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Updated 2024-05-06 21:33
Why Isn’t Taxpayer-Funded U.S. Broadband Mapping Data Owned By The Public?
We'venoted for decadeshow, despite all the political lip service paid toward bridging the digital divide," the U.S.doesn't truly know where broadband is or isn't available. The FCC's past broadband maps, which cost $350 million to develop, have long been accused of all but hallucinating competitors, making up available speeds, and excluding a key metric of [...]
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Nevada Is In Court This Morning Looking To Get A Temporary Restraining Order Blocking Meta From Using End-To-End Encryption
There have been plenty of silly lawsuits against tech companies over the last few years, but a new one from Nevada against Meta may be the most crazy - and most dangerous - that we've seen so far. While heavily redacted, the basics fit the pattern of all of these lawsuits. Vague claims of harms [...]
The Right To Advertise?
Sometimes, an advertisement is worth a thousand op-eds. Last week, one of us co-authored an op-ed criticizing an amicus brief filed by the American Economic Liberties Project and several prominent law professors in the pending Supreme Court case NetChoice v. Paxton. AELP's brief defends the constitutionality of a Texas law prohibiting social media companies from [...]
Funniest/Most Insightful Comments Of The Week At Techdirt
This week, we've got a double winner on the insightful side with Toom1275 taking both top spots. In first place, it's a comment about the news that Sony has once again made purchased digital content disappear: If buying isn't owning, then pirating isn't stealing. In second place, it's a general-purpose comment about Elon Musk: There [...]
This Week In Techdirt History: February 18th – 24th
Five Years Ago This week in 2019, the EU Commission decided to mock the public by insisting all the fears about the copyright directive were myths, even as lots of real people were showing up in real life to protest, and journalists were pointing out the problems with Article 11. Amidst this, we featured a [...]
Fifth Circuit Un-Sticks It To The Man (Again) Says Cops Can’t Be Sued For Raiding The Wrong House
The cop-friendliest circuit in the United States has done it again. Whenever there's a bit of doubt to be had, it's the cops benefiting from it when the Fifth Circuit Appeals Court handles the case. Sure, every so often a judge or two might serve up a blistering dissent. And, even more rarely, a Fifth [...]
Peloton Defeats Silly Trademark Suit Over A Plus Sign
Who knew you could make this much fuss over a +" sign? Back in 2021, Peloton was sued by a company called World Champ Tech LLC over the former's Peloton Bike+ name. See, World Champ has a trademark for its biking mobile app called Bike+" and sued claiming that Peloton's product constituted trademark infringement. World [...]
Protect Yourself From Sen. Mike Lee’s Anti-Porn PROTECT Act
If you work for a living, do you feel coerced into doing your job? According to Senator Mike Lee, if you have anything to do with pornography, and need to earn money in the industry, it must be coercion at play. While the world continues to be fooled by the Kids Online Safety Act's false [...]
Free Speech Absolutist ExTwitter Suspends Navalny’s Widow’s Account After She Speaks Out, Blames Spam Tools
Look, we all like to point out that when dealing in content moderation, mistakes are inevitable. But, I always find it amusing when people insist that mistakes must have been for nefarious purposes. Over the last few years, people, including ExTwitter owner Elon Musk, have insisted that stories like Twitter's decision to restrict the sharing [...]
Thanks To Swedish Court Ruling, Google No Longer Notifying Publishers About ‘Right To Be Forgotten’ Removals
The EU's right to be forgotten" was always a mess in theory. In practice, it's even worse. This extension of EU data privacy laws gives people the power to delist and/or remove content published by others about themselves. Anyone could immediately see how this would be abused. People wishing to remove unflattering content would send [...]
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Maybe Your Lawyers Shouldn’t Tell Reporters You Did Not Engage In ‘Conspiracy To Or Complicity In Murder’ When No One Was Claiming Otherwise
Sometimes my I have not participated in any conspiracy to or complicity in murder" t-shirt raises a lot of questions already answered by my shirt. Remember Rajat Khare? He's the guy associated with Appin Technologies in India, and there's a pattern of stories mentioning his name suddenly disappearing (or his name disappearing from them) after [...]
Data Broker That Trafficked In Abortion Clinic Location Data Also Helps The Air Force With ‘Targeting’
There are two major reasons that the U.S. doesn't pass an internet-era privacy law or regulate data brokers despite a parade of dangerous scandals. One, lobbied by a vast web of interconnected industries with unlimited budgets, Congress is too corrupt to do its job. Two, the U.S. government is disincentivized to do anything because it [...]
UK Court Ruling Has Potential To Free Up The Public Domain; But Museums Might Still Block It
There's a post on the Creative Commons blog with someimportant news about copyright(in the UK, at least): In November 2023, the Court of Appeal inTHJ v Sheridanoffered an important clarification of the originality requirement under UK copyright law, which clears a path for open culture to flourish in the UK. In setting the copyright originality [...]
Two Congressmen Introduce Law To Grant Copyright To Golf Course Design
Of all the ways in which Congress chooses to spend its time and focus its priorities, legislation introducing a solution in search of a problem is surely one of the most frustrating. With that in mind, two United States Congress critters have introduced House Resolution 7228, which aims chiefly to confer concrete copyright protection to [...]
Comcast, Paramount Eye Merger Because The Streaming Sector Is Completely Out of Ideas
We've been talking a lot about how as streaming subscription growth slows, streaming companies will begin doing whatever's necessary to deliver Wall Street quarterly growth at any cost. Even if it cannibalizes longer term company health, customer satisfaction, and brand quality. Just like the cable giants they disrupted, that generally means lots of prices hikes, [...]
Mayor Adams Files Ridiculously Stupid, Dangerous Lawsuit Against Social Media, Claiming It’s A Public Nuisance
Every time we think it can't possibly get dumber, it does. Last month, we wrote about the absolute nonsense in which New York City mayor Eric Adams declared social media a public health hazard, akin to toxic waste. As we noted at the time, this was in the midst of a variety of scandals of [...]
Fake Entities Are Still Abusing The DMCA Takedown Process To Hide Facts They Don’t Like
The DMCA process remains as easily abused as ever, even as companies like Google (and, especially, Automattic) do what they can to head off this abuse. It's a numbers game. When you're the size of Google, it's impossible to vet every takedown demand. The easiest thing to do is comply immediately and, if need be, [...]
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Social Media Isn’t A Shopping Mall
Something strange is happening in the legal academy, and we're worried about it. On January 23, 2024, the progressive policy organization American Economic Liberties Project filed an amicus brief in the Supreme Court case NetChoice v. Paxton, in support of a Texas law prohibiting social media companies from moderating - censoring" in the words of [...]
Cable Companies Tell The Government That Bullshit Fees Are Good, Actually
Last December, the Biden FCC proposed a basic plan to ban some of the shitty fees cable and broadband companies use to falsely advertise a lower price and jack up the cost of service. Despite the fact your cable TV and broadband bills are packed with bullshit fees, the FCC was only taking specific aim [...]
Here We Go Again: Sony Disappears Digital Content That Was Pitched To Customers As ‘Forever’
And here we go again. We've had many, many posts over recent years discussing how, in the digital age, you often don't actually own what you've bought. And before the comments section gets filled with perplexed but rather educated folks talking about how the all these cases involve products in which the terms of service [...]
CBP’s Top Doctor Tried To Obtain ‘Fentanyl Lollipops’ For ‘Pain Management’ In Case Of A Helicopter Crash
Man. I have seen some shit since taking up a regular post at this fine website. I have had my mind blown with an alarming frequency. I have been sent into waves of mocking laughter more times than anyone writing for a respected website should admit. I have, in other words, been ruined by the [...]
Techdirt Podcast Episode 381: KOSA Isn’t Just Wrong About The Internet, It’s Wrong About Child Safety
In our coverage of the problems with KOSA and other legislative pushes to protect the children" online, we usually (for obvious reasons) come at the subject from the technology side, and look at all the ways these laws misunderstand the internet. But that's not their only flaw: these proposals also tend to lack any real [...]
In SCOTUS NetChoice Cases, Texas’s And Florida’s Worst Enemy Is (Checks Notes) Elon Musk.
Next week, the Supreme Court will hear oral argument in NetChoice v. Paxton and Moody v. NetChoice. The cases are about a pair of laws, enacted by Texas and Florida, that attempt to force large social media platforms such as YouTube, Instagram, and X to host large amounts of speech against their will. (Think neo-Nazi [...]
European Human Rights Courts Rules That Encryption Backdoors Are Illegal Under European Law
Well... this is an unexpected (and fun!) turn of events. The EU Commission has spent most of the last couple of years trying to talk EU members into voting in favor of weakened encryption, if not actual encryption backdoors. You know, for the children. On the table are things ranging from mandated client-side content scanning [...]
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Prominent MAGA Supporter Is Worried New KOSA Won’t Suppress Enough LGBTQ Speech
By now you know that Senator Richard Blumenthal has released a new version of KOSA, the misleadingly named Kids Online Safety Act, that he pretends fixes all the problems. It doesn't. It still represents a real threat to speech online, and in particular speech from LGBTQ users. This is why Blumenthal, a prominent Democrat, is [...]
Max ‘Enshittifies’ Itself By Making John Oliver Harder To Watch
Now that subscriber growth has slowed, streaming TV giants have taken the predictable turn of making their services shittier and more expensive to deliver Wall Street (impossibly) unlimited quarterly revenue growth. That means higher prices, annoying new surcharges, greater restrictions, more layoffs, more cut corners, worse customer service, and a lot of pointless mergers designed [...]
Xbox’s ‘Business Update Event’ Attempts To Address Rumors…Vaguely
As anyone paying attention to the video game industry will already know, the last couple of weeks have seen a great deal of rumor and speculation as to the state of Xbox-istan. What started as unsubstantiated rumors suggesting that Xbox was about to make some of its Microsoft-exclusive titles crossplatform to other consoles morphed into [...]
How Allowing Copyright On AI-Generated Works Could Destroy Creative Industries
Generative AI continues to be thehot topicin the digital world - and beyond.A previous blog postnoted that this has led to people finally asking the important question whether copyright is fit for the digital world. As far as AI is concerned, there are two sides to the question. The first is whether generative AI systems [...]
Section 702 Powers Back On The Ropes Thanks To Partisan Infighting
I'm normally not a ends justifies the means" sort of guy, but ever since some House Republicans started getting shitty about Section 702 surveillance after some of their own got swept up in the dragnet, I've become a bit more pragmatic. Section 702 is long overdue for reform. If it takes a bunch of conveniently [...]
Elon Only Started Buying Up Twitter Shares After Twitter Refused To Ban Plane Tracking Account
Ever since he first started to make moves to purchase Twitter, Elon Musk has framed his interest in rigorously adhering to" principles of free speech. As we've noted, you have to be ridiculously gullible to believe that's true, given Elon's long history of suppressing speech, but a new book about Elon's purchase suggests that from [...]
Don’t Fall For The Latest Changes To The Dangerous Kids Online Safety Act
The authors of the dangerous Kids Online Safety Act (KOSA) unveiled anamended version last week, but it's still an unconstitutional censorship bill that continues to empower state officials to target services and online content they do not like. We are asking everyone reading this tooppose this latest version, and todemand that their representatives oppose it-even [...]
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George Santos Files Very Silly Copyright Lawsuit Against Jimmy Kimmel Over His Cameo Videos
Former Rep. George Santos, kicked out of Congress last year for being an irredeemable liar, has spent his time since expulsion pulling in the big bucks making videos on Cameo for anywhere between $350 and $500 a pop. Last year, Senator John Fetterman made news when he got Santos to record a Cameo video trolling [...]
False AI Obituary Spam The Latest Symptom Of Our Obsession With Mindless Automated Infotainment Engagement
Last month we noted how deteriorating quality over at Google search and Google news was resulting in both platforms being flooded by AI-generated gibberish and nonsense, with money that should be going to real journalists instead being funneled to a rotating crop of lazy automated engagement farmers. This collapse of online informational integrity is happening [...]
Funniest/Most Insightful Comments Of The Week At Techdirt
This week, our first place winner on the insightful side is an anonymous piece-by-piece reply to another comment about the reporter who was suspended from ExTwitter hours after publishing an article about it: In other words, he either bot boosted an article about botting, or else the botting services are giving him a freebie." You [...]
This Week In Techdirt History: February 11th – 17th
Five Years Ago This week in 2019, the EU was stalwartly moving forward with Article 13 as part of its terrible copyright directive. Trump was preparing to ban Huawei, Monster Energy lost its trademark fight with Mosta Pizza, and a lawsuit against Bloomberg brought the hot news doctrine" back into the conversation. A report showed [...]
Cop Tries To Kill An Arrestee Because Nature Happened
Cops see themselves as the roughest, toughest warriors to ever hit the mean streets. They adorn themselves with blue line" flags and Punisher logos (hilarious, that last one), gear up in military garb, wave weapons at all and sundry whilst shouting at the top of their lungs. But when it comes to doing regular police [...]
The Communication Vacuum Is Causing More Chaos As GameStop Tweets And Deletes Promo
The chaos for Xbox keeps on rolling, it seems. We were just talking about how years of muddled communication coming from Microsoft's Xbox team over exclusives and game ports to other consoles is resulting in a ton of confusion and speculation among the gaming public. The responsibility for all of this lies squarely at the [...]
Arizona Representative Has The Solution To Cyberbullying: Require Social Media To Wave A Magic Wand And Make It Go Away
Look, I'm getting exhausted trying to follow every attempt around the country (coming from both Democrats and Republicans) to pass obviously, blatantly, unconstitutional bills to protect the children on social media," that make it clear that their authors have no idea (1) how the 1st Amendment works, (2) how social media works, or (3) how [...]
Just Because Mickey Mouse Is In The Public Domain, It Doesn’t Mean The Battle To Prevent Copyright Term Extensions Is Over
The beginning of the year is a great time for the public domain, since it sees thousands of copyrighted works released from the intellectual monopoly that prevents their free creative use. Which works enter the public domain depends on the details of local copyright law, which varies around the world. But there's a liberation that [...]
The Copia Institute Tells The Ninth Circuit That The District Court Got It Basically Right Enjoining California’s Age Design Law
States keep trying to make the Internet a teenager-free zone. Which means that lawsuits keep needing to be filed because these laws are ridiculously unconstitutional. And courts are noticing: just this week a court enjoined the law in Ohio, and a different court had already enjoined the California AB 2273 AADC law a few months [...]
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Apparently Suing Non-Profits That Highlight Terrible Shit On ExTwitter Isn’t Scaring Off More Non-Profits From Reporting On Terrible Shit On ExTwitter
Last summer Elon Musk sued the Center for Countering Digital Hate (CCDH) over its report about a rise in hate speech on ExTwitter. A few months ago, he sued Media Matters for their report about how ads can appear next to neoNazi content on the site. If he thought those two SLAPP suits would intimidate [...]
Amazon Faces Class Action For Enshittifying Prime Video
Last week Amazon began charging Amazon Prime Video customers (who already pay $140 per year) an extra $3 extra per month to avoid ads that didn't previously exist. One added wrinkle: apparently Amazon also pulled Dolby Vision and Atmos audio support from Prime Video unless users pay the additional toll to avoid ads, a change [...]
FTC: Um, Those Microsoft Layoffs Contradict What It Told The Courts In Activision Blizzard Acquisition
Late last year, we discussed how the FTC had appealed the court's decision to allow Microsoft's acquisition of Activision Blizzard to move forward. I said at the time that I don't think this appeal is going anywhere, and I still don't thanks to the general toothless nature of regulators in America, but the FTC has [...]
As Predicted, Judge Dismisses Nearly All Of Sarah Silverman, Michael Chabon, And Other Authors’ Lawsuits Against OpenAI
Can't say we didn't warn everyone. Last summer we pointed out that Sarah Silverman and a bunch of other authors suing AI companies for copyright infringement seemed to only demonstrate that they didn't understand how copyright works. And, now Judge Araceli Martinez-Olguin, has dismissed most of the claims in three related cases from authors against [...]
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