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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: "3 whole buttons to talk to Nana? Bullshit!" (Score 1) 114

I routinely use Hangouts for video calling because most of the people I know use Gmail and have Google accounts, and it tends to be very easy. I've used it cross-platform with Linux, windows, Android, etc with no problems. I have found that it tends to have higher video quality compared to Skype and it's easy to have a conversation with multiple participants who can join and leave at their leisure.

Comment Re:Question (Score 1) 519

plateauing at a level where they can afford everything they want to consume

Are you f-ing kidding me?
In what alternate universe can the author live to write utter dreck like that?

Any hood will tell you they want to live in a mansion with a pool, servants, drive Ferraris, and get served caviar by scantily clad objects of desire with champagne on the side.

There is no plateau.

Comment Re: The Republicans want to make everyone work (Score 5, Interesting) 1145

That's bullshit. My family came into this country as refugees with almost nothing. We depended on social services while my parents were learning English. I earned my way into school, got a scholarship to go to college. I worked my ass off in college to have a high GPA, worked 20+ hours a week in a lab in addition. I earned my way into an MD PhD program and didn't have to pay for medical school... worked my way into residency and fellowship. In the meantime my parents are earning 5 figures.

United States is the most amazing country in the world, where opportunity is still pretty open. I am so thankful to be here.

For duck's sake, please don't turn it into the country I ran away from.

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 That Walmart Bit... (Score 1) 940

I would say that Walmart is subsidizing the welfare system more than the other way around. People that are on welfare and work at Walmart wouldn't have any job, most likely, if Walmart didn't exist. After all, who actually has the scale that allows the formation of a job of a greeter that waves when you walk in. Only a big store can do that and carry a profit. Speaking of which, Walmart actually doesn't make a great profit margin. It just has lots of big stores.

Comment I vote for Gridlock! (Score 1) 819

The very thing needed for a democracy to genuinely work at a national level is for people to be of one mind. That is obviously not the case in the United States and hasn't been since, well, ever. Even the American Revolution was driven by the minority of the population, as was, quite frankly, the Civil War. Today, the country is pretty sharply polarized, and no group really trusts each other and nor should they. We have liberals and other statists (including neoconservatives), evangelicals, libertarians, anarchists, all of them who have an idealized life that is completely different. Add to the mix of wide political outlooks that include continual race and gender based politics and political argument, and you've basically a country that can't help but be in a continual state of gridlock.

My ideal case is to deconstruct anything about the government. I resent that the courts have so much power over my family that they have soured my ability to trust any kind of governmental power whatsoever and my only answer is to vote to shut it down. This libertarian idea is impossible to reach, so the best bet is to let the powers that be bash each other, so, I always vote for divided government. Shut it all down, I say, at the Federal Level, then break up the states next!

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