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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:Smart key for ignition, not access. (Score 1) 215

"Even if locked, opening the door via the interior door latch WILL unlock the door."

Depends on the car.
My Fords did this great.  BMW's have a pull twice thing ( first pull unlocks, second pull opens )
GM, I have not owned any recent ones, but my recollection is that they dont open unless you unlock using the inside thingy to unlock.

Comment Re:Why lock the car? (Score 1) 215

In the days of my youth, I bought a club and used it on my pickup.
I went to a friend's house, the friend had some friends of, shall we say, ill repute.
My friend told me not to bother with the club, it was not effective.  I disputed, he said, "Ok...".
We went into the house, then back out a short time later.  My friend "I told you so...".
There was the club, sitting on the seat, no damage to the steering wheel, none to the club.
The club was still locked, and, as far as I could tell, just as it was when I put it on while discussing it's goodness.

Comment Re:Auto pilot is not... (Score 1) 330

During a conference call today, Tesla CEO Elon Musk announced a coming software update for the Model S electric sedan that the company hopes to roll out in the next three months. Its key feature is a new "autopilot" mode that allows for hands-free driving between certain destinations. "We can basically go between San Francisco and Seattle without the driver doing anything," said Musk.

Comment Re:Once again laws trumps your feels (Score 1) 254

Except copyright only protects...copying verbatim or making derivative copies, still significantly like the original text/work.

Not really true in that respect. It protects all sorts of things, even compilations of works that might be copyrighted by others, but the compilation itself is copyrighted (e.g. the books Brad Templeton made by publishing jokes from rec.humor.funny). It doesn't have to be a verbatim copy, but derive a significant portion of its value from some copyrighted work. In fact, in the UK there was a judgement against someone who merely duplicated a style of photograph, found infringing due to having a history of actual copyright infringement. [I mostly disagree with this ruling, btw, but again copyright isn't strictly verbatim copies.]

The argument is that far fewer people will release their creative projects to the world without some form of protection, so it was coded into the US Constitution and subsequent treaties. Consider making something cool, then someone rich simply stealing the idea and capitalizing it through distribution channels while you reap nothing for your original creative idea. This has happened, and even happens today occasionally.

Basically, works based in fictional universes are copyrighted by the holder of the fictional universe, and such works are considered derivative because a large amount of their value (e.g. recognizability) are from the fictional universe or characters. There are certainly intentional exceptions such as parody where you make fun of the universe or the characters, and that's why sketch comedy like SNL has an ironclad protection to create their humor.

Comment Re:Once again laws trumps your feels (Score 1) 254

If one does not protect their IP then that opens up the door for your competitors to use your IP.

You're thinking of trademarks, not copyright. The Star Trek universe, and the characters, are copyrighted even if someone else writes a script using those characters. The copyright holder can selectively choose to prosecute all or none of the violators at his whim.

Certain copyright violations cannot be prosecuted, such as Fair Use. But it's very unlikely fan fiction can fall under fair use, although that has yet to be seen. I believe Star Trek Continues is trying to use that defense as they are non profit and claim their usage is educational (which usually does fall under Fair Use). This is a weak shield, but they also are not harming the franchise so it will likely be overlooked anyway.

"See a lot of post ignorant of the law."


Comment RIP Star Trek Continues (Score 5, Informative) 254

The fundraising issue really bothers me. I know that Star Trek Continues had done some fundraising and was producing 45m episodes that were excellent. The production value was amazing, and they recreated parts of the set that were very convincing.

This may shut that down, without special dispensation from cbs/p.

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 :)

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