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	<title>Comments on: The Law Is an Ass</title>
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	<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/</link>
	<description>Keeping politicians&#039; hands off the Net &#38; everything else related to technology</description>
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	<item>
		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46509</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Tue, 08 May 2007 03:18:48 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46509</guid>
		<description>&lt;p&gt;Jim:&lt;br&gt;&lt;br&gt;I&#039;ll repeat myself here, since this I&#039;ve heard this put-down repeated over and over. This is not about the right to play DVDs.  This is about the right of citizens to control their own computers.&lt;br&gt;&lt;br&gt;I&#039;m not laughing.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim:<br /><br />I&#8217;ll repeat myself here, since this I&#8217;ve heard this put-down repeated over and over. This is not about the right to play DVDs.  This is about the right of citizens to control their own computers.<br /><br />I&#8217;m not laughing.</p>]]></content:encoded>
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	<item>
		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38161</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Tue, 08 May 2007 02:18:48 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38161</guid>
		<description>&lt;p&gt;Jim:&lt;/p&gt;

&lt;p&gt;I&#039;ll repeat myself here, since this I&#039;ve heard this put-down repeated over and over. This is not about the right to play DVDs.  This is about the right of citizens to control their own computers.&lt;/p&gt;

&lt;p&gt;I&#039;m not laughing.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim:</p>

<p>I&#8217;ll repeat myself here, since this I&#8217;ve heard this put-down repeated over and over. This is not about the right to play DVDs.  This is about the right of citizens to control their own computers.</p>

<p>I&#8217;m not laughing.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Jim S</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46508</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Mon, 07 May 2007 23:58:10 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46508</guid>
		<description>&lt;p&gt;Nice sentiment Doug.  I&#039;m sure you&#039;ll bring a lot of people around to your point of view.  Why so angry though?  I mean when the farmers rallied to Mao (is that him on the banner of this site by the way?), or the world&#039;s laborers and intellectuals to the International Brigades in Spain, it was for deeply held beliefs that held life or death consequences for people.  You&#039;re this pissed off because you can&#039;t play a DVD on a Linux machine or, God forbid, because you can&#039;t play an iTunes download from a Zune?  Seriously, we&#039;re talking about the right to Beyonce and Predator vs. Alien here.  Play the Horst Wessel song on that Zune and get to marching!  Left right left, left right left...&lt;br&gt;&lt;br&gt;I can&#039;t stop laughing as I type this.  I hope you manage to see the humor in it.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Nice sentiment Doug.  I&#8217;m sure you&#8217;ll bring a lot of people around to your point of view.  Why so angry though?  I mean when the farmers rallied to Mao (is that him on the banner of this site by the way?), or the world&#8217;s laborers and intellectuals to the International Brigades in Spain, it was for deeply held beliefs that held life or death consequences for people.  You&#8217;re this pissed off because you can&#8217;t play a DVD on a Linux machine or, God forbid, because you can&#8217;t play an iTunes download from a Zune?  Seriously, we&#8217;re talking about the right to Beyonce and Predator vs. Alien here.  Play the Horst Wessel song on that Zune and get to marching!  Left right left, left right left&#8230;<br /><br />I can&#8217;t stop laughing as I type this.  I hope you manage to see the humor in it.</p>]]></content:encoded>
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		<title>By: Jim S</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38160</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Mon, 07 May 2007 22:58:10 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38160</guid>
		<description>&lt;p&gt;Nice sentiment Doug.  I&#039;m sure you&#039;ll bring a lot of people around to your point of view.  Why so angry though?  I mean when the farmers rallied to Mao (is that him on the banner of this site by the way?), or the world&#039;s laborers and intellectuals to the International Brigades in Spain, it was for deeply held beliefs that held life or death consequences for people.  You&#039;re this pissed off because you can&#039;t play a DVD on a Linux machine or, God forbid, because you can&#039;t play an iTunes download from a Zune?  Seriously, we&#039;re talking about the right to Beyonce and Predator vs. Alien here.  Play the Horst Wessel song on that Zune and get to marching!  Left right left, left right left...&lt;/p&gt;

&lt;p&gt;I can&#039;t stop laughing as I type this.  I hope you manage to see the humor in it.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Nice sentiment Doug.  I&#8217;m sure you&#8217;ll bring a lot of people around to your point of view.  Why so angry though?  I mean when the farmers rallied to Mao (is that him on the banner of this site by the way?), or the world&#8217;s laborers and intellectuals to the International Brigades in Spain, it was for deeply held beliefs that held life or death consequences for people.  You&#8217;re this pissed off because you can&#8217;t play a DVD on a Linux machine or, God forbid, because you can&#8217;t play an iTunes download from a Zune?  Seriously, we&#8217;re talking about the right to Beyonce and Predator vs. Alien here.  Play the Horst Wessel song on that Zune and get to marching!  Left right left, left right left&#8230;</p>

<p>I can&#8217;t stop laughing as I type this.  I hope you manage to see the humor in it.</p>]]></content:encoded>
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		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46507</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Mon, 07 May 2007 21:42:45 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46507</guid>
		<description>&lt;p&gt;Noel:&lt;br&gt;&lt;br&gt;DRM isn&#039;t salvaging anyone&#039;s money or livelihood.  Ask the recording industry.&lt;br&gt;&lt;br&gt;Also, we&#039;re not calling for freedom to tinker. we&#039;re exercising it.  Try and stop us.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Noel:<br /><br />DRM isn&#8217;t salvaging anyone&#8217;s money or livelihood.  Ask the recording industry.<br /><br />Also, we&#8217;re not calling for freedom to tinker. we&#8217;re exercising it.  Try and stop us.</p>]]></content:encoded>
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		<title>By: Noel</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46506</link>
		<dc:creator>Noel</dc:creator>
		<pubDate>Mon, 07 May 2007 21:11:36 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46506</guid>
		<description>&lt;p&gt;&lt;strong&gt;&lt;em&gt;why is the burden of proof on DRM critics to come up with a system that works where DRM doesn&#039;t?&lt;/em&gt;&lt;/strong&gt;&lt;br&gt;&lt;br&gt;Because its not your money and livelihood you&#039;re risking with these calls for freedom to tinker.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p><strong><em>why is the burden of proof on DRM critics to come up with a system that works where DRM doesn&#8217;t?</em></strong><br /><br />Because its not your money and livelihood you&#8217;re risking with these calls for freedom to tinker.</p>]]></content:encoded>
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		<title>By: Jim S</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46505</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Mon, 07 May 2007 21:01:58 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46505</guid>
		<description>&lt;p&gt;Cuz my Dad always said &quot;If you aren&#039;t part of the solution you&#039;re just whining.&quot;  :)&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Cuz my Dad always said &#8220;If you aren&#8217;t part of the solution you&#8217;re just whining.&#8221;  <img src='http://techliberation.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>]]></content:encoded>
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		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38159</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Mon, 07 May 2007 20:42:45 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38159</guid>
		<description>&lt;p&gt;Noel:&lt;/p&gt;

&lt;p&gt;DRM isn&#039;t salvaging anyone&#039;s money or livelihood.  Ask the recording industry.&lt;/p&gt;

&lt;p&gt;Also, we&#039;re not calling for freedom to tinker. we&#039;re exercising it.  Try and stop us.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Noel:</p>

<p>DRM isn&#8217;t salvaging anyone&#8217;s money or livelihood.  Ask the recording industry.</p>

<p>Also, we&#8217;re not calling for freedom to tinker. we&#8217;re exercising it.  Try and stop us.</p>]]></content:encoded>
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		<title>By: Noel</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38158</link>
		<dc:creator>Noel</dc:creator>
		<pubDate>Mon, 07 May 2007 20:11:36 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38158</guid>
		<description>&lt;p&gt;&lt;strong&gt;&lt;em&gt;why is the burden of proof on DRM critics to come up with a system that works where DRM doesn&#039;t?&lt;/em&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;Because its not your money and livelihood you&#039;re risking with these calls for freedom to tinker.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p><strong><em>why is the burden of proof on DRM critics to come up with a system that works where DRM doesn&#8217;t?</em></strong></p>

<p>Because its not your money and livelihood you&#8217;re risking with these calls for freedom to tinker.</p>]]></content:encoded>
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		<title>By: Jim S</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38157</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Mon, 07 May 2007 20:01:58 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38157</guid>
		<description>&lt;p&gt;Cuz my Dad always said &quot;If you aren&#039;t part of the solution you&#039;re just whining.&quot;  :)&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Cuz my Dad always said &#8220;If you aren&#8217;t part of the solution you&#8217;re just whining.&#8221;  <img src='http://techliberation.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>]]></content:encoded>
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		<title>By: Tim Lee</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46504</link>
		<dc:creator>Tim Lee</dc:creator>
		<pubDate>Mon, 07 May 2007 19:40:58 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46504</guid>
		<description>&lt;p&gt;Jim, DRM itself doesn&#039;t &quot;allow the people who create or invest in content to be reasonably confident that they can build a business model around it.&quot; So why is the burden of proof on DRM critics to come up with a system that works where DRM doesn&#039;t?&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim, DRM itself doesn&#8217;t &#8220;allow the people who create or invest in content to be reasonably confident that they can build a business model around it.&#8221; So why is the burden of proof on DRM critics to come up with a system that works where DRM doesn&#8217;t?</p>]]></content:encoded>
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		<title>By: Jim S</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46503</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Mon, 07 May 2007 19:28:46 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46503</guid>
		<description>&lt;p&gt;Doug, I basically agree with your statement but I am not &quot;intentionally obfuscating&quot; in drawing a linkage between DRM and stealing content.  They are linked because one follows from the other.  If content owners weren&#039;t worried about people stealing their content they wouldn&#039;t bother with the DRM stuff in the first place.  And lots and lots of people are stealing their content and wrapping it some kind of Boston Tea Party rhetoric so they can rationalize it.  The DRM is over reaching and bad for business but it is linked to the theft, to argue otherwise is specious.&lt;br&gt;&lt;br&gt;Tim, we are in agreement on your last post.  Stealing content is wrong but not being able to play my iTunes songs on a different device is irritating.  However, I knew that to be the case when I bought it - which is exactly why I still buy and rip CD&#039;s.  I buy fewer songs from iTunes because the value isn&#039;t there considering the limitations.  Don&#039;t you think that ultimately the market will correct the situation by punishing the players that treat their customers as the least important players in the equation?  I guess I can summarize my pov on this by saying it just stupid and inflexible to make your product&#039;s user experience suck, but it isn&#039;t immoral or illegal to do it, and the market is the best mechanism to correct it.&lt;br&gt;&lt;br&gt;This problem isn&#039;t going to go away until someone can provide a reasonable alternative to intrusive DRM that allows the people who create or invest in content to be reasonably confident that they can build a business model around it.  That is the one thing that is conspicuously missing in this discussion.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Doug, I basically agree with your statement but I am not &#8220;intentionally obfuscating&#8221; in drawing a linkage between DRM and stealing content.  They are linked because one follows from the other.  If content owners weren&#8217;t worried about people stealing their content they wouldn&#8217;t bother with the DRM stuff in the first place.  And lots and lots of people are stealing their content and wrapping it some kind of Boston Tea Party rhetoric so they can rationalize it.  The DRM is over reaching and bad for business but it is linked to the theft, to argue otherwise is specious.<br /><br />Tim, we are in agreement on your last post.  Stealing content is wrong but not being able to play my iTunes songs on a different device is irritating.  However, I knew that to be the case when I bought it &#8211; which is exactly why I still buy and rip CD&#8217;s.  I buy fewer songs from iTunes because the value isn&#8217;t there considering the limitations.  Don&#8217;t you think that ultimately the market will correct the situation by punishing the players that treat their customers as the least important players in the equation?  I guess I can summarize my pov on this by saying it just stupid and inflexible to make your product&#8217;s user experience suck, but it isn&#8217;t immoral or illegal to do it, and the market is the best mechanism to correct it.<br /><br />This problem isn&#8217;t going to go away until someone can provide a reasonable alternative to intrusive DRM that allows the people who create or invest in content to be reasonably confident that they can build a business model around it.  That is the one thing that is conspicuously missing in this discussion.</p>]]></content:encoded>
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		<title>By: Tim Lee</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38156</link>
		<dc:creator>Tim Lee</dc:creator>
		<pubDate>Mon, 07 May 2007 18:40:58 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38156</guid>
		<description>&lt;p&gt;Jim, DRM itself doesn&#039;t &quot;allow the people who create or invest in content to be reasonably confident that they can build a business model around it.&quot; So why is the burden of proof on DRM critics to come up with a system that works where DRM doesn&#039;t?&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim, DRM itself doesn&#8217;t &#8220;allow the people who create or invest in content to be reasonably confident that they can build a business model around it.&#8221; So why is the burden of proof on DRM critics to come up with a system that works where DRM doesn&#8217;t?</p>]]></content:encoded>
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		<title>By: Jim S</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38155</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Mon, 07 May 2007 18:28:46 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38155</guid>
		<description>&lt;p&gt;Doug, I basically agree with your statement but I am not &quot;intentionally obfuscating&quot; in drawing a linkage between DRM and stealing content.  They are linked because one follows from the other.  If content owners weren&#039;t worried about people stealing their content they wouldn&#039;t bother with the DRM stuff in the first place.  And lots and lots of people are stealing their content and wrapping it some kind of Boston Tea Party rhetoric so they can rationalize it.  The DRM is over reaching and bad for business but it is linked to the theft, to argue otherwise is specious.&lt;/p&gt;

&lt;p&gt;Tim, we are in agreement on your last post.  Stealing content is wrong but not being able to play my iTunes songs on a different device is irritating.  However, I knew that to be the case when I bought it - which is exactly why I still buy and rip CD&#039;s.  I buy fewer songs from iTunes because the value isn&#039;t there considering the limitations.  Don&#039;t you think that ultimately the market will correct the situation by punishing the players that treat their customers as the least important players in the equation?  I guess I can summarize my pov on this by saying it just stupid and inflexible to make your product&#039;s user experience suck, but it isn&#039;t immoral or illegal to do it, and the market is the best mechanism to correct it.&lt;/p&gt;

&lt;p&gt;This problem isn&#039;t going to go away until someone can provide a reasonable alternative to intrusive DRM that allows the people who create or invest in content to be reasonably confident that they can build a business model around it.  That is the one thing that is conspicuously missing in this discussion.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Doug, I basically agree with your statement but I am not &#8220;intentionally obfuscating&#8221; in drawing a linkage between DRM and stealing content.  They are linked because one follows from the other.  If content owners weren&#8217;t worried about people stealing their content they wouldn&#8217;t bother with the DRM stuff in the first place.  And lots and lots of people are stealing their content and wrapping it some kind of Boston Tea Party rhetoric so they can rationalize it.  The DRM is over reaching and bad for business but it is linked to the theft, to argue otherwise is specious.</p>

<p>Tim, we are in agreement on your last post.  Stealing content is wrong but not being able to play my iTunes songs on a different device is irritating.  However, I knew that to be the case when I bought it &#8211; which is exactly why I still buy and rip CD&#8217;s.  I buy fewer songs from iTunes because the value isn&#8217;t there considering the limitations.  Don&#8217;t you think that ultimately the market will correct the situation by punishing the players that treat their customers as the least important players in the equation?  I guess I can summarize my pov on this by saying it just stupid and inflexible to make your product&#8217;s user experience suck, but it isn&#8217;t immoral or illegal to do it, and the market is the best mechanism to correct it.</p>

<p>This problem isn&#8217;t going to go away until someone can provide a reasonable alternative to intrusive DRM that allows the people who create or invest in content to be reasonably confident that they can build a business model around it.  That is the one thing that is conspicuously missing in this discussion.</p>]]></content:encoded>
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		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46502</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Mon, 07 May 2007 17:20:24 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46502</guid>
		<description>&lt;p&gt;I think the core problem, if people are straightforward enough to admit it, is that the Internet and copyright just plain don&#039;t play well together. This &quot;global village&quot; may just not be big enough for the two of &#039;em.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>I think the core problem, if people are straightforward enough to admit it, is that the Internet and copyright just plain don&#8217;t play well together. This &#8220;global village&#8221; may just not be big enough for the two of &#8216;em.</p>]]></content:encoded>
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		<title>By: Tim Lee</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46501</link>
		<dc:creator>Tim Lee</dc:creator>
		<pubDate>Mon, 07 May 2007 17:00:55 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46501</guid>
		<description>&lt;p&gt;Mark, keep in mind that the letters Digg received were &lt;i&gt;not&lt;/i&gt; notice-and-takedown letters under the DMCA&#039;s &quot;safe harbor&quot; rules. Instead, they were cease-and-desist letters under the DMCA&#039;s anti-circumvention provisions, which don&#039;t have a safe harbor clause. So it&#039;s not at all obvious that they would have escaped liability even if they had promptly taken individual stories down. Most likely, they would have had to completely shut down and re-design the site so that stories could no longer be posted without previous approval by Digg&#039;s staff.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Mark, keep in mind that the letters Digg received were <i>not</i> notice-and-takedown letters under the DMCA&#8217;s &#8220;safe harbor&#8221; rules. Instead, they were cease-and-desist letters under the DMCA&#8217;s anti-circumvention provisions, which don&#8217;t have a safe harbor clause. So it&#8217;s not at all obvious that they would have escaped liability even if they had promptly taken individual stories down. Most likely, they would have had to completely shut down and re-design the site so that stories could no longer be posted without previous approval by Digg&#8217;s staff.</p>]]></content:encoded>
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		<title>By: Mark Blafkin</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46500</link>
		<dc:creator>Mark Blafkin</dc:creator>
		<pubDate>Mon, 07 May 2007 16:48:22 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46500</guid>
		<description>&lt;blockquote&gt;My question is: if your interpretation is correct, doesn&#039;t it bother you that the DMCA—by your own admission—effectively makes Web 2.0-stye businesses illegal? It&#039;s not like Digg&#039;s users are violating laws left and right. I don&#039;t remember seeing pirated content, child pornography, or random peoples&#039; credit card numbers on Digg&#039;s front page. So if Digg is making a good-faith effort to comply with the law, and they aren&#039;t profiting from piracy, shouldn&#039;t that be sufficient to shield it from liability?&lt;/blockquote&gt;

&lt;p&gt;&lt;br&gt;&lt;/p&gt;

&lt;p&gt;Tim, I do not believe the DMCA makes those businesses illegal at all.  If Digg was making a good-faith effort to comply with the law, then they should be shielded from liability.  That is what they were trying to do (and I think would have been protected based on their actions).  However, the DMCA-activist wing of their user base threatened to leave if they didn&#039;t stop their &quot;good-faith&quot; efforts.  &lt;/p&gt;

&lt;p&gt;The interesting aspect of this story is just how fragile Web2.0 businesses really are.  When a company&#039;s value is based entirely on its userbase (not on its product), they have to do anything they can to protect that asset.  Given that Gen X and Gen Y audiences are not slavishly married to brands for life (despite their love of brands) and Web2.0 companies rarely have radically different feature sets from their competitors, they will have to follow every whim of their users.  Even if it means effectively breaking the law and opening themselves up to business-ending lawsuits.&lt;br&gt;&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<blockquote>My question is: if your interpretation is correct, doesn&#8217;t it bother you that the DMCA—by your own admission—effectively makes Web 2.0-stye businesses illegal? It&#8217;s not like Digg&#8217;s users are violating laws left and right. I don&#8217;t remember seeing pirated content, child pornography, or random peoples&#8217; credit card numbers on Digg&#8217;s front page. So if Digg is making a good-faith effort to comply with the law, and they aren&#8217;t profiting from piracy, shouldn&#8217;t that be sufficient to shield it from liability?</blockquote>

<p><br /></p>

<p>Tim, I do not believe the DMCA makes those businesses illegal at all.  If Digg was making a good-faith effort to comply with the law, then they should be shielded from liability.  That is what they were trying to do (and I think would have been protected based on their actions).  However, the DMCA-activist wing of their user base threatened to leave if they didn&#8217;t stop their &#8220;good-faith&#8221; efforts.  </p>

<p>The interesting aspect of this story is just how fragile Web2.0 businesses really are.  When a company&#8217;s value is based entirely on its userbase (not on its product), they have to do anything they can to protect that asset.  Given that Gen X and Gen Y audiences are not slavishly married to brands for life (despite their love of brands) and Web2.0 companies rarely have radically different feature sets from their competitors, they will have to follow every whim of their users.  Even if it means effectively breaking the law and opening themselves up to business-ending lawsuits.<br /></p>]]></content:encoded>
	</item>
	<item>
		<title>By: Tim Lee</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46499</link>
		<dc:creator>Tim Lee</dc:creator>
		<pubDate>Mon, 07 May 2007 16:45:08 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46499</guid>
		<description>&lt;p&gt;Jim, as Doug says, the key distinction here is between stealing content and circumventing DRM. I&#039;m against downloading copyrighted content without paying for it. But I&#039;m not against fast-forwarding through commercials on DVDs, or playing region 1 DVDs in a region 2 country,  or playing iTunes songs on a Zune player. Yet the DMCA makes no distinction between these things. Circumventing is illegal, no matter what your purpose in circumventing might be. I don&#039;t think that&#039;s right.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim, as Doug says, the key distinction here is between stealing content and circumventing DRM. I&#8217;m against downloading copyrighted content without paying for it. But I&#8217;m not against fast-forwarding through commercials on DVDs, or playing region 1 DVDs in a region 2 country,  or playing iTunes songs on a Zune player. Yet the DMCA makes no distinction between these things. Circumventing is illegal, no matter what your purpose in circumventing might be. I don&#8217;t think that&#8217;s right.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46498</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Mon, 07 May 2007 16:32:08 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46498</guid>
		<description>&lt;p&gt;Jim:&lt;br&gt;&lt;br&gt;Violating the DMCA anti-circumvention provision is not the same thing as taking content without permission.  There are legitimate reasons to circumvent copy protection.  Please don&#039;t confuse (or deliberately obfuscate) the distinction between the two by whining about stealing.  DRM doesn&#039;t prevent stealing, and it curbs legitimate uses.&lt;br&gt;&lt;br&gt;I think most folks here are smart enough to see that companies like Google and Apple have their own agendas. They&#039;re still a lot better, from a geek-libertarian perspective, than the content dinosaurs.  Google and Apple benefit from the free flow of information.  Content dinosaurs benefit when the flow of information is restricted.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim:<br /><br />Violating the DMCA anti-circumvention provision is not the same thing as taking content without permission.  There are legitimate reasons to circumvent copy protection.  Please don&#8217;t confuse (or deliberately obfuscate) the distinction between the two by whining about stealing.  DRM doesn&#8217;t prevent stealing, and it curbs legitimate uses.<br /><br />I think most folks here are smart enough to see that companies like Google and Apple have their own agendas. They&#8217;re still a lot better, from a geek-libertarian perspective, than the content dinosaurs.  Google and Apple benefit from the free flow of information.  Content dinosaurs benefit when the flow of information is restricted.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38154</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Mon, 07 May 2007 16:20:24 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38154</guid>
		<description>&lt;p&gt;I think the core problem, if people are straightforward enough to admit it, is that the Internet and copyright just plain don&#039;t play well together. This &quot;global village&quot; may just not be big enough for the two of &#039;em.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>I think the core problem, if people are straightforward enough to admit it, is that the Internet and copyright just plain don&#8217;t play well together. This &#8220;global village&#8221; may just not be big enough for the two of &#8216;em.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Tim Lee</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38153</link>
		<dc:creator>Tim Lee</dc:creator>
		<pubDate>Mon, 07 May 2007 16:00:55 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38153</guid>
		<description>&lt;p&gt;Mark, keep in mind that the letters Digg received were &lt;i&gt;not&lt;/i&gt; notice-and-takedown letters under the DMCA&#039;s &quot;safe harbor&quot; rules. Instead, they were cease-and-desist letters under the DMCA&#039;s anti-circumvention provisions, which don&#039;t have a safe harbor clause. So it&#039;s not at all obvious that they would have escaped liability even if they had promptly taken individual stories down. Most likely, they would have had to completely shut down and re-design the site so that stories could no longer be posted without previous approval by Digg&#039;s staff.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Mark, keep in mind that the letters Digg received were <i>not</i> notice-and-takedown letters under the DMCA&#8217;s &#8220;safe harbor&#8221; rules. Instead, they were cease-and-desist letters under the DMCA&#8217;s anti-circumvention provisions, which don&#8217;t have a safe harbor clause. So it&#8217;s not at all obvious that they would have escaped liability even if they had promptly taken individual stories down. Most likely, they would have had to completely shut down and re-design the site so that stories could no longer be posted without previous approval by Digg&#8217;s staff.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Mark Blafkin</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38152</link>
		<dc:creator>Mark Blafkin</dc:creator>
		<pubDate>Mon, 07 May 2007 15:48:22 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38152</guid>
		<description>&lt;blockquote&gt;My question is: if your interpretation is correct, doesn&#039;t it bother you that the DMCA—by your own admission—effectively makes Web 2.0-stye businesses illegal? It&#039;s not like Digg&#039;s users are violating laws left and right. I don&#039;t remember seeing pirated content, child pornography, or random peoples&#039; credit card numbers on Digg&#039;s front page. So if Digg is making a good-faith effort to comply with the law, and they aren&#039;t profiting from piracy, shouldn&#039;t that be sufficient to shield it from liability?&lt;/blockquote&gt;

&lt;p&gt;Tim, I do not believe the DMCA makes those businesses illegal at all.  If Digg was making a good-faith effort to comply with the law, then they should be shielded from liability.  That is what they were trying to do (and I think would have been protected based on their actions).  However, the DMCA-activist wing of their user base threatened to leave if they didn&#039;t stop their &quot;good-faith&quot; efforts.  &lt;p&gt;The interesting aspect of this story is just how fragile Web2.0 businesses really are.  When a company&#039;s value is based entirely on its userbase (not on its product), they have to do anything they can to protect that asset.  Given that Gen X and Gen Y audiences are not slavishly married to brands for life (despite their love of brands) and Web2.0 companies rarely have radically different feature sets from their competitors, they will have to follow every whim of their users.  Even if it means effectively breaking the law and opening themselves up to business-ending lawsuits.
&lt;/p&gt;&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<blockquote>My question is: if your interpretation is correct, doesn&#8217;t it bother you that the DMCA—by your own admission—effectively makes Web 2.0-stye businesses illegal? It&#8217;s not like Digg&#8217;s users are violating laws left and right. I don&#8217;t remember seeing pirated content, child pornography, or random peoples&#8217; credit card numbers on Digg&#8217;s front page. So if Digg is making a good-faith effort to comply with the law, and they aren&#8217;t profiting from piracy, shouldn&#8217;t that be sufficient to shield it from liability?</blockquote>

<p>Tim, I do not believe the DMCA makes those businesses illegal at all.  If Digg was making a good-faith effort to comply with the law, then they should be shielded from liability.  That is what they were trying to do (and I think would have been protected based on their actions).  However, the DMCA-activist wing of their user base threatened to leave if they didn&#8217;t stop their &#8220;good-faith&#8221; efforts.  </p><p>The interesting aspect of this story is just how fragile Web2.0 businesses really are.  When a company&#8217;s value is based entirely on its userbase (not on its product), they have to do anything they can to protect that asset.  Given that Gen X and Gen Y audiences are not slavishly married to brands for life (despite their love of brands) and Web2.0 companies rarely have radically different feature sets from their competitors, they will have to follow every whim of their users.  Even if it means effectively breaking the law and opening themselves up to business-ending lawsuits.
</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Tim Lee</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38151</link>
		<dc:creator>Tim Lee</dc:creator>
		<pubDate>Mon, 07 May 2007 15:45:08 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38151</guid>
		<description>&lt;p&gt;Jim, as Doug says, the key distinction here is between stealing content and circumventing DRM. I&#039;m against downloading copyrighted content without paying for it. But I&#039;m not against fast-forwarding through commercials on DVDs, or playing region 1 DVDs in a region 2 country,  or playing iTunes songs on a Zune player. Yet the DMCA makes no distinction between these things. Circumventing is illegal, no matter what your purpose in circumventing might be. I don&#039;t think that&#039;s right.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim, as Doug says, the key distinction here is between stealing content and circumventing DRM. I&#8217;m against downloading copyrighted content without paying for it. But I&#8217;m not against fast-forwarding through commercials on DVDs, or playing region 1 DVDs in a region 2 country,  or playing iTunes songs on a Zune player. Yet the DMCA makes no distinction between these things. Circumventing is illegal, no matter what your purpose in circumventing might be. I don&#8217;t think that&#8217;s right.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Jim S</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46497</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Mon, 07 May 2007 15:34:58 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46497</guid>
		<description>&lt;p&gt;Doug,&lt;br&gt;&lt;br&gt;Empathy is not the word I would have gone for.  But understanding why a cornered animal bares its teeth is useful.&lt;br&gt;&lt;br&gt;The point is that they aren&#039;t breaking the law; neither did the last person trying to sell washboards after the electric washer was invented and its not ok to steal their content just because their business model is becoming obsolete, any more than it would have been ok to steal those washboards &quot;because they are made by dinasaurs.&quot;  It&#039;s not illegal to be stupid and inflexible, it is illegal (and should be) to steal other people&#039;s content even if they are stupid and inflexible.&lt;br&gt;&lt;br&gt;They will go out of business if they fail to adapt, that should go without saying.  But why does that make it ok for all of us to steal their stuff?  And why the moral outrage about their failure to adapt.  Were we morally outraged at those dummies who kept trying to sell buggy whips after buggies became obsolete?&lt;br&gt;&lt;br&gt;I&#039;m not really sure why I&#039;ve gotten involved in this conversation.  I may just be proving my ignorance by engaging in this disucssion but I just think the way the discussion has been framed is missing some basic realities.&lt;br&gt;&lt;br&gt;A friend of mine has a small business producing educational videos.  The production costs are staggering for a small company and as soon as a video is produced it ends up on youtube thus making it very difficult to recoup the upfront investment.  If there was a reasonable alternative for distribution to DVD that supported a reasonable asset monitization method I guess you could say shame on them for not getting with the times, but there isn&#039;t.&lt;br&gt;&lt;br&gt;In my mind it is just stealing what people are doing with that content and they rationalize it by saying &quot;those big mean companies are too rich and too dumb to change.&quot;  Forums like this just give it a nice &quot;think tanky&quot; sheen of justification.  And frankly, I think you are being used.  While you are pushing the liberatarian solution onto big content, big search and big apple are just using the dinasaur&#039;s weakness to make themselves into the next generation oligarchy.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Doug,<br /><br />Empathy is not the word I would have gone for.  But understanding why a cornered animal bares its teeth is useful.<br /><br />The point is that they aren&#8217;t breaking the law; neither did the last person trying to sell washboards after the electric washer was invented and its not ok to steal their content just because their business model is becoming obsolete, any more than it would have been ok to steal those washboards &#8220;because they are made by dinasaurs.&#8221;  It&#8217;s not illegal to be stupid and inflexible, it is illegal (and should be) to steal other people&#8217;s content even if they are stupid and inflexible.<br /><br />They will go out of business if they fail to adapt, that should go without saying.  But why does that make it ok for all of us to steal their stuff?  And why the moral outrage about their failure to adapt.  Were we morally outraged at those dummies who kept trying to sell buggy whips after buggies became obsolete?<br /><br />I&#8217;m not really sure why I&#8217;ve gotten involved in this conversation.  I may just be proving my ignorance by engaging in this disucssion but I just think the way the discussion has been framed is missing some basic realities.<br /><br />A friend of mine has a small business producing educational videos.  The production costs are staggering for a small company and as soon as a video is produced it ends up on youtube thus making it very difficult to recoup the upfront investment.  If there was a reasonable alternative for distribution to DVD that supported a reasonable asset monitization method I guess you could say shame on them for not getting with the times, but there isn&#8217;t.<br /><br />In my mind it is just stealing what people are doing with that content and they rationalize it by saying &#8220;those big mean companies are too rich and too dumb to change.&#8221;  Forums like this just give it a nice &#8220;think tanky&#8221; sheen of justification.  And frankly, I think you are being used.  While you are pushing the liberatarian solution onto big content, big search and big apple are just using the dinasaur&#8217;s weakness to make themselves into the next generation oligarchy.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38150</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Mon, 07 May 2007 15:32:08 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38150</guid>
		<description>&lt;p&gt;Jim:&lt;/p&gt;

&lt;p&gt;Violating the DMCA anti-circumvention provision is not the same thing as taking content without permission.  There are legitimate reasons to circumvent copy protection.  Please don&#039;t confuse (or deliberately obfuscate) the distinction between the two by whining about stealing.  DRM doesn&#039;t prevent stealing, and it curbs legitimate uses.&lt;/p&gt;

&lt;p&gt;I think most folks here are smart enough to see that companies like Google and Apple have their own agendas. They&#039;re still a lot better, from a geek-libertarian perspective, than the content dinosaurs.  Google and Apple benefit from the free flow of information.  Content dinosaurs benefit when the flow of information is restricted.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim:</p>

<p>Violating the DMCA anti-circumvention provision is not the same thing as taking content without permission.  There are legitimate reasons to circumvent copy protection.  Please don&#8217;t confuse (or deliberately obfuscate) the distinction between the two by whining about stealing.  DRM doesn&#8217;t prevent stealing, and it curbs legitimate uses.</p>

<p>I think most folks here are smart enough to see that companies like Google and Apple have their own agendas. They&#8217;re still a lot better, from a geek-libertarian perspective, than the content dinosaurs.  Google and Apple benefit from the free flow of information.  Content dinosaurs benefit when the flow of information is restricted.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Tim Lee</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46496</link>
		<dc:creator>Tim Lee</dc:creator>
		<pubDate>Mon, 07 May 2007 14:40:36 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46496</guid>
		<description>&lt;p&gt;Mark,&lt;br&gt;&lt;br&gt;I don&#039;t really disagree with you about the business side of things, although I do think that if they get sued, they&#039;ll get a ton of free publicity and strengthen their bond with their readers.&lt;br&gt;&lt;br&gt;My question is: if your interpretation is correct, doesn&#039;t it &lt;i&gt;bother you&lt;/i&gt; that the DMCA&#8212;by your own admission&#8212;effectively makes Web 2.0-stye businesses illegal? It&#039;s not like Digg&#039;s users are violating laws left and right. I don&#039;t remember seeing pirated content, child pornography, or random peoples&#039; credit card numbers on Digg&#039;s front page. So if Digg is making a good-faith effort to comply with the law, and they aren&#039;t profiting from piracy, shouldn&#039;t that be sufficient to shield it from liability?&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Mark,<br /><br />I don&#8217;t really disagree with you about the business side of things, although I do think that if they get sued, they&#8217;ll get a ton of free publicity and strengthen their bond with their readers.<br /><br />My question is: if your interpretation is correct, doesn&#8217;t it <i>bother you</i> that the DMCA&mdash;by your own admission&mdash;effectively makes Web 2.0-stye businesses illegal? It&#8217;s not like Digg&#8217;s users are violating laws left and right. I don&#8217;t remember seeing pirated content, child pornography, or random peoples&#8217; credit card numbers on Digg&#8217;s front page. So if Digg is making a good-faith effort to comply with the law, and they aren&#8217;t profiting from piracy, shouldn&#8217;t that be sufficient to shield it from liability?</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Jim S</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38149</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Mon, 07 May 2007 14:34:58 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38149</guid>
		<description>&lt;p&gt;Doug,&lt;/p&gt;

&lt;p&gt;Empathy is not the word I would have gone for.  But understanding why a cornered animal bares its teeth is useful.&lt;/p&gt;

&lt;p&gt;The point is that they aren&#039;t breaking the law; neither did the last person trying to sell washboards after the electric washer was invented and its not ok to steal their content just because their business model is becoming obsolete, any more than it would have been ok to steal those washboards &quot;because they are made by dinasaurs.&quot;  It&#039;s not illegal to be stupid and inflexible, it is illegal (and should be) to steal other people&#039;s content even if they are stupid and inflexible.&lt;/p&gt;

&lt;p&gt;They will go out of business if they fail to adapt, that should go without saying.  But why does that make it ok for all of us to steal their stuff?  And why the moral outrage about their failure to adapt.  Were we morally outraged at those dummies who kept trying to sell buggy whips after buggies became obsolete?&lt;/p&gt;

&lt;p&gt;I&#039;m not really sure why I&#039;ve gotten involved in this conversation.  I may just be proving my ignorance by engaging in this disucssion but I just think the way the discussion has been framed is missing some basic realities.&lt;/p&gt;

&lt;p&gt;A friend of mine has a small business producing educational videos.  The production costs are staggering for a small company and as soon as a video is produced it ends up on youtube thus making it very difficult to recoup the upfront investment.  If there was a reasonable alternative for distribution to DVD that supported a reasonable asset monitization method I guess you could say shame on them for not getting with the times, but there isn&#039;t.&lt;/p&gt;

&lt;p&gt;In my mind it is just stealing what people are doing with that content and they rationalize it by saying &quot;those big mean companies are too rich and too dumb to change.&quot;  Forums like this just give it a nice &quot;think tanky&quot; sheen of justification.  And frankly, I think you are being used.  While you are pushing the liberatarian solution onto big content, big search and big apple are just using the dinasaur&#039;s weakness to make themselves into the next generation oligarchy.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Doug,</p>

<p>Empathy is not the word I would have gone for.  But understanding why a cornered animal bares its teeth is useful.</p>

<p>The point is that they aren&#8217;t breaking the law; neither did the last person trying to sell washboards after the electric washer was invented and its not ok to steal their content just because their business model is becoming obsolete, any more than it would have been ok to steal those washboards &#8220;because they are made by dinasaurs.&#8221;  It&#8217;s not illegal to be stupid and inflexible, it is illegal (and should be) to steal other people&#8217;s content even if they are stupid and inflexible.</p>

<p>They will go out of business if they fail to adapt, that should go without saying.  But why does that make it ok for all of us to steal their stuff?  And why the moral outrage about their failure to adapt.  Were we morally outraged at those dummies who kept trying to sell buggy whips after buggies became obsolete?</p>

<p>I&#8217;m not really sure why I&#8217;ve gotten involved in this conversation.  I may just be proving my ignorance by engaging in this disucssion but I just think the way the discussion has been framed is missing some basic realities.</p>

<p>A friend of mine has a small business producing educational videos.  The production costs are staggering for a small company and as soon as a video is produced it ends up on youtube thus making it very difficult to recoup the upfront investment.  If there was a reasonable alternative for distribution to DVD that supported a reasonable asset monitization method I guess you could say shame on them for not getting with the times, but there isn&#8217;t.</p>

<p>In my mind it is just stealing what people are doing with that content and they rationalize it by saying &#8220;those big mean companies are too rich and too dumb to change.&#8221;  Forums like this just give it a nice &#8220;think tanky&#8221; sheen of justification.  And frankly, I think you are being used.  While you are pushing the liberatarian solution onto big content, big search and big apple are just using the dinasaur&#8217;s weakness to make themselves into the next generation oligarchy.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Tim Lee</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38148</link>
		<dc:creator>Tim Lee</dc:creator>
		<pubDate>Mon, 07 May 2007 13:40:36 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38148</guid>
		<description>&lt;p&gt;Mark,&lt;/p&gt;

&lt;p&gt;I don&#039;t really disagree with you about the business side of things, although I do think that if they get sued, they&#039;ll get a ton of free publicity and strengthen their bond with their readers.&lt;/p&gt;

&lt;p&gt;My question is: if your interpretation is correct, doesn&#039;t it &lt;i&gt;bother you&lt;/i&gt; that the DMCA&#8212;by your own admission&#8212;effectively makes Web 2.0-stye businesses illegal? It&#039;s not like Digg&#039;s users are violating laws left and right. I don&#039;t remember seeing pirated content, child pornography, or random peoples&#039; credit card numbers on Digg&#039;s front page. So if Digg is making a good-faith effort to comply with the law, and they aren&#039;t profiting from piracy, shouldn&#039;t that be sufficient to shield it from liability?&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Mark,</p>

<p>I don&#8217;t really disagree with you about the business side of things, although I do think that if they get sued, they&#8217;ll get a ton of free publicity and strengthen their bond with their readers.</p>

<p>My question is: if your interpretation is correct, doesn&#8217;t it <i>bother you</i> that the DMCA&mdash;by your own admission&mdash;effectively makes Web 2.0-stye businesses illegal? It&#8217;s not like Digg&#8217;s users are violating laws left and right. I don&#8217;t remember seeing pirated content, child pornography, or random peoples&#8217; credit card numbers on Digg&#8217;s front page. So if Digg is making a good-faith effort to comply with the law, and they aren&#8217;t profiting from piracy, shouldn&#8217;t that be sufficient to shield it from liability?</p>]]></content:encoded>
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	<item>
		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-46495</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Mon, 07 May 2007 13:38:10 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-46495</guid>
		<description>&lt;p&gt;Jim, what are you trying to say?  That we should all empathize with dinosaurs who can&#039;t adapt to new technological realities? I think I understand how Big Content thinks regarding this issue, and I think Tim understands too.  But I don&#039;t empathize.  I think Big Content needs to change its thinking, and if they don&#039;t change they deserve to go out of business, as the recording industry appears to be well on its way to doing.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim, what are you trying to say?  That we should all empathize with dinosaurs who can&#8217;t adapt to new technological realities? I think I understand how Big Content thinks regarding this issue, and I think Tim understands too.  But I don&#8217;t empathize.  I think Big Content needs to change its thinking, and if they don&#8217;t change they deserve to go out of business, as the recording industry appears to be well on its way to doing.</p>]]></content:encoded>
	</item>
	<item>
		<title>By: Doug Lay</title>
		<link>http://techliberation.com/2007/05/05/the-law-is-an-ass/comment-page-1/#comment-38147</link>
		<dc:creator>Doug Lay</dc:creator>
		<pubDate>Mon, 07 May 2007 12:38:10 +0000</pubDate>
		<guid isPermaLink="false">http://techliberation.com/2007/05/05/the-law-is-an-ass/#comment-38147</guid>
		<description>&lt;p&gt;Jim, what are you trying to say?  That we should all empathize with dinosaurs who can&#039;t adapt to new technological realities? I think I understand how Big Content thinks regarding this issue, and I think Tim understands too.  But I don&#039;t empathize.  I think Big Content needs to change its thinking, and if they don&#039;t change they deserve to go out of business, as the recording industry appears to be well on its way to doing.&lt;/p&gt;
</description>
		<content:encoded><![CDATA[<p>Jim, what are you trying to say?  That we should all empathize with dinosaurs who can&#8217;t adapt to new technological realities? I think I understand how Big Content thinks regarding this issue, and I think Tim understands too.  But I don&#8217;t empathize.  I think Big Content needs to change its thinking, and if they don&#8217;t change they deserve to go out of business, as the recording industry appears to be well on its way to doing.</p>]]></content:encoded>
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