So, they'll charge her for millions in damages, when there's no economic evidence of it, and the judge has already found them to be excessive?
I doubt highly they would want to reverse it. The backlash on this would be immense. I honestly have no idea what may be a better solution. Either set a new precedent for lowering damages, or have a very high standard as set by these few cases to be used against filesharing later on. Only one option sounds reasonable right now.
"The results of sharing a file with people is that you set in motion a chain of events. Remember that anyone you shared with has it only because you shared with them. Without the reckless act, there would be no further sharing. Their actions recklessly allow all these other actions to occur."
Call it crazy, but during the entire trial, did anyone check to see if Jammie had the "share to others" light turned on?
"Sometimes tells me the judge isn't in tune with what the juries are seeing."
Have you read the jury instructions? Just to reiterate what Karl is saying, they literally pull a number between $750 and $150K, multiply that by 24 and boom, out pops the million dollars in damages. Or are you suggesting otherwise?
"These are juries of reasonable people who come to these conclusions."
What would have been reasonable? Possible jury nullification, but that's just me...
The smaller developers are using piracy to increase their numbers. Larger companies are using piracy as a scapegoat. Nothing new or surprising, but we should make a name for this because it happens so often.
Should it be called the Pirate's Treasure Trove, since finding the way to a gamer's heart seems to be through piracy?
Re: Common sense.... So damned rare, it's now a superhuman power
I would argue against them.
There are currently zero links in piracy and organized crime. The fact remains that these laws do more harm than good. These are exactly the same laws being used against filesharers, be it the Ninjavideo group recently posted or a release group as set upon by their rivals.
How do you mean the government isn't doing the fining?
Weren't the fines set by Congress? Also, the choice was given to the prosecution of recouping economic damages or going with the entirely arbitrary statutory damages as set by the NET Act. To me, it seems that the "price" of copyright infringement is entirely set by Congress.
1) Hotfile is selling access to a locker. Whatever someone puts INTO that locker is supposed to be none of their business.
2) No, the tool wasn't being used as defined, hence the warnings. Maybe Hotfile should have used three strikes against Warner Bros in order to determine why they should take that tool away.
3) If the DMCA takedowns were used falsely for content that was not the copyright holder's, then they should be charged for it.
4) I don't know how you seem to know what their business model is, since there are plenty of cyberlockers to choose from and the precedents have been set with mp3Tunes, Amazon and Google.
I guess what you really want is to just have larger businesses come in to offer cyberlockers instead of places like jdownloader, mediafire and Hotfile.
Also, just for the record... It's no one's business what's in a cyberlocker except the person uploading the content. If your business requires intruding on someone's private files, then there's a huge problem with your business.
"This government has shown itself to believe that it may do whatever it desires in the next four years because it won an election with less than half of the popular vote."
That's not the issue. What you're seeing countless times is the fact that the US lobbying industry is bullying other countries into accepting US "exports" by raising this "tariff".
Brazil, Sweden, India, New Zealand, the UK, and even Europe are being bullied by the US government to accept bad laws that make the US money and leave everyone else worse off.
The problem has been a persistant view into doing whatever the US policy makers want.
It's high time that this policy changes to better society instead of a few gatekeepers.
"Exactly how the plaintiff alleged: by having these patents cited against Nintendo's own patent applications."
*facepalms*
Meanwhile, they are presumed to be valid, Think Optic decided to file first so they get proceeds from a product that actually went to market and executed successfully...
So the government should just hand over money to those poor starving ThinkOptic guys because Nintendo successfully launched their product while ThinkOptic merely thought about it...
Meanwhile, let's ignore the fact that Nintendo and ThinkOptical are in two different markets, cater to different customers, and could coexist without the threat of a patent pending lawsuit.
Yeah, this sounds like a GREAT way to promote innovation... Sue everyone through a vague patent. Bravo to Wavit for being so innovative that someone else could come up with similar technology, based on IR and engineering know how to make it run for a game console that TO had no hand in helping to make.
"They file what appears to be mostly a spiteful and poorly thought out response, and it merits a big post?"
That's got to be the funniest thing I've seen all week.
Translation for those at home: "I'm too busy trying to make Mike look bad because he can't follow my waaaah-bulance too closely. All I can do is throw out a spiteful post, throwing a temper tantrum because Hotfile has evidence that goes against Warner Bros impeding on other people's rights"
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re: Re: Re: Re: Re: Re: Re:
I doubt highly they would want to reverse it. The backlash on this would be immense. I honestly have no idea what may be a better solution. Either set a new precedent for lowering damages, or have a very high standard as set by these few cases to be used against filesharing later on. Only one option sounds reasonable right now.
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re: Re: Re: Re: Punitive v. Non-Punitive Damages
Call it crazy, but during the entire trial, did anyone check to see if Jammie had the "share to others" light turned on?
"Sometimes tells me the judge isn't in tune with what the juries are seeing."
Have you read the jury instructions? Just to reiterate what Karl is saying, they literally pull a number between $750 and $150K, multiply that by 24 and boom, out pops the million dollars in damages. Or are you suggesting otherwise?
"These are juries of reasonable people who come to these conclusions."
What would have been reasonable? Possible jury nullification, but that's just me...
On the post: Indie Game Developer Posts Game on Pirate Bay, Sees Positive Results
Re:
Should it be called the Pirate's Treasure Trove, since finding the way to a gamer's heart seems to be through piracy?
Dunno, just one idea.
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re: Re: Re: Re: Re:
I do have to wonder if the judge slashing the jury award will have any effect however...
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re: Common sense.... So damned rare, it's now a superhuman power
There are currently zero links in piracy and organized crime. The fact remains that these laws do more harm than good. These are exactly the same laws being used against filesharers, be it the Ninjavideo group recently posted or a release group as set upon by their rivals.
On the post: Canada Plans To Re-Introduce Bad Copyright Plan, With Damaging Digital Locks Provisions, With No Additional Consultation
Re:
On the post: Canada Plans To Re-Introduce Bad Copyright Plan, With Damaging Digital Locks Provisions, With No Additional Consultation
Re: Re: Re: Re: Re: Re: No Further Consultation
I wouldn't be surprised if the Chamber of Commerce wasn't involved, since they have a reputation for these type of shenanigans.
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re: Re: Re:
On the post: Do The Statutory Damages Rates For Copyright Infringement Violate The Eighth Amendment?
Re:
Weren't the fines set by Congress? Also, the choice was given to the prosecution of recouping economic damages or going with the entirely arbitrary statutory damages as set by the NET Act. To me, it seems that the "price" of copyright infringement is entirely set by Congress.
On the post: Article About 'The Menace Of The Software Pirates' From 1985
Re:
Fuck Atari.
On the post: Canada Plans To Re-Introduce Bad Copyright Plan, With Damaging Digital Locks Provisions, With No Additional Consultation
Re: Re: Re: Re: No Further Consultation
I'm not familiar with Canadian laws so what the hell do they gain in pushing this?
On the post: Hotfile Responds To Lawsuit Filed By Studios, Countersues Warner Bros. For Copyright Misuse
Re: Re: Re: Re:
2) No, the tool wasn't being used as defined, hence the warnings. Maybe Hotfile should have used three strikes against Warner Bros in order to determine why they should take that tool away.
3) If the DMCA takedowns were used falsely for content that was not the copyright holder's, then they should be charged for it.
4) I don't know how you seem to know what their business model is, since there are plenty of cyberlockers to choose from and the precedents have been set with mp3Tunes, Amazon and Google.
I guess what you really want is to just have larger businesses come in to offer cyberlockers instead of places like jdownloader, mediafire and Hotfile.
Also, just for the record... It's no one's business what's in a cyberlocker except the person uploading the content. If your business requires intruding on someone's private files, then there's a huge problem with your business.
On the post: Hotfile Responds To Lawsuit Filed By Studios, Countersues Warner Bros. For Copyright Misuse
Re: Is there an elephant in the room?
On the plus side, this helps set precedents.
On the bad side, it takes a lot of money out of Hotfile's hands to battle the legality of what they've done.
On the post: Hotfile Responds To Lawsuit Filed By Studios, Countersues Warner Bros. For Copyright Misuse
Re: Re:
On the post: Canada Plans To Re-Introduce Bad Copyright Plan, With Damaging Digital Locks Provisions, With No Additional Consultation
Re: No Further Consultation
That's not the issue. What you're seeing countless times is the fact that the US lobbying industry is bullying other countries into accepting US "exports" by raising this "tariff".
Brazil, Sweden, India, New Zealand, the UK, and even Europe are being bullied by the US government to accept bad laws that make the US money and leave everyone else worse off.
The problem has been a persistant view into doing whatever the US policy makers want.
It's high time that this policy changes to better society instead of a few gatekeepers.
On the post: Nintendo Wii Accused Of Willfully Infringing Patent That Was Applied For After Wii Was Introduced
Re: Re:
Stephen Kinsella showed that when Sweden got rid of the patent system, innovation flourished.
Planet Money has the best write up on the problems of the patent system.
It may be better to remove the patent system entirely so that the patent trolls and leeches can find another bridge to scurry under.
On the post: Nintendo Wii Accused Of Willfully Infringing Patent That Was Applied For After Wii Was Introduced
Re: Re: Re: Re: Re:
It doesn't change all that much.
On the post: Nintendo Wii Accused Of Willfully Infringing Patent That Was Applied For After Wii Was Introduced
Re: Re: Re: Re: So what you're saying...
*facepalms*
Meanwhile, they are presumed to be valid, Think Optic decided to file first so they get proceeds from a product that actually went to market and executed successfully...
So the government should just hand over money to those poor starving ThinkOptic guys because Nintendo successfully launched their product while ThinkOptic merely thought about it...
Meanwhile, let's ignore the fact that Nintendo and ThinkOptical are in two different markets, cater to different customers, and could coexist without the threat of a patent pending lawsuit.
Yeah, this sounds like a GREAT way to promote innovation... Sue everyone through a vague patent. Bravo to Wavit for being so innovative that someone else could come up with similar technology, based on IR and engineering know how to make it run for a game console that TO had no hand in helping to make.
On the post: Hotfile Responds To Lawsuit Filed By Studios, Countersues Warner Bros. For Copyright Misuse
That's got to be the funniest thing I've seen all week.
Translation for those at home: "I'm too busy trying to make Mike look bad because he can't follow my waaaah-bulance too closely. All I can do is throw out a spiteful post, throwing a temper tantrum because Hotfile has evidence that goes against Warner Bros impeding on other people's rights"
Good job there buddy.
On the post: Are Entertainment Industry Profits More Important Than Civil Rights?
Re: Re: Re: Re:
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