Josh in CharlotteNC (profile), 30 Apr 2013 @ 7:05am
Re: Re:
The Muckrock system is an attempt to bypass the law, and will likely fail.
Of course its an attempt to bypass the stupid law. But how will it fail? Once the information is obtained from a FOIA by a resident of that state, they can publish or share it with others. Any attempt to stop the dissemination of information by that resident would quickly be struck down.
Josh in CharlotteNC (profile), 30 Apr 2013 @ 6:51am
Re:
You know who else thinks they're above the law? All of the intentional pirates who violate other people's rights.
I don't think I'm above the law. I simply want the laws to benefit society as a whole, and to reflect the views of most people.
I'm pretty sure that most people think that laws against tampering with evidence are a good thing and they benefit society (so that everyone, even accused criminals, get fair trials). When it comes to current copyright law, the evidence is on the side that it does not benefit society as a whole and instead looks to benefit a very small number (record label execs, a few mega-stars, and lawyers), whereas a lack of copyright could benefit nearly everyone with quick and easy access to the sum total of human knowledge and culture.
Josh in CharlotteNC (profile), 29 Apr 2013 @ 9:45am
Re: Re: Re: Re: Re:
Millions and millions and millions of DMCA notices
Must be nice to assume that an accusation automatically means you're right if the other party doesn't fight.
Let me try.
I accuse you of jaywalking.
I accuse you of not using your turn signal properly when driving.
I accuse you of running away from home when you were 6 and being raised by circus people.
Josh in CharlotteNC (profile), 29 Apr 2013 @ 9:33am
Re: Re: Re:
Why do you feel that the writers aren't qualified to discuss complex legal matters?
We don't have laws just for the sake of having laws. Laws exist to benefit society. Just because someone cannot site an obscure piece of case law doesn't mean they are not qualified to discuss and comment upon complex legal cases and how the impact to society can be good or bad. The writers at Techdirt might not be qualified to argue a case in front of a judge, but this isn't a courtroom. And who are you to make that determination, anyway? Karl regularly trounces you when you attempt to argue legalities.
Notice that in the story, Mike never claims that Lanier can't write books about economics. Mike simply refutes Lanier's crazy ideas with evidence and citations.
Josh in CharlotteNC (profile), 26 Apr 2013 @ 7:13pm
Re: Re: Re: Re: Re: Re: Re:
I wouldn't particularly care about privacy rights, no. There's a lot of sex tapes out on the internet, so one of me wouldn't change much. Suing you would bring far more scrutiny than just letting you do whatever the hell you wanted with it.
Would I be pissed off at you? Sure. Pissed off enough to punch you in the face if I ever saw you? Probably. Pissed off enough to sue? Nope.
Josh in CharlotteNC (profile), 26 Apr 2013 @ 7:00pm
Re: Re: Re: Re: Re:
Listen, we all get that you think the First Amendment is the worst thing ever to be written down, but even you have to admit that some nebulous "publicity rights" thing that only some states have defined (not even similarly) doesn't trump the Constitution.
Josh in CharlotteNC (profile), 26 Apr 2013 @ 1:35pm
Re: Re: Re: Re: Re: Re: Re:
You want a balanced discussion? Come to the discussion with evidence of copyright's benefits - benefits that would not be around without it. Until then, what you call "fringe" is increasingly looking like mainstream.
Josh in CharlotteNC (profile), 26 Apr 2013 @ 1:17pm
CipherCloud now dead man walking
CipherCloud is about to be in trouble as serious crypto geeks look over their stuff for weaknesses as a result of this publicity.
Truth is absolute defense in defamation, right? In order for Cipher to show they were defamed, they'd need to show they were using homomorphic encryption.
If they refuse to answer in detail how their crypto works, the (naturally quite paranoid) crypto community will take that as equivalent to admitting it is vulnerable, and no one serious will support or use it.
Cipher is effectively dead in any situation other than if their stuff works as designed and advertised with no vulnerabilities and they can actually prove it.
Josh in CharlotteNC (profile), 26 Apr 2013 @ 10:52am
Re:
Perhaps it should not be overlooked that the patent has been available for review by the public (e.g., Ditto) since early 2006.
"But Mr Dent, the plans have been available in the local planning office for the last nine months."
"Oh yes, well as soon as I heard I went straight round to see them, yesterday afternoon. You hadn't exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything."
"But the plans were on display ..."
"On display? I eventually had to go down to the cellar to find them."
"That's the display department."
"With a flashlight."
"Ah, well the lights had probably gone."
"So had the stairs."
"But look, you found the notice didn't you?"
"Yes," said Arthur, "yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'."
Josh in CharlotteNC (profile), 23 Apr 2013 @ 7:24am
Re: Re: Re: Re: Re: Re:
No, I'm saying that his lawyer will be arguing that the government's handling of the case was sloppy. If this goes to a full trial, it will be all about procedure and that the investigation was tainted. His lawyer doesn't have to prove innocence, just provide enough reasonable doubt.
Josh in CharlotteNC (profile), 23 Apr 2013 @ 6:25am
+1
I wholeheartedly agree. I made a decision a long time ago to use my mind to its fullest whenever I could. I'm not going to cover my eyes and pretend we don't live in a world where nearly everyone could have access to nearly every bit of culture and every idea for very little cost. We do live in that world now, and thinking anything less is exactly that: stupid.
Josh in CharlotteNC (profile), 22 Apr 2013 @ 10:40am
Re: Re: Re: Re:
They don't need one word from him to convict him. Not one.
So what? You don't have to be a prosecutor to understand how to build a case, and more evidence on your side - such as a legitimate confession from the suspect - is better than no confession.
His questioning centers entirely around why he did it, not if.
So, they're looking for motive. I thought that was a key piece in building a case. It's half of that "motive and opportunity" you hear all the time.
The arsenal at home, the statements admitting guilt to the carjacker, video evidence etc are all more than enough to obtain a conviction.
And not following proper procedure and reading a suspect his rights when it is so easy calls into question the conduct of the government in all other matters regarding the case. Do you want to wager on his attorney claiming that as enough for reasonable doubt? Again, why take that chance?
On the post: Barnes & Noble's Filing Clearly Explains Why The Patent System Is Broken And How To Fix It
Re: What if...
Asserted how? A lawsuit? A pre-lawsuit settlement/demand letter? If the latter, how to prevent the inevitable abuse?
I'll agree that the assumption of patent validity needs to change, but the end goal needs to be to stop granting bad patents (or any patents at all).
On the post: Supreme Court Says Out Of State Residents Have No Constitutional Right To Virginia's FOIA Law
Re: Re:
Of course its an attempt to bypass the stupid law. But how will it fail? Once the information is obtained from a FOIA by a resident of that state, they can publish or share it with others. Any attempt to stop the dissemination of information by that resident would quickly be struck down.
being hit with violating privacy
The government is not entitled to privacy.
On the post: MPAA Accused Of Tampering With Evidence In Key Copyright Case In Finland
Re:
I don't think I'm above the law. I simply want the laws to benefit society as a whole, and to reflect the views of most people.
I'm pretty sure that most people think that laws against tampering with evidence are a good thing and they benefit society (so that everyone, even accused criminals, get fair trials). When it comes to current copyright law, the evidence is on the side that it does not benefit society as a whole and instead looks to benefit a very small number (record label execs, a few mega-stars, and lawyers), whereas a lack of copyright could benefit nearly everyone with quick and easy access to the sum total of human knowledge and culture.
How's that for perspective?
On the post: Pirate Party Elected To Parliament In Iceland, First Pirate Party Victory In National Parliament
Re: Re: Re: Re: Re:
Must be nice to assume that an accusation automatically means you're right if the other party doesn't fight.
Let me try.
I accuse you of jaywalking.
I accuse you of not using your turn signal properly when driving.
I accuse you of running away from home when you were 6 and being raised by circus people.
This is fun!
On the post: Jaron Lanier And Gobbledygook Economics
Re: Re: Re:
We don't have laws just for the sake of having laws. Laws exist to benefit society. Just because someone cannot site an obscure piece of case law doesn't mean they are not qualified to discuss and comment upon complex legal cases and how the impact to society can be good or bad. The writers at Techdirt might not be qualified to argue a case in front of a judge, but this isn't a courtroom. And who are you to make that determination, anyway? Karl regularly trounces you when you attempt to argue legalities.
Notice that in the story, Mike never claims that Lanier can't write books about economics. Mike simply refutes Lanier's crazy ideas with evidence and citations.
On the post: Gawker Defies Judge, Refuses To Take Down Post About Hulk Hogan Sex Tape Despite Court Order
Re: Re: Re: Re: Re: Re: Re:
Would I be pissed off at you? Sure. Pissed off enough to punch you in the face if I ever saw you? Probably. Pissed off enough to sue? Nope.
On the post: Gawker Defies Judge, Refuses To Take Down Post About Hulk Hogan Sex Tape Despite Court Order
Re: Re: Re: Re: Re:
On the post: Gawker Defies Judge, Refuses To Take Down Post About Hulk Hogan Sex Tape Despite Court Order
Re:
Actually, you should always be doing that.
On the post: Celebrate The Right To Share On 'World Intellectual Property Day'
Re: Re: Re: Re: Re: Re: Re:
I'll be waiting, just not holding my breath.
On the post: CipherCloud Discovers Senorita Streisand Effect Is A Hateful Mistress
Re: CipherCloud now dead man walking
http://blog.ciphercloud.com/responding-to-the-myths-about-CipherClouds-encryption-tec hnology/
They still haven't answered how their stuff works, only how it doesn't work. Not going over well.
On the post: CipherCloud Discovers Senorita Streisand Effect Is A Hateful Mistress
CipherCloud now dead man walking
Truth is absolute defense in defamation, right? In order for Cipher to show they were defamed, they'd need to show they were using homomorphic encryption.
If they refuse to answer in detail how their crypto works, the (naturally quite paranoid) crypto community will take that as equivalent to admitting it is vulnerable, and no one serious will support or use it.
Cipher is effectively dead in any situation other than if their stuff works as designed and advertised with no vulnerabilities and they can actually prove it.
On the post: Celebrate The Right To Share On 'World Intellectual Property Day'
Re:
On the post: Celebrate The Right To Share On 'World Intellectual Property Day'
Re: no
On the post: Patents As Weapons: How 1-800-CONTACTS Is Using The Patent System To Kill An Innovative Startup
Re:
"But Mr Dent, the plans have been available in the local planning office for the last nine months."
"Oh yes, well as soon as I heard I went straight round to see them, yesterday afternoon. You hadn't exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything."
"But the plans were on display ..."
"On display? I eventually had to go down to the cellar to find them."
"That's the display department."
"With a flashlight."
"Ah, well the lights had probably gone."
"So had the stairs."
"But look, you found the notice didn't you?"
"Yes," said Arthur, "yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'."
On the post: U.S. Ambassador To Australia Takes On #1 Issue Of The Day: Game Of Thrones Piracy
Re:
My paid Spotify subscription says different. I could easily get all the music for free, yet I'm paying $120 a year for the convenience.
I'm waiting and hoping for a video service just as good, and willing to pay for it.
In other words: Shut up and take my money.
On the post: Grooveshark Loses Latest Round In Court, In A Ruling That Could Gut The DMCA's Safe Harbors
Re:
I can't understand why anything at all needs copy protection.
On the post: Why The DOJ's Decision To Not Read Dzhokhar Tsarnaev His Miranda Rights Is A Terrible Idea
Re: Re: Re: Re: Re: Re:
On the post: Spain Admits New Copyright Law Is Designed To Keep It Off US's 'Naughty' List
Re: Re: Re: Re:
On the post: The Copyright Lobotomy: How Intellectual Property Makes Us Pretend To Be Stupid
+1
On the post: Why The DOJ's Decision To Not Read Dzhokhar Tsarnaev His Miranda Rights Is A Terrible Idea
Re: Re: Re: Re:
So what? You don't have to be a prosecutor to understand how to build a case, and more evidence on your side - such as a legitimate confession from the suspect - is better than no confession.
His questioning centers entirely around why he did it, not if.
So, they're looking for motive. I thought that was a key piece in building a case. It's half of that "motive and opportunity" you hear all the time.
The arsenal at home, the statements admitting guilt to the carjacker, video evidence etc are all more than enough to obtain a conviction.
And not following proper procedure and reading a suspect his rights when it is so easy calls into question the conduct of the government in all other matters regarding the case. Do you want to wager on his attorney claiming that as enough for reasonable doubt? Again, why take that chance?
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