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Fallacies were and still are a pet favorite of mine. I had the good fortune to have had a wonderful professor for symbolic logic and I tutored the subject for a year in college. Any clear thinker much less a good lawyer avoids fallacies like the plague. Supreme Court in the landmark—and highly predictable— MGM et al v. Grokster et al copyright ruling. Glad we got that sorted out. Unfortunately, the industry took that bait. The only solution is a blanket license that permits students to get unrestricted music and movies from sources of their choosing. The recording industry grants blanket licenses for unlimited downloads to subscription services; Therefore, the recording industry should grant blanket licenses to universities to legalize the unlimited downloads students already enjoy.

This has the ring of truth, yes? This allows him to lead the unsuspecting mark to the conclusion the writer wants to foist on readers without having to go through that nasty step of dealing with facts. No students are interested in tethered downloads, they want permanent downloads.

And the context of the editorial is that it is criticizing the Congress for inquiring into what the universities are doing about permanent downloads. The whole point of the editorial is what to do about permanent downloads. The same is true of webcasting or any other legitimate licensed service. No such accounting system exists in the wild and wooly world of illegal p2p, so even if there were to be a per user fee, it could not be allocated to copyright owners.

If you know even a little bit about the way online services price and for what kinds of transmissions, you will see through this fallacious reasoning immediately. Otherwise, such writing only goes to confuse the issues. Now for my favorite: The Fallacy of the True Glaswegian. Our universities have far better things to spend money on than bullying students. Artists deserve to be fairly compensated, but are we really prepared to sue and expel every college student who has made an illegal copy?

No one who takes privacy and civil liberties seriously can believe that the installation of surveillance technologies on university computer networks is a sensible solution. Therefore: 3 Angus is not a True Glaswegian. Therefore: 4 Angus putting sugar on his porridge is not a counter-example to the claim that no True Glaswegian puts sugar on his porridge.

1. Don't study grammar too much

Therefore: 4 Christian is not a counter-example to the claim that no True Civil Libertarian can hold such beliefs. It is an attempt to confuse through words or deeds that which really occurred. Not clear. Why file a lawsuit? Why not just send a counternotice? What about this particular case is unlike the all the others? Fair enough.

What does that assertion prove? And Google bought YouTube for one reason and one reason only— money. The fact that users post for reasons that have nothing to do with money misses the point that the people who encourage them to post, and who know that the users are posting massive amounts of illegal content, are only doing it for money.

Kind of like let them eat ringdings. This scam is actually better than the Grokster scam that the EFFluviati loved so much—this one brings untold riches to the mall. By necessity, copyright rules in new-technology settings are flexible and imprecise. They allow creators of new technologies to experiment with design and implementation. They excuse small, innocent mistakes.

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But that flexibility cannot be entrusted to people or companies that knowingly exploit loopholes. The question of exactly which precautions the law should demand of Grokster and related services was a difficult one. What appears to be lost on Google is that Lessig and his fellow travelers did a brilliant job of articulating the losing argument in Grokster and did so—I would argue—because they skipped over the funamental step that the defendants were outside the norms of society. Although apparently not outside the norms of the EFFluviati.

By necessity, copyright rules in new-technology settings are flexible and imprecise….

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The question of exactly which precautions the law should demand of YouTube and related services was a difficult one. Enter your email address to follow this blog and receive notifications of new posts by email and the MTP Monthly Newsletter. Sign me up! Data is the new exposure.

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What a joke. Like this: Like Loading Read that Cuban blog. August 4, Editor Charlie Comments off. Fred von Lohman of the Electronic Frontier Foundation treats us to the workings of his mind in this post to the Los Angeles Times opinion blog where he claps on one and three regarding the desire of the creative community to extend the digital performance right to terrestrial radio.

You see—we protect creators who do not necessarily serve the public good and the public good is in fact served by virtue of that protection. Did the Lascaux cave artists demand an extra bone from the tribe before they did their work?

Did Homer give us oral history because he wanted money for it? Is all creativity based on economic incentives? I rather doubt it. Oh, no. Artists are still going to have to protect their rights through private litigation because God forbid a U. Attorney should dirty their skirts on something so uninteresting as protecting our culture.

I can safely say that I would easily trade a public performance right on terrestrial radio for a robust protection of copyright by the government because I know that the abject and pathetic failure of our government to protect us from theft while they extract our taxes is never going to change. But why stop with the rather arcane right of public performance on terrestrial radio. Now they want to get rid of the performance right in digital transmissions altogether. Let artists work for tips or make artists work for tips more accurately.

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June 17, Editor Charlie Comments off. I often say that there are two things that hold societies together: Moral lessons learned as a child, and the promise of swift and certain punishment. I must live under a rock. Anyone who has taken a high school or college English composition class remembers studying logical fallacies. This would have been the part where they taught you how to separate the horse from the horse EFFluvia in advertising, political speech and editorials.

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