Kind Of Blue: Using Copyright To Make Hobby Artist Pay Up

Found on Techdirt on Thursday, 23 June 2011
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One of the really fun projects that Andy did was to record an album called Kind of Bloop -- an 8-bit tribute to the classic Miles Davis album, Kind of Blue.

For the cover, the obvious choice was to do an 8-bit rendering of the original Davis cover, and he, Andy, got a friend to put it together.

Andy had a very strong argument to explain how what he did was legal... and still agreed to pay $32,500 for a fun little side project he was making no money on. He was chilled into paying up, because the fight is just too expensive.

When someone hasn't done anything illegal and still is forced to pay a settlement because he cannot affort going tocourt, then there is something fundamentally wrong with the legal system and it needs to be corrected.

Police Illegally Trespass and Arrest Woman in Her Front Lawn

Found on Indymedia on Wednesday, 22 June 2011
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While the police were searching and detaining the driver of the car one of the officers noticed that my friend was recording the whole incident.

Then the officer ordered us both inside the house. The woman calmly noted that she had the right to be on her own property and the right to observe the police activity unobstructed. The officer commented that he thought she was "anti-police" and approached the woman stating "are you seriously not going to obey my order?"

As we approached the porch, the officer said, "I'm just going to arrest you" and came onto the property to arrest the woman. She was put into a police car and taken away at about 9:55pm.

It must feel good to abuse your power and harass the commoners. There should be a three strikes law for cops: those who are for obvious reasons unfit to do the job correctly get fired. This case would be the perfect first strike because of overreacting, ignoring laws, threatening and arresting someone without a cause.

Witnesses said they were forced to hide video after shooting

Found on The Miami Herald on Saturday, 04 June 2011
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On Thursday, The Miami Herald spoke to the couple that saw the end of the 4 a.m. police chase on Collins Avenue, then watched and filmed from just a few feet away as a dozen officers fired their guns repeatedly into Raymond Herisse's blue Hyundai.

Shortly after the gunfire ends, an officer points at Benoit and police can be heard yelling for him to turn off the camera.

He raises his camera and an officer is seen appearing on the driver's side with his gun drawn, pointed at them.

"They put guns to our heads and threw us on the ground," Davis said.

Benoit said a Miami Beach officer grabbed his cell phone, said "You want to be [expletive] Paparazzi?" and stomped on his phone before placing him in handcuffs and shoving the crunched phone in Benoit's back pocket.

Benoit said the officers eventually uncuffed him after gunshots rang out elsewhere and he discreetly removed the SIM card and placed it in his mouth.

It's embarrassing for a nation like the US that police officers go that far. Now I agree that there is a lot of adrenaline involved, especially after a bunch of cops emptied their magazines into a suspect, but that is no excuse for lashing out at bystanders. Cases like this only create the image of a fascist police state where officers are considered a violent threat by the citizens. Acting at least a little civilized isn't an impossible request. We're not in the wild west anymore.

Measure makes sharing online services a crime

Found on Knoxnews on Wednesday, 01 June 2011
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State lawmakers have passed a groundbreaking measure that would make it a crime to use a friend's login - even with permission - to listen to songs or watch movies from services such as Netflix or Rhapsody.

Stealing $500 or less of entertainment would be a misdemeanor punishable by up to a year in jail and a fine of $2,500. Theft with a higher price tag would be a felony, with heavier penalties.

The music industry has seen its domestic revenue plunge by more than half in 10 years, from $15 billion to $7 billion, he said.

Perhaps the industry should ask why their revenue goes down, instead of simply blaming filesharing and sueing their customers. I will never hand over a single cent to support their current business model; besides, the curent music and movies are so bad that they are not even worth sharing.

Journalist's Twitter posts spark prosecution call

Found on BBC News on Saturday, 21 May 2011
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The unnamed writer allegedly named a footballer, who is accused of having an affair, known in court papers as TSE.

The alleged breach comes amid heightened scrutiny of gagging orders such as injunctions and so-called super-injunctions - court orders that prevent the media from revealing even the fact that an injunction has been granted.

The committee's report said super-injunctions were now being granted for "short periods" and only where "secrecy is necessary".

However, he warned that modern technology was "totally out of control" and society should consider other ways to bring Twitter and other websites under control.

So some footballer cheats on his wife and gets the right for a super-injunctions because he needs secrecy. Somehow I thought those injunctions are reserved for serious matter, and not for some random adulterer. Unlike that judge, I'd say that the legal system is out of control (I'm not going to mention patent trolls and the entertainment industry) if it seriously considers gagging a public medium. Something that won't really work anyway, see China.

This Is The Police: Put Down Your Camera

Found on NPR on Monday, 16 May 2011
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Last year, Fitchette, who was 16 at the time, was riding a city bus in Newark, N.J., when two police officers got on to deal with a man who seemed to be drunk. Fitchette decided this would be a good moment to take out her phone and start recording.

The police erased the video from Fitchette's phone. She was handcuffed and spent the next two hours in the back of a squad car before she was released. No charges were filed.

"They need to move quickly, in split seconds, without giving a lot of thought to what the adverse consequences for them might be," says Jim Pasco, executive director of the Fraternal Order of Police.

There's nothing to think through. As long as the officer acts within his legal limits, there won't be many consequences. Of course, if you make use of excessive force, taser people without reason and show no respect for bystanders, then videos are indeed a problem. For the officer, that is. Quis custodiet ipsos custodes?

FBI: If We Told You, You Might Sue

Found on ACLU on Wednesday, 11 May 2011
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In 2008, a few years after the Bush administration's warrantless-wiretapping program was revealed for the first time by the New York Times, Congress passed the FISA Amendments Act. That act authorizes the government to engage in dragnet surveillance of Americans' international communications without meaningful oversight.

The government doesn't want you to know whether your internet or phone company is cooperating with its dragnet surveillance program because you might get upset and file lawsuits asserting your constitutional rights.

Now isn't that obvious? Of course you'd be angry when you find out that your telco rats you out to the feds for no serious reason. This makes it even more important that the information gets released.

Grooveshark Fires Back at Google, Apple, RIAA

Found on Wired on Monday, 18 April 2011
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Google removed Grooveshark's app from its open market last week, upon a complaint from the RIAA that the app violated the app store's Terms of Service.

For Android users who don't want to rely on the vagaries of a supposedly open app store, you can download the app directly from Grooveshark's mobile page. Unless, of course, you are using an Android device from AT&T, which locks down its supposedly open-source device so heavily that you can't install apps not from the Android market.

That's one way to harm your competitors: banning them from your devices.

US police increasingly peeping at e-mail, instant messages

Found on TechWorld on Tuesday, 12 April 2011
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"Unfortunately, there are no reporting requirements for the modern surveillance methods that make up the majority of law enforcement requests to service providers and telephone companies," Soghoian wrote.

Citing a New York Times story from 2006, Soghoian wrote that AOL was receiving 1,000 requests per month.

In 2009, Facebook told the news magazine Newsweek that it received 10 to 20 requests from police per day. Sprint received so many requests from law enforcement for mobile-phone location information that it overwhelmed its 110-person electronic surveillance team.

The more surveillance you enable, and the easier you make it, the more it will be abused. That should be pretty obvious. That's how a police state starts.

Sony Settles PlayStation Hacking Lawsuit

Found on Wired on Sunday, 10 April 2011
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Sony dropped its jailbreaking lawsuit against PlayStation 3 hacker George Hotz on Monday in exchange for promises the New Jersey hacker would never again tinker with the game console or any Sony product, records show.

Riley Russell, Sony's general counsel, said in a statement that the console maker brought the litigation "to protect our intellectual property and our consumers."

Videogame consoles are still covered by the DMCA. Modding them can be either a civil or criminal offense.

There you go: you buy a product, but you don't own it. Also, Sony doesn't care at all about their consumers. They have launched lawsuits against them and installed rootkits on their computers. With a business strategy like this, it's better not to do any business with Sony.