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Journal: Privacy and Secrecy 9

Journal by ShieldW0lf

These two concepts are presented as being synonymous in popular discussion. A "You can't have one without the other." kind of thing.

This concerns me greatly.

I could write at great length about the threat secrecy poses to human culture, and have before, but that's not what I'm going to do right now.

I've had conversations in the past where I claimed people never had privacy in the first place, that between the government and the schools and the banks and credit card companies and whatnot, their movements and activities have been monitored since the day they were born.

But this was never precisely right. Because privacy doesn't require secrecy. That is what I want to talk about.

First, a couple of illustrations:

When you go to the bathroom, it's not a secret what you're going in there for. We know you're going in there to release waste. You know that we know. But we would generally agree that this gives you privacy.

When you live with roommates, and you take your special someone to your room and hang a tie on the door, we know what you're in there for. You know that we know. But you still feel a sense of privacy, and you still do what you went in there to do.

So. What makes these situations private, when they're not even vaguely secret?

The lack of a requirement to interact.

It's a matter of social decorum. Good manners.

At the end of the day, I don't really care that you know I took a dump. What I care about is that I don't have to carry on a conversation about it. I don't even want to have the "conversation of the eyes". I want to forget, for a moment, that you exist.

I don't think I'm exceptional in this regard.

So, clearly, you can have privacy without secrecy.

Let's examine something a little more pervasive.

Unless you've been hiding under a rock for the last 15 years, you're probably familiar with the "Reality TV" concept.

These people are living in a fishbowl. They have no secrets, and they know it.

But you can clearly see that, despite this, they will seek out a space where they are physically alone so they can have some privacy. And you can clearly see them relax, because their need for privacy has been fulfilled.

Why? There are likely more people observing them that ever before... how can they possibly feel like they have privacy?

The answer is, they don't need to react to you. They don't need to respond to things you say. That automatic reflex we have to decipher what your eyes are saying never kicks in. That is what they really crave.

So. One more illustration. Not even anecdotal. Could not tell you when or where I heard this, but here goes:

The story is, there is an Asian culture where everyone is packed in so tightly, and their building construction affords them no secrecy because their walls are so thin that a man walking past your house can see and hear right through your rice paper walls.

Nevertheless, these people successfully find the privacy they need. Because they do not react to things that are none of their business. They know their place.

There is a lesson here for us.

We are grappling with a real problem in our civilization. We have forged tools with the power to extend our senses further than our great grandparents could have ever dreamed. But we have not yet demonstrated the maturity to handle it.

The result of this is that there is a small class of people who have access to vast amounts of information about everyone, and a large class of people who have very little access and what access they have has been carefully chosen to control their opinions.

The small class of people and the large class of people are both fighting to preserve this state of affairs. The large class are defending the "right to secrecy" because they feel they are fighting to protect their privacy from their ill mannered fellows. The small class are defending the right to secrecy because they have an unfair advantage over their fellows and they wish to preserve that state of affairs.

Simultaneously, you have people who are fighting for "transparency", because they recognize the unfair advantage that is held by a group that seeks to control them, and they wish that unfair advantage erased.

In this way, we are turned against ourselves by those who would rule us.

I've argued this point exhaustively in online forums under my standard pseudonym, and have been jeered at, and invited to publish my real name, address and banking information.

This is what we're up against. I've got skeletons in my closet, same as everyone. I'm flawed, but I'm confident I'm no more flawed than any of you. If the veils of secrecy came crashing down for one and all, I'm confident that it would be impossible for anyone to attack my character and reputation without being seen for a gross hypocrite.

But, to go first is to allow hypocrites to destroy you, and to fail in your attempt to address the problem.

It's a difficult problem. I'm not sure how to get from where we are to where I believe we need to be. I see it as a real possibility that we will destroy our own potential to grow beyond the limitations of our fragile flesh rather than develop the maturity to cope with this situation.

However, I think that creating a sense of the distinction between privacy and secrecy is an essential step towards having a dialog that will lead us there.

Thank you for reading.

User Journal

Journal: A new democratic model 4

Journal by ShieldW0lf

This is a work in progress, which I will continue to expand upon. I feel it is important to share it in it's unfinished, because I am frequently misunderstood when I attempt to communicate my ideas in conversation, and am attacked by people based on a false understanding of what I propose. This is intended to be a tool which I deliver as a gift to mankind, to use or ignore as they see fit, and not something I impose upon anyone.

The Principles:

Any person who wishes to participate in the running of society has the right to do so. They operate in the fashion that suits them best in each sector, and they do as they will with their spare time. They have the right to vote in the operation of the society they participate in and have their vote counted.

Some people cannot choose to actively participate in society. Children who are too immature to be safe, invalids who are unable because they are in too much pain, those too elderly to function properly.

People need to be involved to have the right to make decisions. If they are not involved, their vote should not count. To allow their vote to count is to those who are ignorant to rule. When one man knows, and another does not, the second should bow his head, and the first should take responsibility.

However, people who are not involved should still have the right to cast votes, propose changes to the system and express themselves just as any other. Wisdom can come from those who are young, elderly and infirm, and it is important that we respect that fact. We can all remember bearing witness to hidebound foolishness amongst our elders at some point in our youth, and those of us who are not yet elderly and infirm can rest assured that we most likely will be.

Those who are not involved and cast votes should not have their vote counted towards a decision, however, those who are involved are free to assign their vote to them, and those votes will count. Thus, a wise elder or visionary invalid who cannot participate through deeds may still be the voice of those who do participate through deeds, for as long as they believe his leadership is wise.

Children should be treated as a special case.

It is important that children continue to be born and that the system should treat them as future citizens of vital importance to us all and not the same as mature or invalid dependents who are cared for out of compassion.

Therefore, parents should be considered to have an additional vote that represents their child, for so long as they continue to nurture to them.

Children should still continue to be able to cast a vote for themselves when they are mature enough to understand what that means, participate in the process and develop their voice, and if mature adults choose to appoint a child as their representative, those votes should be assigned according to the choices of the child and not automatically be passed along to the childs parent.

All data and information should be available to everyone in principle, and it shall be an ongoing goal of society to see that all measures available to make it accessible in practice are implemented. Transparency of information shall never be compromised in support of other concerns, because it is essential to the sane and wise operation of a democratic society.

Where secrecy exists, the act of participating in democracy is itself insane and unwise. It is through exploitation of this truth that those with arcane knowledge make themselves parasites of the ignorant, leading to weakness and suffering of those kept ignorant, the inevitable execution of the parasitic ruler, and often the destruction of the entire human culture.

Preventing this situation from arising is the responsibility of all humanity.

The Tools:

The Watchers - A sensor network, intended to gather data and allow all people to be aware of the environment to the maximum practical degree

The Testaments - Personal mesh networked voting devices with record keeping and personal sensors, intended to allow a person to demonstrate their votes to their peers, review the ongoing operations of the culture and propose changes to the way things are run.

The Witnesses - Stationary mesh networked recording devices, intended to decentralize vote archives and create enough forensic evidence to make wide scale vote tampering impossible

The Web - Wired network, intended to act in a supporting role to the Watchers, Testaments and Witnesses where it is advantageous to use Artifacts of Mankind to analyze data and discover patterns.

The Transition:

This presupposes that the infrastructure for the new model for representative democracy has been designed and distributed and the vast majority agree in principle with its use.

I started writing this proposal with the idea of applying it strictly to legal systems, but realized that it really should govern all common systems, which would include all large scale infrastructure and commonly used systems for governing human affairs. This is a statement with far reaching implication and is going to have to be expanded upon significantly for it to make sense.

1) Cataloging:

We should create a catalogue of laws and systems, together with the justification for those laws and systems, an articulation of the sacrifice they represent, and an articulation of any conditions which would justify their being revoked.

The population should have x number of days to create a catalogue of the laws and systems which exist, together with the justification for those laws and systems continued existance.

2) Judgement:

The population should vote to determine if the closing period for contributions to the catalogue should be extended.

Any laws and systems which are not indexed after the closing period will be judged to be unsupported by anyone and therefore eliminated (there being no reason why they cannot be re-introduced at the end of the migration process)

The laws and systems should be indexed in terms of those which are justified by core values and those which are justified because of how they affect other laws and systems, and a map created that articulates these justifications.

The laws and systems sould then be considered in terms of the relevance of their stated purpose, how well they fulfil their stated purpose, and a consideration of how and if the current conditions are right for them to exist. The population should vote to keep them or remove them on this basis.

At the conclusion of this process, there should be no laws and systems which do not have justification, common support, and some thought put to the time when they might cease to be sane and wise.

3) Ongoing Operation

Any person may:

    a) Propose a new law or system with novel justification

    b) Propose that a new contraindication be ratified for an existing system
                  When the conditions of our culture are x, this rule will cease to be wise.

    c) Propose that a new sacrifice be ratified for an existing system
                  This rule causes hardship in x way, and that hardship should be acknowledged.

    d) Propose that the conditions for revoking an existing system have been met
                  This contraindication was set down long ago when this rule was made, and I propose that it now applies

    e) Propose a new law or system to supersede an existing system by meeting it's justification with:

                - less sacrifice (demonstratable justification)
                          We can meet need x with this different system, and hardship x which the previous system demanded
                          would cease to be necessary
                - less contraindications (deductive justification)
                          Existing system x will become a poor and unwise tool when condition x occurs, and this new system will meet
                          the need without the risk of becoming defunct under condition x.
                - both

A system will have to be agreed upon to determine at what point a proposal must be put to a vote. Possibilities might be that a certain critical number of people must "second" the proposal, or perhaps a critical percentage of the population.

User Journal

Journal: The Soap Bubble 3

Journal by ShieldW0lf

I'm going to use the term God. If you find yourself dragging your religious preconceptions into this as a consequence of this label, feel free to substitute the word "Reality" where you see the word "God". I do this because, to my mind, they are describing the same thing using different technical languages that come from different knowledge systems, and I hope to provoke others to look at them the same way.

The universe can be understood in terms of the complexity of the arrangement of God's substance.

The singularity is the ultimate victory of Gravity and Entropy
The big bang is the ultimate failure of Gravity and Entropy

The creation of this universe is the eruption of the substance of God into an increasingly complex pattern. The limits of this complexity are imposed by, gravity, entropy and the amount of God. These limits will cause the complexity of the pattern to peak, and the complexity will degenerate back into simplicity, which will be pulled back into a singular state.

These perspectives as I've articulated them are written from the observing position of a living creature within the multiverse and bound by time.

From the position of an imagined observer outside of God, and thus outside of time, this would look very different.

To model this in your mind, it may be helpful to imagine the universe as a soap bubble being blown from a wand. The force of the big bang is like the air being blown at the soap film.

As this force causes the soap film to erupt out of a two dimensional plane into a three dimensional sphere, there are other forces at work that keep the soap film from simply disintegrating.

By acting in opposition to this "creative wind", these forces maintain the coherency of the soap film, allowing it to be a bubble with a beautiful complex pattern rather than simply dust.

However, from a perspective inside the soap film, these forces would look like the forces of entropy and gravity look to us. They drag us back towards the simplicity of death, just as the surface tension in the soap film drags the film back towards the state of being a plane.

This model makes an interesting segue into contemplation of the contrast between the infinite model of the universe and the finite model of the universe.

I believe the evidence does not support the perspective that we live in an infinitely expanding universe, because such a model would look like the soap film being blown into dust by the creative wind rather than assembling itself into the complex patterns that we see around us.

Some other interesting things to consider when looking at this model from the perspective of the outside observer watching the soap bubble of our universe being blown:

Does the ending of the creative wind cause the soap bubble to fall back into a simple plane, and have all it's complexity vanish as though it never was?

Does the creative wind cause the soap bubble to resolve into a sphere and blow off the wand?

Does the soap bubble resolve into a sphere but remain stuck to the wand?

If the observer sees the soap bubble fall back into a simple plane, that would imply that time resides outside the universe. This isn't really consistent with what we've observed about relativity.

If the creative wind causes the soap bubble to resolve into a sphere and blow off the wand, that would imply that the universe either is in the process of being created by some sort of God and cast away, or it already has been. This also implies that time resides outside the universe.

The model in which the soap bubble resolves into a sphere but remains stuck on the wand is the model that is consistent with relativity. It is the model in which the definition of time is permitted to remain relative to this universe.

In this model, the imaginary observer outside of the universe does not see any dynamic action in time because, residing outside the universe, there is no capacity to relate, and thus, they see the soap bubble in its entirety, at all of its "times".

Following this line of reasoning, the universe in its complex state and the universe in its simple state is something that can only be expressed in terms of time,

How can I verify this?

Not the right question

How might I make this a more useful predictive tool to govern behavior than others who have espoused similar views before me and failed to do so?

I might use the model to imply useful and previously unrecognized boundaries between what is local and what is global in scope in terms of the "laws of nature" and thus find new "patterns of reality" by implication or learn how to break "laws of nature" that were previously considered inviolate by moving beyond the scope of their pattern.

I might use the model to help people recognize the difference between knowledge systems derived from experimentation and knowledge systems derived from deduction, allowing people to abandon the false assurance of faulty tools and work towards reconciling the conflict between science and religion.

I wonder if Paul Davies would consider this to be #3 or #5?

I draw comfort from the fact that I am not really a 3 dimensional object transforming and translating. I am actually a 4 dimensional object experiencing becoming. I have a boundary on the top of my head, and on the soles of my feet. I have a boundary at the surface of my chest, and at the surface of my back. I have a boundary on my left side, and on my right. And, finally, I have a boundary at my birth and at my death. I will never cease, but will exist forever within these 4 axis. At the time of my death, I will finally consciously know myself in my entirety. I consider that something to look forward to.

Education

Journal: Religion vs Religion 2

Journal by SatanicPuppy

So I'm sick, and instead of sleeping like a normal person I'm roaming the web because apparently that's in some way intelligent or something.

And I run across this poll by the economist, and I'd never seen this exact poll before, but I've seen about a thousand like it...It's basically a contrast of the American groupthink vs the European groupthink. In this case, it's the Brits.

First section is "Religion" and the third question is:

"Which explains the origin of the Earth?"
~30% of Americans and ~65% of the Brits said "Evolution"
~40% of Americans and ~10% of the Brits said "The Bible"
~20% of Americans and ~18% of the Brits said "Intelligent Design"

Now, to me there is only one right answer to that question: The fucking Bible.

Evolution is ..."the changes seen in the inherited traits of a population from one generation to the next. These changes are relatively minor from one generation to the next, but accumulate with each subsequent generation and can eventually cause substantial changes in the organisms." It's go no fucking thing what-so-ever to do with the origin of Earth or life on Earth.

Intelligent Design is too stupid and intellectually bankrupt to even rate a place on the list, so that leaves only the Bible, which, imho, is wrong, but the question doesn't say anything about accuracy so it remains the only thing on the list that correctly answers the question.

So, on the one hand, we have a bunch of people who think the sky fairy made everything. On the other hand, we have a bunch of people who think Evolution has something to do with the origin of fucking life!

Part of me hopes that the 10% or so who actually knew that the poll was horseshit hung up, or answered "Evolution" as a short-hand way of saying "Whatever scientific theory of abiogenesis has the most evidence behind it today." But in the end, the only thing the poll really says is that the cult of the jewish sheepfarmers is less popular in Britain than the cult of the toaster oven...And that 20% of both population groups believe whatever you tell 'em.

I guess I should take comfort in the fact that at least they're more secular over there, but all it really does is drive home the fact that, of any group of humans, the vast majority are completely ignorant at any given time, and that science can be just as irrationally religious as any religion.

User Journal

Journal: Whore-jitsu 2

Journal by SatanicPuppy

So yesterday this article pops up, a piece of article trolling not-so-subtly designed to appeal to people like yours truly (wordy ego-driven serial karma-whores). So I bang out a reasonably obvious reply. Fine, mission accomplished.

Then along comes some AC who decides that I need some kind of affirmational literary blowjob which basically throws my trite and whorish soul into sharp relief, provoking a fit of cleansing-through-self-loathing which is immediately moderated to +5 insightful, and adorned with yet still more affirmation.

Truly, I am the king of whores. I don't do it on purpose, I just can't seem to stfu. I used to write a column in my college newspaper; at least those led to free beer and sex.

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.
User Journal

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.
User Journal

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.)
User Journal

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: The nature of knowledge and truth 1

Journal by ShieldW0lf

There is no truth, and there is no knowledge.

All the things we know are things which we have decided, and we have decided them from a position of gross ignorance.

There was a time when we knew of the great and terrible fire god in the sky.

It was wise that we knew of him thus. To know of him thus was to understand that our lives sprung from him, that without his presence we would die. It was to understand his terrible power and be wary of it, lest he burn you to death. It was to understand that there was a pattern to his actions, and that we could build patterns among ourselves that were supported by the resolute and predictable nature of his actions. We could create time and history where once there was only timeless story and myth and the endless now.

This was not the truth. It was an arbitrary decision that we believe this, and that decision withstood the test of time because it was useful to view things in this fashion. It was a viewpoint that let you do things that you couldn't do before. Those savages who didn't believe were defeated by the weaknesses of their perspective.

There was a time when we knew that the earth was a round globe that the sun revolved around.

It was wise that we knew the sun thus. We spent so long worrying about offending that thing, ascribing motives to it that didn't exist, being blinded to the inconsistencies of our view.

Now we could predict its motion around the earth as we travelled its survace. We could do all sorts of useful things with this knowledge that we couldn't do before. Those who didn't believe as we did were defeated by the weaknesses of their perspective. Those who believed as we believed thrived and multiplied. This was knowledge.

Except that it was an arbitrary truth. It wasn't true. But it was useful. So it was good. This was knowledge.

Now we know that the earth revolves around the sun, and so do the rest of the planets. This is a useful perspective. It has empowered us.

The truth is, we see glimpses of the nature of the universe. We make a bunch of things up, and the more useful those made up things prove to be in helping us continue to exist, the more you see them among us as knowledge and truth.

Now, we have scientists contemplating the microscale of the universe, the macroscale of the universe.

Can you consider the effects your actions when you get up in the morning on the microscale? Or how what's happening on the microscale at the moment should influence what it's wise to do? What it's good or evil to do?

Could you consider how what's happening on the macroscale relates to the morality of your existance and your actions?

You can't.

You can't consider these things.

You're floating along with a whole bunch of made up rules that are there because they're empowering. Inevitably, the falseness of them will come along to bite you on the ass as you struggle to make some sense of the universe with these crude tools that are our truths and perspectives and knowledge.

At the end of the day, you must not get too caught up in defending the truths of things.

You must look around you.

Look at what truths you see bandied about, and try to understand what the purpose of those truths is.

Understand that none of this is really the truth, but every bit of it has some utility that is the reason for its existance.

Try to understand what that utility is.

This will help you deal with the ugliness in the world.

Every ugly evil thing you see has a reason why it is there, that is why its evil ugliness is tolerated.

It serves a moral purpose. It allows us to be.

Reconcile with it. Understand that it has an inherent goodness that is larger than the ugliness of what you can see.

Then look for a new truth that can serve the moral purpose of the ugly one you have reconciled yourself with.

It is in this way that you will find your truth.

It will be a truth that you have chosen. It will not be an inherently true truth, but it will be a useful truth.

It is up to you what you do with the truth you have chosen.

But for it to be a good and moral truth, it must ultimately serve the purpose of continuing to allow us to be.

If it does not serve that purpose, it will ultimately destroy those who choose it as the truth, and thus destroy itself.

What are your truths doing?

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.

"Pay no attention to the man behind the curtain." -- Karl, as he stepped behind the computer to reboot it, during a FAT

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