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Updated 2024-05-20 02:17
Appeals Court: You Can’t Sue YouTube Because It Didn’t Ban An Account You Accuse Of Copyright Infringement
Last year, we wrote about the really bizarre case of a website called Business Casual" that filed a couple of copyright infringement lawsuits. One was against TV-Novosti, the Russian state-owned news organization that runs RT (formerly Russia Today). While there was a brief period of time in which RT pretended that it wanted to be [...]
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San Diego Mayor, Police Chief Claim City’s Surveillance Oversight Law Is Just ‘Obstruction’
Law enforcement agencies aren't used to oversight or accountability. That's something that has rarely been deemed essential to the act of policing. After all, if the Supreme Court can create qualified immunity" out of thin air to protect (most) cops from the consequences of their unconstitutional actions, surely podunk locals shouldn't assume they're more qualified [...]
One Year In: Elon Has Inspired New Approaches To Social Media. Just Not His Own
Today is the official one year anniversary of Elon getting control over what used to be called Twitter, and now is simply exTwitter. It was supposed to be tomorrow, but in a sign of what was to come, Elon and his buddies maneuvered to close the deal in the afternoon a day early, just to [...]
Streaming’s Latest ‘Innovation’: Ads When You Hit Pause
Now that growth is saturated in the streaming sector, companies are increasingly behaving like the cable TV giants they once disrupted in a bid to deliver Wall Street improved quarterly returns at any cost. Even if it means annoying consumers and damaging the company's long-term brand. Netflix now wants to harass you for doing something [...]
‘Smash’ Competitive Leagues Freak Out Over Latest Nintendo Edicts
For nearly a decade now, we've discussed Nintendo's oddly combative relationship with the eSports community, specifically as it revolves around Super Smash Bros. tournaments. Whereas other game publishers have fully embraced these tournaments and the attention they bring to their games, Nintendo does what Nintendo always does instead: exert more and more control, pissing everyone [...]
Apple Now Supports A Federal Right To Repair Law (Its Lawyers Will Help Write)
Eager to maintain a lucrative repair monopoly over its products, Apple has had a long history ofbullying independent repair shops. Apple lobbyists have also falsely claimed that making its products easier and less expensive to repair would result in vast untold consumer privacy and security nightmares, turning states that consider right to reform" legislation intolawless [...]
EU Parliament Fails To Understand That The Right To Read Is The Right To Train
Walled Culture recently wrote about anunrealistic French legislative proposalthat would require the listing of all the authors of material used for training generative AI systems. Unfortunately, the European Parliament has inserted a similarly impossible idea in its text for the upcomingArtificial Intelligence (AI) Act. The DisCo blog explains thatMEPs added new copyright requirementsto the Commission's [...]
EU Pitched Client-Side Scanning By Targeting Certain EU Residents With Misleading Ads
The EU Commission has been pushing client-side scanning for well over a year. This new intrusion into private communications has been pitched as perhaps the only way to prevent the sharing of child sexual abuse material (CSAM). Mandates proposed by the EU government would have forced communication services to engage in client-side scanning of content. [...]
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New Study In The Journal Of Pediatrics Says Maybe It’s Not Social Media, But Helicopter Parenting That’s Making Kids Depressed
We've been covering, at great length, the moral panic around the claims that social media is what's making kids depressed. The problem with this narrative is that there's basically no real evidence to support it. As the American Psychological Association found when it reviewed all the literature, despite many, many dozens of studies done on [...]
‘The Messenger’ Speed Runs The U.S. Journalism Implosion Cycle Thanks To Incompetent Billionaires And ‘Both Sides’ Clickbait Gibberish
Earlier this year a new journalism outlet named The Messenger" launched to great fanfare. The brainchild of former The Hill owner Jimmy Finkelstein, the new news empire launched with $50 million in backing and a lot of chatter about how it was going to do things differently, with Finkelstein claiming he wanted to build an [...]
NY Times Tried To Block The Internet Archive
The Intercept has an interesting article that revealsanother reasonwhy some newspaper publishers are not great fans of the site: The New York Times tried to block a web crawler that was affiliated with the famous Internet Archive, a project whose easy-to-use comparisons of article versions has sometimes led to embarrassment for the newspaper. As the [...]
Error 402: E-Commerce Goes Mainstream, But Something Is Missing
Last week in our Error 402 series on the history of web monetization, we talked about the earliest secure monetary transactions on the web, soon after the National Science Foundation opened up the early internet for commercialization. There were electronic transactions over networks that pre-dated this (such as on proprietary online services like CompuServe, but [...]
How The Courts Have Made It Easier For Cops To Steal From Citizens
It's always been easy for cops to take stuff from people. Civil asset forfeiture allows law enforcement to bypass most of the Constitution so long as they imply things about the supposedly illegal source of the property they've taken from citizens. The Fourth Amendment is almost worthless in these cases. Since there are no criminal [...]
Stop Letting Nonsense Purveyors Cosplay As Free Speech Martyrs
A few people have been asking me about last week's release of something called the Westminster Declaration," which is a high and mighty sounding declaration" about freedom of speech, signed by a bunch of journalists, academics, advocates and more. It reminded me a lot of the infamous Harper's Letter" from a few years ago that [...]
GAO Tells TSA It Needs To Make Sure Its Screening Tech Still Works Well, Isn’t Racist
The TSA was imposed on us following the terrorist attacks on September 11, 2001. Supposedly necessitated by this new" terrorist threat, the TSA shrugged into action, becoming another layer of irritating bureaucracy standing between benign travelers and their freedom of movement. Since then, it has gotten worse. The TSA has spent billions on tech, training, [...]
States All Gang Up To Sue Meta Based On Highly Questionable Theories Of ‘Harm’ To Children
I really wish we could fast forward a few decades to the point where we look back on the moral panic over kids and social media and laugh about it, the same way we now laugh about similar moral panics regarding television, Dungeons & Dragons, rock & roll music, comic books, pinball, chess, novels, and [...]
Netflix’s Idea Of Innovation: Two Big Price Hikes In A Row
So we've been talking a lot about how as the streaming video market matures, it's increasingly behaving a lot like the old, shitty cable companies the sector once disrupted. Instead of innovation and risk taking, we're seeing endless price hikes, lower quality catalogs, strange new catalog gaps, labor issues, ethically flimsier policy positions, annoying new [...]
Developer Of Free Web Game Messes With Sites Embedding His Game With Goatse Image
The tradition of game developers trolling those who pirate or otherwise use their games rather than immediately going the legal route has a long history. There are lots of ways to do this, most of which involve either breaking the game in certain ways, or inputting Easter eggs into games that cause those pirating it [...]
New French AI Copyright Law Would Effectively Tax AI Companies, Enrich Collection Societies
This blog has written a number of times about the reaction of creators togenerative AI. Legal academic and copyright expertAndres Guadamuzhas spotted what may be the first attempt to draw upa new law to regulate generative AI. It comes from French politicians, who have developed something of a habit of bringing in new laws attempting [...]
Techdirt Podcast Episode 369: Your Face Belongs To Us, With Kashmir Hill
We've written plenty about facial recognition here on Techdirt, and especially the infamous Clearview AI. Now, journalist Kashmir Hill, who wrote the original New York Times story that brought the company to the public's attention, has written a new book all about the subject: Your Face Belongs To Us. This week, she joins us on [...]
Air Canada Would Rather Sue A Website That Helps People Book More Flights Than Hire Competent Web Engineers
I am so frequently confused by companies that sue other companies for making their own sites and services more useful. It happens quite often. And quite often, the lawsuits are questionable CFAA claims against websites that scrape data to provide a better consumer experience, but one that still ultimately benefits the originating site. Over the [...]
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Just Because Certain Crimes Are Going Viral Doesn’t Mean Crime Rates Are Increasing
Perception matters more than reality, especially when your budget is on the line. Law enforcement agencies like to portray criminal activity as constantly rising, especially now that they're facing additional scrutiny and the occasional so-called defunding" effort. It's a weird way to handle (government) business. On one hand, the cops claim rising crime necessitates more [...]
Apple Cancelled Jon Stewart Because Feckless Tech Executives Were Afraid Of The Pesky Truth
Last week, the New York Times reported that Apple had cancelled The Problem With Jon Stewart." More importantly, the Times noted that Apple executives, clearly not at all worried about the need for a healthy editorial firewall, had grown uncomfortable with the way that the program was planning to cover issues such as China and [...]
The Utah Cookie Wars Are Over: Crumbl Settles Trademark Suit With Dirty Dough
In the middle of last year, we talked about an odd lawsuit between two bakeries, Crumbl and Dirty Dough. Crumbl's suit against Dirty Dough claimed both theft of trade secrets and trademark infringement, the latter of which revolved around two major claims. First, the owner of Dirty Dough used to work for Crumbl. That obviously [...]
Clearview Gets $10 Million UK Fine Reversed, Now Owes Slightly Less To Governments Around The World
Here's how things went for the world's most infamous purveyor of facial recognition tech when it came to its dealings with the United Kingdom. In a word: not great. In addition to supplying its scraped data to known human rights abusers, Clearview was found to have supplied access to a multitude of UK and US [...]
Peering Through The Fog Of War With Open Source Intelligence
The fog of war" is a phrase that has been used for over a hundred years to describe the profound uncertainty that envelops armed conflicts while they are happening. Today, the uncertainty for non-combatants is exacerbated by the rapid-fire nature of social media, where people often like or re-post dubious war-related material without scrutinizing it [...]
Supreme Court Asked (Again!) To Rule That Recording Cops Is Protected By The 1st Amendment
You'd think this legal question would be settled by now. Smartphones have been in everyday use for more than a decade. Citizen journalists have been part of our daily life ever since the advent of affordable portable cameras. The internet has democratized publication, lowering the barrier between observation and accountability. Cops hate this. But the [...]
Google Decides To Pull Up The Ladder On The Open Internet, Pushes For Unconstitutional Regulatory Proposals
It's pretty much the way of the world: beyond the basic enshittification story that has been so well told over the past year or so about how companies get worse and worse as they get more and more powerful, there's also the well known concept of successful innovative companies pulling up the ladder" behind them, [...]
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LAPD Releases Recording Two Cops’ Decision To Pursue Pokémon Rather Than Robbery Suspects
In the annals of law enforcement's neglect - if not actual disdain - for its alleged desire to serve and protect," this is surely on of the weirdest and most specific episodes in its ongoing infamy. It hearkens back to a simpler time when smartphones were mere extensions of people's desire to catch digital creatures [...]
Tired Of Being Ripped Off By Monopolies, Cleveland Launches Ambitious Plan To Provide Citywide Dirt Cheap Broadband
Cleveland has spent years being dubbed the worst connected city in the U.S." thanks to expensive, patchy, and slow broadband. Why Cleveland broadband sucks so badly isn't really a mystery: consolidated monopoly/duopoly power has resulted in a broken market where local giants like AT&T and Charter don't have to compete on price, speeds, availability, customer [...]
Funniest/Most Insightful Comments Of The Week At Techdirt
This week, our first place winner on the insightful side is Stephen T. Stone with a comment about Clarence Thomas using an originalism argument against the actual malice standard: I once again note that if Clarence Thomas truly believed in constitutional originalism-i.e., the notion that the ghosts of the Founding Fathers and the original form [...]
This Week In Techdirt History: October 15th – 21st
Five Years Ago This week in 2018, we featured a pair of posts examining the recent court ruling in the copyright lawsuit over Stairway to Heaven. A new study on the FCC public comment fiasco showed that 99.7% of the real, original comments opposed the net neutrality repeal, while the New York AG was trying [...]
California Bans ‘Excited Delirium’ As A Cause Of Death
Excited delirium is a very unique medical condition. It almost always kills its victims. The victims of this apparent sudden cause of death are almost always in the presence of police officers when they die. And the victims are almost always of a certain... type. A 2021 data analysis found that at least 56% of [...]
Supreme Court Takes Up Case Regarding White House Pressure On Social Media Moderation, While Alito, Thomas & Gorsuch Seem Confused
We've been following the bizarre and frequently problematic case initially brought by Louisiana and Missouri against the Biden administration, claiming that the administration's coordination with researchers and pressure on social media companies regarding how they moderate content violates the first amendment. As we've said for quite some time, there are legitimate and important questions about [...]
Techdirt Podcast Episode 368: Trust & Safety Tycoon
As you hopefully know by now, earlier this week we launched our new game, Trust & Safety Tycoon. It's a free, browser-based game (playable on desktop or mobile, though we recommend desktop for the best experience) that puts you in the shoes of the head of trust and safety at a rapidly growing social media [...]
IRS Pilots Direct File Program While Tax Prep Industry Flails In Response
We have long detailed through a series of posts, most of them based on fantastic reporting from Pro Publica, Intuit's shady bullshit when it comes to its supposed Free to File" program offered through a longstanding deal with the IRS. The summary is: massive tax prep companies cut a deal with the IRS so that [...]
Surveillance Tech Firm Scraps US Marketing Force, May Just Continue Selling To Human Rights Abusers
Make enough bad choices and, sooner or later, those decisions are going to come back to haunt you. Or, at least, haunt the 50 or so employees you've laid off because your past performance has made it all but impossible to pitch your tech to US government agencies. That's the case here, as reported by [...]
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KOSA Won’t Just Silence LGBTQ Voices; It Will Also Be Used To Hide Abortion Info From The Internet
We've highlighted in great detail how KOSA (the Kids Online Safety Act), sponsored by Senators Richard Blumenthal and Marsha Blackburn, which currently has an astounding 46 cosponsors, will be used to stifle LGBTQ voices. We know this because Republicans keep telling us that's exactly how they plan to use it. But, that's not the only [...]
Comcast Takes Heat For Misleading ’10G’ Cable Broadband Branding
Back in 2019 the cable industry, envious of all the attention 5G wireless was getting, pulled a new marketing term completely out of its ass. It simply started calling ordinary cable broadband upgrades 10G, based on absolutely no real-world standards or definitions. It was a hollow attempt to capitalize on wireless 5G hype because these [...]
Starbucks Joins The List Of Companies Using Trademark Law To Bully Its Own Union
The trend continues. One of the things we've noticed more frequently as of late has been larger companies attempting to use trademark law as some kind of cudgel against employee unions. This has taken several forms, from Wal-Mart attempting to shut down a union website for accurately calling itself a union of Wal-Mart employees, Medieval [...]
Fifth Circuit: The Government Doesn’t Need To Pay You For The Home It Destroyed To Effect An Arrest
By any means necessary" has been determined to be the same thing as minimal intrusion" by far too many courts. When cops are searching for suspects, they're pretty much free to destroy anything that stands between them and their (wanted) man, even if it means a wholly innocent house gets leveled in the process. It's [...]
Astronomers Say Starlink, Amazon Light Pollution Keeps Getting Worse
For years, scientific researchers have warned that Elon Musk's Starlink low Earth orbit (LEO) satellite broadband constellations areharming scientific research. Simply put, the light pollution Musk claimedwould never happen in the first placeis making it far more difficult to study the night sky, a problem researchers say can bemitigated somewhat but never fully eliminated. Now [...]
Hey Ricky Schroder: Porn Is Protected By The 1st Amendment
Do you all remember Ricky Schroder? He is a former child actor who became prominent thanks to TV series like Silver Spoonsand NYPD Blue. While I could reminisce about old TV for hours, it is worth noting that Ricky Schroder has become a darling for the far-right. You might remember himfrom his greatest hits of [...]
Appeals Court Tells State Of Florida It Still Can’t Enforce Its Unconstitutional Anti-Drag Show Law
Florida's legislative bigots have already been told twice. I guess they need to hear a third time. The state passed a law that outlawed drag shows, resulting in it being sued by a venue that often hosted drag shows, Hamburger Mary's. The lawsuit claimed the new law violated several rights, first and foremost being the [...]
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