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Comment This is big (Score 5, Informative) 189

This ruling is huge.

Ever since I first got involved in fighting the RIAA's litigation campaign, and blogging about it, in 2005 [that's almost 8 years ago] I've been arguing that it is not a sufficient basis to bring a lawsuit against someone that an internet access account for which he or she pays the bill was used by someone for a copyright infringement. Even though I, and lots of other lawyers, and lots of other techies, and lots of other people from all walks of life knew this, I have never -- until this ruling -- seen a JUDGE dismiss a complaint because of this.

If those of you who are saying this is "not a big deal" or "was expected" know of any prior decisions like this, please show them to me. Otherwise, STFU about it not being big. After about 10 years and hundreds of thousands of frivolous lawsuits, finally a judge has pointed out that the Emperor is wearing no clothes.

It is one of the most newsworthy copyright posts I have ever seen on Slashdot.

Submission + - Troll complaint dismissed; subscriber not necessarily infringer (blogspot.com)

NewYorkCountryLawyer writes: "The courts are finally starting to get it, that the subscriber to an internet access account which has been used for a copyright infringement is not necessarily the infringer. In AF Holdings v. Rogers, a case in the Southern District of California, the Chief Judge of the Court has granted a motion to dismiss the complaint for failure to state a claim where the only evidence the plaintiff has against defendant is that defendant appears to have been the subscriber to the internet access account in question. In his 7-page opinion (PDF), Chief Judge Barry Ted Moskowitz noted that "just because an IP address is registered to an individual does not mean that he or she is guilty of infringement when that IP address is used to commit infringing activity"."
Crime

After Aaron Swartz's Death, the Focus Now Falls On the Prosecutors 430

Marcion writes "Journalists and commentators are now questioning the role of Massachusetts prosecutors Carmen Ortiz and Stephen Heymann in the suicide of Aaron Swartz and whether they levied disproportionate charges in order to boost their own political profiles, despite being warned he was a suicide risk. Meanwhile White House petitions to remove Ortiz and Heymann have already received tens of thousands of signatures. Should these prosecutors be investigated for their actions regarding Swartz?"

Comment Re:I dunno... (Score 1) 776

This differs depending on which browser you're writing for. On my version of Firefox, this is the most efficient:

var array = [0, 1, 2, 3, 4, 5, 6, 7, 8, 9];
var length = array.length;
for (length -= 2; length > -1; length -= 1)
{
array.push(array[length]);
array.splice(length, 1);
}

This is according to http://jsperf.com/js-array-reverse-vs-while-loop/5

Comment Re:"the Native American Minnesotan" (Score 1) 146

Why do we care that she's of tribal descent? Are we now saying tribal American's are exempt from copyright laws? I flatly refuse to redefine native they way the PC crowd does, if you were born in the US you are native. I happen to be of Cherokee linage as well, but that doesn't matter, I'm native because I was born here.

In this case, I personally believe that she was discriminated against by the jury, because she was a Native American. She was tried many many miles from where she lived and worked, and did not have a jury of her peers.

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"."
Cellphones

Papa John's Sued For Unwanted Pizza-Related Texts 418

jfruh writes "Nationwide pizza chain Papa John's is finding itself on the receiving end of a $250 million text spam lawsuit. From the article: 'Seattle law firm Heyrich Kalish McGuigan, representing three Papa John's customers, alleged that the pizza delivery service has sent 500,000 unwanted text messages to customers. If the court finds that Papa John's violated the U.S. Telephone Consumer Protection Act, the pizza maker could have to pay damages of $500 per text message, or US$250 million, one of the largest damage awards under the 1991 law, the law firm said. "Many customers complained to Papa John's that they wanted the text messages to stop, and yet thousands of spam text messages were sent week after week," Donald Heyrich, attorney for the plaintiffs said in a statement. "This should be a wake-up call to advertisers. Consumers do not want spam on their cell phones."'
Earth

Artificial Misting System Allows Reintroduction of Extinct Toad 121

terrancem writes "The Kihansi Spray Toad went extinct in the wild in 2005 when its habitat in Tanzania was destroyed by a dam. However conservationists at the Bronx Zoo managed to maintain a captive population which is now large enough to allow a bold experiment to move forward: reintroducing the toad into its old habitat. To make the once tropical gorge moist again, engineers have designed an artificial misting system that should allow toads to survive in the wild. The effort marks what may be the first time conservationists have ever re-established an 'extinct' species in a human-engineered ecosystem."
Television

BBC Turns Off CEEFAX Service After 38 Years 160

Kittenman writes "After 38 years (1974 - 2012) the BBC's CEEFAX service has ceased transmission. The service gave on-line up-to-date textual information (albeit in condensed form) to TV viewers in the pre-Internet era and afterwards. Its final broadcast signed off with, 'Goodbye, cruel world.' '... the real impetus for viewers came when BBC Television decided to use a selection of Ceefax pages, accompanied by music, before the start of programming each day. Initially called Ceefax AM and Ceefax In Vision, the Pages From Ceefax "programme" continued for 30 years, being broadcast overnight on BBC Two until this week. As viewers got a small taste of what Ceefax had to offer, millions of Britons during the 1980s invested in new teletext-enabled TV sets which gave them access to the full Ceefax service, which by now included recipe details for dishes prepared on BBC cookery shows, share prices, music reviews and an annual advent calendar.' An British ex-PM (John Major) said, 'From breaking global news to domestic sports news, Ceefax was speedy, accurate and indispensable. It can be proud of its record.'"

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