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Comment Just plain wrong (Score 1) 294

"Courts have consistently held that the unauthorized duplication of digital music files over the Internet infringes a copyright owner's exclusive right to reproduce," Judge Sullivan wrote. "However, courts have not previously addressed whether the unauthorized transfer of a digital music file over the Internet -- where only one file exists before and after the transfer -- constitutes reproduction within the meaning of the Copyright Act. The court holds that it does."

Someone needs to audit the bank records for this judge. From his statement it is clear that the judge understands, at least to some extent, the implications of the decision that he is making. That he would issue a summary judgement on such an issue is bordering on misconduct.

Comment Or Maybe Not (Score 1) 583

An article on arstechnica provides some claims to the contrary.
From the article:

Bitcoin watchers and financial experts aren't as convinced. While the two events may be happening simultaneously, there is little, if any, hard evidence to suggest that one event is fueling the other.

Maybe someone needs a refresher in "correlation does not imply causation"?

Submission + - FBI Pursuing Real-Time Gmail Spying Powers as "Top Priority" for 2013 (slate.com)

Fnord666 writes: Despite the pervasiveness of law enforcement surveillance of digital communication, the FBI still has a difficult time monitoring Gmail, Google Voice, and Dropbox in real time. But that may change soon, because the bureau says it has made gaining more powers to wiretap all forms of Internet conversation and cloud storage a “top priority” this year.

Comment Re:Define "presence" (Score 1) 297

Sigh. They proposal isn't to tax Amazon. It's to tax *you*. That's how consumption taxes work. So if you live in California and you order something from Amazon you'll pay CA sales tax, in the same way you would if you walked into Fry's.

Which is all well and good, but who is going to collect those taxes? Oregon does not have a state sales tax. If the vendor I purchase from is doing business in Oregon then I do not owe Oregon any sales tax. I did not make a purchase in California, so I do not owe them any sales tax either. This would be no different than if I went to Oregon and made the purchase in person. I could even have the purchase shipped to my home in California directly from the store and still not owe any sales tax. Many states have what is called a "use" tax that they collect for goods that are purchased in other states and brought into their state, but that is something different.

Comment Re:No taxation without representation? (Score 1) 297

I'm actually kind of surprised the states haven't started issuing subpoena to the large online retailers, to get names and addresses of people that have ordered over a certain amount. and then go after them.

Probably because subpoenas are supposed to require probable cause before being issued. Fishing expeditions like you describe are specifically prohibited. Unless the company has a presence in the state in question, it could also simply ignore the subpoena since I don't believe they have any force in other states. (insert oblig. IANAL here)

Comment Re:Little guys are gonna get screwed (Score 1) 297

If they're actually required to track even just 50 states worth and file those forms, they're not going to be able to comply. Their business is close enough on margins that this could quite seriously push them over the edge and make them close up shop should it be too onerous.

From the article

The budget amendment is an initial step toward allowing state and local governments to collect sales taxes from out-of-state retailers who sell more than US$1 million worth of products in a year over the Internet

Unless your friend does a heck of a business they probably would not be affected at this point.

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