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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:Nothing! (Score 1) 132

What have you done to maintain control of your own data?

I keep everything on my own fully encrypted harddrive. I use fully encrypted hdds to do backups. I have my own fully encrypted server hosted at a host provider on the backbone with email.

NSA may have all my mail as well, but I could go to encrypted mail send and receive if I wanted to. There is no need. If I needed to bypass NSA, I wouldn't be stupid enough to use my own equipment or networks.

I don't use insecure, or unverifiable, protocols and devices, like Android and iPads/iPods for anything important (like banking, logging in to remote accounts, or purchases). I use two factor security.

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.

Comment If it were me... (Score 1) 956

I don't blame the kid for the absolutely over-the-top reaction by the supposedly smarter adults. But, frankly, if I were Muslim and named Ahmed Mohamed and living in Texas, I'm not sure I would consider constructing anything involving wires, battery and timer and bringing it to school. Sure, in a perfect world he SHOULD have been able to without incident, but 14 is old enough to understand the social climate and the danger of unnecessarily scaring the ignorant yahoos.

Comment This is mostly correct (Score 1) 312

While Dr. Yak is largely correct on the science, and the fact that a lot of people would be surprised to find certain genetic details about themselves, Dr Yak also completely wrong.

It is completely possible to use genetic details to classify people into groups. There are certainly overlapping people, like Native-American mixed with African, and Northern European. There are lots of people signing up to find out what their "origins" are. There are definite differences between African, Asian, Polynesian, Scandinavian, Jewish, Middle-Eastern, Southern Europeans, and so on. It does not rise to the level of races within the species. Even though: Europeans are largely Homo Sapien/Neanderthal cross-bred, Southern Asiatics are largely Homo Sapien/Denisovian cross-bred, and Africans are largely Homo Sapien/Other ancient hominid cross-bred. There is some mixing of these three, making probably a whole spectrum. Again, though the homogeneity of the human species is so complete we have only one race.

Having only one race doesn't mean there are no scientifically determinate variations. It just means, you can't always tell by looking at someone, what those variations are. I think that is really what Dr. Yak is meaning. These characteristics can be used to include or exclude certain people from some exclusive club. But those doing so, would do well to test themselves first, to make sure they fit in the category they think they do.

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