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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: Was this before or after adjustments? (Score 1) 271

REal science is based on logical skepticism, not just crazy ass made up doubt. Not denial wrapped in skepticism.

Logic skepticism. There Is a reason why scientific experts i the field came to consensus regarding Global Warming.

There is a reason Countries that have the most economical impt still agree with Man Made GW.

When skepticism relies on an global conspiracy that involves thousands ,i f not 10's of thousands, or people, it's not real skepticism.


Comment Re: Was this before or after adjustments? (Score 1) 271

I'm not a climatologist.

Then shut up.

" However, I understand science and statistics "

The claim made by everyone who doesn't know what they are talking about.

As an example , in no way did they " adjust the data in order to reach your conclusion".

This also tell me you have no clue what you are talking about:
"The warming in the data is almost exclusively due to the adjustments supposedly to account for urban heat islands. However, without those adjustments, the temperatures are pretty flat."

Lets set your admitted ignorance aside ad go straight to the base science:

1) Visible light strikes the earth Testable? Yes. Tested? Yes. Could anyone devise a test? Yes

2) Visible light has nothing for CO2 to absorb, so it passes right on through. Testable? Yes. Tested? Yes. Could anyone devise a test? Yes

3) When visible light strike an object, IR is generated. Testable? Yes. Tested? Yes. Could anyone devise a test? Yes

4) Greenhouse gasses, such as CO2, absorb energy(heat) from IR. Testable? Yes. Tested? Yes. Could anyone devise a test? Yes

5) Humans produce more CO2(and other green house gasses) then can be absorbed through the cycle. Testable? Yes. Tested? Yes. Could anyone devise a test? Yes

Each one of those has been tested, a lot. You notice deniers don't actually address the facts of GW? Don't have a test that shows those facts to be false?

So now you have to answer:

Why do you think trapping more energy(heat) in the lower atmosphere does not impact the climate?

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.

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