Josh in CharlotteNC (profile), 22 Aug 2012 @ 10:01am
Re: Re: Re:
The forfeiture actions are civil proceedings, not criminal.
The websites are given an opportunity for a hearing, after the seizure has occurred.
Like Dajaz1 was? You know, after a year of the government stalling, missing multiple deadlines to return the seized property or allow a hearing as the law requires? After a year of waiting for the RIAA to provide evidence that it should have had before seizure? That all evidence turned out to be completely non-existant?
Would you care to address the argument that the government appears to be completely inept when it comes to seizing anything on the grounds of copyright infringement?
Would you care to address the argument that in some cases it is blatantly obvious that the government is denying constitutionally protected rights of its citizens?
Would you care to comment on whether this shows that if the government wishes to continue seizing websites, it should hold a hearing on the merits of the evidence prior to seizure?
Josh in CharlotteNC (profile), 22 Aug 2012 @ 9:08am
Re:
actually enforce the law against those illegally profiting from the work of others,
Please cite the specific criminal law that applies. (Hint: don't do silly things like mix and match civil and criminal laws.)
seizure of property is analogous to the arrest of a person and is permissible under the law. Surprisingly, the Court- not you- is the arbiter of due process.
And the courts have indicated that in cases where the thing being seized involves speech, such as newspapers and its modern equivalent websites, there is a higher burden on the government to avoid seizing protected speech.
Josh in CharlotteNC (profile), 21 Aug 2012 @ 6:28am
"Try looking at it from your customers' point of view."
You might've had the execs paying attention up until this line. Now you've gone and confused them with meaningless gibberish by referring to their customers' point of view.
Josh in CharlotteNC (profile), 14 Aug 2012 @ 3:14pm
Re: Re: Compartmentalize
Adequate test environments would solve most of that issue. In some cases, I agree it may not be practical to fully duplicate a production environment, but if you're dealing with that complex of an environment, it is even more important to have oversight and good controls in place.
Josh in CharlotteNC (profile), 14 Aug 2012 @ 3:09pm
Re: Re: Compartmentalize
Security is always implemented at the cost of functionality, always.
I'm sorry, but that's nonsense.
Bad or lazy security is implemented at the cost of functionality. Yes. And sure, there can be times when even well thought out security can impact functionality or usability. But saying it is "always" an impact is silly.
Josh in CharlotteNC (profile), 14 Aug 2012 @ 12:32pm
Compartmentalize
Those are all execellent ideas, but there's a big one missing. Compartmentalize whenever possible. Have seperation of duties. If there's no good reason for someone to have access to a system or information, don't give it to them.
A programmer responsible for designing the next version of something doesn't need access to production systems. Neither does the CEO.
If someone doesn't have access to a system, or the information, a social engineer can't trick them into giving it away.
Josh in CharlotteNC (profile), 14 Aug 2012 @ 11:09am
Re: Re: Re: Re: Re: Re: Re: Re: Re:
And nothing stops an aggrieved party from pursuing wrongful enforcement of the TOS in court.
Assuming the TOS doesn't force binding arbitration - which many do. Are you against those clauses as well?
You are so wrapped up that each tiny step is technically legal that you fail to see (or are willfully ignoring) the sum total of the mess is completely unfair to the end user and stacked to the benefit of the entrenched legacy copyright holders.
Josh in CharlotteNC (profile), 14 Aug 2012 @ 10:47am
Re: Re: Re: Re: Re: Re: Re:
I'm aware of the difference - but it doesn't matter to my point. A copyright holder pushing an ISP to terminate someone's internet access on the basis of alleged copyright infringement is a de facto legal punishment arrived at outside of the purview of the court system. Since you claimed you "never said that anyone shouldn't have their day in court" I figured it was an relevant question.
Josh in CharlotteNC (profile), 14 Aug 2012 @ 10:27am
Re: Re: Re:
What action is appropriate for them to take under these circumstances?
From the previous actions and statements of the record labels and their lobbying organization, it sounds as though the preferred course of action would be to cut off all ties with the artist on the basis of an accusation and never do business with him again.
Josh in CharlotteNC (profile), 14 Aug 2012 @ 10:15am
Re: Re: Re:
FYI, a complaint is a one-sided allegation that generally only puts the best face on complainant's grievance.
Interesting that you say this now. Why aren't you rushing to the defense of all the unnamed Does in the various file sharing lawsuits who get ruled against in ex parte decisions?
On the post: Feds Back To Seizing Websites Over Claims Of Copyright Infringement
Re: Re: Re:
The websites are given an opportunity for a hearing, after the seizure has occurred.
Like Dajaz1 was? You know, after a year of the government stalling, missing multiple deadlines to return the seized property or allow a hearing as the law requires? After a year of waiting for the RIAA to provide evidence that it should have had before seizure? That all evidence turned out to be completely non-existant?
Would you care to address the argument that the government appears to be completely inept when it comes to seizing anything on the grounds of copyright infringement?
Would you care to address the argument that in some cases it is blatantly obvious that the government is denying constitutionally protected rights of its citizens?
Would you care to comment on whether this shows that if the government wishes to continue seizing websites, it should hold a hearing on the merits of the evidence prior to seizure?
On the post: Feds Back To Seizing Websites Over Claims Of Copyright Infringement
Re:
Please cite the specific criminal law that applies. (Hint: don't do silly things like mix and match civil and criminal laws.)
seizure of property is analogous to the arrest of a person and is permissible under the law. Surprisingly, the Court- not you- is the arbiter of due process.
And the courts have indicated that in cases where the thing being seized involves speech, such as newspapers and its modern equivalent websites, there is a higher burden on the government to avoid seizing protected speech.
On the post: Showtime Spoils Dexter Finale During Unskippable Pre-Menu Promo
You might've had the execs paying attention up until this line. Now you've gone and confused them with meaningless gibberish by referring to their customers' point of view.
On the post: Announcing The New Techdirt Insider Shop
Re: Re: Bug/Typo
IE8 on WinXP on a fairly well locked down network at work. I'll take a look when I get home, or try to get a screenshot.
On the post: Announcing The New Techdirt Insider Shop
Re: Re: Re: Complaint
On the post: Announcing The New Techdirt Insider Shop
Re: Re: For those who continue to not understand what a paywall is..
Maybe these could start appearing on the main page instead of only being visible if you go to the comments.
On the post: Announcing The New Techdirt Insider Shop
Bug/Typo
What's this?
Also, totally awesome. Will be getting a shirt, probably chat, and more.
On the post: Announcing The New Techdirt Insider Shop
Re: Complaint
On the post: Solving Potential Plagiarism Through Mutual Respect And Understanding
Re: It's amazing
Madness!
There oughta be a law that says you can't settle problems without the lawyers!
On the post: Boston Shuts Down Uber Because Massachusetts Doesn't Approve Of The GPS
Re: Re: Re: Hold on a sec, this is rational
If you're worried, don't use Uber's service, and go with a traditional cab.
Choice is a wonderful thing in a free market.
On the post: Humans: Still The Weakest Link In The Security Chain
Re: Re: Compartmentalize
On the post: Humans: Still The Weakest Link In The Security Chain
Re: Re: Compartmentalize
I'm sorry, but that's nonsense.
Bad or lazy security is implemented at the cost of functionality. Yes. And sure, there can be times when even well thought out security can impact functionality or usability. But saying it is "always" an impact is silly.
On the post: Humans: Still The Weakest Link In The Security Chain
Compartmentalize
A programmer responsible for designing the next version of something doesn't need access to production systems. Neither does the CEO.
If someone doesn't have access to a system, or the information, a social engineer can't trick them into giving it away.
On the post: Universal Music Sued Because 62% Of A Bow Wow Video Is Actually A French Porn Star's Music Video
Re: Re: Re: Re: Re: Re: Re: Re: Re:
Assuming the TOS doesn't force binding arbitration - which many do. Are you against those clauses as well?
You are so wrapped up that each tiny step is technically legal that you fail to see (or are willfully ignoring) the sum total of the mess is completely unfair to the end user and stacked to the benefit of the entrenched legacy copyright holders.
On the post: Universal Music Sued Because 62% Of A Bow Wow Video Is Actually A French Porn Star's Music Video
Re: Re: Re: Re: Re:
However, I imagine many artists would be better off if the labels would tear up their contracts and return the "rights" to their music.
On the post: Universal Music Sued Because 62% Of A Bow Wow Video Is Actually A French Porn Star's Music Video
Re: Re: Re: Re: Re: Re: Re: Re:
Should probably read "de facto judicial punishment" for clarity. I suspect I'm misuing a legal term somehow, but that's why I'm not a lawyer.
On the post: Universal Music Sued Because 62% Of A Bow Wow Video Is Actually A French Porn Star's Music Video
Re: Re: Re: Re: Re: Re: Re:
On the post: Universal Music Sued Because 62% Of A Bow Wow Video Is Actually A French Porn Star's Music Video
Re: Re: Re: Re: Re:
So you're completely against extra-judicial punishments such as 3-strikes (or 5 or 6) agreements between copyright holders and ISPs?
On the post: Universal Music Sued Because 62% Of A Bow Wow Video Is Actually A French Porn Star's Music Video
Re: Re: Re:
From the previous actions and statements of the record labels and their lobbying organization, it sounds as though the preferred course of action would be to cut off all ties with the artist on the basis of an accusation and never do business with him again.
So Universal should tear his contract up.
On the post: Universal Music Sued Because 62% Of A Bow Wow Video Is Actually A French Porn Star's Music Video
Re: Re: Re:
Interesting that you say this now. Why aren't you rushing to the defense of all the unnamed Does in the various file sharing lawsuits who get ruled against in ex parte decisions?
More proof of hypocrisy.
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