You can't really compare this situation to Lenz v. Universal because Lenz v. Universal requires a consideration of fair use before a DMCA notice is issued. That doesn't mean you HAVE to get it right, because, as AC points out, the fair use MUST be tried by a court. There is literally no penalty for considering fair use and getting it horribly wrong.
It's like new math. You get partial credit for showing your work.
There's good and bad, and much of what you've said is correct, but the problem comes near the end. If Watchtower sues him as a Doe, that's great, it worked correctly. The reason for the ruling is to make sure Watchtower can protect whatever copyright they have. The judge was unwilling to kill the case before it had ever been filed.
The real problem here is not with the ruling, but with the question of what happens of the order is NOT obeyed. The council for Watchtower is a member of their religion; so he might view releasing the information in opposition to the order as imperative to preserve the status of his immortal soul. There's no penalty the court can issue that beats that. That's the real problem with this ruling. Ultimately that only applies to religions as plaintiffs, of course. I wouldn't have an issue with the ruling if the plaintiff was Nike.
Re: Three Strikes You're Out -- Unlimited Screw Ups, I'm still I
The problem is Youtube is not the one who adjudicates the law. Youtube doesn't even have standing to sue those filing these unlawful takedowns. Only the person who's content was removed does.
I doubt enforcement as a choice is an option, it going to be up to individual nations to decide if a contract for a license fee different from the statutory fee is permissible.
Nations that permit licenses for non-statutory fees, google's just going to send a contract to every news agency, they will all sign it, and google will be the only news aggregater.
Nations that do not permit licences for amounts other then the statutory amount will just have all their media de-indexed by google. Google has done this before when Spain tried this.
The clothing maker has never been using that trademark for beer; It only started making a beer 3 years ago (under a different trademark). How you're proposing InBev knew in 2012 that a highly niche clothing manufacturer (I had never heard of them until this broke) was going to start making beer in 2016 is beyond me.
Re: Re: Every time they bring up the # cops killed in the US
While true, that the data is only partially useful applies to both sides. Frankly how many of the LEO deaths were officers "serving" "no-knock warrants?"
Frankly, if I were on a jury for a murder trial for someone who shot an LEO "serving" a "no-knock warrant" I would vote not-guilty by self-defence.
The thing is, I don't trust the CIA. I don't trust the people who work for the CIA. I don't trust the motives of the CIA nor the motives of the people who work for them.
Let me remind everyone, this is the same agency that thought their mandate would be best fulfilled by dosing unsuspecting US populations with LSD. Because, yes, THAT's in the best interests of americans.
Frankly, I'm okay with that. I stopped caring about what motivates others to do what I want long ago. I'll pander to whatever motivation achieves my goal.
Simple solution for Google: "We delist you unless you sign this contract giving us the right to use your headline and a short blurb from every article you post"
Actually, now that I'm thinking about that, Google's name should be the first behind this because it creates such an insane barrier to entry noone would ever be able to compete with them.
The president is required to sign or veto within 10 days.
Even if Obama did veto it, it passed the senate by unanimous consent, and the house by a voice-vote. It seems to me that means it's largely popular, probably popular enough to get 2/3 in both.
They are buying up local providers. They can easily do this without problems because they ARE the incumbent provider.
Now, the reality is we'll see what happens. I've seen these kind of promises come and go, with nothing to show. That said, if they are competent and really going to do this, can a suggest Altice acquire Mediacom or Frontier?
On the post: St. Louis County Pays Woman $750,000 After Cops Perform A No-Knock Raid, Kill Her Dog... All Over Unpaid Utility Bills
Re: New SWAT uniforms
I was thinking orange jump-suits, myself.
On the post: St. Louis County Pays Woman $750,000 After Cops Perform A No-Knock Raid, Kill Her Dog... All Over Unpaid Utility Bills
Re: Re:
In fairness, the cop didn't lie to the judge. The judge just issued an administrative warrant, which is fairly reasonable.
The problem arose when the cop decided to enforce it with a no-knock entry, which is COMPLETELY unreasonable, and not permitted by the warrant.
On the post: Josh Hawley Wants To Appoint Himself Product Manager For The Internet
Re:
No. Even if it did, it wouldn't pass the 1A sniff-test.
On the post: Federal Court Issues A Very Good Very Bad Decision Where Copyright And Free Speech Meet
Re: Re:
You can't really compare this situation to Lenz v. Universal because Lenz v. Universal requires a consideration of fair use before a DMCA notice is issued. That doesn't mean you HAVE to get it right, because, as AC points out, the fair use MUST be tried by a court. There is literally no penalty for considering fair use and getting it horribly wrong.
It's like new math. You get partial credit for showing your work.
On the post: Federal Court Issues A Very Good Very Bad Decision Where Copyright And Free Speech Meet
You've missed the forest for the trees here
There's good and bad, and much of what you've said is correct, but the problem comes near the end. If Watchtower sues him as a Doe, that's great, it worked correctly. The reason for the ruling is to make sure Watchtower can protect whatever copyright they have. The judge was unwilling to kill the case before it had ever been filed.
The real problem here is not with the ruling, but with the question of what happens of the order is NOT obeyed. The council for Watchtower is a member of their religion; so he might view releasing the information in opposition to the order as imperative to preserve the status of his immortal soul. There's no penalty the court can issue that beats that. That's the real problem with this ruling. Ultimately that only applies to religions as plaintiffs, of course. I wouldn't have an issue with the ruling if the plaintiff was Nike.
On the post: GDPR Concerns Temporarily Result In The Removal Of Trash Cans From Ireland Post Office
Re: Re:
Because, that's what the GDPR is designed to to: make sure if customers give you data, that you handle it properly.
On the post: It's One Thing For Trolls And Grandstanding Politicians To Get CDA 230 Wrong, But The Press Shouldn't Help Them
I object to "Encourage"
It seems to me it doesn't encourage moderation, so much avoid discouraging it. That's not exactly the same thing.
On the post: City Of Marathon Hand-Waves Stupid Cease And Desist Sent By Councilman Over City Seal
Re: Can he even send a C&D?
A C&D isn't a order, it's a letter. It has no legal significance, so yes, he can send letters that say all kind of crazy things.
The general response to such letters is a KGFY (Kindly go f- yourself) letter sent in reply.
On the post: Emilio Estevez Uses Some Public Domain Footage In Film, So Universal Studios Forces Original Public Domain Footage Offline
Re: Three Strikes You're Out -- Unlimited Screw Ups, I'm still I
The problem is Youtube is not the one who adjudicates the law. Youtube doesn't even have standing to sue those filing these unlawful takedowns. Only the person who's content was removed does.
On the post: Could Article 13's Upload Filters Be Thrown Out Because Of The EU-Canada Trade Deal CETA?
Re: Anyone get the idea..
I doubt enforcement as a choice is an option, it going to be up to individual nations to decide if a contract for a license fee different from the statutory fee is permissible.
Nations that permit licenses for non-statutory fees, google's just going to send a contract to every news agency, they will all sign it, and google will be the only news aggregater.
Nations that do not permit licences for amounts other then the statutory amount will just have all their media de-indexed by google. Google has done this before when Spain tried this.
On the post: Starz Really, Really Doesn't Want You To Know That TorrentFreak Wrote About Leaked Shows, Or That Anyone Tweeted About It
The EFF!?
If there's one group that will go to trial over this, it's the EFF. I mean that's kinda their thing.
That's like trying to gut-punch a bear that's high or cocaine. Let me get my popcorn, this is gonna be fun!
On the post: AB/InBev, Jealous Protectors Of Trademark, Pretty Blatantly Committing Trademark Infringement
Trademarks are by product type
The clothing maker has never been using that trademark for beer; It only started making a beer 3 years ago (under a different trademark). How you're proposing InBev knew in 2012 that a highly niche clothing manufacturer (I had never heard of them until this broke) was going to start making beer in 2016 is beyond me.
On the post: Strike 3's Lawyer Sanctioned By Court, Excuses His Actions By Claiming He Can't Make Technology Work
I have a reason he shouldn't be fined
Because the punishment should be to just toss the cases out.
On the post: Congressman Appoints Himself Censor, Removes Painting Critical Of Cops From Congressional Halls
Re: Re: Every time they bring up the # cops killed in the US
Frankly, if I were on a jury for a murder trial for someone who shot an LEO "serving" a "no-knock warrant" I would vote not-guilty by self-defence.
On the post: What The US Intelligence 'Russia Hacked Our Election' Report Could Have Said... But Didn't
The CIA
Let me remind everyone, this is the same agency that thought their mandate would be best fulfilled by dosing unsuspecting US populations with LSD. Because, yes, THAT's in the best interests of americans.
On the post: If You're Worried About What President Trump Can Do To The Press, Blame President Obama
Re: "Don't blame me, he did it first!"
On the post: Altice Promises Massive New Fiber Network, Again Proving Net Neutrality Didn't Stifle Broadband Investment
Re: Altice reasoning
On the post: Short Sighted Newspaper Association Asks Trump To Whittle Down Fair Use, Because It Hates Google
Actually, now that I'm thinking about that, Google's name should be the first behind this because it creates such an insane barrier to entry noone would ever be able to compete with them.
On the post: Law Passed To Protect Customers From Non-Disparagement Clauses And Other Ridiculous Restrictions
Re:
Even if Obama did veto it, it passed the senate by unanimous consent, and the house by a voice-vote. It seems to me that means it's largely popular, probably popular enough to get 2/3 in both.
On the post: Altice Promises Massive New Fiber Network, Again Proving Net Neutrality Didn't Stifle Broadband Investment
Read the article not the headline
Now, the reality is we'll see what happens. I've seen these kind of promises come and go, with nothing to show. That said, if they are competent and really going to do this, can a suggest Altice acquire Mediacom or Frontier?
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