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Comment Re:"the Native American Minnesotan" (Score 1) 146

Why do we care that she's of tribal descent? Are we now saying tribal American's are exempt from copyright laws? I flatly refuse to redefine native they way the PC crowd does, if you were born in the US you are native. I happen to be of Cherokee linage as well, but that doesn't matter, I'm native because I was born here.

In this case, I personally believe that she was discriminated against by the jury, because she was a Native American. She was tried many many miles from where she lived and worked, and did not have a jury of her peers.

Comment Re:Question for NYCountryLawyer re illegal downloa (Score 2) 146

Was she really convicted of "illegal downloading?"

1. She wasn't "convicted" of anything; this wasn't a criminal case. She was found liable for copyright infringement by making copies through downloading, thus violating the record companies' exclusive reproduction rights.
2. She was also sued for "distributing" and "making available for distributing", but the judge threw out the "making available for distributing" claim, and there was no evidence offered of the "distributing" claim.

So yes, the only thing she was found liable for was downloading.

Comment Re:by my estimation (Score 1) 146

This case is Capitol vs Thomas, not RIAA vs Thomas. Capitol is a music publisher, and this case was about their works.

1. Capitol is but one of the plaintiffs.
2. The RIAA was in fact running the case, with the aid of the record company plaintiffs.
3. Capitol is a record company, not a music publisher.
4. The case was about the recordings of several different companies.

Submission + - Jammie Thomas takes constitutional argument to SCOTUS (blogspot.com)

NewYorkCountryLawyer writes: "Jammie Thomas-Rasset, the Native American Minnesotan found by a jury to have downloaded 24 mp3 files of RIAA singles, has filed a petition for certioriari to the United States Supreme Court, arguing that the award of $220,000 in statutory damages is excessive, in violation of the Due Process Clause. Her petition (PDF) argued that the RIAA's litigation campaign was "extortion, not law", and pointed out that "[a]rbitrary statutory damages made the RIAA’s litigation campaign possible; in turn,that campaign has inspired copycats like the so-called Copyright Enforcement Group; the U.S. Copyright Group, which has already sued more than 20,000 individual movie downloaders; and Righthaven, which sued bloggers. This Court should grant certiorari to review this use of the federal courts as a scourge"."

Comment Re:why no pics? (Score 1) 64

My first thought when I read the article was "just sell it as a novelty product" - green and yellow honey in some sort of twin pack might go down well in sports-mad Australia, for example. But those pictures are much, much more disturbing than I expected, and I'm not sure I could get past the colour after all. Maybe kids would love the idea of funky-coloured honey though (they like tomato sauce to be green FFS - kids are weird).

Comment Re:Who cares (Score 1) 399

For me it's not the "hard and catastrophic" failures that are a problem - it's the subtle ones. For example a recent customer environment - DNS lookup for a particular server returned the wrong IP. It worked perfectly, and fast, except that the data was wrong. It took nearly a week of debugging firewalls, routing tables, services and app configuration to figure it out - and the problem was actually caused by OpenDNS and its filtering.

When you look at "64.27.80.4" and compare it to "67.215.2.41" the differences are obvious. Not so when you're trying to compare "6732:87fb:87fa:12a9::54d8" with "6732:87fb:87fa:72a9::54d8" and work out why things are failing.

Comment Re:Good Lord (Score 1) 285

Thomas did not ruin the life of any of the involved corporation(s), nor did she ruin the life of any of their employees. It is simply not just to ruin her life in retaliation. That this goes on and is so widely considered legitimate is an example of our remaining barbarism.

I think most people, both in and out of the United States, see a result like this as absurd.

Comment Re:Piracy = theft? (Score 1) 285

Nearly 10k per song is just dumb. If a CD is 12 tracks and costs ~15 bucks, its a bit over $1 per song. So this is a 1000000% penalty. one million percent. Just insane, no way that isnt unconstitutional. The fines should be like 200, maybe 300% penalty, maybe even 1000% (10x). That's reasonable. The punishment must fit the crime and all that.

That's the issue all right. And I think the Court's decision is absurd.

Submission + - 8th Circuit upholds $220,000 verdict in Jammie Thomas case (blogspot.com)

NewYorkCountryLawyer writes: "The US Court of Appeals for the 8th Circuit has upheld the initial jury verdict in the case against Jammie Thomas, Capitol Records v. Jammie Thomas-Rasset, ruling that the award of $220,000, or $9250 per song, was not an unconstitutional violation of Due Process. The Court, in its 18-page decision (PDF), declined to reach the "making available" issue, for procedural reasons."

Comment Re:Ugh (Score 1) 57

Absolutely - I see SlashBI and I think "great idea, let's slash our business intelligence [further] by getting the MBAs to read this site". I doubt that that's the reaction for which the MBA crowd aimed, however.

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