Typepad (the blog host) has new software for threading comments. I like the idea because it allows for better direct arguments and may make it easier to follow a line of reasoning. At times, the comments turn into a back-and-forth between two or three readers that goes wildly off topic. The threads could allow that comment chain to continue while non-parties could just skip over it. The new software also allows more of an “identity.” You can create a user ID and picture – and then never again be forced to read numbers and letters in fuzzy images. Anonymous comments will still be available. The software also gives the commenter a few minutes to edit comments before they become ‘permanent.’
Test it out here (https://patentlyo.com/test/2008/07/monop1.html) and let me know if we should make the switch.
MUCH BETTER. Eliminates all of the redundant “he said” -he replied extranneous verbage. While I would prefer “real names” I understand how that might cramp the style of some. I’d still prefer fake names to these idiotic nom de plumes currently widely used on this site…..
12 posts of the same old CRP that the same old posters posted with the old system.Bugs in the system prevent my iPhone from accessing DIsqus account, and the interactive nature of Disqus is blocked by the firm’s firewall.C’est La Vie
Cool – you can sort the messages by newest or by best, plus you can easily find responses to your comments. This is much better than the old system. Keep it, Dennis!
And so Dennis if a third party seeks to learn the identity of an anonymous poster who protects the anonymity? You or Disqus?
Serious question – what difference does it make? Would you expect the response to a subpoena to differ?
yep, Dennis would more aggressively and intelligently seek to protect anonymity than would Disqus
Perhaps. Certainly I would expect him to seek a protective order, but I would expect Disqus to do so as well. But under what legal theory could he refuse to respond to the subpoena?
Under the legal theory that a mere provider of a forum has more protection than a person exercising editorial control to shape what remains on a forum.A provider such as Disqus is quite removed from such editorial control and would much more immune to such a court request.
I don’t think so. We’re not talking about liability for defamation or for copyright infringement. And they are not “requests,” by the way.
They are request s – with legal force.You do know that you have options to answering a subpoena right? You may not like the consequences, but make no mistake that it is a request.As to ‘what we are talking about’ you were not particular and you simply asked for a legal theory – I gave you one. (and 6’s behavior might be an example of something that falls to defamation – and a court request from Prof. Crouch is easily seen as a possibility)
I still think you’re wrong. Being a mere conduit rather than a publisher might protect Dennis from liability for defamatory comments by an anonymous poster, but I don’t think either status gives him any justification to resist a 3rd-party subpoena from a defamation case against the poster. If you have any legal authority to the contrary, I would enjoy reading it.
You are allowed to think I am wrong all you want.It does not affect that fact that I am not wrong.I have answered your question. Any further requests from you may be answered pending your delivery of answers to my questions dating back to the smarmy attack on me.Leopold, where are my answers?
The Supreme Court has held that anonymity in speech is an element of free speech that extends from the publishing of the Federalist Papers. For a third-party subpoena (assuming I’m not sued), the courts already have a balancing test to consider whether force the third-party to comply with a subpoena. However, when the information sought to be discovered is an otherwise anonymous identity, then the courts will go through another layer of consideration to see if the needs of the case outweigh the first-amendment principles. That said, courts regularly do issue court orders requiring that service providers turn over identifying information — most frequently in copyright and defamation cases.
Thanks, Dennis. What intrigued me was the suggestion that your exercise of editorial control made you more vulnerable to a court ordered disclosure of identifying information than if your site was nothing more than a bulletin board. With your comment and my admittedly limited knowledge of first amendment law, it seems to me the opposite is more likely – i.e., the more you look like a journalist, the stronger your own first amendments (as distinct from those of the anonymous commenter). Do I have that wrong?
So, there is a difference here between my own liability (or that of Patently-O) and my duty to comply with a subpoena as a non-party. Section 230 of the Communications Decency Act (CDA) does a very good job of protecting me from any liability based upon my publication of comments provided by others. Thus, my desire here for a more civil set of comments is not driven any idea that it will prevent me from being liable for something. On the subpoena question, some states have “shield laws” that protect reporters from turning over their sources. To my knowledge, those have not been applied to this context (blogger turning over identity of commentators), but I have not followed those cases closely. Part of the analysis that a court goes through is whether the commentator had an expectation of privacy. And, I believe that my statements made earlier help to solidify that expectation of privacy and thus make it less likely that a court would violate that expectation.
Look at prong three of the CDA section 230 analysis.That is where editorial control that amounts to your active involvement (when your involvement shapes the message on the boards) makes your position weaker.
See for example 521 F.3d 1157
“That is where editorial control that amounts to your active involvement (when your involvement shapes the message on the boards) makes your position weaker.””See for example 521 F.3d 1157.”To the extent that you are arguing that deleting messages (and in so doing thus “shaping the message) is problematic with respect to CDA Section 230 immunity, it appears that your citation actually says the opposite:Section 230 was prompted by a state court case holding Prodigy responsible fora libelous message posted on one of its financial message boards. See StrattonOakmont, Inc. v. Prodigy Servs. Co., 1995 WL 323710 (N.Y.Sup.Ct. May 24, 1995) (unpublished). The court there found that Prodigy had become a “publisher†under state law because it voluntarily deleted some messages from its message boards “on the basis of offensiveness and ‘bad taste,’ †and was therefore legally responsible for the content of defamatory messages that it failed to delete. Id. at *4. The Stratton Oakmont court reasoned that Prodigy’s decision to perform some voluntary self-policing made it akin to a newspaper publisher, and thus responsible for messages on its bulletin board that defamed third parties. … Under the reasoning of Stratton Oakmont, online service providers that voluntarily filter some messages become liable for all messages transmitted, whereas providers that bury their heads in the sand and ignore problematic posts altogether escape liability.Prodigy claimed that the “sheer volume†of message board postings it received -at the time, over 60,000 a day- made manual review of every message impossible; thus, if it were forced to choose between taking responsibility for all messages and deleting no messages at all, it would have to choose the latter course. Stratton Oakmont, 1995 WL 323710 at *3. In passing section 230, Congress sought to spare interactive computer services this grim choice by allowing them to perform some editing on user-generated contentwithout thereby becoming liable for all defamatory or otherwise unlawful messages that they didn’t edit or delete. In other words, Congress sought to immunize the removal of user-generated content, not the creation of content: “[S]ection [230] provides ‘Good Samaritan’ protections from civil liability for providers … of an interactive computer service for actions to restrict…access to objectionable online material. One of the specific purposes of this section is to overrule Stratton-Oakmont [sic] v. Prodigy and any other similar decisions which have treated such providers … as publishers orspeakers of content that is not their own because they have restricted access to objectionable material.†H.R.Rep. No. 104-458 (1996) (Conf.Rep.), as reprinted in 1996 U.S.C.C.A.N. 10 (emphasis added).Indeed, the section is titled “Protection for ‘good samaritan’ blocking and screening of offensive materialâ€
I’ve said this before. the software keeps hold of any information that you provide it (email / username) as well as the IP address of the computer/router you are using. Disqus does this with the new software; Typepad did it with the old software. These companies likely give that information to the NSA any law enforcement agency that asks. My operating procedure is to keep this information secret unless forced by court order to turn it over. I have received one third-party subpoena requesting IP addresses of folks commenting on the blog but I refused to comply with the subpoena and the parties in that case did not pursue a court order.
There are two primary categories of commenters on this website ever since there was an uptick of popular interest In re Bilski in the software industry: 1) practitioners of intellectual property as a legal craft and 2) anti-software-patent activists. I would encourage finding some way of demarcating those 2 groups and segregating them away from each other.
I can up-vote (or mutually exclusively, down-vote) my own comment, which I always consider odd.
“1) practitioners of intellectual property as a legal craft and 2) anti-software-patent activists.”Hmm… Are those mutually exclusive groups?
Are those mutually exclusive groups?C’mon, LB. Every “real” patent attorney fully supports the patenting of software.
#12 Same old B$ – software FAIL
Yet another example of a comment that does not advance dialogue remaining after another TRUTHFUL comment merely pointing this out is expunged.So let’s try this: “real” patent attorneys that understand the art field of software fully support the patenting of software because they know that software is a manufacture and a machine component.SO the answer to the question in an intellectually honest manner is YES, practitioners of intellectual property – that can honestly venture a worthwhile opinion – and the anti-software-patent activists are indeed mutually exclusive groups.
“real” patent attorneys that understand the art field of software fully support the patenting of software because they know that software is a manufacture and a machine component.So a “real” patent attorney is one that agrees with you. This is an argumentative fallacy, and a well-known one (see, e.g., the “No True Scotsman” response).practitioners of intellectual property – that can honestly venture a worthwhile opinion – and the anti-software-patent activists are indeed mutually exclusive groups.In other words, all anti-software-patent activists are incapable of “honestly venturing a worthwhile opinion.” That’s just an ad hoc insult.Is your comment an example of the “better blogging” you are always crowing about? I hope not.
This system seems to automatically give my real name and picture. Not a problem for me, but some people might have problems trying to be anonymous.
You appear to already have been a disqus member and must have your computer set to remember you.
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What John said. We could really improve the signal-to-noise ratio if people had to sign either their real name, or a pseudonym from Patently-O they get after identifying themselves to the site. The latter option is something some attorneys/agents might need to avoid problems with clients/firms who have conflicting views on a given subject or case. I think there are lots of visitors to the site who would enjoy civil discussion and debate, but they are put off by the food fights.
There is a flag button on there now too.
I very much want to keep the option of anonymous posting. Otherwise, few patent attorneys and examiners will be able to post without fear of retribution from their superiors or clients.
I don’t like having to make a fake email and fake password.
At least not until they are deposed and have to reveal what they have posted on patently-o. And realistically very few people really need to remain anonymous because their boss doesn’t like their views on Myriad. The real issue is civility. Anonymous people do not need to be civil and public people rarely resort to incivility. Perhaps you can address this issue.
Prof. Crouch maintains a database of identifications – that won’t stop the vacuous and mischaracterizing posts.
Anon – Suggestions?
I don’t think software exists yet to force people to be intellectually honest.
Maybe you should invent that anon. You’ve got the function in mind, surely it is enabled.
6,Methods have been invented, but typically run to the chemical arts.
And your function/enablement comment is exactly the type of comment that should not be made.Way to go, first to bust the rationale for the new format.
Why on earth not? That was a legitimate suggestion. Go, invent it, patent it, and be a happy inventor. What’s the matter? Don’t think it’ll be valuable? Don’t think you have possession? Don’t think it is enabled? Because if you need a co-inventor I can help out.
#5 Same old B$ – software FAIL
Your post was not legitimate 6, as any legitimate post would have been absent the smarmy function/enablement comment.
ok, so your point is that it is a fruitless endeavor?
Look below at 6’s comment.You tell me.
I’d be very interested to know his point as well.
Anon, that’s only your view of what constitutes “better blogging”.
#8 Same old B$ – software FAIL
Please explain 6 how mischaracterizing facts, mischaracterizing law, mischaracterizing what others post, strawmanning and accusing others of tactics that you yourself do lead to your version of “better blogging.”Or this too, part of your ‘character’ that you self-annihilated?
#6 Same old B$ – software FAIL
#7 Same old B$ – software FAIL
There was no “personal attack.” Everything I said about Leopold and MaxDrei is absolutely true.That you attempt to spin this as an attack is more of the same old Malcolm.Having the ability to NOT be accountable for your posts is not helpful to establishing a dialogue. In fact, it breeds a more virulent form of monologue.
Anon, Personal attacks can include true information. On this site, I would prefer no personal attacks, even when true.
“Personal attacks can include true information”A ‘personal attack’ based on and merely recalling what YOU ALLOW on this site cannot be deemed a personal attack – unless you are willing to excise the initial offensive material.I would be MORE THAN HAPPY to be limited to the facts left on these boards.I don’t see the removal of the originally offensive material happening. Tests with plainly offensive expletives simply show otherwise.
Everything I said about Leopold and MaxDrei is absolutely true.I, for one, don’t believe that the things you said about them are “absolutely true.” They seem to be more like opinions that you hold about them, based on disagreements or grudges that you have had in the past. In any event, your comments were certainly “personal attacks” and hardly seem warranted by any comment either individual made in this thread.
notorious: famous or well known, typically for some bad quality or deed.That’s exactly the meaning of your extremely one-sided commentary, of your ability to chastise one person while saying absolutely nothing about even more flagrant (and more consistently flagrant) behavior by another.Or are you implying that I don’t know the meaning of a different word?
but if it did exist it would be patent eligible subject matter
#4 Same old B$ – software FAIL
That’s some serious crock there Malcolm, replete with your typical accuse-others-of-that-which-you-do.Your example of ‘racism’ is a poor example – you used the word and defended 6’s use of the word. I merely pointed out factual matters. You need to own your actions.As to being capable of reason, you are the one that needs to show that, as to the points made in relation to business methods and software. In fact, you show continued dissembling in both areas. You have volunteered admissions against your interests and yet continue to spin and advocate even in the face of these admissions.There is no reasoning that ever will be convincing to such a person, so your point 1) is a fallacy.
Your example of ‘racism’ is a poor example – you used the wordWhat word? What was the context?
I don’t like it
D – What’s the problem? And, are you saying you don’t like my bike or don’t like the commenting program?
I don’t like the new program. My past experience with it at other website has shown that it tends to be a little slow and buggy. I also don’t like the idea of using a single username for so many different message boards.
Good for you, riding your bike to work! I worked for my dad in his bicycle shop as a teenager, so I know how to put those things together, like any good patent attorney should!
Great improvement Dennis…suppress the nonsense, and elevate the helpful commentary.
Thanks WBS. We’re working on mechanisms to help elevate the discussion.
Happy to see Dennis making these efforts to discipline the threads.
Would be happier if actual conversations would be enjoined.But software won’t force people to acknowledge actual points made, nor keep others from mere soapboxing.Those are the real improvements that are necessary.
Anon – What do you mean by enjoining actual conversations? Is this an actual suggestion?
I think he meant “enjoyed”.
My message is clear 6 – by contrasting monologue and dialogue you can easily see that I meant ‘joined in’ the conversation.