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Submission + - Malibu Media stay lifted, motion to quash denied

NewYorkCountryLawyer writes: In the federal court for the Eastern District of New York, where all Malibu Media cases have been stayed for the past year, the Court has lifted the stay and denied the motion to quash in the lead case, thus permitting all 84 cases to move forward. In his 28-page decision (PDF), Magistrate Judge Steven I. Locke accepted the representations of Malibu's expert, one Michael Patzer from a company called Excipio, that in detecting BitTorrent infringement he relies on "direct detection" rather than "indirect detection", and that it is "not possible" for there to be misidentification.

Comment Re:WhatsApp (Score 1) 55

Why continue to develop what you already have with developers you already employ? Why not spend billions of dollars acquiring software and engineers you don't need? You have to think like an executive. If they aren't "buying" stuff they aren't important. There is a reason that Facebook has 13,000 employees now. It has nothing to do with the business.

I doubt they cared very much about the software or the developers in the valuation. In that respect I think we agree; they didn't really need those things. What they needed and what they bought was 1 billion active users.

Comment Re:Actually 3rd point was agreement with trial jud (Score 1) 23

Actually whoever the new guy is, I don't find the site to be "improved" at all; seems a little crummy. The story was butchered and incorrectly interpreted, and the all important software for interaction seems less interactive.

But what do I know?

As to my absence I've been a bit overwhelmed by work stuff, sorry about that, it's no excuse :)

Comment Actually 3rd point was agreement with trial judge (Score 4, Informative) 23

The story as published implies that the ruling overruled the lower court on the 3 issues. In fact, it was agreeing with the trial court on the third issue -- that the sporadic instances of Vimeo employees making light of copyright law did not amount to adopting a "policy of willful blindness".

Submission + - Appeals court slams record companies on DMCA in Vimeo case

NewYorkCountryLawyer writes: In the long-simmering appeal in Capitol Records v. Vimeo, the US Court of Appeals for the 2nd Circuit upheld Vimeo's positions on many points regarding the Digital Millenium Copyright Act. In its 55 page decision (PDF) the Court ruled that (a) the Copyright Office was dead wrong in concluding that pre-1972 sound recordings aren't covered by the DMCA, (b) the judge was wrong to think that Vimeo employees' merely viewing infringing videos was sufficient evidence of "red flag knowledge", and (c) a few sporadic instances of employees being cavalier about copyright law did not amount to a "policy of willful blindness" on the part of the company. The Court seemed to take particular pleasure in eviscerating the Copyright Office's rationales. Amicus curiae briefs in support of Vimeo had been submitted by a host of companies and organizations including the Electronic Frontier Foundation, the Computer & Communications Industry Association, Public Knowledge, Google, Yahoo!, Facebook, Microsoft, Pinterest, Tumblr, and Twitter.

Comment Re:Corporations have no rights (Score 1) 123

Can you elaborate? SCOTUS does not control who sues whom. Any individual can sue the government in district court, and if they lose there they can appeal to the appellate court, and then if they lose there as well they can appeal to the SCOTUS, who could either hear the case or kick it back down the ladder.

Comment Re:Big freakin whoopdie doo (Score 1) 157

Yup. I don't think I've ever owned a car that hasn't had a recall notice. It's a fair point, though, that Tesla is a young, relatively small company that may have more difficulty handling the financial impact of a large-scale recall than some of the more established players. But when I say that, I'm thinking of something more like VW's diesel issues rather than the more mundane type of thing we typically see.

Comment Re:It's simple. (Score 1) 301

The ipad doesn't offer a superior experience anymore. it offers a much higher price that people are now unwilling to pay for a device that will likely only be relevant for a year. If they want to stay in the market, they need to cut the price significantly and actually start competing.

It's not very easy to find something as good as an iPad, much less better. The issues Android seems to be having with a good tablet UI aside, who is making a superior hardware platform right now? Personally I use a Surface, so I'm fully aware that Microsoft is having a lot of trouble figuring out how to develop a platform, as opposed to just a bunch of software and hardware guys that happen to all work for the same company and check in with each other from time to time.

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