Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror
×

Comment Re:What a load of horse shit (Score 1) 337

Australia probably does have overall higher property crime (burglaries). I'd rather that than violent crime though.

Rape stats are notoriously difficult to compare between countries as the definition and rates of reporting vary hugely, so I wouldn't read too much into that comparison. It's about like the comparisons of infant mortality that are often made that show the US doing very poorly - it's more to do with the fact that the US counts certain miscarriages and in-utero deaths that other countries don't.

Comment Re:What a load of horse shit (Score 1) 337

How long/how long ago did you live in Australia? A lot of that stuff isn't accurate, particularly the stuff about duopolies:

- Most urban areas have a choice of dozens of broadband providers, since there has been separation of ownership of infrastructure (physical lines) and services provided over that infrastructure (ISPs) for almost 15 years now. Some more remote areas may only have a couple of choices ... but the vast majority can purchase ADSL connections from 10+ national providers, and many also have access to cable, VDSL or fibre providers on top of that. On the contrary, it's the *US* that is characterized by broadband duopolies - in most places you have a choice of the local DSL monopoly and the local cable monopoly.

- Cars? Huh? Australia has a range of makes available as large as anywhere else in the world. Ford, GM, Honda, Toyota, Hyundai, Kia, Mercedes, BMW, Volkwagen, Nissan, Mitsubishi, many others ... and some that you'd be hard pressed to find in the US (Euro makes like Skoda etc.) Perhaps you meant the choice of Australian-made vehicles? (in which case until recently limited you to Ford, GM, and some Toyotas)

Where Australia DOES have a stifling duopoly is in groceries: the two big supermarkets, Coles and Woolworths, account for the vast majority of supermarkets in the country. Aldi is making some inroads and there are local grocers still holding in in some areas, but it's still a pretty sad state of affairs.

You're right about prices - the cost of living is quite high (though, with the AUD only at 74 US cents now, it's a good 30% cheaper than it was a few years ago, measured in US dollar terms). But median wage is significantly higher as well, which offsets that to an extent.

Comment Re:Guns (Score 1) 337

Simply because multiple mass shooting stories come out of the US every year. In most of the world such an event would be a horrifying once-in-a-decade news story, yet they are almost routine coming out of America ... enough that they are almost treated as a mundane event. A substantial portion of stories that come out of the US are about such violence or related matters. That, plus the prominence of guns (and how 'normalised' they appear to be) in many popular US television shows.

The result is that guns are what springs to mind when one thinks of the US, because that aspect of America is unique among developed countries. You pay attention to what's different about a place, not the majority of stuff that's similar.

Decades ago I'd say that the prevalence of fast food was the common 'US stereotype'. But now fast food chains dominate over most of the world, that's no longer unique to America.

Comment Re:I'd consider moving to Australia (Score 1) 337

As someone who's done both AU-US and US-AU moves (full moves, moving entire lives/house contents/jobs etc. between the two countries), it's not really ~that~ expensive. Under $10,000 will buy you the airfare, space on a shipping container for your furniture and goods, and the relevant visa/immigration fees (depending on visa type, of course). I was self-funded for one of my moves, my company paid for the other.

Not saying that's chump change but it's not out of reach for a middle class professional. Of course this was just me and the wife ... if you have kids then you have to consider disruption to their education and social lives etc, which makes the prospect less desirable.

Comment Re:Victory for common sense! (Score 1) 91

If other judges follow this precedent, it will be the death knell of civil litigation involving the internet in any way. I don't like how trolls do business, but I don't think changing the rules like this is a good idea overall.

This isn't changing the rules. This is following the rules.

See my article in the ABA's Judges Journal about how judges had been bending the rules for the RIAA. "Large Recording Companies v. The Defenseless: Some Common Sense Solutions to the Challenges of the RIAA Litigation". The Judges' Journal, Judicial Division of American Bar Association. Summer 2008 edition, Part 1 of The Judges Journals' 2-part series, "Access to Justice".

Comment Re:Victory for common sense! (Score 1) 91

Remember, Malibu Media can just change venues too and start this all over again... This judge didn't do anything worth while for you and me and opened himself up to an appeal where he obviously will be slapped. About the only thing he accomplished is getting Malibu Media out of his courtroom and off his docket, for now. Nothing else will change.

I beg to differ.

Malibu Media can't choose the venue, or the judge.

If Judge Hellerstein's decision is followed by other judges, it will be the death knell of the present wave of Malibu Media litigation.

Comment Re:Victory for common sense! (Score 1) 91

I fully appreciate your perspective and I agree that the waters are getting pretty muddy when you start trying to tie an IP address to a person, but the issue here is the issuing of the subpoena and not letting Malibu Media pursue discovery. They must be allowed to protect their rights in civil court, and that means they must be allowed to subpoena third parties for information so they can move from "John Doe" to an actual name and in this case, that takes a subpoena from the court.

While your argument for discovery has some logic to it, it is based on a false assumption of fact : that Malibu Media, once it obtains the name and address of the internet account subscriber, will serve a subpoena on that person in an attempt to find out the name of the person who should be named as a defendant.

Malibu Media's uniform practice, once it gets the name and address, is to immediately amend the complaint to name the subscriber as the infringer/defendant and then serve a summons and amended complaint, not a subpoena, on the subscriber.

This is in every single case .

Comment Re:Victory for common sense! (Score 1) 91

I'm not so sure I agree that this make sense...

You didn't read the judges 11 page opinion then, where he makes his reasons very clear. Among other things, the trolls claim that they need the information to take people to court, but they never do; they just abuse the courts as a cheap way to get information for their blackmail scheme. The point that an IP is not an ID is exactly the point here, because the copyright troll wouldn't have any right to the name of anyone than the copyright infringer. And the fine judge found out that these copyright trolls have in several instances just ignored court orders and have just lied to the courts.

Well said

Comment Re:Copyright trolls going down is a good thing (Score 4, Informative) 91

Hi Ray, nice to see the NYCL moniker around here again. I have a few questions if you're willing. First, you indicate that a judge has denied discovery due to several factors, one being that an IP address does not identify any particular individual. Can you speak to the weight or breadth of this specific Court's opinion here, in layman's terms? I see references to the Eastern and Southern districts of New York, might this decision influence cases outside of those jurisdictions?

It's not binding on anyone. But Judge Hellerstein is a very well respected judge, so it will probably have a lot of 'persuasive authority'.

Second, this business of "if the Motion Picture is considered obscene, it may not be eligible for copyright protection." I've read about certain cases where the Court stated that obscenity has no rigid definition, but "I'll know it when I see it." Does that have any bearing on the Malibu case? Was this some kind of completely outrageous pornography, where any community standard would likely find it to be obscene, or was it just run-of-the-mill porn? Would it matter either way? Would the opinion have likely been the same if the case involved a blockbuster Hollywood film instead of a pornographic and potentially obscene film?

I haven't researched that question yet, and I may well be litigating that issue in the near future, since I have several cases against Malibu Media which are now in litigation mode... so all I can say is, stay tuned.

Lastly, I'm curious whether or not you've kept up with developments in the case regarding Prenda Law, and how you might compare this case to that one, if at all. I try to read Ken White's PopeHat blog every once in awhile to see how poorly the Prenda copyright trolls are faring. It doesn't look good for Prenda, and I wonder if you would put Malibu in the same proverbial boat.

The Prenda people are a bunch of strange people who, based on reports I've read, may well wind up doing jail time. I know nothing about the Malibu Media people. If I did find out something really bad about them in would probably wind up in my court papers if relevant to the case or to their credibility.

Comment Re:F? (Score 1) 91

I should clarify: I didn't mean actual expansion of the law. What I meant in regard to item "F" was: since when does difficulty of enforcement, even if they did prove it, justify loosening the standards of evidence? I did not think that was allowable.

Well I knew exactly what you meant Jane, even before you 'clarified' it.

Comment Re:F? (Score 3, Insightful) 91

Hi, NYCL! I haven't noticed you around here much lately. Is item F even a thing? Since when does the difficulty of enforcing a law allow judicial expansion of the law? I thought that idea had been thoroughly buried a long time ago.

I have to agree with you Jane Q. For 10 years I've been trying to wake the courts up to the fact that they're not supposed to bend the law to help content owners just because the content owners don't know who committed the infringement. Glad to see them coming around.

Comment Re:Victory for common sense! (Score 1) 91

I think that if this troll can prove they have a copyright on the material and the right to enforce it, they will have a good case to appeal this decision and it will likely be overturned.

You also have to prove that the person you're suing actually committed the infringement. It's not enough that they paid the bill for an internet service account that somebody used to commit an infringement.

Submission + - Judge Calls Malibu Media "Troll", Denies Subpoena

NewYorkCountryLawyer writes: In what could be the beginning of the end of the Malibu Media litigation wave involving alleged BitTorrent downloads of porn films, Judge Alvin K. Hellerstein in Manhattan federal court has denied Malibu Media's request for a subpoena to get the subscriber's name and address from his or her internet service provider. In his 11-page decision (PDF), Judge Hellerstein discussed "copyright trolls" and noted that (a) it is not clear that Malibu Media's porn products are entitled to copyright protection, (b) discussed some of its questionable litigation practices, (c) Malibu's "investigation" leads at best to an IP address rather than to an individual infringer, (d) there is a major risk of misidentification, (e) Malibu has no evidence that the individual John Doe committed any act of infringement, and (f) Malibu's claim that there is no other practical way for it to target infringement was not supported by adequate evidence.

Slashdot Top Deals

"Ninety percent of baseball is half mental." -- Yogi Berra

Working...