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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.

Comment Baidu Team's Apology Appended to Official Notice (Score 3, Insightful) 94

From the official announcement found in the NYT article (full of details we mostly already know) there comes an update with the team's response:

Message from the team in question:

Dear ILSVRC community,

Recently the ILSVRC organizers contacted the Heterogeneous Computing team to inform us that we exceeded the allowable number of weekly submissions to the ImageNet servers (~ 200 submissions during the lifespan of our project).

We apologize for this mistake and are continuing to review the results. We have added a note to our research paper, Deep Image: Scaling up Image Recognition, and will continue to provide relevant updates as we learn more.

We are staunch supporters of fairness and transparency in the ImageNet Challenge and are committed to the integrity of the scientific process.

Ren Wu – Baidu Heterogeneous Computing Team

So, while they deserve the year ban, the apology is nice. It's a shame we can never know what results a fair competition could have yielded ... and an even bigger shame that the media misreported Baidu as overpowering Google. I suppose the damage is done and the ILSVRC has made the right choice.

Perhaps I'm misunderstanding the classification problem but why isn't this run like most other classification problems (like Netflix and many other data challenges) where you get ~80% for training and the remaining 20% are held back for the final testing and scoring? Is the tagged data set too small to do this? Seems like wikimedia would contain a wealth of ripe public domain images for this purpose ...

Comment Re:You're Talking About a Different Scale (Score 5, Insightful) 276

Frankly put, I'm unaware of "American organized political trolling" that rivals this.

Americans are quick to believe the Official Narrative, no matter how absurd. Mass media is the professional 'troll' that gets people to fight each here.

Again, you're conflating two things that are significant enough that I don't see a simple one-to-one comparison here.

The clear difference here is that the trolls in the article are a nebulous entity whereas the media trolls are not. I know to laugh at Glenn Beck and Katie Couric. I know who they are. I recognize their blubbering stupid talking heads. They're a trainwreck of lies and half truths. On the other hand, you can't stop google from returning search results that confirm what you're looking for. When it's a "trending hastag" on Twitter, you can't figure out if it's legit or not. How do I know that podonski432 on Twitter is the same individual on Youtube named ashirefort posting videos of an explosion is the same person retweeting podonski432 and adding ashirefort's video to their tweet?

Mass media doesn't employ subterfuge and I sure as hell can stop reading the New York Post & Washington Times & CNSNews & Huffington Post and all that other drivel. I can't, however, identify easily that this account on Twitter is just the new troll account that tricked me last time.

You do know that it's news if the New York Times is caught lying or spreading known falsities, right? I watched Jon Stewart hold a "reporters" feet to the WMD fire on one of his recent episodes. There's no self-policing mechanism like that among trolls.

Comment You're Talking About a Different Scale (Score 5, Insightful) 276

It's just about time to drag the American organized political trolling on sites like reddit, twitter, and tumblr into the open too, right?

Well, astroturfing is no new tactic but ... I think what this article deals with is scale. 400 clearly skilled (bilingual at the least) individuals running multiple catfish personalities online day in and day out ... the whole thing on a budget of $400k a month? That level and size is probably unparalleled by ... say, Digg's conservative idiots.

You have one entity orchestrating the 12 hours a day work of 400 individuals on topics that are pro-Russian and tangentially pro-Russian. They are sophisticated enough to "hit play" at a certain time to unfold a natural disaster or assassination or anything to destabilize/confuse a region and they do so over many accounts on multiple social media platforms. They create video, screenshots, websites, etc. And they use proxies and sufficiently sophisticated means to appear to be disjoint at first glance.

They appear to have run an exercise on a rubber plant explosion in Louisiana for no other discernible purpose than to test out their new super powers or demonstrate their abilities to their customers/leaders.

Frankly put, I'm unaware of "American organized political trolling" that rivals this. This is paid. This is tightly controlled. This is prepared. This is unified. American organized political trolling is just a run-of-the-mill monkey shitfight with the occasional Koch Bros/Soros website (usually easily sourceable) thrown in.

Now if you can point me to a faked ISIS attack on American soil right before an election that was done by some political group stateside, I'd be interested to hear about it.

Submission + - Jason Scott of textfiles.com Wants Your AOL & Shovelware CDs (textfiles.com) 1

eldavojohn writes: You've probably got a spindle in your close tor a drawer full of CD-ROM media mailed to you or delivered with some hardware that you put away "just in case" and now (ten years later) the case for actually using them is laughable. Well, a certain mentally ill individual named Jason Scott has a fever and the only cure is more AOL CDs. But his sickness doesn't stop there, "I also want all the CD-ROMs made by Walnut Creek CD-ROM. I want every shovelware disc that came out in the entire breadth of the CD-ROM era. I want every shareware floppy, while we’re talking. I want it all. The CD-ROM era is basically finite at this point. It’s over. The time when we’re going to use physical media as the primary transport for most data is done done done. Sure, there’s going to be distributions and use of CD-ROMs for some time to come, but the time when it all came that way and when it was in most cases the only method of distribution in the history books, now. And there were a specific amount of CD-ROMs made. There are directories and listings of many that were manufactured. I want to find those. I want to image them, and I want to put them up. I’m looking for stacks of CD-ROMs now. Stacks and stacks. AOL CDs and driver CDs and Shareware CDs and even hand-burned CDs of stuff you downloaded way back when. This is the time to strike." Who knows? His madness may end up being appreciated by younger generations!

Comment Re:Defense of the Article (Score 1) 425

So there could be two groups, those who look to improve their skill, who quickly distance themselves from the group that doesn't. Of course, there will still be wide variance in skill between the members of each group. I'm sure you can think of other ways it could happen.

No, I can't. I started out and I sucked. I got better eventually through experience. In order for it to be truly bimodal, people have to start in either camp A or camp B and end in the same camp they started in. Because if you transition from one to another over time, any point in time will capture a group of people in between the modes. Now, you can argue that people don't spend much time in between those modes but you haven't presented any evidence for that. What's more likely is you have geocities coders on one tail and John Carmack/Linus Torvolds on the other tail. And in between are people like the presenter and I. And since I'm not instantaneously going from bad to good, the reality of the situation is most likely some degree of a normal curve filled with people trying to get better at programming or even just getting better though spending lots of time doing it and learning a little along the way.

For all your attacks on the presenter, your argument of a bi-modal distribution sounds more flawed to me. I would love to see your study and hear your argument.

Comment Defense of the Article (Score 1) 425

This guy doesn't know how to measure programming ability, but somehow manages to spend 3000 words writing about it.

To be fair, you can spend a great deal of time talking about something and make progress on the issue without solving it.

For example the current metrics are abysmal so it's worth explaining why they're abysmal. I just was able to delete several thousand lines of JavaScript from one of my projects after a data model change (through code reuse and generalization) -- yet I increased functionality. My manager was confused and thought it was a bad thing to get rid of code like that ... it was absolute dopamine bliss to me while he felt like our production was being put in reverse. KLOC is a terrible metric. But yet we still need to waste a lot of breath explaining why it's a terrible metric.

Another reason to waste a lot of time talking about a problem without reaching an answer is to elaborate on what the known unknowns are and speculate about the unknown unknowns. Indeed, the point of this article seemed to be to advertise the existence of unknown unknowns to "recruiters, venture capitalists, and others who are actually determining who gets brought into the community."

So he doesn't know......programmer ability might actually be a bi-modal distribution.

Perhaps ... but that would imply that one does not transition over time from one hump to the next or if they do, it's like flipping a light switch. When I read this I assumed that he was talking only about people who know how to program and not "the average person mixed in with programmers."

If he had collected data to support his hypothesis, then that would have been an interesting article.

But you just said there's no way to measure this ... how could he have collected data? What data set could have satiated us? The answer is quite obvious and such collection would have been a larger fool's errand than the original article's content.

Submission + - Recent Paper Shows Fracking Chemicals in Drinking Water, Industry Attacks It (nytimes.com)

eldavojohn writes: A recent paper published in the Proceedings of the National Academy of Sciences turned up 2-Butoxyethanol from samples collected from three households in Pennsylvania. The paper's level headed conclusion is that more conservative well construction techniques should be used to avoid this in the future and that flowback should be better controlled. Rob Jackson, another scientist who reviewed the paper, stressed that the findings were an exception to normal operations. Despite that, the results angered the PR gods of the Marcellus Shale Gas industry and awoke beltway insider mouthpieces to attack the research — after all, what are they paying them for?

Submission + - UMG v Grooveshark settled, no money judgment against individuals

NewYorkCountryLawyer writes: UMG's case against Grooveshark, which was scheduled to go to trial Monday, has been settled. Under the terms of the settlement (PDF), (a) a $50 million judgment is being entered against Grooveshark, (b) the company is shutting down operations, and (c) no money judgment at all is being entered against the individual defendants.

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