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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:This application needs a game in it (Score 1) 194

Note that Ingress players haven't been able to add portals for the last year because Niantic couldn't keep up and hasn't been able to come up with an automated system. Since PG relies in Ingress location data that leaves that game outdated as well, referencing locations that no longer exist and missing new POIs.

If that is "all their effort" then Niantic obviously does not have the resources to pull off something on the scale of PG successfully. They can barely keep the much smaller Ingress going!

Comment Re:The game needs more stuff to do (Score 3, Insightful) 194

Well, this how Pokemon games have been since back on Gameboy. It's the same thing, over and over.. You go to a town, you battle some people, you find some stuff, you leave town and you catch some Pokemon and you battle some people and then you find some stuff. It's not all that different, it's just that fad players are getting bored with it because they never played all the other games.

Only in the same sense that Heavy Rain boils down to "you watch a cutscene, then you do a quicktime event and watch more cutscenes followed by more QTEs". Technically it's true on a certain level but it misrepresents the game and its appeal.

Your typical Pokemon game is focused on growth; you have to carefully build a team that can take on your opponents and you can't do that by constantly tossing out your 'mons. Training a 'mon up requires some time investment, thus you actually need to plan ahead instead of just going with whatever. Also, the various attacks actually make a difference and make the fights more complex than just "keep attacking until someone faints".

PG, on the other hand, has none of those elements. It barely even has fights and those fights don't really amount to anything. The meat of the game is literally to catch 'mons which become utterly useless shortly after when your level allows you to catch superior 'mons. There is nothing to achieve, no growth of any kind, no strategy or tactics. It's Pokemon without everything that made it interesting.

(And this comes from someone who was never a particularly big Pokemon fan and only played one of the first generation games. Even I can tell just how much PG is missing compared to the main series.)

Comment Re:No Shit. (Score 1) 194

Depends on where you are. Back when I played I threw away pokeballs by the dozen because for every 'mon I ran into I passed by at least two pokestops. And that's true for every city with a five- or six-digit population I've been to (where I bothered playing). In rural areas this changes dramatically, though.

Comment Re:Pet Rock (Score 2, Insightful) 194

That's the problem: PG isn't very fun. The novelty of throwing virtual spheres at virtual animals quickly wears off and there's pretty much no other content. You catch Pokemon, then you level up and catch slightly stronger Pokemon. Gyms only exist so you can increase the meaningless CP stat on your 'mons even further, still for no actual gain other than making future gym battles easier. Oh, and training at a gym only works well if you're already stronger than the strongest Pokemon in there, making it extra pointless.

PG has everything it needed to make a big splash upon arrival - but very little staying power courtesy of its extremely simple and sparse gameplay. To compare it with another massively hyped mobile game, Neko Atsume: NA also has very sparse gameplay with extremely low stakes and limited interaction. But still unexpected things happen in that game, there is an antagonist of sorts (TUBBS! *shakes fist*) and it isn't an offshoot of an RPG series built around its deep combat system and strategic teambuilding. NA says "let's get some cats into your backyard so you can take cute pictures of them!" and delivers just that while PG, by virtue of its heritage, has people expecting exciting battles, teambuilding and carefully training of 'mons - all of which are not present.

In its current state PG is more of a tech demo than an actual game.

Comment Re:Stop chasing the shiny (Score 1) 161

Not everyone lives on the cutting edge. My phone is expected to last me for another three years at least - my needs simply won't exceed what's possible with today's technology before then. While they are growing they are't growing that fast: My current phone already fits my entire music collection plus a few episodes of whichever show I want to watch and is plenty fast enough to play it al. VR/AR was cute for a while but hasn't yet produced a killer app that would keep my attention for more than a few minutes (and besides, sufficiently good realtime positioning for AR would probably require an upgrade of the GPS satellite network first). I'm essentially doing nothing the original iPhone couldn't do except with a bigger screen and more cycles to spare.

There is no sufficiently disruptive technology on the horizon to warrant a new phone soon; next year's models will pretty much just have a faster CPU, more RAM and more storage than today's - and I'm starved for none of the three.

Comment Re:Nobody cares (Score 1) 94

Especially since they haven't finished releasing Redstone 1 yet (error 0xa0000400 etc.). Lots of people can't install the upgrade and the current feedback from Microsoft is a vague "we're working on it" and to work around the error by downloading a Win 10 ISO, wiping the HDD and doing a clean install. Because apparently updating their own operating system is a task Microsoft hasn't faced before.

Comment Re:Is this your point? (Score 1) 472

One problem is that it's impossible to build up a strategic reserve of foreign workers. If foreign foreign skilled workers displace local skilled workers effectively enough they might become indispensable. If the supply dries up this would be a big problem.

A hypothetical possible scenario: The American tech sector succssfully pushes for effectively unlimited H1-B visas. American students find they can no longer compete with the much cheaper foreign talent once they have their degrees, at least not at a wage level where they are able to pay back their student loans. As a result, the number of college students drops significantly as American students either settle into affordable low-skill jobs or study abroad (which has a fair chance of leading to employment abroad). After a while the main source of foreign tech workers (let's say India) sees its own tech sector get important enough that few tech workers still want to work in America. The supply of Indian tech workers decreases sharply. America is left without foreign workers but also doesn't have a lot of good local talent either, leading to bad times for the tech sector.

Now, this is entirely hypothetical but it is something to consider - being dependent on a foreign resource is never risk-free and if local workers can't compete on a wage level they will be displaced to a large degree (because most companies consider all workers to be fungible). Of course one solution would be to make American tech workers wage-competitive but I doubt that goal can be reached without buying off both major parties at once.

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