I think this is more common than you'd think. I used to work for a firm in Baltimore. We got a call from a guy who wanted to sue an escort service. Him and his friend paid for two escorts, but surprise surprise, they refused to have sex and left. He wanted to sue and get their money back.
The associate reminded him that prostitution is illegal and you cannot sue someone to compel an illegal act.
"It's scenarios like these that make me wonder what the judges who make such orders"
Once again, Mike, you don't understand the process. Judges don't make or write such orders. They hear motions and grant motions, and then sign orders prepared by the winning party. If the judge issues an opinion that he wrote, it's called an opinion.
Let's imagine that the judge looked at the "retrieve the code" portion of the order provided by Sony's attorneys and said, "This is asinine. There is no fricken way you're getting that code back again."
The judge saying that does not change anything. Sony obviously wanted that in the order. Why else would they put it in? So regardless of the opinions of the judge, if Sony wants it in and an opportunity to tilt at windmills, that's their prerogative.
It's not like it's the judge's job to enforce it. If Sony wants to waste their time enforcing it, that's their decision to make.
For some great insight on why execution is more important than coming up with ideas, check out Spongebob's episode Krabs a la Mode.
In it Plankton keeps coming up with ideas to destroy Krab's business. However, Krab keeps executing those same ideas to make more money. The more ideas Plankton comes up with to destroy the Krusty Krab, the more money Mr. Krab makes.
It's exactly what you're talking about, Mike. Ideas are worthless in and of themselves. And even bad ideas can make money if you execute them correctly.
"it may be that the sheriff has issued/filed what is known elsewhere as a citation."
Once again, oh, I see what you're saying. However, because the article didn't talk about a citation, and because it's up to the prosecutor's office to determine whether to go forward with the complaint, I'm pretty certain it's was merely a complaint, not a citation.
Any officer who arbitrarily threw away a criminal complaint without filing it would be abusing his power.
If the person taking the complaint processed it solely to save his own butt, because he has the power to do so, then he was the guy who abused his power.
Look, I'm not defending the sheriff in anyway. I just don't see any abuse of power from the facts presented. He used the same right to file a criminal complaint that we all have.
"Well, I don't know. The trouble with this story is that it's not clear..."
You're over-thinking it. Anyone can go down to the police or sheriff's department and file a criminal complaint against someone else. You don't need any special power to do that. Because you don't need any special power, there's no abuse of power.
Once again, because anyone can do it, the sheriff did not abuse any power he was given. He used the same right anyone else has.
Now if he used his power in some way to retaliate against the reporter, e.g., have one of his deputies follow her around and ticket her for minor infractions, that'd be an abuse of his power. But that didn't happen, as far as I know.
Oh, I see what you're saying. Mike called it a "clear abuse of power." I agree with you. It's not. It's merely an idiot trying to get a reporter to shut up. Anyone can file such a complaint. It had nothing to do with him being sheriff.
You're arguing about a distinction without a difference. A reporter has the right to ask people, sheriff's and citizens, about allegations of crimes. Whether he was a sheriff or a mere citizen when he filed the complaint, it changes nothing.
The part I find most troubling in D'Addario's response is this part:
"How is possible for the public to ask the legitimate manufacturers to bear the role of the government and police every instance of fraud with a law suit?"
It is not the government's job to protect you from competition. If you can't compete, you should go out of business. If the only way you can compete is by spending my tax dollars, you should go out of business.
"Perhaps he's changed his mind when it comes to a band like the Black Eyed Peas"
Or he could just really hate the Black Eyed Peas. They've become extremely successful without coming up with a single original idea of their own. I'd imagine that musicians hate them. I know I do.
"Of course, seeing as the report was funded in part by a movie studio"
What incentive would the MPAA have to make it appear that mostly older movies are being downloaded? I can think of a great reason...
The movie industry is doing fricken great. Every year profits are up. The movie industry is making tons of fricken money by tons of tickets.
If the movie industry is doing so fricken well, as it is, then how can the MPAA continue bitching about file sharing?
By pretending that file sharers are downloading older movies instead of buying them. In other words, the MPAA can still reap great profits, but still complain about lost sales.
The simple solution is for someone to "own" the space between the sun and the earth, and then sue her for nuisance and trespass for all the radiation her sun spills onto your property.
On the post: FiveFingers Blocks Right Finger -- Just Asking For Middle One
On the post: If You're Unhappy With The Prostitute You Hire, Perhaps Don't Call The Police... And Then Sue The Escort Company
The associate reminded him that prostitution is illegal and you cannot sue someone to compel an illegal act.
On the post: The PS3 Hack Injunction Shows The Problems Of Judges Who Don't Understand Technology
Once again, Mike, you don't understand the process. Judges don't make or write such orders. They hear motions and grant motions, and then sign orders prepared by the winning party. If the judge issues an opinion that he wrote, it's called an opinion.
Let's imagine that the judge looked at the "retrieve the code" portion of the order provided by Sony's attorneys and said, "This is asinine. There is no fricken way you're getting that code back again."
The judge saying that does not change anything. Sony obviously wanted that in the order. Why else would they put it in? So regardless of the opinions of the judge, if Sony wants it in and an opportunity to tilt at windmills, that's their prerogative.
It's not like it's the judge's job to enforce it. If Sony wants to waste their time enforcing it, that's their decision to make.
On the post: No, Giving More Patents To Startups Won't Increase Innovation
In it Plankton keeps coming up with ideas to destroy Krab's business. However, Krab keeps executing those same ideas to make more money. The more ideas Plankton comes up with to destroy the Krusty Krab, the more money Mr. Krab makes.
It's exactly what you're talking about, Mike. Ideas are worthless in and of themselves. And even bad ideas can make money if you execute them correctly.
On the post: Sheriff Files Criminal Complaint Against Reporter For Asking Questions He Didn't Like
Re: Re: Re: Re: Re: Re: Re: Re: Re: Clear abuse of power?
Once again, oh, I see what you're saying. However, because the article didn't talk about a citation, and because it's up to the prosecutor's office to determine whether to go forward with the complaint, I'm pretty certain it's was merely a complaint, not a citation.
On the post: Sheriff Files Criminal Complaint Against Reporter For Asking Questions He Didn't Like
Re: Re: Re: Re: Re: Re: Re: Re: Re: Clear abuse of power?
If the person taking the complaint processed it solely to save his own butt, because he has the power to do so, then he was the guy who abused his power.
Look, I'm not defending the sheriff in anyway. I just don't see any abuse of power from the facts presented. He used the same right to file a criminal complaint that we all have.
On the post: Sheriff Files Criminal Complaint Against Reporter For Asking Questions He Didn't Like
Re: Re: Re: Re: Re: Re: Re: Clear abuse of power?
You're over-thinking it. Anyone can go down to the police or sheriff's department and file a criminal complaint against someone else. You don't need any special power to do that. Because you don't need any special power, there's no abuse of power.
Once again, because anyone can do it, the sheriff did not abuse any power he was given. He used the same right anyone else has.
Now if he used his power in some way to retaliate against the reporter, e.g., have one of his deputies follow her around and ticket her for minor infractions, that'd be an abuse of his power. But that didn't happen, as far as I know.
On the post: Sheriff Files Criminal Complaint Against Reporter For Asking Questions He Didn't Like
Re: Re: Re: Re: Re: Clear abuse of power?
On the post: Sheriff Files Criminal Complaint Against Reporter For Asking Questions He Didn't Like
Re: Re: Re: Clear abuse of power?
On the post: Sheriff Files Criminal Complaint Against Reporter For Asking Questions He Didn't Like
Re:
On the post: Jim D'Addario Defends His Support Of COICA & Domain Seizures
"How is possible for the public to ask the legitimate manufacturers to bear the role of the government and police every instance of fraud with a law suit?"
It is not the government's job to protect you from competition. If you can't compete, you should go out of business. If the only way you can compete is by spending my tax dollars, you should go out of business.
On the post: Case Study: How To Have Fun Connecting With Fans Like A Superstar DJ
Re: Re:
On the post: Case Study: How To Have Fun Connecting With Fans Like A Superstar DJ
Strange. Without ever meeting him I know beyond a shadow of a doubt that I hate that pretentious dick weed.
On the post: As Predicted: iPad Magazine Subscriber Numbers Plummeting
"They were betting on arbitrary and artificial restrictions, which is never a good bet."
On the post: GEMA Music Collection Society No Longer Will Let Kindergartens Get Away With Teaching Music For Free
On the post: Guy Faces Five Years In Prison For Reading Wife's Email
Re: Training?
On the post: George Clinton Sues Black Eyed Peas; Apparently He No Longer Thinks Sampling Is 'Cool'
Or he could just really hate the Black Eyed Peas. They've become extremely successful without coming up with a single original idea of their own. I'd imagine that musicians hate them. I know I do.
On the post: Author Slams 'Piracy,' Then Admits To A Huge 'Pirated' Music Collection And Counterfeit Purses
Well duh. When it happens to her she's losing money!
On the post: Journalists Continue To Rely On Bogus Research About File Sharing As If It Were Factual
What incentive would the MPAA have to make it appear that mostly older movies are being downloaded? I can think of a great reason...
The movie industry is doing fricken great. Every year profits are up. The movie industry is making tons of fricken money by tons of tickets.
If the movie industry is doing so fricken well, as it is, then how can the MPAA continue bitching about file sharing?
By pretending that file sharers are downloading older movies instead of buying them. In other words, the MPAA can still reap great profits, but still complain about lost sales.
On the post: Woman Claims Legal Loophole Means She Now Owns The Sun... And She Wants You To Pay Up
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