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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: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:Full Text of 2nd Amendment (Score 1) 663

I was being a bit flippant, but I think this is just a quibble. Well regulated meant that they were trained, prepared, supplied and ready to fight. "Shoot straight" wouldn't have been the dictionary definition, but that's what it boils down to.

"[A citizenry that is ready and capable of using their own guns] being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed." This is the only logical reading of the second amendment.

"[Citizens that are controlled, supervised, and follow all the rules imposed by the government] being necessary to the security of a free State, the right of the [army] to keep and bear arms shall not be infringed" is self-contradictory and nonsensical.

Comment Re:Full Text of 2nd Amendment (Score 1) 663

Yes, in the mid- to late- 1700s, "well regulated" meant they could shoot straight. The necessity of such a militia was NOT meant to protect our liberties from foreign attack (the government has a military and the idea of needing a constitutional amendment forbidding the government from taking it's OWN guns away is laughable). Rather the goal was to preserve the right to revolt.

In 1776, regulation most definitely did NOT mean "controlled by the government." You did not need a license to practice medicine, much less sell lemonade or pretty much any business activity. You didn't need to get a permit to burn your trash or permission ride a horse. Governments were not about setting prices, insuring safety, or controlling who could perform what job. In fact, the first modem government regulations didn't come until the "robber barons" started colluding on prices for railroad hauls. They had the audacity to charge a higher price based on demand for a route rather than just charging by the mile. The ICC was formed to bust this oligopoly. The first commissioner just so happened to have been a lawyer for the railroads (who else would know enough about their business), and his first act was to set uniform pricing (at the higher rate). The oligopoly finally had a way to enforce their pricing without the possibility of defectors or cheaters. And thus the modern era of regulation began.

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".

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The bogosity meter just pegged.