Re: Re: Re: Re: Will this contersuit open up discovery again?
I would think that none of it violates the DMCA. Use of the tool may not be an official takedown notice depending how an official notice is defined by the DMCA itself. WB put itself in a dubious position by asking for a tool in the first place instead of official notices. Any lawsuit by Hotfile for abuse of it's provided software would be outside of the scope of the DMCA.
That's not what I read at all. WB had full opportunity inform Hotfile of any infringing material and did not. So, how is Hotfile supposed to magically know the status of the content? Hotfile's argument is why should we do anything if WB isn't willing to? If there's something copyrighted and the owner allows it, no law has been broken. That's licensing for $0. Promoters license for $0 all the time.
Seriously though, I don't understand why the don't image off the drive and give the unit back. They'll have a copy to examine at their leisure. {A-holes!}
I like this comment a lot! It points out the futility of security theater. Put it in the mail, one lead encased dirty bomb in a freight container, one bomb vest detonated at a TSA inspection point, and on, and on...
Re: Re: Physical searches make sense if your already spying...
The government mentality is to collect the data as it believes any encryption can eventually be broken. However, encryption is off the point. The government is doing the border searches as a data collection point[possibly the last], encryption or no.
Physical searches make sense if your already spying...
"If you wanted the content of your laptop to go over the border you'd just send it using the internet."
At which point, the NSA has it.
I know this isn't the point of this particular topic, but Mike keeps rolling out the 'this makes no sense' argument. With the NSA tapping the cables, physical searches make sense (to the feds, at least).
I agree with [the surprisingly coherent] One. a staffer screwed up. I suspect that most of Congress is ignoring the backlash. The bill has already been paid for after all.
"I've never run up against it because I don't have javascript enabled, and the whole system is javascript based."
Now I understand why Mike doesn't care that Techdirt is bogged down with so much Java script. He never sees it. This site loads a lot faster with Java off.
I agree with you. We have the option to return physical goods, why not digital? If we had a return option, makers would put more effort into making a good, and useful/entertaining product.
The American government has yet to figure out what the terrorists already know. Terrorism is an economic war. For every $1.25 stick of dynamite a terrorist shoves in their pants, the TSA spends 100 million.
In business, if you could spend $100 to make your competitor think they need to spend $100,000, you'd do it. It's called a sustainable competitive advantage.
Terrorists don't need to get past TSA checkpoints anymore. The TSA has already spent that money. Now, they'll bomb the transit choke points. Then the DHS will spend more in securing those. And the cycle goes on until the terrorists win.
Someone in the capital might figure this out before it's too late.
It's not a competition with free, it's a competition with convenience. Netflix is a good example. It's not free, nor a flawless service with a great selection, but it is convenient as hell.
Being free adds to the convenience factor by eliminating the mental transaction cost, but a reasonably priced flat rate plan does that as well.
If you look at this from the other direction, scaling back this verdict is incentive to not fix what's broken. Consider this:
If the verdict and the amount were allowed to stand, companies would eventually get the clue that patient laws that allow such big awards, are as much of a liability as an asset.
As soon as the percentage of payouts vs. total revenue gets large enough for large companies, they will lobby for lower awards which in turn will make filing the lawsuits less lucrative in the first place, turning the focus to innovation.
If you truly wish reform of a broken system, the best thing to do is to allow it to perform broken. The influential players will eventually get fed up and reform it.
I'm beginning to wonder why the secret hold isn't being used elsewhere if it's so easy to do. I mean there's a lot of issues the two parties are diametrically opposed. Why not just halt any bill on those issues? There's got to be more to this.
On the post: Hotfile Responds To Lawsuit Filed By Studios, Countersues Warner Bros. For Copyright Misuse
Re: Re: Re: Re: Will this contersuit open up discovery again?
On the post: Hotfile Responds To Lawsuit Filed By Studios, Countersues Warner Bros. For Copyright Misuse
Re:
On the post: Feds Say They Can Search Bradley Manning's Friend's Laptop Because They Can
Re: Re: Rules
On the post: Feds Say They Can Search Bradley Manning's Friend's Laptop Because They Can
Re: Rules
On the post: Feds Say They Can Search Bradley Manning's Friend's Laptop Because They Can
Re:
On the post: Feds Say They Can Search Bradley Manning's Friend's Laptop Because They Can
Re: Re: Physical searches make sense if your already spying...
On the post: Feds Say They Can Search Bradley Manning's Friend's Laptop Because They Can
Physical searches make sense if your already spying...
At which point, the NSA has it.
I know this isn't the point of this particular topic, but Mike keeps rolling out the 'this makes no sense' argument. With the NSA tapping the cables, physical searches make sense (to the feds, at least).
On the post: Shouldn't Users Have Been At The Table For The Six Strikes Negotiations?
Make the content providers pay the $35
On the post: Rep. Anna Eshoo (From Silicon Valley!) Thinks PROTECT IP Is About Immigration?
Re: I believe
On the post: Senator Jerry Moran Removes Himself As A PROTECT IP Co-Sponsor
Just mailed Durbin...
On the post: Does A 27-Second Video Showing How To 'Hack' The NYT Paywall Violate The DMCA?
Techdirt java bloat
Now I understand why Mike doesn't care that Techdirt is bogged down with so much Java script. He never sees it. This site loads a lot faster with Java off.
On the post: Taipei Orders Google & Apple To Offer 7-Day Free Trials Of All Apps Offered Via App Markets
Re: Brick and mortar
On the post: Do These Boots Look Like Marlon Brando? His Estate Seems To Think So
Rights to last name use
On the post: Settling Lawsuits Sometimes Makes Sense. Period.
Just a cost of doing business
On the post: Homeland Security Doesn't Do Cost/Benefit Analysis; They Just Do Fear And Bluster
Terrorism is an economic war
In business, if you could spend $100 to make your competitor think they need to spend $100,000, you'd do it. It's called a sustainable competitive advantage.
Terrorists don't need to get past TSA checkpoints anymore. The TSA has already spent that money. Now, they'll bomb the transit choke points. Then the DHS will spend more in securing those. And the cycle goes on until the terrorists win.
Someone in the capital might figure this out before it's too late.
On the post: Google Follows Amazon's Lead: Launching Music Locker, But Ignoring RIAA Demands For Licenses
Re: Re:
Being free adds to the convenience factor by eliminating the mental transaction cost, but a reasonably priced flat rate plan does that as well.
On the post: Sony Admits That Playstation Hacker Got Tons Of Info, Including Passwords
Sony has a game console?!
On the post: Judge Reverses Ridiculous $625 Million Patent Award Against Apple Over Cover Flow, Spotlight & Time Machine
This werdict perpetuates a bad system
If the verdict and the amount were allowed to stand, companies would eventually get the clue that patient laws that allow such big awards, are as much of a liability as an asset.
As soon as the percentage of payouts vs. total revenue gets large enough for large companies, they will lobby for lower awards which in turn will make filing the lawsuits less lucrative in the first place, turning the focus to innovation.
If you truly wish reform of a broken system, the best thing to do is to allow it to perform broken. The influential players will eventually get fed up and reform it.
On the post: In The End, Secret Hold On Whistleblower Protection Narrowed Down To Two Senators
Why isn't it used elsewhere?
On the post: Maybe Super Cheap Video Games Are Helping, Not Destroying, The Video Game Industry
Re: Coincidence or magic?
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