"resale of copyright goods without permission."
I'm assuming after the first sale from a book or record store, or web site of a physical good such as a book, recording, movie DVD or such like where the content provider has been paid and where, one day if the gods of creative accounting and last quarter earnings approve, the artist may but just may get their royalty that resale of said item is currently illegal? Not that I've heard.
But if you're right then the biggest pirates around aren't on the Internet and never have been. They're at the charities, churches, scout and guide rummage and garage sales, Salvation Army sales and on and on it goes.
So I, too, am interested in a citation for your startling statement, young fella, me laddie.
I know the MPAA/RIAA types have wet dreams about this but it's not illegal yet, as far as I know.
"Remember, for extradition, they don't have to find him guilty in New Zealand. They only have to show a reasonable case (and I think it is fair to say they have it)."
Then why is it so difficult to take part in discovery? In any other case I'd say they don't have a reasonable case, or reasonable cause once they start to balk on that one. So, in fact would Dotcom's lawyers and so, in fact, would most judges hearing and extradition request.
Not even the United States gets an extradition granted just by asking for it and trying to duck minor details like discovery. Unless, of course, these days, they're asking England for one of it's citizens for doing something perfectly legal there.
Extradition requests also require that the country making the request have a high probability of conviction not just "enough there for any good lawyer to work from" which, in any event, in a criminal case they do not from what we all have seen so far.
Remember that selling access to a site and it's contents isn't unusual or, in and of itself, evidence of criminal activity or the Wall Street Journal and New York Times must be among the biggest crooks in the United States behind their paywalls.
Also, "apparently" isn't the test of a criminal conviction which is "beyond a reasonable doubt" in both New Zealand and the United States. You may think they have a reasonable case. By not revealing that case in discovery I'm forced, so far, to say that they have nothing. Or less than that.
I don't think he missed the boat at all. He's more concerned that US prosecutors missed it or ignored it completely.
Discovery is normal in any legal proceeding which you seem to want to ignore. Even more so in extradition hearings. Dotcom's legal council and the judge seem to want to see what the United States has that would justify an extradition that they have said it's unnecessary for him and his court to see because it would be too "difficult".
That alone will make a judge snarky, particularly one who who sees an attempt to elevate a civil case to a criminal one improperly simply to get an extradition. The lecture on how to do discovery of electronic records follows that observation to show those representing the United States how this is done. One that has the blessing of the New Zealand High Court.
Put another way he's told then you WILL do this and this is HOW. Whether or not U.S. and New Zealand criminal copyright laws are the same is immaterial. Though it appears they're not.
And he's reminded them that he is not about to extradite someone on grounds of civil infringement so, again, he says "my court, my country, you do it my way."
And after paying them tons of money, not just for that but for "reputation management" someone will tap you on the shoulder and tell you that Google, Yahoo and Bing are wise to him and his ilk and they probably get the site downgraded if they use him!
Oh, and for reputation management. Someone just managed to wreck his own!
The problem with WebiMax and other SEO "specialists" and those promising a #1 ranking on Google if only you'd sign on their dotted line is that they're out and out lying.
It's not all that difficult to do what they promise to do for you, except where some will promise to get a backlink from your hated competitor down the drive. It's slow and time consuming and a bit frustrating but not all that hard.
Incidentally, having had a quick look at their site and what they promise, along with what they charge, I'm not surprised someone put up a parody site. It just begs to be made fun of.
This is a person, believe it or not. I suspect he has a stock phrase list where he picks and chooses, cuts and pastes and posts which results in posts like this with broken syntax, horrible logic and little or no relevance to Mike's post.
Any Mike will do, all it has to be is the author of the post.
The notion that News Corp would listen to its customers or adapt is almost laughable. The same would apply to Hollywood and others in the so-called "content industry" who want to retain a pre-1989 marketplace where the basically dictated what the customer could or would get. And let's not forget various attempts at DRM.
I won't bother holding my breath to see if these outfits finally learn it's not web sites that have gone "rogue", its their customers looking for services and products the "content industry" refuses to give them. And, no, it isn't wanting freebies. If it was iTunes would have gone bust on day one.
I'm writing to inform you that you have violated the trademark on "Monster Cable" (tm) by writing this post. Please note that we shall be adding a second count as you had to think of the words "Monster Cable" (tm) at least once as your wrote the post.
You may avoid the embarrassment of appearing in court and the 200% certainty that you will lose this action by remitting a certified cheque or money order to this office by 10am June 1st and an apology witnessed by a notary public in the amount of $25,000,000.00. It will also be necessary that you acknowledge and agree that we own the words "Monster" and "Cable" used in that or any other order in this context or not. Further, you promise and certify that you will promote and make known to all and sundry that ownership of the words "Monster" and "Cable" are our exclusive property in particular to the word pirates of Websters Dictionary and the OED and to "pirate Mikey".
We also accept payment via Visa, MasterCard, American Express and PayPal.
We look forward to receiving your payment within the next 72 hours.
Sincerely
Alpha Trolls, Barristers and Solicitors
Attorneys At Law LLC
Nuclear Bomb Town, NV
Alternative Offices
Hamilton, Bermuda
"We thank you for your custom and look forward to screwing you blue in the near future. Not that we also offer surgical procedures at half price at our special clinic in Zimbabwe."
Perhaps you and your collegues should check with your Internet literate children next time you decide to break the Internet to ensure that Jollywood's latest nightmares about piracy don't corner you into doing something stupid.
I'm sure your children would be more than happy to give you a course on the use of the Internet and Web one weekend. ;-)
In an equally rational world the the dead tree book would have a higher VAT because of value added by typesetting the manuscript, adding the binding, each step of design of the hard cover and the wrap cover with the half naked woman on it because there always has to be a half naked woman somewhere on a hardcover wrap of indeterminate though likely jailbait age, the value add of transportation, storage and on it goes.
Whereas an ebook is copied and pasted into Adobe InDesign from the saved copy of the dead tree book, saved and duplicated in ebook format ready to do what computers are wonderful at doing which is mindlessly creating an infinite number of copies to send out. So far no value at all added except, perhaps the file format which is another thing computers do extremely well and for free.
(And, at some point get one or tow of our ACs here to scream "piracy", "think about the children" and some such drivel and tell us how well supported authors are by Big Publishing. )
Of course in a rational world VAT like sales taxes wouldn't exist but that's a debate for another time. :)
Actually, Baron de Cubertan (spelling is probably off) didn't want any of this nationalistic stuff like medals being credited to participating countries but he had to back off when the Americans said they wouldn't participate in the Athens Games if they didn't get the chance to be loyal Americans on the podium. Not to mention the chance to show the Europeans just how much better Americans were at the sports being put on there.
Funny that all the hootin' and hollerin' by the 2010 organizing committee died down when the owner of Olympia Pizza hired a lawyer to explain the fact of life to them. As in Olympia isn't Olympics and he didn't have to change the rings because they were different colours and arranged differently. That said there was no chance of confusing the Olympia Pizza with the games.
All this IP shit by the Olympics really got started with the LA games where, among other things, they charged around collecting fees from everyone anywhere near infringing in that part of California demanded they close down or pay an enormous fee. That was part of the reason for the profit there. Well profit in the same way Vancouver/Whistler made a profit.
And you can bet your sweet bippie that the same shit is happening in Greater London right now.
Actually, in many ways the hardware and support for same, has turned out to be very lucrative for IBM cause they're still around and doing very well, thank you.
IBM wasn't dismissive of software when the MS/IBM split occurred. Over simplified they both wanted control of the hardware platform that Windows or OS/2 ran on. MS, having learned very, very well about how to be the alpha predator came out on top of that one.
Yeah, MS came out on top of that one though not for the reasons you outline.
Which brings us back to paywalls and why people aren't buying into them for newspapers. Newspapers overvalue their content which is freely available elsewhere, particularly their rewrites or cut and paste inserts of content from news wires line AP, Reuters, CP and others, television, cable and other sources.
This example illustrates that there's a price where compulsive Facebook users will no longer stay if they have to pay it to get there. In this case it was a choice between $1 and $10 at the higher number a lot of them said "not me!". That seems the price where Facebook's content is overvalued.
For newspapers that price is much, much lower. Unless you're the WSJ, maybe the NYT and can trade on a specialized audience, a past reputation as a paper of record or something as important. Most papers are neither. Some used to be. Before consolidation in the 70's through 90s gutted editorial staff to pay for mergers that never paid for themselves.
I don't see Facebook going the paywall route if, for no other reason, than the data mining about their users to support apps and ads is far too valuable as it stands without going a route known to reduce traffic. Even if the data collected is 100% unlinkable to a specific user.
The students are quite clear that they value Facebook content over newspaper and news media content by saying they'd pay $1 month "membership" fee there while they are doing no such things at news media sites.
Is the U.S. still governed under it's constitution or, behind the curtain, does the MPAA/RIAA now govern?
It's a question I can't answer anymore.
It certainly seems that the inmates have taken control of the asylum judging from SOPA/PIPA and now ACTA/TPP.
It seems the USTR needs to be renamed HollywoodTR. Either that or there is truly no point in taking part in the American elections this fall as it doesn't matter who wins because we have now discovered who is really in charge.
Righthaven more or less vanishes so some firm has to step into the breach.
Now BayTSP steps up to take the vacant position of copyright troll perhaps somewhat more intelligently than it's successor/
Perhaps not.
BayTSP, who swear in their automated statement that their automated "The Program" will identify only the guilty. Yet this indicates that it operates on keywords and little more. I can't see any other way it confused the SF Chronicle with the movie.
What surprises me even more is that "The Program" didn't catch that well known pirate CS Lewis and his obvious misuse of the movie name in "The Chronicles of Narnia". This sort of rampant piracy just can't be allowed to continue!!!!
/s
On the post: New Zealand Judge Won't Rubberstamp Kim Dotcom Extradition; Orders US To Share Evidence
Re: Re:
I'm assuming after the first sale from a book or record store, or web site of a physical good such as a book, recording, movie DVD or such like where the content provider has been paid and where, one day if the gods of creative accounting and last quarter earnings approve, the artist may but just may get their royalty that resale of said item is currently illegal? Not that I've heard.
But if you're right then the biggest pirates around aren't on the Internet and never have been. They're at the charities, churches, scout and guide rummage and garage sales, Salvation Army sales and on and on it goes.
So I, too, am interested in a citation for your startling statement, young fella, me laddie.
I know the MPAA/RIAA types have wet dreams about this but it's not illegal yet, as far as I know.
On the post: New Zealand Judge Won't Rubberstamp Kim Dotcom Extradition; Orders US To Share Evidence
Re: Re:
On the post: New Zealand Judge Won't Rubberstamp Kim Dotcom Extradition; Orders US To Share Evidence
Re: Re: Re:
Then why is it so difficult to take part in discovery? In any other case I'd say they don't have a reasonable case, or reasonable cause once they start to balk on that one. So, in fact would Dotcom's lawyers and so, in fact, would most judges hearing and extradition request.
Not even the United States gets an extradition granted just by asking for it and trying to duck minor details like discovery. Unless, of course, these days, they're asking England for one of it's citizens for doing something perfectly legal there.
Extradition requests also require that the country making the request have a high probability of conviction not just "enough there for any good lawyer to work from" which, in any event, in a criminal case they do not from what we all have seen so far.
Remember that selling access to a site and it's contents isn't unusual or, in and of itself, evidence of criminal activity or the Wall Street Journal and New York Times must be among the biggest crooks in the United States behind their paywalls.
Also, "apparently" isn't the test of a criminal conviction which is "beyond a reasonable doubt" in both New Zealand and the United States. You may think they have a reasonable case. By not revealing that case in discovery I'm forced, so far, to say that they have nothing. Or less than that.
On the post: New Zealand Judge Won't Rubberstamp Kim Dotcom Extradition; Orders US To Share Evidence
Re:
Discovery is normal in any legal proceeding which you seem to want to ignore. Even more so in extradition hearings. Dotcom's legal council and the judge seem to want to see what the United States has that would justify an extradition that they have said it's unnecessary for him and his court to see because it would be too "difficult".
That alone will make a judge snarky, particularly one who who sees an attempt to elevate a civil case to a criminal one improperly simply to get an extradition. The lecture on how to do discovery of electronic records follows that observation to show those representing the United States how this is done. One that has the blessing of the New Zealand High Court.
Put another way he's told then you WILL do this and this is HOW. Whether or not U.S. and New Zealand criminal copyright laws are the same is immaterial. Though it appears they're not.
And he's reminded them that he is not about to extradite someone on grounds of civil infringement so, again, he says "my court, my country, you do it my way."
The only one, as usual, missing the boat is you.
On the post: CEO Says SOPA & CISPA Are Needed Because A Disgruntled Customer Once Set Up A Parody Site To Mock Him
Re: Re:
Oh, and for reputation management. Someone just managed to wreck his own!
On the post: CEO Says SOPA & CISPA Are Needed Because A Disgruntled Customer Once Set Up A Parody Site To Mock Him
Re: Wait, what?
They have now!
LOL
On the post: CEO Says SOPA & CISPA Are Needed Because A Disgruntled Customer Once Set Up A Parody Site To Mock Him
Re: Re: Re: Re: Colon Pain
On the post: CEO Says SOPA & CISPA Are Needed Because A Disgruntled Customer Once Set Up A Parody Site To Mock Him
Re:
It's not all that difficult to do what they promise to do for you, except where some will promise to get a backlink from your hated competitor down the drive. It's slow and time consuming and a bit frustrating but not all that hard.
Incidentally, having had a quick look at their site and what they promise, along with what they charge, I'm not surprised someone put up a parody site. It just begs to be made fun of.
On the post: News Corp. Wonders If There Could Possibly Be Any Arguments Against Anti-Piracy Efforts
Re: Re:
Any Mike will do, all it has to be is the author of the post.
On the post: News Corp. Wonders If There Could Possibly Be Any Arguments Against Anti-Piracy Efforts
Re:
I won't bother holding my breath to see if these outfits finally learn it's not web sites that have gone "rogue", its their customers looking for services and products the "content industry" refuses to give them. And, no, it isn't wanting freebies. If it was iTunes would have gone bust on day one.
On the post: Guy Files Lawsuit To Strip Google Of Its Trademarks
Re: Re:
I'm writing to inform you that you have violated the trademark on "Monster Cable" (tm) by writing this post. Please note that we shall be adding a second count as you had to think of the words "Monster Cable" (tm) at least once as your wrote the post.
You may avoid the embarrassment of appearing in court and the 200% certainty that you will lose this action by remitting a certified cheque or money order to this office by 10am June 1st and an apology witnessed by a notary public in the amount of $25,000,000.00. It will also be necessary that you acknowledge and agree that we own the words "Monster" and "Cable" used in that or any other order in this context or not. Further, you promise and certify that you will promote and make known to all and sundry that ownership of the words "Monster" and "Cable" are our exclusive property in particular to the word pirates of Websters Dictionary and the OED and to "pirate Mikey".
We also accept payment via Visa, MasterCard, American Express and PayPal.
We look forward to receiving your payment within the next 72 hours.
Sincerely
Alpha Trolls, Barristers and Solicitors
Attorneys At Law LLC
Nuclear Bomb Town, NV
Alternative Offices
Hamilton, Bermuda
"We thank you for your custom and look forward to screwing you blue in the near future. Not that we also offer surgical procedures at half price at our special clinic in Zimbabwe."
On the post: Senator Coons Admits That SOPA 'Really Did Pose Some Risk To The Internet'
Perhaps you and your collegues should check with your Internet literate children next time you decide to break the Internet to ensure that Jollywood's latest nightmares about piracy don't corner you into doing something stupid.
I'm sure your children would be more than happy to give you a course on the use of the Internet and Web one weekend. ;-)
Or, as yours did, in the middle of the night!
On the post: Author Tells DOJ The Authors Guild Doesn't Speak For Him & Amazon Is The Only Company Encouraging Competition
Re: Re: easy answer
Whereas an ebook is copied and pasted into Adobe InDesign from the saved copy of the dead tree book, saved and duplicated in ebook format ready to do what computers are wonderful at doing which is mindlessly creating an infinite number of copies to send out. So far no value at all added except, perhaps the file format which is another thing computers do extremely well and for free.
(And, at some point get one or tow of our ACs here to scream "piracy", "think about the children" and some such drivel and tell us how well supported authors are by Big Publishing. )
Of course in a rational world VAT like sales taxes wouldn't exist but that's a debate for another time. :)
On the post: Don't You Dare Show Olympic Spirit In The UK
Re: Re:
On the post: Don't You Dare Show Olympic Spirit In The UK
Re:
On the post: Don't You Dare Show Olympic Spirit In The UK
Re: We had the same problem
All this IP shit by the Olympics really got started with the LA games where, among other things, they charged around collecting fees from everyone anywhere near infringing in that part of California demanded they close down or pay an enormous fee. That was part of the reason for the profit there. Well profit in the same way Vancouver/Whistler made a profit.
And you can bet your sweet bippie that the same shit is happening in Greater London right now.
On the post: If People Won't Pay A Monthly Fee For Facebook, Why Would They Pay For Newspapers?
Re: Shortsighted history repeating itself
IBM wasn't dismissive of software when the MS/IBM split occurred. Over simplified they both wanted control of the hardware platform that Windows or OS/2 ran on. MS, having learned very, very well about how to be the alpha predator came out on top of that one.
Yeah, MS came out on top of that one though not for the reasons you outline.
Which brings us back to paywalls and why people aren't buying into them for newspapers. Newspapers overvalue their content which is freely available elsewhere, particularly their rewrites or cut and paste inserts of content from news wires line AP, Reuters, CP and others, television, cable and other sources.
This example illustrates that there's a price where compulsive Facebook users will no longer stay if they have to pay it to get there. In this case it was a choice between $1 and $10 at the higher number a lot of them said "not me!". That seems the price where Facebook's content is overvalued.
For newspapers that price is much, much lower. Unless you're the WSJ, maybe the NYT and can trade on a specialized audience, a past reputation as a paper of record or something as important. Most papers are neither. Some used to be. Before consolidation in the 70's through 90s gutted editorial staff to pay for mergers that never paid for themselves.
I don't see Facebook going the paywall route if, for no other reason, than the data mining about their users to support apps and ads is far too valuable as it stands without going a route known to reduce traffic. Even if the data collected is 100% unlinkable to a specific user.
The students are quite clear that they value Facebook content over newspaper and news media content by saying they'd pay $1 month "membership" fee there while they are doing no such things at news media sites.
On the post: Newly Revealed Negotiating Documents Show How US Companies Had Excessive Input On ACTA
Just Who Is Minding The Store Here?
It's a question I can't answer anymore.
It certainly seems that the inmates have taken control of the asylum judging from SOPA/PIPA and now ACTA/TPP.
It seems the USTR needs to be renamed HollywoodTR. Either that or there is truly no point in taking part in the American elections this fall as it doesn't matter who wins because we have now discovered who is really in charge.
I pray I'm proved wrong.
On the post: Fox Issues DMCA Takedown To Google Over SF Chronicle Article... Claiming It Was The Movie 'Chronicle'
Around and around it goes
Now BayTSP steps up to take the vacant position of copyright troll perhaps somewhat more intelligently than it's successor/
Perhaps not.
BayTSP, who swear in their automated statement that their automated "The Program" will identify only the guilty. Yet this indicates that it operates on keywords and little more. I can't see any other way it confused the SF Chronicle with the movie.
What surprises me even more is that "The Program" didn't catch that well known pirate CS Lewis and his obvious misuse of the movie name in "The Chronicles of Narnia". This sort of rampant piracy just can't be allowed to continue!!!!
/s
On the post: No, The RIAA Is Not Asking For $72 Trillion From Limewire (Bad Reporters, Bad)
Oh No, Not That! Never That!
They'd become "Big Search", "Big Social Media" and all the other things they claim to hate and that exist only to fund and support piracy!
The only thing worse would be if they bought out Kickstarter, too, so they could become "Big DRM"!
What on Earth would bob do? What could he troll about anymore? What new "histories" would or could he invent if that ever happened.
Forget the children!
Think about bob! O the trauma, the shock, the Post Traumatic Stress Syndrome bob would suffer!
We'd never see bob again...
Hold on. Just a moment.
...
Let me think about that...
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