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June 2022
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Please Take A Moment To Celebrate How A Very Different Supreme Court Saved The Internet 25 Years Ago

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The terrible, awful, no good, horrible plans to regulate the internet keep coming faster and furiouser these days. So, it’s worth remembering a time back when Congress passed one of the worst laws about the internet: the Communications Decency Act. Yes, these days we talk about the CDA more reverently, but that’s only because we’re […]

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posted at: 12:00am on 30-Jun-2022
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Enjoy Digital Ownership And Public Libraries While You Still Can

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Michael E. Karpeles, Program Lead on OpenLibrary.org at the Internet Archive, spotted an interesting blog post by Michael Kozlowski, the editor-in-chief of Good e-Reader. It concerns Amazon and its audiobook division, Audible: Amazon owned Audible ceased selling individual audiobooks through their Android app from Google Play a couple of weeks ago. This will prevent anyone from buying […]

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posted at: 12:00am on 30-Jun-2022
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Dairy Queen Loses On 'Blizzard Water' Trademark Suit With W. B. Mason

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Late last year we discussed a plainly stupid trademark lawsuit brought by Dairy Queen, which makes tasty frozen snacks, and W.B. Mason which is a strange combination of furniture and grocery store. At issue was the latter’s attempt to trademark some bottled water it sells under the brand “Blizzard Water”. Notably, W.B. Mason had sold […]

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posted at: 12:00am on 29-Jun-2022
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EU Officials Finally Coming To Terms With The Fact That The GDPR Failed; But Now They Want To Make It Worse

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Ever since it came into effect, we’ve been calling out how the EU’s General Data Protection Regulation (GDPR) was an obviously problematic bit of legislation. In the four years since it’s gone into effect, we’ve seen nothing to change that opinion. For users, it’s been a total nuisance. Rather than take the big US internet […]

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posted at: 12:00am on 29-Jun-2022
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Victims' Rights Laws Abused Again To Hide Identities Of Officers Who Killed Someone

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Ten states are currently home to a version of California’s “Marsy’s Law.” This law is a “victim’s rights” law, named after a California murder victim. It was written with the intent of involving crime victims in the criminal justice process, giving them a “right” to be heard during court proceedings, choose their own representation (rather […]

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posted at: 12:00am on 28-Jun-2022
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Copyright Has Failed For Game Streaming, So Alternatives Have Emerged

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An interesting development in the digital world has been the continuing rise of gaming as a hugely popular activity, and a hugely profitable industry. Flowing from that rise and popularity, there is yet another fascinating aspect: streaming games for entertainment. The best-known example of this phenomenon is Twitch, now owned by Amazon. A new paper by […]

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posted at: 12:00am on 28-Jun-2022
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India's Government Amps Up Facial Recognition Deployment, Claims The Only People Affected Are Criminals

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Prime Minister Nahendra Mohdi’s government has apparently peered over the Great Wall of China (to pedants: figuratively, of course) and liked what it was seeing. China is the world leader in pervasive surveillance — something the government uses to shield the government from criticism and to keep the people the government considers to be undesirable […]

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posted at: 12:00am on 25-Jun-2022
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Ridiculous: Gov't Contractor Copies Open Source 3D Printing Concept And Patents It

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We’ve been talking about the importance of patent quality, and one of the points made in our podcast discussion, was that many companies felt the unfortunate need to patent something just to avoid having someone else patent it later and create problems. One thing we didn’t really get to discuss about that is that this […]

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posted at: 12:00am on 25-Jun-2022
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The Worst Reason To Brush Off Content Moderation Concerns In Antitrust Bills: Eh, The Supreme Court May Destroy 230 Anyway, So It Shouldn't Much Matter

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We’ve been highlighting the one big problem with Amy Klobuchar’s AICOA antitrust bill being that it has a trojan horse to enable lawsuit challenges over content moderation — and that this is the main reason why Republicans are supporting it. Still, with a big push to get the bills over the finish line, Adam Conner […]

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posted at: 12:00am on 24-Jun-2022
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Ed Sheeran Wins Legal Costs After 'Shape Of You' Verdict

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The saga of Ed Sheeran and the copyright case over his Shape of You song may finally be coming to a close. The case, brought by Sami Chokri, was very thin, largely centering on a two-word refrain line repeated 3 times both Sheeran’s song and Chokri’s Oh Why. Sheeran prevailed, with the court stating that […]

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posted at: 12:00am on 24-Jun-2022
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Too Little, Too Late, WTO Finally Eases Patent Rights On COVID Vaccines

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In what definitely feels like a case of way too little, way too late, the WTO last week finally decided to grant the TRIPS waiver on COVID vaccines, allowing others to make more of the vaccine without violating patent rights. The WTO has long had this ability to issue a patent waiver as part of […]

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posted at: 12:00am on 23-Jun-2022
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KOTOR 2 Released On Nintendo Switch In A State That Makes It Un-Finishable

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Video games have always had bugs at the time of their release, though there has been a trend coinciding with the uptick in digital game sales in which games seem to be published in broken states far too often and are then “fixed” with a day-one patch or something of the like. Some of these […]

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posted at: 12:00am on 23-Jun-2022
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Appeals Court Tells Police Union Its Contract Doesn't Supersede State Public Records Laws

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Cops love secrecy. When a citizen does something wrong, it’s a public record. When cops do the wrong thing, union contracts, internal policies, and multiple public records exemptions often allow law enforcement agencies to keep the public from learning about misconduct. Things have been changing, though. California recently amended its public records law, making police […]

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posted at: 12:00am on 22-Jun-2022
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Twitter Successfully Quashes Sketchy Copyright Subpoena Over Billionaire's Critic On Twitter

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You may recall that, last fall, we wrote about a truly bizarre legal fight, in which a little-followed pseudonymous Twitter account @CallMeMoneyBags had tweeted out some images of a woman, suggesting a few times that the woman was the mistress of billionaire Brian Sheth. The account put out lots of tweets generally mocking people in […]

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posted at: 12:00am on 22-Jun-2022
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This Week In Techdirt History: June 12th - 18th

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Five Years Ago This week in 2017, while Diane Feinstein was calling for Section 702 reforms and the EFF was suing the FBI for withholding NSL guideline documents, UK Prime Minister Theresa May was trying to push forward with plans to kill encryption, she and French President Emmanuel Macron were both supporting internet censorship, and […]

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posted at: 12:00am on 19-Jun-2022
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Michigan Starts Dismantling Its Forfeiture Reforms To Make It Easier To Steal Cash From People At Airports

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I guess it’s time to pay get robbed by the piper. The state of Michigan has periodically enacted forfeiture reforms, often in response to bad press or lawsuit losses. Michigan law enforcement has made the most of forfeiture privileges. Thanks to a reform passed in 2015, the public finally had access to data showing just […]

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posted at: 12:00am on 18-Jun-2022
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Wikimedia Fighting Russian Fines Over Its Content About Invasion Of Ukraine

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It’s no secret that the Russian government has been working overtime to try to block out accurate information about its invasion of Ukraine from reaching the citizenry. That’s part of why we found it so frustrating that some supporters of Ukraine sought to make it even more difficult for Russian’s to reach the wider internet. […]

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posted at: 12:00am on 18-Jun-2022
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Nintendo Shuts Down Musician's YouTube Videos Of Metroid Covers

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Nintendo’s war on its own fans’ love of Nintendo game music continues. The company has certainly made headlines over the past few years (with a big ramp up recently) by going on DMCA and threat blitzes for YouTube videos and channels that have uploaded what are essentially just the music from various Nintendo games. The […]

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posted at: 12:00am on 17-Jun-2022
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Another Drug Test Relied On By Law Enforcement Is Wrong Nearly 30 Percent Of The Time

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Field drug tests are notoriously unreliable. False positives abound. But law enforcement agencies still use them. First and foremost, they use them because no court, policy, or legislation has told them they can’t. But they also use them because they’re cheap (~$2/per), portable, and, most importantly, prone to producing false positives that allow cops to […]

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posted at: 12:00am on 17-Jun-2022
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Major League Soccer To Stream All Games On Apple TV For 10 Years

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I have talked for years at Techdirt about how the cord cutting trend, while still continuing, was going to run into a wall due to the way that major sports broadcasts have always been done through cable TV deals. I have also covered the steps, baby or otherwise, different sports leagues and teams have taken […]

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posted at: 12:00am on 16-Jun-2022
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US Judiciary Throws Taxpayers A Bone, Will Offer Free Access To PACER's Severely Broken Search Function

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The federal judiciary system has pretty much blown off taxpayers’ (and legislators’) complaints about PACER for years. The online system that was supposed to make access to court documents fair and equitable is instead a paywalled, outdated heap of barely functioning junk that charges citizens $0.10/page for questionable search results from PACER’s broken search engine. […]

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posted at: 12:00am on 16-Jun-2022
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California Bakery To Relinquish 'Mochi Muffin' Trademark After Public Backlash

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Funny what a little public shaming can accomplish. It was merely a week or so ago that we were discussing one bakery in California threatening other bakeries for using the term “mochi muffin”, for which the USPTO had somehow granted it a trademark. If you didn’t read the last post and need a quick recap […]

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posted at: 12:00am on 15-Jun-2022
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President Biden Signs Executive Order That Will Give Us A Couple Of Years Of Decent Law Enforcement Reforms

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The murder of George Floyd by Minneapolis police officer Derek Chauvin was a flashpoint for police reform efforts around the nation. Cops had been killing unarmed minorities for years but this one was so spectacularly brutal and symbolic of institutional racism (a white cop pressing his knee to a black man’s neck), it couldn’t be […]

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posted at: 12:00am on 15-Jun-2022
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Report Shows Kansas Law Enforcement Seized $21 Million From People, Most Of Whom Were Never Charged With Crimes

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A new report on asset forfeiture arrives at the same conclusions every other report on the subject has: forfeiture makes money for cops, does almost nothing to stop illegal activity, and rarely, if ever, results in criminal convictions. (via CJ Ciaramella at Reason) The new report [PDF], put together by the Americans for Prosperity Foundation […]

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posted at: 12:00am on 14-Jun-2022
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Copyright Being Used To Stifle Attempts To Preserve A Dying Language

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One of deep-seated problems with copyright is that its supporters believe everything created should be owned by someone and protected from being stolen by others. We’ve already written about how that's a bad fit for writing music, and NBC News has a fascinating story about how the same issue is plaguing a very different world - […]

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posted at: 12:00am on 14-Jun-2022
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This Week In Techdirt History: June 5th - 11th

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Five Years Ago This week in 2017, the Sixth Circuit was the latest court to say real-time cellphone location tracking is not a Fourth Amendment issue, and the Supreme Court finally decided to take up the question. Tom Cotton introduced a bill to renew Section 702 surveillance forever, just as Congress was getting pretty mad […]

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posted at: 12:00am on 12-Jun-2022
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Having True Fans Can Create A True Business

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We have written several times about the true fans idea as an alternative approach to the traditional remuneration models employed by the copyright industry players, such as publishers, recording companies and film studios. It's a simple approach: get the people who really love an artist's work to support it directly, and in advance, rather than […]

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posted at: 12:00am on 11-Jun-2022
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Trump's 'Free Speech' Social Network, Truth Social, Is Banning People For Truthing The Truth About January 6 Hearings

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In news that will surprise basically no one, Truth Social, Trump’s social network that was pitched as being about bringing free speech back and not doing any “viewpoint discrimination,” even as its terms of service promised it would be heavily moderated, is now banning users for trying to spread some “truths” about the January 6 […]

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posted at: 12:00am on 11-Jun-2022
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California Bakery Bullying/Suing Others Over Descriptive 'Mochi Muffin' Trademark It Somehow Got

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While trademark disputes regularly annoy me for a variety of reasons which I cover on this site, the most annoying ones of all are usually over trademarks that the USPTO never should have granted in the first place. Remember the Square Donuts thing? That mark was descriptive. ESPN’s “Saturday Night Football” mark? Also descriptive. Or […]

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posted at: 12:00am on 10-Jun-2022
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Last Call To Get The CIA's Training Card Game (Non Amazon Version)

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Last chance to get your boxed copy of CIA: Collect It All! Two months ago, we posted what seemed like a last call on selling out the remaining stock of our version of the CIA’s card training game (that we originally Kickstarted a few years ago). A few people complained that they didn’t want to […]

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posted at: 12:00am on 10-Jun-2022
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Taiwan Creates A New Fair Use But For Just A Narrow Sliver Of Works

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Too often we assume that copyright is something that only concerns Western nations like the US and EU. But it's important to remember that copyright has been exported all around the world. Moreover, when Western nations make copyright worse, they then try to convince other countries to adopt the same bad ideas, for example through the […]

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posted at: 12:00am on 09-Jun-2022
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Telecom Lobbyists Are About To Scuttle The Nomination Of A Popular Reformer To The FCC And Nobody Much Seems To Care

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We’ve noted for a few months how telecom and media giants are engaged in a full court press to scuttle the nomination of popular anti-monopolist and reformer Gigi Sohn to the FCC. Sohn’s broadly popular and highly qualified, so the telecom lobby has taken to running a broad smear campaign falsely accusing her of hating […]

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posted at: 12:00am on 09-Jun-2022
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Licensing Troll For Elvis Estate Seeks To Shut Down 'Elvis' Weddings In Las Vegas

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When someone mentions Las Vegas, a couple of things are likely to leap directly into your brain. Gambling and casinos, but of course. Perhaps magic shows, too. And, obviously, Elvis. Yes, the idea of Elvis-themed weddings in Las Vegas has reached trope status. But Authentic Brands Group (ABG) would like to put a stop to […]

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posted at: 12:00am on 08-Jun-2022
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Sheriff Who Claimed He Would Clean Up The Los Angeles Sheriff's Department Gang Problem Has Instead Allowed It To Thrive

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The Los Angeles Sheriff’s Department has long contended it has no gang problem. We’re not talking about the many gangs roaming the streets of Los Angeles. We’re talking about the cliques formed by deputies that identify themselves with patches, tattoos, tactics, and a general disregard for the rights of the people they serve. The LASD […]

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posted at: 12:00am on 08-Jun-2022
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Cops Continue To Make The Best Argument For Defunding The Police

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“Defund the police!” people shouted as cops continued to kill unarmed black people in ways that went far past “subjectively defensive” into “objectively racist.” Minneapolis police officer Derek Chauvin knelt on the neck of George Floyd for ten minutes, personifying 300 years of white oppression of black people. Floyd died, suspected of nothing more than […]

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posted at: 12:00am on 07-Jun-2022
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Not How Any Of This Works: Mariah Carey Sued Over Title Of Song

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You may have heard that, on Friday, Mariah Carey and Sony Music were sued by a guy named Andy Stone (pretty sure a different Andy Stone than the one who leads communications for Facebook) for allegedly infringing on his song “All I Want For Christmas, Is You.” What you might not have heard is that […]

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posted at: 12:00am on 07-Jun-2022
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This Week In Techdirt History: May 29th - June 4th

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Five Years Ago This week in 2017, things seemed pretty bad on the privacy front. Intelligence community leaks were normalizing domestic surveillance abuses, the Fifth Circuit said no warrants were required to obtain near-realtime cell site location info, and while DHS agencies were stepping up demands for social media account info from visa applicants Congress […]

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posted at: 12:00am on 05-Jun-2022
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Yet Again We Remind Policymakers That Standard Technical Measures Are No Miracle Solution For Anything

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I'm starting to lose count of how many regulatory proceedings there have been in the last 6 months or so to discuss “standard technical measures” in the copyright context. Doing policy work in this space is like living in a zombie movie version of “Groundhog Day” as we keep having to marshal resources to deal […]

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posted at: 12:00am on 04-Jun-2022
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Appeals Court Says It's Perfectly Fine For Cops To Unreasonably Extend Traffic Stops

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The Supreme Court made it pretty clear in its Rodriguez decision that pretextual traffic stops were fine, but once the pretext evaporated, it was time to cut civilians loose. We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution's shield against unreasonable […]

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posted at: 12:00am on 04-Jun-2022
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Prosecutors Lose Drug Conviction After Appeals Court Reminds Them They Can't Ignore The Presumption Of Innocence

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There are several things prosecutors can’t do when handling criminal trials. They still do them, of course. They suborn perjury. They deny defendants access to exculpatory evidence. They present junk science as actual science. And, every so often, they ignore the presumption of evidence that’s supposed to be the foundation of the American justice system. […]

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posted at: 12:00am on 03-Jun-2022
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DOJ Updates Force Policy, Creates Affirmative Duty To Intervene When Officers Violate Rights

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A little more than a week ago, the Department of Justice updated its policy regarding CFAA (Computer Fraud and Abuse Act) prosecutions. For years, the DOJ had been complicit in the punishment of security researchers for doing their jobs, reasoning that unauthorized access was the only criminal element it needed to satisfy. The guidance — […]

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posted at: 12:00am on 03-Jun-2022
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Are 'Fast Movies' Really A Substitute For The Real Thing? Or Just Good Marketing?

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There's an interesting post on the TorrentFreak blog about fast movies: These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes. While no replacement for the real thing, these edits accumulated millions of views and incurred the wrath of rightsholders, leading to the arrest of […]

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posted at: 12:00am on 02-Jun-2022
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John Deere Still Sucks On 'Right To Repair,' Despite Years Of Promises

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Not only have corporate efforts to monopolize repair resulted in a flood of proposed state and federal laws, the Biden Administration's recent executive order on monopoly power and competition urged the FTC to tighten up its rules on repair monopolization efforts, whether it's ham-fisted DRM, or making repair manuals, parts, and diagnostics hard to come by. At the […]

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posted at: 12:00am on 02-Jun-2022
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Supreme Court Makes The Right Call: Puts Texas Social Media Law Back On Hold

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Exhale. Just a little while ago, the Supreme Court put Texas’s ridiculous content moderation law back on hold. Specifically, it granted NetChoice and CCIA’s emergency application to put the law on hold, following the 5th Circuit’s decision to reinstate the law without any explanation (which came about in response to a district court’s lengthy explanation […]

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posted at: 12:00am on 01-Jun-2022
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Sony's Foray Into First Party Titles Going To The PC Market To Massively Expand

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For the past couple of years, we have been tracking Sony’s long overdue foray into making its first party titles available to the PC gaming market. Sony, famous for walling off these titles and making them Playstation exclusives, began loosening that grip in 2020. MLB: The Show suddenly appeared on other consoles (though not on […]

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posted at: 12:00am on 01-Jun-2022
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