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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:In the U.S., why isn't this obsolete by now? (Score 1) 129

Failure to register a foreign birth with the State Department risks the citizenship not being recognized if it's not done before the child's 18th birthday. Depending on the citizenship laws of the nation of birth and the parents, this places a risk of the child becoming stateless upon his or her 18th birthday.

Comment Re:Encryption (Score 1) 319

It doesn't really matter. I'd do that with any job.

But for the current job, it means when I'm on vacation, out at dinner, or just don't want to be bothered by work, I can silence or turn off the work phone and not be bothered by customers, who have fallback contacts if I'm not available. At previous jobs, MDM was required for any phone connecting to the corporate network, and there is no way that I'm giving control of my phone over to someone at corporate, especially since I had no trust that I would have a job from day to day. (Not concerning my performance, but random cuts happened for little apparent reason because the company couldn't hit its stated profit goals, targeting some very good people.) I really didn't want my personal phone wiped either intentionally or accidentally by corporate, not to mention the possibility of reading it.

Comment Re:Encryption (Score 4, Interesting) 319

I do not, nor have I ever, used my personal cell phone for work purposes. Key work people may have the number for emergency purposes, but it's made clear that me providing that number is a serious point of trust, and that it should never be used except for the most dire circumstances. My work cell not answering doesn't count. Clients are to *never* get that number.

About a year ago, I took a job where they don't provide a phone. I chose instead to purchase a separate line that is used entirely for business. Only a few personal contacts have the number (parents and wife, basically). If I ever leave the company, the line gets disabled (phone was purchased off contract) so I don't have to field calls from clients. Even if I choose to use the phone with a new employer, it will get a different number. The cost of the phone and extra line comes off taxes each year.

When traveling internationally, the phone gets backed up, wiped, and reinitialized with a separate ID that has no links to the old except for necessary work contacts. Something similar happens to the notebook. After returning home, what little new data is present is backed up, then the pre-trip backups are restored.

All devices are fully encrypted, so reinitialization gets a fully clean start.

Comment Re: VISA program is GOOD. H1B is NOT. It is a joke (Score 1) 248

Desktop browsers don't capitalize by default. Some of us still use them. (Some of us also know where the Shift keys are and learned to type somewhere along the way, even if it was only using Mavis Beacon.)

That said, I've roundfiled plenty of resumes where the person clearly didn't bother to do any spell- or grammar-checking.

Comment Re:Free movement of labor for other jobs... (Score 2) 248

That's the textbook goal of a tariff. Countries have used tariffs to effectively shut off imports.

Tariffs also only work if the imposing country has a significant advantage. It's possible to vastly overdo them, as the Smoot-Hawley Tariff Act did (trade dropped by half in both directions). In a global trade era, the effect of tariffs against a given country can be quickly countered by that country offering more advantageous trade opportunities to other nations. China could offer more generous status to the EU, for example, which would probably be quick to accept lower cost imports as a potential boost to its own lackluster economy.

Trade wars benefit few, and rarely end up with the imposing country getting its entire way. As time goes on and trade becomes even more globalized, I suspect that the imposing country will more often be forced to offer significant concessions to get out of the trade war. Eventually, free trade zones the world over will be the rule. Whether that's good in general or not, I don't know.

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