Because their employment agreement includes a clause saying anything they invent is the property of their employer and that they'll execute any documents necessary for their employer to exploit those inventions for profit.
I've monitored it before, and the ISP's numbers were always really inaccurate regardless of which ISP it was. The problem was usually that the ISP counted everything in or out of the cable modem's upstream (HFC) interface, which included a lot of traffic that wasn't mine or wasn't customer traffic.
It's not hard to configure any router that does DD-WRT or OpenWRT to give you a detailed breakdown of traffic. The hard part was always setting up the filter chains to count the right traffic for what you wanted to monitor, and a lot of that was because I wanted to monitor more than just gross traffic for various protocols.
Except that in the eyes of the oppressive regime, the person fighting for freedom against them is a terrorist, and once they've decided that it's easy for them to portray said "terrorist" as attacking civilians and attempting to instill terror. We've seem police in the US doing it on a regular basis to justify their violent treatment of any gathering of people they don't like. We witnessed Trump trying to do it with Charlottesville. It isn't a matter of whether it's a bright line or not but of where exactly that line is painted, and in cases like this that often depends heavily on which side is pointing at it.
No, impeachment isn't the sole way to remove judges from office. They hold tenure only on "good behavior", and the only rule is that there has to be a judicial proceeding with the opportunity for the accused judge to confront his accusers and refute the evidence against him before he can be removed for violating the terms of his tenure. SCOTUS or the CAFC or even the Federal judiciary itself could find that deliberately ignoring and willfully failing to abide by the law as laid down by the Supreme Court constitutes a violation of "good behavior" and proceed to try, convict if proven and remove Judge Gilstrap from office (subject of course to his appeal of the judgement to SCOTUS, I'm sure that'd be highly amusing to observe).
The independence of Federal judges isn't absolute nor unlimited (see http://www.yalelawjournal.org/forum/removing-federal-judges-without-impeachment for the arguments). Congress and the executive branch can call judges to account for criminal actions, and the judicial branch itself can call judges to account for misbehavior that doesn't necessarily reach the level of criminal (independence is of the judicial branch from the legislative and executive branches, not of individual judges from the judicial branch).
I think the dodge may backfire on them. While Allergan may have sold the patent to the tribe, they didn't do anything that made the patent not be issued by the US PTO. The challenge to the patent would still be being made with the US PTO, under US law and in US courts where it's the US government and not the tribal government that's sovereign. So now it'll be the tribe having to defend the patent without any expertise in the matter, and the PTAB may refuse to allow Allergan to intervene and help the tribe since they're no longer a party to the review.
You mean guys don't like to look at Ming-Na Wen? Or Halle Berry? Or Salma Hayek? Or Charlize Theron? Or a host of others? If you believe that, I've got a bridge in Brooklyn you might be interested in...
Right now such a data breach wouldn't be damaging at all... for the company collecting the data, anyway, since it's all but impossible for the consumers who do suffer the damage to hold the companies liable.
I suspect the editing claim here's similar to one made by a Federal agent trying to run a sting on Backpage: when an ad using language that suggested the person being advertised was underage and/or involved in prostitution was submitted, BP refused to accept it and the poster had to edit it until all such suggestion was removed. This was presented as equivalent to BP editing the posting themselves, which of course it isn't.
The problem isn't the IP address, it's the near-complete lack of evidence that the IP address was involved in infringement at all. If a plaintiff wants to file a John Doe case, they should be barred from going any further than filing until they've shown their evidence to a judge with the standard being evidence that could survive a reasonable motion for summary judgment. If all the plaintiff has is a list of URLs, the case dies because there's no evidence in the record that those URLs contain copyrighted content or that if they do the plaintiff owns the copyrights. Each URL should be accompanied by a statement of exactly what content that URL contains, a detailed description of how the content was confirmed to be what was claimed, and a statement of who created the work and when and (if the author isn't the plaintiff) a complete chain of copyright transfers terminating with the plaintiff. If they're just an agent for the copyright holder, the case is suspended until they amend their complaint to add the copyright holder as a complainant and the holder's notified of the action.
Those requirements should be easy to meet for any legitimate case, which means 99% of the copyright infringement cases out there either won't get filed or will get laughed out of the courtroom on the first day.
I wonder what'll happen when the first complaint is made that the product contains a manufacturing defect (pointing out that the update is to fix a problem) and that the manufacturer is refusing to fix said defect as required by law unless the owner agrees to new contract terms?
Unicode support is also a very necessary idea if you want web sites in countries other than English-speaking ones. Web browsers, however, should flag URLs that contain characters that're outside the Unicode range(s) used by your default locale.
I'd guess Google will appeal, and if 3rd Circuit upholds the decision they'll appeal to the Supreme Court because there's a circuit split. They can make a convincing argument that this case and the Microsoft decision can't be distinguished, as Microsoft also could have moved the data back to domestic servers where it would fall under the warrant. After all, the judge in the Google case isn't ordering Google to just wait to see if the data comes back to the US naturally, he's ordering them to make the data come back to the US.
I think the new narrative will fall flat simply because people have already been exposed to the reality that one of the biggest sources of malware is legitimate web sites that host advertising. That's why the use of ad-blockers is on the rise. All people will do is shrug at the DCA and go "That's different from every other web site out there how again?".
I don't think it does. What it does is require that the plaintiff go back to the judge and make a motion to compel discovery, get it granted and go back to the service provider with the judge's order. Which is almost certainly what Yahoo told him to do when they rejected his request.
So, what Admiral is saying is that functionalclam.com needs to be added to the list of domains that my local nameserver is authoritative for and which have a wildcard record resolving to a web server that responds to all requests with "404 Not Found". Glad they clarified that, now I'll never even contact their site to potentially copy their content so I'll never have to worry about whether I've circumvented anything Admiral's put in place to prevent that copying and thus never have to worry about Section 1201.
No, they shouldn't be forced to take it down. Not until he's specifically telling people to go to North Korea and try to kill Kim Jong Un, being aware that they can and will do just that. Until that point it's merely insanely offensive (not to mention IMHO simply insane) and that's not enough to move it outside the scope of the First Amendment.
What's more fun is that allowing AirBnb to be sued like this opens up another can of worms: how is what any hotel/motel does with on-line reservations (or even renting rooms in-person) sufficiently different as to render them less liable than AirBnb? If anything they have more knowledge of the activities than AirBnb and more control over honoring or refusing the reservation. This would be a huge sword dangling over the entire hospitality industry.
On the post: Stupid Patent Of The Month: Will Patents Slow Artificial Intelligence?
Re: Good lord!
On the post: As Broadband Usage Caps Expand, Nobody Is Checking Whether Usage Meters Are Reliable
It's not hard to configure any router that does DD-WRT or OpenWRT to give you a detailed breakdown of traffic. The hard part was always setting up the filter chains to count the right traffic for what you wanted to monitor, and a lot of that was because I wanted to monitor more than just gross traffic for various protocols.
On the post: Rohingya Ethnic Cleansing (Once Again) Demonstrates Why Demanding Platforms Censor Bad Speech Creates Problems
Re:
Except that in the eyes of the oppressive regime, the person fighting for freedom against them is a terrorist, and once they've decided that it's easy for them to portray said "terrorist" as attacking civilians and attempting to instill terror. We've seem police in the US doing it on a regular basis to justify their violent treatment of any gathering of people they don't like. We witnessed Trump trying to do it with Charlottesville. It isn't a matter of whether it's a bright line or not but of where exactly that line is painted, and in cases like this that often depends heavily on which side is pointing at it.
On the post: Appeals Court Tells Patent Trolls' Favorite Judge He Can't Just Ignore The Supreme Court To Keep Patent Cases In Texas
Re: Re:
The independence of Federal judges isn't absolute nor unlimited (see http://www.yalelawjournal.org/forum/removing-federal-judges-without-impeachment for the arguments). Congress and the executive branch can call judges to account for criminal actions, and the judicial branch itself can call judges to account for misbehavior that doesn't necessarily reach the level of criminal (independence is of the judicial branch from the legislative and executive branches, not of individual judges from the judicial branch).
On the post: The Latest Scam To Protect Sketchy Patents From Patent Office Review: Sell To Native Americans
On the post: Monkey Selfie Case Reaches Settlement -- But The Parties Want To Delete Ruling Saying Monkeys Can't Hold Copyright
Re: Hmm...
On the post: Screen Actors Guild Tells Court There's Nothing Unconstitutional About Curbing IMDB's Publication Of Facts
Re:
On the post: IOT Devices Provide Comcast A Wonderful New Opportunity To Spy On You
Re: Re: Re:
On the post: Sex Trafficking Expert: CDA 230 Helps Victims And SESTA Would Harm Trafficking Victims
Re:
On the post: Copyright Troll Insists Septuagenarian Is An Enormous Copyright Infringer, Then Runs Away After Backlash
The problem isn't the IP address, it's the near-complete lack of evidence that the IP address was involved in infringement at all. If a plaintiff wants to file a John Doe case, they should be barred from going any further than filing until they've shown their evidence to a judge with the standard being evidence that could survive a reasonable motion for summary judgment. If all the plaintiff has is a list of URLs, the case dies because there's no evidence in the record that those URLs contain copyrighted content or that if they do the plaintiff owns the copyrights. Each URL should be accompanied by a statement of exactly what content that URL contains, a detailed description of how the content was confirmed to be what was claimed, and a statement of who created the work and when and (if the author isn't the plaintiff) a complete chain of copyright transfers terminating with the plaintiff. If they're just an agent for the copyright holder, the case is suspended until they amend their complaint to add the copyright holder as a complainant and the holder's notified of the action.
Those requirements should be easy to meet for any legitimate case, which means 99% of the copyright infringement cases out there either won't get filed or will get laughed out of the courtroom on the first day.
On the post: Sonos Users Forced To Choose Between Privacy And Working Hardware
On the post: Moving On From Obviously Fake News To Plausibly Fake News Sites
Re: The Joy of Unicode
On the post: Moving On From Obviously Fake News To Plausibly Fake News Sites
Re: Re: The Joy of Unicode
On the post: Federal Judge Upholds Magistrate's Ruling, Says Google Must Hand Over Data From Overseas Servers
I'd guess Google will appeal, and if 3rd Circuit upholds the decision they'll appeal to the Supreme Court because there's a circuit split. They can make a convincing argument that this case and the Microsoft decision can't be distinguished, as Microsoft also could have moved the data back to domestic servers where it would fall under the warrant. After all, the judge in the Google case isn't ordering Google to just wait to see if the data comes back to the US naturally, he's ordering them to make the data come back to the US.
On the post: The MPAA Narrative About Piracy Flips To Danger From Pirate Sites Now That It Has Lost The Moral Argument
I think the new narrative will fall flat simply because people have already been exposed to the reality that one of the biggest sources of malware is legitimate web sites that host advertising. That's why the use of ad-blockers is on the rise. All people will do is shrug at the DCA and go "That's different from every other web site out there how again?".
On the post: Lawyer: Yahoo Lost Sec. 230 Immunity Because It Didn't Hand Over Personal Info; Court: GTFO
Re:
On the post: How The DMCA's Digital Locks Provision Allowed A Company To Delete A URL From Adblock Lists
So, what Admiral is saying is that functionalclam.com needs to be added to the list of domains that my local nameserver is authoritative for and which have a wildcard record resolving to a web server that responds to all requests with "404 Not Found". Glad they clarified that, now I'll never even contact their site to potentially copy their content so I'll never have to worry about whether I've circumvented anything Admiral's put in place to prevent that copying and thus never have to worry about Section 1201.
On the post: Should Social Media Sites Be Forced To Pull Pastor Calling For War With North Korea?
Re: Re:
On the post: Should Social Media Sites Be Forced To Pull Pastor Calling For War With North Korea?
On the post: How Congress' Attempt To Break CDA230 Could Kill Airbnb
What's more fun is that allowing AirBnb to be sued like this opens up another can of worms: how is what any hotel/motel does with on-line reservations (or even renting rooms in-person) sufficiently different as to render them less liable than AirBnb? If anything they have more knowledge of the activities than AirBnb and more control over honoring or refusing the reservation. This would be a huge sword dangling over the entire hospitality industry.
Next >>