Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror

Comment Re: Who? (Score 1) 574 574

I'm 33, and I listened to Neil for most of my life.
Old man, Heart of Gold, The needle and the damage done, Hey Hey my my, out on the weekend, Southern Man.
Those are all good powerful songs. He doesn't always sing perfectly in tune, but I find it acceptable since he really brings emotions to his songs.

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

Comment Re:Copyright trolls going down is a good thing (Score 4, Informative) 91 91

Hi Ray, nice to see the NYCL moniker around here again. I have a few questions if you're willing. First, you indicate that a judge has denied discovery due to several factors, one being that an IP address does not identify any particular individual. Can you speak to the weight or breadth of this specific Court's opinion here, in layman's terms? I see references to the Eastern and Southern districts of New York, might this decision influence cases outside of those jurisdictions?

It's not binding on anyone. But Judge Hellerstein is a very well respected judge, so it will probably have a lot of 'persuasive authority'.

Second, this business of "if the Motion Picture is considered obscene, it may not be eligible for copyright protection." I've read about certain cases where the Court stated that obscenity has no rigid definition, but "I'll know it when I see it." Does that have any bearing on the Malibu case? Was this some kind of completely outrageous pornography, where any community standard would likely find it to be obscene, or was it just run-of-the-mill porn? Would it matter either way? Would the opinion have likely been the same if the case involved a blockbuster Hollywood film instead of a pornographic and potentially obscene film?

I haven't researched that question yet, and I may well be litigating that issue in the near future, since I have several cases against Malibu Media which are now in litigation mode... so all I can say is, stay tuned.

Lastly, I'm curious whether or not you've kept up with developments in the case regarding Prenda Law, and how you might compare this case to that one, if at all. I try to read Ken White's PopeHat blog every once in awhile to see how poorly the Prenda copyright trolls are faring. It doesn't look good for Prenda, and I wonder if you would put Malibu in the same proverbial boat.

The Prenda people are a bunch of strange people who, based on reports I've read, may well wind up doing jail time. I know nothing about the Malibu Media people. If I did find out something really bad about them in would probably wind up in my court papers if relevant to the case or to their credibility.

The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth. -- Niels Bohr

Working...