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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: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 With automation, a new work force will be needed (Score 1) 940

Yes, it is a very real possibility that a trip to McDonald's may mean pushing a few buttons and a machine delivered your food to the counter. That kind of automation will mean the loss of less educated workers, but it will create an opportunity for a new class of workers that will be trained in the installation, operation, and maintenance of such systems.

In other words, those that can succeed, will succeed. Those that will succeed will be further filtered out from the society.

Comment Re:Liberal excuse to invade privacy (Score 1) 284

One might think their tax revenue service might know what the citizens are making. No need to burden the citizens with inane questions, just go ask your government accountants.

"25% of tax payers ended up pay 0%, sir, and 50% of those saw a redistribution assistance." Cross reference said non-tax payers with the postal codes and voila. You know how many poor you have and where they live.

Comment Re:Liberal excuse to invade privacy (Score 1) 284

The NSA spying was bad, you won't see me defending it.

Google Ads remembering that I was shopping for sexy panties for my wife and then seeing those ads while at work caused a bit of embarrassment. Yes, also a touch invasive.

And they should both be stopped.

I fail to see how pointing out other actions of evil justify a government mandating the turning over of such private information. Did I miss something in your rant?

A government forcing you declare your religion, or if you own guns, etc is an invasion.

Comment Liberal excuse to invade privacy (Score 3, Insightful) 284

The onerous nature of the questions lead to massive violations of privacy. NO citizen of any country should ever be compelled by force of law to reveal the private information of their lives. The government has ZERO right to know anything beyond the fact that I am alive and paying my taxes per the law. They don't need to know my skin color, my religion, what I do for a living, etc, etc.

The information they want to gather will only lead to the further degradation of the privacy of the citizens.

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