The court makes clear that the test is subjective bad faith. Considering the fact that UMG has shown that they had a human consider the fair use argument--twice--before taking down the material, I don't see how they could possibly be found to be in subjective bad faith. So it's not just a "big hurdle to jump," the claim against UMG is just not supported by the facts. That hasn't kept the EFF from pounding this case into the pavement.
And it seems to me that your critique of ECPA isn't so much that ECPA's language is so outdated that it can't be applied to new technologiesm, but rather you don't like the distinctions ECPA draws (between in transit data and stored data).
Exactly. When the line drawn isn't the one he wants, it's the stupid-old-outdated-law-and-the-corrupt-imbeciles-in-Congress's fault. Those idiots are never right--except when they do get something right, but then, that's usually just a mistake.
All I know is that this country sucks and I hate everything about it and I'm going to complain about every little thing ever! Oh wait, that's not me. That's Techdirt.
LOL! Fact: I will discuss any issue about copyright law at any time with Mike. Fact: Mike will not discuss certain issues of copyright law with me or anyone else ever. The only one running away is him.
LOL! Look, I just want Mike to engage me and others who challenge him on the merits. Considering how extremist his views are, it should come as no surprise that me and many others are interested in discussing his views with him. Cracks me up no end that he rips others apart for a living, but he himself runs off like a child when challenged. Keep believing his bullshit excuse, Karl, but the fact is that he won't discuss certain issues with me, or anyone else who goes there, because Mike refuses to be pinned down on almost all of the core issues. He's playing games, and he can't stand it when someone calls him out. Just look at how crazy it makes him when I challenge him. Funny how he'll never, just even once, just have a direct discussion with me. If you can't tell that he's running away, I have a bridge you should look at.
LOL! I truly don't understand why you're so defensive about Mike. The fact remains that he runs away from debate from me. All he has are excuses, excuses, excuses. That is a fact.
All he has to do is prove me wrong by actually having a discussion with me where he tackles the issues head on. He never, ever will because he's a coward and a liar.
Fact: Mike will bitch and moan about every perceived "victim" of the six strikes program--no matter how remote the issue, if it can possibly be spun as even suggesting anything conceivably negative it will be glorified and hyper-focused on as if the "only true way; the universe incarnate." LOL! His reaction is so ridiculous and predictable that I can already write the headlines now. No matter what happens, if even one shred of one story discredits the program in even the slightest way, that will be headline story that is run on Techdirt as the most important story on the internet ever. This site is such a predictable joke that it's just sad.
Can't wait for all the whining to begin. You know the zealots will be salivating for any story they can prance on that discredits the program. Any and every single sliver of a story will be blown up to ridiculous proportions. There won't be any fairness or balance in the "reporting." Mike's already chomping at the bit.
LOL! Huh? The truth is that Mike Masnick runs from criticism and debate like no other. I'm ready to discuss the difficult issues with him any place, any time, any where. He's the one that runs off like a little child.
So let me see if I have this right. Megaupload files a motion to dismiss, arguing that process can never be served upon it. The court denies the motion, pointing out that process can one day be served. In a footnote, the court notes that it's weird that Megaupload didn't just ask for a dismissal because of the fact that it hadn't been served, notwithstanding the argument that they couldn't be served. Megaupload now pretends that, even though they didn't make that obvious argument in their motion, they did mention it at oral argument, so the court should consider that motion to have already been made.
Great lawyering here. How many thousands of dollars an hour is he paying them?
Huh? So you think the pirates, who made the conscious decision to violate the property rights of another, are the victims? Sweet. Can I "victimize" your property rights? It'd be your fault that I chose to violate your right! I'm just a victim!
Wow, really? I know they say something along the lines of "settle or be sued." There's nothing wrong with offering to settle with someone against whom you have evidence of wrongdoing.
Due process is not violated here. You guys love to throw out the "violates due process!" FUD, having learned to do so from your anti-copyright zealot leader, but none of you appear able to run through the analysis.
Pray tell, how is the Due Process Clause being violated here? Please be specific.
I don't know what the letters say, but there's nothing wrong with saying "settle now, or perhaps face us in court." It's not extortion to threaten a legal course of action.
I'm only speculating that there are so many thousands of defendants violating the plaintiff's rights that the plaintiff doesn't have the resources or ability to actually engage each defendant one-on-one. That doesn't mean it's not about rights violations. It is. There's prima facie evidence that the subscriber of the IP address is an infringer. The settlement offers are being made in good faith.
On the post: Dancing Baby Video Fight Heads Back To Court: Will A Bogus Takedown Finally Get Punished?
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On the post: Why Regulations Aimed At Technology Almost Always Suck: Or Why Reading Someone's Gmail Isn't Reading 'Stored Communications'
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Exactly. When the line drawn isn't the one he wants, it's the stupid-old-outdated-law-and-the-corrupt-imbeciles-in-Congress's fault. Those idiots are never right--except when they do get something right, but then, that's usually just a mistake.
All I know is that this country sucks and I hate everything about it and I'm going to complain about every little thing ever! Oh wait, that's not me. That's Techdirt.
On the post: Megaupload Renews Request For Criminal Charges To Be Temporarily Dismissed; Reminds Judge Of Earlier Request
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On the post: Megaupload Renews Request For Criminal Charges To Be Temporarily Dismissed; Reminds Judge Of Earlier Request
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On the post: Megaupload Renews Request For Criminal Charges To Be Temporarily Dismissed; Reminds Judge Of Earlier Request
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LOL! I truly don't understand why you're so defensive about Mike. The fact remains that he runs away from debate from me. All he has are excuses, excuses, excuses. That is a fact.
All he has to do is prove me wrong by actually having a discussion with me where he tackles the issues head on. He never, ever will because he's a coward and a liar.
At least you're honest, Karl.
On the post: Hollywood Star Rosario Dawson Speaks Out Against Hollywood's 'Six Strikes' Plan
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On the post: Hollywood Star Rosario Dawson Speaks Out Against Hollywood's 'Six Strikes' Plan
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I love torrentfreak. They are honest about their beliefs. Thanks for the link.
On the post: Hollywood Star Rosario Dawson Speaks Out Against Hollywood's 'Six Strikes' Plan
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On the post: Hollywood Star Rosario Dawson Speaks Out Against Hollywood's 'Six Strikes' Plan
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On the post: Hollywood Star Rosario Dawson Speaks Out Against Hollywood's 'Six Strikes' Plan
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There are hundreds of thousands of musicians and actors that do not want their work taken without permission.
You never talk about that majority though.
You only laud those that support your pro-piracy agenda.
You are truly a sociopath.
Amen.
On the post: Megaupload Renews Request For Criminal Charges To Be Temporarily Dismissed; Reminds Judge Of Earlier Request
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LOL! Huh? The truth is that Mike Masnick runs from criticism and debate like no other. I'm ready to discuss the difficult issues with him any place, any time, any where. He's the one that runs off like a little child.
On the post: Megaupload Renews Request For Criminal Charges To Be Temporarily Dismissed; Reminds Judge Of Earlier Request
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On the post: Megaupload Renews Request For Criminal Charges To Be Temporarily Dismissed; Reminds Judge Of Earlier Request
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On the post: Megaupload Renews Request For Criminal Charges To Be Temporarily Dismissed; Reminds Judge Of Earlier Request
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On the post: Megaupload Renews Request For Criminal Charges To Be Temporarily Dismissed; Reminds Judge Of Earlier Request
Great lawyering here. How many thousands of dollars an hour is he paying them?
On the post: Judge Calls Copyright Troll's Bluff
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On the post: Judge Calls Copyright Troll's Bluff
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On the post: Judge Calls Copyright Troll's Bluff
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Due process is not violated here. You guys love to throw out the "violates due process!" FUD, having learned to do so from your anti-copyright zealot leader, but none of you appear able to run through the analysis.
Pray tell, how is the Due Process Clause being violated here? Please be specific.
On the post: Judge Calls Copyright Troll's Bluff
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On the post: Judge Calls Copyright Troll's Bluff
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