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bediger

946 karma · joined October 6, 2009

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bediger··on MPAA CEO Chris Dodd: Blackouts Turn Users Into “Corporate Pawns”
Wow, that's really weird. I think you're projecting, Dodd.

On the other hand, sometimes I wish I had the presence of mind to falsely accuse others by saying they are doing what I'm actually doing. Of course this requires a lot of gall to carry off. Don't know that I've got that, either.

bediger··on The White House's Response to SOPA
Maybe part of SOPA has the effect you desire. Nevertheless, you've missed the part of the policy argument where you show that the proposed solution does not cause more problems than it solves, and the part where you do a cost/benefit analysis. These two parts often go together, as a huge cost is often often one of the problems of a proposed solution.

But, seriously: if it's all about trademark protection, why not call it "Stop Online Trademark Infringement"? Why bother to conflate it with copyright infringement (a.k.a. "piracy", arrr, mate!), even in the title of the bill?

Either SOPA is a mess because the concept of "IP" has led to conflating trademark problems with copyright infringement, OR it's a deliberately bad piece of legislation, introduced under one name in order to get it passed, but intended to be used for entirely different purposes. I know, false dichotomy fallacy, but still...

bediger··on The White House's Response to SOPA
Then go after counterfeit drugs specifically. SOPA casts far too wide a net, conflating counterfeit drugs, counterfeit/unauthorized fashion and copyright infringement. This conflation may be part of calling it all "IP" (a falsehood in fact, I believe), or it may be part of some effort to slip the mechanism of censorship in, but it's still a bad law, and "IP" is still a messy, confusing concept.
bediger··on The White House's Response to SOPA
The "gap" existing in current laws hasn't been demonstrated. That's one of the real issues here. How much harm does counterfeit drugs do? How much harm does "stolen" "IP" do?

Once we establish harm, then we can propose solutions. Once we propose solutions, we can see if any solution actually cures the problem, and doesn't cause more problems than it solves.

That's basic policy making 101. Don't make everyone look at your Beautiful Assistant while you shove the problems induced by the solution behind the black curtain.

bediger··on The White House's Response to SOPA
I propose they enforce it selectively, because everybody knows that a certain class of people is entitled to show status, and that certain other classes of people are not entitled to it. "Sumptuary laws". I like that term. It lets The Police take a few people down a notch or two when they're getting too big for their britches. Yeah!
bediger··on The White House's Response to SOPA
Yeah, but then the new class of "rightsholders" would have to pay for the enforcement of these new "rights" themselves. Surely they're entitled to have their "rights" enforced at others' expense.
bediger··on What everyone in the SOPA debate is missing: IP is not a fundamental right
I agree with you on the distinction of copyright and patent with respect to independent invention. But that's just a human-made distinction, in the USA. Whoever wrote the laws didn't get independent invention enacted in patents.

I also agree with your reason for "IP" as a misnomer.

I wanted to speak in a general or philosophical sense. not in a legal, specific sense. The internally-inconsistent concept of "Intellectual Property" founders on the rock of independent invention, if you reason from first principles, rather than attempting to propagandize your way through to some kind of state-enforced monopoly.

bediger··on What everyone in the SOPA debate is missing: IP is not a fundamental right
I agree that "Intellectual Property" isn't property per se.

It's just too easy to re-invent a particular bit of "IP". I mean, I've done some of those on-line "C Programming Interview Test Questions", and come up with something identical to the given answer, except for choice of variable names.

Independent invention just ruins "IP" as property.

bediger··on The Four Horsemen of the General Computing Apocalypse
Those who give up general purpose computing in exchange for convenience deserve neither.

Wait, didn't Mark Twain write that?

bediger··on The Elephant in the Room: Google Monoculture
He makes a legit point, and he even raises the "Microsoft Monoculture" issue, asking why the folks alarmed about MSFT aren't alarmed by GOOG. I think they (and we) should be alarmed.

Nevertheless, where are all the people, pundits, piemen and PR flacks that arose back when Dan Geer et al raised that monoculture issue? Whenever someone seriously raises a software monoculture as an issue, The Big Guns come out to discredit that someone, and to dismiss the issue. Where are the pundits now?

bediger··on This Photograph Is Not Free
you are willing to screw over people who genuinely do like ... Gilligan's Island ... because you don't.

Your response irritated me beyond its level of highhandedness. And I finally figured out why: I actually do like Gilligan's Island. I even bought "The Professor's" tell-all book, "Here On Gilligan's Isle". It doesn't matter if I like "Gilligan's Ilsand" or not, it's of low quality. The acting was low, the writing was low, and the production was laughable. That hasn't kept me from liking it, or regarding it as High Bulldada.

Sherwood Schwartz and CBS should be ashamed of putting out such schlock, whether I like it or not, and you should be ashamed of deciding you know what my aesthetics are.

But I'm also curious: why does a movie made by people supported by another job, or philanthropic donations, or one funded by advertising not meet the standard of "pro quality"?

bediger··on This Photograph Is Not Free
I didn't just pick out the worst bits: there's far worse, that I couldn't even remember. How many "brand new shows" from last Tee Vee season do you watch? I know how many I do: none.

Similar, popular music.

I probably wouldn't even miss Pixar movies at this point: we're getting to the point that "amateurs" can do them.

bediger··on This Photograph Is Not Free
"Pro quality" TV series? You mean like "CSI: Miami"? Or "Gilligan's Island"? Or do you mean movies like "The Smurfs" or the US version of "The Vanishing" or "Leave it To Beaver"?

Yes, I'd gladly do without all that TV and all the movies, and most or all of the books. Oh, and the popular music. Especially the music by Selena Gomez and Demi Lovato and Ashlee Simpson.

bediger··on This Photograph Is Not Free
"Deserves" to be paid? That seems a little counter-free-market. IF he produces a photo that someone wants or thinks they can use, THEN he can charge what the market will bear.

"Deserves to be paid". Humbug. That's the beginnings of an aristocracy that "deserve" to rule.

bediger··on Antitrust++
You're kidding, right? A monopoly on "web search"? What are Bing, Yahoo, Blekko, Duckduckgo and others? Chopped liver?

You have a monopoly on (or monopoly power in) a market, not in something given away for free. If Gruber had said "Monopoly power in adword advertising", maybe, but then he'd have to make his case differently.

bediger··on Pakistan blocks sites which contains word ‘Shoes’ in the URL
I think all National Firewalls of Purity should block sites which contain the word "Shoes" in the URL. How else would they protect their country's precious bodily essence?
bediger··on How the Informal Economy Could Help Save the Rest of It
This article certainly appeals to the "Yankee Ingenuity" in all of us, eh?

But one could substitute "copyright infringer" for "unlicensed peddler", and the gist of the argument remains intact. Heck, you could substitute "mild drug dealer" and the gist of the argument is still true. I live in Denver, Colorado, we've legalized "medical marijuana", and it's definitely a growth industry, same as the "unlicensed peddling" probably is.

So, if we allow "unlicensed peddlers" to succeed, and I'm actually all for it, where do we draw the line? With "unlicensed marijuana peddlers"? With "copyright infringers"? Do we just say the heck with it, and let all companies do whatever they want to their workers and their customers?

I mean, it seems fairly obvious that we need to regulate some industries (mining) which have an amazing history of abusing workers, and other industries which have an amazing and nauseating history of abusing customers. But where do we draw the line and say "This regulation is bizarre and counter-productive"?

bediger··on UK Government in Microsoft-Pressured IT Policy U-Turn
Tell me again about how "the market" chose Microsoft as the market leader?
bediger··on What should we do about [OS/2] PM vs. Windows? [1990] [pdf]
I don't think that OSF had anything special at all. At the time, it looked like HP and DEC (especially DEC) trying to keep Sun and AT&T from steamrollering everything else. Bear in mind that in the mid-to-late 90s, there were a bunch of commercial Unix variants (HP-UX, Mips, SGI, DG-UX, Convergent, Pyramid, Dynix, DEC, Mt Xinu, etc etc). Each of them was holding on by their fingernails, more or less. The OSF was self-appointed to anoint the successor to BSD that was supposed to become The Unix next, as opposed to letting AT&T and Sun figure that out. The more cynical also believed that DEC was sowing chaos to give itself more time to either conquer the world with VMS, or figure out what to follow-up VMS with.
bediger··on It Is Time To Stop Pretending To Endorse The Copyright Monopoly
Sure, there's a million ways to make better quality or more desirable goods. That's why the monopoly part of copyrights is undesirable from a consumer's standpoint. Goods of lower quality command higher prices when they're copyrighted or patented.
bediger··on Symantec's Norton AntiVirus source code exposed by hackers
That's all well and good, but will we see a "Sophail" style tell-all analysis of Norton AV? See: http://packetstormsecurity.org/files/103727/Sophail.pdf for Tavis Ormandy's revelations.
bediger··on SOPA-Supporting News Outlets Aren't Covering SOPA
Ben Bagdikian called. He wants his truth back. http://www.amazon.com/New-Media-Monopoly-Completely-Chapters...
bediger··on No Comments, No-reply: Is There A Shift Happening?
Yeah, I was wondering about "meta-sites", psychologically linked to places that don't have comments/discussions.

Maybe disassociating the comments and discussion from the original stimulus is a good idea?

bediger··on It Is Time To Stop Pretending To Endorse The Copyright Monopoly
I don't think that the "high cost == high value" assumption is true of feature films. I've read that technically, most of the high-grossing films never actually turn a profit, due to very, very strange accounting.

When profit is disassociated from revenue, a lot of padding will go on. See the USA's defence industry for another example.

bediger··on It Is Time To Stop Pretending To Endorse The Copyright Monopoly
How about in the case of "better quality mugs"? Trivial examples can often reveal important points, when examined closely. What if Disney Mugs, Inc, a solely-owned subsidiary of Giant Immoral MegaCorp, made very poor quality mugs, ones where the handles broke off? If you infringed copyright, and made unbreakable mugs, lots of parents and children would be very grateful.
bediger··on It Is Time To Stop Pretending To Endorse The Copyright Monopoly
As pointed out, more than one copyright extension has occurred. But it's more than just that: the copyrights are now automatic, and don't depend on something being labeled appropriately, as was true in the USA until 1978. That alone makes "public domain" a much less useful concept, as one is never quite sure what the status of something is upon inspection.

The term of copyright has not just gotten longer, it's gotten less determinate: author's life + some number of years. Instead of a simple date calculation, we have to go reference mortality data, too.

Those two things are a pretty massive change, making it difficult to tell if obscure works have entered the public domain or not.

bediger··on It Is Time To Stop Pretending To Endorse The Copyright Monopoly
About (5):

The grounding in the USA's federal constitution allows copyright but for a very well-defined purpose, increasing the size of the public domain. How much material went into the USA's public domain on January 1st, 2012? Answer: none. Current copyright law in the USA has slipped it's mooring, and become something other than a limited monopoly to encourage creation.

As far as implementing and enforcing copyright to suppress expressions, check out The Air Pirates (http://en.wikipedia.org/wiki/Air_Pirates). Arguably, the lawsuit is all about Disney using copyright law to suppress something that was valid free speech.

About (2):

I don't see your point at all, unless you're strictly hanging on "hyper-connectedness". The internet works by copying into caches or buffers: it's one giant technical infringement. Without stricter-than-SOPA laws (see Fritz Holling's 2002 effort: http://news.cnet.com/2100-1023-866337.html) "copyright" per se is probably un-enforceable without a radical overhaul of the current peer-to-peer internet, and all the associated electronics.

bediger··on Avoiding Facial Recognition of the Future
I've been wondering about the social consequences of being on camera, and automatically recognizable for a while.

I've come to believe that we're about to see the end of revealing clothing, at least for women. After all, which woman wants to appear on "Paul Blart's Home Alone Stimulation" videotape, just because they dress stylishly or revealingly or just have a nice rack?

I'm surprised that more stuff like the "Splash Mountain" flashing shots hasn't appeared on the internet. You'd think that mall cops would share their "Best Daisy Dukes" (or whatever) tapes, and that eventually, some would leak.

bediger··on Console productivity hack: Discover the frequent; then make it the easy
The money quote (of the analytical section):

Yet, research in human-computer interaction barely acknowledges the command line's existence. It's a strange omission, since the core principles of human factors engineering still apply to the console.

Why is this? I've also noticed a corollary, that interface testing for "experts" doesn't really use expert testing. One paper I've read (name eludes me) about text editor usability had the nominal "expert" users ignoring regular expression searching, and just scrolling about randomly for the assigned phrase.

Either truly "expert" users are so few and far between that researchers can't find them, or the researchers can't tell who qualifies as an "expert" and who doesn't.

bediger··on What is SOPA is a good thing?
I dunno, this seems like a prima facie argument where the "inherency" step got missed. Does the solution cause more problems than it fixes? If yes, then don't do that solution, live with the problem.

But I guess that in the case of SOPA, those who imagine themselves plagued by the problem aren't the ones that have to suffer the consequences of the bad solution.

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