It should be noted that this study focused on law students. The stuff professors are saying in class often sounds like the teachers in Peanuts: "Wah wha whagh wah." Complicated stuff being taught by a person who knows it too well to boil it down (if it can be boiled down). So for many the only way to understand it anyway is during quiet time at home alone, not at class. Might as well read TechDirt while in class (and hope you don't get called on).
Agreed. Usually ISPs just disable access. Despite DMCA allowing removal or disabling, "Sorry, go ahead and re-upload," don't cut it from a good business standpoint. Bad Yahoo!
That was quite a leap claim the use of one word "religion" as a lie means full-blown atheism and self-deception. A little sensitive perhaps? Or is everything black and white?
Well I have to respectfully disagree, being American and all. (And it appears we've beaten this sardonic horse to death - giving me the last word. Ha!)
Now they talk openly about arming small militant activist groups with these gadgets so they can bypass their own government's mandates.
For those old enough to remember, prior to Star Wars, the rebels were usually the bad guys. I miss those simpler days. Damn you Lucas! Hail to The Man!
Exposed. BTW, this tiny group and their graft somehow managed to infiltrate Alexa and get it to traffic-rank TechDirt at 6808 globally, 2945 in the US, with 14k linkbacks. That's a pretty big circle of friends. Companies throw parties when they rank 100k or higher.
Perhaps, next time, they'll check the copyright registration before filing suit.
They knew exactly what they were doing. Unless they knew absolutely nothing about copyright law, they knew they had to register within a certain time frame to be entitled to statutory damages. They threatened those damages anyway because that was their goal; and because lawyers threaten damages they aren't entitled to all the time (litigation privilege). They're more likely to do it when they don't think a lawyer's gonna be on the other end to call them on it -- like here with small numbers involved per party. I think they just didn't consider how it might play out in a mass litigation context.
Ha! I've actually seen that happen. The argument that the IP was X's because the creator was an employee, brought potential tax liability on X of more than the IP at issue was worth. Gotta love forward thinkers.
Non-waiveable rights rock. And he distinction between independent contractors and employees, has an insane amount of jurisprudence behind it across multiple legal areas. Usually it's analyzed by the "looks like a duck" method; and how it's "characterized" by the parties is disregarded. We don't care what you call it, it looks like a duck.
Billy Idol as employee? Not a duck. I don't see the labels getting around it in even the non-normative real world, because anything other would threaten too much old, solid law. Groovy.
Hearsay is any statement made by anybody who is not testifying at a hearing, if the statement is offered to prove the truth of the matter stated.
The video is Dotcom making out-of-court statements of fact about his case. Hearsay if he tries to use it to prove the truth of his statements.
So to get it in, it has to fall under an exception, one of which is the prosecution can use it against him - especially if he says it differently on the stand. And of course, he gave them 20+ minutes of stuff that they can use to try to shred him on cross-examination if he veers even slightly off the exact words in that interview. That's the not-wise part.
"Actually, the defense can enter the entire interview as evidence for him ..."
Actually, they can't generally. It's hearsay. If the prosecution enters only snippets against him on a hearsay exception (admission of party/opponent), defense then may be able to bring in other sections to clarify & show context.
Dude, literally everything you say can and will be used against you. As in, it's admissible against you, but not for you. If you absolutely need to spew, next time have your lawyer say it ...
I haven't seen anyone mention how links back to your site help your search engine rankings and make you more visible to all the world. Or is that just too obvious to mention?
...with less profit, presumably, will come less creative output.
I just want to throttle the next person who says that. Clearly they are not musicians, writers, or artists.
I am all three, made a living at two of them. Have a day job now. So what do I do almost every night? - I make music or whatever. Then I give it away (day job).
Freakin idiots. Grrrr! Real musicians make music, regardless. They can't help it. People who create just do it. Is it useful or marketable? Who cares. (Read any NCIS fan fiction lately? Really, it's there. Not my bag but it's still creative.)
I think the real problem with the folks who push all this idiotic legislation and spout lame arguments is that not one of them has a single creative atom in their body, so they are genetically incapable of "getting it" and therefore are relegated to parasitic relations with those who do create. Which, btw, is not at all creative. /rant
On the post: Teaching Style, Not Computers, Appears To Be Biggest Factor In Classroom Distraction
On the post: UPDATED: The True Damage Of An Illegitimate DMCA Takedown Goes Much Further Than Simple 'Inconvenience'
Re:
On the post: UPDATED: The True Damage Of An Illegitimate DMCA Takedown Goes Much Further Than Simple 'Inconvenience'
Re:
On the post: Isn't It Time Artists Lost Their 18th-Century Sense Of Entitlement?
Re: Re: "Giving it away" is a misnomer
On the post: Danish Trade Minister Apologizes For Using Bogus Industry Numbers To Support Pro-ACTA Argument
Re: Re: Re: The Value of a Lie
On the post: How The Runaway Success Of A Tiny $25 Computer Could Become A Big Problem For Oppressive Regimes
Re: Re: Re: Re: I Blame Star Wars
On the post: How The Runaway Success Of A Tiny $25 Computer Could Become A Big Problem For Oppressive Regimes
Re: Re: I Blame Star Wars
No, Americans were revolutionaries. Revolutionaries good; rebels bad. Everyone with an American K-12 education (only) knows that.
On the post: How The Runaway Success Of A Tiny $25 Computer Could Become A Big Problem For Oppressive Regimes
I Blame Star Wars
For those old enough to remember, prior to Star Wars, the rebels were usually the bad guys. I miss those simpler days. Damn you Lucas! Hail to The Man!
On the post: As BPI Tries To Block The Pirate Bay From The UK, Dan Bull Explains Why Musicians Should Block BPI
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Oh, so you really do know what you're talking about. I stand corrected.
On the post: As BPI Tries To Block The Pirate Bay From The UK, Dan Bull Explains Why Musicians Should Block BPI
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On the post: Lawsuit Against US Copyright Group For Fraud & Extortion Moves Forward
SOP...
They knew exactly what they were doing. Unless they knew absolutely nothing about copyright law, they knew they had to register within a certain time frame to be entitled to statutory damages. They threatened those damages anyway because that was their goal; and because lawyers threaten damages they aren't entitled to all the time (litigation privilege). They're more likely to do it when they don't think a lawyer's gonna be on the other end to call them on it -- like here with small numbers involved per party. I think they just didn't consider how it might play out in a mass litigation context.
On the post: EMI Sneakily Trying To Pretend Many Of Its Artists Can't Reclaim Their Copyrights
Re: Re:
On the post: EMI Sneakily Trying To Pretend Many Of Its Artists Can't Reclaim Their Copyrights
Billy Idol as employee? Not a duck. I don't see the labels getting around it in even the non-normative real world, because anything other would threaten too much old, solid law. Groovy.
On the post: Kim Dotcom Gives TV Interview Where He Insists The Charges Against Him Are A Joke
Re: Re: Re: Re:
The video is Dotcom making out-of-court statements of fact about his case. Hearsay if he tries to use it to prove the truth of his statements.
So to get it in, it has to fall under an exception, one of which is the prosecution can use it against him - especially if he says it differently on the stand. And of course, he gave them 20+ minutes of stuff that they can use to try to shred him on cross-examination if he veers even slightly off the exact words in that interview. That's the not-wise part.
On the post: Kim Dotcom Gives TV Interview Where He Insists The Charges Against Him Are A Joke
Re: Re: Cue the Ironic
On the post: Kim Dotcom Gives TV Interview Where He Insists The Charges Against Him Are A Joke
Re: Re:
On the post: Kim Dotcom Gives TV Interview Where He Insists The Charges Against Him Are A Joke
Re: Re:
Actually, they can't generally. It's hearsay. If the prosecution enters only snippets against him on a hearsay exception (admission of party/opponent), defense then may be able to bring in other sections to clarify & show context.
On the post: Kim Dotcom Gives TV Interview Where He Insists The Charges Against Him Are A Joke
On the post: In All This Talk Of Pinterest And Copyright, The Fact That It's Driving Massive Traffic Seems Important
Linkbacks?
On the post: Who Cares If Piracy Is 'Wrong' If Stopping It Is Impossible And Innovating Provides Better Solutions?
Garrote, anyone?
I just want to throttle the next person who says that. Clearly they are not musicians, writers, or artists.
I am all three, made a living at two of them. Have a day job now. So what do I do almost every night? - I make music or whatever. Then I give it away (day job).
Freakin idiots. Grrrr! Real musicians make music, regardless. They can't help it. People who create just do it. Is it useful or marketable? Who cares. (Read any NCIS fan fiction lately? Really, it's there. Not my bag but it's still creative.)
I think the real problem with the folks who push all this idiotic legislation and spout lame arguments is that not one of them has a single creative atom in their body, so they are genetically incapable of "getting it" and therefore are relegated to parasitic relations with those who do create. Which, btw, is not at all creative. /rant
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