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Comment Re:How legal briefs work (Score 1, Insightful) 525

That's not what I was saying at all; re-read the post.

The first was a prediction you made, i.e. that fair-use was likely to prevail as a legal theory for file sharing.

The second was the first of many cases in which fair-use was dismissed as a legal defense.

Look, it's okay to be wrong. But when you describe something as a "nail in the coffin" even though it clearly isn't, that's when I must take issue.

Comment Re:How legal briefs work (Score 2, Interesting) 525

Admittedly, I'm only a third-year law student, so I don't claim to have the knowledge and wisdom of someone with decades of experience. That being said, dishonestly is a lot easier to allege than it is to demonstrate, sir.

You know how whenever Fox News is mentioned, a common response is "How can people watch that? It's just telling conservatives what they want to hear?"

Look, we all want the RIAA to die an awful, fiery death. But deluding ourselves about the chances of a given case is not going to help the situation.

In fact, one might even call it "completely dishonest."

Comment Re:How legal briefs work (Score 2, Insightful) 525

Re-reading this, it sounds like I have an axe to grind. This isn't really the case, it just bothers me that we keep getting into this cycle:
  • Everyone is told that some legal theory is the best thing since sliced bread, and the RIAA and DoJ are shaking in their boots
  • Three months later the court rules for the RIAA and we all post angry comments about the justice system works, but nobody ever brings up the fact that we were totally mislead three months ago

Anyway, end rant. Mod me down as Flamebait and all that.

Comment Re:DOOMED I say... DOOMED! (Score 5, Funny) 677

they'll become liable for any copyright infringement going on their network because they're showing that they are actively monitoring and controlling data, instead of acting as a neutral data routing service

Some people simply say that they are not a lawyer, rather than feeling the need to prove it dramatically.

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