Ok, I was all ready to go ballistic over this one, but after reading the text of the bill, I'm not really seeing the issue.
A few quick notes:
SEC. 4. PERMITTED ACTS.
(a) INDEPENDENTLY GENERATED OR GATHERED INFORMATION- This Act shall not restrict any person from independently generating or gathering information obtained by means other than extracting it from a database generated, gathered, or maintained by another person and making that information available in commerce.
What's wrong here is that it makes it easy for big corporations with deep pockets to keep the little guy from being a nuisance/competitor.
Who can afford to litigate against a Fortune 500 company whether his database is or is not misappropriated from theirs? How can you ever establish that you independently generated your database?
When ownership of fact can be the basis of a civil suit, the individual is shut out. Like software patents, the big corporations will own portfolios of databases that they wi
"What's wrong here is that it makes it easy for big corporations with deep pockets to keep the little guy from being a nuisance/competitor. Who can afford to litigate against a Fortune 500 company whether his database is or is not misappropriated from theirs?"
What follows is a general rant about "the system":
Don't blame the law (unless you think it's wrong in and of itself, of course). Don't blame the lawyers, they're just mouthpeices: everyone (even the bad guys) needs a voice in a civil society.
Blame the elected representatives who pass bad legislation which screws up the system. Blame the elected judges who hear ridiculous cases and who let bad legislation pass which screws up the system. Blame the citizens making up juries who make some of these stupid court decisions.
See where this is going?
Government (and economics, for that matter) is just a way of controlling power. No matter which party you belong to, it doesn't get any more basic than this.
If you don't play the game, the folks who make the rules (your fellow citizens) will fuck you over. Democracy, capitalism, whatever -- NONE of it works if the people sit around and let a minority run the show.
Personally, I'm of the opinion that less government is a good thing: I feel that sane courts and capitalism are more effective than legislature (I trust my vote more among 200,000 corporations than than I do 2,000 politicians). I think less government could solve problems like this, but it will never happen unless lots of folks like me vote.
The same goes for you and what you believe. Welcome to the rest of your life. Put your hands on the wheel.
Federal judges yes, sorry for the oversight. A lot of my focus here was on civil.
I can agree with some of the idea behind keeping these judges out of harms way. Moral and constitutional judgements, IMO the most important kind, need to be protected from negative influence (campaign funding, scratch-my-back-I'll-scratch-yours games, etc.), but I do think that judges who aren't up for reelection every so often should be forced to be more accountable.
In theory the legislature is accountable to the people. The unpopular and unfair laws then would not need to be declared unconstitutional; they would be repealed. It is the popular but unfair laws that need to be found unconstitutional. Thus in the case that the legislature actually listens to the people, appointed judges are better.
"Blame the elected representatives who pass bad legislation which screws up the system".
And the central elected representative in this situation is Rep Coble, Republican in North Carolina, who introduced this measure. If you feel strongly enough about it, send money to the Democratic Party in North Carolina, with the express purpose of helping someone run against him. Choose the lesser evil, because you sure ain't gonna get to choose the greater good.
"send money to the Democratic Party in North Carolina, with the express purpose of helping someone run against him. Choose the lesser evil, because you sure ain't gonna get to choose the greater good."
I don't know that I like this game either. Folks who "choose the lesser evil" are voting, which is great, but they are letting their power as voters be quarantined. If everyone actually stood up and told their representative/party, "Look, do things this way or I go to another party", politicians might be i
I completely agree with dalcius here--not only on this issue, but in general. People bitch and complain all the time, but never DO anything. They expect that it is their right to have a fair and functioning government that someone else will maintain for them.
Anyway, back to reality...if people have power and we don't look over their shoulder, check on them, threaten them with loss of power (voting them out) then they will run with and abuse that power. Period. Regardless of party or their stupid rhetoric,
"Be there. Aloha."
-- Steve McGarret, _Hawaii Five-Oh_
I don't see what's wrong here (Score:5, Informative)
A few quick notes:
Re:I don't see what's wrong here (Score:5, Insightful)
What's wrong here is that it makes it easy for big corporations with deep pockets to keep the little guy from being a nuisance/competitor.
Who can afford to litigate against a Fortune 500 company whether his database is or is not misappropriated from theirs? How can you ever establish that you independently generated your database?
When ownership of fact can be the basis of a civil suit, the individual is shut out. Like software patents, the big corporations will own portfolios of databases that they wi
You folks are barking up the wrong tree (Score:5, Insightful)
Who can afford to litigate against a Fortune 500 company whether his database is or is not misappropriated from theirs?"
What follows is a general rant about "the system":
Don't blame the law (unless you think it's wrong in and of itself, of course).
Don't blame the lawyers, they're just mouthpeices: everyone (even the bad guys) needs a voice in a civil society.
Blame the elected representatives who pass bad legislation which screws up the system.
Blame the elected judges who hear ridiculous cases and who let bad legislation pass which screws up the system.
Blame the citizens making up juries who make some of these stupid court decisions.
See where this is going?
Government (and economics, for that matter) is just a way of controlling power. No matter which party you belong to, it doesn't get any more basic than this.
If you don't play the game, the folks who make the rules (your fellow citizens) will fuck you over. Democracy, capitalism, whatever -- NONE of it works if the people sit around and let a minority run the show.
Personally, I'm of the opinion that less government is a good thing: I feel that sane courts and capitalism are more effective than legislature (I trust my vote more among 200,000 corporations than than I do 2,000 politicians). I think less government could solve problems like this, but it will never happen unless lots of folks like me vote.
The same goes for you and what you believe. Welcome to the rest of your life. Put your hands on the wheel.
Re:You folks are barking up the wrong tree (Score:2)
I can agree with some of the idea behind keeping these judges out of harms way. Moral and constitutional judgements, IMO the most important kind, need to be protected from negative influence (campaign funding, scratch-my-back-I'll-scratch-yours games, etc.), but I do think that judges who aren't up for reelection every so often should be forced to be more accountable.
Cheers
Re:You folks are barking up the wrong tree (Score:1)
Re:You folks are barking up the wrong tree (Score:2)
Cheers
Re:You folks are barking up the wrong tree (Score:1)
And the central elected representative in this situation is Rep Coble, Republican in North Carolina, who introduced this measure. If you feel strongly enough about it, send money to the Democratic Party in North Carolina, with the express purpose of helping someone run against him. Choose the lesser evil, because you sure ain't gonna get to choose the greater good.
Re:You folks are barking up the wrong tree (Score:2)
I don't know that I like this game either. Folks who "choose the lesser evil" are voting, which is great, but they are letting their power as voters be quarantined. If everyone actually stood up and told their representative/party, "Look, do things this way or I go to another party", politicians might be i
Re:You folks are barking up the wrong tree (Score:1)
Anyway, back to reality...if people have power and we don't look over their shoulder, check on them, threaten them with loss of power (voting them out) then they will run with and abuse that power. Period. Regardless of party or their stupid rhetoric,