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Comment Re:Criminal versus Civil (Score 2) 83

I came here to say that. There have been no criminal prosecutions for people who merely share copyrighted material on P2P services. Also, statutory damages aren't available in a criminal proceeding. A fine would have been, but that goes to the government, not the copyright holders. Here is what the United States said about restitution in this case:

The United States does not seek an award of restitution as part of the sentence, due to difficulty determining the amount of actual loss suffered by any victims as a result of the conduct. In a similar circumstance, the D.C. Court of Appeals recently found that a district court abused its discretion in awarding restitution in a copyright infringement case where the evidence was unclear on whether the defendant’s conduct “in fact thwarted actual sales of the victim’s product.” United States v. Fair, 699 F.3d 508, 514 (D.C. Cir. 2012). The Court of Appeals noted that “a defendant’s gain is not an appropriate measure of the victim’s actual loss in [Mandatory Victims Restitution Act] calculations.” Id. at 513. Counsel for the United States reached out to the Motion Picture Association of America, a trade group representing the major American motion picture studios, to inform the group of the August 13 sentencing date and that there may be a right to present a Victim Impact Statement if desired.

There would be no such limitations in a civil suit against him.

Comment Re: which is fine light reading, but not a referen (Score 1) 22

No book is ever "certified" by any court. Only statutes, regulations, and case law have any binding effect on courts. Some treatises are so authoritative that they are cited and considered highly persuasive. But there are no (or at least very few) case books that are treated this way. That's simply not what case books are for. They are for teaching in law school. They mostly consist of cases with some commentary and questions or problems for discussion.

Comment Re:irrelevant (Score 1) 291

The CA Labor Code involves only "an invention that the employee developed entirely on his or her own time without using the employer's equipment, supplies, facilities, or trade secret information." The article linked in the post is talking about an invention-for-hire doctrine that only covers inventions made within the scope of employment. So, I'm not sure how situations like the one covered by CA law are relevant. The point remains, it is not necessary to create such a doctrine, because employers, as a general rule, require employees to sign an assignment agreement that covers inventions made at work using work equipment.

Comment Re:First paragraph fail. That said, I'll RTROTFA (Score 1) 39

Yeah, the court was ruling on several motions at once. The defendants' motion for summary judgment (which argued the use was fair) was granted, and the plaintiffs' motion for summary judgment was denied. That means the entire case is over at the trial court level. The standing part of the case was limited to a small subset of the issues.

Comment Re:Publish or perish (Score 2, Interesting) 123

Journals don't only publish papers reporting "positive results," whatever that may be. Even if your study comes out a way you didn't expect, if you did it right, you should still be able to get it published. There's something beyond publish or perish that is at work here.

Comment Re:It's not Entrapment. (Score 5, Informative) 573

It took a constitutional amendment to ban liquor, because the Supreme Court at the time did not interpret the Commerce Clause as expansively. After Wickard v. Fillmore, banning liquor or drugs would be perfectly within Congress' powers. The fact that Congress delegated some power to the DEA is perfectly in line with a number of precedents on agency powers.

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