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Journal: in which i am a noob all over again 17

Journal by CleverNickName

I haven't posted a journal here in almost three years, because I couldn't find the button to start a new entry. ...yeah, it turns out that it's at the bottom of the page.

So... hi, Slashdot. I used to be really active here, but now I mostly lurk and read. I've missed you.

User Journal

Journal: Slashdot Moderation System is Nonsensical 1

Journal by Speare

Been on Slashdot for at least a decade now, I forget when I joined. Have had "excellent" karma since before they used fuzzy words instead of numbers to describe it. Haven't had mod points for the past few years... then suddenly this month I've had mod points five or six times. Either the dice are loaded, or they ran out of other moderators, or the whole system is broken.

User Journal

Journal: a return which is long overdue (plus achievements!) 17

Journal by CleverNickName

I've lurked at /. without posting for ages, mostly because I just don't have the time to interact like I used to.

But I've been clicking through the old RSS feed more and more lately, and when I saw the PAX Plague thread today, I came over to comment, since I'm kind of affected by the whole damn thing. I thought I'd take a look around since I haven't been here in awhile, and I saw that there are freaking ACHIEVEMENTS associated with our accounts. It's silly, and I'm sure it's been here forever, but I thought it was awesome and I was delighted when I read it.

I didn't realize how much I missed Slashdot until I spent some time here today, and I bet that anyone who joined in the last 2 years doesn't even give a shit about my stupid comments or anything, but it felt good to come back here, and feel safely among my people again.

User Journal

Journal: J.K.Rowling wins $6750, and pound of flesh 17

Journal by NewYorkCountryLawyer
J.K. Rowling didn't make enough money on Harry Potter, so she had to make sure that the 'Harry Potter Lexicon' was shut down. After a trial in Manhattan in Warner Bros. v. RDR Books, she won, getting the judge to agree with her (and her friends at Warner Bros. Entertainment) that the 'Lexicon' did not qualify for fair use protection. In a 68-page decision (PDF) the judge concluded that the Lexicon did a little too much 'verbatim copying', competed with Ms. Rowling's planned encyclopedia, and might compete with her exploitation of songs and poems from the Harry Potter books, although she never made any such claim in presenting her evidence. The judge awarded her $6750, and granted her an injunction that would prevent the 'Lexicon' from seeing the light of day.
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Journal: U. Mich. student calls for prosecution of Safenet

Journal by NewYorkCountryLawyer
An anonymous University of Michigan student targeted by the RIAA as a 'John Doe', is asking for the RIAA's investigator, Safenet (formerly MediaSentry), to be prosecuted criminally for a pattern of felonies in Michigan. Known to Michigan's Department of Labor and Economic Growth -- the agency regulating private investigators in that state -- only as 'Case Number 162983070', the student has pointed out that the law has been clear in Michigan for years that computer forensics activities of the type practiced by Safenet require an investigator's license. This follows the submissions by other 'John Does' establishing that Safenet's changing and inconsistent excuses fail to justify its conduct, and that Michigan's legislature and governor have backed the agency's position that an investigator's license was required.
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Journal: ABA Judges Get an Earful about RIAA Litigations 5

Journal by NewYorkCountryLawyer
Well, I was afforded the opportunity to write for a slightly different audience -- the judges who belong to the Judicial Division of the American Bar Association. I was invited by the The Judges' Journal, their quarterly publication, to do a piece on the RIAA litigations for the ABA's Summer, 2008, 'Equal Access to Justice' issue. What I came up with was 'Large Recording Companies vs. The Defenseless : Some Common Sense Solutions to the Challenges of the RIAA Litigations', in which I describe the unfairness of these cases and make 15 suggestions as to how the courts could make it a more level playing field. I'm hoping the judges mod my article '+5 Insightful', but I'd settle for '+3 Informative'. For the actual article go here (PDF). (If anyone out there can send me a decent HTML version of it, I'll run that one up the flagpole as well.)
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Journal: eBay beats Tiffany's in trademark case 2

Journal by NewYorkCountryLawyer
Tiffany's has lost its bid to hold eBay liable for trademark infringement of Tiffany's brands taking place on eBay. After a lengthy bench trial (i.e. a trial where the judge, rather than the jury, decides the factual questions), Judge Richard J. Sullivan has issued a 66-page decision (PDF) carefully analyzing the facts and legal principles, ultimately concluding that 'it is the trademark owner's burden to police its mark, and companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring on their websites'.
User Journal

Journal: Dow Jones MarketWatch likens RIAA to the Mafia 11

Journal by NewYorkCountryLawyer
According to commentator Therese Polletti at Dow Jones MarketWatch, "the RIAA's tactics are nearly as bad as the actions of mobsters, real or fictional. The analogy comes up easily and frequently in any discussion of the RIAA's maneuvers." Among other things she cites the extortionate nature of their 'settlement negotiations' pointed out by Prof. Bob Talbot of the University of San Francisco School of Law IP Law Clinic, whose student attorneys are helping private practitioners fight the RIAA, the illegality of the RIAA's use of unlicensed investigators, the flawed evidence it uses, and the fact that the RIAA thinks nothing of jeopardizing a student's college education in order to make their point, as support for the MAFIAA/Mafia analogy.
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Journal: Class action complaint against RIAA available online 4

Journal by NewYorkCountryLawyer
Recommended reading for all interested in the RIAA's litigation war against p2p file sharing is the amended class action complaint just filed in Oregon in Andersen v. Atlantic. This landmark 109-page document (pdf) tells both the general story of the RIAA's campaign against ordinary folks, and the specific story of its harassment of Tanya Andersen, and even of her young daughter. The complaint includes federal and state RICO claims, as well as other legal theories, and alleges that "The world's four major recording studios had devised an illegal enterprise intent on maintaining their virtually complete monopoly over the distribution of recorded music." The point has been made by one commentator that the RIAA won't be able to weasel its out of this one by simply withdrawing it; this one, they will have to answer for. If the relief requested in the complaint is granted, the RIAA's entire campaign will be shut down for good.
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Journal: EFF travels to Arizona to argue Howell case

Journal by NewYorkCountryLawyer
Although based in San Francisco, and only an amicus curiae in the Phoenix, Arizona, case of Atlantic v. Howell, the Electronic Frontier Foundation is sending its senior intellectual property lawyer Fred Von Lohmann to Phoenix to argue the Howell case, on behalf of the defendant, who is not represented by counsel. Due to the RIAA's attempt to take advantage of Mr. Howell's being undefended to try to convince the judge that merely 'making files available for distribution' -- i.e., just having them on one's computer in a manner that is accessible to sharing -- and that copying files from one's cd onto one's computer in mp3 format is itself "unlawful", EFF filed an amicus brief in January. Now it's taking the unusual step of actually sending someone to the courthouse to orally argue the motion.
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Journal: Should RIAA's investigator have to disclose backup? 12

Journal by NewYorkCountryLawyer
A technology battle is raging in UMG v. Lindor in Brooklyn over whether the RIAA's investigator, SafeNet (formerly known as MediaSentry), which has produced certain *txt printouts, now needs to disclose its digital files, validation methodology, testing procedures, failure rates, software manuals, protocols, packet logs, source code, and other materials, so that the validity of its methods can be evaluated by the other side. SafeNet and the RIAA say no, the information is "proprietary and confidential". Ms. Lindor says yes, if you're going to testify in federal court the other side has a right to test your evidence. A list of what is being sought is here (pdf). MediaSentry has produced 'none of the above'. "Put up or shut up" says one commentator to MediaSentry. What do you say?
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Journal: Connecticut Judge rejects RIAA 'making available' theory 3

Journal by NewYorkCountryLawyer
A federal judge in Connecticut has rejected the RIAA's "making available" theory, which is the basis of all of the RIAA's peer to peer file sharing cases. In Atlantic v. Brennan, in a 9-page opinion (pdf), Judge Janet Bond Arterton held that the RIAA needs to prove "actual distribution of copies", and cannot rely -- as it was permitted to do in Capitol v. Thomas -- upon the mere fact that there are song files on the defendant's computer and that they were "available". This is the same issue that has been the subject of extensive briefing in two contested cases in New York, Elektra v. Barker and Warner v. Cassin. Judge Arterton also held that the defendant had other possible defenses, such as the unconstitutionality of the RIAA's damages theory and possible copyright misuse flowing from the record companies' anticompetitive behavior.
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Journal: Ron Paul's Racist Past 1

Journal by Infonaut

It's been touched on before in various Slashdot discussions, but the mainstream media is starting to pay more attention to Ron Paul, darling of the Internet libertarian set, and the attention isn't very flattering. An article in The New Republic, "Angry White Man" lays out in detail how Paul's newsletters have over the years published a wide variety of paranoid and racist material. As Cato Institute scholar Tim Lee points out, it's not really important whether Paul wrote the statements or someone else did. His name is on the publication. What sort of an executive doesn't take responsibility for statements made under his name?

It's a shame. Voters are looking for a third way, and for a time Ron Paul seemed a breath of fresh air. But when you get into the rough-and-tumble of presidential politics, everything is scrutinized. I'm thankful that the press is finally investigating Paul in more detail, but I suspect that many Paul supporters will try to pretend that he's still a worthy candidate. They'll ignore his "extensive interviews to the magazine of the John Birch Society" and they'll pretend his newsletters never contained headlines like this one about racial disturbances in the Adams Morgan district in Washington, D.C.: "Animals Take Over the D.C. Zoo."

That's not confronting political correctness. That's racism. I don't want a president who tolerates crap like this to be written under his name, whether by him or by someone else.

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