The problem is not only statutory damages. Actual damages presumes all dfendant's revenues are the result of infringement. The plaintiff is only required to provide evidence of defendant's gross revenues. The defendant then has the burden of proving profits that are unrelated and expenses that should be used as offsets.
Complete reality disconnect and one of the only areas in which the defendant has virtually the entire burden of proof.
The problem is not only statutory damages. Actual damages presumes all dfendant's revenues are the result of infringement. The plaintiff is only required to provide evidence of defendant's gross revenues. The defendant then has the burden of proving profits that are unrelated and expenses that should be used as offsets.
Complete reality disconnect and one of the only areas in which the defendant has virtually the entire burden of proof.
1. I understand the FBI can complete a work-around by isolating the chip and using brute force without any assistance from Apple.
2. Going out on a limb here and I'm not an encryption wiz. However, why does encryption need to be developed on a 1-size-fits-all basis? Why can't the underlying code be set so that it achieves a different result for each phone? sort of like a PGP approach. Admittedly difficult and expensive but that would remove Apple from the issue.
I'm sure many of you can let me know how silly that idea is?
The domain is an "IO" extension and the database is likely not in the US. There is a serious question as to the application of the injunction outside of the US. SHE COULD EASILY AVOID US infringement by blocking US IP address access.
All the plaintiff has done is ensure publicity for the site.
I am not familiar with the terms applied to subscribers whose credentials she is apparently using. Can you address those?
Hummm, PAC asserts privacy rights of candidate......hummmm. Proves the PAC is neither independent nor very good at its job....promoting the candidate..... hummmm
I love that you offer these deals. HOWEVER part of me simply presumes that the service is actuall offered by the NSA as test another way to scrape private data.
I suggest you also offer your own assssmment of the credibility of the offer and the lack of at least an obvious backing of some nefarious governmental agency. Obviously without guaranty. But it sure would make me mormcmfortable knowing that Mike would use the service.
At Buckinghamshire County Council, workers last year spent 11,276 hours handling more than 1,700 requests, costing the taxpayers more than $400,000. The leader of the council, Martin Tett, complained of the cost in “times of austerity.”
“This is money we could be spending on other vital services, like children’s services or care for the elderly,” he said.
More likely guns n Ammo.
Why not just have the GCQ or such other "secret" entity simpely turn their informational vacuum hose on the public servants. There would be no shortage of information readily available. Instead they vacuum up what is outside teh government and the complain about having to produce information to the public that provides the "spending money" and votes to keep them in office.
you’re in the privacy of your own car with your partner" ....
Hummm so if you are in a car AND you are a policeman you are in a "private" area not to be filmed (even indirectly) BUT....if you are Joe Public and you are in your car you are in ...... "public"???????
what you missed Is that AEDA Is the COLLECTIONS AGENCY that was to received ALL the money. So what they wanted was (1) require Google (and other consolidation services) to pay AEDA, AND (2) prevent any content supplier from giving it away (so AEDA would have an assured revenue stream. NOW, when faced with shut-downs, (3) ask for a law preventing the consolidators from closing.
They want to force Google to stay in business so Google will be forced to pay them. Talk about a twisted sense of entitlement!!!!
"Our foreign partners are telling us this will cause violence and deaths. . . . Foreign leaders have approached the government and said, 'You do this, this will cause violence and deaths.' Our own intelligence community has assessed that this will cause violence and deaths."
There is no shortage of US foreign policy actions and inactions in the region to inflame enemies.
WHERE were the brains when the underlying actions were hatched?
In other words, it is not what you did but telling your parents about it that causes the problems? On what planet did these people get their education?
How long will it take for some techie to create a dongle which intercepts the "smarts" of the TV and transmits substituted garbage back to the manufacturer......?
There is no way for a company to sustain the cost of having a highly qualified attorney "on-call" 24/7. And even if they could these types of things quickly snow-ball out of control making it impossible for anything but a small army of attorneys to deal with it.
An example happened in Texas when an individual defendant was accused of firing too many attorneys and not paying them. The result was imposition of a personal receivership in which all assets were seized (including retirement plans). The claims by the attorneys that they were not paid was never resolved and remains pending. Meanwhile the receiver burned through the man's assets reportedly charging over $5 million in legal fees. See:http://www.thedomains.com/2012/12/24/appeals-court-overturns-bankruptcy-sale-of-baronondova-doma ins-axes-the-receivership/
Good thing I sold those Apple shares at $20 awhile back. Now I can go collect a royalty on the subsequent gain without having put my capital at risk....
Any government employee who is found to be willfully obstructing justice or willfully violating the constitutional rights of a citizen should be banned from working in the public sector ever again.
If enacted such a law there would soon be no one left to enforce it.......
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Copyright damages are a disaster
Complete reality disconnect and one of the only areas in which the defendant has virtually the entire burden of proof.
On the post: Priceline Throws A Fit And Sues USPTO For Not Granting Them Booking.com Trademark
The Real Grab
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Copyright damages are a disaster
Complete reality disconnect and one of the only areas in which the defendant has virtually the entire burden of proof.
On the post: John Oliver Explains Why You Should Side With Apple Over The FBI Better Than Most Journalists
Who says incription must be mass produced?
1. I understand the FBI can complete a work-around by isolating the chip and using brute force without any assistance from Apple.
2. Going out on a limb here and I'm not an encryption wiz. However, why does encryption need to be developed on a 1-size-fits-all basis? Why can't the underlying code be set so that it achieves a different result for each phone? sort of like a PGP approach. Admittedly difficult and expensive but that would remove Apple from the issue.
I'm sure many of you can let me know how silly that idea is?
On the post: Daily Deal: Cafflano Coffeemaker And Cup
Worthless injunction
All the plaintiff has done is ensure publicity for the site.
I am not familiar with the terms applied to subscribers whose credentials she is apparently using. Can you address those?
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Saddest Thing about Bowie's Death
On the post: Ben Carson's Lawyer Threatens CafePress Because Ben Carson Supporters Are Creating T-Shirts Supporting Carson
Privacy for a PAC
On the post: Daily Deal: Dripbit Online Backup Lifetime Subscription
Another NSA front??
I suggest you also offer your own assssmment of the credibility of the offer and the lack of at least an obvious backing of some nefarious governmental agency. Obviously without guaranty. But it sure would make me mormcmfortable knowing that Mike would use the service.
Paul KEATING
On the post: UK Government Belated FOI Transparency Lamented By The Man Who Pushed For It, 'Cash-Strapped' Agencies
Informational Vacuum Hoses
“This is money we could be spending on other vital services, like children’s services or care for the elderly,” he said.
More likely guns n Ammo.
Why not just have the GCQ or such other "secret" entity simpely turn their informational vacuum hose on the public servants. There would be no shortage of information readily available. Instead they vacuum up what is outside teh government and the complain about having to produce information to the public that provides the "spending money" and votes to keep them in office.
On the post: Rightscorp Discovering That Harassing Broadband Users Isn't The Cash Cow It Thought It Would Be
Fund Raiser!! Kickstarter
Everyone buy shares and either participate in the annual meeting or enter into a proxy/voting agreement to take control.
On the post: Proposed Florida Body Camera Law Riddled With Exceptions At Behest Of Police Union
Sliding Scale of Privacy........
Hummm so if you are in a car AND you are a policeman you are in a "private" area not to be filmed (even indirectly) BUT....if you are Joe Public and you are in your car you are in ...... "public"???????
On the post: Surprise: Spanish Newspapers Beg Government And EU To Stop Google News Shutting Down
AEDA is a collections agency
They want to force Google to stay in business so Google will be forced to pay them. Talk about a twisted sense of entitlement!!!!
On the post: Rogers, Hayden Claim Release Of CIA Torture Report Will Be The Tipping Point For Enemies Of The US
What planet do they live on????
"Our foreign partners are telling us this will cause violence and deaths. . . . Foreign leaders have approached the government and said, 'You do this, this will cause violence and deaths.' Our own intelligence community has assessed that this will cause violence and deaths."
There is no shortage of US foreign policy actions and inactions in the region to inflame enemies.
WHERE were the brains when the underlying actions were hatched?
In other words, it is not what you did but telling your parents about it that causes the problems? On what planet did these people get their education?
On the post: Harry Reid Wants To Attach Part Of SOPA To Surveillance Reform Bill
Randaza ows UFC ????
On the post: A Dystopian Future Of Ads That Won't Stop Until You Say 'McDonald's' Could Be Avoided With More Transparency
Making the Smart TV Dumb Again
On the post: FCC Comment Page Buckles To Its Knees After John Oliver Asks Everyone To Comment
ViaCom to the rescue!
On the post: Europe On The Verge Of Destroying Online Comments And Free Speech
damned if you do - damned if you dont
You can avoid the NSA by having everything in Europe...........but then are liable for what some *&%$ dirtbag said gratuitously about the NSA.
On the post: Ladar Levison Explains How The US Legal System Was Stacked Against Lavabit
Judicial "Authority"
An example happened in Texas when an individual defendant was accused of firing too many attorneys and not paying them. The result was imposition of a personal receivership in which all assets were seized (including retirement plans). The claims by the attorneys that they were not paid was never resolved and remains pending. Meanwhile the receiver burned through the man's assets reportedly charging over $5 million in legal fees. See:http://www.thedomains.com/2012/12/24/appeals-court-overturns-bankruptcy-sale-of-baronondova-doma ins-axes-the-receivership/
On the post: US Copyright Office Supports Artists Getting Paid Multiple Times For Same Work, Harming New Artists To Benefit Established Ones
How to Make Millions From Your Mistakes
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
empty offices
If enacted such a law there would soon be no one left to enforce it.......
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