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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: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.

Comment Re:Righthaven (Score 3, Interesting) 67

What is right wing about that process? The Democrats support the movie industry, not the Republicans.

The fact that Democrats support something doesn't negate the possibility of something being right wing. The Democrats are not ideologically pure, or ideologically homogenous, and very few of them can be considered "left".

To me, pretending that copyright is only about property rights, and ignoring the fact that copyright was also supposed to be about free speech and about making material available for free to the public after a limited time, is definitely "right wing".

Comment Re:DMCA needs to die (Score 1) 67

This has nothing to do with the DMCA, this is a straight out copyright infringement lawsuit being filed. The real problem is that the methods the copyright holders (or the copyright enforcement goons acting on their behalf) are using to identify torrent users aren't good enough and its good to see at least one judge willing to call these enforcers out on it.

Exactly. Would have been nice for judges to start doing this 11 years ago, but glad they've come around.

Submission + - All Malibu Media subpoenas in Eastern District NY put on hold

NewYorkCountryLawyer writes: A federal Magistrate Judge in Central Islip, New York, has just placed all Malibu Media subpoenas in Brooklyn, Queens, Long Island, and Staten Island on hold indefinitely, due to "serious questions" raised by a motion to quash (PDF) filed in one of them. Judge Steven Locke's 4-page Order and Decision (PDF) cited the defendant's arguments that "(i) the common approach for identifying allegedly infringing BitTorrent users, and thus the Doe Defendant, is inconclusive; (ii) copyright actions, especially those involving the adult film industry, are susceptible to abusive litigation practices; and (iii) Malibu Media in particular has engaged in abusive litigation practices" as being among the reasons for his issuance of the stay.

Submission + - DebConf15: Largest DebConf to take place in Heidelberg mid-August

alfino writes: Less than two weeks away, DebConf15, the 16th Debian Conference, scheduled to take place 15–22 August in Heidelberg, Germany, has been officially announced. The organisers are expecting more than 550 participants from 53 countries (making it the largest DebConf so far, and the first in history that will be closing registrations early), and have presented a schedule packed with talks and events, including several prominent, invited speakers, and yet plenty of room for informal and ad-hoc collaboration. Most events will be streamed live to allow for remote participation, and archived for later consumption.

The celebrations of Debian's 22nd birthday on 16 August, the traditional "Cheese & Wine BoF", a screening of the Oscar-award-winning documentary Citizenfour (which mentions Debian in its end credits), and a day trip for all attendees top off the programme. Additionally, DebConf15 will be preceeded by DebCamp, a week of sprints, workshops and hacking sessions. It is expected that much progress will be made on Debian (gcc5 transition, planning of the next stable release "stretch", etc.), and of course Free Software in general. The conference itself begins with an Open Weekend geared to the public, and featuring a job fair.

Attendance is free of charge thanks to numerous sponsors, including Platinum Sponsor Hewlett-Packard. Registration is required nonetheless and only very few places are left.

The conference will be tracked on various social media sites using hashtag #DebConf15. Even though Debian does not endorse proprietary services, @DebConf will have the news.

Comment Re:Victory for common sense! (Score 1) 91

If other judges follow this precedent, it will be the death knell of civil litigation involving the internet in any way. I don't like how trolls do business, but I don't think changing the rules like this is a good idea overall.

This isn't changing the rules. This is following the rules.

See my article in the ABA's Judges Journal about how judges had been bending the rules for the RIAA. "Large Recording Companies v. The Defenseless: Some Common Sense Solutions to the Challenges of the RIAA Litigation". The Judges' Journal, Judicial Division of American Bar Association. Summer 2008 edition, Part 1 of The Judges Journals' 2-part series, "Access to Justice".

Comment Re:Victory for common sense! (Score 1) 91

Remember, Malibu Media can just change venues too and start this all over again... This judge didn't do anything worth while for you and me and opened himself up to an appeal where he obviously will be slapped. About the only thing he accomplished is getting Malibu Media out of his courtroom and off his docket, for now. Nothing else will change.

I beg to differ.

Malibu Media can't choose the venue, or the judge.

If Judge Hellerstein's decision is followed by other judges, it will be the death knell of the present wave of Malibu Media litigation.

Comment Re:Victory for common sense! (Score 1) 91

I fully appreciate your perspective and I agree that the waters are getting pretty muddy when you start trying to tie an IP address to a person, but the issue here is the issuing of the subpoena and not letting Malibu Media pursue discovery. They must be allowed to protect their rights in civil court, and that means they must be allowed to subpoena third parties for information so they can move from "John Doe" to an actual name and in this case, that takes a subpoena from the court.

While your argument for discovery has some logic to it, it is based on a false assumption of fact : that Malibu Media, once it obtains the name and address of the internet account subscriber, will serve a subpoena on that person in an attempt to find out the name of the person who should be named as a defendant.

Malibu Media's uniform practice, once it gets the name and address, is to immediately amend the complaint to name the subscriber as the infringer/defendant and then serve a summons and amended complaint, not a subpoena, on the subscriber.

This is in every single case .

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