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Comment Re:Righthaven (Score 1) 46

What is right wing about filing a lawsuit to unmask a doe, suing that person, then settling for a much smaller amount. It seems this is used by many different trolls, and likely doesn't have any political ideology behind it. It is sleazy though. Filing a lawsuit with the intention of settling just to get a payout is wrong. It is short circuiting the justice system for personal profit.

Yeah that's neither right nor left, it's the universal language of greedy bloodsuckers.

Comment Re:Thanks for this, NYCL! (Score 1) 46

I think we're agreeing on the same thing, just in different ways.. :)

To this point, it seems like many courts in the past have accepted at face value that there is SOME linkage between an IP address and a person, so unless this one MJs decision becomes binding or is made a precedent across more than the EDNY, wouldn't the next logical question be to ask what actually constitutes illegal file sharing?

In other words, if some other court somewhere accepts (seemingly without any actual evidence) that there is a link between and Joe Smith, but ALSO notes that mere possession of a file fragment does not constitute an action for which relief may be granted, doesn't it moot the suit anyway?

Comment Re:Righthaven (Score 3, Interesting) 46

What is right wing about that process? The Democrats support the movie industry, not the Republicans.

The fact that Democrats support something doesn't negate the possibility of something being right wing. The Democrats are not ideologically pure, or ideologically homogenous, and very few of them can be considered "left".

To me, pretending that copyright is only about property rights, and ignoring the fact that copyright was also supposed to be about free speech and about making material available for free to the public after a limited time, is definitely "right wing".

Comment Re:Thanks for this, NYCL! (Score 1) 46

Yes, totally agree, but also thinking that the net result may still be that the standard of what constitutes a tort (and again, IANAL, I just enjoy this sort of thing, so please forgive me if I'm using incorrect or imprecise language) in the case of file sharing might be shaped by the larger question of who may be sued.

If a file fragment is not enough to sustain an action against a downloader, wouldn't that also raise a 12(6)(b) question?

Comment Re:Thanks for this, NYCL! (Score 1) 46

No doubt that the potential liability here is truly epic.

As to the profit side of the equation, I'm not really sure how that's quantifiable, since there is no real way of knowing what their potential income could have been absent the ability to get their content for free.

I mean, I can admit freely that I've been a beneficiary of free content over the years, and the hundreds of dollars I've NOT spent are certainly small potatoes in a vacuum, but multiply me by a few million and that suddenly real money.

All that said, I'd certainly never disagree publicly with a /. member with a nearly 3-digit member #, considering I'm a damn /. elder statesman with my low 6-digit one..:)

Comment Re:DMCA needs to die (Score 1) 46

This has nothing to do with the DMCA, this is a straight out copyright infringement lawsuit being filed. The real problem is that the methods the copyright holders (or the copyright enforcement goons acting on their behalf) are using to identify torrent users aren't good enough and its good to see at least one judge willing to call these enforcers out on it.

Exactly. Would have been nice for judges to start doing this 11 years ago, but glad they've come around.

Comment Thanks for this, NYCL! (Score 2) 46

IANAL but I read court documents for fun (Sad, no?) via well-oilied PACER account, and this whole case has made for some very entertaining reading.

Regardless of the merits of the practices that Mailbu Media use, it's hard to see how the film industry as a whole (not just the adult version) can really survive if the standard of proof for infringement is a concrete connection to a specific user AND a requirement that the downloader receive a usable section of the overall file(s). One of the key points in the documents seem to be that the mere possession of a file fragment is not sufficient to rise to the level of an actionable tort is pretty telling, since that would require the court to make some sort of threshold for when a piece of an overall file becomes infringing.

Submission + - All Malibu Media subpoenas in Eastern District NY put on hold

NewYorkCountryLawyer writes: A federal Magistrate Judge in Central Islip, New York, has just placed all Malibu Media subpoenas in Brooklyn, Queens, Long Island, and Staten Island on hold indefinitely, due to "serious questions" raised by a motion to quash (PDF) filed in one of them. Judge Steven Locke's 4-page Order and Decision (PDF) cited the defendant's arguments that "(i) the common approach for identifying allegedly infringing BitTorrent users, and thus the Doe Defendant, is inconclusive; (ii) copyright actions, especially those involving the adult film industry, are susceptible to abusive litigation practices; and (iii) Malibu Media in particular has engaged in abusive litigation practices" as being among the reasons for his issuance of the stay.

Comment Re:Bad comparison? (Score 1) 119

Depends on the game. A few MM*s are happy with giving you time off. Those are generally either pay-to-own like Guild wars or free to play and supported by a microtransaction model. Some, like Path of Exile, let you idle for as long as you like. Others, like League of Legends (admittedly a MOBA but with the same kind of non-pay-to-win microtransactions), will release your account name after a period of inactivity, although if I remember correctly, LOL allows you to recover an inactive account somehow.

I may be wrong on that last one; I dropped LOL for good when I realized it wasn't really for me.

One thing I do know is that most of my friends avoid subscription-based MMOs like the plague. Too expensive, too demanding.

Comment Re:WoW! really its taken this long to figure that (Score 1) 119

True. I play Path of Exile a lot although I don't see it as an MMO - it's more like a Diablo clone with great multiplayer. That's the appeal, actually: I don't have to run through shared areas, competing with random strangers over who gets to kill the mobs. I don't have to put up with random strangers forcing me into PVP so they can get off over how superior their optimized PVP build is to someone else's PVE build. I can party with my friends whenever we feel like it, though. The game is effectively a singleplayer game with drop-in multiplayer support. I like that.

And it doesn't do subscriptions. It has a microtransaction model that avoids the whole pay-to-win issue by only selling you cosmetic items and a few non-essential convenience things. That makes it easy to pick up and put down as well as making it completely invisible to TFA's subscription metric.

I don't really play any other MMOs. But then again I'm not into massively multiplayer games and PoE only sticks with me because it doesn't play like an MMO. Some games just fit into more than one genre.

Comment Re:the USA is Portugal (Score 1) 87

"The USA" doesn't mean a lot now that private companies have sprung up. You do have a point, however: NASA is damn good at payloads. Their stuff usually works really well once it's up but, well, they kinda suck at launch vehicles. The most likely reason is pork. It's hard to spread out manufacturing of a space probe over fifty states but a new launch vehicle? Easily. And once parts manufacturers exist they must never go away, hence the SLS, which most likely will be unneccessarily expensive while performing worse then a vehicle that wasn't designed to generate revenue for every damn state in the union.

Honestly, NASA would probably do better if they sold their launch assets to SpaceX and focused entirely on payloads and missions. Whether they'll end up launching with rockets from Russia, Japan, SpaceX or even Copenhagen Suborbital is no matter as long as the rockets are reliable. The existing rockets have a track record and it's often a good one. NASA's new launcher doesn't.

"Live or die, I'll make a million." -- Reebus Kneebus, before his jump to the center of the earth, Firesign Theater