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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 Caring, more or less (Score 1) 765

I know you are correct, but I have decided to hear it as "I could care less (but that wouldn't be worth the effort)".

Alternately: "It might surprise you to know, seeing how little I care, that I could care less than I appear to, but it would take quantum observation to discriminate between how much I care and the theoretical zero point."

So it's wrong but it's not wrong-wrong.

This is hand-in-hand with "It's not 'apathy' per se, I just don't think I care."

In english the ironic is normative. 8-)

Comment Re:TMobile.... (Score 2) 145

It really depends on your location of use and how far from interstates you travel, when you do.

In my case, there is absolutely NO coverage for T-mobile at my lake home on any provider except Verizon. Considering we spend ~40% of our summer months there, this is a necessity.

We also travel, by car, over 3500 miles each summer on a road trip. With Verizon I have never been out of coverage; however, AT&T and T-mobile cannot keep pace--not even close.

Comment Sample Code is often unimpressive (Score 1) 286

They didn't declare the same variable twice. They declared two independent variables with the same purpose to use the same name. If the second one said "d" instead of "c" it wouldn't break the pattern but it _would_ confuse the point that the two ifs create two scopes with no bleeding through.

Your comment seems to miss that point.

The real goal is to create an initializer that is valid for both the "then" and the "else" part but that DOES NOT introduce variables beyond the scope of the liftime of the if. That's why the full comparison text include the outer braces {thing c=stuff(); if (some_status(c)) okay(c); else no_bueno(c); } implies printf("%p",c) error because C is out of scope.

Using the same variable name twice was exemplary of the common closure of scope in the suggestion.

Alos note that the particular example was to bring it into line with the okay=complex_function(); if (!okay) return error; okay=next_complex_function(); if (!okay) return error;

Programmers _suck_ at stringing conditionals and making sure that the whole stop and exit at first error paradigm is met. The above monad can already be done as a number of graceful or degenerate cases.

if all your success states are boolean true, and failure is boolean false then a simple "return co1() && co2() && co3();" series continues until one fails or all succeed. But larger cascades from less boolean series can get "interestingly decorative" depending on how the programmer likes to arrange this sort of thing.

Of course the "Real Answer" is exceptions, but only if you don't then screw that up...

So the solution is a "not bad" attempt to deal with the horror that is "in-band error reporting", a horror that most languages make us blind to due to ubiquity alone.

Comment I used to do this (Score 3, Insightful) 171

I worked for the company that used to provide this service (and a lot fo other 800, 866 and 900 numbers) for the NJ and NYC areas.

It was fascinating equipment. Ancient but robust. It was a constantly turning magnetic drum that had the recording on it about 6 inches tall with a little oil reservoir on top that had to be filled every few months.

It synced against the radio signal from the Navel Observatory, which was perfect but also perfectly useless. You see, there was a short delay induce by the phone lines, so if we let it set itself we'd get irate calls as people listened to it and the radio and they weren't synced. Yes, there are those people and out of the millions of population there are enough of them. So every time the time changed for daylight savings we'd set it, and then manually speed it up by a fraction of a second until it sounded right. Mind you it still wasn't perfect - the phone line induced delay varied by distance and number of trunks, but it was close enough.

Remarkable gear. Never lost time after we set it.

Comment Re:Really? (Score 1) 32

While all of your points are quite valid, there is definitely a lot of community on IG and, as someone who recently stopped using it due to the changes to the feed planned by Facebook, I definitely miss seeing local photographers sharing their work and helping each other get better at their craft.

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".

Comment Re:Apples-Oranges (Score 2) 760

But can 250,000 people in California get a free two-year education? Or are the grants few and far between?

It also assumes time (many work a job or two and still fall below the poverty line), regular availability (so they can't have work that assigns shift because it could overlap classes), that they don't have dependents to care for, nor does it consider the costs of mass transit to places to get this.

I applaud anyone who can pull themselves out of poverty by their bootstraps like that, but I don't think you have a general solution.

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 You don't know what a "chargeback" is... (in U.S.) (Score 1) 194

A dispute is a request to get a charge "investigated". A "chargeback" is an instruction to the bank/credit company take the money back and make it my problem.

Most people don't know that (in the United States) these are completely different things.

If I dispute a charge then the credit card company may contact the vendor and ask them what happened and generally do a resolution where I may, or may not, get a refund. A dispute takes days, weeks, or even months to run its course.

A chargeback tells the credit card company to suck the money back out of the payee's account right now and debit it back to me unconditionally. There is no investigation. There is no delay. Once a chargeback has been issued the credit card issuer is no longer involved in the transaction. They payee may sue the payor or otherwise deal with the financial dispute by legal means. A chargeback is the "nuclear option" for dealing with a credit card transaction that's gone bad.

But understand that a chargeback isn't magic. If you buy something through an intermediary, the credit card bank is taking money from that next step in the chain, from that intermediary. That intermediary may then choose sue you or never do business with you again. So issuing a charge-back to ebay might get you a lifetime ban from ebay or a lawsuit from ebay and leave ebay holding the bag, unable to get the money back from the seller.

I've disputed several charges in my lifetime, but I've only ever once issued a chargeback. A local scaffolding company didn't properly log in the return of the scaffolding I'd rented. So they kept on billing me monthly rent for it. I tried to work it out with them, but they just kept saying they'd be charging me forever unless I showed up with the scaffolding. The individual pieces aren't serialized so it was impossible to coerce an audit to support my claim. I'm a home owner, not a business, so it's not like I could misplace that much stuff.

So I called the credit card company and issued a chargeback. The guy on the phone was all "what charges do you wish to dispute?" and I said "_NO_, I am issuing a chargeback for (amount) and blocking all further charges from (company)." I had to go several rounds and get a manager involved because the phone monkey didn't know what I was talking about. Finally I made it happen. Then I contacted the scaffolding company that I'd charged back everything they'd charged me since the date of the equipment return. With the money back in my hand and the door closed they became way more responsive and we agreed to go our separate ways.

They cold have sued me or whatever, but they would have lost since all of their records were messed up and their procedures were lax at best. So they decided (amount) and whatever equipment they thought I still had wasn't worth going to court.

A full chargeback is the last milestone before a resolution or a law suit, and if you issue (or receive as a business owner) more than a couple a decade you are likely to be dropped by the card company. It would _suck_ for a business to be banned by, say, all of Visa Corp. It wouldn't be fun for a consumer either.

But the full "chargeback" is a guaranteed protection to credit card holders as enshrined by law. The "dispute" is a contract term in your card and/or vendor agreement and subject to civil terms and other sections of law.

Chargebacks exist because the buyer and the seller are the actual involved parties, so either party can say to the payment processors "get out of this dispute completely" but to do that, to get out of the middle, the money must be put back into the hands of the original people.

It's twisty, and you shouldn't ever take legal or financial advice from the internet, but "disputing a charge" and "issuing a chargeback" are _totally_ different things.

Comment Re:I'm curious... (Score 1) 155

Well, a few reasons really:

1. I don't like ads and I can adlbock on mobile web but not as easily on iOS for apps (if at all) which is why they are doing this in the first place.

2. I don't want to download unnecessary applications which take up storage I want to use on other things.

3. I don't see the need to have two different applications to interact on the same platform.

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