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Patry Copyright Blog Closed

I Don't Believe in Imaginary Property writes "William Patry, noted copyright expert and Google's top copyright lawyer, has decided to close his personal blog. (For no reason that he has explained, the archives are gone too.) Ordinarily, that wouldn't be very newsworthy, but that little blog has made a lot of news, outing the ACTA treaty and discussing lots of other important pending legislation. Mr. Patry gives two reasons for the closure: his personal views were being attributed to Google, and the current trends in copyright law are too depressing. Though I am not the only one to have done so, as someone who has contributed to that misunderstanding by listing his credentials without a disclaimer, I would like to publicly apologize to him. Unfortunately, there's nothing I can do to reverse the depressing trends in copyright law that I'm not doing already."

129 comments

  1. Self-censorship? by kaos07 · · Score: 2, Insightful

    Or a wannabe martyr?

    1. Re:Self-censorship? by BPPG · · Score: 3, Insightful

      Postel's Law: be conservative in what you do, be liberal in what you accept from others. A good networking rule to follow whether or not you're a computer scientist.

      --
      What's the value of information that you don't know?
    2. Re:Self-censorship? by kaos07 · · Score: 5, Funny

      I'm Australian. Our conservative party is called "The Liberal Party". I have no idea what that quote means.

    3. Re:Self-censorship? by Anonymous Coward · · Score: 0

      Try a dictionary. It dosn't mean political conservatism or political liberlism. ;-)

      Or, whoosh on me?

    4. Re:Self-censorship? by Anonymous Coward · · Score: 0

      ok... ill be conservetive in my work... by taking shit from everybody

    5. Re:Self-censorship? by Anonymous Coward · · Score: 0

      No wonder. Next time try to be conservative.

    6. Re:Self-censorship? by Xanni · · Score: 1, Offtopic

      I think you'll find our conservative parties are called "Liberal", "Labour" and "Family First". In the US, they are called "Republican" and "Democrat". There are progressive political parties, but they haven't been nearly as successful in appealing to voters and their fear and self-interest.

      --
      http://www.glasswings.com/
    7. Re:Self-censorship? by Anonymous Coward · · Score: 4, Informative

      I'm Australian. Our conservative party is called "The Liberal Party". I have no idea what that quote means.

      That's normal in politics. In Soviet Russia (don't even think it) the Union of Soviet Socialist Republics was popularly known as "Four words, four lies."

    8. Re:Self-censorship? by Anonymous Coward · · Score: 0, Informative

      I think you'll find our conservative parties are called "Liberal", "Labour" and "Family First".

      I think you'll find it's "Labor". I'll never know why the party spells it's name wrong.

    9. Re:Self-censorship? by kaos07 · · Score: 3, Informative
    10. Re:Self-censorship? by jamesswift · · Score: 4, Funny

      As a European who has seen Fox News I think Liberal means believing Stalin was The MAN! and Conservative means being persecuted for driving.

      *shrugs*

      --
      i wish i could stop
    11. Re:Self-censorship? by bolo1729 · · Score: 3, Informative

      Same with the states having "Democratic" in their names. I'd prefer to live in the Republic of Korea rather than in Democratic People's Republic of Korea, and in Federal Republic of Germany rather than in German Democratic Republic.

    12. Re:Self-censorship? by Anonymous Coward · · Score: 1, Funny

      USians look like pink elephants in multi-coloured spandex wrap.

    13. Re:Self-censorship? by Anonymous Coward · · Score: 0

      Try a dictionary. It dosn't mean political conservatism or political liberlism. ;-)

      Or, whoosh on me?

      Yep, whoosh on you :)

    14. Re:Self-censorship? by Anonymous Coward · · Score: 0

      He is using liberal as a verb - not a noun. Look it up in a dictionary, mate...you do have those down under, right?

    15. Re:Self-censorship? by Ahnteis · · Score: 2, Funny

      I see adjective and noun... but no verb form.

      "Why don't you just liberal yourself man!"

      "I was walking down the hallway and all of a sudden I liberalled right in front of her. I've never been so embarrassed!"

      "I liberal; therefore I am."

      ??

    16. Re:Self-censorship? by Ahnteis · · Score: 1

      You've noticed the fashion trends too?

    17. Re:Self-censorship? by istartedi · · Score: 1

      Postel's law has been blamed for a lot of compatability issues, and IIRC, he may have even backed away from it himself.

      Consider this: If web browsers were required to *fail* when a server sent the wrong code instead of "being liberal in what they accept", then you can be sure that the servers would have complied. As it stands, a number of dubious things are being done by both clients and servers, and implementations are forced to attempt rolling with the punches. One of my favorites: the Netscape web server that sent Unix style line feeds between headers, rather than CRLF.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  2. I believe him. by jimmyhat3939 · · Score: 0, Troll

    There's no question that copyright issues are developing in a way that pushes more power to the top of the pyramid at the expense of the little guy.

    And, like it or not Google is not that much smaller than the largest companies in the US. They need to protect their image as much as anyone. And, features such as the "Cached" link on their website (among many, many others) have copyright implications.

    All this means there's really no reason for Google to take a risk with their reputation by having a "loose cannon" blogging about practices which could have direct implications for Google.

    --
    Free Conference Call -- No Spam, High Quality
    1. Re:I believe him. by yar · · Score: 4, Informative

      Patry has made it clear that he did not receive pressure from Google to close his blog.

    2. Re:I believe him. by orasio · · Score: 1

      Who cares?
      If I say you are being pressured to say something, the fact that you deny it is worth zero, for that specific matter.
      You should deny it based , for instance, on his reputation and stuff, but not on his denying it.

  3. new invisible category by ocularDeathRay · · Score: 0, Offtopic

    avoiding advertisements is nice, but what would really get me to lay down some subscription money?... the ability to only read stories that don't mention the word "blog".

    I can't be the only one who feels this way...

    --
    Obama is a twitter sock puppet
    1. Re:new invisible category by Buran · · Score: 1

      Then ... don't click! No one makes you do it.

    2. Re:new invisible category by VGPowerlord · · Score: 1

      +1, Insightful.

      If I only had mod points...

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    3. Re:new invisible category by lilomar · · Score: 1

      Hm, what you really need is some device that would allow you to take all of the words in a summary, and compare them to a list of 'bad words' that you don't want to read about. Then you could avoid clicking through and being forced to comment on those articles.

      Have you tried these?

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
  4. Sure there is by Anonymous Coward · · Score: 0

    Unfortunately, there's nothing I can do to reverse the depressing trends in copyright law that I'm not doing already.

    Sure there is. You've just gotta do what those on the other side of the issue do. Put some money together and invest it in buying some congressmen.

  5. Might Wanna Put Some Ice On That by strelitsa · · Score: 3, Insightful

    Mr. Patry gives two reasons for the closure: his personal views were being attributed to Google, and the current trends in copyright law are too depressing .

    The first reason is probably valid, and Patry is correct in wanting to clearly differentiate his views from Google's. (While most people would just slap "The views expressed here are my own and do not represent my employer's ..." boilerplate on their blog and call it a day, its a free Intertubes.)

    The second reason reads more like pure frustration and petulance than anything else. His pulling the archived material is likely a part of this martyrdom.

    I do wish that Mr. Patry would come on down off that cross - we need the wood.

    --
    No mod points, no meta-moderating/Firehose/all the other free work Slashdot wants me to do.
    1. Re:Might Wanna Put Some Ice On That by Hal_Porter · · Score: 5, Informative

      He also said

      On top of this there are the crazies, whom it is impossible to reason with, who do not have a life of their own and so insist on ruining the lives of others, and preferably as many as possible. I asked myself last week after having to deal with the craziest of the crazies yet, "why subject yourself to this?" I could come up with no reason why I should: My grandfather chose to be a psychiatrist, but I chose a different professional path, one that doesn't obligate me to put up with such nonsense.

      Funny how slashdot misses that part out.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    2. Re:Might Wanna Put Some Ice On That by yar · · Score: 3, Insightful

      I'd hardly call it petulance, although working with copyright today is incredibly frustrating. I wouldn't call him a martyr. Read the comments on that entry.

    3. Re:Might Wanna Put Some Ice On That by CKW · · Score: 1

      Why does he "have" to deal with the crazies? Simply ignore them.

  6. Can't millions of us *BUY* some politicians? by Anonymous Coward · · Score: 5, Insightful

    This whole copyright business is depressing alright, mainly because those who are allegedly "our" politicians are working against us as a result of corporate $$$-based lobbying, which would be known as bribery in more enlightened societies.

    Well fine, if that's how the system works then why don't *WE* bribe our politicians too? Dozens of millions of citizens are affected by this media-led crap, hundreds of millions of people worldwide, so surely we can afford the bribes?

    It shouldn't be necessary to bribe those who in theory should be representing us, but if that's the only way to make them work for the people, then we should do it. If we don't, then the next step will be to employ contract hit men to make the politicians "see sense", and that's not a step to be taken lightly. But bribery appears to be acceptable in current society. So how about it?

    1. Re:Can't millions of us *BUY* some politicians? by Glasyalabolis · · Score: 2, Interesting

      I don't understand why you've been moded Offtopic because you are clearly Ontopic. It's common knowledge that our politicians are bribed by all manner of corporations, and corporations certainly don't have our best interests at heart.

      I would love to see communities, counties or even whole states banding together to raise money for bribery of "their" representatives in congress.

      And it's probably way too soon to be talking about assassination.

    2. Re:Can't millions of us *BUY* some politicians? by jlarocco · · Score: 4, Insightful

      Well fine, if that's how the system works then why don't *WE* bribe our politicians too?

      We don't have to bribe our politicians because they are our employees. We pay their salary with our tax money. We, the citizens, are supposed to "bribe" them with their jobs. If they want to keep their job, they protect our rights and look out for our interests.

      The sad fact of the matter is, if enough people actually cared enough to implement a plan like yours, we wouldn't need it anyway because scumbag politicians would rarely get elected in the first place. As the saying goes, we're getting the democracy we deserve.

    3. Re:Can't millions of us *BUY* some politicians? by Anonymous Coward · · Score: 0

      We don't have to bribe our politicians because they are our employees. We pay their salary with our tax money. We, the citizens, are supposed to "bribe" them with their jobs. If they want to keep their job, they protect our rights and look out for our interests.

      Pray tell, how is it that they can extract their wages by threat of force? It's sad people keep repeating that naÃve view. The best explanation I have is that they dont't want to face that they are partial slaves to their masters. Voting and elections are not contractual. Our rulers are not bound by anything if not the threat of outright violent rebellion, which is very unlikely.

    4. Re:Can't millions of us *BUY* some politicians? by Anonymous Coward · · Score: 0

      Pray tell, how is it that they can extract their wages by threat of force? It's sad people keep repeating that naÃve view. The best explanation I have is that they dont't want to face that they are partial slaves to their masters. Voting and elections are not contractual. Our rulers are not bound by anything if not the threat of outright violent rebellion, which is very unlikely.

      It was for that very reason that the founding fathers considered the right to bear arms so important. The government should be scared of the people, not the other way around.

    5. Re:Can't millions of us *BUY* some politicians? by Anonymous Coward · · Score: 2, Interesting

      that depends. what are you going to ask for? abolition of copyright? (a popular theme here). And then when all of you are unemployed because the companies you work for no longer produce anything of value (increasingly US companies produce IP or goods that can be encoded digitally), are you then going to whine to the same politicians about why you are unemployed?

    6. Re:Can't millions of us *BUY* some politicians? by TheVelvetFlamebait · · Score: 1

      I don't understand why you've been moded Offtopic because you are clearly Ontopic.

      Clearly.

      Well, I guess there is room to interpret him as off-topic if you don't take the popular heresay about politicians as fact, but it's such a tiny loophole, and nobody really goes against the groupthink... right? Right?

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    7. Re:Can't millions of us *BUY* some politicians? by lilomar · · Score: 1

      Assasination only works if you can point the blame at one person, or small group of people.

      You can't assasinate every politician in the US, and even if you did, the people who took over would be (or shortly become) just as bad.

      It's a human-nature problem. The only solution is to kill all humans.

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
    8. Re:Can't millions of us *BUY* some politicians? by lilomar · · Score: 1

      Actually, very few people on /. (and in the anti-copyright movement in general) are for the abolition of copyright.

      I'm just guesstimating these numbers, but I would say that the position of /.'ers is approximated by the following:
        5% - Want abolition of copyright.
        5% - Rabidly pro-copyright.
      10% - Think that copyright should be subverted from within the system, a-la CC, GPL, etc. (note that these are not the only ones who are pro-CC/GPL, these are the ones who think that they are the way to fix the system.
      20% - pro-copyright, but think the anti-copyrighters have a valid viewpoint.
      60% - Think that copyright is a good idea, but has been corrupted by Disney and the RIAA. Copyright terms need to be shortened, DMCA needs to be repealed, etc.

      Notice that those who just don't care one way or another have been excluded, because they don't generally post about copyright issues and their percentage is hard to judge.

      Also, certain groups are more vocal than others, I have tried to take that into account, but may have messed up the numbers more in doing so.

      IANAStatistician, these numbers are not scientific, Caveat Emptor, etc.

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
  7. Real reason: conflict with Google by Steve1952 · · Score: 3, Insightful

    Although I'm sure that Patry had an excellent Blog, the cynic in me thinks that there is only one real reason why the archives are now off line. This is probably fear that some of his earlier statements are now inconsistent with his high level legal position at Google. That is, he is concerned that an opponent might try to twist his words in the Blog against him.

  8. That's it - I've had enough! by TheModelEskimo · · Score: 2, Funny

    I'm shutting down my blog about the finer points of the GNU GPL in protest of Mr. Patry's shutting down of his blog about copyright.

    I'm sorry it had to come to this. And to all my readers: I WONT be back.

    1. Re:That's it - I've had enough! by Anonymous Coward · · Score: 0

      I'm shutting down my blog about the finer points of the GNU GPL in protest of Mr. Patry's shutting down of his blog about copyright.

      I'm sorry it had to come to this. And to all my readers: I WONT be back.


      Oh noes! Somebody I dont give a shit about is going to do something I don't give a fuck about. Noooooooo..... Quick, somebody call Jesse Jackson!!

    2. Re:That's it - I've had enough! by urcreepyneighbor · · Score: 1

      Whoosh. :)

      --
      "The fight for freedom has only just begun." - Geert Wilders
  9. Not to worry by martin-boundary · · Score: 4, Informative

    Just read it here. Thanks, Wayback Machine!

    1. Re:Not to worry by quintesse · · Score: 1

      Hmmm strange, I had read he had it removed from the Internet Archive as well??

      ( http://www.groklaw.net/article.php?story=20080803135012312 but it only refers to "archives", probably I wrongly made the association with archive.org)

      (Although here he says he will think about reinstating the archives again: https://www.blogger.com/comment.g?blogID=15479871&postID=4348431689288397027&pli=1)

    2. Re:Not to worry by Anonymous Coward · · Score: 0

      Well, the text on Wayback is all white, so you have to highlight it to see it. I guess that's why Groklaw thought it was all gone.

  10. Backwards and upside-down by johndmartiniii · · Score: 5, Funny

    It's sort of like the drains going the opposite way and Summer being cold, right?

    --
    If you don't know what you're doing, you can't make mistakes.
    1. Re:Backwards and upside-down by kestasjk · · Score: 1, Informative

      The Liberal Party is conservative on economic issues but liberal on social issues. It doesn't really have the same connotations in Australia as the Republican Party has in America. It's more like the Tories in the UK

      --
      // MD_Update(&m,buf,j);
    2. Re:Backwards and upside-down by kaos07 · · Score: 2, Informative

      This is so insanely off-topic, but it is hardly "liberal" on social issues. If by "liberal" you mean either the liberalist philosophy of personal freedom. Anti-terror laws? Mandatory detention? The official party stance on stem cells and abortion? Attitudes towards people of an NESB? Attitudes towards the arts?

    3. Re:Backwards and upside-down by Anonymous Coward · · Score: 3, Informative

      Yeah, the Australian Liberal Party is "liberal" on social issues: they like to lock people up for years without trial, they're against gays marrying, they don't mind a bit of racial brawling on Sydney beaches, and they think Aborigines can't raise their own kids.

    4. Re:Backwards and upside-down by Anonymous Coward · · Score: 0

      A bit like living in the UK then?

    5. Re:Backwards and upside-down by Anonymous Coward · · Score: 0

      The Liberal party is liberal on social issues?

      Are you high?

    6. Re:Backwards and upside-down by n3tcat · · Score: 2, Funny

      It's sort of like the drains going the opposite way and Summer being cold, right?

      I just had a mental image of a bunch of republicans holding hands and dancing in circles.

    7. Re:Backwards and upside-down by drsmithy · · Score: 3, Informative

      The Liberal Party is conservative on economic issues but liberal on social issues.

      You have that back to front. The Libs are "Liberal" in their economic policies (ie: pro-free-market, free trade, anti-union, etc).

      They _are_ conservative in their social policies, but I'm pretty sure that (originally, at least) has more to do with the type of people their primary beliefs attract, rather than any specific attempt at being so.

    8. Re:Backwards and upside-down by h4rm0ny · · Score: 3, Funny

      I just had a mental image of a bunch of republicans holding hands and dancing in circles.

      I always picture them doing that anyway. In the backrooms of the Whitehouse. At midnight. In Robes. Around a pentagram.

      You mean they don't?

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    9. Re:Backwards and upside-down by VGPowerlord · · Score: 1

      Really? I thought Summer was still hot in Australia.

      Bearing in mind that Summer runs from December through March in Australia, rather than from June through September like it does in the Northern Hemisphere.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    10. Re:Backwards and upside-down by lilomar · · Score: 3, Funny

      You have that back to front.

      Duh. He said he was in Australia!
      /ducks

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
    11. Re:Backwards and upside-down by jandrese · · Score: 1

      I'm confused, since when is pro-free-market, anti-union considered liberal? Liberals usually lean towards government regulation and allowing unions around here. They also tend to be against free trade insomuch as the pandering to the base ("we won't let your jobs go overseas!") propaganda goes.

      --

      I read the internet for the articles.
    12. Re:Backwards and upside-down by Arterion · · Score: 1

      I know you're joking -- but a google search for "occult government" turns up a lot of interesting reading.

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    13. Re:Backwards and upside-down by drsmithy · · Score: 1

      I'm confused, since when is pro-free-market, anti-union considered liberal?

      We are not using the American definition of "Liberal" here, nor is it being used as a general description, but one specific to economic policies.

      It might make more sense if you know that the opposing party is 'Labor', who are pro-union, pro-government-ownership, controlled economy, etc.

    14. Re:Backwards and upside-down by h4rm0ny · · Score: 1


      Wow! You aren't kidding!

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    15. Re:Backwards and upside-down by elrous0 · · Score: 1

      Don't be silly. There's no need to do some elaborate ceremony to summon Satan when they can just look right over to him and say "Um...Mr. Vice President..."

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
  11. Re:Real reason: conflict with Google by sleeponthemic · · Score: 1

    I consider myself a cynic but I've gone a different path. I believe him, in the sense that there would be a serious difficulty for journalists to resist the temptation to not attribute anything he says to google.

    Whilst I'm sure that as he points out that he is under no duress to close, I'll bet this blog and the constant misquoting the google position is enough to make things uncomfortable in his day job often enough.

    --
    I record my sleeptalking
  12. I don't think so. by yar · · Score: 2, Insightful

    He's made it clear that Google, the company, is not directly involved with the closing of his blog. I've read and respect Patry enough to believe that if something along those cynical lines was the case, he'd pretty much say so.

    1. Re:I don't think so. by plasmacutter · · Score: 1

      He's made it clear that Google, the company, is not directly involved with the closing of his blog. I've read and respect Patry enough to believe that if something along those cynical lines was the case, he'd pretty much say so.

      just like, when the police ask, that escaped prisoner in the basement with a gun to your child's head was never there.

      I believe it like i believe the world is flat.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:I don't think so. by yar · · Score: 1

      I love Slashdot. ^_^ As a coworker of mine put it, on Slashdot the absence of evidence is not evidence of absence. Furthermore, absence of evidence is evidence. ^_-

    3. Re:I don't think so. by plasmacutter · · Score: 1

      Actually, denial of something pretty much out of nowhere is very much evidence something is up.

      My family has numerous occupational connections, but when they stop doing something in their spare time I don't automatically jump at their employers, nor is it the first thing that comes to mind. (in this case, the first thing that comes to mind is MAFIAA shenanigans)

      If "mother" comes to her teenager's door to say dinner is ready, and hears "there's no weed in this room now go away!", it's a pretty well foregone conclusion what's hidden somewhere in that room.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  13. One can only assume by Anonymous Coward · · Score: 0

    ... that your appology is not accepted.

    Will you rethink your ideals or will you keep working to understand the reality?

  14. Not really. by yar · · Score: 4, Interesting

    I do a number of things related to copyright law. IMHO, Patry's blog was one of the greatest free Web resources for anything interested in following copyright.

    If you read the comments on Patry's closing blog entry, you'll find a number of names you'd recognize if you follow copyright law at all- almost a who's who of the copyright world. And most of them, while they wish he would continue, completely agree with his reasons for leaving, including his second premise. Copyright law has gotten depressing, and it does bring the crazies out. And he's not the first person who works in copyright law that I've heard say pretty much the same thing.

    It's not like he's leaving the copyright world- he is still the author of the definitive legal treatise on copyright, and he's still a copyright attorney.

  15. Call it campaign contributions by Anonymous Coward · · Score: 0

    Being honest and calling it a bribe won't work because politicians lack an honest bone in their bodies. There is no lower lifeform.

    But calling it "campaign contributions" might work though, since that's a term with a very long pedigree and, for some very odd reason, has respectability.

  16. Letter of the Law by Nymz · · Score: 2, Insightful
    Patry's warnings and frustration with the current fusillade on fair-use protections appears to me as a piece of a larger picture. A theme not uncommon in contemporary sciencefiction stories is of a planet where lawyers rule and litigation is omnipresent. Anyone who has read the US Constitution can tell you how short and succinct it is, and while some of the contributors were lawyers they certainly weren't 'slip n fall' lawyers that spelled out every little eventuality. Perhaps they felt that if men would not honor the 'Spirit of the Law' then they wouldn't honor the 'Letter of the Law' either. Here are a few examples off the top of my head:
    • Richard Stallman's defense of the idea of 'free software' which stresses freedom of use, versus its 'redefining' as 'open source' which Microsoft appears to be all too comfortable with embracing to the 'Letter of the Law'.
    • The 2cd Amendment right to bear arms in the 'Spirt of the Law' defines your right to protect your self, your family, and your home. But is slowly being 'redefined' to include restrictions like it must be unloaded, and must be trigger locked, etc. which makes one virtually useless but is keeping with the 'Letter of the Law'.
    • In many places, judges are 'redefining' marriage from Husband & Wife, to Partner A & Partner B. If you just felt a knee-jerk reaction on this one, take a second to think about it. If you really cared about homosexual marriage, then you should go about it in the correct manner. The same is true of a law you don't like, where you work to eliminate that law from the books, with education, proposals, and finally a vote of the people. Too many people just want to get their 'gang' in power, and grab the reigns, and 'make' things happen in spite of the will of the people.

    We shouldn't let 'fair use' be 'redefined' either, but you don't get to be a hypocrite. You have to consistently vote in officials that will respect laws, and not try to 'muscle' and 'redefine' them to your side's political position. That's not a government of the people, but a regime of a single party.

    1. Re:Letter of the Law by Jah-Wren+Ryel · · Score: 2, Interesting

      In many places, judges are 'redefining' marriage from Husband & Wife, to Partner A & Partner B. If you just felt a knee-jerk reaction on this one, take a second to think about it. If you really cared about homosexual marriage, then you should go about it in the correct manner.

      The thing is, most such laws originally on the books don't explicitly specify man and woman to begin with - note the bazillion local movements to pass new laws that do explicitly specify one man and one woman. Those new laws would not be necessary if the original laws had been explicit to begin with.

      --
      When information is power, privacy is freedom.
    2. Re:Letter of the Law by drsmithy · · Score: 1

      Richard Stallman's defense of the idea of 'free software' which stresses freedom of use, versus its 'redefining' as 'open source' which Microsoft appears to be all too comfortable with embracing to the 'Letter of the Law'.

      Had Stallman not tried to redefine "free" in the first place, there wouldn't have been a problem. "Open Source" is not only a _vastly_ more accurate and relevant terminology, but also avoids the politics that Stallman tried to inject.

      The 2cd Amendment right to bear arms in the 'Spirt of the Law' defines your right to protect your self, your family, and your home. But is slowly being 'redefined' to include restrictions like it must be unloaded, and must be trigger locked, etc. which makes one virtually useless but is keeping with the 'Letter of the Law'.

      I'm not American, but I'm pretty sure that self-defence was not the primary objective of the Second Amendment.

      In many places, judges are 'redefining' marriage from Husband & Wife, to Partner A & Partner B.

      Not in anywhere near as many places as they are redefining it specifically as Husband and Wife (or one Man and one Woman, or one Male and one Female) so as to enshrine that discrimination in law and remove ambiguity allowing things like "civil partnerships".

      If you just felt a knee-jerk reaction on this one, take a second to think about it. If you really cared about homosexual marriage, then you should go about it in the correct manner.

      If you really care that much about homosexual marriage, then accept that what the law should consider marriage and what particular religions should consider marriage are two separate things. The US has (ostensibly, at least) a secular Government. Because of that, there is zero justification whatsoever for the Government to introduce blatantly discriminating laws about what is - as far as it's concerned - a financial and legal arrangement between two people.

      There are only three types of people who are bothered by homosexual marriage:

      1. People that are just set in their ways. They grumble and mutter under their breath, but at the end of the day, are prepared to live and let live.
      2. Bigots who want to see their particular set of morals enshrined in law.
      3. Bigots who want to see their particular set of morals enshrined in law, but try to disguise it using a smokescreen of either other broken laws (welfare seems to be a favourite) or slippery slope fallacies ("legal bestiality" seems to be a favourite) as justification.

    3. Re:Letter of the Law by Nymz · · Score: 0, Troll

      Had Stallman not tried to redefine "free" in the first place, there wouldn't have been a problem. "Open Source" is not only a _vastly_ more accurate and relevant terminology, but also avoids the politics that Stallman tried to inject.

      We can agree to disagree on which is 'vastly' better, but claiming Stallman's purpose and motivation has changed really doesn't hold up against the plethora of his writings dating back quite a few years.

      I'm not American, but I'm pretty sure that self-defence was not the primary objective of the Second Amendment.

      "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

      There are only three types of people who are bothered by homosexual marriage:
      1. People that are just set in their ways. They grumble and mutter under their breath, but at the end of the day, are prepared to live and let live.
      2. Bigots who want to see their particular set of morals enshrined in law.
      3. Bigots who want to see their particular set of morals enshrined in law, but try to disguise it using a smokescreen of either other broken laws (welfare seems to be a favourite) or slippery slope fallacies ("legal bestiality" seems to be a favourite) as justification.

      You have convinced me to abandon my methods, as your method (calling people Bigots) sounds like a sure-fire way to convince people to change their minds and hearts. I now understand why reasoned debate like mine gets ignored, because reporters would rather quote someone like you, and then like at a playground fight chant fight fight fight. /sigh

    4. Re:Letter of the Law by a_real_bast... · · Score: 1

      1) He never claimed Stallman changed position. He's claiming Stallman's starting point was a redefinition of 'free'.
      2) That doesn't say self defence anywhere. In fact, it explicitly says "security of a free State," which is rather different. Not getting into rights or wrongs of gun control (I really couldn't give a toss), just sayin' you quoted something that doesn't actually back up your position.
      3) So you're completely unbiased. We'll take that as truth; do you object to gay marriage, and if so why?

      --
      You're making me think. You won't like me when I'm thinking.
    5. Re:Letter of the Law by statusbar · · Score: 1

      absolutely true...

      --Jeffk++

      --
      ipv6 is my vpn
    6. Re:Letter of the Law by Nymz · · Score: 1

      1) He never claimed Stallman changed position. He's claiming Stallman's starting point was a redefinition of 'free'.

      So, he was "claiming Stallman's starting point" was 'free as in beer' before he later "redefined it" to 'free as in freedom'?

      2) That doesn't say self defence anywhere. In fact, it explicitly says "security of a free State," which is rather different. Not getting into rights or wrongs of gun control (I really couldn't give a toss), just sayin' you quoted something that doesn't actually back up your position.

      Heh, I quoted the 2cd Amendment. But to give you the benefit of the doubt which of these best defines your position:
      1) The security of a free State is ensured by hunting deer with guns.
      2) The security of a free State is ensured by owning a large gun collection.
      3) The security of a free State is ensured by defending oneself (with a gun) against those threatening you.
      4) Ok, I can't think of a 4th thing to do with a gun. :)

      3) So you're completely unbiased. We'll take that as truth; do you object to gay marriage, and if so why?

      As I said before, I encourage people to change laws the 'proper' way (education, proposal, vote) and 'object' to discarding democracy in order to implement one's own agenda. Oh, and calling people names like Homophobe, Faggot, or Bigot (like the parent poster did) isn't a reasoned debate strategy for winning, but for losing.

    7. Re:Letter of the Law by Jah-Wren+Ryel · · Score: 1

      Are you a lawyer?
      I suppose a lawyer might argue that it's ok to censor a blog because it's on the internet, and your right to free speech (written in the 18th century) doesn't 'explicitly' say internet. But the 'spirit of the law' is that the government may not abridge your free speech whether it be on a soap box, newspaper, radio, tv, internet blog, or any future method. It is not possible to be infinitely 'explicit'.

      Dude, you are insane. seriously. First you argue that we shouldn't change laws that don't exist. Then you claim we shouldn't change the spirit of the law. Except your analogy is seriously flawed because ALL of the court rulings for gay marriage have been based on actual laws that say no discrimination based on gender. Its only now that people have started to realize the full scope of those laws.

      Let's be reasonable, civilizations worldwide haven't had a problem with the definition for thousands of years, but you do? Just how 'explicit' would you require it to be? Full color pictures of a penis entering a vagina with an internal camera to explicitly show conception?

      Woah!! Did you just try to pull out the marriage is for procreation argument? Puhlease. History is against you on that one.

      --
      When information is power, privacy is freedom.
    8. Re:Letter of the Law by a_real_bast... · · Score: 1

      I know; I recognised it. How about:
      4) Form the militia the law mentions?
      Shame on you! Some of your countrymen have used a shotgun as a tool while changing a tyre, and you can only come up with hunting, self defence, and support of the gun-polish industry? (",)
      And I agree with the last point - though sometimes a good ad hominem is allowed, or at least funny.

      --
      You're making me think. You won't like me when I'm thinking.
    9. Re:Letter of the Law by Nymz · · Score: 1

      Woah!! Did you just try to pull out the marriage is for procreation argument? Puhlease. History is against you on that one.

      I guess it's just a coincidence (or crazy random happenstance - DrHorrible) that both marriage and procreation require a man and woman. What are the chances of that?

      And I guess every young man wants nothing more than to make a commitment, for life, to one woman. It's just a natural feeling all young men have, and absolutely nothing to do with societal pressures to provide a stable home for children.

      Dude, you are insane. seriously.

      I'm certain one of is. :)

    10. Re:Letter of the Law by TeacherOfHeroes · · Score: 1

      I guess it's just a coincidence (or crazy random happenstance - DrHorrible) that both marriage and procreation require a man and woman. What are the chances of that?

      Mixed doubles require a man and a woman, too. Maybe that's where babies come from.

      Yes, marriage and family are related, but why does it have to be a strictly traditional family. Maybe its two men who want to adopt a child, or use a surrogate, or two women and a sperm donor.

      If marriage is just about procreation, then we'd best keep all the sterile people from getting married. Not to mention those sixty-something people remarrying after losing their partner. Once women have gone through "the change", they shouldn't be allowed to get married anymore.

      Marriage is related to procreation in the same way that sexual desire or love is. Sure, procreation was probably its original motivator, but its not a direct correlation, and it's not limited to its original scope, If it were, homosexuals wouldn't want to get married. It's like being attracted to someone sterile. Sexual attraction is about procreation, so should you stop loving them because you can never have a child? That homosexuals do fall in love, experience sexual attraction, and want to marry is perhaps a sign that they are all now something more than just a way to tether a father-provider to a mother-nurturer.

    11. Re:Letter of the Law by skeeto · · Score: 1

      Had Stallman not tried to redefine "free" in the first place, there wouldn't have been a problem.

      He didn't try to redefine "free": the definition was always there (i.e. "land of the free"). It is just the unfortunate situation that English, the world's working technical language, has two very different definitions mapped to the same word. Other languages make the distinction with the different words "gratis" and "libre".

    12. Re:Letter of the Law by jvkjvk · · Score: 1

      Perhaps they felt that if men would not honor the 'Spirit of the Law' then they wouldn't honor the 'Letter of the Law' either.

      Let's try and guess what the "Spirit of Law" behind Civil Marriage is, and why, really, according to the "Spirit of Law" that it might not matter if Person A and Person B are of the same sex.

      Hmmm, I know! - There are both legal benefits and obligations to civil unions beyond those granted by any religious body. These accrue in civil society and are real, tangible benefits. Why should the squeamish morality of people who are uncomfortable with their own sexuality continue to be a Legal barrier to such unions and the benefits that are derived from them?

      You began this with:

      In many places, judges are 'redefining' marriage from Husband & Wife, to Partner A & Partner B. If you just felt a knee-jerk reaction on this one, take a second to think about it. If you really cared about homosexual marriage, then you should go about it in the correct manner. The same is true of a law you don't like, where you work to eliminate that law from the books, with education, proposals, and finally a vote of the people. Too many people just want to get their 'gang' in power, and grab the reigns, and 'make' things happen in spite of the will of the people.

      Another person responded:

      The thing is, most such laws originally on the books don't explicitly specify man and woman to begin with - note the bazillion local movements to pass new laws that do explicitly specify one man and one woman. Those new laws would not be necessary if the original laws had been explicit to begin with.

      Your response:

      Are you a troll?

      Let's be reasonable, civilizations worldwide haven't had a problem with the definition for thousands of years, but you do? Just how 'explicit' would you require it to be? Full color pictures of a penis entering a vagina with an internal camera to explicitly show conception? Please read my parent post again on the 'proper' way to change laws and the world.

      Oh hush, you're the one being trollish here. Someone shoots down your primary argument about marriage law changes - by pointing out that most places are going in the opposite direction of your assumption. You then retreat to what appears to be your comfort zone, in a gesture of "reasonability" by asserting that your way of looking at things is correct since that's the way it's always been done. Very reasonable of you.

      You want to be reasonable? How's this:

      It appears reasonable that anyone who wants to enter a civil union with another consenting adult and have the legal benefits and responsibilities should be allowed to do so. Similar to how we allow a man and woman do so. What's unreasonable about this?

      I reread your original post, in fact reattached this there instead. What do you feel is the 'proper' way to change laws and the world again? If you want to adhere to the "Spirit of Law" what's the course to have civil unions recognized?

      I thought that perhaps the easiest way would be to slightly modify the codebase if required to say something like - "two consenting adults". But even that appears not necessary in most cases (since we have so many places trying to redefine it as specifically a man and woman).

      You see, sometimes what you call "redefining" is coming into greater coherence with the Spirit of Law. I believe this is one case where redefining it to be something like "two consenting adults" would be a step in the right direction.

      So, I guess in the end I *do* agree with you! All those states that are attempting to limit civil unions to be between a man and woman are muscling in and redefine what civil unions should actually be according to the Spirit of the Law. And they should stop doing so.

      One final point. You talk about the "will of the people". The "will of the people" is not law, and not all

    13. Re:Letter of the Law by Anonymous Coward · · Score: 0

      Snip: [a big rant nitpicking about what marriage is]

      And that is where you demonstrate that the original poster was right.

      Marriage is a set of rules that society established to encourage procreation -- more specifically raising new members (if you don't beleive that, then, well, you can stop reading and instead explain to us why marriage exists). So, that was the spirit of it, as much as the second amendment was about protecting your home and family.

      By extending the marriage concept to any kind of personA and personB, you are diluting the definition of it, at at the end, removing the very purpose of it. There will no longer be a set of rules established by the society to encourage procreation.

      One can argue if a modern society ought to have rules like that, but instead of arguing that point, you are following exactly the process described by the original poster. You are diluting the rule until it doesn't mean anything.

    14. Re:Letter of the Law by Anonymous Coward · · Score: 0

      Marriage is a set of rules that society established to encourage procreation -- more specifically raising new members (if you don't beleive that, then, well, you can stop reading and instead explain to us why marriage exists). So, that was the spirit of it, as much as the second amendment was about protecting your home and family.

      I agree with you that ultimately, marriage law is about helping to build families.

      So why would you discriminate against a certain group of people with adopted children?

      Gay people have been raising children for years now without the benefit of marriage laws. The spirit of the law makes me think that they ought to receive the same benefits as straight parents that adopt children.

    15. Re:Letter of the Law by drsmithy · · Score: 1

      We can agree to disagree on which is 'vastly' better, [...]

      One is only accurate when taken within a very small, unintuitive and non-standard definition of "non-free". The other is an accurate description of the situation - "open source".

      [...] but claiming Stallman's purpose and motivation has changed really doesn't hold up against the plethora of his writings dating back quite a few years.

      I didn't say anything about his purpose changing, I said his terminology required a redefinition of "free" to be meaningful.

      Stallman clearly chose the term "free" for political reasons - that is, so he could leverage emotive statements like "free as in freedom" (we shall ignore the innacuracy of that phrase for the moment). Because of this, he has no-one to blame but himself when people don't understand what he's trying to say.

      "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

      Yes. You'll notice they're talking about the freedom of the State, not self defence for the individual.

      You have convinced me to abandon my methods, as your method (calling people Bigots) sounds like a sure-fire way to convince people to change their minds and hearts. I now understand why reasoned debate like mine gets ignored, because reporters would rather quote someone like you, and then like at a playground fight chant fight fight fight. /sighsounds like a sure-fire way to convince people to change their minds and hearts. I now understand why reasoned debate like mine gets ignored, because reporters would rather quote someone like you, and then like at a playground fight chant fight fight fight. /sigh

      If you can come up with a "reasoned debate" why a secular state would have any concern about the gender of two people entering a legal agreement whose primary benefit is financial, I'm prepared to listen.

    16. Re:Letter of the Law by drsmithy · · Score: 1

      He didn't try to redefine "free": [...]

      Yes, he did. "GNU/free" is not "free".

      It is just the unfortunate situation that English, the world's working technical language [catb.org], has two very different definitions mapped to the same word. Other languages make the distinction with the different words "gratis" and "libre".

      Free as in "no cost" and free as in "freedom", in English, are rarely difficult to discern using context.

      Stallman's problem is twofold - first, the context of his usage of "free" points to the "no cost" definition. Second, his actual intended meaning - as in "freedom" - does not actually match what most people would consider "freedom" as it has potentially significant restrictions and obligations attached.

      The "confusion" around "Free Software" is wholely and solely the fault of its advocates. By deliberately choosing terminology with well-understood meanings, just so appeals to emotion ("free as in freedom") could be used, Stallman was acting in the same way - and for the reasons - as politicians who come up with names for bills which are different to their actual content.

    17. Re:Letter of the Law by Nymz · · Score: 1

      I simply don't have the time to attempt to write all that would be needed to address your questions, but I will take the time to show I'm sincere and hopefully point you in the direction that you can take on your own.

      Most of your concern on the topic of 'spirit of the law' versus 'letter of the law' appears to linked to homosexuality, so I will use their symbol as a metaphor. Imagine I described the their symbol (a rainbow) by saying it was composed of many colors. You interpret my colors as not being black, so you assume I must be saying rainbows are white. Please, if you cannot understand how a rainbow could be anything more than black or white, much like how a gun could be anything more than good or evil, then please just leave your mind open in the future. Perhaps after you have a little more experience, the world will make more sense.

    18. Re:Letter of the Law by Jah-Wren+Ryel · · Score: 1

      I guess it's just a coincidence (or crazy random happenstance - DrHorrible) that both marriage and procreation require a man and woman. What are the chances of that?

      Bzzzzzt! Marriage was about assets and alliances long before it was about anything else, children were just a side-effect. Hell, even today half the world still works on the arranged marriage model. Procreation sure as FUCK doesn't require marriage.

      But what's really funny about your response is how you ignored the fact that anti-discrimination laws have been on the books for decades now. The laws were passed by the elected representatives, just as you stated they ought to be. The deal was done many years ago.

      --
      When information is power, privacy is freedom.
    19. Re:Letter of the Law by CorSci81 · · Score: 1

      As I said before, I encourage people to change laws the 'proper' way (education, proposal, vote) and 'object' to discarding democracy in order to implement one's own agenda.

      A few points here. One, the 'proper' way can be very difficult to achieve as a minority group with a long history of discrimination against it. While societies attitudes do eventually change as they accept the new realities, it is usually the 'improper' challenges to law that lead the way for later 'proper' change.

      One role of the judiciary is the interpretation of the letter and spirit of the law, and the constitutionality of said laws. This serves three purposes: 1) in certain situations different areas come into conflict, 2) sometimes the law is unclear, and 3) a check on the 'tyranny of the majority'. In this instance, anti-discrimination laws and interpretations of constitutional protections of equality have come into direct conflict with law that define marriage in a way that is perceived as unequal to a minority group. I would say this is exactly the function of the judiciary and the 'proper' course of action given the circumstances.

      Even though there has been a dramatic shift in cultural opinion there is still significant resistance towards changing the law (or repealing the plethora of newly enacted laws) through your 'proper' ways. Like it or not, judicial review is a longstanding tradition in our democracy, and chances are several laws you wouldn't like have been tossed out because of it. Simply because this is a hot-button social issue does not make it any less the function of the court to decide a legitimate conflict of law.

      And my last point, marriage has rarely been about procreation. This has been the primary function of marriage in some societies at some points in history but certainly isn't the only (or even primary) role marriage has always fulfilled. It wasn't long ago in our own society women often had little choice over their husband. Marriage in Western society has a long history of being as much a political and financial tool as one to foster procreation. Several societies don't even have a concept of marriage as we recognize it, and some don't explicitly limit to man and woman. So, as a secular and multi-cultural nation, why should we allow a primarily religious notion to inject discrimination in what is functionally a legal and financial contract between two people?

    20. Re:Letter of the Law by Nymz · · Score: 1

      So, as a secular and multi-cultural nation, why should we allow a primarily religious notion to inject discrimination in what is functionally a legal and financial contract between two people?

      If you are familiar with the saying "your right to swing your fists around ends where my nose begins", then "your right to 'a legal and financial contract between two people' ends when I have to subsidize it."

      Frankly I'm surprised by the type of responses to my original post, which provided 3 examples, the 1st of which was the nerd one (free software). I figured Slashdot would be discussing that one, but more likely, most of Slashdot agrees with the free software, and gun examples, but a few have wished to discuss homosexual marriage. I'm happy to oblige of course, but it is somewhat discouraging to see my effort to answer questions be rewarded as troll scores, perhaps like Patry, I should just delete all my posts and give up.

    21. Re:Letter of the Law by jvkjvk · · Score: 1

      I will take the time to show I'm sincere and hopefully point you in the direction that you can take on your own.

      Thanks I appreciate that. Or would, if you weren't such an asshat about it:

      Perhaps after you have a little more experience, the world will make more sense.

      Right. there.

      You know, I often feel it is best to go back and quote the primary source and evolution of a thread, so here goes:

      In many places, judges are 'redefining' marriage from Husband & Wife, to Partner A & Partner B. If you just felt a knee-jerk reaction on this one, take a second to think about it. If you really cared about homosexual marriage, then you should go about it in the correct manner. The same is true of a law you don't like, where you work to eliminate that law from the books, with education, proposals, and finally a vote of the people. Too many people just want to get their 'gang' in power, and grab the reigns, and 'make' things happen in spite of the will of the people.

      Then, someone replied that mostly, it was the other way around, from "unspecified", to man and woman or some such.

      You replied to them that it did not need to be stated, as that's the way it's always been. Also this:

      Just how 'explicit' would you require it to be? Full color pictures of a penis entering a vagina with an internal camera to explicitly show conception?

      Then, I joined this conversation. I thought both your original example was incorrect as well as your follow on replies. My concerns are in my post, none of which you have talked about.

      Most of your concern on the topic of 'spirit of the law' versus 'letter of the law' appears to linked to homosexuality

      Um. ok. What? Talk about reframing? I just re-read my entire post. I don't believe I mentioned homosexuality once. Curious.

      Most of my concern on the topic of the "spirit of the law" have to do with governments treating their citizens equally. You chose this particular example - remember? the whole "civil union" bit in your original post? I can't help it if using your actual example is confusing to you. Perhaps I should have resorted to metaphors, instead of using the actual example. Yes. Hmm. That is a lot clearer than saying what you actually mean.

      Imagine I described the their symbol (a rainbow) by saying it was composed of many colors. You interpret my colors as not being black, so you assume I must be saying rainbows are white.

      Ok, now that you have oh so helpfully both put me down and delivered an incomprehensible metaphor, perhaps someone at least as enlightened as you can provide the answer as to what the hell this has to do with anything? I'm not interpreting anything. I'm baldly stating that you are wrong to use this an an example. Now that I think about it a bit more, that's probably the most succinct way of putting it. Everything else is just explanation of why. Huh. Thanks for clearing that up for me!

      You know, you can always say you were wrong about that example. I know most people don't like to admit it, but you can. It will be a little more experience for you, too.

      Please, if you cannot understand how a rainbow could be anything more than black or white, much like how a gun could be anything more than good or evil, then please just leave your mind open in the future

      Fiasco. Primal metaphor failure. Of course your "opponent" can only see black and white, while YOU can see colours. Blah, blah, blah, many variations in many patterns on this line of approach. The problem is, it is only used when you have an opponent! So, stop viewing me as an opponent. That is my expert diagnosis on this particular conversational glitch.

      Ok, to lets apply your metaphors back to the example at hand... really, should be easy for you since you're the one wi

    22. Re:Letter of the Law by Nymz · · Score: 1

      I'm sorry if my response appeared condescending, but let's not lose sight of the topic. In order to support Patry's claim of attacks upon fair-use protections, I connected the method to a breakdown in the litigious nature of our current society. And in order to provide an understanding of that connection, I provided 3 examples of current events in dispute.

      If someone has a personal or religious objection to one of the examples provided, then I would hope the remaining 2 examples would help them to understand the principle. The principle is that laws should be changed by education, proposals, & voting (proper methods) as opposed to redefining & ignoring laws (inproper methods).

    23. Re:Letter of the Law by CorSci81 · · Score: 1

      If you are familiar with the saying "your right to swing your fists around ends where my nose begins", then "your right to 'a legal and financial contract between two people' ends when I have to subsidize it."

      You should be very, very careful with that kind of logic, because it can be twisted in ways you never intend. I don't have children, why should my tax dollars subsidize you having any? What if I want to attach strings saying you can only have one? Similar logic also applied to interracial marriage (although I hate making that comparison). Also, the typical homosexual household of two men is less likely to have children (where most of "your" tax dollars go), and statistically have a higher household income (and thus pay more in taxes). So who really subsidises whom?

      In essence, I think your logic fails on a premise of basic fairness. If you agree to offer benefits to all people you cannot categorically deny them to a small group of people simply because you don't like them, there needs to be a sound, rational reason. And if you're talking about the promotion of a family unit, what about gay/lesbian couples with children? In this case, no matter how much you disagree as to the makeup of their family unit, you are in essence denying them protections available to any other family. A deadbeat dad who skips child support and never married the mother has more rights to take care his children than one of the two partners in a homosexual relationship that has adopted children and raised them since birth. Then there's hospital visitations rights, legal protections on property if one partner passes away, etc. etc. etc. Clearly the current legislative climate isn't friendly to homosexual families, but they're going to happen anyway, so who's really promoting family values now?

      The real legal issue, all social considerations aside, is that the state has agreed to provide various legal and financial benefits to any two individuals who are willing to enter into a contract of marriage with no obligation that they procreate. Some of said states also have equal protection and anti-discrimination laws that include sexual orientation as a protected status similar to race. This is where the conflict is, fullstop. You cannot simultaneously pass laws granting equal protection to a group of people while simultaneously denying access to recognized benefits that are available to anyone (including every other group with protected status) but one group of people. Hence, the recent Massachussetts and California court cases were NOT "activist judges" or whatever else you want to call it but squarely within the realm of a clear conflict of law.

      Granted, sexual orientation is not currently protected in federal legislation (it is in various executive orders but that's a different ball of wax), so the case really relies much more strongly on the "spirit" of the law than a literal conflict.

      I figured Slashdot would be discussing that one, but more likely, most of Slashdot agrees with the free software, and gun examples, but a few have wished to discuss homosexual marriage. I'm happy to oblige of course, but it is somewhat discouraging to see my effort to answer questions be rewarded as troll scores, perhaps like Patry, I should just delete all my posts and give up.

      Some of us enjoy a polite debate on other issues, even if your viewpoint is totally maddening to me :-P I have some gay/lesbian coworkers/friends, some of them have families (with children), so to me the viewpoint you take on marriage is completely counter-intuitive and frustrating. I'd like to show you her and her partner and their two happy, well-adjusted, and bright children and have you tell me why you think they shouldn't be allowed all the same benefits as any other family just because they both get called "mommy". And I think the reason you get the troll mods is because for most of us on /. this debate

    24. Re:Letter of the Law by Nymz · · Score: 1

      Some of us enjoy a polite debate on other issues, even if your viewpoint is totally maddening to me :-P I have some gay/lesbian coworkers/friends, some of them have families (with children), so to me the viewpoint you take on marriage is completely counter-intuitive and frustrating.

      My views on homosexual marriage (which appear to match yours) should be irrelevant to the discussion of the subject. I'm stating the proper way to change society is 'within' democracy by education, proposals, and voting; instead of subverting democracy by redefining & ignoring laws. As you say 'maddening' indeed, I even placed a disclaimer in my original post to warn people not to have a knee-jerk reaction, but apparently homosexuality evokes a great deal of feelings for some people, which is a shame because it only serves to hinder progress of their cause.

    25. Re:Letter of the Law by CorSci81 · · Score: 1

      You should make yourself clearer if you want to avoid troll mods ;-) And as far as redefining laws, I think my points on the judicial system stand. With regards to the state laws it clearly fell within the jurisdiction of the courts given there was a legitimate conflict between laws.

    26. Re:Letter of the Law by Katharine · · Score: 1

      Marriage only requires a man and a woman in some places during some periods of history. In other places/times it might require a man and more than one women, or a woman and more than one men. That's true in other parts of the world even today. So the scenario you describe is pretty much irrelvant.

    27. Re:Letter of the Law by Nymz · · Score: 1

      If my scenario is 'irrelevant', then would you mind sharing why you think the relationship is a coincidence? Don't worry if you cannot see a 'relevant' connection between fathers & mothers wanting to provide a stable environment for their own children by making a commitment called marriage, because if you can't, then your own apathetic genes are 'irrelevant' to the gene pool.

  17. Seconded by Xenographic · · Score: 4, Insightful

    I'm no lawyer, but I know a little about law anyhow. Mr. Patry is one of the heavyweight scholars of copyright law, not some random nobody on Slashdot like me.

    His blog was very important. Like TFS says, it broke the news on the ACTA treaty, which would still be secret if not for him. Lawyers read his books to learn about copyright law. His blog was incredibly useful to find out all the latest happenings in copyright law, which is only getting crazier now that it's being rewritten to appease Disney and to try to deal with the internet, which most politicians don't understand on a deeper level than "it's not a big truck, it's a series of tubes."

    So losing him is a big deal and it sucks. There simply aren't many people who could ever hope to replace him. Groklaw, Ars Technica and NYCL are all great, don't get me wrong.

    But they simply lack the authority someone like Mr. Patry can bring to the table. He will be missed.

  18. This sucks. by Larryish · · Score: 2, Informative

    I am really sorry to see the archives go. If he doesn't want to continue writing, the man has his reasons. But the archives were full of good material.

    Fortunately the Wayback Machine is on the case :)

    http://web.archive.org/web/*/http://williampatry.blogspot.com

  19. Sounds like... by rasteri · · Score: 3, Funny

    ... The patry's over. (I'm sorry)

  20. Why are IP laws getting stricter? by Raisey-raison · · Score: 3, Interesting

    I wish someone could explain how it is that countries everywhere are moving towards stricter and stricter IP laws when at this level there is plenty of evidence that they are having a deleterious economic impact. Even in countries in Europe where campaign contributions are not influential as in the USA. It seems that left wing politicians who supposedly abhor big business are just as pro IP as everyone else.

    It also seems that whatever level of IP protection exists its never enough. Recently the EU considered extending copyright term lengths from 50 to 95 years. http://www.dmwmedia.com/news/2008/07/17/eu-proposes-extending-copyright-term-length-95-years
    If anyone has some insight I would appreciate it.

    1. Re:Why are IP laws getting stricter? by earthforce_1 · · Score: 3, Insightful

      This is going to end up, (already ending up really) like prohibition in the 1930, where certain narrow interests managed to get laws in place that the silent majority refused to follow.

      --
      My rights don't need management.
    2. Re:Why are IP laws getting stricter? by east+coast · · Score: 1

      I'm going to ask a question and you may call me a troll for doing it but I really want a honest answer from you: Do you honestly think "the silent majority" gives a damn about copyright?

      I just find it odd how many Slashdotters put high values on things that the real majority of people either don't care about or don't know about. What the odd part of it is isn't really the value they attribute to it but rather the idea that they think that our little community's interests somehow spread out far beyond these forums.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    3. Re:Why are IP laws getting stricter? by lilomar · · Score: 2, Insightful

      It seems that left wing politicians who supposedly abhor big business are just as pro IP as everyone else.

      Ding-ding-ding! We have a winner!

      Are you going to vote for a Republican, or a Democrat? Also, would you prefer to be raped anally, or in the butt?

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
    4. Re:Why are IP laws getting stricter? by lilomar · · Score: 1

      The "silent majority" refuses to follow copyright, whether or not they "give a damn" about it.

      Or do you really think that /.ers are the majority of TPB/Limewire/etc's users?

      --
      The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
    5. Re:Why are IP laws getting stricter? by east+coast · · Score: 1

      Good Lord, talk about a distortion of what I said...

      If I read you right I would agree that the majority of p2p users do not follow copyright as a whole. But they still do not make up a majority. Not even a majority of Americans are on the internet let alone using p2p. And even if they did there is no way that what the bulk of these people are doing is going to be legalized anytime soon. These people know this. Revision of copyright on the level that would need to be made to make most p2p downloads legal would never happen.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
    6. Re:Why are IP laws getting stricter? by AnyoneEB · · Score: 1

      While it is true that Limewire, etc. are popularized, there are two major points to consider here:

      1. A lot of people I know will refuse to use p2p or accept pirated copies of movies, etc. on moral grounds. This may be a fluke, but it does seem rather common to have a sizable DVD collection.
      2. Most people I have encountered do not have a firm grasp on what copyright law covers. I think part of it is that the web has a ton of free-as-in-beer media and only some of it is legal. I know people that will buy DVDs of movies but will watch TV shows for free on some random website (which is probably spyware infested being a warez-type website) instead of paying for them.

      I guess my point is that although most people do not care about the issue, they are not necessarily copying everything in sight. There is a sense of moral obligation to pay for products one uses or at least have a "legit" copy. If you presented the facts and asked you would probably find most people against copyright terms as long as they are, but I do not think you would get a resounding "no" on copyright even from people whose works are not affected by copyright.

      --
      Centralization breaks the internet.
    7. Re:Why are IP laws getting stricter? by magus_melchior · · Score: 1

      1. The content distributors want to ensure a consistent and stable flow of revenue by ensuring their works have an indefinite period of copyright protection. Critics argue that just because they want to make a profit for the rest of the universe's lifetime, doesn't mean that they should keep renting content perpetually, nor should they attempt to recoup any perceived loss from digital copies by depriving the public domain of valuable content. This is a commonly held view among people online, but IMO money alone can't explain the whisper campaign against fair use or the RIAA driftnet, the latter most likely costing them much more than the sum of the settlements and judgments (?) won by them-- in fact, the more people know about the lawsuits brought against downloaders, the worse they seem to their customers. What's more, the revenue stream doesn't necessarily stop when a work goes public domain-- look at all the bargain classics Barnes & Noble or Borders sell near the cash registers.
      2. The distributors don't want anyone, other than producers under their umbrellas, to create derivative works of their content. This is probably a stronger case against them, albeit much harder to prove (it would probably require a whistle-blower who's privy to board meetings). By criminalizing all copyright infringement, they hope to remain in firm control of all production and distribution of any content related to their own. After all, if you own all the printing presses, you can demand tribute for their use. I'd guess that any of the major labels who are participating in the RIAA driftnet also demand that their artists relinquish their rights to produce, promote, and distribute their music to them. Who can blame the artists for wanting to devote more time to creating music, rather than the drudgery of promotion and distribution? The best part is, this tight grip on creative control is shattered when a work goes into the public domain-- assuming the copyright holder respects the rule of law, of course.
      The problem with the insistence of total creative control is that the Internet is, in many ways, Pandora's Box for them. First is the ease and low cost of creating digital copies with very high fidelity to the original (for most ears, anyway). Second is the rapid development of technologies for transmitting, compressing, encrypting, etc. this digital data, often avoiding or circumventing attempts by the distributors to thwart them. The recording and movie industries are in the unenviable position of trying to keep this locked-down control over their content while at the same time, trying to distribute this content online with minimal inconvenience to their customers. Meanwhile, artists are beginning to realize the opportunity this huge network of computers gives them, and are finding new and innovative ways to bring music to their audience while circumventing potentially repressive contracts of big labels.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
    8. Re:Why are IP laws getting stricter? by Dhalka226 · · Score: 2, Insightful

      I wish someone could explain how it is that countries everywhere are moving towards stricter and stricter IP laws

      Well, let's clarify: It's Western nations that are moving toward stricter and stricter IP laws.

      Why? Because we can't compete with cheap labor from other countries, at least not while maintaining anything near the standard of living we're accustomed to. For better or worse, we didn't really try to (though likely couldn't even if we did); we were content to let those "old economy" jobs go away in favor of "new economy" jobs, like computer programming and our content creators.

      Many of these things don't work at all without IP laws, but even those that do work much better--from a western perspective--the stronger the laws are and the more rigorously they are enforced.

      In short, countries keep pushing for stricter and stricter laws, and try to force similar laws on other countries via trade agreements and such, because they're the underpinnings of our economy these days. It's one of the few things we export.

    9. Re:Why are IP laws getting stricter? by shadwstalkr · · Score: 1

      the revenue stream doesn't necessarily stop when a work goes public domain-- look at all the bargain classics Barnes & Noble or Borders sell near the cash registers.

      Maybe I don't understand your point, but I think that's an excellent example of why some copyright holders want to see their copyrights extended until forever minus one day. The revenue stream doesn't have to stop when a work goes public domain, but it no longer trickles down to the content creator. I doubt that Barnes & Noble pays the Dickens estate a royalty for every copy of A Tale Of Two Cities they sell.

    10. Re:Why are IP laws getting stricter? by Anonymous Coward · · Score: 0

      Of course Slashdot is going to put high values on things most people don't. We're geeks. However, I have already started to see the effects of copyright on everyday people, or "the silent majority" of the US. The inability of consumers to do what they want with their tech devices or purchases because of DRM or copyright law (such as in the case of Windows Vista's interoperability with monitors running HD content, iTunes music/video, and DVD backups) have fostered frustration in the hands of many of my friends, family, and colleagues. However, the problem consumers more often face is in a lack of knowledge in the background of the technology they possess. They don't understand that the reason they can't operate their devices in the way they want is because of the ridiculous nature of laws surrounding copyright in the US. This more often than not leads me into a half hour explanation about why this is this case. I nearly got fired for explaining these facts to a curious customer while working for a 'cult-like' computer/music retailer: Apple

    11. Re:Why are IP laws getting stricter? by earthforce_1 · · Score: 1

      Didn't see your response right away. (Vacation)

      Maybe it is just who I hang around, but with C-61 looming in Canada, the educated, under 30 crowd seems to be very aware of the issues involved. Not the majority to be sure, but enough of a vocal minority to make a substantial push back against corporate interests.

      We'll know for sure after the upcoming by-election how large this issue looms.

      --
      My rights don't need management.
  21. ACTA can be killed by Elektroschock · · Score: 1

    ACTA can be killed in no time.

  22. Internet Archive... by Anonymous Coward · · Score: 1, Informative

    The internet archive has his older blog posts archived here:

    http://web.archive.org/web/*hh_/williampatry.blogspot.com/

  23. No twitter, you are the trolls by Hal_Porter · · Score: 1

    Slashdot is used to ignoring trolls. Publishers hire PR people to harass others, it is annoying but not a good reason to quit. If you quit, all that's left to influence the public will be the crazies.

    Twitter waited. The lights above him blinked and sparked out of the air. There were crazies on the internets. He didn't see them, but had expected them now for years. His warnings to Linus Torvalds were not listenend to and now it was too late. Far too late for now, anyway.
    Twitter was a space cadet for fourteen years. When he was young he watched the flamewars on alt.fan.stallman and he said to dad "I want to be on the internets daddy."
    Dad said "No! You will BE TROLL"
    There was a time when he believed him. Then as he got oldered he stopped. But now in his parents basement he knew there were trolls.
    "This is Torvalds" the radio crackered. "You must fight the trolls!"
    So Twitter gotted his Iceweazel and posted "M$M$M$".
    "HE GOING TO DISCREDIT US" said the paid shills.
    "I will shoot at him" said Ballmer and he fired the cost of ownership surveys. Twitter flaemed at him and tried to blew him up. But then the downmods fell and they were hidden and not able to kill.
    "No! I must kill the trolls" he shouted
    The radio said "No, Twitter. You are the trolls"
    And then Twitter was a troll.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  24. Missed the Attribution.... by maz2331 · · Score: 0

    ...to PJ at Groklaw. The summary is a straight copy-and-paste of her coverage of this issue that was posted days ago.

  25. Re:trolls by Anonymous Coward · · Score: 0

    like these trolls

  26. Re:trolls by Anonymous Coward · · Score: 0

    Slashdot is used to ignoring trolls.

    Indeed. You and your army of sockpuppets, critics, critic sockpuppets, Twitter impostors, critic impostors, Twitter counter-impostors, and critic counter-imposters (did I miss anyone?) have done a smashing good job of training Slashdot readers to ignore trolls.

    Congratulations, Twitter! Couldn't have done it without you!

  27. Black hole by shmlco · · Score: 1

    Worse is losing the blog itself. Unlike, say, a discontinued magazine or out-of-print book that a library will continue to maintain, a discontinued web site leaves a "hole" in the web where it used to be. All of the sites that linked to it now link to the proverbial black hole.

    And yes, I know about the Internet Archive, but I suspect that many don't, and that still fails to help all of those broken links...

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  28. Re:trolls by dedazo · · Score: 1

    Sez the moron with 30 accounts.

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  29. Re:trolls by renegadesx · · Score: 2

    Slashdot is used to ignoring trolls
    Considering how many responses you got, obviously not

    --
    Make SELinux enforcing again!
  30. LIAR! by Anonymous Coward · · Score: 0

    Umm, no it isn't. The facts are the same (because the story is the same), but I wrote that myself. Obviously, I listed the same two reasons she did, but that's because they're the reasons Mr. Patry gave. I didn't copy & paste even one line, and the editors added that part in parentheses as you can verify with the firehose.

    Now, if you think it's a copy & paste, would you like to point out where PJ apologized for referencing his bio without a disclaimer? Because I don't think she did. And why would she link to past Slashdot stories? I had to Google those up.

    So check your facts next time before you lie like that.

    - I Don't Believe in Imaginary Property

  31. No doubt it's too depressing by underwhelm · · Score: 1

    Lawrence Lessig went this way before him. There's no doubt that the state and direction of copyright law is problematic when the brightest and most qualified people with an understanding of the subject can't bear to think about it.

    It leaves little room for optimism.

    --

    I don't need large brains to have a good time.

  32. It's not like applying for a job. by rsilvergun · · Score: 1

    You have to be wealthy and well connected to make it as a politician. They're are ruling class, not employees. You can occasionally join that class, but you still have to be in it. Otherwise you can't raise the funds needed to win.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/