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Dave Douglas nails it.
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Why I Don’t Like the Law
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1 It treats Americans like dirt. In my experience supporters of the law have had two views on consumers: 1) they’re being stupid for not understanding the long term cost benefits, or 2) they have reasons to want to still use the old ones, but GHG reduction is more important. I believe US consumers are smarter than people believe, and are making rational decisions based on their own situation. As a result, I find both of these views disrespectful and outside of the founding ideals of this country.
2 Other industries will try the same thing. If you think the success of this ploy by GE and Philips hasn’t been noticed in other parts of those companies and in other industries, then you’re quaintly naive.
3 It’s setting a really bad precedent. The federal government now believes it has a new tool in its efficiency toolkit: outlawing inefficient products, irrespective of whether they are popular or there exists a true replacement in the market. Many have said “relax, its only lightbulbs”. Beyond the fact that sometimes lightbulbs matter to people (see #1 above), lets see what products the government tries to apply to tool to next.
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This is a very important article by Ted Striphas about a serious issue. Among its many points, consider this:
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Also troubling is the potential of e-readers like Kindle to render users vulnerable to new levels of government surveillance. Library loan records and bookstore sales receipts are well-established mainstays of criminal investigations. The assumption is that evidence of what a suspect has been reading may ultimately help investigators to establish a pattern of behavior leading up to a crime. In such cases, the police only have to acquire a subpoena to access the information they need. But if the same investigators wanted to sift through a suspect’s own library of printed books for evidence of how she or he had been reading, that would be a different matter. A 4th Amendment “probable cause” standard would apply, meaning that investigators would have to go through the motions of obtaining a search warrant from a neutral magistrate. The standard increases because of the heightened privacy expectation that surrounds our reading activities.
Tethered appliances like Kindle run afoul of this heightened privacy expectation. Amazon, for its part, possesses detailed records of not only what but also how Kindle users read. And because the data is transmitted electronically and then archived in the company’s computer cloud, US law doesn’t consider it to be private information. It belongs instead to an exceptional category, something called “stored communications.” These types of exchanges exceed the scope of the 4th Amendment, because they’re shared with and maintained by a third party. The upshot is that the reading activities of Kindle owners suspected of crimes aren’t subject to the usual probable cause/warrant standard but instead to the more relaxed requirements of obtaining a subpoena. And as is typical of tethered appliances, Kindle has been engineered so that users have practically no choice but to allow their civil liberties to be undermined in this way.
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About author/ article:
Ted S
Larry Lessig nails it in this brilliant review of Aaron Sorkin's film, The Social Network. Read the whole article, especially the 2nd part where Lessig (a lawyer/ professor of law) spells out how the legal establishment is completely missing the point.
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Zuckerberg faced no such barrier [of entry into a market, as the makers of Nantucket Nectars did]. For less than $1,000, he could get his idea onto the Internet. He needed no permission from the network provider. He needed no clearance from Harvard to offer it to Harvard students. Neither with Yale, or Princeton, or Stanford. Nor with every other community he invited in. Because the platform of the Internet is open and free, or in the language of the day, because it is a “neutral network,” a billion Mark Zuckerbergs have the opportunity to invent for the platform. And though there are crucial partners who are essential to bring the product to market, the cost of proving viability on this platform has dropped dramatically. You don’t even have to possess Zuckerberg’s technical genius to develop your own idea for the Internet today. Websites across the developing world deliver high quality coding to complement the very best ideas from anywhere. This is a platform that has made democratic innovation possible—and it was on the Facebook platform resting on that Internet platform that another Facebook co-founder, Chris Hughes, organized the most important digital movement for Obama, and that the film’s petty villain, Sean Parker, organized Causes, one of the most important tools to support nonprofit social missions.
The tragedy—small in the scale of things, no doubt—of this film is that practically everyone watching it will miss this point. Practically everyone walking out will think they understand genius on the Internet. But almost none will have seen the real genius here. And that is tragedy because just at the moment when we celebrate the product of these two wonders—Zuckerberg and the Internet—working together, policymakers are conspiring ferociously with old
A fascinating A-Z compendium of new developments in Canadian technology law, by Michael Geist. Examples: "J is for the Jewish New Year cards Prime Minister Stephen Harper sent to thousands of Canadians. The cards raised uncomfortable privacy questions about the collection and use of personal information by Canada’s political parties." Or: "Q is for QuebecTorrent, the Quebec-based “torrent tracker” that was sued by a group of cultural groups on the grounds that the site facilitates copyright infringement." And: "S is for shaping, the controversial ISP practice that limits the bandwidth allocated to certain applications. The growing use of traffic shaping by Canadian ISPs led to mounting calls for net neutrality legislation."
Excellent points by Cory Doctorow on how "folk" copyright usage get eroded (sodded, more like) by corporate copyright law, and why that doesn't make sense: it's "a genuinely radical idea: [that] individuals should hire lawyers to negotiate their personal use of cultural material, or at least refrain from sharing their cultural activities with others (except it's not's really culture if you're not sharing it, is it?). It's also a dumb idea. People aren't going to hire lawyers to bless the singalong or Timmy's comic book. They're also not going to stop doing culture."
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Add Sticky NoteIn theory, there's just one set of copyright rules and they apply to everyone, from Sony Pictures to your neighbour's eight-year-old who wants to photocopy his Spider-Man comics and sell them to the other kids.
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Yule Heibel on 2008-01-29- key phrase: "in theory" (how true)
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Now you have billionaire media empires behaving as though parents should get a licence for a Prince song before they upload a YouTube video of their adorable toddler dancing to it.
They are also acting as though fan fiction writers should be applying for a licence too - along with karaoke singers, would-be painters and, yes, the OAP picnickers who've uploaded the shakycam video of last weekend's knees-up in the church basement.
This is a genuinely radical idea: individuals should hire lawyers to negotiate their personal use of cultural material, or at least refrain from sharing their cultural activities with others (except it's not's really culture if you're not sharing it, is it?).
It's also a dumb idea. People aren't going to hire lawyers to bless the singalong or Timmy's comic book. They're also not going to stop doing culture.
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