Sadly, as long as there are still appeal options for the losing party (the big guys with lots of money) there are no solutions for the little guy. Once all appeals are exhausted, you might be able to recover all or most of your legal costs in the end, but it is a pretty sad "remedy", especially if you had to declare bankruptcy in the mean time.
It is disturbing how many people view basic freedoms such as the right to speak freely and the right to defend yourself. Why would anyone want to limit such freedoms?
The problem with your line of reasoning is that if the works were licensed, then no crime was committed and thus the seizure of the domain was not justified in any way whatsoever.
You have still not provided one key fact to support your argument. Where is the evidence of "wholesale copyright infringement"? Like I said already, the DOJ was not able to provide such evidence. Neither was the RIAA. If your whole argument is going to hinge on something like that, you might want to provide supporting evidence.
Moreover, even if dajazq1's use turns out to be authorized via a license, the First Amendment is still not in issue since licensed use is protected by the license not the First Amendment
If the music was licensed, then there was no crime committed. If no crime was committed, then Dajaz1 had its whole blog censored for no reason at all. How in the world does that make it NOT a First Amendment issue?
Websites can be expression but it is the particular circumstances that determine it.
While that is in itself a true statement, there is nothing in the Arcara case that specifically allows the seizure of a domain name or website. As I said before, there are two factors that were key to the Arcara case that are completely absent from the Dajaz1 case:
1) The crime behind the closure of the book store was not a crime of expression. Meaning the crime was not protected by the First Amendment.
2) Closing the bookstore was the least restrictive means of ending the criminal activity.
Wholesale copyright infringement contains no First Amendment-protected element.
Where is the evidence of such "wholesale copyright infringement"? The DOJ was unable to find any evidence of it, hence the return of the domain. The RIAA was unable to find any evidence of it, hence the ignoring the DOJ's questions.
As for your claim that copyright infringement is not expressive, I would suggest you do a little more study on fair use and its implications here. The work that Dajaz1 could very well be protected under a fair use defense. To completely blow off that as you are is ignorant at best.
Depends on how the "infringing" content is used. If it is posted in order to write a review on the content, then it could very well be considered a fair use. Fair use constitutes a wide area of protected uses of copyrighted works. There is no black and white here. There is a lot of grey.
Wrong. The book store lost the order because of two factors that do not exist in the Dajaz1 case:
1) The crime behind the closure of the book store was not a crime of expression. Meaning the crime was not protected by the First Amendment.
2) Closing the bookstore was the least restrictive means of ending the criminal activity.
The Dajaz1 case does not meet either of those criteria. The "crime" that Djaz1 was accused of was expressive and falls under the First Amendment. Additionally, seizing the domain was not the least restrictive means of endin the "crime". The least restrictive means would have been sending DMCA takedown notices.
Arcara does not allow for the closure of a book store because one or more books it sells is illegal. It does not allow the closure of a movie store because one or more movies are illegal. It does not allow for the closure of a website because one or more entries are illegal.
What is relevant here is whether or not the Nest product infringes one or more of the patents being asserted by Honeywell. If it does, all the "coolness" in the world is of no moment.
The "coolness" of the Nest thermostat is only part of Nest's defense. The key part of Nest's defense is similar to your "relevant" question. That is the question of the validity of Honeywell's patent. Nest is arguing that Honeywell's patents are invalid due to a variety of factors including prior art. The fact that you ignore that just shows that you are ignoring the greater issues in the patent scene.
Great musicians know that without fans they are nothing. If no one is willing to listen to your music, you will never be able to be anything more than a hobbyist. If someone wants to be a successful musicians, they need fans. Whether those fans are your everyday music loving people, commercial producers looking for the next jingle or movie/tv producers looking for a good score for their film, the musician need them to be successful.
I am sure it is relatively easy to win fans in the music licensing scene as they are looking for good music that fits the theme of the film/tv show/ commercial. However, it is far more difficult for someone to win fans in the general public without putting themselves out there and connecting with those fans.
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Re: Maximalist absurdities.
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Moreover, even if dajazq1's use turns out to be authorized via a license, the First Amendment is still not in issue since licensed use is protected by the license not the First Amendment
If the music was licensed, then there was no crime committed. If no crime was committed, then Dajaz1 had its whole blog censored for no reason at all. How in the world does that make it NOT a First Amendment issue?
On the post: Congress Begins To Wonder Why ICE & DOJ Censored A Popular Hip Hop Blog For A Year
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On the post: Congress Begins To Wonder Why ICE & DOJ Censored A Popular Hip Hop Blog For A Year
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While that is in itself a true statement, there is nothing in the Arcara case that specifically allows the seizure of a domain name or website. As I said before, there are two factors that were key to the Arcara case that are completely absent from the Dajaz1 case:
1) The crime behind the closure of the book store was not a crime of expression. Meaning the crime was not protected by the First Amendment.
2) Closing the bookstore was the least restrictive means of ending the criminal activity.
On the post: Congress Begins To Wonder Why ICE & DOJ Censored A Popular Hip Hop Blog For A Year
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Where is the evidence of such "wholesale copyright infringement"? The DOJ was unable to find any evidence of it, hence the return of the domain. The RIAA was unable to find any evidence of it, hence the ignoring the DOJ's questions.
As for your claim that copyright infringement is not expressive, I would suggest you do a little more study on fair use and its implications here. The work that Dajaz1 could very well be protected under a fair use defense. To completely blow off that as you are is ignorant at best.
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On the post: Congress Begins To Wonder Why ICE & DOJ Censored A Popular Hip Hop Blog For A Year
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1) The crime behind the closure of the book store was not a crime of expression. Meaning the crime was not protected by the First Amendment.
2) Closing the bookstore was the least restrictive means of ending the criminal activity.
The Dajaz1 case does not meet either of those criteria. The "crime" that Djaz1 was accused of was expressive and falls under the First Amendment. Additionally, seizing the domain was not the least restrictive means of endin the "crime". The least restrictive means would have been sending DMCA takedown notices.
Arcara does not allow for the closure of a book store because one or more books it sells is illegal. It does not allow the closure of a movie store because one or more movies are illegal. It does not allow for the closure of a website because one or more entries are illegal.
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The "coolness" of the Nest thermostat is only part of Nest's defense. The key part of Nest's defense is similar to your "relevant" question. That is the question of the validity of Honeywell's patent. Nest is arguing that Honeywell's patents are invalid due to a variety of factors including prior art. The fact that you ignore that just shows that you are ignoring the greater issues in the patent scene.
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I am sure it is relatively easy to win fans in the music licensing scene as they are looking for good music that fits the theme of the film/tv show/ commercial. However, it is far more difficult for someone to win fans in the general public without putting themselves out there and connecting with those fans.
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