March 26, 2017

Archives for April 2013

Dear Craig: Voluntarily Dismiss with Prejudice

[Cross-posted on my blog, Managing Miracles]

Last summer, Craigslist filed a federal lawsuit against the company Padmapper (and some related entities). Padmapper.com is a site that, among other things, allows users to view Craigslist postings on a geographical map. It is a business premised on providing value added services to Craigslist postings — with some of that added value going back to Craigslist in the form of more users. Craigslist did not like this, and alleged a host of claims — seventeen of them, by the time they were done with the “First Amended Complaint” (FAC). Among their claims were alleged violations of copyright, trademark, breach of contract, and — surprisingly — Computer Fraud and Abuse Act (CFAA). The CFAA claims were not in the original complaint (they showed up only in the September 2012 FAC). Today, the judge ruled that some of the claims would be dismissed, but that many would survive.

I am still at a loss about why Craigslist is taking such a scorched earth tactic against a site that appears to help more people find Craigslist postings. Sure, they’re looking to make money while doing it, but that’s how much of the internet business ecosystem works. I’m particularly shocked, because Craig Newmark has been at the forefront of fighting for so much good online policy. We’ve met a few times, including the period when he was embroiled in the fight over whether or not “adult services” would do away with his CDA 230 intermediary liability. He was on the right side of SOPA/PIPA and helped to fight against over-expansive copyright. I’ve always found him to be personally friendly, thoughtful, and savvy about what makes the internet work.
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Copyrights, Fundamental Rights, and the Constitution

There was a lot to take issue with in Scott Turow’s recent op-ed in The New York Times. Turow, who is currently President of the Authors Guild, took to The Times to criticize the Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons, which brought physical books manufactured and sold abroad within the protective scope of copyright’s first sale doctrine. Turow cast the Court’s decision as another blow to authors’ rights, which, by his account, are being pitilessly washed away by the digital tides. He blames the usual suspects: e-books, Amazon.com, pirates, Google, and—this last one may surprise you—libraries. The coup de grace, he asserted, will be the extension of first sale rights to digital copies of books. (It may comfort him to know that the possibility of that happening is more remote following Redigi’s recent defeat in federal district court.)
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Are There Countries Whose Situations Worsened with the Arrival of the Internet?

Are there countries whose situations worsened with the arrival of the internet?  I’ve been arguing that there are lots of examples of countries where technology diffusion has helped democratic institutions deepen.  And there are several examples of countries where technology diffusion has been part of the story of rapid democratic transition.  But there are no good examples of countries where technology diffusion has been high, and the dictators got nastier as a result.

Over twitter, Eric Schmidt, Google CEO, recently opined the same thing.  Evgeny Morozov, professional naysayer, asked for a graph.

So here is a graph and a list.  I used PolityIV’s democratization scores from 2002 and 2011.  I used the World Bank/ITU data on internet users.  I merged the data and made a basic graph.  On the vertical axis is the change in percent of a country’s population online over the last decade.  The horizontal axis reflects any change in the democratization score–any slide towards authoritarianism is represented by a negative number.  For Morozov to be right, the top left corner of this graph needs to have some cases in it.

Change in Percentage Internet Users and Democracy Scores, By Country, 2002-2011

noexamples

Look at the raw data.

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