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stories filed under: "responsibility"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
responsibility, suing, texting, walking



The No Responsibility Society: Suing Because Your Daughter Is Texting So Much She Didn't Notice The Open Manhole

from the houston,-we-have-a-problem dept

A bunch of folks have been sending in various versions of this story -- and I have to admit, it sounds so ridiculous that it reads like an urban legend. I was hesitant to even write about it at first, but with so many mainstream media sources covering it, perhaps it really did happen. Basically, a girl who claims she was so focused on text messaging while working fell into an open manhole in Staten Island. Now, that should be embarrassing enough, but the really crazy part is the claim that the girl's parents are planning to sue the city for not adequately protecting their daughter from herself. At least they're not suing the mobile carrier or mobile device maker as well...

108 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
censorship, responsibility, unintended consequences



Should Internet Censors Be Responsible For Breaking Stuff?

from the important-questions dept

In the wake of the UK Internet Watch Foundation's block of a particular Wikipedia page for what it claimed was illegal child pornography, and the group's subsequent reversal of that decision, the EFF is now asking will IWF be held responsible for the unintended consequences of its unregulated ability to ban websites? In this case, the action lead to a chain of events that blocked a significant number of UK Wikipedia users from being able to edit any page on the site. The EFF points out that the IWF's reversal on the ban was for all the wrong reasons: rather than it being because the image was old or widespread -- the group never should have put up the ban in the first place, recognizing that Wikipedia's open group review process is a lot more effective than IWF's arbitrary and secretive process.

14 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
liability, nude photos, responsibility, steve dallas

Companies:
mcdonalds



Is It McDonald's Responsibility To Stop Nude Photos From Getting Online?

from the questions,-questions,-questions dept

I originally saw this story Sunday night, about a guy suing McDonald's over naked photos of his wife showing up online after he accidentally left his phone (which contained the photos) at a McDonald's. I didn't write anything up because, while the story is attention-getting, there didn't seem to be much to say about it. However, we've had more people submitting it than just about any story I've ever seen -- so apparently folks think it's worth discussing here.

One point raised by numerous submitters is the question of liability. The guy is suing McDonald's specifically, along with various employees from the franchise where he left his phone. However, it's unclear why this should be McDonald's responsibility specifically. If the guy had left the phone on a bus, would it have been the bus company's liability? It seems like yet another example of something I've referred to as a Steve Dallas lawsuit, named after the character in the old comic strip Bloom County, who once suggested that a paparazzi photographer who was beat up by a celebrity (I think it was Sean Penn in the comic strip) sue camera-maker Nikon, since that was the company with the most money -- despite it not really being involved. The same thing seems to be at work here. The guy is suing McDonald's for $3 million.

Yes, I'm quite sure it sucks to have discovered his wife's naked photos online, and I'm sure it was embarrassing. But, isn't part of the problem the guy's own fault for (a) not protecting the content on his phone and (b) forgetting the phone in the first place? Shouldn't he take some responsibility for his actions, rather than suing a company that basically had nothing to do with the issue (other than being the place where the guy carelessly lost his phone) for $3 million?

100 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
bullying, cyberbullying, ireland, liability, responsibility



Politicians Still Trying To Outlaw Being A Jerk

from the it's-not-going-to-work dept

Reader eoinmonty writes in to let us know that Irish politicians are pressuring mobile phone companies to stop mobile phone bullying, and saying that if the companies can't do so, they'll be forced to put in place laws that require them to stop bullying. The whole thing is rather ridiculous, and, as one phone company rep accurately pointed out: "It is unrealistic and unfair to expect mobile phone operators to solve what is a broader societal problem." Indeed. It seems as if politicians think that somehow the mobile operators can just snap their fingers and stop undesired activity. They can't. And, to let them in on a little secret: even passing a law won't do much to help. People are going to be bullies -- and passing a law or asking the mobile phone companies to hold back the tide won't do much to stop them.

39 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
blame, business models, economics, itunes, piracy, responsibility

Companies:
apple, nbc universal



NBC Universal Now Says It Should Be Apple's Responsibility To Stop Piracy

from the oh-please dept

Sometimes you wonder how the folks at NBC Universal get anything accomplished, when they seem totally unable to accept responsibility for the market challenges they face, and demand that everyone else fix NBC Universal's business model problems. Remember, NBC Universal has been the main supporter of the idea that ISPs should be responsible for stopping any unauthorized transfer of content. But why take chances on having just one outside party prop up your business model?

Now, NBC Universal's "chief digital officer," George Kliavkoff, is saying that it should be Apple's responsibility to stop unauthorized usage by building special antipiracy filters into iTunes. Yes, iTunes -- the service that plenty of people use in order to legally purchase content. However, since iTunes is also the connection that most people use to manage their iPod content, NBC Universal thinks Apple should somehow block the ability to get non-authorized material onto the iPod. How would they do that? How would they know that a song is authorized vs. legally ripped? Don't bother asking tough questions like that. After all, if NBC Universal actually knew how to answer them, it wouldn't be telling everyone else that they're required to fix NBC Universal's broken business model. And, of course, it apparently hasn't occurred to NBC Universal execs that if Apple actually agreed to this (which seems extremely unlikely), it would just push people to jump to other solutions to manage their music, such as Songbird.

Kliavkoff then goes on to say: "It's really difficult for us to work with any distribution partner who says 'Here's the wholesale price and the retail price,' especially when the price doesn't reflect the full value of the product." Note the careful choice of words here. Remember, we were just discussing how the entertainment industry is trying to appropriate all value that is associated with content (even if that value is because of some other vehicle) back to the content owner. Kliavkoff's statement also shows a confusion over the difference between price and value -- and because of that he seems to be assigning all the value to the content and almost none to the service and technology Apple provides (sound familiar?). Coming from a "chief digital officer" that seems troublesome for the company's digital strategies. Then again, perhaps it shouldn't be a surprise. Companies that have a "chief digital officer" are already in trouble because they're sectioning off "digital" as if it's some separate function, rather than a key component that will impact all aspects of the business.

24 Comments | Leave a Comment..

 
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Older Stuff

Friday

2:14pm: Norwegian Band Told It Can't Post Its Own Music To The Pirate Bay, Even Though It Wants To (24)
1:08pm: If You Only Share A Tiny Bit Of A File Via BitTorrent, Is It Still Copyright Infringement? (79)
12:00pm: UK Digital Economy Bill As Bad As Expected; Digital Britain Minister Flat Out Lies About ISP Support (24)
10:57am: NPR's Daniel Schorr Blames The Internet For Ft. Hood Shootings (35)
9:49am: No, ACTA Secrecy Is Not 'Normal' -- Nor Is It A 'Distraction' (28)
8:33am: Murdoch's The Times Accused Of Blatant Copying, Just As It Tells The World You Should Pay For News (27)
7:15am: Copyright Extension Moves To Japan (24)
5:46am: Canadian Ebook Store Offers 'Free' Public Domain Ebooks -- Claims Copyright Says You Can Only Make 1 Copy (25)
4:01am: There Are Lots Of Ways To Fund Journalism (14)
1:49am: Winner Takes All, Long Tails And The Fractilization Of Culture (10)

Thursday

10:37pm: The Lobbyists' Ability To Control The Message (29)
8:11pm: In Going Free, London Evening Standard Doubles Circulation While Slashing Costs (27)
6:10pm: Senate Exploring Med School Profs Putting Names On Ghostwritten Journal Articles In Favor Of Drugs (22)
4:52pm: What Does It Say When A Comedy Show Does More Fact Checking Than News Programs? (56)
3:33pm: Nordic Music Week: Optimism Galore And Found Songs (11)
2:10pm: Would Top Sites Really Opt-Out Of Google Based On A Microsoft Bribe? (37)
12:57pm: Intel Lawyers Again Go Too Far In Trademark Bullying (24)
11:43am: Mandelson Wants Gov't To Have Sweeping Powers To Protect Copyright Holders (40)
10:47am: Once Again, Walmart Stops People From Printing Family Photos Due To Copyright Law Claims (42)
9:39am: Essayist Writes Popular Essay... Then Sends 'Non-Negotiable' Invoice To Church Who Posts It Online (61)
8:23am: ASCAP, BMI And SESAC Continue To Screw Over Most Songwriters: 'Write A Hit Song If You Want Money' (78)
7:07am: Kicking People Off The Internet Not Enough In South Korea, Copyright Lobbyists Demand More (26)
5:33am: Are The Record Labels Using Bluebeat's Bogus Copyright Defense To Avoid Having To Give Copyrights Back To Artists? (42)
3:53am: Larry Magid Calls For News Tax To Fund Failing Newspapers (29)
1:35am: Judge Says 'There's An Ad For That...' And It's Ok For Now (14)

Wednesday

11:01pm: Oh Look, Some Police Do Know How To Use Craigslist As A Tool (8)
8:43pm: Netherlands The Latest To Propose Mileage Tax That Requires GPS For Tracking Driving (30)
6:40pm: Spain Says Broadband Is A Basic Right (12)
4:22pm: Entertainment Industry Wants More People To Know About OpenBitTorrent Tracker (25)
3:00pm: It's The TSA, Not CSI: Actions Limited To Security, Not Crime Investigation (25)
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