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Comment Re:We burn a ton of DVD's every week (Score 1) 385

One of the tricks in production of litigation documents is to produce them in the least convenient form that conforms to the rules. So if the opposing side requests a bunch of e-mails and Word documents, and they don't have the foresight to request them in native format with metadata intact (or the rules don't require you to send them that way), you send them a stack of CDs full of TIFFs. There are even programs that will load up all the documents for review by the baby attorneys* and then convert them all to TIFFs for production. And when the other side sends you a bunch of TIFFs on CDs, it will load those all up, OCR them, and tag them with keywords. This is in part why production is so ridiculously expensive. (The other reason is that the attorneys will spend half a million dollars filing motions and counter-motions fighting over the search terms to use on document and e-mail searches.) (This is why attorneys always win lawsuits, as long as the client is solvent. Occasionally, one of the clients wins too.)

*If you retain a big law firm, they will still bill you $300/hr. for the baby attorney to sit in front of his computer all day, flipping through documents looking for stuff that should be tagged as "hot" or "damaging" or whatever before they go out. Then when the opposing side sends their production, baby attorney sits and reviews all of those too. The whole time, baby attorney is thinking, "I got seven years of post-secondary education for THIS?" But he'll do it, because the partner told him to, and they're paying him a salary of $160,000 plus bonuses that depend on billable hours, and as mind-numbingly boring as it is, it is the easiest way on earth to rack up billable hours, and he still has $200,000 in student loans to pay off.

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: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.

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