Categories
Internet controversy litigation

Sony’s Scam Scuttled

The U.S. Supreme Court has ruled that Internet Service Providers (ISPs) can’t be forced to deprive customers of Internet access on the basis of an unverified complaint about copyright violation. And can’t be held liable for refusing to kill a customer’s access.

The ruling holds that a service provider “is contributorily liable for a user’s infringement only if it intended that the provided service be used for infringement. . . .”

The plaintiff? Sony. 

The defendant? Cox Communications. 

According to the ruling, Sony “alleged that Cox contributed to its users’ infringement by continuing to provide Internet service to subscribers whose IP addresses Cox knew were associated with infringement.”

Of course, Cox cannot “know” that a user had infringed some copyright merely because it got an automated notice that a user had done so. Cox is just an Internet service provider, not a judge, jury, or hander-out of penalties for unestablished crimes.

Had the high court ruled otherwise, the consequences would have been dire.

“Under the legal standard the labels wanted,” Reclaim the Net observes, “an ISP that received enough of these automated complaints and didn’t disconnect the account could face catastrophic financial liability. A Virginia jury bought that theory in 2019 and hit Cox with a verdict of over $1 billion.”

The decision bodes well for rulings on other attempts to transform ISPs — or PC operating systems, satellites, or any other gateway to modern life — into instant wielders of crippling punishment . . . no trial, no judgment, no justice allowed. 

This is Common Sense. I’m Paul Jacob.


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Categories
Thought

Anatole France

Si 50 millions de personnes disent une bêtise, c’est quand même une bêtise.

If fifty million people say a foolish thing, it is still a foolish thing.

Anatole France, as quoted in Listening and Speaking : A Guide to Effective Oral Communication (1954) by Ralph G. Nichols and Thomas R. Lewis, p. 74.

Categories
Today

SpaceX Re-uses Rocket

On March 30, 2017, SpaceX conducted the world’s first reflight of an orbital class rocket.

Categories
Update

Paying for War

Veronique de Rugy, at Reason, asks a good question: who will pay for the war? Or, how will it be paid for?

The Pentagon has requested $200 billion to fund the campaign. While circumstances could change the price tag, interest payments on that much debt would add $87 billion over 10 years. So that’s roughly $300 billion.

Defense Secretary Pete Hegseth, asked about this number, offered a memorable contribution to the fiscal debate: “Obviously, it takes money to kill bad guys.” That’s true. It’s also true that the money must come from somewhere.

Veronique de Rugy, “How Will Congress Fund a $300 Billion War With Iran?,” Reason (March 26, 2026).

De Rugy mentions two obvious tax-and-spend choices, a supplemental appropriations bill and a budget reconciliation bill. But she goes on to make an interesting point:

Congress used to offset its emergency spending. It doesn’t anymore. Research by Dominik Lett at the Cato Institute shows that since 1991, Congress has passed $12.5 trillion in emergency spending for wars, disasters, pandemics, financial crises, and in some cases things that were emergencies in name only, like $450 million for space exploration. Almost none of it was offset. If you add $2.5 trillion in interest to the spending, the total amounts to one-third of today’s debt.

Which brings to mind a recurring theme at ThisIsCommonSense.org: the federal debt. So here is a current update on the general government’s most obvious but least talked-about (elsewhere) problem:

DuckDuckGo Search Assistant a.i.
DuckDuckGo Search Assistant a.i.

Note that, as reported here in November, the Congressional Budget Office had predicted hitting the $39 trillion level of debt some time after mid-year. Hey, we are ahead of schedule! Let’s celebrate?

Categories
Thought

Shaw

We have no more right to consume happiness without producing it than to consume wealth without producing it.

George Bernard Shaw, Candida (1894).

Categories
Today

Hyphen War

On March 29, 1990, the Czechoslovak parliament proved unable to reach an agreement on what to call the country after the “Velvet Revolution” — in which the Communist Party was booted from power. This sparked the “Hyphen War,” a tongue-in-cheek moniker for the dispute between Czechs and Slovaks about official recognition of the two nations’ equal status. (The Slovak representatives wanted to insert a hyphen into the name, to make the Slovak part stand out.) Eventually, the dispute was resolved with the “Velvet Divorce,” in which the two countries split up, on New Year’s Day, 1993, the two countries now being named:

Czech Republic, also known as Czechia;

Slovakia, officially the Slovak Republic (Slovak: Slovenská republika).

Categories
Update

Fundamental Rights Fully Assessed?

“A Christian politician in Finland has been convicted of a crime for publishing her views on marriage and sexual ethics 22 years ago,” CBN reports.

“The country’s Supreme Court found parliamentarian Päivi Räsänen guilty of ‘hate speech’ for publishing her biblical beliefs. In a 3–2 decision, the court upheld a criminal conviction against Räsänen and a Lutheran bishop for ‘making and keeping available to the public a text that insults a group.’”

She was fined €1,800.

That is about 2,080 in American dollars.

Paul Jacob has discussed the case in the recent past, in a more hopeful vein. That is, in the apparently vain hope that the highest court of “Suomen Tasavalta” (what Finns call their state) would find this mother of five, grandmother of ten, and wife of a Lutheran pastor innocent of the grotesque charges “of crimes against the humanity of gays and lesbians.”

Oh, that cannot be right. That is from the often-unreliable Wikipedia. The formal charge appears to be “incitement against an ethnic group” (kiihottaminen kansanryhmää vastaan) under Section 10 of Chapter 11 of the Finnish Criminal Code.

The country’s hate speech provision.

How do gays and lesbians constitute an ethnic group? Stay tuned for future updates.

It is noteworthy that not all the charges brought against her came to an ultimate guilty verdict.

What stuck in the court’s craw was that she had written that homosexuality is “a developmental disorder.” The reasoning the court went through to see such a statement as “an incitement to hate” has to be fascinating.

This is especially so after the assurances of Prosecutor General Ari-Pekka Koivisto that the case “is significant because the supreme court went through the fundamental rights assessment in detail.”

Categories
Thought

Tom Paine

Reason obeys itself; and ignorance submits to whatever is dictated to it.

Thomas Paine, The Rights of Man (1795).

Categories
Today

When in Rome

The Twenty-Eighth of March just so happens to mark three occasions of political life in imperial Rome:

  • A.D. 37 — Roman emperor Caligula accepted the titles of the Principate, bestowed on him by the Senate.
  • A.D. 193 — After assassinating the Roman Emperor Pertinax, his Praetorian Guards auctioned off the throne to Didius Julianus.
  • A.D. 364 — Roman Emperor Valentinian I appointed his brother Flavius Valens co-emperor.
Categories
First Amendment rights international affairs

Fecklessly Fining 4chan

You host a website. Users can say whatever they want on this site. Next thing you know, a UK regulatory agency is sending you, an American organization based in the United States, a letter announcing a trillion-dollar fine for failure to comply with UK censorship demands. How much do you panic?

If you’re 4chan, not much.

4chan hasn’t been fined a trillion dollars yet. But some day the ever-increasing meaningless fine may reach that level.

The redcoat-staffed regulatory agency is called Ofcom. It has fined 4chan £520,000 — in dollars that’s about $693,000 — “Under a Law That Doesn’t Apply in the US.” The bulk of the fine is for failing to implement age verification — that is, failure to force users who are by and large anonymous to identify themselves.

The back-and-forth between Ofcom and 4chan started in April 2025. Ofcom isn’t getting the message. 4chan’s lawyer says the company “has broken no laws in the United States, my client will not pay any penalty. Increasing the size of a censorship fine does not cure its legal invalidity in the United States. . . . As has been explained to your agency, ad nauseam, the United Kingdom lost the American Revolutionary War. We are not in the mood to discuss the matter further. . . .”

The only problem for 4chan I see on the horizon is the struggle in the U.S. to impose a similar regulatory regime here. Fortunately, our own courts still somewhat recognize the relevance of our First Amendment.

This is Common Sense. I’m Paul Jacob.


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