If you get sued for file-sharing by the record industry, you can find yourself paying $750 per file in damages (the law allows a whopping $150,000 per file!). This Texas Law Review paper by J. Cam Barker examines this practice -- the wholesale price of downloadable music being in the $0.70/song range -- in light of the Constitution
In this paper, I argue that there is a constitutional right to not have a highly punitive statutory damage award stacked hundreds or thousands of times over for similar, low-reprehensibility misconduct. I point to the rationale behind criminal law's single-larceny doctrine, identify the concept of wholly proportionate reprehensibility, and use this to explain why the massive aggregation of statutory damage awards can violate substantive due process.
(via Recording Industry Vs the People
David Robinson used the data from the 28,657 people who self-selected to take the Stack Overflow survey to investigate the relationship between programmer pay and the conventions of using either tabs or spaces to mark indents, and found a persistent, significant correlation between using spaces and bringing home higher pay.
It’s the end of an era, sort of: Fraunhofer IIS, the developers of the MP3 audio compression format, announced that they are ceasing their licensing program. In a blog post, spokesman Matthias Rose says that it’s had a good 20-year run and is obsolete. But it’s also true that the decoding patents expired last year, […]
Freddy deBoer writes that he’s been telling the same joke for years about Silicon Valley’s only product, which might be universalized as “At last, a way to verb with nouns on the internet!” But the social-media techopoly is stable, now, and so the venture capitalists have moved on to the three terrible trends that will […]
Although flagship smartphones are unlikely to adopt heavy-duty outer casing anytime soon, you can always prepare your device for the outdoors with a beefy case and and an external battery like this Nomad Tile Trackable PowerPack, available in the Boing Boing Store for $119.95.The Nomad Tile can fully recharge an iPhone 7 over three times […]
Even though credit cards now feature an EMV chip for securing transactions, they still have to include the magnetic strip for compatibility with older point of sale systems. Because of this, there’s no way for the chip’s new security capabilities to protect against card skimmers in the wild.How do you protect yourself from legacy-technology-induced fraud? […]
As the old saying goes, “You should sit in meditation for 30 minutes every day. Unless you are too busy, in which case you should meditate for an hour.” Since most of us have an endless list of things to do and people to see, carving out quiet time can feel impossible, especially when most […]