blog.shrub

My new Trek bike came with not one, not two, but three warning stickers. They difficult to read, state only the obvious, help no one, and leave an annoying, gooey mess when you remove them.

I wonder if bikes in other countries have to be covered with crap like this.

Wendy Seltzer, a former EFF attorney and current professor at Brooklyn Law School, posted a clip of the NFL’s copyright notice to YouTube as an example of fair use.

Pursuant to the DMCA, the NFL’s bots find the clip and send YouTube a takedown notice. Wendy then sent a counter-notification and YouTube reposted the clip.

Guess what?

The NFL took the clip down again, sending another takedown notice instead of following proper procedure:

The DMCA way for NFL to challenge that, per 512(g)(2)(C), would be to “file[] an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material,” which they haven’t. Sending a second notification that fails to acknowledge the fair use claims instead puts NFL into the 512(f)(1) category of “knowingly materially misrepresent[ing] … that material or activity is infringing.”

What next?

MoveOn is organizing a net neutrality awareness campaign. Sign the petition to the US Congress asking for meaningful and enforceable network neutrality:

I signed this petition, along with 250,000 others so far. This petiton will be delivered to Congress before the House of Representatives votes next week. When you sign, you’ll be kept informed of the next steps we can take to keep the heat on Congress.

Snopes.com, which monitors various causes that circulate on the Internet, explained:

Simply put, network neutrality means that no web site’s traffic has precedence over any other’s…Whether a user searches for recipes using Google, reads an article on snopes.com, or looks at a friend’s MySpace profile, all of that data is treated equally and delivered from the originating web site to the user’s web browser with the same priority. In recent months, however, some of the telephone and cable companies that control the telecommunications networks over which Internet data flows have floated the idea of creating the electronic equivalent of a paid carpool lane.

If companies like AT&T have their way, Web sites ranging from Google to eBay to iTunes either pay protection money to get into the “fast lane” or risk opening slowly on your computer. We can’t let the Internet—this incredible medium which has been such a revolutionary force for democratic participation, economic innovation, and free speech—become captive to large corporations.

Politicians don’t think we are paying attention to this issue. Together, we do care about preserving the free and open Internet.

Boing Boing points us at a New York Times piece and blog entry from OK Go’s Damian Kulash on the futility of DRM:

From the blog:

DRM just flat out sucks.

Its most obvious problem is that it doesn’t work. No matter how sophisticated the particular software, it only takes one person to break it, once, and the music that was “protected” by the DRM is free to roam the vast expanses of the P2P networks. It’s the most ridiculous house-of-cards model imaginable: one single breech and the whole system implodes. As if to underscore the superlative absurdity of their goal, the lightbulb-heads also managed to cook up software that is comically easy to break. Way to go, guys.
…
s I understand it, EMI decreed that all of its labels (including our label Capitol) would be required to copy protect all of their releases starting on the day of our album’s release. When I heard this, I fucking lost it. Not only did our label want to make a gigantic business mistake across the board, but we, apparently arbitrarily, were chosen to be at the prow of the crashing ship. Guinea pigs, as it were.

And the more tempered Times piece:

Conscientious fans, who buy music legally because it’s the right thing to do, just get insulted. They’ve made the choice not to steal their music, and the labels thank them by giving them an inferior product hampered by software that’s at best a nuisance, and at worst a security threat.

Ssomeone called me last week and asked what do about his 16-month-old monitor that had just died. He had already shown it to a dealer, and the dealer told him there would be a $500 minimum charge.

Since monitors aren’t something you can easily troubleshoot or repair, i started think about ways to avoid paying the money.

1. If the product is just out of warranty, and it has previously been repaired, you may still be covered due to warranty tolling. the idea here is that for every day your product is in the shop being repaired, your warranty is extended by a day. As far as I can tell, warranty tolling exists in a few US states (California, Tennessee, Connecticut) and Mexico. The relevant sections of the California Civil Code are 1795.6 and 1795.7:
   

   1795.6. (a) Every warranty period relating to an implied or express warranty accompanying a sale or consignment for sale of consumer goods selling for fifty dollars ($50) or more shall automatically be tolled for the period from the date upon which the buyer either (1) delivers nonconforming goods to the manufacturer or seller for warranty repairs or service or (2), pursuant to subdivision (c) of Section 1793.2 or Section 1793.22, notifies the manufacturer or seller of the nonconformity of the goods up to, and including, the date upon which (1) the repaired or serviced goods are delivered to the buyer, (2) the buyer is notified the goods are repaired or serviced and are available for the buyer’s possession or (3) the buyer is notified that repairs or service is completed, if repairs or service is made at the buyer’s residence.

   (b) Notwithstanding the date or conditions set for the expiration of the warranty period, such warranty period shall not be deemed expired if either or both of the following situations occur: (1) after the buyer has satisfied the requirements of subdivision (a), the warranty repairs or service has not been performed due to delays caused by circumstances beyond the control of the buyer or (2) the warranty repairs or service performed upon the nonconforming goods did not remedy the nonconformity for which such repairs or service was performed and the buyer notified the manufacturer or seller of this failure within 60 days after the repairs or service was completed. When the warranty repairs or service has been performed so as to remedy the nonconformity, the warranty period shall expire in accordance with its terms, including any extension to the warranty period for warranty repairs or service.

   …

2. If you purchased the product on your credit card, you may be in luck. many credit card companies will double the warranty, up to an additional year. check with your credit card company; they may cover the cost of the repair.
3. Check with your insurance company. if you have homeowners or renter’s insurance, you may be covered. you may need a personal articles rider on your policy to cover this sort of thing. they’re cheap, however — mine costs $50/year and well worth it.

Since January 2004, the US-VISIT program has apprehended nearly 1,000 people. Out of 44 million. At a cost of $15 billion.

That’s $15 million per bad guy caught.

Cory Doctorow has a great op-ed in The Toronto Star about the harm done by bad copyright laws. There’s sizzle with this steak, too:

Musicians want to be remembered as “the guy who wrote the song you lost your virginity to,” not “the guy who wrote the song you lost your hard drive to.”