That Anonymous Coward (profile), 16 Jul 2020 @ 3:30am
Wait until someone finally manages to get his books & compare what he told clients with checks he deposited.
Willing to bet there are several clients who are unaware that there are judgements against them, that settlements were paid to them, & entire cases happened without them ever being aware.
I mean if you look at the flurry of lawsuits between trolls & their clients you can see a pattern of people getting screwed out of money & having no idea what was happening in the cases.
Be it clients not being paid or firms not getting paid, it pretty much is an open secret that copyright trolling seems to draw in the worst of the worst... and I'd be happy if they were only feeding on each other, but they keep shaking people down based on imagination & evidence courts just don't understand but still somehow have faith that these lawyers would never ever ever lie to them... despite the huge number of benchslaps & questionable cases.
Now we have to deal with a court that reversed a ruling on the evidence Strike 3 uses isn't actually enough, not because they understood the tech but because they thought it was the lower court just being mean to them b/c they make porn & the thousands of cases they have filed & abandoned is not evidence they are just shaking people down.
That Anonymous Coward (profile), 8 Jul 2020 @ 6:45pm
Re:
Ummm but that logic is much different than torrents.
A download creates a new copy of the information & that violates copyright.
The search engines have no requirement to deal with DMCA notices, but the cartels are willing to waste much time & effort in courts where it was just easier to give into the demands.
A DMCA notice is to be sent to the HOSTER of the information, search indexes don't host a damn thing. Google could tell them to fsck right off, but the ensuing legal battle would waste a bunch of money & Congress is stupid enough to expand the DMCA to keep getting invitations to events with the famous beautiful people.
I keep advocating for a small fine when someone does a bad DMCA notice, as most of them are sent by the lowest bidder hundreds of thousands at a time and until they threatened a lawsuit we could see the actual numbers of bad notices sent to Google, now Lumin is much less useful for showing how fscked up the system is. There was a company that was using procedurally generated web page names to just submit thousands of things that weren't actually on the site they targeted. If the rightsholder had to pay even a quarter for every flawed notice they would get much better at this.
The downside is the law gives them the right to force you off the internet on accusations alone (thanks idiot Judge) & when they screw up there isn't a damn thing we can do without a huge legal battle & you won't win enough to pay your lawyers let alone teach the idiot a lesson.
That Anonymous Coward (profile), 6 Jul 2020 @ 5:04pm
One does wonder if there are some lawyers who would love to see if the raw video matches what they were provided during trials/hearings as the actual evidence.
That Anonymous Coward (profile), 2 Jul 2020 @ 5:02pm
Re: Non Legislative
Something something dancing baby case.
Something something the copyright office claims fair use only exists as a defense in court.
Something something the DMCA is flawed, but the law doesn't let platforms to think about it.. they have to act.
Then there is the Judge who ruled for RightsCorp et.al that accusations are enough to trigger the repeat infringer policy of private companies & if they don't do it just right they end up liable for a whole bunch of money.
Idiot got several DMCA complaints.
Idiot hit the threshold clearly spelled out in the rules, that no one ever reads & in the multiple times he needed to reread and agree to follow the rules before his account would be turned back on.
Idiot then did it again.
Oh its because they hate trump blah blah blah...
No, its because we have some of the most fscked up laws b/c the copyright cartel owns congress & gets stupid laws that never punish them when they screw up but impose insane draconian punishments for not doing the bidding of someone merely CLAIMING to be a copyright holder.
Political memes aren't special.
We don't need more carve-outs in the law unless they decide to define "repeat infringer" as adjudicated in a court (which the copyright office & the cartels do not want) so it would be like the rest of the legal system.
So many people are focused more on OMG THEY GOT TRUMP completely ignoring the 100,000,000 times this has happened to other people on the same grounds, somehow imagining it is worse for the god emperor than regular people.
That Anonymous Coward (profile), 2 Jul 2020 @ 6:55am
something something same thing over and over expecting different results...
something something same thing over and over expecting different results...
something something same thing over and over expecting different results...
something something same thing over and over expecting different results...
something something same thing over and over expecting different results...
That Anonymous Coward (profile), 2 Jul 2020 @ 6:09am
"Simon & Schuster’s intentional interference with that contract"
How can they interfere with a contract they were never a party to?
Because you got a contract for a home loan & I come visit you doesn't suddenly put me on the hook to repay the bank.
While she might have violated some clause in a contract, trying to hold a 3rd party to the terms of a contract they aren't a party to is a real reach.
But then the Trump Campaign is trying to hold people paid with public funds to an NDA with them... so yeah.
That Anonymous Coward (profile), 1 Jul 2020 @ 6:27am
Getting Copyright fixed isn't going to happen anytime soon, so the proper response is to amend the CA law.
Unless the material is put fully onto the website, no payments can or will be made the the provider.
You'd be shocked how quickly any copyright claims would be dropped.
The public is paying for these materials but not allowed access b/c 'terrorists' 'trade secrets' 'copyright'.
Do they think they are GA hiding the laws from the public?
That Anonymous Coward (profile), 30 Jun 2020 @ 12:28pm
Re: Hard cases ...
Everyone is the bad guy in someone elses story.
While I can understand the whole she is a bad person thing...
If we break the rules to "get" her, we're the ones who will lose.
"It would be a social good to have a public legal record somewhere of this woman's malignant and untrustworthy character, lest she try to abuse the legal system again."
My friend is a sex worker.
My freind is raped.
Because she is a sex worker she isn't entitled to be treated as anyone else should be after such a horrific act?
Justice works because even the assholes have rights & if you cheer for chipping away at their rights you might wanna look underneath the ground you are standing on... you're chipping away your rights too.
That Anonymous Coward (profile), 30 Jun 2020 @ 12:22pm
I admittedly skimmed... but my brain hit a hiccup.
She willingly gave the detective the phone for a forensic download.
Did they just lose that?
She provided an unencrypted (at a basic level) copy of her phone.
Because evidence gathered to pursue the person she made claims against lead to them discovering she was a bad actor does that magically reseal that image?
Did they just want to get new evidence?
I'm sorta lost here b/c a forensic image of a computer doesn't just get 1 part of the storage, it produces a full copy of the device as it was at the time it was imaged (including slack space). The image is kept frozen & devices are permitted read only access to it to make sure nothing is changed.
Surely it would be easier to compel unlocking if the original image contained bread crumbs supporting that she was the bad guy wouldn't it?
Why would a newer image reveal more, the events in question happened & she willingly gave them the phone to be used as evidence bolstering her claims.
Does she magically gain new rights to say oh that evidence I gave you, don't look in the folder that says 'Master Plan to Ruin Dudes Life'??
Not getting this... I like the idea forcing the production of the password for a fishing trip is wrong... but when they had in their possession a forensic image of the device they could have said what fish they were after...
That Anonymous Coward (profile), 30 Jun 2020 @ 12:03pm
Want to motivate Congress??
Tell their constituents the average speed & prices in those "third world shit holes" they mock.
I think MAGA is stupid, but its motivating people to come out in public & try to kill themselves & others... so lets abuse it for good.
How can American be great again when less developed nations, some in the middle of decades of civil war, have higher speeds & lower prices?
That Anonymous Coward (profile), 29 Jun 2020 @ 11:56am
"but left themselves the option to refile the charges in the future"
Which is 'justice speak' for don't even think about bringing suit against us for screwing your entire life up b/c we fscked up.
Well get QI, you'll get nothing, & we'll make sure you drive very very carefully for the rest of your days.
(Don't believe that last one?? NYPD beat people outside Stonewall on the anniversary... and you claim they don't carry grudges.)
That Anonymous Coward (profile), 29 Jun 2020 @ 8:33am
Re: Free Market FTW
They talk about it being a free market, but only for a handful of megacorps who often get to write the laws to make sure no one can challenge them.
But then they got a Judge to rule that 1 provider was competition, so the entire system is quite insane.
One of these times before they let Lucy hold the ball for us, we need to make them sign a contract with actual penalties if they yank the ball away at the last second.
That Anonymous Coward (profile), 23 Jun 2020 @ 8:34am
I'm still waiting for someone to admit this was parallel construction done after they had scooped all the data they could, located their perp then built an impressive trail showing how they found her without violating the civil rights of hundreds of people...
Tell me I wear a tinfoil hat but isn't this the same agency that managed to miss:
a white supremacist announcing he was going to shoot up the holocaust museum
the what was it 9(?) Saudi nationals training at the base where one, after 2 years of expressing jihad interests no less, he shot & killed people and his own iphone. Then they checked the other guys, found more jihadists in training and Child Porn quickly send them back to the kingdom
In a nation where 5(6?) black men were found hung & all ruled suicide with no investigation... somehow torching a cop car is a higher priority than human lives.
They haven't stopped a plot they didn't put into motion themselves in years, they haven't managed to investigate any of the horrific things that have happened to POC, they constantly bitch about the million locked phones.... yet they managed to miss the big fish who were price gouging only scaring a couple little guys into folding.
That Anonymous Coward (profile), 18 Jun 2020 @ 5:24pm
The greatest trick the DMCA ever pulled was making people think the platform screwed them & not some stupidly written law that is completely lopsided in its heavy handed approach to protect imaginary dollars being lost.
That Anonymous Coward (profile), 18 Jun 2020 @ 1:12am
Re: Re:
Hurm, I wasn't aiming for ironic I don;t think.
I am genuinely shocked that no one in the government has said anything about it.
I am so tired of the well we have decorum & thats not how we do things...
Fsck all of you in power...
We are dying because neither side has the courage to call Trump out on his bullshit.
Instead they talk around the issues & leave Trump to spin it how he sees fit.
His faithful are screaming how the ADA & HIPPA say you can't make me wear a mask b/c it infringes on my rights!!!
My body my choice!!! (which is TRULY TRULY IRONIC hearing from rabid pro-lifers who seem to have no problem with their choice maybe killing people).
You didn't speak out when he called it a hoax.
You didn't speak out when he said it would be over after 15 people had it.
You didn't speak out at 25K, 50K, 75K, 100K...
You've let him control the narrative and his faithful will kill themselves to prove themselves true believers....
I can only hope the Republicans who were sick or got sick keep showing up without masks to support that narrative that masks do nothing... perhaps the shock of seeing McConnell or Barr on a fscking vent might just might make the point this is real & y'all have made it worse.
They are playing games with 230 right now... when we should be having an investigation as to why states are faking their death numbers & moving to protect health care providers who did fsck all to protect the old & vulnerable... but no we're passing laws to protect them from families suing them into the ground b/c their loved one died b/c these assholes wanted to make a few bucks by letting the governor hide covid patients in care facilities with vulnerable people.
On the post: Richard Liebowitz's 'Client' Sends Judge A Letter Saying He Was Totally Unaware Of Multiple Lawsuits Filed In His Name
Wait until someone finally manages to get his books & compare what he told clients with checks he deposited.
Willing to bet there are several clients who are unaware that there are judgements against them, that settlements were paid to them, & entire cases happened without them ever being aware.
I mean if you look at the flurry of lawsuits between trolls & their clients you can see a pattern of people getting screwed out of money & having no idea what was happening in the cases.
Be it clients not being paid or firms not getting paid, it pretty much is an open secret that copyright trolling seems to draw in the worst of the worst... and I'd be happy if they were only feeding on each other, but they keep shaking people down based on imagination & evidence courts just don't understand but still somehow have faith that these lawyers would never ever ever lie to them... despite the huge number of benchslaps & questionable cases.
Now we have to deal with a court that reversed a ruling on the evidence Strike 3 uses isn't actually enough, not because they understood the tech but because they thought it was the lower court just being mean to them b/c they make porn & the thousands of cases they have filed & abandoned is not evidence they are just shaking people down.
o_O
On the post: Estate Of Sir Arthur Conan Doyle Alleges Copyright Infringement Over Sherlock's Emotional Awakening
JFC this is almost as amazing as all of the "remastered" albums the music industry is pumping out to try and extend those copyrights.
On the post: News Company's 'Digital Audience Director' Fails To Understand Embedding, Issues Bogus DMCA Takedown Notices
Re:
Ummm but that logic is much different than torrents.
A download creates a new copy of the information & that violates copyright.
The search engines have no requirement to deal with DMCA notices, but the cartels are willing to waste much time & effort in courts where it was just easier to give into the demands.
A DMCA notice is to be sent to the HOSTER of the information, search indexes don't host a damn thing. Google could tell them to fsck right off, but the ensuing legal battle would waste a bunch of money & Congress is stupid enough to expand the DMCA to keep getting invitations to events with the famous beautiful people.
I keep advocating for a small fine when someone does a bad DMCA notice, as most of them are sent by the lowest bidder hundreds of thousands at a time and until they threatened a lawsuit we could see the actual numbers of bad notices sent to Google, now Lumin is much less useful for showing how fscked up the system is. There was a company that was using procedurally generated web page names to just submit thousands of things that weren't actually on the site they targeted. If the rightsholder had to pay even a quarter for every flawed notice they would get much better at this.
The downside is the law gives them the right to force you off the internet on accusations alone (thanks idiot Judge) & when they screw up there isn't a damn thing we can do without a huge legal battle & you won't win enough to pay your lawyers let alone teach the idiot a lesson.
On the post: News Company's 'Digital Audience Director' Fails To Understand Embedding, Issues Bogus DMCA Takedown Notices
It was fun while it lasted...
I made up the ICP How does X work meme about the DMCA and mocked dude...
I hope he doubles down, I miss seeing stupid people getting what they deserve.
On the post: Researcher Buys Axon Cameras On eBay, Finds They're Still Filled With Recordings
One does wonder if there are some lawyers who would love to see if the raw video matches what they were provided during trials/hearings as the actual evidence.
On the post: Rather Than Attacking Section 230, Why Aren't Trump Supporters Angry About The DMCA That's Actually Causing Issues?
Re: Non Legislative
Something something dancing baby case.
Something something the copyright office claims fair use only exists as a defense in court.
Something something the DMCA is flawed, but the law doesn't let platforms to think about it.. they have to act.
Then there is the Judge who ruled for RightsCorp et.al that accusations are enough to trigger the repeat infringer policy of private companies & if they don't do it just right they end up liable for a whole bunch of money.
Idiot got several DMCA complaints.
Idiot hit the threshold clearly spelled out in the rules, that no one ever reads & in the multiple times he needed to reread and agree to follow the rules before his account would be turned back on.
Idiot then did it again.
Oh its because they hate trump blah blah blah...
No, its because we have some of the most fscked up laws b/c the copyright cartel owns congress & gets stupid laws that never punish them when they screw up but impose insane draconian punishments for not doing the bidding of someone merely CLAIMING to be a copyright holder.
Political memes aren't special.
We don't need more carve-outs in the law unless they decide to define "repeat infringer" as adjudicated in a court (which the copyright office & the cartels do not want) so it would be like the rest of the legal system.
So many people are focused more on OMG THEY GOT TRUMP completely ignoring the 100,000,000 times this has happened to other people on the same grounds, somehow imagining it is worse for the god emperor than regular people.
On the post: Rather Than Attacking Section 230, Why Aren't Trump Supporters Angry About The DMCA That's Actually Causing Issues?
'Merkia where if a corporation says you are guilty, you are guilty.
We don't punish people based on just allegations anywhere else in the law, but OMG copyright we need to murder them all!
On the post: YouTube Jacks Live TV Streaming Prices 30%, As Streaming Sector Starts To Resemble Good Old Cable
something something same thing over and over expecting different results...
something something same thing over and over expecting different results...
something something same thing over and over expecting different results...
something something same thing over and over expecting different results...
something something same thing over and over expecting different results...
On the post: NY Judge Apparently Unaware Of The Supreme Court's Ban On Prior Restraint: Puts Temporary Restraining Order On Trump's Niece's Book
"Simon & Schuster’s intentional interference with that contract"
How can they interfere with a contract they were never a party to?
Because you got a contract for a home loan & I come visit you doesn't suddenly put me on the hook to repay the bank.
While she might have violated some clause in a contract, trying to hold a 3rd party to the terms of a contract they aren't a party to is a real reach.
But then the Trump Campaign is trying to hold people paid with public funds to an NDA with them... so yeah.
On the post: Companies Issuing Bogus Copyright Claims To Hide Police Training Materials From The Public
Getting Copyright fixed isn't going to happen anytime soon, so the proper response is to amend the CA law.
Unless the material is put fully onto the website, no payments can or will be made the the provider.
You'd be shocked how quickly any copyright claims would be dropped.
The public is paying for these materials but not allowed access b/c 'terrorists' 'trade secrets' 'copyright'.
Do they think they are GA hiding the laws from the public?
On the post: Indiana Supreme Court Says Compelled Decryption Of Smartphones Violates The Fifth Amendment
Re: Re:
So they destroyed evidence in a current investigation??
On the post: Indiana Supreme Court Says Compelled Decryption Of Smartphones Violates The Fifth Amendment
Re: Hard cases ...
Everyone is the bad guy in someone elses story.
While I can understand the whole she is a bad person thing...
If we break the rules to "get" her, we're the ones who will lose.
"It would be a social good to have a public legal record somewhere of this woman's malignant and untrustworthy character, lest she try to abuse the legal system again."
My friend is a sex worker.
My freind is raped.
Because she is a sex worker she isn't entitled to be treated as anyone else should be after such a horrific act?
Justice works because even the assholes have rights & if you cheer for chipping away at their rights you might wanna look underneath the ground you are standing on... you're chipping away your rights too.
On the post: Indiana Supreme Court Says Compelled Decryption Of Smartphones Violates The Fifth Amendment
I admittedly skimmed... but my brain hit a hiccup.
She willingly gave the detective the phone for a forensic download.
Did they just lose that?
She provided an unencrypted (at a basic level) copy of her phone.
Because evidence gathered to pursue the person she made claims against lead to them discovering she was a bad actor does that magically reseal that image?
Did they just want to get new evidence?
I'm sorta lost here b/c a forensic image of a computer doesn't just get 1 part of the storage, it produces a full copy of the device as it was at the time it was imaged (including slack space). The image is kept frozen & devices are permitted read only access to it to make sure nothing is changed.
Surely it would be easier to compel unlocking if the original image contained bread crumbs supporting that she was the bad guy wouldn't it?
Why would a newer image reveal more, the events in question happened & she willingly gave them the phone to be used as evidence bolstering her claims.
Does she magically gain new rights to say oh that evidence I gave you, don't look in the folder that says 'Master Plan to Ruin Dudes Life'??
Not getting this... I like the idea forcing the production of the password for a fishing trip is wrong... but when they had in their possession a forensic image of the device they could have said what fish they were after...
My head hurts.
On the post: New Bill Would Kill State Laws Blocking Broadband Competition
Want to motivate Congress??
Tell their constituents the average speed & prices in those "third world shit holes" they mock.
I think MAGA is stupid, but its motivating people to come out in public & try to kill themselves & others... so lets abuse it for good.
How can American be great again when less developed nations, some in the middle of decades of civil war, have higher speeds & lower prices?
On the post: Facial Recognition Software Finally Gets Around To Getting An Innocent Person Arrested
"but left themselves the option to refile the charges in the future"
Which is 'justice speak' for don't even think about bringing suit against us for screwing your entire life up b/c we fscked up.
Well get QI, you'll get nothing, & we'll make sure you drive very very carefully for the rest of your days.
(Don't believe that last one?? NYPD beat people outside Stonewall on the anniversary... and you claim they don't carry grudges.)
On the post: AT&T Ditches $15 TV Service It Used As Regulator Bait To Seal Time Warner Merger
Re: Free Market FTW
They talk about it being a free market, but only for a handful of megacorps who often get to write the laws to make sure no one can challenge them.
But then they got a Judge to rule that 1 provider was competition, so the entire system is quite insane.
One of these times before they let Lucy hold the ball for us, we need to make them sign a contract with actual penalties if they yank the ball away at the last second.
On the post: So Much For Going Dark: FBI Using Social Media, E-Commerce Sites To Track Down Suspects (Including Non-Lawbreakers)
I'm still waiting for someone to admit this was parallel construction done after they had scooped all the data they could, located their perp then built an impressive trail showing how they found her without violating the civil rights of hundreds of people...
Tell me I wear a tinfoil hat but isn't this the same agency that managed to miss:
a white supremacist announcing he was going to shoot up the holocaust museum
the what was it 9(?) Saudi nationals training at the base where one, after 2 years of expressing jihad interests no less, he shot & killed people and his own iphone. Then they checked the other guys, found more jihadists in training and Child Porn quickly send them back to the kingdom
In a nation where 5(6?) black men were found hung & all ruled suicide with no investigation... somehow torching a cop car is a higher priority than human lives.
They haven't stopped a plot they didn't put into motion themselves in years, they haven't managed to investigate any of the horrific things that have happened to POC, they constantly bitch about the million locked phones.... yet they managed to miss the big fish who were price gouging only scaring a couple little guys into folding.
On the post: Appeals Court Says California's IMDb-Targeting 'Ageism' Law Is Unconstitutional
Ahh yes Junie's Law...
To make sure women of a certain age will still be cast as checks notes Ghetto Girl Three....
On the post: Copyright Gets In The Way Of Chef Andres' 'Recipes For The People'; Because The DMCA Takedown System Is Still Broken
The greatest trick the DMCA ever pulled was making people think the platform screwed them & not some stupidly written law that is completely lopsided in its heavy handed approach to protect imaginary dollars being lost.
On the post: Justice Department Releases Its Own Preposterous Recommendations On Updating Section 230
Re: Re:
Hurm, I wasn't aiming for ironic I don;t think.
I am genuinely shocked that no one in the government has said anything about it.
I am so tired of the well we have decorum & thats not how we do things...
Fsck all of you in power...
We are dying because neither side has the courage to call Trump out on his bullshit.
Instead they talk around the issues & leave Trump to spin it how he sees fit.
His faithful are screaming how the ADA & HIPPA say you can't make me wear a mask b/c it infringes on my rights!!!
My body my choice!!! (which is TRULY TRULY IRONIC hearing from rabid pro-lifers who seem to have no problem with their choice maybe killing people).
You didn't speak out when he called it a hoax.
You didn't speak out when he said it would be over after 15 people had it.
You didn't speak out at 25K, 50K, 75K, 100K...
You've let him control the narrative and his faithful will kill themselves to prove themselves true believers....
I can only hope the Republicans who were sick or got sick keep showing up without masks to support that narrative that masks do nothing... perhaps the shock of seeing McConnell or Barr on a fscking vent might just might make the point this is real & y'all have made it worse.
They are playing games with 230 right now... when we should be having an investigation as to why states are faking their death numbers & moving to protect health care providers who did fsck all to protect the old & vulnerable... but no we're passing laws to protect them from families suing them into the ground b/c their loved one died b/c these assholes wanted to make a few bucks by letting the governor hide covid patients in care facilities with vulnerable people.
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