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Comment Re:Why? (Score 1) 55

No, there really isn't any excuse for using raw inline SQL given the existence and ubiquity of parameterized query APIs. They provide all of the flexibility of raw SQL but with guaranteed proper escaping of value text and thus no SQL injection vulnerability (bugs in the API implementation notwithstanding).

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.

Majority of EU Nations Seek Opt-Out From Growing GM Crops 330

schwit1 writes: Nineteen EU member states have requested opt-outs for all or part of their territory from cultivation of a Monsanto genetically-modified crop, which is authorized to be grown in the European Union, the European Commission said on Sunday. Under a law signed in March, individual countries can seek exclusion from any approval request for genetically modified cultivation across the 28-nation EU. The law was introduced to end years of stalemate as genetically modified crops divide opinion in Europe. The requests are for opt-outs from the approval of Monsanto's GM maize MON 810, the only crop commercially cultivated in the European Union, or for pending applications, of which there are eight so far, the Commission said.

Scotland To Ban GM Crops 361

An anonymous reader writes: Scotland's rural affairs minister has announced the country will ban the growing of genetically modified crops. He said, "I am concerned that allowing GM crops to be grown in Scotland would damage our clean and green brand, thereby gambling with the future of our £14 billion food and drink sector." Many Scottish farmers disapprove of the ban, pointing out that competing farms in nearby England face no such restriction. "The hope was to have open discussion and allow science to show the pros and cons for all of us to understand either the potential benefits or potential downsides. What we have now is that our competitors will get any benefits and we have to try and compete. It is rather naïve."

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 .

"The most important thing in a man is not what he knows, but what he is." -- Narciso Yepes