from them - would have for free. Free! Free free free. Other than the whole "someone else actually gets to pay for it" part. It's OK, you're such a superior intellect, and so deserving of having other people toil on your behalf, you SHOULD have businesses making special exceptions to their terms, just for you, because you say so.

    Yeah, we all know who the elitist is here. It looks good on you, too. Anyway, I know you're busy. The people you've got chained up in the basement cleaning your clothes and whatnot probably need supervising. Just remind them that it's your personal freedom that's at stake, and to use extra starch.

    --
    Don't disappoint your bird dog. Go to the range.
  40. Re:Cue the Reaganites.. by servognome · · Score: 2, Informative

    and you don't see something fundamentally wrong with that?

    No. The only restriction is on the modification of property. A landlord cannot discriminate based on your beliefs, nor stop you from inviting associates, sign a petition, etc. Typically such clauses on signs are generalized, with the purpose not being to restrict specific speech, but to protect the visuals of the property. It's not that the landlord doesn't want you to put up your "I Hate the Mayor" sign, you also can't post your "Go local sports team" sign either.

    The whole point of the US constitution was to remove the burdens of feudalism, and yet the above post describes exactly that.

    The US Constitution was not designed to remove feudalism. Originally it was designed as a structure for the association of the member states. Some of the founders like John Adams believed an aristocracy was needed to ensure a stable country. In fact, a psuedo-aristocracy was in place given that Senate members were elected by state legislatures and not individual citizens.

    --
    D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
  41. Re:Cue the Reaganites.. by DigiShaman · · Score: 3, Insightful

    Plasmacutter is a Communist.

    After reading his posts, you can clearly see that he believes in equality at the lowest common denominator. But hey, misery *loves* company! The Chinese and Russians have learned this, why hasn't he?

    No sane and rational person would advocate the abolishment of private property rights. But those that do are fools.

    --
    Life is not for the lazy.
  42. Are you sure of that ? by aepervius · · Score: 2, Informative

    I thought that this was actually a myth and U.S. ISP don't have a common carrier status.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
    1. Re:Are you sure of that ? by drinkypoo · · Score: 2, Interesting

      Well, that's pretty much my understanding too. So let's hold them responsible for everything that happens over their network until they behave like common carriers! That'll rein in their bid for glory pretty quick. Why should a telco be treated differently than an ISP? (Especially when often they are the same company)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  43. The obvious mistake by DaveV1.0 · · Score: 2, Informative

    the case highlights the consequence of having online commons controlled by private corporations

    There is no such thing as "online commons" nor is there such a thing as "public online space" because all the servers that make up the internet are owned and controlled by someone or some organization.

    The only way there would be such things is if there were publicly available, public owned servers, and even then, said servers would be controlled by the government and would be subject to the governments rules on internet use.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  44. Re:Cue the Reaganites.. by The+Slashdot+Guy · · Score: 2, Insightful

    Your justification of this fact is baseless claims. In the real world, I posit this never happens.

    Citation needed.