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Is This the Birth of the Copyright Troll?
- sabat 16y agoI, for one, welcome the copyright trolls. It can only quicken the complete reform of the copyright/patent system and the partial or complete destruction of the "intellectual property" industry.
- Alex63 16y agoPlease clarify: are you saying you reject the concept of intellectual property, or just the industry that has grown up around enforcing intellectual property laws?
- steveklabnik 16y agoI can't speak for him, but I'd say the same thing he would, and answer your question with 'reject the concept of intellectual property.' AMA ;)
- sabat 16y agoI reject the concept of "intellectual property" as unconstitutional. Read the copyright clause carefully, and read the letters of Thomas Jefferson on the issue in particular. There is no provision for treating ideas or expressions as property. Limited monopoly for the original artist or inventor was all that was being granted. Otherwise: Congress shall make no law -- meaning that if I tell you a joke, you should be able to repeat that joke without me coming to claim that you owe me money and potentially jail time because you "stole" something from me.
- Alex63 16y agoAnd do you accept/support a limited monopoly for the original artist or inventor? Presuming that you do, do you believe that that monopoly right is transferable?
- sabat 16y agoAnd do you accept/support a limited monopoly for the original artist or inventor? It's right there in black and white. I don't believe the constitution is infallible, but I do think the founders got this one right -- the way they intended it, anyway. Presuming that you do, do you believe that that monopoly right is transferable? No, for two reasons: 1- it's not actually permitted and doing so automatically creates "property" which the guys who actually wrote the copyright clause were completely against, and 2- it goes against the whole purpose of the copyright clause. See, the idea is that if you get a limited monopoly, you're more likely to keep inventing and creating. But Walt Disney is dead, and still Mickey Mouse is somehow off-limits. He's not a cartoon character -- he's the "property" of a mega-corp.
- roel_v 16y agoSo basically, according to you there could be no legal security for large software firms in the software they license? Because all the employees retain their copyrights as original authors? So anytime you 'buy' (to use a colloquialism) Windows, you are effectively entering into an agreement with the 1000's of people who contributed to it over the years and if one of them decides that he no longer wishes to license his contribution to others, a replacement for that work needs to be made?
- sabat 16y agoI suppose that's a good argument for open-source-style licensing. What you're describing fits Linux perfectly, and I don't think any driver author has tried to pull that. Also: authors are perfectly free to write up licenses that allow use until the copyright term is up.
- roel_v 16y agoWrong. Recent (as in, this millennium) Linux kernel contributions require all submissions to be under an open source license. For GNU, the FSF has recommended since the beginning that the copyrights of all GNU contributions be assigned to the FSF. They have documents for download on their website and the whole shebang. "Also: authors are perfectly free to write up licenses that allow use until the copyright term is up." Well that negates the whole point of the non-transferability doesn't it. If people are allowed to license all rights they have to a third party, until the end of the term, then what's the difference with transferring the copyright outright?
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- mattmaroon 16y agoUsing The Constitution as justification for an opinion is roughly on par with using the Bible, The Koran, or Beowulf. This is a document that says that slavery is ok and a black man is worth exactly 60% of a white man (but gets 0% of his votes). My main criticism of the American educational system is that it instills the sort of hero worship that makes otherwise intelligent people use a piece of paper written by people who believed in witches and didn't even know what an atom was as the basis of an argument about intellectual property in the digital era. I expect it from Sarah Palin, not from Hacker News. On the other hand, we wouldn't get awesome satire like this without it: http://www.youtube.com/watch?v=sbRom1Rz8OA http://www.youtube.com/watch?v=sbRom1Rz8OA . NSFW.
- SoftwareMaven 16y agoFor those of us in the US, the Constitution is the basis for the law of the land. To ignore it would be ridiculous. Ad hominem attacks from somebody who such a strong admitted bias towards copyright just makes you look desperate. Many published writers have shown that they can get by without copyright. The problem is not copyright, which, in and of itself, is fine. The problem is when copyright moves from a balance between the creator and society as a whole to being only favorable for the creator. That point (which we are at, IMO) is the point the laws need to be shucked, and that will happen as a result of people ignoring the laws until government decides to make people legal again.
- mattmaroon 16y agoI wouldn't suggest ignoring it exactly. It's relevant when determining whether or not something is legal. It's just not relevant when determining whether or not something should be legal. It's a logical fallacy (called an appeal to authority). I was not making any attack against the author personally, especially since I don't know anything about him. I also don't have a strong bias towards copyright. I believe that there has been a clear progression throughout history of protection from theft (of both the tangible and intangible) being followed by innovation and wealth creation, and therefore that the idea that copyrights as a class should be abolished is naive and shortsighted, but that's not really a bias toward copyrights as they exist currently. I also believe that in any functioning copyright system, litigation will be the best (and for the most part, only) method of enforcement. And that the word "patent troll" is an ad hominem attack meant to discourage rather than encourage discussion about a complex topic typically used by people who don't even remotely understand it. You never get coherent arguments like that from people who support the abolition of all IP. All you get are appeals to authority, name calling, and the occasional "Cory Doctorow makes his books free and still makes money."
- kiba 16y agoI am imagining the copyfree or copyleft entrepreneurs laughing manically now. Less pirating mean less advertising for the pirated in questions. Make it easier for market disruption. The enemy of GIMP is after all the pirated photoshop.
- alextgordon 16y agoThat's silly. If GIMP were a better product it wouldn't need to rely on a drop in piracy. "Free" is not sufficient for success.
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- kiba 16y agoIt's still easier if you don't have to compete with pirated Photoshop.
- ebiester 16y agoAh, but if pirated photoshop weren't an option, more people would be in the user pool, and thus more potential resources for people to get those last things they need. (Well, ignoring exceptions like Pantone.)
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- te_platt 16y agoHow much of this would become a non-issue just by requiring the losing party to pay all costs? The way it stands now is really just blackmail. Sure you can spend $100,000 to defend against a frivolous claim or just $5,000 and everything goes away. I have been in that exact situation. Probably the most frustrating thing I have ever been involved in.
- sabat 16y agoI suppose you could counter-sue, but that's not very efficient.
- roel_v 16y agoSeems to me these people are all in the wrong. The way it's described in the article, these were people who reproduced whole articles on their website. Like it or not, this is contrary to current copyright law (and to add my opinion, as it should be). Even if they would've challenged the suit they would've lost. Standing up for your legal rights is not blackmail.
- gamble 16y agoThey were in the wrong, true, but a simple takedown request would have cleared that up if this was about copyright. The bone of contention is that this fellow has set up a company designed to buy up rights and pounce on violations for profit, regardless of whether the infringement was malicious and without notifying his victims that they were in the wrong. Most of the people he sued appeared simply ignorant of the law. While he may be operating within the law, a world where relatively small mistakes result in four-figure lawsuits without any opportunity for making amends isn't one most people would enjoy.
- mattmaroon 16y agoTakedown requests are for companies like YouTube where content is illegally uploaded by a user. In this instance, the site owners clearly stole the intellectual property themselves. This is plagiarism, plain and simple, and the DMCA does not (and should not) protect it. I may be biased because I'm a published author, but if it takes a guy like this to hammer plagiarists I'm all for it. If you want to use someone else's writing, ask them for their permission and get it in writing. That's been the law and custom since time immemorial.
- njharman 16y ago> "My hope," says Hinueber, "is we will raise awareness of copyright laws, ..." Preach it brother, I sincerely hope that the general public becomes aware of current copyright law. Because if they learn about the extremely egregious, one-sided laws that have been payed for by copyright holders they might do something about it.
- SoftwareMaven 16y agoThis was exactly my thought. Copyright holders might not like the results if it winds up codifying the way people currently feel about copyright law. Of course, given how apathetic people are, it probably won't happen. I'm still amazed that the RIAA was allowed to get away with nationally sanctioned extortion.
- piramida 16y agoWas the site just HN'd or article withdrawn? "Error getting pubarticle, Please call the system admin."
- Natsu 16y agoIt works for me. Try again?
- ck2 16y agousing a proprietary technology that he won't discuss Er, google with quotes around key phrases? That is the kind of guy that will end up with contempt of court jail time someday when he tries to lecture a judge. I wonder what percentage of his lawsuits were actually fair use or could have been modified to meet the requirement.
- jemfinch 16y ago"Many targets of the Righthaven lawsuits are political blogs and discussion boards, both liberal and conservative, which have posted content—nearly always entire articles—written by Review-Journal reporters." I'd be curious to see the percentage as well, but those cases clearly aren't fair use.
- redsymbol 16y agoI love the quote at the end: “It’s like setting a hungry wild pig loose in a china shop to find a piece of bacon," Randazza said. "It’ll get the bacon, but it will destroy everything else in the process.” I wonder if the reference to cannibalism is intentional :)
- greatreorx 16y agoAfter reading more about this, it sounds like they are going after sites who have not followed requirements to get safe harbor under the DMCA... specifically registering correct contact info with the US Copyright Office and clearly posting contact info on their site.
- gamble 16y agoAnyone with a background in law know how easy it would be to automate copyright infringement suits? It seems like the logical endpoint of professional IP exploitation companies like this is an entity that identifies violations, files lawsuits, and settles them with a minimum of human intervention. Software already exists to detect copyright infringement and file takedown notices; it seems like automatic lawyering is the next logical step.
- wmf 16y agoYou're doing it wrong; the purpose of mass lawsuits is to create business for lawyers.
- icey 16y agoWhat are the requirements for a legally upholdable copyright? If I write a paragraph of random words and apply a Creative Commons license to it, can I require anyone who uses that sequence of random words to adhere by the CC license going forward? Is it more involved than that?
- tbrownaw 16y agoI think you have to register a copy with the Library of Congress before you can actually sue anyone, and can't collect damages for anything that happened before you registered.
- VBprogrammer 16y agoIn the UK at-least, there is an automatic copyright entitlement granted on anything you write / create which is deemed copyright under the limits set out in law. "Copyright is an automatic right and arises whenever an individual or company creates a work. To qualify, a work should be regarded as original, and exhibit a degree of labour, skill or judgement. Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. In other words, someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so. Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be. In short, work that expresses an idea may be protected, but not the idea behind it." Licensed under the Creative Commons Attribution-Non-Commercial-No Derivative Works License. Copyright © The UK Copyright Service. Source:www.copyrightservice.co.uk
- tbrownaw 16y agoYes, everything is automatically copyrighted. But there is some sort of enforcement action that you can only take after you register, I'm not entirely certain which one (suing in general, going for statutory damages, ...). So my understanding is that it goes like 1. create something, get automatic copyright 2. someone infringes, you send a nasty letter 3. go register with the government 4. sue the infringer to make them stop or buy a license (assuming they ignored the letter) or 1. create something, get automatic copyright 2. go register with the government 3. someone infringes, you send a nasty letter 4. sue the infringer to make them stop (or buy a license) *and pay damages* (assuming they ignored the letter) where without automatic copyright it would go like 1. create something, forget to file for copyright 2. someone uses your work, you send a nasty letter 3. that someone tells you to STFU
- cschep 16y agoLike someone already said, his software that he's gloating about is probably pretty simple. Crawling the web somehow. Any chance that the reverse could be automated? Write the same type of crawler that can let people know this guy will be coming and exactly how to modify their stuff so that they'll be just inside the "safe harbor" laws? Whatever those are? Maybe just a pipe dream, but sounds like a fun way to spend a weekend, and such nerd heroics are the stuff that dreams are made of.
- taylorwc 16y ago"Only one thing is impossible for God: To find any sense in any copyright law on the planet." --Mark Twain
- mattmanser 16y ago"Only one thing is impossible for God: To find forgiveness for people who think other people's hard work and effort are their's to take" This, at least, is backed up by the 10 commandments.
- roc 16y agoThe Copyright Troll? No. It's old hat to ASCAP & BMI.
- lotusleaf1987 16y agoWhat a scumbag. Screw that asshat.
- FlemishBeeCycle 16y agoI hope someday we as a society can shift from the idea of "ownership" and "creation" to one of "contribution" and "discovery". Is anything really "invented", or rather pulled from the set of "things that can be"? I also believe part of the original intent of original US copyright law was to promote progress by rewarding discoverers' contributions. To be in a state that we are now, where we are actually stunting discovery with ridiculous IP laws, is quite sad. [Edit: Not sure the reason of the downvotes?]
- jemfinch 16y ago> Many targets of the Righthaven lawsuits are political blogs and discussion boards, both liberal and conservative, which have posted content—nearly always entire articles—written by Review-Journal reporters. What's the problem there? If people are reproducing entire articles, they're clearly operating outside of fair use, and ought to be paying licensing fees.