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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:Interesting idea (Score 1) 400

It's mostly because if the cabbie drives faster (and less safely) he can make more fares, and more money. The purpose of proposing that buses drive less safely is to speed up the schedule, which doesn't get the bus driver paid more and normally the bus driver doesn't get to define his schedule anyways.

Comment Re:Serious question - why not just publish to publ (Score 1) 191

My serious question is: what is to prevent individual researchers from just publishing what they have as a PDF or WordPress article on a random site on the Internet?

The main problem is not that there are rules against it, but simply that if you don't publish in an accepted, refereed journal--it doesn't count. Nobody will read you, nobody will cite you, and most of all you won't get any credit for being published, without which a research scientist has no career, and probably no job.

Comment Re:Meanwhile (Score 2) 167

Uhm... I don't believe we currently recognize Russian government as legitimate. We recognize it as ruling.

The two are not separable. If you recognize a government as ruling, you recognize it as legitimate. We most certainly do recognize the Russian government as legitimate--there are embassies and everything. (The current Russian ambassador to the US is Sergey Ivanovich Kislyak, and the current US ambassador to Russia is John Francis Tefft). We don't recognize their annexation of certain territories, most notably the Crimean peninsula, but that's a different matter. With the re-establishment of relations with Cuba, there aren't many governments in de facto power we don't recognize. Taiwan's the most important; we had to withdraw our recognition in order to establish relations with the People's Republic of China.

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