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Updated 2024-05-19 03:32
This Week In Techdirt History: February 4th – 10th
Five Years Ago This week in 2019, as quickly as it went away, Article 13 was back in the EU. And now somehow the Copyright Directive was even worse than before, but still not bad enough for the copyright industries. Meanwhile, we wrote about the failings of YouTube's ContentID, the ongoing fight to make PACER [...]
Panda Express Opposes Trademark For ‘Trash Panda Vegan’ Food Truck
Here we go again. In so many of these trademark disputes, the disputer far too often is wielding overly broad trademarks granted by the USPTO to suggest that having that registered mark is all they need to shut down the use of those broad terms by others. Nowhere do you find any claims of actual [...]
Dropshipping Creates Novel Online Business Opportunities For The Long-Term Unemployed In South Africa (And Others)
Dropshipping - memorably described by Sirin Kale in Wired as people selling products they've never handled, from countries they've never visited, to consumers they've never met" - is one of the best examples of pure" Internet activity around. As Kale explains: Dropshipping is a fulfilment" method. At one end of the supply chain, an entrepreneur [...]
Court ‘Reluctantly’ Dismisses Yelp’s Lawsuit Against Texas, Over Ken Paxton’s Threats Regarding Crisis Pregnancy Centers
Texas Attorney General Ken Paxton (who is still indicted and facing a trial later this year) has argued in court that governments both should never, ever try to influence what content social media sites take down, but also that Texas should be able to tell social media websites what content they must keep up and [...]
Order Demanding Oregon Paper Return Docs A Lawyer Accidentally Gave Them Reversed By Judge
At the end of last month, a federal court judge decided to throw the First Amendment out the window to engage in a bit of the old prior restraint. At the center of this case (but not the case actually before the judge) was The Oregonian, a newspaper that found itself in possession of documents [...]
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Free Speech Absolutist Elon Musk Very Mad At Disney For Its Speech, Funds At Least One SLAPP Suit
The free speech absolutist" is at it again. Despite his claim to be an absolutist, Elon Musk has an uncanny ability to magically keep finding himself involved in lawsuits that are attempts to suppress the free speech rights of others. And he's at it again. Earlier this week, actor Gina Carano sued Disney almost exactly [...]
Comcast Gets A Wrist Slap For Using Dumb And Misleading ’10G’ Marketing To Confuse Customers
Back in 2019, when fifth generation (5G) wireless was getting a lot of dumb (and as it turned out, unwarranted) marketing hype, the cable industry came up with an amazing idea: they'd simply call their existing cable broadband service a 10G technology" in a bid to (1) piggyback on the hype 5G was getting, and [...]
Federal Court Says Wichita PD’s ‘Gang List’ Is Possibly Unconstitutional
Maintaining some sort of database of known criminals and their criminal associates is undoubtedly a smart thing to do. Cross-referencing detainees makes sense, especially when it comes to larger criminal organizations. Ensuring databases are up to date, both in terms of adding new associates as well as removing people who aren't connected to criminal activity, [...]
More Confusion Over Xbox Exclusives As Reports Of Game Ports Start Leaking
I don't know what it is or why it is, but the Xbox team just can't seem to communicate clearly when it comes to how it's going to handle exclusivity in games for its console. After it gobbled up several game studios and publishers, most recently Activision Blizzard, the messaging from the Xbox team about [...]
America Tires Of Big Telecom’s Shit, Driving Boom In Community-Owned Broadband Networks
For decades, frustrated towns and cities all over the country have responded to telecom market failure by building their own fiber broadband networks. Data routinely shows that not only do these networks providefaster, better, and cheaper service, the networks are generally more accountable to the public - because they're directly owned and staffed by locals [...]
That Time Google Kinda, But Not Really, Accused People Searching For Techdirt Of Searching For CSAM
Earlier this week I posted two examples of people falsely being told that a post or a search was deemed connected to child sexual abuse material. Earlier this week, I thought I had spotted another example, when someone on Bluesky alerted me that they had searched for techdirt" and the results included a line saying [...]
Axon Bets Big On Always-On Surveillance, Completes Acquisition Of ‘Real Time Crime Center’ Purveyor
This would be the second time in recent months that a cop tech purveyor with a heavily checkered past has shelled out big bucks to expand the reach of its own tech, as well as expand the reach of existing police surveillance capabilities. Last October, ShotSpotter - the company whose shoddy shot spotting has been [...]
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If Only Jim Jordan Hadn’t Cried Wolf So Often, We Could Tell If His Claims About The White House Pressuring Amazon Were Serious
Over the last few days there have been a few stories making the rounds on right wing media sites, claiming that Rep. Jim Jordan had exposed the White House pressuring Amazon to remove books related to COVID disinformation. This is based on a thread Jordan posted to ExTwitter. If it's true that the White House [...]
Disney, Hulu Follow Netflix In Password Sharing Crackdown As Streaming Enshittification Accelerates
So we've noted more than once that as the streaming sector is saturated and new user growth slows, streaming giants will follow on a fairly predictable path that got their predecessors (cable TV companies) in trouble. Namely, shifting away from innovation and disruption and consumer welfare, and toward nickel-and-diming customers in a bid to give [...]
Wine Brand ‘Valdo’ Attempts To Trademark Bully Wine Brand Owned By Nick Faldo
It's not often when three of your biggest interests all intersect at once, but here we are. Readers here will know that I am a regular when it comes to writing about trademark disputes, bullying, and news. You may also know that I have quite the affinity for wine. You probably don't know, however, that [...]
NY’s ‘Right To Repair’ Law Was Neutered By Lobbyists And Governor Hochul After Passage. Now, Some Lawmakers Are Trying To Fix It.
In late 2022, the state of New Yorkfinally passednew right to repair legislation after years of activist pressure. The bill, which went live last month, gives New York consumers the right to fix their electronic devices themselves or have them more easily repaired by an independent repair shop, instead of being forced to only obtain [...]
Josh Hawley Rages Ignorantly And Misleadingly In Trying To Push Encryption-Destroying STOP CSAM Bill
Every week it's some other dumb thing going on in the Senate. On Tuesday Senator Josh Hawley went to the (mostly empty) Senate floor to seek unanimous consent" for the STOP CSAM bill. That's basically a process to rush the bill forward before it's ready. We've written about STOP CSAM before. Despite it's name, it [...]
Australian Police Go Full FBI, Radicalize Autistic Teen Officers Told Parents They Were Trying To Help
The FBI has done some heinous things in its pursuit of its counter-terrorism objectives. While it's true the FBI has occasionally nabbed actual terrorists, it seems to prefer creating terrorists to going after those that are already avowed terrorists. The FBI utilizes informants and undercover agents to perform this highly questionable work. Investigations border on [...]
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Congressional Witness Claims ChatGPT Won’t Write Poems Praising Jim Jordan; Ranking Member Submits A Bunch Of ChatGPT-Authored Poems Praising Jim Jordan
We've written a few times now about how the misleadingly named House Subcommittee on the Weaponization of the Federal Government" is not actually looking into the weaponization of the federal government," but rather is very much about allowing Chairman Jim Jordan to go about weaponizing the powers of the subcommittee himself to threaten and intimidate [...]
Republicans Try To Block Very Basic Efforts To Prevent Racial Discrimination In Broadband Deployment
Back in December I wrote a feature for The Verge exploring the FCC's long overdue effort to stop race and class discrimination in broadband deployment. For decades, big telecoms have not only refused to evenly upgrade broadband in low income and poor areas (despite billions in subsidies for this exact purpose), they've charged poor and [...]
South Korean Man Sentenced For Refusing Military Service, In Part Because He Plays PUBG
Well, this is a new one for me. In all the stories we've done over the years on concerns over real life violence and violent video games, one point we've made over and over again is that people certainly can tell the difference between video games and real life. I, for one, abhor guns in [...]
Senators Ask The DOJ To End Federal Funding For Predictive Policing Programs
Predictive policing programs were supposed to make police work smarter and more efficient. It was supposed to trim down on hours wasted where a police presence wasn't needed and increase enforcement in areas where crime was a problem. But it hasn't done this. It hasn't made cops smarter. It's possibly just made them lazier. No [...]
Techdirt Podcast Episode 379: Is the Internet Killing Culture? (No. Don’t Be Stupid.)
A couple weeks ago, we released the 2024 edition of our Sky Is Rising report about the state of the entertainment industries. Last week, Mike and I joined Corbin Barthold on Techfreedom's Tech Policy Podcast for a discussion about the report and, more broadly, the state of culture in the internet era and the conversations [...]
Bluesky Opens Up
Bluesky is now open to anyone without an invite. And a bunch of other exciting things are coming soon. As many of you know, I've been pretty excited about where Bluesky is going as a social media offering, not just because of the people who have been using it (who have mostly been great, making [...]
Fifth Circuit: Upon Further Review, Fuck The First Amendment
I'm not a religious man, but Jesus Fucking Christ. Yet another insane decision that allows the government to ignore constitutional rights has been handed down by the Fifth Circuit Court of Appeals - the one nationally known as the most cop-friendly circuit in the nation. The long journey to this horrible ending begins in 2018. [...]
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Content Moderation At Scale Is Impossible To Do Well, Child Safety Edition
Last week, as you likely heard, the Senate had a big hearing on child safety" where they grandstanded in front of a semi-random collection of tech CEOs, with zero interest in actually learning about the actual challenges of child safety online, or what the companies had done that worked, or where they might need help. [...]
FCC Takes Aim At AI Deepfake Robocalls After Sloppy Fake Biden Hoax
Last month you probably saw the story about how somebody used a (sloppy) deepfake of Joe Biden in a bid to try and trick voters into staying home during the Presidential Primary. It wasn't particularly well done; nor was it clear it reached all that many people or had much of an actual impact. But [...]
Cops Charge Teen With Murder After One Of Them Dies Shortly After Restraining Him
Cops will charge someone with assault, whether or not they've been actually assaulted. It's a charge often added on top of resisting arrest and can be triggered by any movement or action that results in physical contact with an officer. Throwing a snowball in the direction of a cop can be considered assault, depending on [...]
Cornices Centre Goes For The Streisand Effect Multiplier Over ‘Near Miss’ Bike Video
Earlier this year, we discussed a frustrating story regarding one company in the UK, Cornices Centre, threatening a cyclist over a YouTube video showing what purports to be a near miss by a truck with the company's name and logo on it. Those threats centered on a very confused understanding of trademark law, such that [...]
City Of Los Angeles Files Another Lawsuit Against Recipient Of Cop Photos The LAPD Accidentally Released
Things remain troubling in Los Angeles. The city is still trying to somehow punish investigative journalist Ben Camacho and activist group Stop LAPD Spying Coalition for a mistake its own police department made. Camacho made a public records request for LAPD officers' photos. After some litigation, the LAPD finally complied. Camacho - who writes for [...]
I Remain Confused By The Ruling On Elon Musk’s Compensation Package
There are a number of people, both those who agree with me and those who disagree with me, who seem to think I have some sort of personal dislike of Elon Musk. That's not true. I find it amazing that he gets away with some of the stuff he gets away with, and I am [...]
Facial Recognition Rings Up Another False Arrest, Leading To The Accused Being Brutalized In Jail
Facial recognition may be helping law enforcement catch bad guys, but inherent flaws in these systems ensure it's only a matter of time before the AI coughs up yet another unforced error. That sort of error rate might be acceptable when the AI is doing nothing more than pitching in to refine Google search results [...]
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Politicians Are Using Kids As Props To Pass Terrible, Harmful Legislation. Don’t Let Them Get Away With It
Amidst all of the attention paid to last week's Senate hearing on child safety online, it remains stunning just how little time was actually spent on how to help children online. Instead, we saw pure theatrical nonsense, with Senators insisting (falsely) that these five tech CEOs could magically stop bad things from happening to kids, [...]
Cable Companies, Automakers Try To Derail FTC, FCC Quest To Kill Misleading Fees
For decades now, airlines, hotels, cable companies, banks and a long list of other companies have bilked U.S. consumers out of billions of dollars annually via bullshit fees that unfairly jack up the advertised price of service. More interesting perhaps is the fact that it it took until 2023 for a U.S. federal regulator to [...]
Funniest/Most Insightful Comments Of The Week At Techdirt
This week, our first place winner on the insightful side is also our second place winner on the funny side. It's from That One Guy in response to our refusal to take down our posts about Appin: Someone didn't do their homework... If only there had been some way for Rajat Khare and Appin to [...]
And That’s A Wrap! Check Out The Entries In The Public Domain Game Jam
As you likely know, at the beginning of January we launched the latest edition of our public domain game jam, Gaming Like It's 1928! We invited designers of all stripes to make analog and digital games using the material that entered the public domain this year (including the big one, Mickey Mouse). Now, the jam [...]
Universal Music Group Pulls Songs From TikTok, Causing Chaos On The Platform
In January, after a lot of back and forth with TikTok, Universal Music Group announced it would not be renewing its license with the platform for its catalog of music that users could use in their videos. UMG's claimed reasoning for this was three-fold: TikTok wasn't doing enough to combat deepfakes of the artists it [...]
Error 402: Where’s The Crowd To Fund This?
As our Error 402 series continues, I swear that eventually we're going to get to some of the more promising models and stuff that actually has been working in some cases shortly, but we're still covering some of the stuff that hasn't fully panned out (or, has only panned out in limited setups). For this [...]
Los Angeles Passes Rule Banning Broadband Deployment Discrimination
We've well documented how giant telecom companies have taken billions of dollars in tax breaks, subsidies, and regulatory favors in exchange for fiber networks they only half deploy. We've also noted that when those big ISPs do finally deploy service, they tend to prioritize white, affluent neighborhoods - which generally see faster, cheaper, service than [...]
Kids Don’t Think Congress Has Their Best Interests In Mind With Their Grandstanding ‘Protect The Children’ Hearing
We've covered a few stories this week related to the Senate hearing on kids safety" and there's going to be a lot more in the coming weeks as those same Senators grandstand and yell about protect the children!" and generally make fools of themselves. I think Casey Newton's summary of the spectacle is about right: [...]
FBI Looking To Use Amazon’s Facial Recognition Tech To ‘Recognize’ Stuff That Isn’t People’s Faces
A half-decade ago, Amazon was an emerging player on the facial recognition scene. Its proprietary blend was called Rekognition." At the outset, Amazon was definitely interested in getting it in the hands of as many cops as possible. Documents obtained by the ACLU showed the company was courting law enforcement agencies, seeking to sell them [...]
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We Shouldn’t Allow A New Super Secret Surveillance Court Cover Up The Civil Liberties Problems Of The Old Super Secret Surveillance Court
For years now we've been covering the big ongoing fights between the US and the EU regarding the transfer of user data across the Atlantic. The main issue was that due to somewhat different data protection/privacy laws between the EU and the US, the two keep trying to work out a deal" that allows (mostly) [...]
‘The Messenger’ Implosion Once Again Shows The Real Problem With U.S. Journalism Is Shitty Management By Visionless, Fail-Upward Brunchlords
Early last year new journalism outlet named The Messenger" launched to great fanfare. The brainchild of former The Hill owner Jimmy Finkelstein, the outlet launched with $50 million in backing anda lot of chatterabout how it was going to revolutionize U.S. journalism. Finkelstein claimed he wanted to build an alternative to a national news media" [...]
Palworld Modder Changes ‘Pokémon’ Mod To Include Generic Characters Instead
Well, this is certainly moving fast. We had begun talking about the recently released PC game Palworld as a great example of the idea/expression dichotomy in copyright law, specifically as the game has both been described as Pokemon, but with guns" while also not containing any specific Pokemon copyrighted expression within it. While the Pokemon [...]
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