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RIAA Vs. Web 2.0? Social Media and Litigation

Soulskill posted more than 5 years ago | from the onward-and-upward dept.

The Courts 41

NewYorkCountryLawyer writes "After learning that Professor Nesson's CyberLaw class at Harvard Law School has set up a Facebook page to assist in its defense of Joel Tenenbaum in an RIAA case, SONY BMG Music v. Tenenbaum, Wendy Davis of the Online Daily Examiner opines that 'Web 2.0,' and more particularly, the 'social media,' are playing an increasingly important role in RIAA litigation. We at Slashdot have already learned that principle, and have made good use of it, as have our friends at Groklaw."

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RIAA vs eating turds (-1, Troll)

Anonymous Coward | more than 5 years ago | (#26010553)

A couple weeks ago, while browsing around the library downtown, I had to take a piss. As I entered the john, Barack Obama -- the messiah himself -- came out of one of the booths. I stood at the urinal looking at him out of the corner of my eye as he washed his hands. He didn't once look at me. He was busy and in any case I was sure the secret service wouldn't even let me shake his hand.

As soon as he left I darted into the booth he'd vacated, hoping there might be a lingering smell of shit and even a seat still warm from his sturdy ass. I found not only the smell but the shit itself. He'd forgotten to flush. And what a treasure he had left behind. Three or four beautiful specimens floated in the bowl. It apparently had been a fairly dry, constipated shit, for all were fat, stiff, and ruggedly textured. The real prize was a great feast of turd -- a nine inch gastrointestinal triumph as thick as his cock -- or at least as I imagined it!

I knelt before the bowl, inhaling the rich brown fragrance and wondered if I should obey the impulse building up inside me. I'd always been a liberal democrat and had been on the Obama train since last year. Of course I'd had fantasies of meeting him, sucking his cock and balls, not to mention sucking his asshole clean, but I never imagined I would have the chance. Now, here I was, confronted with the most beautiful five-pound turd I'd ever feasted my eyes on, a sausage fit to star in any fantasy and one I knew to have been hatched from the asshole of Barack Obama, the chosen one.

Why not? I plucked it from the bowl, holding it with both hands to keep it from breaking. I lifted it to my nose. It smelled like rich, ripe limburger (horrid, but thrilling), yet had the consistency of cheddar. What is cheese anyway but milk turning to shit without the benefit of a digestive tract?

I gave it a lick and found that it tasted better then it smelled.

I hesitated no longer. I shoved the fucking thing as far into my mouth as I could get it and sucked on it like a big half nigger cock, beating my meat like a madman. I wanted to completely engulf it and bit off a large chunk, flooding my mouth with the intense, bittersweet flavor. To my delight I found that while the water in the bowl had chilled the outside of the turd, it was still warm inside. As I chewed I discovered that it was filled with hard little bits of something I soon identified as peanuts. He hadn't chewed them carefully and they'd passed through his body virtually unchanged. I ate it greedily, sending lump after peanutty lump sliding scratchily down my throat. My only regret was that Barack Obama wasn't there to see my loyalty and wash it down with his piss.

I soon reached a terrific climax. I caught my cum in the cupped palm of my hand and drank it down. Believe me, there is no more delightful combination of flavors than the hot sweetness of cum with the rich bitterness of shit. It's even better than listening to an Obama speech!

Afterwards I was sorry that I hadn't made it last longer. But then I realized that I still had a lot of fun in store for me. There was still a clutch of virile turds left in the bowl. I tenderly fished them out, rolled them into my handkerchief, and stashed them in my briefcase. In the week to come I found all kinds of ways to eat the shit without bolting it right down. Once eaten it's gone forever unless you want to filch it third hand out of your own asshole. Not an unreasonable recourse in moments of desperation or simple boredom.

I stored the turds in the refrigerator when I was not using them but within a week they were all gone. The last one I held in my mouth without chewing, letting it slowly dissolve. I had liquid shit trickling down my throat for nearly four hours. I must have had six orgasms in the process.

I often think of Barack Obama dropping solid gold out of his sweet, pink asshole every day, never knowing what joy it could, and at least once did, bring to a grateful democrat.

Re:RIAA vs eating turds (0)

Anonymous Coward | more than 5 years ago | (#26010691)

Hey, at least try to write a new story.

Re:RIAA vs eating turds (0)

Anonymous Coward | more than 5 years ago | (#26010709)

yeah, I'm tired of jacking off to this too.

Oh no! (4, Funny)

Warll (1211492) | more than 5 years ago | (#26010601)

I'm troubled! On one had we have an article by NewYorkCountryLawyer our layer superhero. On the other hand "Web 2.0" is used as if it meant something!

Re:Oh no! (0, Offtopic)

Warll (1211492) | more than 5 years ago | (#26010609)

Oh man, when will I learn. Proof read you fool!

Re:Oh no! (-1, Offtopic)

Anonymous Coward | more than 5 years ago | (#26010763)

Oysters are so beautiful, it is a shame to throw away the shells after just one meal. Re-savor the feeling of a silky succulent oyster slipping down your throat by using the shells as semen serving dishes.

Ingredients:

  • Cleaned oyster shells
  • Chilled fresh semen, the more the better
  • Ice
  • Lemon and pepper garnish

First clean the oyster shells in cold water. Do not use soap since the shell easily absorbs the nasty taste of soap. Spoon the chilled fresh semen into each shell. Serve simply on ice with just a squeeze of fresh lemon and maybe a grind of black pepper.

Chef's note: A true semen connoisseur might forgo the lemon and pepper in favor of the non-adulterated semen flavor.

Re:Oh no! (0)

Anonymous Coward | more than 5 years ago | (#26010889)

To be fair, he did put Web 2.0 in quotes, indicating that Wendy Davis used that term as if it meant something, while NYCL knew better.

This is not entirely dissimilar to using [sic] when quoting somebody to indicate a typo or other mistake made by the person being quoted.

Re:Oh no! (4, Informative)

NewYorkCountryLawyer (912032) | more than 5 years ago | (#26011037)

To be fair, he did put Web 2.0 in quotes, indicating that Wendy Davis used that term as if it meant something, while NYCL knew better.

Well let's be fair to Wendy too. I know her and she is one of the smartest and most savvy people I know. I think 'Web 2.0' can have meaning. E.g.:

"Web 1.0 = the internet prior to the end of the first internet boom; dominated by large web sites and attempts to monetize content. E.g. Google, eBay, yahoo!, Amazon".

"Web 2.0 = the internet subsequent to the end of the first boom; dominated by social networking sites and encouraging people to create their own content. E.g., MySpace, YouTube, Facebook, Twitter."

Using a Facebook page, or a blog, to do some grassroots organizing and join together with a community... is more Web 2.0 than Web 1.0.

Re:Oh no! (2, Insightful)

Psychotria (953670) | more than 5 years ago | (#26011153)

That's a pretty vague distinction Ray. Personally I hate the Web 1.0 and Web 2.0 nonsense, but I guess if it makes sense to people that is the way things will travel. Before "the web" there were places called BBSs (Bulletin Board Systems). The BBSs were actually quite like "web 2.0" and communities were born around them. Also, back in the dark ages of Web 1.0 there were heaps of communities and community sites. Linux, for a start, evolved its community during the Web 1.0 era.

I'm not deliberately trying to be critical Ray (your comments are way up in my respect-o-meter and I always value what you say). I just find this web 1.0 and web 2.0 thing difficult to grasp.

Re:Oh no! (5, Insightful)

NewYorkCountryLawyer (912032) | more than 5 years ago | (#26011205)

That's a pretty vague distinction Ray. Personally I hate the Web 1.0 and Web 2.0 nonsense, but I guess if it makes sense to people that is the way things will travel. Before "the web" there were places called BBSs (Bulletin Board Systems). The BBSs were actually quite like "web 2.0" and communities were born around them. Also, back in the dark ages of Web 1.0 there were heaps of communities and community sites. Linux, for a start, evolved its community during the Web 1.0 era. I'm not deliberately trying to be critical Ray (your comments are way up in my respect-o-meter and I always value what you say). I just find this web 1.0 and web 2.0 thing difficult to grasp.

Yeah, well look... it's no big thing. I just think that some people use the phrase to differentiate the first time around, where business people were kind of trying to apply a classic top-down kind of approach, to the second time around, where the business people realized there was more of a future in just providing a playing field, and getting out of the way.

Re:Oh no! (1)

Psychotria (953670) | more than 5 years ago | (#26011305)

Understood. That makes it all clear. I am sorry for doubting you. Regards.

Re:Oh no! (4, Insightful)

zappepcs (820751) | more than 5 years ago | (#26011373)

Use of the phrase "Web 2.0" is an interesting thing, both in lingual terms and in terms of perception. Pardon me while I now blather on for a few minutes.

Using a phrase like "new, loosely organized social groupings centered around 'virtual' meeting places accessed on the Internet, and the resulting community atmosphere" is not nearly as easy to use as 'Web 2.0'. On the other hand, 'Web 2.0' has been assigned several misleading meanings, from technical in nature, to cultural in nature. This follows on the heels of poor understanding and use of the word 'net'. It has been used as a short nic-name for "The Internet" as well as many other things. In general terms, it is most often used by laypersons when they really mean to reference "The World Wide Web". This has ruffled a few feathers in the past, and probably still does.

While these are examples of people who are technically using words and phrases incorrectly, it is unfortunately how society as a whole communicates, e.g. "hand me a kleenex please" is often heard despite the fact that there are no actual Kleenex facial tissues within 3 miles of the speaker. Most common folk need a simple moniker to refer to that amorphous and highly technical thing that connects what seems like the entire world together. The do not know the technical ramifications of what they say, they simply want to refer to that big technical thingy that gives them email in a simple manner.

They will talk about traveling by road to some destination. Technically, they should probably say travel by highway, or some technically correct term, but they will still simply say road.

While I agree that "Web 2.0" is vague enough to annoy many, it is simple enough for the majority to use when they are referring to all the new fangled, socially oriented, and flashy features of the Internet.

I try to use terms correctly because it helps to create clear communication, but I also can understand that "Web 2.0" probably won't go away for the same reasons that people will always tell mechanics that 'the car is making a funny noise' rather than give them a detailed and somewhat technical description of "a bearing rattle that only happens at 2700 rpm and only when in 3rd gear."

It is for these reasons that I don't think it is wrong for even very smart people to use the term. The common sense of the phrase is what is being conveyed usually, and no matter how awful that is, it IS what common folk understand.

Complaining about it won't stop it's use. Sorry, I don't have a skydiving analogy to go with this one.

Re:Oh no! (1)

theaveng (1243528) | more than 5 years ago | (#26013423)

Still sounds like a lot of nonsense. In the 80s I had my own personal BBS which I used to keep in touch with friends. In 1995 I converted that to a personal website to keep in touch with friends. Now in 2008 I have both the website and a facebook for keeping in touch with friends.

Where's the change that justifies a version number alternation from 1.0 to 2.0???

I'm not seeing it.

Re: BBS era (1)

TaoPhoenix (980487) | more than 5 years ago | (#26014301)

I'd call that the Beta era. It was out there, and "smarter than average" users were laying the groundwork.

Your choice of what the Alpha era was. (University nets?)

I believe I intuitively feel the change between 1.0 and 2.0. Web 1.0's frontline mascot was Pets.com and friends. "Let's nationally advertise a national website connected to a warehouse . Our business model consists of saving BrickStore rents."

The problem became that without local community integration the customer base was too volatile.

Web 2.0 improved by starting small and social. Anyone with some modest hardware outlay (say $5000) can put a few servers, a couple of T-1 lines and run some random social app. It can live in ZombieLand for years with essentially no penalty. A few perfect examples take off and graduate to the spotlight. Everything else blends into the cultural long tail. Sill neat, ... but it's time for Web 3.0. Unfortunately I'm not quite good enough to see how that will skahe loose. But my hunch it is will have something to do with loosening the Copyright cold war.

Re: BBS era (1)

theaveng (1243528) | more than 5 years ago | (#26015745)

I'm still not seeing it.

I don't see any difference between the web of 1998 versus the web of 2008. Same underlying protocols, same tendency for people to create personal websites or waste a lot of time in chats/forums, and the same favorite website (scifi.com). Things are faster (750k versus 50k) but otherwise my experience is the same for the so-called Web 1.0 versus 2.0

Re:Oh no! (1)

revoldub (1425465) | more than 5 years ago | (#26014747)

This is very well written, and interesting, I just can't think of the exact word to describe the post as a whole. I think you described it best: "Pardon me while I now blather on for a few minutes." I fail to see what exactly Web 2.0 defines. I understand it's now a newer generation of the internet, but there was no switch, it has been a gradual transition. Also, our social networking sites have just grown more user friendly, as has everything else on the internet. One of the biggest differences I see now is the widespread use of mobile internet, the social networking sites being accessible by cell phone anywhere, at any time. I'd love to say the next generation of the internet will be open source dominance, but for now I'll just be complacent with Web 2.0 Lastly, people have to agree that things like Facebook; while aren't really the most educational or positive sites, are very groundbreaking and innovative. The ways they have evolved are very progressive. First MySpace, and now Facebook has recruited so many new people to the internet, who barely knew how to use a computer before hand. Now these same people can take a picture, store it, upload it to Facebook and set it as a default pic all on the same device. All with out touching a computer. That's next-gen.

Developer Laments: "What Killed FreeBSD" (-1, Offtopic)

Anonymous Coward | more than 5 years ago | (#26010677)

The End of FreeBSD

[ed. note: in the following text, former FreeBSD developer Mike Smith gives his reasons for abandoning FreeBSD]

When I stood for election to the FreeBSD core team nearly two years ago, many of you will recall that it was after a long series of debates during which I maintained that too much organisation, too many rules and too much formality would be a bad thing for the project.

Today, as I read the latest discussions on the future of the FreeBSD project, I see the same problem; a few new faces and many of the old going over the same tired arguments and suggesting variations on the same worthless schemes. Frankly I'm sick of it.

FreeBSD used to be fun. It used to be about doing things the right way. It used to be something that you could sink your teeth into when the mundane chores of programming for a living got you down. It was something cool and exciting; a way to spend your spare time on an endeavour you loved that was at the same time wholesome and worthwhile.

It's not anymore. It's about bylaws and committees and reports and milestones, telling others what to do and doing what you're told. It's about who can rant the longest or shout the loudest or mislead the most people into a bloc in order to legitimise doing what they think is best. Individuals notwithstanding, the project as a whole has lost track of where it's going, and has instead become obsessed with process and mechanics.

So I'm leaving core. I don't want to feel like I should be "doing something" about a project that has lost interest in having something done for it. I don't have the energy to fight what has clearly become a losing battle; I have a life to live and a job to keep, and I won't achieve any of the goals I personally consider worthwhile if I remain obligated to care for the project.

Discussion

I'm sure that I've offended some people already; I'm sure that by the time I'm done here, I'll have offended more. If you feel a need to play to the crowd in your replies rather than make a sincere effort to address the problems I'm discussing here, please do us the courtesy of playing your politics openly.

From a technical perspective, the project faces a set of challenges that significantly outstrips our ability to deliver. Some of the resources that we need to address these challenges are tied up in the fruitless metadiscussions that have raged since we made the mistake of electing officers. Others have left in disgust, or been driven out by the culture of abuse and distraction that has grown up since then. More may well remain available to recruitment, but while the project is busy infighting our chances for successful outreach are sorely diminished.

There's no simple solution to this. For the project to move forward, one or the other of the warring philosophies must win out; either the project returns to its laid-back roots and gets on with the work, or it transforms into a super-organised engineering project and executes a brilliant plan to deliver what, ultimately, we all know we want.

Whatever path is chosen, whatever balance is struck, the choosing and the striking are the important parts. The current indecision and endless conflict are incompatible with any sort of progress.

Trying to dissect the above is far beyond the scope of any parting shot, no matter how distended. All I can really ask of you all is to let go of the minutiae for a moment and take a look at the big picture. What is the ultimate goal here? How can we get there with as little overhead as possible? How would you like to be treated by your fellow travellers?

Shouts

To the Slashdot "BSD is dying" crowd - big deal. Death is part of the cycle; take a look at your soft, pallid bodies and consider that right this very moment, parts of you are dying. See? It's not so bad.

To the bulk of the FreeBSD committerbase and the developer community at large - keep your eyes on the real goals. It's when you get distracted by the politickers that they sideline you. The tireless work that you perform keeping the system clean and building is what provides the platform for the obsessives and the prima donnas to have their moments in the sun. In the end, we need you all; in order to go forwards we must first avoid going backwards.

To the paranoid conspiracy theorists - yes, I work for Apple too. No, my resignation wasn't on Steve's direct orders, or in any way related to work I'm doing, may do, may not do, or indeed what was in the tea I had at lunchtime today. It's about real problems that the project faces, real problems that the project has brought upon itself. You can't escape them by inventing excuses about outside influence, the problem stems from within.

To the politically obsessed - give it a break, if you can. No, the project isn't a lemonade stand anymore, but it's not a world-spanning corporate juggernaut either and some of the more grandiose visions going around are in need of a solid dose of reality. Keep it simple, stupid.

To the grandstanders, the prima donnas, and anyone that thinks that they can hold the project to ransom for their own agenda - give it a break, if you can. When the current core were elected, we took a conscious stand against vigorous sanctions, and some of you have exploited that. A new core is going to have to decide whether to repeat this mistake or get tough. I hope they learn from our errors.

Future

I started work on FreeBSD because it was fun. If I'm going to continue, it has to be fun again. There are things I still feel obligated to do, and with any luck I'll find the time to meet those obligations.

However I don't feel an obligation to get involved in the political mess the project is in right now. I tried, I burnt out. I don't feel that my efforts were worthwhile. So I won't be standing for election, I won't be shouting from the sidelines, and I probably won't vote in the next round of ballots.

You could say I'm packing up my toys. I'm not going home just yet, but I'm not going to play unless you can work out how to make the project somewhere fun to be again.

= Mike

--

To announce that there must be no criticism of the president, or that we are to stand by the president, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public. -- Theodore Roosevelt

I've seen this work quite well (5, Interesting)

beadfulthings (975812) | more than 5 years ago | (#26010823)

...in another case that interests me a great deal, that of a blogger in the UK who received a rather heavy-handed "cease and desist" notice last July from a pair of American religious fanatics. For a few short days, this pair (who happen to be lawyers) attempted to "cease and desist" anyone who mentioned the initial notice or reposted the material they objected to. It soon became a game of legal whack-a-mole, and they apparently realized that desistance was futile. This hasn't stopped them from undertaking all kinds of other actions of questionable legality in the UK and in the US as well.

A Facebook group was formed, and interested people are able to keep in touch with what is going on. It enables group members to post to their own blogs, to sign petitions or send correspondence, and generally to assist in whatever ways they can to provide support to and to secure justice for the victims.

I had absolutely no need for, or interest in, Facebook until all this came about. Now I realize just how useful it can be for circumstances such as these.

NYCL, I hope you will continue to vex the RIAA. They deserve it.

Re:I've seen this work quite well (2, Funny)

Anonymous Coward | more than 5 years ago | (#26010881)

+1 Awesomeness for using the made up word desistance.

Re:I've seen this work quite well (2, Informative)

NovaHorizon (1300173) | more than 5 years ago | (#26010993)

wiktionary.org, and therefore google's "Define" function have it.

google's search [google.com]

Wiktionary [wiktionary.org]

Re:I've seen this work quite well (1)

mazarin5 (309432) | more than 5 years ago | (#26011481)

So... care to share a link or two on the subject?

In other news, I heard a great story the other day.

Re:I've seen this work quite well (3, Insightful)

NewYorkCountryLawyer (912032) | more than 5 years ago | (#26013195)

NYCL, I hope you will continue to vex the RIAA.

Yeah well the truth can be vexatious to a liar.

must be REALLY in the right (1)

r00t (33219) | more than 5 years ago | (#26011001)

You're giving up much to the enemy when they can read your ideas. Those ideas had better be useful, or this won't be worth the damage.

The expert was remarkably expert (1)

symbolset (646467) | more than 5 years ago | (#26011009)

Far better than I expected for an RIAA expert.

If you know anything about networking, network security and P2P, this deposition is hilarious. It's like a Monty Python skit. If you don't you can probably skip it.

Thanks to NYCL for a good read.

Re:The expert was remarkably expert (4, Insightful)

NewYorkCountryLawyer (912032) | more than 5 years ago | (#26011173)

If you know anything about networking, network security and P2P, this deposition is hilarious. It's like a Monty Python skit. If you don't you can probably skip it. Thanks to NYCL for a good read.

My pleasure. Going into it, I didn't anticipate it would be as entertaining as it turned out to be. I was really shocked at how bad this guy was. On the other hand, he's laughing all the way to the bank, with the wheelbarrows of money he's getting from peddling his "Audible Magic" software to the LAN operators he's going around threatening. He's running a protection racket. When Ohio University coughed up $60,000, plus $16,000 a year [blogspot.com] , suddenly the letters stopped. So he may not be much of a technology expert, but he's a good strong arm man.

We laugh because we dare not cry (3, Insightful)

symbolset (646467) | more than 5 years ago | (#26011449)

An element of painful truth is what makes us laugh. The RIAA story has it.

So he may not be much of a technology expert, but he's a good strong arm man.

I think he is expert. His skills might not be current, but some of his answers seem to rely on an expected lack of knowledge from you. They misdirect in various ways. He was hard put by depth of knowledge of your questioning, and that's why later questions were more forthcoming. At some point he plumbed the depth of your understanding and so at the end he mostly had his feet. under him again - IPV6 was a red herring to tell you he knew you were out of your depth at that point - but it was too late by then to take back the most damaging admissions, though he did try and muddy the water a little.

Don't underestimate him. He really is a smart guy and understands how little the best judge and juror understand about this stuff. I don't doubt they select venue and jurors for that lack of understanding if they can. He probably does have the skills to do this investigation as well as can be done with available technology, and knows how fallible his data is. Your questioning just revealed that he didn't take the trouble to do that, not that he can't. It wasn't necessary before to take the trouble. Now he knows it is, and so his customers will actually have to pay him more for the more thorough effort.

Whether the current tech makes the job possible in the narrow scope of this case is debatable, bordering on dubious, but that's not the point. The funny part is both that this quality of expert testimony is almost always good enough and that people faced with this quality of evidence most often settle, and that PHBs consider the products from this quality of engineer to be more than the snake oil they are.

Anyway, this wasn't his "A" game. If you see him again be ready for a better challenge.

I was surprised to see you not ask about clock calibration, time zones and such. I was expecting that. Maybe next time. When comparing logs from two systems an understanding of how the clocks relate to each other is important.

Completely unrelated: You are reading this from "behind a router". From your point of view all of the Internet is "behind" that router. The practical limit of how many devices can be behind that router is "all of them except your PC and the router itself". The theoretical limit is as many devices as could be constructed from the available mass. That's what he meant by "limited".

Re:We laugh because we dare not cry (2, Insightful)

NewYorkCountryLawyer (912032) | more than 5 years ago | (#26013051)

You are reading this from "behind a router". From your point of view all of the Internet is "behind" that router. The practical limit of how many devices can be behind that router is "all of them except your PC and the router itself". The theoretical limit is as many devices as could be constructed from the available mass. That's what he meant by "limited".

Now if only we can get the judges to understand this stuff.

judges to understand (1)

symbolset (646467) | more than 5 years ago | (#26017355)

I'm going to question the utility of that. A judge can learn. A juror can learn. You cannot drag up the average judge and jury and you should not hope for that. It's neither a judge nor juror's job to understand technology, nor should it be. It's the job of experts to make the utility of technology available to the common man, without the need to understand its underlying complexity. It's no more beneficial to the common person to teach him the principles of network architecture than to teach him to be a medical diagnostician or to teach him to be expert in the nuances of bankruptcy law. Noone can become expert in everything -- that's why we have experts. The job of the experts is to make the underlying complexity possible to use by designing a useful simplified interface to it. Because you bridge the gap because of your practice specialty makes you special squared and your job doubly hard. You've done well, but like me you're old and your ability to internalize new concepts is limited. It would be nice if you found a nice young tech/legal person to be your apprentice.

Getting pre-educated judges and juries is wishful thinking. I think the utility is in educating the good lawyers and hoping they don't turn to the dark side, which is bordering on fatal optimism, I know, but it's preferable to getting the knowledgable to earn law degrees and begin practice of law - that would be like pissing in the font of wisdom. You've made great strides in getting educated and I owe you a due debt both for your achievements and for much amusement in the process.

I respect and admire you. You have given me, and everybody, much benefit both in your successes and your failures. Yet I would caution you. I would prefer that you continue to be successful in your path, and so I would caution you to avoid an excess of zeal. Though your limited constituency here in geekland holds you up high, you have not and will not earn the respect of the common man. You must not let our enthusiasm lead you to believe you have the support of everyone everywhere. That road leads to Jack Thompson's fate [wikipedia.org] . You can be more moderate and modest and careful in your public expressions, and in my estimate you must if you are to continue to do well. Let us who rant and rave anonymously, like me and twitter, beat your drum for you in the most extreme cases. You need not make your case more dramatic than it is -- you are the very voice of reason against the tyranny of monopoly and madness of submission to it.

And forgive me for advocating the end of copyright and patents [abolishcopyright.com] . Although I know you don't support it, you must agree that it would end your struggle to defend people against the evil **AA monopolies. It would also put a lot of lawyers out of work. I like you, but most of us would consider that last a good thing. Yes, in the short term there would be social costs, and in the long term it would need to be reinstated again with careful limits. Still, I see no real cure but to kill the whole tree, root and branch - and start afresh with our current understanding of the risks.

Re:We laugh because we dare not cry (2, Informative)

NewYorkCountryLawyer (912032) | more than 5 years ago | (#26013089)

Don't underestimate him. He really is a smart guy and understands how little the best judge and juror understand about this stuff. I don't doubt they select venue and jurors for that lack of understanding if they can.

They seem to have done that here [blogspot.com] . They even managed to find some jurors who had never used the internet. Of course the judge recognized [blogspot.com] that the trial had been a farce and set the verdict aside.

Vexatious Blog (3, Interesting)

carlzum (832868) | more than 5 years ago | (#26011013)

When a judge in Boston recently quashed a subpoena for the names associated with IP addresses, Beckerman publicized that relatively obscure decision and advised lawyers to call it to other judges' attention. None of this has been lost on the record industry, which has asked a judge to sanction Beckerman for his "vexatious" conduct in maintaining the blog.

I'm speechless... the RIAA has the audacity to accuse a defense lawyer of inappropriate harassment because he brought legal precedents to the attention of his peers? They should be reprimanded for making such an outrageous request. I despise the term "Web 2.0", but blogs and social networking site provide a way for out-funded groups to organize and spread information. You won't beat the RIAA through traditional media and lobbying if you can't outspend them.
PS I admit I had to look up vexatious (intended to harass).

Re:Vexatious Blog (4, Informative)

NewYorkCountryLawyer (912032) | more than 5 years ago | (#26011221)

I'm speechless... the RIAA has the audacity to accuse a defense lawyer of inappropriate harassment because he brought legal precedents to the attention of his peers? They should be reprimanded for making such an outrageous request.

Agreed. Which is why I made a Rule 11 motion for sanctions against them [blogspot.com] . It appears that they find the truth to be "vexatious", too.

The __PROBLEM__ with the US Civil System (1)

omb (759389) | more than 5 years ago | (#26011913)

The __PROBLEM__ with the US Civil System is there is really no downside to filing really dumb ie frivolous and vexatious motions since costs are each party or in cause so people like the RIAA file to play to the main stream media who, puppy like quote the motion but ignore its dismissal.

Since, except that it is filed in court, the actual allegation is defamatory (it is in fact privilidged by reason of its forum) and un-constitutional if it were dismissed with an order for costs in any event, this nonsense would come to an abrupt stop and US civil actions would take half as long. The same can be said about un-preparedness and endless continuances.

Social Acceptability (0, Flamebait)

fibrewire (1132953) | more than 5 years ago | (#26011021)

Maybe I'm missing something here, but why can the RIAA and MPAA sue individuals for file sharing? Can't they just back the movie and music studios and labels out there? Whats wrong with making money from box office movies? It's not like i can download a Theater or a Concert! Those things are awesome, and they are irreplacable and not cheaply duplicatable! But come on now, putting things in a data format and giving them out to everyone and telling them not to copy it, what did they expect? Are they just angry because their business model is no longer viable? It's free enterprise, plain and simple. If someone can do the same for cheaper... What if Target went to court and said "City of Los Angeles, please give us the video records of customers going to Wal-Mart. We would like to sue individuals for shopping there since we can't stop Wal-Mart from being so cost-effective, and we're holding the DMV an DOT liable as conspirators unless you comply." Have we completely gone insane? Why do we tolerate this?

Re:Social Acceptability (0)

Anonymous Coward | more than 5 years ago | (#26015699)

>Are they just angry because their business model is no longer viable?

It's not that their business model isn't viable, it's that people are breaking the law to obtain their products for free.

It isn't a matter of competing with other companies producing similar products for less money, it's that you can't compete with free. As in, someone infringing your copyrights and obtaining it for free.

Oh, and you're an idiot: Please don't post here anymore.

RIAA vs. web2.0? (2, Interesting)

prndll (1425091) | more than 5 years ago | (#26011033)

This is an interesting sorta question in a way. Where as I see absolutely nothing about what's called "web2.0" to be ANYTHING special or unique, I find it rather puzzling and somewhat funny that so many seemingly smart people fall for this lie so easily. Many people refer to web2.0 as a new higher level of interactivity that users can achieve with a website. Personally, I see nothing that indicates any higher level of interactivity than that which existed before the web2.0 term came into existence. It is in the same league as "blogging". The plain truth is...a blog is a blog because it's labeled a blog and for no other reason. Web2.0 carries the same degree of non-sense. Now, I know many slashdot readers enjoy their blogs and fantasies found in the so-called web2.0 world so I do try not to affend (I am sorry if I do). It's just that I find all these things to be nothing more than rhetorical rubbish created to make people look as if they live on the cutting edge when the truth is likely that they live on the resulting creations of other people that actually do. That being said...I have no use for things like myspace or facebook. I am certainly no fan of the AA's. I see what they force people through. I would rather they not even exist at this point. My point (I guess) is that the only real connection that these two (RIAA and web2.0) pieces of our world have between them seem more coincidental than anything else.

mo.d dowN (-1, Troll)

Anonymous Coward | more than 5 years ago | (#26011233)

NIGGER ASSOCIATION Users With Large Their hand...she

Re:mo.d dowN (0, Troll)

Dan541 (1032000) | more than 5 years ago | (#26011519)

Congratulations on your purchase of a brand new nigger! If handled properly, your apeman will give years of valuable, if reluctant, service.

INSTALLING YOUR NIGGER.
You should install your nigger differently according to whether you have purchased the field or house model. Field niggers work best in a serial configuration, i.e. chained together. Chain your nigger to another nigger immediately after unpacking it, and don't even think about taking that chain off, ever. Many niggers start singing as soon as you put a chain on them. This habit can usually be thrashed out of them if nipped in the bud. House niggers work best as standalone units, but should be hobbled or hamstrung to prevent attempts at escape. At this stage, your nigger can also be given a name. Most owners use the same names over and over, since niggers become confused by too much data. Rufus, Rastus, Remus, Toby, Carslisle, Carlton, Hey-You!-Yes-you!, Yeller, Blackstar, and Sambo are all effective names for your new buck nigger. If your nigger is a ho, it should be called Latrelle, L'Tanya, or Jemima. Some owners call their nigger hoes Latrine for a joke. Pearl, Blossom, and Ivory are also righteous names for nigger hoes. These names go straight over your nigger's head, by the way.

CONFIGURING YOUR NIGGER
Owing to a design error, your nigger comes equipped with a tongue and vocal chords. Most niggers can master only a few basic human phrases with this apparatus - "muh dick" being the most popular. However, others make barking, yelping, yapping noises and appear to be in some pain, so you should probably call a vet and have him remove your nigger's tongue. Once de-tongued your nigger will be a lot happier - at least, you won't hear it complaining anywhere near as much. Niggers have nothing interesting to say, anyway. Many owners also castrate their niggers for health reasons (yours, mine, and that of women, not the nigger's). This is strongly recommended, and frankly, it's a mystery why this is not done on the boat

HOUSING YOUR NIGGER.
Your nigger can be accommodated in cages with stout iron bars. Make sure, however, that the bars are wide enough to push pieces of nigger food through. The rule of thumb is, four niggers per square yard of cage. So a fifteen foot by thirty foot nigger cage can accommodate two hundred niggers. You can site a nigger cage anywhere, even on soft ground. Don't worry about your nigger fashioning makeshift shovels out of odd pieces of wood and digging an escape tunnel under the bars of the cage. Niggers never invented the shovel before and they're not about to now. In any case, your nigger is certainly too lazy to attempt escape. As long as the free food holds out, your nigger is living better than it did in Africa, so it will stay put. Buck niggers and hoe niggers can be safely accommodated in the same cage, as bucks never attempt sex with black hoes.

FEEDING YOUR NIGGER.
Your Nigger likes fried chicken, corn bread, and watermelon. You should therefore give it none of these things because its lazy ass almost certainly doesn't deserve it. Instead, feed it on porridge with salt, and creek water. Your nigger will supplement its diet with whatever it finds in the fields, other niggers, etc. Experienced nigger owners sometimes push watermelon slices through the bars of the nigger cage at the end of the day as a treat, but only if all niggers have worked well and nothing has been stolen that day. Mike of the Old Ranch Plantation reports that this last one is a killer, since all niggers steal something almost every single day of their lives. He reports he doesn't have to spend much on free watermelon for his niggers as a result. You should never allow your nigger meal breaks while at work, since if it stops work for more than ten minutes it will need to be retrained. You would be surprised how long it takes to teach a nigger to pick cotton. You really would. Coffee beans? Don't ask. You have no idea.

MAKING YOUR NIGGER WORK.
Niggers are very, very averse to work of any kind. The nigger's most prominent anatomical feature, after all, its oversized buttocks, which have evolved to make it more comfortable for your nigger to sit around all day doing nothing for its entire life. Niggers are often good runners, too, to enable them to sprint quickly in the opposite direction if they see work heading their way. The solution to this is to *dupe* your nigger into working. After installation, encourage it towards the cotton field with blows of a wooden club, fence post, baseball bat, etc., and then tell it that all that cotton belongs to a white man, who won't be back until tomorrow. Your nigger will then frantically compete with the other field niggers to steal as much of that cotton as it can before the white man returns. At the end of the day, return your nigger to its cage and laugh at its stupidity, then repeat the same trick every day indefinitely. Your nigger comes equipped with the standard nigger IQ of 75 and a memory to match, so it will forget this trick overnight. Niggers can start work at around 5am. You should then return to bed and come back at around 10am. Your niggers can then work through until around 10pm or whenever the light fades.

ENTERTAINING YOUR NIGGER.
Your nigger enjoys play, like most animals, so you should play with it regularly. A happy smiling nigger works best. Games niggers enjoy include: 1) A good thrashing: every few days, take your nigger's pants down, hang it up by its heels, and have some of your other niggers thrash it with a club or whip. Your nigger will signal its intense enjoyment by shrieking and sobbing. 2) Lynch the nigger: niggers are cheap and there are millions more where yours came from. So every now and then, push the boat out a bit and lynch a nigger.

Lynchings are best done with a rope over the branch of a tree, and niggers just love to be lynched. It makes them feel special. Make your other niggers watch. They'll be so grateful, they'll work harder for a day or two (and then you can lynch another one). 3) Nigger dragging: Tie your nigger by one wrist to the tow bar on the back of suitable vehicle, then drive away at approximately 50mph. Your nigger's shrieks of enjoyment will be heard for miles. It will shriek until it falls apart. To prolong the fun for the nigger, do *NOT* drag him by his feet, as his head comes off too soon. This is painless for the nigger, but spoils the fun. Always wear a seatbelt and never exceed the speed limit. 4) Playing on the PNL: a variation on (2), except you can lynch your nigger out in the fields, thus saving work time. Niggers enjoy this game best if the PNL is operated by a man in a tall white hood. 5) Hunt the nigger: a variation of Hunt the Slipper, but played outdoors, with Dobermans. WARNING: do not let your Dobermans bite a nigger, as they are highly toxic.

DISPOSAL OF DEAD NIGGERS.
Niggers die on average at around 40, which some might say is 40 years too late, but there you go. Most people prefer their niggers dead, in fact. When yours dies, report the license number of the car that did the drive-by shooting of your nigger. The police will collect the nigger and dispose of it for you.

COMMON PROBLEMS WITH NIGGERS - MY NIGGER IS VERY AGGRESIVE
Have it put down, for god's sake. Who needs an uppity nigger? What are we, short of niggers or something?

MY NIGGER KEEPS RAPING WHITE WOMEN
They all do this. Shorten your nigger's chain so it can't reach any white women, and arm heavily any white women who might go near it.

WILL MY NIGGER ATTACK ME?
Not unless it outnumbers you 20 to 1, and even then, it's not likely. If niggers successfully overthrew their owners, they'd have to sort out their own food. This is probably why nigger uprisings were nonexistent (until some fool gave them rights).

MY NIGGER BITCHES ABOUT ITS "RIGHTS" AND "RACISM".
Yeah, well, it would. Tell it to shut the fuck up.

MY NIGGER'S HIDE IS A FUNNY COLOR. - WHAT IS THE CORRECT SHADE FOR A NIGGER?
A nigger's skin is actually more or less transparent. That brown color you can see is the shit your nigger is full of. This is why some models of nigger are sold as "The Shitskin".

MY NIGGER ACTS LIKE A NIGGER, BUT IS WHITE.
What you have there is a "wigger". Rough crowd. WOW!

IS THAT LIKE AN ALBINO? ARE THEY RARE?
They're as common as dog shit and about as valuable. In fact, one of them was President between 1992 and 2000. Put your wigger in a cage with a few hundred genuine niggers and you'll soon find it stops acting like a nigger. However, leave it in the cage and let the niggers dispose of it. The best thing for any wigger is a dose of TNB.

MY NIGGER SMELLS REALLY BAD
And you were expecting what?

SHOULD I STORE MY DEAD NIGGER?
When you came in here, did you see a sign that said "Dead nigger storage"? .That's because there ain't no goddamn sign.

Re:mo.d dowN (-1, Troll)

Dan541 (1032000) | more than 5 years ago | (#26011523)

If you want "Nigger" jokes this ones hard to beat.

I don't personally agree with it, but cant help but find it amusing.

Re:mo.d dowN (0)

Anonymous Coward | more than 5 years ago | (#26011531)

Bottle of coke $2, Bottle of jim bean $25, Forgetting to click "Post Anonymously" oh shit!

Don't pretend you posted as non-AC on purpose

Anonymous Coward (0)

Anonymous Coward | more than 5 years ago | (#26014745)

For anyone interested, there is an interview with Charlie Nesson on The Legal Broadcast Network. http://thelegalbroadcastnetwork.squarespace.com/the-lbn-blog/2008/11/21/charlie-nesson-takes-on-the-riaa.html

I am told they might be providing footage of the arguments if allowed by the court.

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