Actually, a review is coming up soon in regards to copyright. If anything, I would think the Jammie Thomas/Joel Tenenbaum case may be the case that decides how SCOTUS looks at copyright for the next few years.
I got into a Youtube argument with someone that says ASCAP helps out artists. Not only was the person belligerent, but when I pointed out all of the new avenues that artists could take without having to rely on copyright enforcement to take from small businesses to promote older artists, they ignored that point to say "but that's their own ignorance talking".
Further, I was saddened when Square used copyright law against fan sites for making their own custom stories on the internet.
If anything, I would love to make a digital platform for fans of a series to look at older games and make them relevant again. Know what stops me?
You guessed it. The games may be 20 years out of date, but copyright allows a company to sit on an idea, even though the people that worked on it are long gone.
I've seen very little good in copyright law. I've seen very little benefits from using this tool of censorship in the digital era. Maybe it made sense at one time.
But now? Not so much.
And I constantly get the same form letter from my Senators regarding the law. It should be easy to meet him and talk to him about this. It's not. Instead, I get to see bullshit like this about a person representing my latest sell of military weapons to Taiwan as a win-win for the economy instead of actually following what people say about the economic issues that matter on a federal level. Can we change our government? I'd like to think it's time to try some new ideas for elections. How about crowdsourcing instead of putting more money into a broken system of laws to support our two party system?
Re: Re: Re: Re: Re: Punitive v. Non-Punitive Damages
"The judges in the Tenenbaum and Thomas-Rasset cases were not the same judge, yet came to the same conclusion. And as far as I know, these are the only two P2P cases against individuals to ever make it to a jury award. So, thus far, all of the judges have thought the awards were "unprecedented and oppressive.""
Nitpicks:
The judges slashed the rewards for different reasons.
Joel Tenenbaum - remittitur saved him from the original $675,000 verdict
Also, you can't forget the cheerleader Whitney Harper, whose case was shot down by the Supreme Court. She currently has a $30,000 lien against her for downloading songs at the ripe bold age of 14.
Gitmo - Imagine the huge disincentive to release anyone from Gitmo. You have a lot of "innocent" people there, but security more than likely doesn't want anyone released. It's the same reason Obama or Bush won't let up on Gitmo. You KNOW what would happen if they let someone get away and suddenly we had another terrorist bombing. People would be out for the POTUS' head should there ever be another 9/11.
TSA - The entire problem here is how the Supervisors just have to keep their head down. You have given the agents a free pass on sexual assault. All in the name of security. Nothing that they've done has actually helped security concerns. The TSA has scanners that don't work right. They have agents who are more interested in searching for nail clippers than bombs. And you have an agency who probably knows their existence could be erased should Congress ever wisen up and decide to erase them.
But in the last few years, the point has remained. People are critical of the TSA because the sexual assualt is NOT needed. The scanners aren't required for safety, and bullying children or the elderly for security is NOT doing them any favors.
I'm not arguing against you, but seeing this AC's posts, I can only shake my head as the reason for the security theater, from the inappropriate touching to the fact that many dangerous items have escaped their notice, is lost to them because they don't want to look at that evidence.
" Prior to an infringement judgment, Nintendo has the leverage of uncertainty, as Nintendo may be deemed a non-infringer or the patent may be deemed invalid if the case goes on. After a final judgment of infringement, Nintendo loses that leverage."
Yes, but they also have the presumption of validity of the patent, which would be expensive before the trial date.
Let's not get started on how the train industry, the airline industry, Fedex and USPS would flip the shit if quantum teleportation ever became a reality...
All jokes aside, those terrorists in Afghanistan were trained by the CIA to take out Communism. They did that, then used their AKs against US interests. Now this may be a hard truth to believe, but Al Qaeda had a goal and they've stuck to it.
Their goal for the longest time has been to bankrupt the US overall economy. Turn the policy makers against their citizens, impede on their freedoms, and spend money on false security in the attempt to look like they're actually doing something to stem the tide of terrorism.
What you're failing to see is how their decentralized networks, similar to Anonymous, have caused the US to spend $1 trillion in Afghanistan. All of this money is spent on the War on Terror.
Tell me, has it ever been a good thing to fight an idea, when the results are already known to all?
"So sadly, your amusing attempt to defect sort of fails"
Lobo, you're a terrorist scum and the AC called you out on it! Not only this but you planned the attacks then changed your name online so we couldn't figure you out. You damn traitorist bastard!
Re: Re: Re: Re: Re: Re: Punitive v. Non-Punitive Damages
"Jay, the only way she was caught was because they were able to see the file remotely. That would be the share light on."
They looked up the IP address IIRC. Furthermore, with all of the cases about Bittorrent as well as her case, you can not prove that she was sharing the files at the time she was caught.
"In this case, each plaintiff has elected to recover “statutory damages” instead of actual damages and profits. A copyright holder may recover statutory damages even if it did not submit evidence regarding actual damages. Under the Copyright Act, each plaintiff is entitled to a sum of not less than $750 or more than $30,000 per act of infringement (that is, per sound recording downloaded or distributed without license). Because the defendant’s conduct was willful, then each plaintiff is entitled to a sum of up to $150,000 per act of infringement (that is, per sound recording downloaded or distributed without license), as you consider just.
"You have to remember that Thomas was sharing significantly more than 24 files, but the 24 were selected more or less to be "indicative". If the settlement amounts per infraction are too low, the next case will likely involve hundreds or thousands of files, depending on how many were being shared."
And Tenenbaum shared more than the songs stated. Big deal. How did they cause severe economic damages with non-profit filesharing?
Or is the fact that the RIAA's campaign spent more than it brought on lost on you? The courts noticed this "sue em all" strategy and took measures to minimize what the RIAA was doing. So your "hundreds or thousands" line is a lot of fluff since it's highly unlikely to occur.
"As for jury nullification, I think of that as the last line of legal defence of the Tardian nation, where a single individual can corrupt the legal system entirely, the minority telling the majority what to do. If that is your best defence, you have already lost"
Currently, there are hung juries based on our drug policy. Indirect evidence of unfair or biased laws.
In the times of Prohibition, the nullification was used to let off the "rogue gangsters" that were providing alcohol to them.
It has a long history of usage that go far beyond the civil rights issues of copyright. It isn't corrupting the legal system. It's another tool that can express people's feelings based on the laws passed by Congress. In this case, Whitney Harper, Jammie Thomas, and Joel Tenenbaum wouldn't have the huge settlements if jurors and judges had been given more options than the one sided deal that is statutory damages.
Re: Re: Common sense.... So damned rare, it's now a superhuman power
In the last 10 years of law to try to criminalize the populace, has copies of popular software, games, and movies harmed anyone creating, or have people found newer alternatives? Sorry, but the licensing in software plays a different role than what you're insinuating. There's been no "problems" caused by filesharing that have been found to harm their ability to profit off of a work.
On the post: Shouldn't Unilateral Retroactive Copyright Extension Mean Copyright Is Void?
Re:
On the post: Benchslapping Judge... Benchslapped By Higher Judge
Re:
Serious Business
On the post: Shouldn't Unilateral Retroactive Copyright Extension Mean Copyright Is Void?
Re: Me and everybody else ..
Further, I was saddened when Square used copyright law against fan sites for making their own custom stories on the internet.
If anything, I would love to make a digital platform for fans of a series to look at older games and make them relevant again. Know what stops me?
You guessed it. The games may be 20 years out of date, but copyright allows a company to sit on an idea, even though the people that worked on it are long gone.
I've seen very little good in copyright law. I've seen very little benefits from using this tool of censorship in the digital era. Maybe it made sense at one time.
But now? Not so much.
And I constantly get the same form letter from my Senators regarding the law. It should be easy to meet him and talk to him about this. It's not. Instead, I get to see bullshit like this about a person representing my latest sell of military weapons to Taiwan as a win-win for the economy instead of actually following what people say about the economic issues that matter on a federal level. Can we change our government? I'd like to think it's time to try some new ideas for elections. How about crowdsourcing instead of putting more money into a broken system of laws to support our two party system?
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re: Re: Re: Re: Re: Punitive v. Non-Punitive Damages
Nitpicks:
The judges slashed the rewards for different reasons.
Joel Tenenbaum - remittitur saved him from the original $675,000 verdict
For Jammie Thomas - Having gone through remittitur already, the judge faced the constitutionality of the damages clause of copyright.
Also, you can't forget the cheerleader Whitney Harper, whose case was shot down by the Supreme Court. She currently has a $30,000 lien against her for downloading songs at the ripe bold age of 14.
On the post: It's Only A Miracle If You're Not In The Business Of Selling Loaves & Fishes
Re: christ
On the post: Hollywood Ups Three Strikes Propaganda Campaign In Australia With Misleading Stats
Re: Re: Re: Er, if in place presumably 100% of those charged would /be/ stopped.
The other is out of the loo
Blue may be batshit insane, but talking to himself on here would really be a stretch, even for him.
On the post: Guy Who Created The TSA Says It's Failed, And It's Time To Dismantle It
Re: Re: Re: Re: Re: Re: Re:
Gitmo - Imagine the huge disincentive to release anyone from Gitmo. You have a lot of "innocent" people there, but security more than likely doesn't want anyone released. It's the same reason Obama or Bush won't let up on Gitmo. You KNOW what would happen if they let someone get away and suddenly we had another terrorist bombing. People would be out for the POTUS' head should there ever be another 9/11.
TSA - The entire problem here is how the Supervisors just have to keep their head down. You have given the agents a free pass on sexual assault. All in the name of security. Nothing that they've done has actually helped security concerns. The TSA has scanners that don't work right. They have agents who are more interested in searching for nail clippers than bombs. And you have an agency who probably knows their existence could be erased should Congress ever wisen up and decide to erase them.
But in the last few years, the point has remained. People are critical of the TSA because the sexual assualt is NOT needed. The scanners aren't required for safety, and bullying children or the elderly for security is NOT doing them any favors.
I'm not arguing against you, but seeing this AC's posts, I can only shake my head as the reason for the security theater, from the inappropriate touching to the fact that many dangerous items have escaped their notice, is lost to them because they don't want to look at that evidence.
Sad...
On the post: Portlandia: We Satirize Portland, But If You Satirize Us, We'll Go Legal On You [Updated]
Re: NEWS FLASH: This just in ...
The bird is the word now.
On the post: Canada Plans To Re-Introduce Bad Copyright Plan, With Damaging Digital Locks Provisions, With No Additional Consultation
Re: Re:
On the post: The Cost Of Copyright Extension In Europe: 1 Billion Euros Paid By The Public
Re: Re: Re: Re: And so what?
On the post: Hollywood Ups Three Strikes Propaganda Campaign In Australia With Misleading Stats
Re: "Hollywood Ups Three Strikes Propaganda Campaign In Australia With Misleading Stats"
On the post: Righthaven, King Of Suing Without Notification, Whines To Judge About Motions Filed Against It Without Enough Notification
Re: Re:
On the post: Nintendo Wii Accused Of Willfully Infringing Patent That Was Applied For After Wii Was Introduced
Re: Re: Re: Re: Re: Re: So what you're saying...
On the post: Nintendo Wii Accused Of Willfully Infringing Patent That Was Applied For After Wii Was Introduced
Re: Re: Re: Re: Re: Re: Re:
Yes, but they also have the presumption of validity of the patent, which would be expensive before the trial date.
On the post: It's Only A Miracle If You're Not In The Business Of Selling Loaves & Fishes
Re: Matter replication
On the post: Guy Who Created The TSA Says It's Failed, And It's Time To Dismantle It
Re: Re: Re: Completely Effective
Their goal for the longest time has been to bankrupt the US overall economy. Turn the policy makers against their citizens, impede on their freedoms, and spend money on false security in the attempt to look like they're actually doing something to stem the tide of terrorism.
What you're failing to see is how their decentralized networks, similar to Anonymous, have caused the US to spend $1 trillion in Afghanistan. All of this money is spent on the War on Terror.
Tell me, has it ever been a good thing to fight an idea, when the results are already known to all?
On the post: Guy Who Created The TSA Says It's Failed, And It's Time To Dismantle It
Re: Re: Re: Completely Effective
Lobo, you're a terrorist scum and the AC called you out on it! Not only this but you planned the attacks then changed your name online so we couldn't figure you out. You damn traitorist bastard!
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re: excessive fines.....
Just to add insult to injury.
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re: Re: Re: Re: Re: Re: Punitive v. Non-Punitive Damages
They looked up the IP address IIRC. Furthermore, with all of the cases about Bittorrent as well as her case, you can not prove that she was sharing the files at the time she was caught.
Here's the instructions they were given:
"In this case, each plaintiff has elected to recover “statutory damages” instead of actual damages and profits. A copyright holder may recover statutory damages even if it did not submit evidence regarding actual damages. Under the Copyright Act, each plaintiff is entitled to a sum of not less than $750 or more than $30,000 per act of infringement (that is, per sound recording downloaded or distributed without license). Because the defendant’s conduct was willful, then each plaintiff is entitled to a sum of up to $150,000 per act of infringement (that is, per sound recording downloaded or distributed without license), as you consider just.
"You have to remember that Thomas was sharing significantly more than 24 files, but the 24 were selected more or less to be "indicative". If the settlement amounts per infraction are too low, the next case will likely involve hundreds or thousands of files, depending on how many were being shared."
And Tenenbaum shared more than the songs stated. Big deal. How did they cause severe economic damages with non-profit filesharing?
Or is the fact that the RIAA's campaign spent more than it brought on lost on you? The courts noticed this "sue em all" strategy and took measures to minimize what the RIAA was doing. So your "hundreds or thousands" line is a lot of fluff since it's highly unlikely to occur.
"As for jury nullification, I think of that as the last line of legal defence of the Tardian nation, where a single individual can corrupt the legal system entirely, the minority telling the majority what to do. If that is your best defence, you have already lost"
Please look up jury nullification. Here is the Fugitive Slave Act, where jurors refused to convict through nullification.
Currently, there are hung juries based on our drug policy. Indirect evidence of unfair or biased laws.
In the times of Prohibition, the nullification was used to let off the "rogue gangsters" that were providing alcohol to them.
It has a long history of usage that go far beyond the civil rights issues of copyright. It isn't corrupting the legal system. It's another tool that can express people's feelings based on the laws passed by Congress. In this case, Whitney Harper, Jammie Thomas, and Joel Tenenbaum wouldn't have the huge settlements if jurors and judges had been given more options than the one sided deal that is statutory damages.
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re: Re: Common sense.... So damned rare, it's now a superhuman power
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