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User Journal

Journal: yo

Journal by Hatta

--
Censorship is obscene.
Patriotism is bigotry.
Slashdot is unusable without noscript.

User Journal

Journal: Justice 1

Journal by Hatta

Rioters in England cause millions of dollars worth of damage in 2011. 3000 arrested.

Bankers in England cause billions of dollars worth of damage in 2008. Zero arrested.

This is what passes for justice these days.

User Journal

Journal: Metamoderation, wtf? 2

Journal by Hatta

It used to be that metamoderation was just that, moderation of moderation. I haven't metamoderated in a while, but something has gone horribly wrong. When I go to metamod today, none of the comments are moderated. All I see is "Score: 1". What use is it for me to judge whether a comment has been moderated appropriately , when there's no moderation applied?

Just another reason Slashdot 2.0 sucks.

Government

Journal: Legitimacy 5

Journal by Hatta

A government exists to protect it's citizens. Any government that doesn't, doesn't deserve to exist. Let's look at the US government.

In 2004 crime in the US cost its victims almost 16 billion dollars. [cite(pdf, table 82)]

The criminals behind the current financial crisis have cost the US *trillions* of dollars. Clearly, theft, fraud, and all other property crimes are insignificant in the face of this disaster, and our government did nothing to stop it, and is holding no one accountable. They have utterly failed in their responsibility to protect us.

The WTC attacks on 9/11/01 killed nearly 3000 Americans and caused losses reaching 1.7 trillion dollars in the stock market. [cite]
In response, Bush went to war with Iraq. This war has killed over 4500 Americans and will cost over 3.5 trillion dollars. [cite(pdf, p.1)] Not only did the US government fail to protect us, they harmed us worse than Bin Laden did.

Let's keep going. In 2007, 775,138 people were arrested for marijuana possession. In contrast, 597,447 were arrested for *all violent crimes combined. [cite]. As you can see, the US government victimizes more of its citizens than it protects.

So what's left to justify the existence of this government? Majority rule perhaps? Well, Barack Obama got 62.98 million votes in 2008. The voting age population in 2008 was 230,117,876.[cite] That's 27% of our population that voted for this president. That can in no way be interpreted as a mandate to rule.

From all these facts and figures, one conclusion is clear. The US government has no claim to legitimacy whatsoever.

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: 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.
User Journal

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.
User Journal

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.
User Journal

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?
User Journal

Journal: My platform

Journal by Hatta

I'll add to this as ideas come to me.

There shall be a right to trial by jury in all cases.

Abolish sovereign immunity.

Restitution must be made to innocent people falsely accused, if no charges are filed, or if a person is found innocent the state must bear their legal fees, lost wages, etc. Similarly, those who sue and lose should bear the costs to the defendent.

The punishment for legal negligence should be equivalent to the potential damage caused by the negligence. If a prosecutor neglects to produce exculpatory evidence during discovery, then he should get the same penalty that the defendant would have gotten.

There should be something akin to habeas corpus for evidence.

The president gets 2 weeks vacation per year, as do congressmen.

Congressmen must show up for work, i.e. they must be present to vote unless they're on vacation.

Congressmen must read and understand every bill they vote for. Perhaps bills should be read aloud before a vote, or maybe there should be a quiz.

Probable cause should be just that, probable. If any judge issues warrants, or officer makes arrests, and these warrants or arrests lead to convictions in less than 50% of cases they must lose their authority to issue warrants or make arrests.

Given the widespread practice of 'testilying', it shall be presumed reasonable to doubt any testimony given by a police officer. Everything an officer does while on duty must be recorded.

All jurors should be informed of their responsibility to nullify unjust laws.

Passing a law that is found unconstitutional will result in impeachment.

No corporate personhood.

No victim, no crime. If there is no actual, specific, individual victim, no crime has occurred.

User Journal

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.

The first Rotarian was the first man to call John the Baptist "Jack." -- H.L. Mencken

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