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Comment Re:TL;DR (Score 2) 96

While that's true, LJ isn't the editor or the moderator yet they're the ones being sued.

That's the point, though: By exercising so much control over their moderators they effectively BECAME the moderators. The moderators became agents of the principal, and their actions became attributed to the principal, hence the DMCA safe harbor no longer applies because it's not a third party doing the posting.

Comment TL;DR (Score 3, Informative) 96

It's not that sites that use moderators can lose their safe harbor protection, but rather sites that give too much direction as to how to moderate AND where moderators exercise prior restraint such that no post goes up without having been reviewed by a moderator, can cause said moderators to be viewed as agents of the sites they moderate for rather than uninvolved third parties (and hence the Safe Harbor no longer applies).

In this case, moderators for a Livejournal community knowingly used photographs that were clearly watermarked such that any reasonable person would know they were copyrighted and they had no fair use rationale for posting them. Because Livejournal provides such explicit direction to moderators, and these moderators held posts for review, there is no way they couldn't have known what they posted, and they thus appeared to do so on behalf of Livejournal.

Communities that don't want to run into this problem simply need to avoid giving too much direction to moderators (since that could be viewed as exercising arbitrary control over them such that they are your agents), don't exercise prior restraint or otherwise hold comments for review, and remove infringing content when you become aware of it.

If you want the real story without the hyperbole and clickbait, try reading the actual fucking ruling.

Comment Re:As unpopular as it will be to hear... (Score 1) 161

At the end of the day it comes down to being able to use the software. If a product works, whether it's open source or not, you'll use it. When both open source and proprietary products are equally buggy and for the same reasons, we shouldn't be so quick to dismiss either one. Instead, we should carefully investigate what's available and choose what actually works. For most consumer needs, open source will still get the job done, bugs and all. For more specialized needs, proprietary may be the only game in town.

Sometimes fanboys need to be reminded that there's still no silver bullet.

Comment As unpopular as it will be to hear... (Score 5, Interesting) 161

...they're quite right. Open Source is not magic pixie dust. As long as software is made with the same broken techniques, the same broken tools, by the same broken people, it will continue to be just as broken as proprietary software. I think after a decade and a half of pro-FOSS FUD it's finally gotten to the point where people are ready to admit that the promise of FOSS has fallen well short of the mark due primarily to a lack of market incentives to ensure software is produced using best current engineering practices.

Consequently, whatever your particular need, you may find that a FOSS application fits the bill where a proprietary one wouldn't, or vice versa. It just depends on exactly what functionality you want, and there's no hard and fast rule to guide you. You literally are forced to try different packages, see which ones are buggy, and then pick the one that's right for you.

Comment ATTENTION, CITIZEN! (Score 4, Funny) 104

The Computer has identified this thread as containing FAKE NEWS and other ungoodthinkful Hatefacts. This thread is therefore terminated. All readers are ordered to report to Room 101 for re-education. Failure will reuslt in a declaration of being PROBLEMATIC and sentence to six months of hard nagging.


Comment Re:lower your phone bill (Score 1) 615

You know, it's odd, but I can't find any artifacts relating to PC Pursuit online. I figured someone would've preserved a list of dialups, documentation, or something, but a while back when I went looking I found nothing. It's one of those chapters of BBS history that seemingly has been forgotten.

Comment Re:Do the right thing - stand against Trump's bigo (Score 1) 952

If it weren't for German immigrant scientists (many undocumented, some Nazis) in the US during WWII, you'd be writing that in Japanese and you wouldn't be writing it from your iPhone...

Those "German immigrant scientists" you're referring to were largely brought over AFTER the war was over in Operation Paperclip. The Japanese military lost when they failed to destroy the American aircraft carriers that were supposed to be at Pearl Harbor.

TL;DR - You're bigoted and ignorant.

Comment Re:Key Phrase (Score 1) 952 opposed to Imperious Leader Obama whose SCOTUS ruled that they could tax people to implement the so-called Affordable Care Act, despite it being well outside the realm of powers granted to Congress by the Constitution. But please, tell me more about how it's okay when the other side does it... oh, or tell me how it wasn't okay when they did it, but we totes have to obey the law while they don't, because I totally haven't heard that before.

If you want people to respect the Constitution, EVERYONE has to respect the Constitution. Either we are a nation of laws that apply to all or heads are going to roll. This is what you get when one group of people run roughshod over the rest of the country for over a century, so don't act surprised.

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