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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 Off-shore Off-shore Off-shore (Score 1) 248

Those who claim the US benefits by draining the best and the brightest from around the world are doing two things wrong:

1) They bad liars. Everyone knows they just want cheap labor. Just cut the noise already and accept the fact that they may have to send some mangers overseas.
2) Even if they happen to get someone particularly gifted to leave their native land and work cheap in the US, they're ignoring the negative impact this has on those -- usually developing -- economies which need their best and brightest in order to grow their economies to become importers of US goods and services.

Comment Sorting proponents of social theories to test them (Score 1) 609

The social sciences have tied themselves in a theocratic knot:

The politics of exclusion is evil therefore any attempt to exclude confounding variables in human ecology causality is evil.

Let's look at that word "ecology" for a moment:

There is something called "the ecological fallacy" that like the bromide "correlation doesn't imply causation" is trotted out or ignored at the convenience of the theologian posing as social scientist. The "diagnoses" of "fear" "xenophobia" "racism" are all modern day equivalents of "demon possession" in the moral zeitgeist of these theocrats.

Let me give you a contrasting example from the medical profession to illustrate exactly how intellectually, scientifically and morally bankrupt are social sciences by comparison:

My wife is dying of Huntington's Disease and there is a cure called ASO gene silencing. It has been tested in the entire pipeline of animal models up to and including primate models, and has been shown to be both safe and effective at slowing, halting and even partially reversing symptoms in moderate doses. It is undergoing human safety trials and even though her decline is accelerating toward death and she consents to treatment, she is denied the treatment. This cruel reality actually has _some_ ethical basis due to the need to ensure that before a treatment is unleashed on even a dying population, that it be shown to be both safe _and_ effective -- not by mere "empirical data" (compiled correlations of naturalistic observations) but by establishing causality with experimental controls to exclude confounding variables including placebo effect. Even after being so demonstrated, she would not be treated without her consent.

Compare and contrast "social science" imposing its "treatments" on massive numbers of people without their consent, let alone showing the treatment is both safe and effective through experimental controls.

I'm sure many if not most "social scientists" would give me some sort of "diagnosis" for rendering the foregoing opinion in favor of "the politics of exclusion" and, upon that "diagnosis" would judge me to be a danger to myself and others, hence, to be deprived of the kind of society in which I might prefer to live as a preventative action. This, in their esteemed expert opinion is not "prejudice" even though it removes from me a basic human right without so much as an accusation of commission of a crime, let alone trial let alone full _judicial_ proceeding which judges me after I've made the case for my innocence and/or sanity. No, _that_ is not "prejudice". What is "prejudice" is some personal preference I might exercise in my private life given limited information and limited resources to obtain that information.

Seriously, it's all falling down and good riddance.

Let's hope something like sortocracy replaces it. http://sortocracy.org/

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 Achieving Escape Velocity From Perl5's Gravity (Score 2) 281

Perl6 seems to offer a lot in the base language, obviating many CPAN modules, but the network-effect of CPAN modules creates a gravitational field which, in combination with the differences in the base language, makes reaching escape velocity to Perl6 challenging.

What is the strategy for achieving escape velocity from Perl5's orbit to Perl6's?

Comment Artificial Intelligence-Based Education (Score 1) 178

I keep coming back to natural language compression prizes. The best hope we have of ameliorating human stupidity and ignorance is computer based education starting with a _neutral_ electronic genius with astronomical verbal intelligence. Verbal intelligence entails the ability to assess the verbal and cognitive character of your audience and modify your speech acts accordingly. The cost of electricity -- about 10 cents per kilowatt hour -- would be vastly lower than the cost of transferring benevolent _natural_ geniuses with high verbal intelligence into educational roles. Moreover, the exponential character of Moore's Law, combined with the history of bad general artificial intelligence theory that is finally giving way to mathematical rigor, offers an enormous potential for computer aided education in the near future -- if natural language compression is seen as the critical metric for "friendly AI" it is under such rigor. http://prize.hutter1.net/

Comment I Blame Trump's Rhetoric!!! (Score 1) 405

Donald Trump's divisive rhetoric made this necessary -- well, that and the white trash to which it appeals. Fortunately, we are seeing increasingly rapid replacement of whites the world over by more vibrant populations that keep their women barefoot and pregnant. So this, quite reasonable, limitation of freedom of speech is only a temporary measure.

Comment Re:The Final Solution to the Trump Question (Score 1) 751

Actually, it's pretty simple to show that the defection strategy in the prisoner's dilemma is going to dominate mass psychology in accord to the degree to which it is that of "huddled masses yearning to breath free". But I don't expect the "we" you cite to take that into consideration -- not because of the stupidity of "we" but because it is easier to get away with deception when "we" don't even think "we" are being deceptive. Actions speak louder than thoughts.

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