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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:My civil disobedience (Score 1) 534

Indian Outsources call us all the time. They get quite angry when they find out they are talking to the people they want to replace.

Lately they fake their phone numbers on the caller ID to force me to answer their SPAM calls by pretending to be a 304-xxx-xxxx number (West Virginia).

In India the Caste System still rules (despite being illegal) and they don't think much of West Virginia.

They get quite insulted and curse in Hinglish when you ask them what part of West Virginia they are calling from.

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 Bankruptcy will be thrown out (Score 1) 284

I am not a lawyer, clearly, but it seems to me that Gawker isn't entitled to bankruptcy protection in this case just to dodge the court judgement since the court judgement is the ONLY REASON THAT THEY ARE INSOLVENT as a company.

Thiel and Hogan's legal team will have a filing before the bankruptcy court on Monday to throw out Gawker's petition and to stop the sale.

The appropriate filing would be for Chapter 7 Liquidation and a court appointed Receiver put in charge of Gawker (thus firing the management) for the purpose of preserving assets needed to pay the judgement.

Comment Cut the cord (Score 4, Insightful) 164

People are sick of these perpetual price increases. Cable is the only product I can think of that is constantly decreasing in value yet always increasing in price, well above the rate of inflation.

Enough is enough.

I cut the cord back in July, and I've not missed it. And better yet, my dollars are no longer fund channels like MSLSD or CNN.

Comment Re:Isn't this a no brainer? (Score 3, Informative) 474

Most people wouldn't use ad blocking if the advertisers didn't allow malware laden ads be served to their PC's turning them into mindless drones for a botnet. They could fix that problem easily by turning around and vetting ads. Or if the ads weren't so obtrusive and annoying either. Bet we'll see within 3 months that they're reversing this stance, or within a year it shuts down.

Remember when the New York Times decided to put themselves behind a Paywall? That didn't last a year. I suspect the same thing will happen here. People don't like ads. The answer isn't to block adblockers, the answer is to stop annoying the shit out of your visitors that they would WANT an ad blocker!

Comment When do ad networks get sued for spreading malware (Score 3, Informative) 474

Nope. If you want to block my adblocker, fine, I won't go there.

I find NO ad acceptable, but if web ads acted like newspaper ads and sat there, didn't try to distract me from reading, didn't take over my screen, didn't make noise, flash, throb, etc, I'd TOLERATE it.

These days, ad networks are so laden with malware and viruses (when is Google or another ad network going to get sued for not vetting content?) that an ad blocker is antivirus for your web browser!

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