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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:It's optional (Score 1) 57

I have no idea why T-Mobile has so many fanboys hearing only what they want to hear, but their press release isn't exactly ambiguous:

With T-Mobile ONE, even video is unlimited at standard definition [...] For customers who want higher definition video, T-Mobile ONE has you covered too with an HD add-on for $25 a month per line.

Ars has the same take on T-Mobile charging $25 extra for "HD."

Comment Re:How are they doing this? (Score 2) 57

According to this anon, they do string matching on host, content-type, and SNI fields, which is how they throttled HTTPS YouTube. If you wrote a proxy that rewrote those fields, you could escape Binge-On. Or apparently make Binge-On detect random shit as an approved streaming partner and zero-rate it for you.

Comment Re:how many people (Score 1) 57

I want 1080p YouTube videos on my phone. My phone has a 1080p screen, and even at native resolution it's already a pain in the ass to make out any text, captions, or fine details (mouse cursors, HP bars, wires and gauges, whathaveyou). Downscaling the video to <1.5Mbps 480p and blowing it back up again doesn't help legibility any.

If you nerds want to relive the 90s, nothing's stopping you from transcoding everything you watch to 64Kbps RealMedia(tm) first. I certainly wouldn't pay anyone to run a Minecraft filter on all my video, though, and I doubly wouldn't pay them again to unfuck it.

Comment Re:How are they doing this? (Score 1) 57

how can T-Mobile stop people from getting full HD streams from that provider without paying the extra $25 charge

They use some form of DPI to detect video content, and throttle everything that matches--even non-streaming downloads of video files--to 1.5 Mbps. If your video provider of choice feels like sucking T-Mobile's cock, there's an API approved providers can implement to serve <1.5Mbps streams to the "Binge-On" customer instead.

If your video provider of choice has not written any T-Mobile-specific code, they better be able to dynamically degrade to a <1.5Mbps stream, or the video will buffer or not load at all. A VPN might be able to evade that, except a VPN would probably be detected as "hotspot" or "tethering" usage, which is throttled to 128Kbps on the new "unlimited" plans.

Anyone claiming the video throttling ("Binge-On") is optional or can be turned off hasn't read TFA or TFS. That used to be the case, and still is on the old plans, but it's mandatory on the new "unlimited" plans in order to prevent you from actually using any data.

Comment Re:Which Glasses / Be The Girl (Score 1) 80

1. With occulus rift being vaporware, which glasses are the best for viewing 3D porn?

The Facebook Rift is actually shipping now, but I'm partial to the Vive. You'll need to purchase Virtual Desktop to watch 3D videos on the latter.

2. What are the best sites for "be the girl" porn? (serious question)

Check out this, shot from a girl's PoV. You'd think looking down at your chest and having a girl's breasts would be weird--unless you are a grill, I s'pose (inb4 >slashdot), or unless your physique lends itself to man boobs.

But it was having a girl's arms that freaked me out.

I mean, I'm no Yao Ming, but I'm tall. I have large hands and long fingers, though I'm not used to thinking of them that way--they're just your hands, right? How much time do people in prohibitionist states spend really contemplating their hands? Outside of shopping for a pair of gloves that fit (they're all made by gnomes, for gnomes), or showing off with some Rachmaninoff, they're just hands, and you don't really think about their dimensions.

But that video dumps you into the perspective of a girl. A tiny girl. A tiny girl, with tiny arms, and tiny hands, and tiny, tiny wrists. And holy shit, is that weird.

I'm used to porn making me big, but that was the first time porn made me small! It was some real Alice in Wonderland shit.

I mean, are tiny people really that tiny? How do you tiny people do push-ups without your hands breaking right off? How do you reach the trigger on a rifle? Do your fingers not overhang computer mice by several inches, dragging along the tabletop every time you mouse?

Were people serious about the Xbox controller being large?

The whole experience has really changed my understanding of reality. It's not the kind of thing you can casually whip out at a VR party, though.

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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