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Comment Re:Question for NYCountryLawyer re illegal downloa (Score 2) 146

Was she really convicted of "illegal downloading?"

1. She wasn't "convicted" of anything; this wasn't a criminal case. She was found liable for copyright infringement by making copies through downloading, thus violating the record companies' exclusive reproduction rights.
2. She was also sued for "distributing" and "making available for distributing", but the judge threw out the "making available for distributing" claim, and there was no evidence offered of the "distributing" claim.

So yes, the only thing she was found liable for was downloading.

Comment Re:by my estimation (Score 1) 146

This case is Capitol vs Thomas, not RIAA vs Thomas. Capitol is a music publisher, and this case was about their works.

1. Capitol is but one of the plaintiffs.
2. The RIAA was in fact running the case, with the aid of the record company plaintiffs.
3. Capitol is a record company, not a music publisher.
4. The case was about the recordings of several different companies.

Submission + - Jammie Thomas takes constitutional argument to SCOTUS (blogspot.com)

NewYorkCountryLawyer writes: "Jammie Thomas-Rasset, the Native American Minnesotan found by a jury to have downloaded 24 mp3 files of RIAA singles, has filed a petition for certioriari to the United States Supreme Court, arguing that the award of $220,000 in statutory damages is excessive, in violation of the Due Process Clause. Her petition (PDF) argued that the RIAA's litigation campaign was "extortion, not law", and pointed out that "[a]rbitrary statutory damages made the RIAA’s litigation campaign possible; in turn,that campaign has inspired copycats like the so-called Copyright Enforcement Group; the U.S. Copyright Group, which has already sued more than 20,000 individual movie downloaders; and Righthaven, which sued bloggers. This Court should grant certiorari to review this use of the federal courts as a scourge"."

Submission + - How should one dealing with a DDoS attack?

TheUnFounded writes: A site that I administer was recently "held hostage" for the vast sum of $800. We were contacted by a guy (who was, it turns out, in Lebanon), who told us that he had been asked to perform a DDoS on our site by a competitor, and that they were paying him $600. He then said for $800, he would basically go away. Not a vast sum, but we weren't going to pay just because he said he "could" do something.

Within 5 minutes, our site was down.

The owner of the company negotiated with the guy, and he stopped his attack after receiving $400. A small price to pay to get the site online in our case. But obviously we want to come up with a solution that'll allow us to deal with these kinds of attacks in the future.

While the site was down, I contacted our hosting company, Rackspace. They proceeded to tell me that they have "DDoS mitigation services", but they cost $6,000 if your site is under attack at the time you use the service. Once the attack was over, the price dropped to $1500. (Nice touch there Rackspace, so much for Fanatical support; price gouging at its worst).

So, obviously, I'm looking for alternative solutions for DDoS mitigation. I'm considering CloudFlare (https://www.cloudflare.com/) as an option; does anyone have any other suggestions or thoughts on the matter?

Comment Re:Good Lord (Score 1) 285

Thomas did not ruin the life of any of the involved corporation(s), nor did she ruin the life of any of their employees. It is simply not just to ruin her life in retaliation. That this goes on and is so widely considered legitimate is an example of our remaining barbarism.

I think most people, both in and out of the United States, see a result like this as absurd.

Comment Re:Piracy = theft? (Score 1) 285

Nearly 10k per song is just dumb. If a CD is 12 tracks and costs ~15 bucks, its a bit over $1 per song. So this is a 1000000% penalty. one million percent. Just insane, no way that isnt unconstitutional. The fines should be like 200, maybe 300% penalty, maybe even 1000% (10x). That's reasonable. The punishment must fit the crime and all that.

That's the issue all right. And I think the Court's decision is absurd.

Submission + - 8th Circuit upholds $220,000 verdict in Jammie Thomas case (blogspot.com)

NewYorkCountryLawyer writes: "The US Court of Appeals for the 8th Circuit has upheld the initial jury verdict in the case against Jammie Thomas, Capitol Records v. Jammie Thomas-Rasset, ruling that the award of $220,000, or $9250 per song, was not an unconstitutional violation of Due Process. The Court, in its 18-page decision (PDF), declined to reach the "making available" issue, for procedural reasons."

Comment No distribution here (Score 1) 312

I noticed some pro-RIAA posts saying that defendant was liable for distributing, not just downloading. This is simply not so. Distribution, within the meaning of the Copyright Act, requires a sale or other transfer of ownership, or a rental, lease or lending.... none of which occurred here. 17 USC 106(3)

Comment Re:My amicus curiae brief in this case (Score 1) 312

What is the State Farm/Gore test, and how is it conducted?

After the jury's verdict, if the judge finds the verdict for punitive or statutory damages to be out of all reasonable proportion to the actual economic harm sustained, it is supposed to reduce the verdict to a number that bears a reasonable proportion to the harm sustained. The Supreme Court noted that it will rarely be a number higher than 10x the actual damages. In finding the magic number, the court weighs various factors, such as the outrageousness of the defendant's conduct, etc. Regular copyright law also requires that copyright statutory damages bear some reasonable relationship to actual damages. In non-RIAA cases the courts usually sustained multiples of 2 to 4 times the actual damages.

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