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Google's Information On DMCA Takedown Abuse

Binestar writes "According to a PC World article, Google has submitted a brief to New Zealand about its proposed copyright law (section 92A). "In its submission, Google notes that more than half (57%) of the takedown notices it has received under the US Digital Millennium Copyright Act 1998, were sent by business targeting competitors and over one third (37%) of notices were not valid copyright claims.""

217 comments

  1. Well DUH!!! by Pig+Hogger · · Score: 5, Insightful
    Well DUH!!!

    In a world where executives of companies that lose money expect as a matter of course to be paid millions of dollars of bonuses, it is a given that a tool such as the DMCA **WILL** be abused to silence opposition or competition...

    1. Re:Well DUH!!! by Anonymous Coward · · Score: 0

      Damn straight. They can't afford to be seen as weak and shit!

    2. Re:Well DUH!!! by interkin3tic · · Score: 4, Informative

      In a world where executives of companies that lose money expect as a matter of course to be paid millions of dollars of bonuses, it is a given that a tool such as the DMCA **WILL** be abused to silence opposition or competition...

      Which is why this needed to be pointed out to politicians who can't think ahead for themselves.

    3. Re:Well DUH!!! by MaxInBxl · · Score: 1

      What on earth does that have to do with big bonuses?

    4. Re:Well DUH!!! by martin-boundary · · Score: 2, Insightful

      What on earth does that have to do with big bonuses?

      Everything. The award of big bonuses for nonperformance is evidence of widespread moral and intellectual bankruptcy, which leads to other criminal behaviour, such as the misuse of the DMCA to attack competitors, among other things.

    5. Re:Well DUH!!! by thedrx · · Score: 1

      Nice fallacy you've got there.

    6. Re:Well DUH!!! by ThePhilips · · Score: 1

      [...] it is a given that a tool such as the DMCA **WILL** be abused to silence opposition or competition...

      Abuse? ABUSE????

      Wait a minute.

      You mean that isn't its intended use????

      --
      All hope abandon ye who enter here.
    7. Re:Well DUH!!! by arekusu_ou · · Score: 1

      I fail to see how pointing this out in such a manner will change anything or be even heard by the politicians or to even expect them to care beyond checking if their constiuency cares, which they generally don't.

    8. Re:Well DUH!!! by Anonymous Coward · · Score: 1, Insightful

      Well DUH!!!

      In a world where executives of companies that lose money expect as a matter of course to be paid millions of dollars of bonuses, it is a given that a tool such as the DMCA **WILL** be abused to silence opposition or competition...

      You have to be careful about believing everything you read. Just because those payments are called "bonuses" does not mean they are actually bonus pay.

      Most of those executives have employment contracts that guarantee those "bonuses". In addition, the ones you've been hearing about on the news lately are not "performance" bonuses, they are "retention" bonuses.

      Basically it's just a fancy way of saying, we pay a base salary of $X dollars for the position, and add an additional payment of $Y as a "retention" bonus i.e. an increase in base pay so they don't go to another business.

      These are usually binding contracts- it's not a bonus tied to anything, and is not optional.

      Or to put it another way, when you sign a contract that says you will be payed a certain amount of money no matter what happens then yes, you should expect to get paid that money.

      I'm not defending their mis-management or anything like that, but if you're going to get worked into a righteous fervor over an issue, at least know what you're talking about.

    9. Re:Well DUH!!! by AF_Cheddar_Head · · Score: 2, Insightful

      For once someone that gets the bonus thing. The bonus is tied to working for the company until a certain date, for example, work here for 1 year and receive a specified bonus at the end of the year. The amounts on Wall St. are obscene but are not tied to performance of the company.

      Companies use the same thing for contractors to go to Iraq or Afghanistan. You have a base salary and receive a bonus for staying a year or more.

    10. Re:Well DUH!!! by Jurily · · Score: 1

      the misuse of the DMCA to attack competitors

      It's only misuse if the claim's not real. TFS does say that 63% were real.

  2. Re:Note to summary writer... by bensafrickingenius · · Score: 1, Funny

    oh shit -- they really oughta have a preview button or something.

    "It's" == "It is"

    "Its" == (possesive)

    --
    I am not left-handed, either!
  3. Are those overlapping percentages? by JeanPaulBob · · Score: 5, Interesting
    I didn't see any more detail in TFA than this:

    "In its submission, Google notes that more than half (57%) of the takedown notices it has received under the US Digital Millennium Copyright Act 1998, were sent by business targeting competitors and over one third (37%) of notices were not valid copyright claims.""

    57% are from businesses targeting competitors, and only 37% are invalid? What does that mean? 1.) That up to 20% of notices are from businesses who are catching their competitors in the act? 2.) Or is it not 37% of total notices? 3.) Or am I getting mixed up on something?

    1. Re:Are those overlapping percentages? by larry+bagina · · Score: 4, Funny

      37% of total notices. The same people who go to the emergency room for belly button lint and call 911 when McDonald's is out of "chicken" mcnuggets probably file a DMCA letter at google when their friends draw a penis on their facebook wall.

      --
      Do you even lift?

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

    2. Re:Are those overlapping percentages? by interkin3tic · · Score: 1

      57% are from businesses targeting competitors, and only 37% are invalid?

      That is indeed poorly phrased, but I think it was that a third of all notices were demonstratably invalid. That might be all from the 57% of competition, and the other %20 is highly questionable but not factually wrong.

      Google probably didn't want to overstate anything, so that lobbyists would have nothing to prove wrong and convince lawmakers to ignore google completely. "They said all that 57% was invalid, but that's not true! We had one (coughalmostcough) get upheld in court a few years ago! They're liars, here's some campaign contributions, just forget about those wanks."

    3. Re:Are those overlapping percentages? by dgatwood · · Score: 4, Insightful

      The way I read it is this: 57% were companies trying to stifle competition, plus 37% of notices were not (valid) copyright claims. Note the emphasis. That means 37% of the claims were about things that had nothing whatsoever to do with copyright. Seems about right to me. The DMCA is so badly abused that it's not even funny....

      --

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

    4. Re:Are those overlapping percentages? by FatdogHaiku · · Score: 1

      80% of all statistics are exaggerated...

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    5. Re:Are those overlapping percentages? by JeanPaulBob · · Score: 5, Informative
      Aha! I found the info here, through a link provided in someone else's comment. TFA is a bit off, it seems to me. The 37% figure is notices about sites outside America. And there were three other types of "flaws":

      In this study, we traced the use of the Section 512 takedown process and considered how the usage patterns we found were likely to affect expression or other activities on the Internet. The second level of analysis grew out of the fact that we observed a surprisingly high incidence of flawed takedowns:

      • Thirty percent of notices demanded takedown for claims that presented an obvious question for a court (a clear fair use argument, complaints about uncopyrightable material, and the like);
      • Notices to traditional ISP's included a substantial number of demands to remove files from peer-to-peer networks (which are not actually covered under the takedown statute, and which an OSP can only honor by terminating the target's Internet access entirely); and
      • One out of 11 included significant statutory flaws that render the notice unusable (for example, failing to adequately identify infringing material).

      In addition, we found some interesting patterns that do not, by themselves, indicate concern, but which are of concern when combined with the fact that one third of the notices depended on questionable claims:

      • Over half--57%--of notices sent to Google to demand removal of links in the index were sent by businesses targeting apparent competitors;
      • Over a third--37%--of the notices sent to Google targeted sites apparently outside the United States.

      [bold added]

    6. Re:Are those overlapping percentages? by JeanPaulBob · · Score: 1

      That makes sense. But see my other new comment--it turns out that the 37% is sites outside America.

    7. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 0

      and we really should be worrying because thats 94 precent of them

    8. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 0

      Actually, the article is correct, it's Google's footnote (which the article essentially quotes) which is wrong.

    9. Re:Are those overlapping percentages? by holloway · · Score: 4, Insightful
      Actually the source in this case is from the TCF submissions to do with New Zealand's 3-strike law Section 92A.

      Section 92A calls for internet disconnection based on accusations of copyright infringement without a trial and without any evidence held up to court scrutiny. There's no due process in this law, and it expands the definition of an ISP to include not just conventional ISPs but practically any shared internet connection or website -- meaning that libraries, schools, businesses, organisations are all now considered ISPs.

      There is no way of abdictating responsibility to experts right now (Eg. the courts) and these new "ISPs" are expected to decide on claims of (1) data forensics and (2) copyright law. Further these new "ISPs" now act under the threat of being secondary copyright infingers because they allow infringement on their network. In practice it's all weighted against due process and fairness.

      I'm from a group of artists against this law called the Creative Freedom Foundation. This law was done in the name of protecting art and creativity but we don't want bad copyright law done in our name. As artists we're tryin to take care of society and what these ridiculous companies are pushing for. We ran a 'Blackout' campaign that was quite popular, and a Copywrong Song, and we've just launched a video series called What About Us? with major NZ artists talking about how they don't want this law.

      In previous /. threads about this I talk about 10 big problems with Section 92A.

      And we're not just trying to get this law repealed, but we're suggesting practical alternatives to S92A.

      If you have any questions please post them in response to this comment. It may take me a while to respond to them though.

      Thanks!

    10. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 0

      "over one third (37%) of notices"

      Learn to fucking read.

    11. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 0

      80% of all statistics are exaggerated...

      95% of all statistics are made up on the spot.

    12. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 0

      99% of lawyers give the rest a bad name.

    13. Re:Are those overlapping percentages? by dgatwood · · Score: 1

      Ah. Even more entertaining that way.

      --

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

    14. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 1, Insightful

      100% of this thread is lame.

    15. Re:Are those overlapping percentages? by interkin3tic · · Score: 1

      That got modded funny, but I found it more depressing than funny. Ha ha ha, you have to buy your rights these days! Hilarious!

    16. Re:Are those overlapping percentages? by rtb61 · · Score: 1

      The have written the law the way they have for one main reason, proof. it is virtually impossible to prove that a particular person has conducted copyright infringement unless a major investigation is undertaken. This is all about a complete absence of evidence, about the editable records of copyright investigators (paid upon a commission basis) and ISPs (the records are used to justify $50 odd dollars per month payments not as substantiation of criminal activity).

      Google also did pick up an interesting point, the processing fee and who would be paying it. Likely the fee would be targeted at the consumer, protest the unfair accusation and you will be hit with a fine 'er' bill larger than the cost of your lost internet account, shut up, pay for a new account and let the recording industry brag about new B$ statistics, which it then use to force laws demand fines and imprisonment based upon the precedent of we say so, so you are guilty, no evidence beyond circumstantial uncorroborated vested opinions.

      --
      Chaos - everything, everywhere, everywhen
    17. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 0

      But I'm giving 110%!

    18. Re:Are those overlapping percentages? by arekusu_ou · · Score: 1

      No, changing the emphasis should not change the meaning of this statement by dropping one of the words.

      37% of notices were not valid copyright claims.

      That doesn't mean they had nothing whatsoever to do with copyright.
      It means that they were simply lies (hopefully regarding copyright, otherwise filling out the copyright forms would be hard).
      Now if you said, they had nothing whatsoever to do with legitimate copyright, I would concede that as a correct interpretation.

      If you were being funny, I apologize, the insightful threw me off.

    19. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 0

      37% of total notices. The same people who go to the emergency room for belly button lint and call 911 when McDonald's is out of "chicken" mcnuggets probably file a DMCA letter at google when their friends draw a penis on their facebook wall.

      In her defense, she was calling 9-11 because she was robbed, not because they ran out of nuggets. They usually don't show the whole clip, because then it's not as "funny".
      She went to a store, paid for something, then after her money was taken, they refused to provide what she paid for. She asked for her money back and they refused to refund her money. Whether she was robbed of $3 or $3,000,000 is qualitatively irrelevant.

      That's the same smear job that was done to the "coffee" incident: http://lawandhelp.com/q298-2.htm

    20. Re:Are those overlapping percentages? by LateArthurDent · · Score: 1

      In her defense, she was calling 9-11 because she was robbed, not because they ran out of nuggets. They usually don't show the whole clip, because then it's not as "funny". She went to a store, paid for something, then after her money was taken, they refused to provide what she paid for. She asked for her money back and they refused to refund her money. Whether she was robbed of $3 or $3,000,000 is qualitatively irrelevant.

      Yeah, I completely agree that she needed to call the police under that situation. I'm not sure if 911 is the right number to call (you need to call the police, but it's not an emergency). I remember having a similar thought when my car was broken in to. I had been robbed, but it's not like my life or anyone else's was in danger, the thief was long gone. So I called information and asked for the number of the local police station instead of helping to tie up the emergency lines.

      I'm not sure what the correct procedure is, for all I know calling 911 would have been fine. I do agree that if you pay for something, you don't get what you paid for, and they refuse to give the money back, the police needs to be involved.

      That's the same smear job that was done to the "coffee" incident: http://lawandhelp.com/q298-2.htm

      Ok, that's a different story, and it's not the same thing. As any coffee drinker would know, coffee is actually supposed to be that hot. I typed ""coffee serving temperature" -mcdonalds" on google (to avoid bias from people specifically trying to argue for or against mcdonalds), and the very first link will tell you that the ideal holding temperature for coffee is 175-185 degrees. Feel free to search anywhere else, you're going to find the same answer for non-espresso coffee.

      Your link claims that McDonalds was holding coffee at 185 degrees, which is 20 degrees hotter than most other restaurants, but this doesn't mean McDonalds was keeping the coffee too hot. It means the other restaurants were keeping coffee about 10 degrees colder than is acceptable.

      I'm an avid coffee drinker, been drinking the stuff since I was about seven actually (my family's cultural background doesn't have the stigma with children and coffee), and one thing I know is that coffee is supposed to seriously burn you if you let it spill over on your body and can't get it out of your skin immediately. So it annoys me when people say the mcdonalds coffee was too hot. It was at the high end of the acceptable temperature, but it was at the acceptable temperature. I'm not saying the woman was faking her injuries, I'm not saying the coffee didn't burn her...I'm saying that she should have known she was holding something that was dangerously hot (even back then they wrote that on the cup), and it was her responsibility to be careful with it.

    21. Re:Are those overlapping percentages? by merchant_x · · Score: 2, Informative

      That link you provide says that the ideal serving temperature for coffee is 155-175. So it appears that McDonald's was serving their coffee about 20 degrees above the recommended temperature if in fact they were serving the coffee at 185 degrees.

    22. Re:Are those overlapping percentages? by Repossessed · · Score: 1

      I'm not sure here, but if the legal term valid is equivalent to the logic term valid, that would imply that some of those 57% of copyright notices were false, but still covered under the DMCA has the claims not been fraudulent.

      And invalid takedown notice would be something not related to copyright, such as a trademark issue, slander, requests to remove obscene content, something hosted outside the US etc. A valid but false claim would be me claiming I own the content of the parent post.

      --
      Liberte, Egalite, Fraternite (TM)
    23. Re:Are those overlapping percentages? by xouumalperxe · · Score: 1

      To me, the phrasing suggests that 37% of all notices are not valid copyright claims. The remaining 63% are valid claims. Not necessarily true/correct, just valid. To my understanding, "That guy's using my song on his clip" is always a valid copyright claim, even if there's no infringement going on (because the song's not yours at all, or the usage falls under fair use, or whatever). Whether the claim holds or not is a different matter altogether. What Google is saying is that 37% of all claims don't even pass the validity test. Essentially, people saying "I don't like what he's saying, squelch it", or stuff like that.

    24. Re:Are those overlapping percentages? by LateArthurDent · · Score: 1

      The link I was responding to said that mcdonalds "consistently keeps its coffee at 185 degrees." McDonalds is supposed to "keep its coffee" at the holding temperature, not the serving temperature. When you get the coffee, if it's a bit too hot, you wait for it to cool down a bit.

    25. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 0

      The link I was responding to said that mcdonalds "consistently keeps its coffee at 185 degrees." McDonalds is supposed to "keep its coffee" at the holding temperature, not the serving temperature. When you get the coffee, if it's a bit too hot, you wait for it to cool down a bit.

      Regular people know coffee is supposed to be hot. They expect it to be "Ouch!" hot if they spill it. They do NOT expect it to be "AUGH!" instant blisters forming hot.

      Keep in mind this case is 15 years old at this point. Back then most regular joe schmoe coffee drinkers thought Sanka was pretty good and didn't have sensa expresso makers and stuff like that where they would get life threateningly hot fluid exposure.

      If you are ok with 185*F = 85*C beverages being handed out in paper cups through a drive through window, why not 195* or 205*? Add some salt and you can get it up to 215* or 225* even. At what point does it become the vendor's fault? Keep in mind McD's held AND SERVED their coffee 20-30* higher than everybody else did at the time (pre Starbucks). It wasn't just hot, it was hotter than expected, much hotter and dangerously so.

    26. Re:Are those overlapping percentages? by Anonymous Coward · · Score: 0

      That link you provide says that the ideal serving temperature for coffee is 155-175. So it appears that McDonald's was serving their coffee about 20 degrees above the recommended temperature if in fact they were serving the coffee at 185 degrees.

      Here's another link: http://www.accuratebuilding.com/services/legal/charts/hot_water_burn_scalding_graph.html

      It shows that exposure to 185*F water will result in a third degree burn in about a tenth of a second. Faulty coffee cup splits in your lap? Game over for anyone driving near you...

      Fun fact, about 24 people die a year in the US from hot tap water accidents. The recommended boiler temp is 120*F.

  4. In Ancient Times by Anenome · · Score: 4, Informative

    There was a time when music was sold as sheet music. Somehow Joplin was making a $100,000 a week in the 1920's, even though it's fairly trivial to simply hand-copy someone-else's work.

    I know I'm preaching to the choir on this one, but copyright law is increasingly working more against society than in its interests, and this story just goes to prove that yet again. When laws hurt more than they help, they need to be changed or abolished.

    --
    "I Don't Have Enough Faith to be an Atheist"
    1. Re:In Ancient Times by Anonymous Coward · · Score: 0

      When laws hurt more than they help, they need to be changed or abolished.

      Woah there buddy, let's not get too controversial!

    2. Re:In Ancient Times by Conception · · Score: 3, Insightful

      Not that I don't agree but your example doesn't take into account that now its fairly trivial to copy that sheet music and distribute it to thousands if not millions at no cost to the distributor in time or money.

    3. Re:In Ancient Times by erroneus · · Score: 1

      Thank you captain obvious. Copyright was originally designed to create a business model and has continued to now serving exactly the same end.

    4. Re:In Ancient Times by rossz · · Score: 4, Interesting

      Have you ever copied sheet music by hand? It's a pain in the ass. So it's no surprise that in a time when a photocopier did not exist people would willingly pay a small amount to avoid that tedium. I know my high school almost got in trouble for photocopying sheet music. We spent a day in the music room pulling all the copies and tossing them in the garbage. The extreme high cost of sheet music during my school days was a major contributing factor in copyright infringement. Gee, where have I heard this before?

      --
      -- Will program for bandwidth
    5. Re:In Ancient Times by artor3 · · Score: 1

      How, exactly, does this story prove the law hurts more than it helps? It certainly proves that the law is abused, but that doesn't necessarily mean that the abuses outweigh all the good.

    6. Re:In Ancient Times by cperciva · · Score: 5, Insightful

      There was a time when music was sold as sheet music. Somehow Joplin was making a $100,000 a week in the 1920's, even though it's fairly trivial to simply hand-copy someone-else's work.

      Sheet music is cheaper than the cost of copying by hand. This doesn't mean that copyright laws were useless though -- without them, someone else could have set up their own printing press and started (cheaply) printing their own copies of Joplin's work.

      Until recently, the only marginally profitable (in the economic sense) form of copyright violation was mass reproduction, requiring extensive capital costs. This made it easy to enforce copyright laws: You can't sell many thousands of copies of anything without attracting attention.

      Everything changed when it became possible to make a profit by making a single illegal copy of something.

    7. Re:In Ancient Times by geekoid · · Score: 1

      True, but this is why we should rely on good studies.
      As it stand, it seems that, if anything, illegal online music distributors are helping sell music.
      10 years ago I thought the music industry would be dead by now because everything would be available for free. Weirdly counter intuitive, but there you go.

      I'm actually happy to see how things have turned out, overall.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:In Ancient Times by matrixskp · · Score: 4, Informative

      When laws hurt more than they help, they need to be changed or abolished.

      Or in this case just not established in the first place. Thankfully the New Zealand Prime Minister has delayed the implementation of Section 92a and it may well be suspended. A big thank you has to go out to all those who took part in the Internet Blackout NZ... blacking out NZ websites and profiles on popular social networking sites in protest of the proposed changes.

    9. Re:In Ancient Times by Anonymous Coward · · Score: 1, Interesting

      Somehow Joplin was making a $100,000 a week in the 1920's, even though it's fairly trivial to simply hand-copy someone-else's work.

      Have you ever transcribed a thick piano score by hand? It's a bitch and a half, and before the copy machine, you'd have to buy pre-printed musical score anyway (or spend even MORE time making it with a ruler!).

      Running this stuff through a printing press that's already set is absolute cake, and setting up an operation to print this stuff when you don't have the rights to it would look VERY conspicuous.

    10. Re:In Ancient Times by drinkypoo · · Score: 3, Informative

      True, but this is why we should rely on good studies.
      As it stand, it seems that, if anything, illegal online music distributors are helping sell music.

      Obligatory Citation

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:In Ancient Times by cbiltcliffe · · Score: 2, Informative

      ....but that doesn't necessarily mean that the abuses outweigh all the good.

      57% were businesses targeting competitors. I take that to mean that they were trying to shut down their competitor's production/sales, rather than having a legitimate beef against a product.

      If so, that means only 43% are legitimate claims, or even less if the 37% that aren't valid copyright claims isn't just a subset of the 57%.

      I'd say >57% abusive, 43% not abusive means that the abuses outweigh the good.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    12. Re:In Ancient Times by artor3 · · Score: 1

      Yes, because every single event ever has the exact same value or harm to society. If a new law is passed that leads to 100 smiles and 99 murders, well 100 > 99, so it's good!

    13. Re:In Ancient Times by Farmer+Tim · · Score: 4, Funny

      Have you ever copied sheet music by hand? It's a pain in the ass.

      You're doing it wrong.

      --
      Blank until /. makes another boneheaded UI decision.
    14. Re:In Ancient Times by emjay88 · · Score: 3, Insightful

      57% were businesses targeting competitors. I take that to mean that they were trying to shut down their competitor's production/sales, rather than having a legitimate beef against a product.

      That's a flawed interpretation, doesn't it make sense that a vast majority of claims were against competitors? If someone is breaching copyright on your products for commercial purposes, they are selling your product too, making them a competitor. That means that the other 43% are probably made up partially by the 37%, with the rest being valid claims against non-competitors, which to me says private entities (ie, not commercial ones).

      I find it surprising that there aren't more claims against competitors, given that if someone is violating copyright on your work (and then selling it), that pretty much makes them a competitor by definition, if they weren't already.

      --
      1178161 is prime...
    15. Re:In Ancient Times by Mashiki · · Score: 4, Interesting

      I find a huge amount of sadness in this, after hearing for years and people saying:
      KIDS! Learn music!

      While the people producing sheet music reply: Only if you pay us one hundred, million dollars...

      The sad thing in that, is part of the reason why the local middle school near me killed their music program. When I went through(more then 15yrs ago) everything was photocopied in some form. Now it only seems that the highschools have a music program which is a terrible shame, and even those are on the verge of dying for the same reason.

      I know of a few preforming orchestra's here in Canada that are now dead due to the ever-ever-ever increasing costs of sheet music as well.

      --
      Om, nomnomnom...
    16. Re:In Ancient Times by Ashriel · · Score: 1

      Well that's a staw man argument if I've ever seen one.

      Smiles and Murders have nothing in common. They aren't even mutually exclusive. On the other hand, 57% of DMCA notices vs. 47% of DMCA notices is an apples to apples comparison.

      Maybe you could come up with a real example that uses an apples to apples comparison, where the abuse of the law is greater than the intended use, and yet it still has an overall positive effect.

      I didn't think so.

      Besides that, what's with the "please prove the law does more harm then good" philosophy, anyway? Any law that does harm at all needs to be seriously evaluated and probably revoked. What's the old saying? Ahh yes - "It's better that 10 guilty men go free than one innocent man be wrongly convicted."

      I would argue that the DMCA takedown notices are more harmful than beneficial if even 10% of them are found frivolous.

    17. Re:In Ancient Times by Anonymous Coward · · Score: 3, Informative

      What Joplin are you referring to? Janis wasn't born until 1943 and Scott died in 1917. Neither made anything close to $5.2 million a year from what I can tell.

    18. Re:In Ancient Times by Phroggy · · Score: 1

      Have you ever copied sheet music by hand? It's a pain in the ass.

      Without a level of technology that permits the use of photocopy machines, everything is a pain in the ass. In Joplin's time, people were used to it.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    19. Re:In Ancient Times by rossz · · Score: 1

      While the people producing sheet music reply: Only if you pay us one hundred, million dollars...

      And this is for music that's been in the public domain for hundreds of years. Except they got a copyright on their arrangement. It's the exact same arrangement that Beethoven wrote, but somehow they could get a copyright on it and you'll get in trouble for duplicating it.

      --
      -- Will program for bandwidth
    20. Re:In Ancient Times by Anonymous Coward · · Score: 0

      Thankfully the New Zealand Prime Minister has delayed the implementation of Section 92a

      Thanks, Brian! To show our gratitude, we'll let you drive the bus again.

    21. Re:In Ancient Times by jlebrech · · Score: 1

      You would need to get you hands on the original parchment to avoid copyright suits.

      then you would have a copyright on that copy.

      i suppose the original parchments would cost millions.
      or you could find one that is old enough to not be copyright to "arrange".

      or just copywrite that "arrangements" yourself and say you copied the original work.

    22. Re:In Ancient Times by poot_rootbeer · · Score: 1

      Somehow Joplin was making a $100,000 a week in the 1920's, even though it's fairly trivial to simply hand-copy someone-else's work.

      Funny, because Scott Joplin died in 1917.

      Even if hand-copying ragtime sheet music were trivial, which it is not, it was still more convenient to spend the 5 cents on an officially published copy of 'Maple Leaf Rag' than it was to spend 2 cents on some blank staff paper and three hours transcribing a copy borrowed from a friend.

    23. Re:In Ancient Times by mcgrew · · Score: 1

      I know my high school almost got in trouble for photocopying sheet music

      This is a sore spot with me. When my youngest daughter was in band, in one concert the instructor noted that the school district paid $300 for sheet music, stuff like the Star Wars theme, etc.

      What a damned fool waste of taxpayers' money! There is a HUGE supply of public domain music, and what is in the public domain is some of the best music ever written, by composers like Bach, Beethoove, Handel, Tchaicovsky, etc. But they're wasting good money on modern stuff.

      As to the Star Wars theme, as that score is over 30 years old it should be in the public domain by now. Our problem isn't that our legislators are stupid, our problem is that they're corrupt and sell legislation for campaign cash.

    24. Re:In Ancient Times by Anonymous Coward · · Score: 0

      Wow, how the BPI twisted that is amazing.

    25. Re:In Ancient Times by viruswatts · · Score: 0

      There was a time when music was sold as sheet music. Somehow Joplin was making a $100,000 a week in the 1920's, even though it's fairly trivial to simply hand-copy someone-else's work.

      Everything changed when it became possible to make a profit by making a single illegal copy of something.

      Assuming it takes 30 minutes for one person to hand-copy a single copy of sheet music, and they worked around the clock, that's 336 copies a week, or $297.62 a copy.

      If that single copy isn't profitable, then I'm doing something wrong.

    26. Re:In Ancient Times by techess · · Score: 1

      What a damned fool waste of taxpayers' money! There is a HUGE supply of public domain music, and what is in the public domain is some of the best music ever written, by composers like Bach, Beethoove, Handel, Tchaicovsky, etc. But they're wasting good money on modern stuff.

      That is part of the problem. The music might be in the public domain, but the sheet music probably isn't. The school would likely spend $300 on sheet music for something written 300 years ago. They probably figure they are going to have to pay for music anyway so they might as well buy something the parents will enjoy (or at least fondly remember) and might raise them a bit more cash when the band is looking for donations.

      My grade school did something different (since you couldn't search the interwebs at that time for free stuff). They bought all the music required for a full recital sometime in the 60's. The sheet music was sealed up with contact paper and used year after year. (It was either this or cut the music program). They always announced at the beginning and the end that if parents were tired of the same old thing they could donate to the sheet music fund. Once enough money was raised a new set of music was purchased and a little variety would be added to the next recital. I'm not recommending this course of action for any school. I'm still a bit traumatized by some of those songs and can't listen to them to this day :P

      What the schools should be doing is looking for current works (classical or otherwise) that the creator is providing for free or sheet music that folk preservationists provide at no cost so that the music isn't forgotten.

      --
      Don't anthropomorphize computers. They *hate* that.
    27. Re:In Ancient Times by beavt8r · · Score: 1

      Have you ever copied sheet music by hand? It's a pain in the ass.

      You're doing it wrong.

      All of the "by hand" references reminds me of a certain scene in Back to the Future. Marty is in the future and finds Hogan's Alley the arcade game sitting there. Two young kids are there watching him play, reminiscing at how good he is at the game. The kids' response? "You mean you have to touch it?"

    28. Re:In Ancient Times by Scrameustache · · Score: 1

      my high school almost got in trouble for photocopying sheet music. We spent a day in the music room pulling all the copies and tossing them in the garbage.

      Fair use for educational purposes didn't mean a thing to your school?

      --

      You can't take the sky from me...

    29. Re:In Ancient Times by Dragoness+Eclectic · · Score: 1

      We used to get around this by having my daughter's music teacher tell me what the notes, timing and scale to use were, and I'd whip off original sheet music using Lilypond. Copyright: mine.

      --
      ---dragoness
    30. Re:In Ancient Times by Cassini2 · · Score: 2, Interesting

      I was recently discussing the music copyright situation with my music teacher. We were looking at the copyright notice on the music book. Essentially, they were only selling a copy of the sheet music. They weren't actually selling the rights to play the music. Effectively, they were almost creating a misrepresentation case, in that why would you sell a music book to students, without giving them permission to play the music?

      You might want to check the copyright notices. You might find that not only are you not supposed to copy the music, you aren't supposed to play it either.

    31. Re:In Ancient Times by mcgrew · · Score: 2, Informative

      The music might be in the public domain, but the sheet music probably isn't.

      On the contrary, it is. All the old literary masters are on the internet as well.

    32. Re:In Ancient Times by Mashiki · · Score: 1

      You know I'm really not sure where to run that. Except it makes me sad, 300 plus year copyrights are pathetic on the same arrangements...and most people don't even realize it.

      I'm starting to think that Piratpartiet has the right idea.

      --
      Om, nomnomnom...
    33. Re:In Ancient Times by Mashiki · · Score: 1

      Unique idea, I'll pass that along.

      --
      Om, nomnomnom...
    34. Re:In Ancient Times by Mashiki · · Score: 1

      Ah yes, I nearly forgot about the performance fees. How much bile can you taste in your throat over that one?

      --
      Om, nomnomnom...
    35. Re:In Ancient Times by Hemogoblin · · Score: 1

      That link is from 2005. Here's a more recent link regarding a study done for Industry Canada in 2007.

    36. Re:In Ancient Times by rossz · · Score: 1

      Fair use for educational purposes didn't mean a thing to the lawyers of the sheet music company.

      --
      -- Will program for bandwidth
    37. Re:In Ancient Times by drinkypoo · · Score: 1

      While I don't think that human nature will have changed much in two years, thanks for the additional reference.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    38. Re:In Ancient Times by Anenome · · Score: 1

      Yeah, my memory ain't what it used to be ;P I took a guess on the year, the facts are right though according to the professor I took the factoid from, clearly I got the decade off. Perhaps it was 1910, or 1900's. Let this be a lesson to you kids ;P

      --
      "I Don't Have Enough Faith to be an Atheist"
    39. Re:In Ancient Times by Scrameustache · · Score: 1

      Fair use for educational purposes didn't mean a thing to the lawyers of the sheet music company.

      Your school should have educated them ;-)

      --

      You can't take the sky from me...

  5. Re:Note to summary writer... by TheRealMindChild · · Score: 0

    Now show me one sentence where the meaning becomes different depending on which way you spell it(')s. Any sentence. Don't have one? Still feel like you know something important?

    --

    "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
  6. Re:Note to summary writer... by Anonymous Coward · · Score: 0

    "Its" == (possessive)

    In its submission, Google notes that ...

    So the summary is correct...

  7. Something to add on. by nuclearrrabit · · Score: 2, Insightful

    "The New Zealand Prime Minister, John Key, stated that the stronger copyright laws, including the controversial section 92a, were required for New Zealand to be able to negotiate a free trade agreement with America."

    1. Re:Something to add on. by MichaelSmith · · Score: 1

      Its easy to blame the yanks but if their requirements are the same for NZ and China then NZ must already be compliant.

    2. Re:Something to add on. by Max+Littlemore · · Score: 4, Insightful

      Intesting isn't it? I reckon if a whole lot of countries stopped pursuing free trade agreements with the US and instead pursued China and pegged their currencies to the Euro, the US would be jumping through hoops to woo back countries like New Zealand and Australia. It would be the end of draconian copyright laws and a whole bunch of other ills.

      I just don't get why everyone is still dealing in the greenback given the financial crisis. Sure it used to be dangerous to switch to euros (think 1st gulf war dangerous) but these days, who cares? Especially if China and Europe benefit from a switch, it may even force the US to finally pull it's head in.

      But it'll never happen....

      --
      I don't therefore I'm not.
    3. Re:Something to add on. by Rangataua · · Score: 1

      Interestingly enough, New Zealand already has a free trade agreement with China.

    4. Re:Something to add on. by vux984 · · Score: 1

      Its easy to blame the yanks but if their requirements are the same for NZ and China then NZ must already be compliant.

      "if their requirements are the same"

      They aren't.

    5. Re:Something to add on. by Anonymous Coward · · Score: 1, Insightful

      New Zealand already has a Free Trade Agreement with China. And just last week the US halted any progress towards a Free Trade Agreement with them.

      NZ just isn't large enough for the US to give a shit.

    6. Re:Something to add on. by maxume · · Score: 1

      European banks appear to be in more trouble than U.S. banks (meaning that the Euro zone has at least as much pain to look forward to as the U.S.). China has a lot of economic growth going on, but they need that growth (their per capita GDP is not particularly high). They are slowly establishing internal consumption, but there are so many people there that they often can't afford to implement efficiencies (because a few people working inefficiently is somewhat better than a bunch of people not working at all).

      Basically, the U.S. dollar looks pretty bad, but not as bad as a lot of other stuff.

      --
      Nerd rage is the funniest rage.
    7. Re:Something to add on. by Petrushka · · Score: 1

      ... but NZ politicians would still dearly love to get a FTA with the US. And the National government has already made clear that they would be willing to create new copyright laws specifically to get such a FTA -- just as Australia did.

      It's probably got something to do with the fact that, despite all reasons to run screaming from the US, the US is still our number 2 trading partner. (Unless you count the EU as a single nation, of course.)

    8. Re:Something to add on. by SoupIsGoodFood_42 · · Score: 1

      I think you'll find it might have less to do with size and more to do with our main exports competing with local produce, which is understandable given the current economic climate.

    9. Re:Something to add on. by Anonymous Coward · · Score: 0

      It may happen just yet. Take a look at what Wen Jiabao, the Premier of China, stated very recent about the over one trillion outstanding U.S. debt held by his country:

      "We have lent a huge amount of money to the U.S. Of course we are concerned about the safety of our assets. To be honest, I am definitely a little worried."

      Anyone that understands Chinese culture knows that's not a subtle hint.

    10. Re:Something to add on. by Max+Littlemore · · Score: 2, Insightful

      Basically, the U.S. dollar looks pretty bad, but not as bad as a lot of other stuff.

      Only because everyone is still using the greenback. It's all artificial. The US is already broke. This AC post puts it nicely. Very insightful.

      --
      I don't therefore I'm not.
    11. Re:Something to add on. by maxume · · Score: 1

      Most of the developed world is even more broke than the U.S. (if you use debt to GDP ratios). There is probably some argument to be made that the U.S. GDP isn't as strong as it looks because of the valuation of the dollar, but on the other hand, it probably isn't overstated by a factor of 2.

      --
      Nerd rage is the funniest rage.
    12. Re:Something to add on. by blankinthefill · · Score: 1

      And anyone who knows anything about finances realizes that US Treasuries are still pretty much the safest investments on the planet. He may be making a threat *cough* hint, but its misplaced, and I'm also sure that he knows it.

    13. Re:Something to add on. by Max+Littlemore · · Score: 1

      it probably isn't overstated by a factor of 2.

      You're quite right. It's probably overstated by a factor of 200. Especially if, and I'm trying to bring this back on topic slightly, you consider the changes to IP laws that keep extending the life of copyright, etc.

      These laws, tied with how they are pushed on other countries such as New Zealand (wow got it on topic again!!!) and the over valued greenback make for a massive overestimation of US GDP.

      This has been working for the US for a long time, and probably providing stability to economies around the world, but now the benefits aren't so clear. US dollar, and the US economy for that matter, is what is it is because the rest of the world believes in it and supports it. The rest of the world doesn't have to.

      It would be nice if the US included this understanding in foreign policy, but that is not the American way, so I think it's a good time to switch teams. We're all going through bad economic times, but I see the EU as less of a problem than the US because, even with new members in Eastern Europe, they are less of a liability than the US and less inclined to shove their agenda down the throats of other sovereign nations. They stopped doing that half a cenury ago. Perhaps if everyone switched, the EU would become a monster and in 50-100 years we would be in a similar crisis with US would look attractive, or China, or New Zealand. I'm talking about now.

      I'm in Australia, and our economy was doing fine, and would still be doing fine, if it wasn't for the sub prime collapse. With freinds like that, who needs enemies?

      --
      I don't therefore I'm not.
    14. Re:Something to add on. by maxume · · Score: 1

      You are asserting that, on average, working Americans produce less than $1,000 of value a year. That's fine, you can think whatever you want, I'm just translating it into a real number.

      --
      Nerd rage is the funniest rage.
  8. So... by fuzzyfuzzyfungus · · Score: 5, Interesting

    DMCA notices are filed under penalty of perjury. Has anybody, ever, even a single case, been punished for filing a false takedown?

    *crickets*

    1. Re:So... by oldhack · · Score: 2, Funny

      Purjury is difficult to prosecute because you need to prove it to be willful or some such. Of course, I'm of slashdot school of legal philosophy AKA "talk outta ma ass".

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    2. Re:So... by geekoid · · Score: 1

      You need to follow up, and sadly most people don't want to bother. They would rather buckle then do the simple paperwork involved in rebutting a claim. If they do file, then person the sent the original DMCA goes away, and who want's to press charge at that point?
      well, I would but I'm not normal.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:So... by davburns · · Score: 1

      The DMCA notices I've seen only swear to be authorized to act on the copyright owner's behalf, and/or that there is an exclusive license which the alleged file sharer doesn't have. The details about IP addresses, protocols, and timestamps are (at best) represented as a "good faith belief." It's never been clear to me if those sending the notices are making any claim that the

      Do you have a reference for your claim that the entire notice must be filed under penalty of perjury? I have some that are completely implausible, and others that for which I have some doubt. If this were indeed perjury, that would probably be interesting to lawyers defending clients from similar evidence.

    4. Re:So... by fuzzyfuzzyfungus · · Score: 4, Informative

      I'm not sure if it is a statutory requirement or not; but the following language is extraordinarily common in DMCA takedown notices:

      "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

      From here,

      "(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

      makes it sound as though the minimum requirements may be slightly looser. IANAL, though.

    5. Re:So... by hengist · · Score: 2, Interesting

      >DMCA notices are filed under penalty of perjury. Has anybody, ever, even a single case,
      > been punished for filing a false takedown?

      As I understand it, the perjury clause refers to the statement of the notifier that they
      represent or are truly acting for the rights holder, not that what they claim is true. I
      think that only requires a "good faith" belief that the material they wish taken down is
      infringing.

    6. Re:So... by brit74 · · Score: 1

      Yes, I'm reiterating what Zombie Ryushu (803103) said, but here's a link:
      http://www.youtube.com/watch?v=T_MYyc-PtH4

      I'm sure there are other cases.

    7. Re:So... by brit74 · · Score: 3, Informative
    8. Re:So... by SoupIsGoodFood_42 · · Score: 1

      That's not the point. The point was that New Zealand was recently considering passing a silly law that would have had ISPs terminating people's accounts at the mere accusation of copyright infringement, supposedly because hardly anyone would make false claims simply to get innocent people cut off. Google is offering evidence to the contrary.

    9. Re:So... by Bazzargh · · Score: 1

      I'm not sure if it is a statutory requirement or not; but the following language is extraordinarily common in DMCA takedown notices:

      "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

      It's common in part because Google's instructions on how to submit a valid takedown notice tell you to write exactly that (section 6). Saves the lawyers on both sides individually checking the legalese.

    10. Re:So... by Tuoqui · · Score: 1

      That is the one sidedness of the law...

      To issue a notice you dont have to swear anything under penalty of perjury. In order to issue a counter-DMCA notice you MUST swear under penalty of perjury. Therefore the person on the receiving end has more to risk than the person shooting off the request.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
  9. Re:Note to summary writer... by artor3 · · Score: 4, Informative

    Do you know what makes money the root of all evil? It[']s love.

    Could mean "Love, in general, is the answer to the question" or "Love of money is what makes it bad."

    See? Its absolutely possible to make a sentence where, when the apostrophe is misused, it's presence or absence matters.

  10. Re:Note to summary writer... by malkavian · · Score: 1

    Its a thing and it's a thing (off the top of my head). Totally different meaning

  11. Re:Note to summary writer... by michaeldot · · Score: 5, Funny

    U r right, it really dusnt matter how u spell. Its not like their are standards to maintain. Or that its just plane irritating to sea.

    (Pedants aside, a large proportion of Slashdot readers are programmers whose brains sound an alarm bell when a sentence doesn't parse correctly.)

  12. Re:Note to summary writer... by owlnation · · Score: 5, Insightful

    they really oughta have a preview button or something.

    Hoist by thine own petard. By the way it's "ought to". See, we can all be pedantic grammar nazis too.

    It's easy. And yet... so pointless. Language is a means of communication. For millennia, it had no agreed, defined structure. Then along comes Dr Johnson, the world's first grammar nazi, and spoiled things for everyone by stifling creativity. Shakespeare, a man who -- you know -- was and is, widely renowned for being quite good at English, used to make words up all the time, and bend others to his will. You'd have him shot, no doubt. Or his books burned for grammar crimes.

    Did you understand what the summary meant? Yes, you did. So... shut up.

  13. But what do we do? by Anonymous Coward · · Score: 0

    This is just one more reasons why section 92A is nothing but trouble for 99% of the population. But how do we go about solving the problem. Moaning about it doesn't seem to have much effect.

    1. Re:But what do we do? by endymion.nz · · Score: 4, Insightful

      Um, have you been paying attention? We have been moaning about this for the last year, some of us (me, maybe not you) wrote to our electoral candidates asking what they would do about it, and now the National government has suspended the enactment of the law for review. Seems like moaning about it is all we can do, but at least it is having an effect!

      --
      mediocrity rules, man
  14. Venom Fang X by Zombie+Ryushu · · Score: 1

    Look up Venom Fang X on Youtube.

    1. Re:Venom Fang X by Anonymous Coward · · Score: 0

      irrelevant, that situation never saw the light of a court room. He was simply bullied by the threat of a suit being filed.

  15. Re:Note to summary writer... by Sasayaki · · Score: 3, Funny

    Good point. I never thought of things that way- it's just needless formatting. I mean, taking things one step further now, I guess it doesn't really matter if you don't
    haveanyspacesat
    allinyoursenten
    ces.Iguessyoudo'
    n'treallyneedth
    oseafterall,ori
    nfactorevenpunc.
    tuationatallorc
    apitallettersim
    eanalltheconten
    tisthereandther.
    estisjustformat
    tingdesignedtom'
    akethesentencee
    asiertoreadandr
    emoveambiguitie
    sbutimeanheyify
    oucouldntbeboth-
    eredspendingthe
    typetypingoutyo.
    ursentenceaccur
    atelyandmakingi
    teasytoreadwhys
    houlditaketheti
    metoreadit-

    Edit: Even the filter won't let me post sentences like this without putting in some junk.

    --
    Check out my sci-fi book "Lacuna" at http://goo.gl/MVxX8
  16. Re:Note to summary writer... by baxissimo · · Score: 1

    How about:

    It's beginning to look a lot like Christmas was our sign to get in the car and go shopping.

    Oops, I meant 'its'. Yeh, there's only one way to parse it, but you don't find out which is the right way till the end of the sentence. (And don't ask me what 'it' is referring to there).

    I think I agree with your general sentiment though. Special cases aren't special enough to justify completely breaking the regular rules. Both meanings should be written "it's". And like so many other things in English it would be the writer's responsibility to write sentences that parse unambiguously.

  17. Re:Note to summary writer... by Anonymous Coward · · Score: 0

    Good example. And 3 how you then misused the apostrophe right there in the last sentence.

  18. Content of Submission by Rangataua · · Score: 5, Informative

    The content of the Google submission to TCF can be found here. Some of the other submission (including the Auckland District Law Society and the Radio New Zealand submissions) are worth a read.

  19. Re:Note to summary writer... by Aphoxema · · Score: 4, Funny

    I get that wrong all the time even though I'm fully aware that the possessive of "it" is "its". It's not that I'm bad at English, I just don't give a fuck about that particular apostrophe.

    In fact, if it wasn't for the squiggly red lines I wouldn't care to correct my mistyping. I just can't stand those awful squiggles, it's like they're Satan rising up from ashes to haunt me with the terror of a thousand mad-libs...

    --
    "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
  20. Re:Note to summary writer... by RodgerDodger · · Score: 4, Interesting

    This is exactly how people used to write. The use of a punctuation marker between words didn't catch on in Latin until sometime between 600AD and 800AD. A lot of punctuation marks, and grammar in general, is a relatively recent fad.

    --
    "Software is too expensive to build cheaply"
  21. Re:Note to summary writer... by quickOnTheUptake · · Score: 0, Offtopic
    I found 2 occurences of the forms in question (actually 2 occurencese of one, and none of the other):

    In its submission

    about its proposed

    Both are possessive. Both are correct. Did they change TFS? Or did OP screw up?

    --
    Mod points: Guaranteed to remove your sense of humor.
    Side effects may include gullibility and temporary retardation
  22. Re:Note to summary writer... by StarsAreAlsoFire · · Score: 5, Funny

    Now show me one sentence where the meaning becomes different depending on which way you spell it(')s. Any sentence. Don't have one? Still feel like you know something important?

    I feel it's nuts.

  23. Re:Note to summary writer... by Cowmonaut · · Score: 1

    Completely off topic but very insightful. Thank you.

  24. The government needs to stand its ground by dwhitaker · · Score: 1

    Since the advent of the internet and the laws governing it and how it affects copyright, the government has passed laws which turn the judicial system into an arm of major corporations.

    Copyright needs to be protected - as a photographer I know this well. However, the rights of the populous must also be protected: isn't that ostensibly the role of government?

    1. Re:The government needs to stand its ground by Anonymous Coward · · Score: 0

      ...However, the rights of the populous must also be controlled: isn't that ostensibly the role of government?

      Fixed that for you.

      Signed,
      RIAA

  25. DMCA Thoughts by Apple+Acolyte · · Score: 2, Interesting

    That's a good question. I think the penalty of perjury clause serves as a mild deterrent, and I think to an extent it does work. It takes a pretty dishonest person to sign on the dotted line, under the penalty of perjury, things to which the person is attesting falsely. Of course, that doesn't stop unscrupulous individuals who use the same logic - that the penalty is really not enforced.

    I don't hate the DMCA like the vast majority of /. members do. I think legitimate copyrights, trademarks and patents deserve reasonable protection in an information-based economy. Yes, the Act went far too far with the anti-circumvention clauses that obviously thwart innovation. However, in the electronic world where bad actors can instantly steal and widely disseminate other people's work and pass it off as their own - and even masquerade as the owner of the work maliciously, it is very helpful to have a method within the law for protecting ownership rights short of always involving lawyers at substantial and on-going costs. Every once in a while my organization has to send out a DMCA take down notice against those who are using our trademarks to sell counterfeit merchandise. If the DMCA were not in force and we had to file a lawsuit over every small act of infringement, we would not be able to afford to protect our rights. On the other hand, we once also faced a scum bag lawyer who fraudulently abused the DMCA (under the penalty of perjury) and caused us huge problems because of the incompetence of Network Solutions. We had to remedy that situation in court.

    The DMCA is a legal tool that can either be used properly or misused. The most important thing for web hosts and other service providers to do is to abide by the protocol established by the Act for handling take-downs and counter-notices and to publish a DMCA policy that recognizes that protocol. Unfortunately, in hotly contested situations many web hosts will be more responsive to the threats of abusive lawyers than to the letter of the federal law and their own stated policies. A lot of providers don't publish any information on how they handle DMCA notices, and that is a problem. YMMV.

    --
    Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    1. Re:DMCA Thoughts by russotto · · Score: 5, Insightful

      That's a good question. I think the penalty of perjury clause serves as a mild deterrent, and I think to an extent it does work. It takes a pretty dishonest person to sign on the dotted line, under the penalty of perjury, things to which the person is attesting falsely.

      The perjury clause is so useless as to be limited. I could send a DMCA request to anyone's provider, claiming that file X on their website infringed my copyright on work Y, and as long as I actually owned work Y, I would not have committed perjury -- even if I knew damn well file X had nothing to do with it.

      Every once in a while my organization has to send out a DMCA take down notice against those who are using our trademarks to sell counterfeit merchandise.

      Congratulations, your organization is a DMCA abuser. DMCA takedowns are for copyright violation, not trademark violation.

      it is very helpful to have a method within the law for protecting ownership rights short of always involving lawyers at substantial and on-going costs

      Indeed, it is helpful -- for abusers. The people abused, on the other hand, are shut down with no recourse other than to involve lawyers at substantial cost; the counternotice basically says "Meet me at high noon in Federal Court". Furthermore, if the abuser does sue, the DMCA provides the equivalent of an automatic restraining order, which, given the length of court cases, means the abuser essentially wins regardless of the outcome.

    2. Re:DMCA Thoughts by Anonymous Coward · · Score: 0

      Gosh, it couldn't be that the notices are actually regarding the sale of counterfeit goods ... counterfeit goods which would violate copyright.

    3. Re:DMCA Thoughts by Apple+Acolyte · · Score: 1

      The perjury clause is so useless as to be limited. I could send a DMCA request to anyone's provider, claiming that file X on their website infringed my copyright on work Y, and as long as I actually owned work Y, I would not have committed perjury -- even if I knew damn well file X had nothing to do with it.

      And if you did that you would not be able to confirm that the site in question actually was violating your copyright, and assuming the host wasn't incompetent your take down notice would be rejected. Unless I'm misreading the scenario you're depicting.

      Congratulations, your organization is a DMCA abuser. DMCA takedowns are for copyright violation, not trademark violation.

      Ah good catch. I will note, however, that all the instances to which I previously referred also were instances of copyright violations, and in addition, I think that most (if not all) service providers treat trademark violations in the same manner they treat copyright violations under the DMCA. I think it's proper for registered trademarks - which involve more work to obtain and keep than do copyrights - to be respected just as much copyrights are online. You may counter that that is not technically a part of the DMCA, which is true. However, web hosts as private companies do have the right to refuse service (like any other private business), so I don't think it's problematic for them to set in place policies that logically complement the DMCA's provisions.

      Indeed, it is helpful -- for abusers. The people abused, on the other hand, are shut down with no recourse other than to involve lawyers at substantial cost; the counternotice basically says "Meet me at high noon in Federal Court". Furthermore, if the abuser does sue, the DMCA provides the equivalent of an automatic restraining order, which, given the length of court cases, means the abuser essentially wins regardless of the outcome.

      The parties that are abused can file counter-notices and get their service reinstated (theoretically) according to the terms of the DMCA, unless and until further legal action is taken by the accusing party. If no court order is subsequently sought against the alleged infringer, the material is supposed to be restored. Only high quality providers will abide by the counter-notice provisions of the DMCA, but that's not the fault of the Act but rather those required to abide by it that fail to do so. The law does not provide "for an automatic restraining order, either." IIRC, without a court order mandating a suspension of service, service to the allegedly infringing party is supposed to be restored during the pendency of a court proceeding over the dispute. Again, I do realize that few providers will actually abide by the law to that extent, but that's their fault for violating federal law.

      --
      Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    4. Re:DMCA Thoughts by Phroggy · · Score: 3, Insightful

      Gosh, it couldn't be that the notices are actually regarding the sale of counterfeit goods ... counterfeit goods which would violate copyright.

      Most goods aren't subject to copyright. That's why generic drugs exist - they can be patented, but once the patent expires, it's perfectly legal to sell your own copies. You just have to change the name and the packaging, in such a way that a reasonable person wouldn't be confused into thinking your product actually is the original product (that would be a trademark violation).

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    5. Re:DMCA Thoughts by hattig · · Score: 1

      Hmm, so counterfeit t-shirts (music bands, etc) somehow don't include copyrighted imagery on them?

    6. Re:DMCA Thoughts by russotto · · Score: 1

      And if you did that you would not be able to confirm that the site in question actually was violating your copyright, and assuming the host wasn't incompetent your take down notice would be rejected. Unless I'm misreading the scenario you're depicting.

      The DMCA encourages (by providing safe harbor) the host to take the material down based on the takedown notice, even if the takedown notice is bogus. Some hosts check to see if it is sensible or not, most don't. My point is that there's no perjury provision preventing me from demanding a bogus takedown. That is, if I claim a file containing a copy of the essay "On Civil Disobedience" on someone's website is infringing my copyright on an essay I wrote called "Copyright Forever", then as long as I really did write "Copyright Forever", I'm not committing perjury, even though I'm lying my ass off.

      The parties that are abused can file counter-notices and get their service reinstated (theoretically) according to the terms of the DMCA, unless and until further legal action is taken by the accusing party.

      Actually, the accusing party only has to SAY they are taking legal action. But the counter-notice is still an invitation to be sued.

      IIRC, without a court order mandating a suspension of service, service to the allegedly infringing party is supposed to be restored during the pendency of a court proceeding over the dispute.

      Nope, if the complainer says he's suing, the material remains taken down. See 17 USC 512(g)(2)(c).

    7. Re:DMCA Thoughts by Hatta · · Score: 1

      And if you did that you would not be able to confirm that the site in question actually was violating your copyright, and assuming the host wasn't incompetent your take down notice would be rejected. Unless I'm misreading the scenario you're depicting.

      Nope. The host is obligated to take down the allegedly infringing item. If the DMCA notice is invalid, your statutory recourse is to file a DMCA counterclaim. The point of the DMCA is to remove the burden of deciding who owns a copyright from the ISP. As long as the claims are filed in the proper manner, the ISP has no choice but to comply.

      --
      Give me Classic Slashdot or give me death!
    8. Re:DMCA Thoughts by russotto · · Score: 1

      As long as the claims are filed in the proper manner, the ISP has no choice but to comply.

      No, the ISP can ignore DMCA takedowns. However, by doing so they lose the "safe harbor" and could be sued themselves. Some claim that by ignoring any DMCA takedowns the ISP loses the "safe harbor" for ALL copyright infringement; IMO that's not a sensible reading and the ISP only loses "safe harbor" for the ignored takedown, but I don't think that issue has ever been litigated.

      Never mind that before the DMCA, several court decisions had already established immunity for copyright violations without any takedown provision; it's rather likely that despite the DMCAs explicit language to the contrary, courts will take the DMCA as overriding those earlier immunities.

    9. Re:DMCA Thoughts by Hatta · · Score: 1

      You are of course correct. But what company would willingly open themselves to litigation, when they can follow a simple procedure and avoid the issue entirely? The ISP is not literally forced to do the take down, but they might as well be.

      --
      Give me Classic Slashdot or give me death!
  26. Re:Note to summary writer... by ydrol · · Score: 1

    Unrelated to the point being made but IIRC it's "The love of money is the root of all kinds of evil." Not of all evil. But do carry on :)

  27. doesn't google like the DMCA? by fermion · · Score: 1

    I thought that google liked the DCMA as it protects them from lawsuits and other more extensive harassment. As it is now, all the have to do is take down the content. If this wasn't there they would be overrun with lawsuits. The only thing it seems to fight are things that might hurt it's ad business.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    1. Re:doesn't google like the DMCA? by Anonymous Coward · · Score: 0

      Exactly. If there were no DMCA, Google would have to lobby for it (or sell Youtube).

    2. Re:doesn't google like the DMCA? by broken_chaos · · Score: 4, Interesting

      On every search page where they've removed results due to the DMCA, the following is placed (the only editing I have done is to the link that would link to the actual notice - it's different for each notice, but Chilling Effects doesn't always have the notice on file):

      In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at ChillingEffects.org.

      Linking there does not seem to be supportive of the DMCA. Chilling Effects is surprisingly neutral, given it's project by several law schools and the EFF, but it's far from blind supportiveness from what I can see.

      (Disclaimer: I'm not a lawyer, nor am I American, so I may not know as much about this as someone else here.)

  28. data driven law making? by Dan667 · · Score: 2, Interesting

    Do you think this would be enough to force the DCMA to be kneecapped? Clearly this was not it's intended purpose so the law needs to change.

  29. Re:Note to summary writer... by jedwidz · · Score: 1

    The unwanted child cries unheard, it's life ends too soon.

  30. Money's love by lennier · · Score: 1

    Its love? What does money love?

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    1. Re:Money's love by Anonymous Coward · · Score: 0

      Being saved by switching to Geico?

    2. Re:Money's love by JeanPaulBob · · Score: 1

      The possessive can be used to replace almost any kind of "of" phrase. So, "love of money"=="money's love". But some usages are unusual, so they seem odd.

  31. If these numbers are true... by Newer+Guy · · Score: 1
    If these numbers turn out to be accurate, it shows rampant abuse of the DMCA-just like many of us predicted. It shows that over half the takedown notices are done for anti-competitive reasons and almost 40% of them are inaccurate and/or fradulent.

    My fear is that-that any law that is put forth to replace (fix?) the DMCA's problems might well more Draconian then the DMCA itself. It's as if the bad known is better then the possibly worse unknown

  32. Couldn't Google just BUY New Zealand? by tjstork · · Score: 0

    OR is their stock too low for that now.

    --
    This is my sig.
    1. Re:Couldn't Google just BUY New Zealand? by Anonymous Coward · · Score: 0

      They could probably still afford it, property prices are down here too, although not as low as in parts of the US. However, that may not be all that relevant...it seems to me that what Google has done is kindly make a submission opposing a bad law which is currently under review, partly because many people are waking up to the idea that it is in fact be a bad law. So I guess props to Google for standing up on the side of righteousness. Maybe if the new government goes ahead and passes the old governments bad draft law we will need Google to buy the place to rescue us. If it does go ahead there will certainly be plenty of people looking out for ways of getting it used against people who richly deserve it, like politicians.

  33. Re:Note to summary writer... by TapeCutter · · Score: 1

    The word "kinds" is redundant, unless of course you can find an evil that is not a kind of evil...

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  34. Re:Note to summary writer... by tigerhawkvok · · Score: 1

    I don't even notice squiggles anymore. They squiggle on HTML, they squiggle on computer terms (agregator), they squiggle on biology and physics terms (saurichian, Hermetian) ... I just can't win.

    --
    Blog
  35. Re:Note to summary writer... by Anonymous Coward · · Score: 1, Insightful

    Yeah let's just keep doing what people in the past did. It's worked out so well before.

  36. Re:Note to summary writer... by taucross · · Score: 0

    (Pedants aside, a large proportion of Slashdot readers are programmers whose brains sound an alarm bell when a sentence doesn't parse correctly.)

    Some slashdot compilers are more verbose than others, it seems.

    --
    "In the absence of the ability to establish the attribute of truth they tried to establish the noble attributes."
  37. Re:Note to summary writer... by glowworm · · Score: 4, Insightful

    Now show me one sentence where the meaning becomes different depending on which way you spell it(')s.

    Never drink wine before its time. (Don't drink pre-vintage wine)
    Never drink wine before it's time. (Don't drink before 12pm)

    --
    Orationem pulchram non habens, scribo ista linea in lingua Latina
  38. Re:Note to summary writer... by BluBrick · · Score: 2, Funny

    If you look carefully, you'll see that artor3 misused both apostrophes in that last sentence.

    --
    Ahh - My eye!
    The doctor said I'm not supposed to get Slashdot in it!
  39. Re:Note to summary writer... by BluBrick · · Score: 1

    Too fucking shay!

    --
    Ahh - My eye!
    The doctor said I'm not supposed to get Slashdot in it!
  40. Linkies by Quothz · · Score: 1
    Telecommunications Carriers Forum.

    Google's proposal. (Warning! .pdf, stab their eyes)

    Here's Google's citation to the numbers. (Another .pdf, damn them)

  41. Re:Note to summary writer... by StarsAreAlsoFire · · Score: 1

    I must admit that my comment comes from a /. sig

  42. Re:Note to summary writer... by artor3 · · Score: 4, Funny

    And believe you me, it was not easy finding a way of phrasing that that gave me the opportunity to mess them both up. =P

  43. Re:Note to summary writer... by mokus000 · · Score: 1

    I just can't stand those awful squiggles, it's like they're Satan rising up from ashes to haunt me with the terror of a thousand mad-libs...

    I don't like the squggles much either, but when I see the wrong "it's", the wrong "you're" and other such errors in any context, squiggles or no, I get the reaction you described.

    --
    Additive identity, multiplicative cancellation, distributive multiplication over addition: pick any two (unless 1 = 0)
  44. Re:more importantly: by Anonymous Coward · · Score: 1, Funny

    100% of those get modded troll when they post.

  45. Re:Note to summary writer... by Aphoxema · · Score: 1

    They're trying to eat you! Run away, poor geek!

    --
    "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
  46. Re:Note to summary writer... by auLucifer · · Score: 1

    How about use the simple his/he's test that Dictionary.com suggest?
    http://dictionary1.classic.reference.com/help/faq/language/d62.html
    Then you'll be able to find out for yourself

    --
    If I was witty I'd put something funny here but, as it stands, I am not and have just wasted seconds of your life
  47. Re:Note to summary writer... by theillien · · Score: 1

    One more abhorrent device created by Microsoft. Or at least made popular by them. I don't know where it started.

  48. Re:Note to summary writer... by syousef · · Score: 1

    (Pedants aside, a large proportion of Slashdot readers are programmers whose brains sound an alarm bell when a sentence doesn't parse correctly.)

    Well when they read slashdot they should be compiling with gcc -w or at least without passing -pedantic

    --
    These posts express my own personal views, not those of my employer
  49. Re:Note to summary writer... by Anonymous Coward · · Score: 1, Insightful

    Kinda like how medicine is a recent 'fad'.

    I mean, people were dying for thousands of years!! Stop complaining when people don't use medicine properly!! It's constantly evolving and changing! Okay, so you took a poison pill. Did you survive? Are you okay? Yes? Shut the fuck up then!

  50. Re:Note to summary writer... by Aphoxema · · Score: 1

    One more abhorrent device created by Microsoft. Or at least made popular by them. I don't know where it started.

    Uh, Duh. Hell, obviously.

    I think they're a great idea really, I never believed in spellcheck because I've always had faith in my own spelling. However, my unwillingness to check for mistyping even though I know I have terrible accuracy is pure arrogance.

    --
    "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
  51. Re:Note to summary writer... by Paua+Fritter · · Score: 1

    Saurischian

  52. ...and the other half by flyingfsck · · Score: 3, Funny

    is businesses targeting their own customers - RIAA and MPAA.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  53. Re:Note to summary writer... by theillien · · Score: 1

    I suppose calling them abhorrent was probably premature on my part. I do use them and have found them to come in handy. However, I've also been the type to be asked by numerous people in my life "How do you spell $WORD" because I've just always been a good speller. Although, I'm also the type to read, re-read and re-re-read anything I write just to ensure that my grammar makes sense and the spelling is as close to perfect as I can make it.

  54. Re:Note to summary writer... by Anonymous Coward · · Score: 1, Funny

    I just don't give a fuck about that particular apostrophe

    It's called an elevated comma. Jeez don't you no good English?.

  55. Re:Note to summary writer... by gringer · · Score: 1

    In the line of Shakespeare, here's a little fabricated sentence I just coughed up, with the help of a script I wrote:

    The Repanal's thiout lived in Reluggia, a very reonancid place with plenty of neute senables that wore large undatinks. The tounthude of Reluggia, luckily, spoke Iingic, telling the thiout that jenigircer left her fers in Resepro. It was an inverish statement, but a bit afty and plumboob, so the thiout believed the tounthude.

    Schose, the reshil, was rubbling near the paybacinnion, playing with the harnemy and the canths, who looked very sompery.

    --
    Ask me about repetitive DNA
  56. Re:Note to summary writer... by Anonymous Coward · · Score: 0

    However, I've also been the type to be asked by numerous people in my life "How do you spell $WORD" because I've just always been a good speller.

    Out of curiosity do those folks also ask you how to spell Micro$oft?

  57. where are our rights? by schizz69 · · Score: 1

    I thought we were living in a democratic society, so why do the minority (big business) have the power to push through ridiculous legislation with absolutly no regard to the human rights nor the innocent until proven guilty legislations, which our grandparents and ancestors fought and died to implement in the name of making our cuntry a better place to live. Its great to be an underdog in a society that favors only money... ahem

    1. Re:where are our rights? by Gonoff · · Score: 1

      I thought we were living in a democratic society

      You were mistaken there. We live in a Capitalist society. This has got nothing to do with democracy, other than the fact that some/many people tend to vote for capitalism.

      In case anyone else wonders, neither is the Socialism you will find in much of western Europe incompatible with democracy. In fact, it is also what people repeatedly democratically vote for.

      --
      I'll see your Constitution and raise you a Queen.
  58. Re:Note to summary writer... by Anonymous Coward · · Score: 1, Insightful

    they squiggle on computer terms (agregator)

    That's because it's aggregator.

  59. Re:Note to summary writer... by Anonymous Coward · · Score: 0

    I usually buy it a drink first

  60. it hurts more because... by bukuman · · Score: 1

    firstly it's likely to be abused - as demonstrated by the failure of the copyrighteous to use the existing laws correctly. Secondly it reverses the onus of proof and removes even due process - which makes the abuse much more potent and the chilling effect on legitimate activity that much more powerful.

    The people pushing these laws want to be sure they are the only conduit by which any (even perfectly legal) content can be distributed. We all know how well monopolies work out - why make it easier for the incumbents to maintain and extend theirs?

  61. My take on this. by Anonymous Coward · · Score: 1, Insightful

    My take on this. EVERY law that was passed in this country from 1900 to the present should be REPEALED.

    Every. Single. One.

    Why?

    Because they are all GARBAGE. That's why. The DMCS is only one small and trivial example.

    1. Re:My take on this. by pugugly · · Score: 1

      I particularly regret the 1904 law making it illegal to kill people that engage in hyperbole without justification.

      Pug

      --
      An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  62. Re:Note to summary writer... by grumpy_ferret · · Score: 1

    This is more like Lewis Carroll than Shakespeare. See http://en.wikipedia.org/wiki/Nonsense_verse

  63. Re:Note to summary writer... by tigerhawkvok · · Score: 1

    See? Never check the squiggles. I've even taught a class on saurischia and am working on a paper involving them. Whoops. Pie on my face?

    --
    Blog
  64. Re:Note to summary writer... by Runaway1956 · · Score: 2, Informative

    Duhhh. People don't speak like a textbook. I often use such words as "oughta", as in "oughta be tarred and feathered". It isn't ignorance, nor is it carelessness - I type it that way intentionally, because people all over America TALK THAT WAY. Ain't you glad that it's so? (Don't bother telling me that "Ain't ain't a word", I've heard it enough times, and it IS A WORD, commonly used by uneducated and educated people alike.)

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  65. Re:Note to summary writer... by Phroggy · · Score: 1

    The word "kinds" implies that evil is not homogenous, and clarifies that this statement does not conflate the various kinds, but merely identifies a common root between them.

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  66. Re:Note to summary writer... by Phroggy · · Score: 1

    I have an easier rule: "it's" (with an apostrophe) is always a contraction for "it is", and is never possessive. Therefore, if you can substitute "it is" without changing the meaning, use the apostrophe in "it's". Otherwise, using an apostrophe would be wrong.

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  67. Re:Note to summary writer... by Anonymous Coward · · Score: 0

    Did you understand what the summary meant? Yes, you did. So... shut up.

    Man yo bunnies no crap that is! Chairs flying exclude inclusion of exclusion rabies! ... and that's why the language should have a clear structure, you wouldn't want half of your country to speak the way you do now and the other half to speak like my first sentence.

    Want proof? Yo shit nigga, that motha fucka's going down tonight or we dead, man! (no offense intended) And that's why words should have a clear meaning.

  68. Re:Note to summary writer... by Endo13 · · Score: 1

    The only one that still gives me that reaction is when people turn "would've" into "would of" (or "should've into "should of", etc.) Most grammar and spelling errors are excusable, but not that one. People who can't get that right should not be allowed to type or write anything that will ever be seen by anyone but their family or English teacher.

    --
    There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  69. Re:Note to summary writer... by Anonymous Coward · · Score: 0

    I hate to have to be the one to break this to you, but there are still languages that are writing without spaces or any interword separation of any sort at all. And even worse, it works perfectly fine*. Horrible, I know, but it's true.

    *Unless you are an automated translation program, in which case it'll trip you up pretty well.

  70. Re:Note to summary writer... by Anonymous Coward · · Score: 0

    A lot of punctuation marks, and grammar in general, is a relatively recent fad.

    Coincidentally, so is writing.

  71. Re:Note to summary writer... by kiddygrinder · · Score: 1

    It's a poorly phrased sentence either way, i don't think anyone in the world would go "oh there's an apostrophe there, they must mean one or the other", they'd just guess.

    --
    This is a joke. I am joking. Joke joke joke.
  72. Re:Note to summary writer... by swilver · · Score: 1

    That's nice, it's a good thing I can hear apostrophes when someone speaks english...

  73. Re:Note to summary writer... by Daengbo · · Score: 0, Offtopic

    OK, I'm undoing five moderation points to comment on this. Thai is a language without spaces or punctuation. I'm relatively fluent. Reading is a PITA. It requires special word-parsing libraries (libthai on your Linux setup -- Thanks, Mr. Choke) to get line wrap to work correctly. There is great opportunity for misunderstanding.

    It's not a great way to go.

  74. Re:Note to summary writer... by Anonymous Coward · · Score: 1, Informative

    Rhiza gar panton ton kakon estin he philarguria. So it's literally "all the evils".

  75. Re:Note to summary writer... by CAIMLAS · · Score: 1

    I'm not sure which is more fucked... that I could read that just fine, at 6am in the morning (on the down side of the day, no less), or that I actually bothered to read half of it. :-/

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  76. Re:Note to summary writer... by Leafheart · · Score: 1

    Saramago, is that you?

    --
    --- "When you gotta do something wrong. You gotta do it right. (Fighter)"
  77. Re:Note to summary writer... by ydrol · · Score: 1

    the meaning of all kinds depends on the context, and can still be ambiguous. eg the truck sold all kinds of ice-cream , does not mean it has every variety on the planet. However as far a biblical quotes are concerned its not really worth discussing further until you go to the original greek/hebrew etc :)

  78. Re:Note to summary writer... by Anonymous Coward · · Score: 0

    it's presence or absence matters.

    I'm sorry, I don't understand your point. "It is presence or absence matters"? I think you misused the apostrophe.

  79. Re:Note to summary writer... by Fred_A · · Score: 1

    I mean, people were dying for thousands of years!!

    Did they suddenly stop ?
    Why didn't I get the memo ?

    That would explain a lot of the problems we've been having lately...

    --

    May contain traces of nut.
    Made from the freshest electrons.
  80. Re:Note to summary writer... by mcgrew · · Score: 1

    You're a frickin' genius, Ben!

    Oh shit, this is slashdot. Your a frickin genius, Ben!

  81. Re:Note to summary writer... by mcgrew · · Score: 1

    His
    Hers
    Its

    He's
    She's
    It's

    Bob's Quick Guide to the Apostrophe, You Idiots (that's the cartoon's actual title)

    And, you know, Bob's a nerd.

  82. Re:Note to summary writer... by Hatta · · Score: 1

    Shakespeare, a man who -- you know -- was and is, widely renowned for being quite good at English, used to make words up all the time, and bend others to his will. You'd have him shot, no doubt. Or his books burned for grammar crimes.

    I'd have him shot for being boring and overrated. Millions of high school students would thank me.

    --
    Give me Classic Slashdot or give me death!
  83. The actual submission by zenyu · · Score: 1

    http://www.tcf.org.nz/content/d543212c-ab29-42dc-8fa5-de14710785f6.html

    Scroll down to "Google" and click, you can also read any of the other comments, they are overwhelmingly in favor of repealing 92A.

    Scoop has extracted some choice quotes: http://www.scoop.co.nz/stories/PO0903/S00207.htm

  84. Re:Note to summary writer... by mcgrew · · Score: 1

    Sam Cemons (Mark Twain) was roundly criticized for the characters' speech in Huckleberry Finn. However, my take on it is if you're quoting someone, "oughta", "wanna", "gimme", etc are perfectly valid, while if you're making a first person statement you ought to use the proper word so as not to make people think you're an illiterate whose opinions therefore can easily be ignored.

  85. Re:Note to summary writer... by sabt-pestnu · · Score: 1

    Did you get your tax return, after sending in a detailed list of every expenditure you made (including the dollar you gave to the pan handler that time in New York), had the list stamped by a notary public, provided a list of all family members out to 3 generations (living or dead) with their social security numbers, who can testify you are who you say you are? You did? So... shut up.

    Just because something is possible despite obstacles, doesn't mean you should not complain about the obstacles.

  86. Re:Note to summary writer... by Patch86 · · Score: 1

    "I am the owner of all houses"

    "I am the owner of all kinds of houses"

    See the difference?

  87. Re:Note to summary writer... by ImprovOmega · · Score: 1

    The one that makes me see red is the "loose-lose" swap.

    Like: I'm going to loose my house!

    Loose it from what? Is it tied up or something? Some of the others I can forgive (its-->it's, you're-->your, their/they're-->there) because at least they're pronounced the same, but lose/loose, I mean honestly...

    Oh, and to anyone who *ever* says "for all intensive purposes" instead of "for all intents and purposes" you are going up against the wall after the loose/lose crowd.

    The population crisis will be solved with grammar nazism.

  88. Re:Note to summary writer... by Anonymous Coward · · Score: 0

    functional illiteracy for the fucking lose

  89. That's the thing.. by The+Creator · · Score: 1

    Not that I don't agree but your example doesn't take into account that now its fairly trivial to copy that sheet music and distribute it to thousands if not millions at no cost to the distributor in time or money.

    That is the reason the music distrubution industry should die off completely - they simply, no longer offer any service of any value. Songwriters and artists should of course ba paid (at reasonable rates of course, today 90-96% of the cost of music is for the distribution), and artists in turn pay for studio time etc. as needed.

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    FRA: STFU GTFO
  90. Someone needs to make the case on this. by pugugly · · Score: 1

    I'm not sure exactly how to do it, but I feel like this problem of wanting the internet tweaked to protect this or that group, that

    A) having a free, neutral internet is flat out beneficial to the society that has it.

    B) tweaking that from being completely free and neutral puts that society at a competitive disadvantage versus any society that doesn't, and

    C) unless you can prove that the benefits to society outweigh the competitive disadvantage gain by 'tweaking' the internet away from being a free and neutral common carrier, you are arbitrarily laughed out of the room.

    We invented the Internet, the largest change in the ability to transmit ideas since the printing press.

    Every time we decide that we need to arbitrarily lower the ability of the Internet to transmit ideas, we are seriously considering undermining the exact thing that as made it useful to have, but generally without explicitly admitting to that.

    Now, I'm will to concede the possibility that undermining the Internets ability to transmit information may in fact involve less opportunity cost in a specific case than simply putting more people to fix the problem caused by transmitting that information - the obvious example is 'child pornography', recidivism of sexual offenders being a notoriously difficult issue to 'cure', even in comparison to things like drug addiction.

    But even in a case like that - I'm at the point of being willing to wipe the slate clean and forcing people to measure the actual damage caused by lowering the Internets ability to transmit that information compared to simply using the same amount of money to catch the people that actually cause the problem.

    And frankly, if I am willing to force the advocates of that to make their case for it in mathematical precision, you can imagine how sick and tired I am of hearing the intellectual property lobby scream over and over that they need the internet redesigned to their personal specifications because someone somewhere may theoretically be keeping them from making 231% profit on every dollar of investment instead of the mere 230% profit margin they have now.

    I don't care how many billions of dollars you're losing because of the internet. You have to prove that *I* am, as an average citizen of the country that has an internet, going to be inconvenienced more by retaining net neutrality and forcing you to do the work of having to prove your case than I am by compromising net neutrality.

    If, taking into account all the opportunity costs involved in each possible solution, you can't mathematically prove that - then shut the fuck up and quit throwing fits.

    Pug, who is evidently more pissed about this than he had realized.

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    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  91. Re:Note to summary writer... by TapeCutter · · Score: 1

    ok,ok, I took it too far and fucked up....I withdraw the comment.

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    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.