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Rep Zoe Lofgren Continues To Improve 'Aaron's Law' Via Reddit

from the the-new-way-to-do-legislation dept

A few weeks ago, we wrote about Rep. Zoe Lofgren announcing plans to via Reddit, to introduce CFAA reform, called “Aaron’s Law.” Since then, Lofgren has taken into account numerous concerns and thoughts from various stakeholders, many of whom discussed it directly on Reddit, and has now announced a second draft, also via Reddit. While the folks at EFF note that there are still some additional improvements needed, it is, certainly, an important step forward in much needed CFAA reform.

Of course, perhaps just as important is showing how this sort of public engagement in democracy can really work. The original draft of Aaron’s Law did receive some criticism from some people (including mocking by some of our usual critics in our comments), without any hint of recognition that this is part of the process. It wasn’t introduced on Reddit because it was complete, but in order to get feedback for these kinds of future drafts. That is an important point, and other legislators would do well in paying attention. And, of course, even this is not a finished product, but another snapshot as to where the process is now, with more ability for people to weigh in.

Thank you, Reddit and everyone else who provided feedback to the original rough draft bill to reform the Computer Fraud and Abuse Act (CFAA) and the wire fraud statute – the laws the government used to unfairly prosecute Aaron Swartz. With the help of Internet freedom advocates, computer and legal experts, the draft has been revised and is available here. I have been in communication with Aaron’s father who supports this draft bill and approves of the name “Aaron’s Law.”

Like the first draft, this revised draft explicitly excludes breaches of terms of service or user agreements as violations of the CFAA and wire fraud statute. This revised draft also makes clear that changing one’s MAC or IP address is not in itself a violation of the CFAA or wire fraud statute. In addition, this draft limits the scope of CFAA by defining “access without authorization” as the circumvention of technological access barriers. Taken together, the changes in this draft should prevent the kind of abusive prosecution directed at Aaron Swartz and would help protect other Internet users from outsized liability for everyday activity.

As our discussions have continued, it is clear that many believe a thorough revision of the CFAA and substantial reform of copyright laws are necessary. I agree. “Aaron’s Law” is not this complete overhaul, but is a first step down the road to comprehensive reform. If we succeed in getting this draft bill enacted into law, it will be in honor of Aaron Swartz, and should be seen as a beginning of a concerted effort to bring reform to these broader issues. To be successful, that effort will likely take substantial time and require sustained and intense support from all of you in a push that will need to exceed our stoppage of SOPA.

I see “Aaron’s Law” as common sense fixes that should be enacted to stop the kinds of abuse Aaron was subjected to from affecting others. I intend to introduce a final version of “Aaron’s Law” as legislation soon, and in talking with my friend Sen. Ron Wyden of Oregon, I understand he wants to introduce it in the Senate as well. I will be urging my colleagues in the House of Reps to become cosponsors. The chances of success – whether for “Aaron’s Law” or other proposals – will depend greatly on the degree of positive public engagement and support to change the law. As SOPA showed, when the Internet speaks, lawmakers listen. I think with enough constructive support we can have an opportunity to pass “Aaron’s Law.”

Many thanks to all of you – Zoe

Whether or not this actually works for this bill — or whether or not this really is the full type of CFAA reform that we need (and I do think it’s as good step in the right direction), it’s fascinating to watch the process itself.

Filed Under: aaron swartz, cfaa, crowdsourcing, reddit, reform, zoe lofgren
Companies: reddit

EFF Goes To Bat For Reddit's Gay Gamers; Files Petition To Cancel Bogus 'Gaymer' Trademark

from the i've-never-heard-a-story-involving-someone-pissing-off-reddit-and-walking-aw dept

If you’re going to send out a cease-and-desist based on a dubious trademark, one of the worst places you could send it is Reddit. Nothing stirs up this site more than a direct attack on one of its communities. What might have once seemed like a slam dunk suddenly becomes a minefield, one that a certain trademark registrant is currently navigating.

Four months ago, blogger Chris Vizzini sent a cease-and-desist to Reddit directed at the r/gaymers subreddit. The term in question is “gaymer” itself, which Vizzini registered in March 2008, and which cites his online forum, gaymer.org, as the first use in commerce. (His site went live in May of 2003.) According to the registration, Vizzini’s “GAYMER” mark covers these goods and services.

Computer services, namely, creating an online community for registered users to participate in competitions, showcase their skills, get feedback from their peers, form virtual communities, engage in social networking and improve their talent; Computer services, namely, hosting and maintaining an online website for others to discuss, receive and disseminate information concerning video games; Computer services, namely, hosting on-line web facilities for others for organizing and conducting online meetings, gatherings, and interactive discussions.

The response was immediate. The first option presented was to change the subreddit’s name. Others looked to see if the trademark could even be considered valid, tracking down examples of prior use, one of them dating all the way back to 1991. Also discussed was the possibility of licensing the term for a nominal fee, the downside being that even if Vizzini did accept, it would do nothing to prevent him from pursuing others who used the word “gaymer.”

While the trademark’s description seemed to cover a large portion of Reddit’s “goods and services” (with a few notable differences), the discussion focused on whether or not Vizzini should have been able to trademark what many viewed as a descriptive or generic term.

Then, redditor richielaw informed r/gaymers that there was a third option, one which effectively tossed the ball back in Vizzini’s court and put him on the defensive.

Actually, you can fight it. We can file a petition to cancel the registration of “Gaymers” for the stated purpose. Under 15 USC 1064 you can file a petition to cancel a registration of a mark “within five years from the date of the registration of the mark, which in this instance is March 25, 2008. Further, you can file a petition at any time if the registered mark becomes the generic name for the goods or services for which it is registered.

Now, there is a fee involved ($300). The likelihood of success is hard to say given the fact that this mark has been in use for so long; however, if it can be proved that the mark is generic in nature (as it describes ALL gay gamers) or it is merely descriptive, then the mark might be cancelled…

This being Reddit, the comment thread was soon filled with redditors throwing money in the direction of richielaw and his plan to make the aggressive registrant actually defend his trademark. If nothing else, the pushback might make Vizzini think long and hard (no pun intended?) about actively alienating a large part of the very community he had been courting with his own site for the past decade.

And, as if facing the wrath of united redditors wasn’t enough, the EFF has now joined the push to have this trademark cancelled.

[I]n a petition filed with the U.S. Patent and Trademark Office (USPTO) today, the group asks the USPTO to cancel the “gaymer” trademark registration so that people around the world can continue to use the word without interference.

The Electronic Frontier Foundation (EFF) and the law firm Perkins Coie represent the Reddit gaymers – members of the lesbian, gay, bisexual, and transgendered community who have an active interest in video games…

“This registration should never have been granted,” said EFF Intellectual Property Director Corynne McSherry. “Gaymer is a common term that refers to members of this vibrant gaming community, and we are happy to help them fight back and make sure the term goes back to the public domain where it belongs.”

“Trademarks have one primary purpose: to protect consumers from confusion about the source of goods or services,” said EFF Staff Attorney Julie Samuels. “This registration isn't being used to protect consumers – it's being used to threaten free speech.”

EFF’s petition cites the same complaints the redditors discussed: that the word “gaymer” is both generic and descriptive and that it predates Vizzini’s application for exclusive use of the term (in relation to the services listed above — there’s also an unrelated Gaymer line of ciders). Whether or not the USPTO will find this argument convincing remains to be seen. Many dubious claims have made their way unscathed through the registration office in years past. The main benefit of this action is it puts the pressure on Vizzini to defend his claim to the term, something he may have no interest in doing.

Unfortunately, this is all too common — IP law being exploited to shut down speech. Vizzini most likely has no problem with what these redditors are saying, but rather where they’re saying it. In hoping to corner the market on gaymer discussion, he’s eliminated himself from the conversation.

Filed Under: gaymers, reddit, trademark

Celebrity Photographer's Archivist Connects With Fans On Reddit Instead Of Freaking Out

from the that's-how-it's-done dept

When a person’s whole job revolves around managing and licensing a catalogue of copyrights, it’s hardly surprising (if still disappointing) when they freak out about unauthorized sharing. So it’s really nice to see someone in that exact position taking the opposite tack, as recently happened when a comparative Then & Now photo of Meryl Streep (which demonstrates that she may be some kind of magical ageless faerie) shot up the Reddit charts (thanks to Andy for sending this in):

The 1979 photo is by famous pioneer-paparazzo Ron Gelella. The archive director for the company that manages his copyrights saw the image and showed up in the Reddit comments… with additional info and a link to related photos. This garnered a very positive reaction from the community:

As you can see, this prompted an AMA, which is interesting in itself, featuring lots of conversation about how the internet has changed the paparazzi business and the differences between modern paparazzi and early ones like Gelella.

I wouldn’t be surprised if all this exposure led to some print sales for the company—though what would be really cool is if they started working on some additional interesting offerings. There is apparently a huge amount of interest in Gelella’s photography and perhaps even more in his anecdotes, not to mention a lot of people who want to jump into the moral debate surrounding the paparazzi. The archivist is clearly skilled at connecting with fans, and I bet they can come up with some great reasons to buy, too.

Filed Under: archives, connect with fans, licensing, meryl streep, paparazzi, reddit, ron gelella

The Internet Puts Up A Billboard In Front Of Lamar Smith's Office: Don't Mess With The Internet

from the will-he-notice? dept

You may recall that, back in March, on a whim based on a discussion at SXSW, Alexis Ohanian and Erik Martin (from Reddit) teamed up with Holmes Wilson (from Fight for the Future) to crowdfund a billboard to go up in Lamar Smith’s district in Austin. It turns out that you internet people don’t mind paying after all, and helped fund two billboards which have now gone up in Smith’s district, including one across the street from his office in San Antonio, and a second one on “Lamar Blvd” in Austin

Oh, and Ohanian’s BreadPig is selling a “Don’t Mess with the Internet” t-shirt, where each sale will help fund Fight for the Future and its new Internet Defense League — which you should join, in part because if you do cool things to help defend the internet, they hand out totally awesome medals.

Filed Under: alexis ohanian, austin, erik martin, fight for the future, holmes wilson, lamar smith, reddit, san antonio, sxsw

A Gallery Of The SOPA Blackout Protest Screens.

from the mr-smith-takes-over-the-internet dept

Needless to say, there’s a pretty big protest going on right now against SOPA, with many sites either shuttering fully or making obvious changes in support of the protests. Leading the charge are Wikipedia, Reddit and Google. Sites like SOPA STRIKE and SOPA Blackout disseminated code to allow sites to easily join the blackout, but many sites have actually decided to take the time to tailor their protests for their own sites, which is amazing to see. It is this creative energy that drives the Internet and makes it what it is (for better or worse), and it is this very energy that legislation like SOPA and PIPA threaten to extinguish.

I’ve created a gallery of SOPA blackout screencaps, but here are some of my favorite takes on the protest today:

Reddit’s blackout is probably the most complete; all URLs, including deep links, on Reddit lead to the blackout page, which is very impressive for such a largely trafficked site. For Redditor’s going through Reddit-withdrawal today, they feature a handy countdown timer on their blackout page.

Wikipedia’s blackout encompasses all of the English site, and as evidenced by @herpderpedia (who is collecting various angry Tweets about the Wikipedia blackout), it is certainly causing some frustration (and hopefully some awareness). That said, Wikipedia’s blackout is very, very, very easy to thwart (just hit the ESC key before the page fully loads), so there’s an easy escape valve for those that are in dire need of its content. In that same vein, Craigslist’s full blackout also has a release valve that gracefully loads after a few seconds.

Google promised that it would do “something,” and followed suit with a Google Doodle, essentially blacking out its logo in protest. Several sites followed suit, including Hacker News, 4chan’s /b/ (link to a SFW screenshot), and TwitPic.

Taking the “censor-style” protest to the next level are Wired’s blackout and Daily Kos’ blackout. Wired’s coders decided to mark up the page itself with black censor boxes, so that the page looks like it’s been through the hands of some very aggressive government censors. Very clever from the design-minded folks over at Wired.

Elegant as always, xkcd’s blackout offers the simple message, “[don’t censor the web]”.

And, the most amusing blackout of the day comes from McSweeney’s (of course), who has handily replaced its site today with “A DAY’S WORTH OF FACTS TO GET YOU THROUGH WIKIPEDIA’S 24-HOUR BLACKOUT.”

Check out the full gallery here, and let me know if there are any awesome blackout implementations that I’ve missed.

Filed Under: blackout, censorship, copyright, google, pipa, protect ip, reddit, sopa, wikipedia, wired

Could Reddit Make Its Own 'Rome, Sweet Rome' And Compete With Warner Bros.?

from the legal-conundrums dept

We recently wrote about the initially cool, but eventually frustrating, story of author James Erwin, who turned a comment he made on a Reddit story into a movie deal with Warner Bros. The frustrating part came out of the news that Erwin mentioned in an interview that due to the “locked-down IP rights” common in the movie industry, he couldn’t spend more time on Reddit with the community that built up around the “Rome, Sweet Rome” story.

Now, some in our comments questioned whether Erwin even had the right to grant such an exclusive license to Warner Bros., noting both that the community helped develop part of the story and that Reddit’s terms might forbid it. Eriq Gardner, at THREsq, decided to dig into the legal question, and suggests that it’s entirely possible that Warner Bros. could not have exclusively licensed the story, and in theory anyone else could try to get the same rights from Reddit itself.

Part of it is the boilerplate language in Reddit’s terms:

“you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.”

This really is boilerplate. Look at almost any modern user-generated content platform and you’ll see similar terms. But, at the very least here, it suggests that while Erwin could offer up some rights to WB, he cannot grant them exclusively. In fact, Reddit itself could make the same movie based on this… or it could separately license the story to a competing studio. It seems unlikely that they would do that, but it certainly seems possible.

Additionally, there are still some questions about whether or not Erwin could have licensed parts of the story that were developed by others:

although Erwin undoubtedly did much of the hard work in crafting the story himself, during the genesis of “Rome, Sweet Rome,” some of Reddit’s other users made suggestions to his work that may ultimately shape the final story.

Those concepts, if they are copyrightable, might not be Erwin’s to exclusively license.

Either way, while I doubt it will happen, it certainly would be interesting and amusing to see what would happen if Reddit tried to license the same rights to a competing studio.

Filed Under: comments, james erwin, movie, reddit, rome sweet rome, terms

Warner Bros. Buys Story That Was Written In The Reddit Comments; Then Tells Author To Stop Redditing

from the wb,-you're-doing-it-wrong dept

Here’s a story that starts out great… but then gets annoying towards the end.

I know we’ve got many Redditors here, but for those who don’t spend time there, they might find this story interesting. We keep hearing stories these days about how the big movie studios are afraid to try anything particularly original when it comes to greenlighting movies — preferring these days to do remakes, adaptations or sequels, knowing that they all bring in a guaranteed audience of some kind. So it’s interesting to see (as sent in by Aaron DeOliveira) that Warner Bros. “aggressively” went after and bought the rights to a story that was written in the comments of Reddit. It started when a Reddit user asked if a modern US Marine infantry battalion could wipe out the entire Roman Empire given the modern technology they would have.

Reddit user Prufrock451, who is more commonly known as James Erwin (and is apparently an author and a “two-time Jeopardy winner”) jumped at the opportunity to dash off a bit of fiction describing “day 1” of such a modern military unit being transported to the Roman Empire. And the Redditors liked it. Big time. They encouraged, nay demanded, that he write more. So he wrote some more, and an entire Subreddit was created, called Rome Sweet Rome, with plenty of people contributing additional ideas, including graphics and a hypothetical movie poster.

And late last week, the news came out that Warner Bros. had purchased the movie rights. Of course, there’s a long way from buying the rights to actually having a movie made. I know folks who have sold movie rights only to see them languish for ages with nothing ever happening. Still, whole thing from comment to movie deal? A little over a month. When I read all that, I thought about how cool a move this was, and how it was nice to see Warner Bros. apparently being progressive on such a deal and realizing the value not just of the story but the wider Reddit community.

But then I read a little more. In an interview with Erwin on ScreenRant, Erwin admits that now that a deal has been signed he has to stop participating in the subreddit because everyone’s “lawyered-up” and worried about “locked-down IP rights.”

Unfortunately, I have not been able to spend time on Reddit. This is not because I think I?m too big for my britches now. The Internet is a chaotic, give-and-take place ? and that creates nightmares for a lawyered-up industry based on locked-down IP rights. In a perfect world, I would be in that subreddit every day ? but that?s not what?s best for the project. I want this to succeed, and that unfortunately meant going dark for a while. I hope the folks in the RomeSweetRome subreddit see this little mash note. I miss em.

Ah, what a shame. What could have been a fun, collaborative process that really involved and built on the community — who would have loved it — instead becomes a lame “lawyered-up” situation with “locked-down IP rights.” Sorry, WB, but you missed the whole point.

Filed Under: comments, james erwin, movie, reddit, rome sweet rome
Companies: warner bros.

Fark Gets Patent Troll To Settle For Nothing… Did Reddit Pay Up?

from the don't-feed-the-trolls dept

Last summer we wrote about an absolutely ridiculous patent troll, named Gooseberry Natural Resources LLC, who holds a ridiculously broad patent (6,370,535) that it claimed covered the basic concept of generating a press release online, which it then used to sue a bunch of companies who had been in business since way before the patent was issued. At the beginning of this year, we noted that Gooseberry tried to expand the definition of what the patent covered, and sued a bunch of tech sites you probably read, including Fark, Reddit, Slashdot, TechCrunch and Digg. As we noted at the time, as with most patent trolls, Gooseberry was just a shell company, and the real owners of the patent were a secret. Tragically, even with the combined investigative power of those sites, no one was able to piece together who really owns that patent.

In February, Drew from Fark explained why patent trolling is so incredibly detrimental. Unlike most other bogus lawsuits, you can’t just point out that the patent has absolutely nothing to do with your business and get the case dismissed. You basically have to go to court and spend hundreds of thousands, if not millions, of dollars to fight it. This is what makes patent trolling so successful. It’s cheaper to just pay up. In fact, patent trolls totally rely on this, because going to court is expensive for them too — and they almost always lose. So they have just as much incentive to avoid court as the folks being sued, in many cases.

So it’s awesome to hear that Drew stared down Gooseberry and got them to agree to “settle” for absolutely nothing. Even more amazing is that he convinced them to wipe out the “standard” NDA on a patent troll settlement. Almost every settlement includes an ironclad non-disclosure agreement which says you can’t say what the amount of the settlement was. This means that even if you pay nothing, they still tell the world that you “settled” and imply it was for millions and talk up how this proves their patent is valid. Not in this case:

Their patent had nothing to do with Fark. The patent troll realized we were going to fight them instead of settle, so they asked for our best offer. I said how about you get nothing and drop the lawsuit? They accepted.

Normally, we wouldn’t be able to talk about any of the details. Terms of patent lawsuit settlements are usually bound by ironclad nondisclosure agreements. NDAs allow patent trolls to extract maximum settlements from each entity they’ve filed lawsuits against – as a result no one knows who paid what. In the last round of settlement negotiations we asked to strike the NDA provision. They agreed (and to the attorneys out there reading this, I’m as baffled as you are).

Striking the NDA was crucial because I wanted to be able to tell everyone what really happened: we didn’t pay them a single dime

Unfortunately, Drew also notes that Conde Nast (the owners of Reddit) also “settled” this week, which probably means they paid something (not much), though I wonder if they were able to ditch the NDA as well. It sounds like TechCrunch/AOL is still fighting this (and hopefully will be emboldened by Drew talking publicly about getting them to back down). Still, the bigger point is how much of a toll this kind of thing takes on businesses. Fark is quite successful, but this kind of thing could have destroyed it. As someone who is too often threatened by completely bogus lawsuit threats, I certainly can understand the emotional impact these things can take on someone, which Drew discusses as well:

At any rate, this bullshiat is finally over. It was a nightmare. Imagine someone breaking into your home, then being forced to sit on the couch while their lawyers file motions over how much stuff they can take. My wife Heather said my first draft of this post sounded too angry, probably due to the fact that every third word was an f-bomb (among other things I paraphrased our best one-time settlement offer as “how about jack sh*t and go f*ck yourself”, which may be a more accurate depiction of how I really felt at the time). I won’t lie though, I was angry and I am still. Too much money was wasted on this, too many sleepless nights, too many hours away from running Fark, and all this because someone else decided that suing companies for bearing a vague resemblance to their patent (patents they don’t even appear to use themselves) is a good business model. We’re short a full-time employee thanks to these douchebags.

People who cheer on trolls and bogus lawsuits have no idea what a massive emotional impact such bogus lawsuits have on legitimate businesses. Kudos to Drew for not just standing up to one and winning in pretty much every conceivable way, but also being willing to express just what kind of emotional impact these kinds of bullshit lawsuits have on people.

Filed Under: drew curtis, fark, patents, press releases, reddit
Companies: aol, conde nast, digg, fark, gooseberry natural resources, reddit, slashdot, techcrunch

Doctor Plans To Appeal Ruling That Said Complaining About His Bedside Manner Was Not Defamation

from the this-isn't-helping-your-cause dept

We recently wrote about a court ruling against a doctor who tried to sue someone who wrote some bad reviews about the doctor’s bedside manner online. Thankfully, the court ruled that those reviews were not defamatory. The court noted that the guy posting the material was clearly not happy with Dr. David McKee, but that:

“In modern society, there needs to be some give and take, some ability for parties to air their differences…. Today, those disagreements may take place on various Internet sources. Because the medium has changed, however, does not make statements of this sort any more or less defamatory.”

Now, a smart doctor might take that lesson and move forward, and perhaps look into ways to respond reasonably to complaints. Or, there’s Dr. David McKee, who has announced that he has “no choice” but to appeal the ruling. That’s actually wrong. He has plenty of choices. For example, he could not appeal the ruling.

Amusingly, part of the reason that Dr. McKee is apparently filing the appeal is because he claims that the same guy started writing a bunch more critical messages about him online after the ruling came out. However, the guy, Dennis Laurion, insists that he hasn’t posted anything since the lawsuit began, and suggests that perhaps all of those anti-McKee posts came about because of the negative publicity associated with the lawsuit. Specifically, he notes that “there was an influx of Internet chatter about McKee after a link to a story about McKee appeared on the high-traffic website reddit.com.” So what next? Will Dr. McKee try to sue a bunch of Reddit posters too? I’m sure that will go over well…

Filed Under: comments, defamation, doctor, reddit

Actor Finds Tons Of New Fans Who Didn't Even Know They Knew Him: Go Talk To People On Reddit

from the connecting-with-fans dept

Wes sends in a very cool example of someone figuring out a unique way to connect with fans (and giving them some reasons to buy). Character actor, Stephen Tobolowsky, has appeared in a ton of movies and TV shows and many people probably recognize him, but have no idea who he is. For example, he played Ned Ryerson, the insurance salesman in Groundhog Day. Anyway, he’s writing short fiction stories and figured he might as well play up his “who is that guy?” style of fame on Reddit and put up an “ask me anything” (AMA) post at Reddit that also linked to his works on Amazon (which he’s also offering cheaply at $1.99 a pop). And then, of course, he stuck around and answered a bunch of questions. It’s simple, yes, but it’s a great example of someone connecting with fans while including a neat little reason to buy as well.

Filed Under: connect with fans, reddit, stephen tobolowsky