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Comment Re:that 750 seems a little convenient... (Score 1) 145

In your senario, you imply that the customer would have purchased the movie if they had not downloaded it. You can't PROVE that they would have done that, so you can't prove that 1 download = 1 lost sale.

For uploading, it's impossible to determine what actual damages are. How many copies did they upload? Partial or full copies? What's the threshold for number of bits or bytes that must be seeded before infringement happens to count as 1 sale lost? The only thing the plaintiff can prove is how much they got. And if that is all they have, actual damages for uploading that would be provable would be 0 because they already owned the work.

So in other words, it's not really provable exactly how much actual damage was done, like I originally said.

Comment Re:that 750 seems a little convenient... (Score 1) 145

$750 seems convenient because it's the statutory minimum allowed by law. The law allows for either actual damages and profit, or statutory damages of $750-30k unless it was willful infringement, then the upper limit is $150k. Actual damages/profit is impossible to prove in this case so $750 would be the minimum.

Also, because they are being accused for sharing the same work as a collective, I believe that $750 gets split up between all parties, or if one party pays it the other parties are not individually liable for more. I believe there was one or more recent infringement cases where this issue came up because one defendant had already paid and then they went after more, but couldn't because the infringement had already been "paid for".

Comment Re:What does the DoE get out of this? (Score 2) 88

It's not so much what the DoE "gets" out of it as the LSST is being ran by Stanford Linear Accelerator Center (SLAC) as part of the Stanford National Accelerator Laboratory, which is ran by the DoE. All of the national laboratories are ran under the DoE and do a lot more basic science research than just figuring out how to make nuclear reactions and seeing how fast they can smash particles together.

From the bottom of the article:

SLAC is a multi-program laboratory exploring frontier questions in photon science, astrophysics, particle physics and accelerator research. Located in Menlo Park, California, SLAC is operated by Stanford University for the U.S. Department of Energy Office of Science. ...
The DOE-funded effort to build the LSST camera is managed by the SLAC National Accelerator Laboratory (SLAC). Learn more at lsst.org.â ...
SLAC National Accelerator Laboratory is supported by the Office of Science of the U.S. Department of Energy. The Office of Science is the single largest supporter of basic research in the physical sciences in the United States, and is working to address some of the most pressing challenges of our time.

Comment Re:Lasers and aircraft... (Score 1) 125

it's not going to do real damage to a full size airplane.

I'm sure that's comforting to the pilots that are blinded right before they crash the plane. Pilots already frequently report encountering laser incidents, on average 10 a night and those incidents aren't using lasers specifically designed to destroy things.

Comment Re:As it's been said, it is like bailing out a bat (Score 2) 71

Plastic needs to be stopped at the source

And while we're at it, why don't we also stop burning fossil fuels, quit using man made chemicals in agriculture, and stop worldwide violence. I think all those ideas are much more obtainable than stop using plastics.

Comment Re:Trap? Usually its a tarpit of unusable service (Score 1) 187

These days a T1 with multiple freeloading users is painfully slow.

These days a T1 is painfully slow, even without multiple or even a single other user. I can't think of any reason to still use a dedicated circuit like that unless you absolutely positively need the guaranteed bandwidth and SLA service...or there was absolutely no other option.

Comment Re:Pre-emption (Score 1) 192

Except in states where marijuana sales are legal, that only means that state law enforcement couldn't arrest you for drug possession. You still could be charged with a federal crime. Lately they just look the other way as they realize it's not generally worth the effort.

If you were charged under state law for violating private air space, it could be transferred to federal court as the FAA has jurisdiction, where the charge would be ultimately tossed out due to lack of jurisdiction on the part of the state.

That all pertains to the actual flying of the air craft. Perhaps states could side step the issue by not making flying the aircraft illegal, but rather harassment, trespassing, or some other stretch of the imagination.

Comment Re:Finally! (Score 1) 114

And Twitter is designed for the lazy with its character limitations

Not really for the lazy. It was designed with the 140 character limit when tweets were originally entered via SMS messages, leaving a little extra for the user's name and not going over the 160 character limit for a single message.

Comment Re:Hmmm ... (Score 1) 102

So, a trademark is only valid in the area of business in which it is used. It isn't a blanket "nobody can use my catchphrase".

Which means this can pretty much only be used to ... what ... introduce a new watch by a CEO wearing a black turtleneck at the end of a keynote address? It sure as hell can't be used to prevent people from using it in a general sense.

If you look at the registration, it tells exactly what areas it can't be used in (slightly reformatted for readability):

511 International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) - NCL(10-2015)

09
-Apparatus for recording, transmission and reproduction of sound or images;
-electronic payment processing apparatus, apparatus for processing cashless payment transactions;
-magnetic recording media, sound recording disks;
-compact disks, DVDs and other digital recording media;
-apparatus enabling the playing of compressed sound files (MP3);
-calculating machines and data processing equipment, software;
-game software for mobile telephones, for computers and for digital personal stereos;
-electronic game software for mobile telephones, for computers and for digital personal stereos;
-computers, portable computers, handheld computers, mobile computers, personal computers, wrist computers, electronic tablets and computerized and mobile devices, digital personal stereos, mobile telephones and new-generation mobile telephones featuring greater functionality (smartphones);
-telecommunication apparatus and instruments;
-apparatus for recording, transmission, reproduction of sound or images, particularly mobile telephones and new-generation mobile telephones incorporating greater functionality (smartphones);
-hand-held electronic apparatus for accessing the Internet and sending, receiving, recording and storing short messages, electronic messages, telephone calls, faxes, video conferences, images, sound, music, text and other digital data;
-handheld electronic apparatus for wireless receiving, storing and transmitting of data or messages;
-handheld electronic apparatus for monitoring and organizing personal information;
-handheld electronic apparatus for global positioning [GPS] and displaying maps and transport information;
-handheld electronic devices for detecting, monitoring, storing, surveillance and transmitting data relating to the user activity, namely position, itinerary, distance traveled, heart rate;
-covers for computers, portable and mobile telephones;
-optical apparatus and instruments, particularly spectacles, sunglasses, magnifying glasses;
-cases for spectacles, magnifying glasses and sunglasses;
-batteries and cells for computers and electronic and chronometric apparatus.

14
-Precious metals and their alloys and goods made of these materials or coated therewith included in this class, namely figurines, trophies;
-jewelry, namely rings, earrings, cufflinks, bracelets, charms, brooches, chains, necklaces, tie pins, tie clips, jewelry caskets, jewelry cases;
-precious stones, semi-precious stones;
-timepieces and chronometric instruments, namely chronometers, chronographs, clocks, watches, wristwatches, wall clocks, alarm clocks as well as parts and accessories for the aforesaid goods, namely hands, anchors, pendulums, barrels, watch cases, watch straps, watch dials, clockworks, watch chains, movements for timepieces, watch springs, watch glasses, presentation cases for timepieces, cases for timepieces.

Anything not listed, or in a generic sense would be fair game (unless covered by someone else's trademark that is).

C Code. C Code Run. Run, Code, RUN! PLEASE!!!!

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