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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 Re:This is what happens when you have (Score 1) 193

Let's not forget that it's also a thermostat which is "smart" enough to call home (its home, that is) and report on your your thermostat settings and other activities that might be deduced from interaction with the device.

Some people think it's stupid to worry about such things. I think it's a "foot in the door". Remember, Nest was going to be part of a complete home "system".

Comment Re:Luddite here (Score 3, Insightful) 109

Yep - I'm sure no one at Google thought about this. You should email them quick!

What, you think Google is magic, or prescient?

Google has had A LOT of bad ideas. And went on to implement them, only later to realize they were bad ideas.

The thing about Google is that it (or Alphabet) is big enough that it can afford such failures... no matter how much it costs the rest of us.

Comment Re:well intentioned? (Score 1) 209

So why did Clapper commit perjury in front of congress to cover up these programs?

Besides, we have the documents leaked by Snowden, which revealed what they revealed. And as a result we know that we were lied to, and deceived, and criminally abused, over oh so many things...

Good intentions do not make up for that. Professionalism doesn't make up for that. Nothing, in fact, makes up for that.

Comment Re:Reliable sources (Score 1) 185

The court ruling doesn't give any context.

Yes, in fact it does.

Is your criteria for "how I find out about the world" seriously "Is this source telling me what I want to hear"?

No, but yours appeared to be, from your comment: "I'm not saying the story's wrong, but could you have found better sources than the Daily Caller and Zerohedge?"

I'm assuming some projection in your comment, because there's nothing in mine that bears any relationship to your extremist ideological twaddle.

It's a free country. Assume away. It won't get you anywhere, but I will defend to the... uh... change in my pocket, your right to do so.

I'd have been happy if the links were to the WSJ (minus paywall) or Times of London. Links to a politically charged blog and an economically charged blog, both of which are obsessed with ludicrous conspiracy theories, is not acceptable or useful.

Wait a minute... didn't you just imply that the source doesn't matter? You just got done insulting me for having that very attitude (albeit incorrectly, as I actually stated the opposite). Right up there, a few lines above, in quotes.

You leave me with little choice but to just repeat what I said before: I'm sorry your delicate eyes were offended by all that nasty material you had to be exposed to for the 10 seconds it took to find the link to the actual, unbiased source.

Yours must be a very hard life, with all that offense going on all the time.

Comment Re: Depends on the devices (Score 1) 183

Doesn't anybody remember that Cisco did this with their Linsys routers? In order to set up your own router, you had to do it via a webpage on Cicso's servers, and from what I understand, it also called home a lot when it didn't need to.

I doubt I have to say here: that's not what I want in a router.

I never did find out what became of that situation. All I know for sure is that I don't buy Linksys products now.

Comment Re: Because they do it at all (Score 1) 280

The idea that Obama has been "reasonable" I find downright laughable.

I don't blame him for the things he tried to do and didn't.

It's what you seem to think are the "little" things, regardless of how his administration brought them about: a huge increase in mass surveillance, foreign policy seemingly designed to aid the enemy, and... how many crimes? That we know of?

Let's see. There was Clapper lying to Congress, Lerner lying to Congress, Holder lying to Congress, McCarthy lying to Congress, Holder in Fast and Furious, oh... and now a Federal judge has caught DOJ attorneys lying about the government letting in 100,000 (!!!) immigrants it never had any lawful authority to let in, and knew it.

That's just off the top of my head. How many other broken laws and Constitutional violations can we find if we really look? ALL of those people lying to Congress were direct employees of Barack Obama. He appointed them, he told them what to do. That's his job.

Let's not forget bombing whole families from drones, in violation of both U.S. and International law.

Maybe you don't think that's doing a lot. I do. And that's only a fraction of it... just SOME OF the things we've caught them at.

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