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View Diary: Judge Richard Posner says: Outlaw linking! (88 comments)

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  •  This fool is 70 (5+ / 0-)

    Hopefully, he won't be on the bench much longer.  Florida's calling, Dick.

    •  It takes a real fool... (3+ / 0-)
      Recommended by:
      Adam B, dhonig, demimondian

      ...to reflexively label probably the smartest jurist in the nation a fool.

      Just sayin'.

      "When those windmills start to chop people up, tilting at them may not only be rational, but may become a necessity." -arodb

      by JR on Sun Jun 28, 2009 at 02:56:48 PM PDT

      [ Parent ]

      •  Maybe he's lost his marbles (1+ / 0-)
        Recommended by:
        samddobermann

        ... just sayin'. Plenty of smart people are led astray later in life. Newton embraced astrology, Einstein opposed quantum mechanics, and James Joyce wrote Finnegans Wake.

        Posner's position here is self-evidently foolish to anyone with a modicum of understanding of the internet.

        •  His "position" isn't wrong. (0+ / 0-)

          All he's saying--ALL he's saying--is that there would need to be a change in copyright law to make newspapers under their existing model commercially viable:

          If eventually newspapers vanish, online providers will have higher advertising revenues (because newspaper advertising will have disappeared) and may decide to charge for access to their online news, and so the critical question is whether online advertising revenues will defray the costly news-gathering expenses incurred at this time by newspapers. Imagine if the New York Times migrated entirely to the World Wide Web. Could it support, out of advertising and subscriber revenues, as large a news-gathering apparatus as it does today?

          And he clearly concludes by recognizing that, for good or ill, the new model will be a) people sifting through governmental statements and reports, and b) large news corporations like Reuters and AP researching and publishing content for reduced production costs relative to ad revenues.  It's a basic economic argument, and not one that deserves the level of scorn being heaped on it by people who've clearly made no effort to consider it rationally.

          "When those windmills start to chop people up, tilting at them may not only be rational, but may become a necessity." -arodb

          by JR on Sun Jun 28, 2009 at 03:25:24 PM PDT

          [ Parent ]

          •  No (0+ / 0-)

            All he's saying is that basic standards of citation would die.  There are already established procdures for citation - and the links he bemoans are better than print "links", i.e. citations.  They not only tell you the source, but give you near instant access to the source.  If I do what he's bitching about in print, with all the correct citations and footnotes, the copyright holder can pound sand, as it falls under fair use.  And yet in a medium which allows for a much more complete cite (since I don't necessarily have the time, resources, or access to get ahold of half the works cited in a normal article, a link that sends me to the original source is a godsend), he wants to basically suspend all cross-source, fair-use interaction.  And there is no reason that this idea couldn't be extended to print, effectively ending academic research, since no one will extend to you explicit permission if you are going to dissent from their position.  Why people go "Oh Noes, the Intertubez; the law is all crazy-like" is beyond me; that Judge Fudgestick is doing this, makes him a f*cktard of epic proportions.

            And all of this to protect some frelling idiots who can't frelling survive economically without gutting the common law.  I don't care what he may have done in the past, just because he has been smart at some distant time doesn't mean he isn't being a frelling son-of-a-whore scumbag here - I would say "and he can quote me on that" but Jerk-face believes the Moonie Times is more important than the public good, so I deny him permission to quote me.

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