For some reason, the 2015 responses are linked in the piece, but they answered our (TorrentFreak's) 2016 questions for this years piece, which would be more relevant
"These laws are in direct violation of the union/company contract"
Yeah... laws don't work like that. You can't write a contract that violates the law and then go 'the law doesn't apply, my private contract superceeds that'.
"and the poles are privately owned" ... on public easements, and erected through compliance with laws and regulations that allow for changes to outside access to be made.
Is it just me, or does that sound a tad bit like collusion to restrict competition in a marketplace by exploiting dominant positions in the market.
Section 2 of the Sherman act - "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several State..." Certainly sounds like it applies to the NCJPA
Another fun thing I've heard in relation to the merger. AT&T has just laid off (or said it will have laid off by end of the year) over 1500 people who run DirecTV's 24hr telephone support. It's the 'work at home' people who work remotely via VPN's. Their claim is 'its a security issue', yet the people who do the jobs are on far more limited remote terminals (citrix) than those who work in a physical call center.
Oh jesus not this old hunk'a'horsehit again "I guess it is like Obamacare, you have to pass it if you want to read it"
NOT what she said. What she said was that basically, we won't know what's in the final bill, until the bill is final. Should be pretty self evident.
She delivered that speech on March 9 2010. Let me point out the timeline. * Passed the House October 8 2009 * Passed the Senate WITH AMENDMENTS December 24 2009 * House agrees to Senate amendments March 21 2010
Can you spot the point where the speech was made? If yu've spotted that before the speech, there were two different versions of the bill (the House, and the Senate) and that she, and everyone else wouldn't know what was in the bill at the end, until the house has passed or rejected the amendments, then congratulations, you've just understood basic US Government Legislation.
In other words, if the House hadn't agreed to the Senate amendments, the whole bill could have been rejected, gone to reconciliation, etc. No-one knows what would have ended up. And it was a lot closer on the March 21 vote (219-212) compared to the original version (416-0)
So every time someone trots out that misquote, it tells me either one of two things 1) They don't have a clue how the legislative process works 2) They're deliberately trolling.
Either way, it means that what you have to say is effectively worthless.
A derivative work of something in the public domain is still in the public domain. This requires no acknowledgement, or fair use. You can't infringe a non-existent copyright.
yeah, amazing that the description on HIS OWN SITE says nothing about them being accidental. I mean it's not like he could have changed that at some point...
Quite at odds with his statements to press at the time which says
'One of them must have accidentally knocked the camera and set it off because the sound caused a bit of a frenzy, said Slater, 46. 'At first there was a lot of grimacing with their teeth showing because it was probably the first time they had ever seen a reflection. 'They were quite mischievous jumping all over my equipment, and it looked like they were already posing for the camera when one hit the button. 'The sound got his attention and he kept pressing it 'At first it scared the rest of them away but they soon came back - it was amazing to watch. 'He must have taken hundreds of pictures by the time I got my camera back, but not very many were in focus. He obviously hadn't worked that out yet. 'I wish I could have stayed longer as he probably would have taken a full family album.'
In fact, if you look at the wayback machine, his story first appeared on his sitesometime before Feb 6 2015, but AFTER August 16 2014. Funny that. Especially since guess what happened in August 2014? That's right, that's when the US Copyright office issed the new guidelines saying 'photos by a monkey' can't be copyrighted.
BTW, other reason we know the tripod story is crap? Because some of the original photos he released, would have required said tripod to be under 3 inches tall. Just look at the very last one on the Daily Mail page, you can see the camera is pretty much at ground level, no tripod (also arms length, not THAT heavy). They also have other photos ,including one of slater trying to get his camera back. Hell, even the famous selfie is heavily angled, which indicates, you got it, NO TRIPOD. You know, since they can be heavy in themselves, and they would drag the shot 'straight', or force a tip-over if on the ground at that angle.
Remember this, Slater's a nobody photographer who got lucky when the camera was taken. This photo is, in his own words, worth a lot of money. Yeah, can TOTALLY see why he has no reason to lie about things.
by the act of strapping the camera to the monkey, you're essentially dictating the framing of the shot as being a 'monkey-POV', thus you have creative input into the shot.
That was not the case here, as the camera was left unattended, and the monkey controlled both the framing (handled and pointed it at will) and the timing (the shutter operation)
Of course, later, after he was turned down by the copyright office, Slater went and changed his story, claiming he deliberately set the camera up to be taken (giving him the element of creative input needed to get a copyright interest)
You know Kar's been there since the beginning, right? She was in the second pilot, so she predates Scottie.
Disclaimer - I was the safety guy for what led to the first pilot (JATO car) which happened during filming for BattleBots S2. Adam and Jamie, and Grant were competitors. Whoda thunk a bunch of drunk/bored robot guys in the Vegas desert screwing around would have led to that?
Until about 18 months ago, I lived in the rural Georgia area of Jasper County. It's pretty unremarkable except for its Tv/movie references, specifically its main town and surroundings where the location where the 91 film "My Counsin Vinny" was filmed (a film where two city boys were arrested for murdering a clerk at a store, based on the testimony of eyewitnesses, and facing the death penalty. Marissa Tomei won an oscar for her role, also the last role of Fred 'Munsters' Gwinn)
For those wondering 'why should I care' is that much of the film consists of defence attorney Joe Pesci cross examining/testing the various witnesses on the stand, to accurately assess their ability to tell the truth. We need to start doing this for drug dogs. A basic competency test. 5 test cars, some, all or none of them may have one or more pieces of contraband on them. The drug dog and its handler do a 'sweep' on them, and note their suspicions down in specifics. Missed alerts (say rover alerting on the trunk of a car with no contraband) will go significantly against the credibility of the dog, as would missing packages. Miss more than half of them, toss any case involving the dogs alerts, as they're essentially useless.
Needless to say, the tests would have to be run by outsiders, no pre-arranging the stashes, or tipping the wink when they're close by 'friends' of the dog's handler.
It's time sniffer dogs were actually made to prove their competency in blind testing, rather than treated like 'psychics' (where their hits are based as much on reading people as competency, and misses are always forgotten/glossed over)
Not from this court (it's a joint operation between the department of the interior and the federal court system iirc)
Remember, Wright referred them to the IRS and Us Attorneys office back in 2013, so who knows.
Also with preclusion, if a points argued in one court, it'd done and can't be re-argued in another. So a lot of what's done here in this court may be binding on him in others in sanctions actions and appeals. House of cards will fall.
it was an attempt by my at humour (made worse by the fact it was written at 3am)
With as many IP addresses targeted, at least one has to have been registered to a Hispanic gentleman named Jesus - ergo he "found Jesus [torrenting the porn they put on TPB]"
On the post: Daily Deal: 2-Yr Subscription For Private Internet Access VPN
2016 responses
https://torrentfreak.com/vpn-anonymous-review-160220/
On the post: Want To Tell The Copyright Office To Stop Abusive DMCA Takedowns? Here's How
My submission
So it's on scribd https://www.scribd.com/doc/306689571/Comments-on-the-DMCA-and-Section-512
On the post: Router Company Lazily Blocks Open Source Router Firmware, Still Pretends To Value 'Creativity'
Guess what I bought last week?
https://db.tt/2YX1Qa3F (since an IMG tag doesn't seem to be allowed)
On the post: ISPs Are Blocking Google Fiber's Access To Utility Poles In California
Re:
Yeah... laws don't work like that.
You can't write a contract that violates the law and then go 'the law doesn't apply, my private contract superceeds that'.
"and the poles are privately owned"
... on public easements, and erected through compliance with laws and regulations that allow for changes to outside access to be made.
On the post: ISPs Are Blocking Google Fiber's Access To Utility Poles In California
Section 2 of the Sherman act - "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several State..."
Certainly sounds like it applies to the NCJPA
On the post: Guy Who Pretends He Invented Email Whines At Every Journalist For Writing Obit Of Guy Who Actually Helped Create Email
On the post: Penis Pump Company Threatens To Report Techdirt To Interpol Because We Wrote About Its Bogus DMCA Demands
It's clear that he's making deceptive statements to sell a product, which I believe the FTC takes a very dim view of.
And yes I know he's in Madrid, but thats why you let the ftc deal with it.
On the post: AT&T Makes It Clear: It Bought DirecTV So It Doesn't Have To Upgrade Its Lagging Networks
On the post: A Tiny Cell With An Omnipresent Guard, Visitors Just Twice A Day: TAFTA/TTIP's German Transparency Room
Re: All I can say is wow!
"I guess it is like Obamacare, you have to pass it if you want to read it"
NOT what she said. What she said was that basically, we won't know what's in the final bill, until the bill is final. Should be pretty self evident.
She delivered that speech on March 9 2010. Let me point out the timeline.
* Passed the House October 8 2009
* Passed the Senate WITH AMENDMENTS December 24 2009
* House agrees to Senate amendments March 21 2010
Can you spot the point where the speech was made?
If yu've spotted that before the speech, there were two different versions of the bill (the House, and the Senate) and that she, and everyone else wouldn't know what was in the bill at the end, until the house has passed or rejected the amendments, then congratulations, you've just understood basic US Government Legislation.
In other words, if the House hadn't agreed to the Senate amendments, the whole bill could have been rejected, gone to reconciliation, etc. No-one knows what would have ended up. And it was a lot closer on the March 21 vote (219-212) compared to the original version (416-0)
So every time someone trots out that misquote, it tells me either one of two things
1) They don't have a clue how the legislative process works
2) They're deliberately trolling.
Either way, it means that what you have to say is effectively worthless.
On the post: How Lobbyists Turned Big US Education Reform Bill Into The 'No Copyright Propaganda Left Behind' Act
Don't know what you're getting worked up about.
"There has been no harm factually attributed to copyright piracy in independent studies, and many have shown benefits."
Simple, and dealt with.
NEXT!
On the post: Monkey See, Monkey Do, But Judge Says Monkey Gets No Copyright
Re: Re: Re: Re: Re: Other animals...
How about every news story at the time. Or how's about the press release BY HIM saying that. And he did a few interviews.
Oh, and I linked the wayback machine, his 'I set it up' story didn't appear until late 2014, after his rejection by the US Copyright office.
On the post: Monkey See, Monkey Do, But Judge Says Monkey Gets No Copyright
Re: Re: Monkey Selfie
On the post: Monkey See, Monkey Do, But Judge Says Monkey Gets No Copyright
Re: Monkey Selfie
In TV and film, most cameras are rented, so the people that make films don't own them.
The law requires input of creative effort to get a copyright interest. owning a camera doesn't count as a creative input. I've got some video cameras I borrowed from friends (was ) and did the camera owners get the copyright? No, I did, the person who placed the cameras, and started and stopped them. It doesn't matter if you put financial stuff into it, if you paid for hte camera, or if you bought the plane tickets and hired the guide and the jeep. The copyright belongs to the entity that set the framing and the moment (by aiming the camera and defining when the shutter would act). That's the ONLY thing that defines this specific shot. Now, both of those things are by the monkey, and so copyright would go to the monkey, except they're not capable of holding a copyright, thus it defaults to the public domain.
It's really very simple.
I mean your argument could say 'the owner of the photo is Nikon, because if Nikon didn't make the camera, there wouldn't have been a camera to take the shot'
or
'The owner of the photo is the guide, because if the guide didn't take him there, then there'd be no shot'
or
'the owner of the photo is the monkey, because if he didn't grab the camera and then start pressing the button, there would be no specific photo'.
Oh wait, that last one is the one that was actually relevant to the photos at hand. And the only one the law recognises.
And hell, here's something to really mess with your argument. What if Slater just bought the camera on an account (say a hire-purchase, or there was a lien on it?) and so didn't actually own it himself?
Impact on the composition of the shot = copyright interest.
Impact on the circumstances that allow for any number of shots to potentially be taken = absolutely zero copyright interest.
Don't know how many times and articles and references to the law, and case history, etc. that need to be made, before this point is gotten.
On the post: Monkey See, Monkey Do, But Judge Says Monkey Gets No Copyright
Re: Re: Re: Other animals...
Quite at odds with his statements to press at the time which says
In fact, if you look at the wayback machine, his story first appeared on his sitesometime before Feb 6 2015, but AFTER August 16 2014. Funny that. Especially since guess what happened in August 2014? That's right, that's when the US Copyright office issed the new guidelines saying 'photos by a monkey' can't be copyrighted.
BTW, other reason we know the tripod story is crap? Because some of the original photos he released, would have required said tripod to be under 3 inches tall. Just look at the very last one on the Daily Mail page, you can see the camera is pretty much at ground level, no tripod (also arms length, not THAT heavy). They also have other photos ,including one of slater trying to get his camera back. Hell, even the famous selfie is heavily angled, which indicates, you got it, NO TRIPOD. You know, since they can be heavy in themselves, and they would drag the shot 'straight', or force a tip-over if on the ground at that angle.
Remember this, Slater's a nobody photographer who got lucky when the camera was taken. This photo is, in his own words, worth a lot of money. Yeah, can TOTALLY see why he has no reason to lie about things.
On the post: Monkey See, Monkey Do, But Judge Says Monkey Gets No Copyright
Re: Other animals...
That was not the case here, as the camera was left unattended, and the monkey controlled both the framing (handled and pointed it at will) and the timing (the shutter operation)
Of course, later, after he was turned down by the copyright office, Slater went and changed his story, claiming he deliberately set the camera up to be taken (giving him the element of creative input needed to get a copyright interest)
Of course, that would be fraud, so.....
On the post: Challenged By Cord Cutting, The Discovery Channel Seeks Redemption In The Wake Of Honey Boo Boo
Re: Re: Re: Old School
Disclaimer - I was the safety guy for what led to the first pilot (JATO car) which happened during filming for BattleBots S2. Adam and Jamie, and Grant were competitors. Whoda thunk a bunch of drunk/bored robot guys in the Vegas desert screwing around would have led to that?
On the post: US Courts Administrative Office Sued Because PACER's Bad Math Is Overcharging Users
Re:
This one at least works!
On the post: Judge Doesn't Buy CBP's Argument That Dog Can 'Smell' The Difference Between Concealed And Unconcealed Humans
For those wondering 'why should I care' is that much of the film consists of defence attorney Joe Pesci cross examining/testing the various witnesses on the stand, to accurately assess their ability to tell the truth.
We need to start doing this for drug dogs. A basic competency test. 5 test cars, some, all or none of them may have one or more pieces of contraband on them. The drug dog and its handler do a 'sweep' on them, and note their suspicions down in specifics. Missed alerts (say rover alerting on the trunk of a car with no contraband) will go significantly against the credibility of the dog, as would missing packages. Miss more than half of them, toss any case involving the dogs alerts, as they're essentially useless.
Needless to say, the tests would have to be run by outsiders, no pre-arranging the stashes, or tipping the wink when they're close by 'friends' of the dog's handler.
It's time sniffer dogs were actually made to prove their competency in blind testing, rather than treated like 'psychics' (where their hits are based as much on reading people as competency, and misses are always forgotten/glossed over)
On the post: After Even His Own Lawyer Admits Prenda's Paul Hansmeier Is A 'Bad Actor,' Bankruptcy Court Liquidates His Assets
Re: Re: Re: Clawback
Remember, Wright referred them to the IRS and Us Attorneys office back in 2013, so who knows.
Also with preclusion, if a points argued in one court, it'd done and can't be re-argued in another. So a lot of what's done here in this court may be binding on him in others in sanctions actions and appeals. House of cards will fall.
On the post: After Even His Own Lawyer Admits Prenda's Paul Hansmeier Is A 'Bad Actor,' Bankruptcy Court Liquidates His Assets
Re: Re: He's found Jesus?
With as many IP addresses targeted, at least one has to have been registered to a Hispanic gentleman named Jesus - ergo he "found Jesus [torrenting the porn they put on TPB]"
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