If you wanted more bad reviews than you could shake a legally-unenforceable clause at, you’d do this:
[Windermere Cay’s] Social Media Addendum, published here, is a triple-whammy. First, it explicitly bans all “negative commentary and reviews on Yelp! [sic], Apartment Ratings, Facebook, or any other website or Internet-based publication or blog.” It also says any “breach” of the Social Media Addendum will result in a $10,000 fine, to be paid within ten business days. Finally, it assigns the renters’ copyrights to the owner—not just the copyright on the negative review, but “any and all written or photographic works regarding the Owner, the Unit, the property, or the apartments.” Snap a few shots of friends who come over for a dinner party? The photos are owned by your landlord.
The Florida apartment complex claims the stupid clause is needed to prevent “unjust and defamatory reviews.” It makes this claim — not in a statement given to Ars Technica (which was tipped off by a resident) — but in the introductory paragraph of the Addendum. From there it gets worse. Doing any of the following triggers a $10,000 fine, with $5,000 added on for each additional “infraction.”
This means that Applicant shall not post negative commentary or reviews on Yelp!, Apartment Ratings, Facebook, or any other website or Internet-based publication or blog. Applicant agrees that Owner shall make the determination of whether such commentary is harmful in Owner’s sole discretion, and Applicant agrees to abide by Owner’ determination as to whether such commentary is harmful.
Then come the copyright demands.
Additionally, each Applicant hereby assigns and transfers to Owner any and all rights, including all rights of copyright as set forth in the United States Copyright Act, in any and all written or photographic works regarding the Owner, the Unit, the property, or the apartments. This means that if an Applicant creates an online posting on a website regarding the Owner, the Unit, the property, or the apartments, the Owner will have the right to notify the website to take down any such online posting pursuant to the Digital Millennium Copyright Act.
Of course, when confronted by Ars about the Addendum, the property managers claimed this was all someone else’s fault.
Asked about the Social Media Addendum by Ars, Windermere Cay’s property manager sent this response via e-mail: “This addendum was put in place by a previous general partner for the community following a series of false reviews. The current general partner and property management do not support the continued use of this addendum and have voided it for all residents.”
I would imagine the support was removed and addendum voided shortly after Ars publicized it, and not a moment before. According to Ars, the resident who contacted the site was asked to sign this suddenly-unsupported addendum only “days before.” But Windermere Cay’s management now very likely regrets ever including it in the first place. Like so many others before it, Windermere Cay is learning that attempting to preemptively shut down criticism with bogus clauses and high fees almost always results in more criticism. Its Yelp page is swiftly filling up with negative reviews and — like every other emotionally-charged incident on the internet, has already achieved Godwin.
Category: Ignorant or unreasonable
AT&T’s Cozy NSA Ties Brought Up In Attempt To Scuttle DirecTV Merger
Before there was Edward Snowden, there was of course the notably less celebrated Mark Klein. As most of you probably recall, Klein, a 22-year AT&T employee, became a whistleblower after hehighlighted how AT&T was effectively using fiber splits to give the NSA duplicate access to every shred of data that touched AT&T’s network. Of course, once it was discovered that AT&T was breaking the law, the government decided to just change the law, ignore Klein’s testimony, and give all phone companies retroactive immunity. It really wasn’t until Snowden that the majority of the tech press took Klein’s warnings seriously.
AT&T’s been loyally “patriotic” ever since, often giving the government advice on how to skirt the lawor at times even acting as intelligence analysts. Business repercussions for AT&T have been minimal at best; in fact, you’ll recall that Qwest (now CenturyLink) claimed repeatedly that government cooperation was rewarded with lucrative contracts, while refusal to participate in government programs was punished. In fact, the only snag AT&T’s seen in the years since was to have its European expansion plans thwarted, purportedly by regulators uncomfortable with the carrier’s cozy NSA ties (AT&T instead simply expanded into Mexico).
Fast forward a few years and The Hill is now claiming that AT&T’s relationship with the NSA could harm the company’s $48 billion attempt to acquire DirecTV. This claim is apparently based on the fact that a coalition of AT&T business partners, called the Minority Cellular Partners Coalition, is warning the FCC in a letter that AT&T’s enthusiastic voluntary cooperation with the NSA shows the company’s total disregard for consumer privacy.
“(Despite immunity) the Commission is still obliged to execute and enforce the provisions of § 229 of the Act, see 47 U.S.C. § 151, and it is still empowered to conduct an investigation to insure that AT&T complies with the requirements of CALEA. See id. § 229(c). And the Commission is obliged to determine whether AT&T is qualified to obtain DIRECTV’s licenses in light of its egregious violations of CALEA. This is particularly true given AT&T’s continued and ongoing pattern of misconduct. Accordingly, the Commission should investigate AT&T’s complicity in the PSP to determine whether AT&T engaged in unlawful conduct that abridged the privacy interests of telecommunications consumers on a vast scale and, if so, whether AT&T is qualified to obtain DIRECTV’s licenses.”
Of course, that’s simply not happening. While the NSA cooperation can be used as a broader example of AT&T’s character (like the repeatedly nonsensical claims the company makes when it wants a merger approved, or how AT&T tries to charge its broadband customers extra for no deep packet inspection), it’s incredibly unlikely that the same government that granted AT&T’s immunity will turn around and sign off on using AT&T’s behavior to squash a merger. If the merger is blocked, it will be due to more practical considerations — like the fact that DirecTV is a direct competitor to AT&T and eliminating them would lessen competition in the pay TV space. When it comes to AT&T’s relationship with the NSA, it’s pretty clear by now that these particular chickens may never come home to roost.
Ebook Library Punishes Anti-Piracy Outfit For Wrongful DMCA Notices
Like many other Internet-based services, The Ultimate Ebook Library (TUEBL) has to process numerous takedown requests to make sure that pirated content is swiftly removed from the site.
Unfortunately, not all requests they receive are legitimate. According to TUEBL there’s one company that stands out negatively, and that’s the London-based outfit MUSO.
When browsing through the takedown notices TUEBL founder Travis McCrea stumbled upon several automated requests that were submitted by MUSO, each listing inaccurate information.
The takedown notices were not merely incorrect, according to McCrea. They also circumvented the site’s CAPTCHA system, which is a violation of the Computer Fraud and Abuse Act.
This isn’t the first time TUEBL has noticed problems with MUSO’s takedown tactics. The company previously tried to remove several legitimately hosted titles, including a Creative Commons licensed book by Cory Doctorow.
“A year ago, after another issue where they were sending requests without any of the required information, they had filed a wrongful DMCA request for one of our featured authors Laurel Russwurm, and we sent them a warning,” McCrea tells TF.
“They further used our system to send a DMCA request for a book by Cory Doctorow. At that time we sent them an $150 invoice for our time reverting their improper DMCA request. When they didn’t reply, we let it slide… not wanting to make waves.”
MUSO never paid the $150 ‘fine’ and TUEBL initially let them get away with that. But after the recent mistakes McCrea decided that enough is enough.
On Sunday evening TUEBL sent the anti-piracy company an ultimatum. If MUSO fails to pay up, the company will be banned from sending further notices. In addition, hundreds of previously removed books will be restored.
“Today we are going to insist that your $150 fine be paid, or we will cut off all MUSO IP addresses, computers, and/or servers from accessing our DMCA page. Emailed requests will also be rejected as SPAM and all requests to be removed will have to come directly from the copyright holder instead of MUSO,” TUEBL wrote to the company.
MUSO has until 10PM PST today to respond, but thus far TUEBL hasn’t received a reply. The ebook library is still holding out for a peaceful resolution, but as the hours pass by this becomes less likely.
Rightscorp Hemorrhages Cash, Profit from Piracy Remains Elusive
In copyright enforcement circles the terms ‘piracy’ and ‘profit’ are often cited in close proximity. Entertainment companies bemoan the alleged profits made by ‘pirate’ sites at the expense of creators, while the same entities claim that piracy is killing their business, even while making billions.
Somewhere in the middle ground lie the groups that seek to turn piracy into profit by punishing the infringements of others. Traditional ‘trolls’ seek thousands from alleged Internet pirates via the courts, but companies such as Rightscorp Inc chase individuals for relatively tiny sums – $20 per shot – for unauthorized content downloads.
It’s a strategy the company insists will eventually pay off but if the latest set of results filed by the Los Angeles-based outfit are anything to go by, investors should be wary of holding their collective breaths.
In a call with investors yesterday things appeared to start reasonably well. Rightscorp President, COO, CTO, and CFO Robert Steele began by reporting how well the company had performed in the final quarter of 2014. Total revenues were almost $242,000, up 56% from the $155,300 achieved in the same period of 2013.
For the full year, things looked even better. From January 1 to December 31, 2014, Rightscorp pulled in close to $931,000 in revenues, that’s 187% up on 2013 when the company generated just $324,000. Steele said the growth in the company’s revenues can be attributed to two key areas.
Firstly, the growing number of copyrights for which the company has contracts to extract settlements from customers. On December 31, 2013, Rightscorp were detecting infringement on approximately 30,000 titles but by the same date in 2014 that had skyrocketed to around 230,000.
Secondly the company says it is getting more and more ISPs on board. It now claims to deal with 233 and has received settlements from customers of five of the top 10 US ISPs including Comcast, Charter, CenturyLink, Mediacom and Suddenlink. The idea is that more ISPs participating should mean more notices being forwarded and a more healthy bottom line for the company. But that’s only the theory.
The problem for Rightscorp is that when compared to the revenue being generated from infringements, its costs are astronomical. It pays out around half of its revenues to its rightsholder clients, which in 2014 amounted to $465,364. But when one looks at the bigger picture that’s much, much less than half of the company’s problems.
In 2014 the company spent around $139,000 on sales and marketing. Its wages bill increased from $637,000 in 2013 to almost $1.15 million in 2014. And last year its lawyers earned more too.
In 2014 the company’s legal bills neared $481,000, that’s up from $355,500 in 2013. The increase is attributed to legal action being taken against the company, including harassment cases currently in the pipeline.
All told, Rightscorp incurred operating expenses of $4,329,602 during the twelve months ended December 31, 2014, versus $2,134,843 for the twelve months ended December 31, 2013.
So, with revenues of approximately $931,000, that’s a loss of around $3.4 million for 2014. The company lost ‘just’ $1.81 million in 2013. Nevertheless, Rightscorp still see their situation as positive.
“We recorded our strongest year yet with an astounding 187% year-over-year growth,” Steele said. “We are confident that by focusing on these growth metrics, we will be able to capture significant growth ahead.”
The company’s latest 10-K filing paints a more gloomy picture, however.
“The Company has not yet established an ongoing source of revenues sufficient to cover its operating costs and to allow it to continue as a going concern,” the filing reads.
“The ability of the Company to continue as a going concern is dependent on the Company obtaining adequate capital to fund operating losses until it establishes a revenue stream and becomes profitable. If the Company is unable to obtain adequate capital it could be forced to cease operations. Accordingly, these factors raise substantial doubt as to the Company’s ability to continue as a going concern.”
While the company’s accounts give cause for concern, the precarious situation is only amplified when one examines Rightscorp’s over-exposure to a limited number of copyright-holder clients. In 2014 a total of 76% of Rightscorp sales came from one client, BMG Rights Management. The company’s contract with Warner Bros. accounted for a further 13% of sales.
If the former pulled the plug (and after a one year contract BMG only needs to give 30 days notice to do so) it could be game over for Rightscorp.
How Corporate Sovereignty In Trade Agreements Can Force National Laws To Be Changed
As we noted recently, one of the most worrying aspects of corporate sovereignty chapters in trade agreements is the chilling effect that they can have on future legislation. That’s something that the supporters of this investor-state dispute settlement (ISDS) mechanism never talk about. What they do say, though, is that corporate sovereignty cannot force governments to change existing laws. A recent defeat for Canada before an ISDS tribunal proves that’s not the case:
An international trade tribunal has ordered Ottawa to pay ExxonMobil and another oil company $17.3 million, following a complaint that the companies were required to spend money in Newfoundland and Labrador on research and development.
The case was brought by ExxonMobil using the corporate sovereignty provisions in the North American Free Trade Agreement (NAFTA), and concerned another agreement, called the Atlantic Accord. As CBC News explains:
Under the terms of the Atlantic Accord, a federal-provincial agreement on oil development first negotiated in 1985, oil companies are required to support petroleum-focused research and development in Newfoundland and Labrador, as part of its local benefits package.
In other words, three decades ago, Canadian politicians had passed a research and development package, one of whose measures was designed to boost local employment — exactly the kind of thing that voters want their politicians to do. But the ISDS tribunal ruled that under NAFTA, this was not permitted, and awarded substantial damages to ExxonMobil for being required to comply with the Atlantic Accord. But it gets worse:
Unless the governments of Canada and Newfoundland and Labrador agree to change the R&D legislation, Ottawa could be on the hook for continued damages. The federal government is responsible because NAFTA is an agreement between sovereign nations.
That is, the corporate sovereignty provisions in NAFTA are being used to force the Canadian government to change existing and long-standing legislation — something that ISDS fans assure us never happens.
Detective Who Was Recorded Assaulting An Unarmed, Handcuffed Suspect Acquitted Of All Charges
Both a cop and his prime homicide suspect have walked away free men. But it’s the cop who’s gathered most of the attention. Donald Love was picked up by Milwaukee police on August 14, 2013, after his infant son died in a local hospital of traumatic brain injuries. Love wasn’t just a “person of interest.” He was alone in the house with the infant at the time the injury occurred.
Love was interrogated by detective Rodolfo Gomez Jr. This questioning was recorded. The highlight reel, as it were, doesn’t show much interrogation. It shows Gomez attacking the restrained suspect on two separate occasions. Love was punched, kicked and jabbed in the eye with Gomez’s thumb. The latter — and more excruciating “interaction” (caution: the video hosted here contains some very unnerving screaming) — occurred during Gomez’s “follow-up questioning,” and appears to have been provoked by Love’s justifiably angry yelling.
A jury acquitted Love of all charges more than year later. Another jury also acquitted Gomez of all charges, despite watching him assault a handcuffed man.
How do you defend someone against charges related to a videotaped beating? Well, you do everything you can to cast the person handing out the beating as the real victim. His defense lawyers helped, but they had to fight an uphill battle against both damning video footage and statements made by Gomez himself, most of which gave the indication that he had no idea how to handle a potentially dangerous individual.
First, Gomez admitted he said something he knew would provoke an angry response. Then he claimed his short-term memory went all haywire in the heat of the moment.
Michigan Attorney General Slaps Reporter With Bogus Subpoenas For Doing Her Job
Why is it always the state Attorneys General? Time and time again we see examples of state AGs who seem to think they’re above the law and can abuse their position to attack those they dislike. The latest? Michigan Attorney General Bill Schuette. Apparently, he was none too happy that Huffington Post reporter Dana Liebelson was investigating juvenile prison conditions in the state, and had a representative from his office follow her for two hours across the state to slap her with two separate, but equally questionable, subpoenas, demanding all of her notes.
As Liebelson notes on her Twitter feed, she had had permission to visit the prisons, and agreed not to bring in a recording device. She noted that she followed all the rules that she was given for reporting from the prison — and yet, she immediately gets slapped with a subpoena demanding her notes.
And she wasn’t the only one. Another report notes that Schuette also sent a subpoena to Michigan Radio, demanding its recording of a prisoner/attorney interview.
UK ISPs Quietly Block Sites That List Pirate Bay Proxies
Following a series of High Court orders, six UK ISPs are required to block access to many of the world’s largest torrent sites and streaming portals.
The blocks are somewhat effective, at least in preventing subscribers from accessing the domains directly. However, there are also plenty of workarounds.
For many sites that are blocked one or more proxy sites emerge. These proxies allow people to access the blocked sites and effectively bypass the restrictions put in place by the court.
The copyright holders are not happy with these loopholes and have asked ISPs to add the proxies to their filters, which they have done on several occasions.
However, restricting access to proxies did not provide a silver bullet either as new ones continue to appear. This week the blocking efforts were stepped up a notch and are now targeting sites that merely provide an overview of various Pirate Bay proxies.
In other words, UK ISPs now restrict access to sites for linking to Pirate Bay proxies.
Among the blocked sites are piratebayproxy.co.uk, piratebayproxylist.com and ukbay.org. Both sites are currently inaccessible on Virgin Media and TalkTalk, and other providers are expected to follow suit.
THE PRAYER, IT BURNS!!!
Hiram Jimenez’ story isn’t as funny. See Jimenez v. Applebees. He went to Applebees for dinner, which is your first clue about him. He ordered the steak fajita, and the waitress dutifully served it. He then, apparently, believed that God gives shit about what happens in Applebees, or whether you are grateful for a shitty steak fajita, so Jimenez bowed his head in prayer.
Then the almighty taught him a lesson about eating in prole-shit-chain restaurants. God burned his goddamned face! Then, in a scene that sounds like it came from a Jerky Boys crank call:
[Jimenez] panicked, knocked his plate onto his lap and caused his prescription eyeglasses to fall from his face. Plaintiff said he tried to push away from the table with his right arm. He used his left arm to brush the food from his lap. He soon felt that he had “pulled” something in his right arm. He stopped applying pressure to the table, “let [his] [right] hand go because [he] felt pain,” and “banged” his elbow on the table.
A gold Macbook with just ONE USB port? Apple, you’re DRUNK
It’s not often I find an article by Andrew Orlowski that I can agree on
Now compare this to the Watch and the Netbook – ooops, sorry, I meant the new MacBook.
The new laptop continues to “push the envelope” for size and weight, but it comes with some very familiar compromises. The low power chip is a giveaway (and considering the Air and MacBook Pro offer outstanding performance for the same money).
Removing all but a headphone jack and a single USB Type-C port is the real compromise. The Type-C replaces the MagSafe power socket – so you can’t plug in a USB mouse and charge the computer at the same time. To do that, you’ll need a $79 adapter. You’ll need that to use your current accessories while charging.
And if you use VGA and HDMI monitors you’ll need both VGA and HDMI flavours of adapter. You’ll also need adapters for things you didn’t realise you needed. There’s no SD card slot on the machine, so budget for one of those. And probably a hub.
Did Apple really need to throw out a dedicated power socket? It’s pretty fundamental. It’s even more fundamental a couple of years down the line, when the battery holds a fraction of its original charge.