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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:Welcome to India (Score 1) 96

Rapes in India: about 37,000 per year for a country of 1.26 BILLION. Press reports it as a rape every 20 min.
Rapes in US: 1,200,000 per year for a country the fourth of India according to CDC. No one talks about it.
Obviously, BOTH are under-reporting.
If you take a large country as India or China, every measure will be automatically large. Talking absolute numbers rather than per capita adjusted numbers is either dumb or malicious journalism. During the Delhi rape coverage, not one newspaper I read talked about per capita rates.

Let's be realistic. For a poor country, the rights of women in India are no worse than similar poor countries. At least in India, the public holds large protests over rape. Don't see that much elsewhere.

Comment Re:Alarmism (Score 2) 96

You are entirely looking at India with US legal system lenses. In India, the political system is not dominated by lawyers i.e. the politicians don't have a legal background as much as they do in US. Public prosecutors don't routinely run for elections and hence have an interest in promoting themselves as "tough on crime". AFAIK, terrifying the defendant with disproportionate punitive threats and forcing him/her into a plea deal is not an issue in India. There, the problems are more around the legal process taking simply too long due to inadequately funded institutions, outdated laws and generally a less agile system (poorer country), rather than an overzealous application.

That said, both India *and US* do have arbitrary application of law - due to different reasons and cause different sets of problems. Corruption is of course more in India, as you would expect in any country with its per capita income. Yet, I'd say that far... far more people are put in prison in US due to arbitrary application of law than in India, even though the due process is said to be much better in US.

Comment Alarmism (Score 4, Informative) 96

All this is pointless hyperventilating by people who understand little about India.
India is one the LEAST punitive countries in the world. It does not believe that putting people in the prison is a solution for anything – even for things most of us would agree that people should be put into prison for.
India’s incarceration rate is 33 (one of the lowest in the world) per 100,000
US incarceration rate is 698 (highest incarceration rate in the world, if you ignore Seychelles) per 100,000
Have you ever heard of anyone put in prison in India for downloading a file? The law has been around since 1957. I am not even sure if for-profit bootleggers who sell media in India have been in prison for more than a few weeks. This is just some tech-ignorant government bureaucrat getting carried away. If a 0.01% of Indians tweet about it, the warning will be edited to something realistic. This has been the pattern about most India alarmist articles on Slashdot.

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:Jingoism and Nativism (Score 0) 242

If you think not letting Apple open a few stores, unless they sell a few goods from India in return, is comparable to the utter and complete destruction of an entire civilization's economic status in the world during the colonial era, in the guise of free (which it was not) markets, you are completely unread of world history outside the western perspective, if not the remnants of the cold-war era propaganda perspective, that too in a rather shallow sense. This has nothing to do with Trump or whatever is his message. I am talking history, and its consequences on policy, not pandering politics and demagogues. Read at least one book on the devastation of colonialism and force-imposed free trade on India. Until you do, you won't get this. Yes, I can hear myself talk; not sure you can.

Comment Re:Jingoism and Nativism (Score 5, Insightful) 242

You are ignoring the fact that India was colonized and used as nothing but as a market for centuries and sucked dry. Those scars will take a long while to heal and those are lessons not easily forgotten. The word "Free Trade" has a different meaning to an Indian (as well as to those who also endured the Opium Wars and the Black Ships incident in their history). They had completely different experiences with it in their history. This is a rational strategy from those experiences.

Likewise the idea of protectionism has cold war era connotations in US; not so in India. It was a necessarily strategy for India to protect itself from neo-colonialism when its capacity to compete was never allowed to mature. India started rolling back these defenses (which naturally hold back growth - security vs. speed) gradually once it felt its industries and services are maturing and have a chance to actually compete in a free market. But that is a gradual process rather than a binary choice.

> Why should the people of one country be privileged over the people of any other? Just because they were born there?

That said, I generally agree with the sentiment. But even the majority in US don't agree with that.

Comment Re:Thought he retired... (Score 2) 257

This is a simple general rule: When someone merely points to the expert consensus (with respect to any mainstream science), without any innovation, they do not need to be challenged on their personal expertise. People who do refute an expert consensus are those who need to be challenged on their expertise and are asked to submit their evidence to peer review.

I don't need to be a biologist to say that evolution is real. If I say it isn't, THEN my credentials come into question.

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