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Comment Re:Righthaven (Score 1) 67

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:BTRFS is getting there (Score 1) 279

My problem with BTRFS and ZFS, and I admit I may be in the minority, is the handling of RAID. Creating a raid setup is fantasically easy in ZFS and BTRFS and is miles ahead of mdadm. However, the problem comes when you want to expand your raid. If you want to increase your capacity, you have to create a whole new raid the same size as your old raid.

I'm sorry, but I really don't want to put together another 16 TB of disks and add another 16TB to my raid. I just want to add another 3 or 6 TB hard drive and expand it that much. I don't consume TB of data in the span of a few weeks or month. Adding an additional 3 TB to my RAID will last me for another year or so. It would be pointless to add another 16 TB and it would waste 2 additional disks for no reason.

If I add another 3 TB disk to my RAID6 under mdadm, I get another ~3 TB. If I add another 8 3 TB disks to my current raid, I get another 24 TB. If I add anothe 8 disks to a ZFS or BTRFS raid setup, I get another... 16TB. Fuck that.

Other than that, I haven't found anything that I dislike about ZFS or BTRFS... but the RAID situation is a real deal killer.

Comment Re:Righthaven (Score 3, Interesting) 67

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:DMCA needs to die (Score 1) 67

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.

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 Treated as an expense, not an asset (Score 4, Insightful) 474

One of the major problems with IT and engineering departments is that they are treated as an expense. They are something distasteful but necessary to the business, but the business would rather do away with it if it could. When you and/or your department are viewed like that, it's hard not to become cynical and annoyed with the other departments.

Often times IT is the gatekeeper of information and much like dentists and doctors, they are often times the bearers of bad news, even though they aren't the cause. They are just the messenger, but when you're told "No, you can't access Facebook during work hours," the IT department is often blamed, even though they didn't make the policy.

Engineering is seen as an impediment to sales and progress because they are the ones that have to keep saying "No, it's not ready yet." or "No, we can't do that." Engineering is like the police department... everyone hates them until they need them. Then when that need is over, it goes right back to hating them.

Comment I would pay for the strips (Score 4, Interesting) 109

This is one of the few strip I would pay to access. While I wouldn't be paying to access the strip itself, I would be paying to support Breathed and to encourage him to continue the strip. I can't really think of many other comic strips, modern or otherwise that I would do this for.

Comment Yes, as long as there is choice and free will (Score 2) 351

Yes, advertising is morally justifiable as long as there is choice to not be exposed to that advertising. If there is a website that you are required to go to for say the IRS or other government services. Or you're required to go there for your school or some other "required" website, then it gets far more murky. But if you are going to a commercial or entertainment or even a news site, then it is totally morally justifiable, since there is no requirement that you visit that site. You are agreeing to the consumption of the content for "free," you are really paying with your attention, and there's nothing wrong with that.

Then when you throw in AdBlock and it's ilk into the mix, which allows you to bypass the attention sale, I think it's totally justifiable.

To take it a step further, if you could somehow mandate (haha) that advertising be easily blockable, then it goes even further into the justifiable category, since only those wish to see the advertising would be seeing it. That's the choice... We should not limit people in what they can and can't do just because we don't agree with where we "spend" out attention. Not that anyone is suggesting that. I don't think the question is whether it's morally justifiable or not, since advertising really doesn't have a moral component, so long as there is choice (and there currently is) - if and when the advertising crosses over into the forced and unavoidable advertising, then it absolutely is NOT justifiable under any circumstance.

I really think that is the ultimate crux here: If a person can avoid the advertising (either through a switch, through AdBlock et al or by not visiting the site) then it's totally justifiable. If it is forced upon the person or on a site that you are required to visit for something that is unavoidable (Government services, etc...) then no, it's not justifiable at all.

Other than that, the free market should decide. If the advertising is too much on a site, then don't visit it... that company will either change it's ways or go out of business.

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 .

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