Re: Re: Re: Re: Re: Only Beer Worth Drinking.......
Oy BLASPHEMER!!!! What you got against Vegemite?
I suppose you hate Jam (conserve to you weird Americans who like flavoured gelatin and call it jelly) and Scones (A light fluffy baked dough not the crap you serve with LARD!!!!) and cream (whipped and served by the BIG spoonful)
Vegemite is the food of the Gods and BEER be its liquid accompaniment!
approx 60,000 lawyers (practicing and non-practicing) in Australia. This includes solicitors, Barristers and Judges - basically anyone who holds an LLB
This is around 1:400 though it's actually more since that is looking at the full 60K as practicing when in fact solicitors/barristers who are actually registered to practice law in each state is way way less. A lot of CEO's hold law degrees, even some Digital Forensic consultants (*waves*) and are too cynical to practice and would be found in contempt too much :)
added the case showed that Australia needed a separate, specialised court that would make it less costly to prosecute those who downloaded or distributed copyright infringing material
The case in question he is referring to firstly was NOT an Australian case and was PURELY British based on British and NOT Australian legislation. In fact Copyright Legislation in criminality matters bares little resemblance to British law and has for quite some time.
"It's high time that a specialist small claims tribunal be established to deal with low-level criminal and civil [copyright] infringements [in Australia],"
As a former LEO Speck absolutely knows that there are no such things as 'low-level' (commonly called misdemeanors) anymore under Australian Criminal laws (neither Federally or State based). All criminal offenses are dealt with EXCLUSIVELY by criminal courts NO EXCEPTIONS. A small claims court which is based on a tribunal model and does away with certain aspects of evidential rules (ie: Hearsay) and also works on "Balance of probabilities" can no more be a trier of a criminal prosecution than a criminal court can of a civil tort. ie: NEVER the twain shall meet
Mr Speck, who was once the head of ARIA's music industry piracy investigations unit, said. Draw your own conclusions of bias - I know myself and 25million other Australians have
"The vast majority of victims of copyright infringement can't afford to go before a court in this country. It's incredibly expensive to prosecute a case and it's very easy to stifle a civil or criminal prosecution," he added.
LOLOLOLOLOLOLOLOLOLOLOLOLOL BULLSHIT!
There are two problems with the above conflating statement of Beck's. Firstly that an alleged victim has to pay for prosecutorial costs in a criminal case - They don't. The State pays instead and this is the actual point of criminal law and why such things as discretion for de minimus acts are allowed to both Prosecutors, LEO's and Courts!
Secondly, if a person has been damaged by an alleged breach of their copyright they can bring the matter to CIVIL claims courts already, prove upon balance that it occurred and then if appropriate DAMAGES and costs will be awarded by the court TO THE LOSING SIDE!
Speck seems to think, and from dealings with him in the past this is very prevalent, that Australia is living in some parts of America where Statutory Damages for copyright exist - THEY DON'T IN AUSTRALIA, Where there are exorbitant costs for litigation - THERE ISN'T Due to our tort reform systems, where procedural fairness and natural justice are not the foundation stones of the legal system, and where downloading of copyright material unless in commercial quantities and for commercial purposes is illegal - it's only unlawful (ie: civil ONLY NOT Criminal)
As for a small claims court, no judges are involved and normally its at most a Magistrate (solicitor who has been chosen by legal peers to be a trier of 'facts') though normally a Register (has no law degree and is head of the clerks). Oh and it's a 'non adversarial' system where solicitors/attorneys are not normally used on EITHER side in fact are frowned upon.
As for the ease at which Speck assumes its "easy to stifle a civil or criminal prosecution" - this makes me pause and wonder how much he has been watching Underbelly, LA Law and other fantasies or has had, or allowed, corrupt input/influence into his own criminal cases as an LEO.
(Oh and for those who doubt the existence of such a creature I would point out that that link is to the Official Australian Museum site endorsed by the Australia Federal Government - how much more proof do you need! Our Govt says it is true so it must be... oh wait)
Pistols, Shotguns and other firearms are all MOSTLY used to break the law too. Though it seems Americans are not willing to remove those? But to you TOR is different because 'the internet'
Vehicles are mostly used to break the law too, so are masks, and even... WORDS! Which one will you decide to ban next?
Or like the Sony doctrine is the justification that it could be used for nefarious purposes overridden by its legitimate usages for you?
Think carefully, because us who have been in the industry of both IT, Government & law enforcement for a long long time know what WILL occur if people like yourself get there way and restrict usage to things that are too easily controlled and abused by those with power, egos, and evil intent to control the serfs.
Notice the "DMCA" part? In New Zealand, there is no DMCA law, which means in fact that any claim of copyright infringement could in fact lead directly to a lawsuit - WITHOUT NOTIFICATION. That companies extend the courtesy outside of the US to send them notification is a positive things, and not a negative things.
Lets put this in the real perspective shall we.
US Companies do NOT extend any courtesy whatsoever in fact the only reason they do so is becasue they are very worried and absolutely hate the New Zealand legal systems requirement of LOSER PAYS! Australia has the same requirement!
See if a bogus copyright dispute is taken to court and the alleged copyright owner (plaintiff) loses the case then court costs including solicitor fees are awarded AGAINST them and they HAVE to pay. the MPAA et.al found out this at their peril in regards to iiNet ;)
So the only courtesy they have is the courtesy not to flood the court with bogus claims because they know they will wear the costs.
As for getting served without notice.. NOPE again you are wrong, there are specific procedural motions that need to go through before a lawsuit could even commence. Procedural Fairness is a big thing in New Zealand, Australia and countries with pure democracies you see. Unlike the USA.
Oh and great use of an ad hominem in declaring that any hosting company that refuses to kowtow to the USA's jurisdictionally anomalous DMCA legislation is somehow not honest. *slow clap*
Kim Dotcom either owns part of that site, or is paying them for publicity [..]
Does the phrase "stepped on your crank" mean anything to you? because you have now totally done it..
You really have no freakin idea what or whom runs Torrent Freak do you? And by that statement of yours you have absolutely discredited yourself and shown you have absolutely no - if there was any to start with - credibility WHATSOEVER!
Just wow... The conspiracy theories are strong with you aren't they! Maybe you should join people like Kimberlin, Crystal Cox, and Ayyadurai and make a Club! You'll fit in well
The DMCA doesn't concern Dotcom here since he is not under it's jurisdiction (and neither are IFPI).
See this can become a major problem now IFPI under NZ civil law and maybe criminal as well if they signed a document that can be construed to be the same as signing something under the Oaths Act.
Most people have this strange assumption that if you ignore a knowingly bogus DMCA you are somehow still liable.
Also to note is MEGA is an organisation of New Zealand. The DMCA is a USA ONLY LEGISLATION and has NO BEARING whatsoever on non US entities and is worth basically squat.
Interestingly whether this is a mistake or not Dotcom (and to a lesser extent Mega) now has a cause of action against IFPI under NZ law. Hopefully he will take them to task.
Very true.. I was running a Fidonet node in Aust (Zone 3) in 86 and vividly remember it.
It was admittedly bigger than BITNET but was only developed in 84.
Though is considered to be the first E-mail network (not application) for IBM Compatible computers.
Though Electronic mail has been around in some form (or concept) since computers (and actually before) have ever been connected together. In fact AUTODIN provided a very basic messaging system way back in early 60's.
Here this might show you WHY torture is still classified as a wrong and the SAME wrong as what ISIS is doing.
In fact one could argue that a beheading is an act of murder and is permanent. Whereas torture is an ongoing pain and emotional distress that will last with the person for the rest of their natural life.
Personally in the wider scheme of Evils torture is probably worse and the World agrees!
any action of wrong needs to be instantly prosecuted if known and those alleged to of done so brought to be tried for those crimes. This is what 'whatever' doesn't understand and thinks well "they are not doing it anymore why does anyone care" and you are supporting.
This is EXACTLY about what happened during WW2 with Nazi Germany, then straight afterwards with the Nuremburg Trials then has continued to be an ongoing hunt for War criminals that were active within WW2 and in other actions (sometimes police actions by the USA).
This is NOT about trolling but instead the USA stating that they can do whatever the fuck they want to anyone because well.. FUCK YOU! but anyone else has to kowtow to their line of hypocritical bullshit unethical reasoning.
I'm certain ninja wasn't stating they were Nazi's... though I will state unequivocally that they are VERY MUCH like how the Nazi's justified there atrocities to the world afterwards.
If it quacks like a duck... etc etc.. and at the moment how the USA is treating the rest of the world... well I'm hearing a lot of quacking from you and others justifying your actions and the actions of those YOU ARE ALL protecting.
Remember harbouring a criminal (esp extreme crimes like torture etc) is also an offense!
But publicly flogging them for it (especially considering that those who authorized and actually did the dirty work are long gone) doesn't really go very far towards fixing the problem.
Actually this is a very US centric opinion, since in the eyes of the rest of the world calling the US out for there torture actions is very much a good thing.
I'm yet to see a statute of limitations on torture ANYWHERE other than probably the USA (good to keep yourselves covered hey) so stating that these people are 'long gone' is basically saying that you will not allow hem to be fully accountable for their actions. This is the epitome of hypocrisy.
On the post: Breweries Fight Over Trademark Of Hikers That Don't Look Alike
Re: Re: Meh, beer, who gives a frak?
On the post: Breweries Fight Over Trademark Of Hikers That Don't Look Alike
Re: Re: Re: Re: Re: Only Beer Worth Drinking.......
I suppose you hate Jam (conserve to you weird Americans who like flavoured gelatin and call it jelly) and Scones (A light fluffy baked dough not the crap you serve with LARD!!!!) and cream (whipped and served by the BIG spoonful)
Vegemite is the food of the Gods and BEER be its liquid accompaniment!
On the post: Breweries Fight Over Trademark Of Hikers That Don't Look Alike
Re: Meh, beer, who gives a frak?
*Sings the beer song over and over*
On the post: Former Head Of Australian Music Industry's Anti-Piracy Efforts Calls For An Infringement Small Claims Court
Re: Re: How about a trade?
This is around 1:400 though it's actually more since that is looking at the full 60K as practicing when in fact solicitors/barristers who are actually registered to practice law in each state is way way less. A lot of CEO's hold law degrees, even some Digital Forensic consultants (*waves*) and are too cynical to practice and would be found in contempt too much :)
On the post: Former Head Of Australian Music Industry's Anti-Piracy Efforts Calls For An Infringement Small Claims Court
Re: Fair is fair...
This is why the RIAA/MPAA/ARIA's of the world cannot stand democratic justice systems
On the post: Former Head Of Australian Music Industry's Anti-Piracy Efforts Calls For An Infringement Small Claims Court
added the case showed that Australia needed a separate, specialised court that would make it less costly to prosecute those who downloaded or distributed copyright infringing material
The case in question he is referring to firstly was NOT an Australian case and was PURELY British based on British and NOT Australian legislation. In fact Copyright Legislation in criminality matters bares little resemblance to British law and has for quite some time.
"It's high time that a specialist small claims tribunal be established to deal with low-level criminal and civil [copyright] infringements [in Australia],"
As a former LEO Speck absolutely knows that there are no such things as 'low-level' (commonly called misdemeanors) anymore under Australian Criminal laws (neither Federally or State based). All criminal offenses are dealt with EXCLUSIVELY by criminal courts NO EXCEPTIONS. A small claims court which is based on a tribunal model and does away with certain aspects of evidential rules (ie: Hearsay) and also works on "Balance of probabilities" can no more be a trier of a criminal prosecution than a criminal court can of a civil tort. ie: NEVER the twain shall meet
Mr Speck, who was once the head of ARIA's music industry piracy investigations unit, said.
Draw your own conclusions of bias - I know myself and 25million other Australians have
"The vast majority of victims of copyright infringement can't afford to go before a court in this country. It's incredibly expensive to prosecute a case and it's very easy to stifle a civil or criminal prosecution," he added.
LOLOLOLOLOLOLOLOLOLOLOLOLOL BULLSHIT!
There are two problems with the above conflating statement of Beck's. Firstly that an alleged victim has to pay for prosecutorial costs in a criminal case - They don't. The State pays instead and this is the actual point of criminal law and why such things as discretion for de minimus acts are allowed to both Prosecutors, LEO's and Courts!
Secondly, if a person has been damaged by an alleged breach of their copyright they can bring the matter to CIVIL claims courts already, prove upon balance that it occurred and then if appropriate DAMAGES and costs will be awarded by the court TO THE LOSING SIDE!
Speck seems to think, and from dealings with him in the past this is very prevalent, that Australia is living in some parts of America where Statutory Damages for copyright exist - THEY DON'T IN AUSTRALIA, Where there are exorbitant costs for litigation - THERE ISN'T Due to our tort reform systems, where procedural fairness and natural justice are not the foundation stones of the legal system, and where downloading of copyright material unless in commercial quantities and for commercial purposes is illegal - it's only unlawful (ie: civil ONLY NOT Criminal)
As for a small claims court, no judges are involved and normally its at most a Magistrate (solicitor who has been chosen by legal peers to be a trier of 'facts') though normally a Register (has no law degree and is head of the clerks). Oh and it's a 'non adversarial' system where solicitors/attorneys are not normally used on EITHER side in fact are frowned upon.
As for the ease at which Speck assumes its "easy to stifle a civil or criminal prosecution" - this makes me pause and wonder how much he has been watching Underbelly, LA Law and other fantasies or has had, or allowed, corrupt input/influence into his own criminal cases as an LEO.
On the post: Internet Slowdown Day Generated 1,000 Calls Per Minute To Congress
I give you the Drop bear (Thylarctos plummetus).
Somebody think of the Koalas!
(Oh and for those who doubt the existence of such a creature I would point out that that link is to the Official Australian Museum site endorsed by the Australia Federal Government - how much more proof do you need! Our Govt says it is true so it must be... oh wait)
On the post: Tor Asks For Help In Keeping Net Anonymity As An Option For Anyone, At Any Site
Re: Re: Re: Re: Really?
Vehicles are mostly used to break the law too, so are masks, and even... WORDS! Which one will you decide to ban next?
Or like the Sony doctrine is the justification that it could be used for nefarious purposes overridden by its legitimate usages for you?
Think carefully, because us who have been in the industry of both IT, Government & law enforcement for a long long time know what WILL occur if people like yourself get there way and restrict usage to things that are too easily controlled and abused by those with power, egos, and evil intent to control the serfs.
On the post: Record Labels Issue Takedown To Take Kim Dotcom's Album Down From His Own Site
Re: Re: Re: Re: Re: Re: Re:
Nope I think you are a complete & hypocritical confabulating malcontent as well.
So again you are wrong.
Sucks to be you hey?
On the post: Record Labels Issue Takedown To Take Kim Dotcom's Album Down From His Own Site
Re: Re: Re: Re: Re: Re:
Lets put this in the real perspective shall we.
US Companies do NOT extend any courtesy whatsoever in fact the only reason they do so is becasue they are very worried and absolutely hate the New Zealand legal systems requirement of LOSER PAYS! Australia has the same requirement!
See if a bogus copyright dispute is taken to court and the alleged copyright owner (plaintiff) loses the case then court costs including solicitor fees are awarded AGAINST them and they HAVE to pay. the MPAA et.al found out this at their peril in regards to iiNet ;)
So the only courtesy they have is the courtesy not to flood the court with bogus claims because they know they will wear the costs.
As for getting served without notice.. NOPE again you are wrong, there are specific procedural motions that need to go through before a lawsuit could even commence. Procedural Fairness is a big thing in New Zealand, Australia and countries with pure democracies you see. Unlike the USA.
Oh and great use of an ad hominem in declaring that any hosting company that refuses to kowtow to the USA's jurisdictionally anomalous DMCA legislation is somehow not honest. *slow clap*
On the post: Record Labels Issue Takedown To Take Kim Dotcom's Album Down From His Own Site
Re: Re: Re:
Does the phrase "stepped on your crank" mean anything to you? because you have now totally done it..
You really have no freakin idea what or whom runs Torrent Freak do you? And by that statement of yours you have absolutely discredited yourself and shown you have absolutely no - if there was any to start with - credibility WHATSOEVER!
Just wow... The conspiracy theories are strong with you aren't they! Maybe you should join people like Kimberlin, Crystal Cox, and Ayyadurai and make a Club! You'll fit in well
On the post: Record Labels Issue Takedown To Take Kim Dotcom's Album Down From His Own Site
Re: Re: Re: Re:
The DMCA doesn't concern Dotcom here since he is not under it's jurisdiction (and neither are IFPI).
See this can become a major problem now IFPI under NZ civil law and maybe criminal as well if they signed a document that can be construed to be the same as signing something under the Oaths Act.
On the post: Record Labels Issue Takedown To Take Kim Dotcom's Album Down From His Own Site
Re: Re: Re:
Most people have this strange assumption that if you ignore a knowingly bogus DMCA you are somehow still liable.
Also to note is MEGA is an organisation of New Zealand. The DMCA is a USA ONLY LEGISLATION and has NO BEARING whatsoever on non US entities and is worth basically squat.
Interestingly whether this is a mistake or not Dotcom (and to a lesser extent Mega) now has a cause of action against IFPI under NZ law. Hopefully he will take them to task.
On the post: Why Is Huffington Post Running A Multi-Part Series To Promote The Lies Of A Guy Who Pretended To Invent Email?
Re: Re: It's even worse...
It was admittedly bigger than BITNET but was only developed in 84.
Though is considered to be the first E-mail network (not application) for IBM Compatible computers.
Though Electronic mail has been around in some form (or concept) since computers (and actually before) have ever been connected together. In fact AUTODIN provided a very basic messaging system way back in early 60's.
On the post: Is It Torture Now? ISIS Apparently A Fan Of CIA's Waterboarding Techniques
Re: Re: Whatever man.
Oh wait.. YOU assumed!!! though Nuremberg WAS NOT ONLY about the Jewish Atrocities but about all of Nazi Germany's war crimes.
On the post: Is It Torture Now? ISIS Apparently A Fan Of CIA's Waterboarding Techniques
Re: Re: Re: Re: Re: Silence and deflection
Here this might show you WHY torture is still classified as a wrong and the SAME wrong as what ISIS is doing.
In fact one could argue that a beheading is an act of murder and is permanent. Whereas torture is an ongoing pain and emotional distress that will last with the person for the rest of their natural life.
Personally in the wider scheme of Evils torture is probably worse and the World agrees!
Here's the "Combating Torture - A Manual for Judges and Prosecutors" link and points 5.4 - 5.5 & 5.16 - 5.19 are extremely relevant to this.
https://www.essex.ac.uk/combatingtorturehandbook/manual/5_content.htm
any action of wrong needs to be instantly prosecuted if known and those alleged to of done so brought to be tried for those crimes. This is what 'whatever' doesn't understand and thinks well "they are not doing it anymore why does anyone care" and you are supporting.
On the post: Is It Torture Now? ISIS Apparently A Fan Of CIA's Waterboarding Techniques
Re: Re: Re: Re: Silence and deflection
This is NOT about trolling but instead the USA stating that they can do whatever the fuck they want to anyone because well.. FUCK YOU! but anyone else has to kowtow to their line of hypocritical bullshit unethical reasoning.
I'm certain ninja wasn't stating they were Nazi's... though I will state unequivocally that they are VERY MUCH like how the Nazi's justified there atrocities to the world afterwards.
If it quacks like a duck... etc etc.. and at the moment how the USA is treating the rest of the world... well I'm hearing a lot of quacking from you and others justifying your actions and the actions of those YOU ARE ALL protecting.
Remember harbouring a criminal (esp extreme crimes like torture etc) is also an offense!
On the post: Is It Torture Now? ISIS Apparently A Fan Of CIA's Waterboarding Techniques
Re: Re: Silence and deflection
Actually this is a very US centric opinion, since in the eyes of the rest of the world calling the US out for there torture actions is very much a good thing.
I'm yet to see a statute of limitations on torture ANYWHERE other than probably the USA (good to keep yourselves covered hey) so stating that these people are 'long gone' is basically saying that you will not allow hem to be fully accountable for their actions. This is the epitome of hypocrisy.
On the post: ALS Association Tries To Trademark Ice Bucket Challenge, Despite Having Nothing To Do With It Originally
Re: gettin squirly - so fuck it kill me you FASCIST FUCKERS
http://www.systemcomic.com/comics/2011-08-03-madaboutsomething.jpg
On the post: ALS Association Tries To Trademark Ice Bucket Challenge, Despite Having Nothing To Do With It Originally
Re: Re:
Thou assume too much.. Oil my learned friend. Oil is ALWAYS the answer here ;)
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