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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: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 Re:And by emergency they mean (Score 1) 48

You got it. There has been hardly any wage increases. Shortages always lead to higher prices. If there are no higher prices, the shortage is a lie.

Whats the rate of growth for salaries? A good rule of thumb is that there isn't' a shortage until nominal prices have doubled.

Comment Re:What's Good for Microsoft is Good for K-12 Scho (Score 1) 48

"We need talent [], we need it now, and we simply cannot find enough."

What they mean is:

We need talent [at a wage we are willing to pay], we need it now [but not so much that we are willing to train people, and spend the time and effort developing corporate training of people with aptitude], and we simply cannot find enough [who are willing to move to our area, fund their own skills development, accept a mediocre wage, put in longer than normal hours, have a lower than average quality of living, and do things which are pretty unimportant].

The reality is that there are plenty of people with talent, they are just working in areas of the country where the economics are better, where they don't have to live like paupers, and they don't have to deal with megalomaniacal personalities like the people running Facebook, Microsoft, and Google.

These are just not good places to work. They are not paying enough to entice otherwise talented people to upset their lives, move to an overpriced bubble driven real estate market, and try to put up with these quacks untested, new age, assine management techniques.

The word is out out about these tech giants.

Microsoft - guess what - you have a toxic culture where co-workers have incentive to back stab and dethrone managers, in order to "make the cut" each year? Why would I move out to a very pricey area and give up superior pay, superior work-life balance, and superior education opportunities for my kids, just so I can be stabbed in the back, shuffled around, re-org'ed, and eventually laid off because I don't have whatever latest skill you want and you aren't willing to invest in workforce development? All for 90k a year starting salary? Pass.

Facebook - why would I want to move to one of the most insanely expensive places in the country to work, ride a bus to work each day, be locked up inside your campus for "free lunches", be part of data mining, spamming, and exploiting users personal habits, relationships, and preferences for money. It's not revolutionary, it's not hip, it's not cool. All for about 95k a year starting salary? Pass.

Google - why would I want to work for the new evil empire, single handily expanding a dark shadow of data collection and kowtowing to authoritarian powers worldwide in order to sell shitty text ads to users, all the while locking out competition and blocking users from knowing whats really going on? Why answer to two silver-spoon billionaires who have delusions of importance for a starting salary of under 100k a year, while moving to yet another bubble driven real estate empire and being forced once again to ride a shitty bus to campus? So I can redirect funds from one or two profitable lines of business into trying to find the next hot thing which won't do anything important or lasting for mankind? Pass.

The problem is not a lack of a talent. It's a lack of talent who wants to work for these shitty companies, doing insignificant projects that will probably never see the light of day, while paying too much to live and having to answer to people who are convinced they are doing something special.

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 .

Comment Re:Victory for common sense! (Score 1) 91

I'm not so sure I agree that this make sense...

You didn't read the judges 11 page opinion then, where he makes his reasons very clear. Among other things, the trolls claim that they need the information to take people to court, but they never do; they just abuse the courts as a cheap way to get information for their blackmail scheme. The point that an IP is not an ID is exactly the point here, because the copyright troll wouldn't have any right to the name of anyone than the copyright infringer. And the fine judge found out that these copyright trolls have in several instances just ignored court orders and have just lied to the courts.

Well said