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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 This isn't a victory for Behring-Breivik. (Score 3, Insightful) 491

Someone once pointed out that hoping a rapist gets raped in prison isn't a victory for his victim(s), because it somehow gives him what he had coming to him, but it's actually a victory for rape and violence. I wish I could remember who said that, because they are right. The score doesn't go Rapist: 1 World: 1. It goes Rape: 2.

What this man did is unspeakable, and he absolutely deserves to spend the rest of his life in prison. If he needs to be kept away from other prisoners as a safety issue, there are ways to do that without keeping him in solitary confinement, which has been shown conclusively to be profoundly cruel and harmful.

Putting him in solitary confinement, as a punitive measure, is not a victory for the good people in the world. It's a victory for inhumane treatment of human beings. This ruling is, in my opinion, very good and very strong for human rights, *precisely* because it was brought by such a despicable and horrible person. It affirms that all of us have basic human rights, even the absolute worst of us on this planet.

Comment Re:Now... (Score 1) 412

hm, that's intersting.

but I hadn't realized this star is only 1500 light years away.
if we assume a major FTL traffic hub at that distance I'd sort of expect more visitors here on earth.

there's no radio signals for them to have received yet,
but if they're that fancy I'd expect them to have pretty good telescopes,
and with FTL who knows how short the trip is out to us.

Comment Re:Righthaven (Score 1) 67

What is right wing about filing a lawsuit to unmask a doe, suing that person, then settling for a much smaller amount. It seems this is used by many different trolls, and likely doesn't have any political ideology behind it. It is sleazy though. Filing a lawsuit with the intention of settling just to get a payout is wrong. It is short circuiting the justice system for personal profit.

Yeah that's neither right nor left, it's the universal language of greedy bloodsuckers.

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