Ah, but a lot of cops don't want to do that because they use coercive methods to get confessions. Things that, while legal, would inflame the jurors and have them asking "HE DID WHAT!? NOT GUILTY!"
Why? Because they had a reasonable assumption that with the interrogation methods used, the person could be coerced into saying they were guilty when they actually were not.
The cops hope that someone will not challenge these things
And thereby they will stand in court. They are HOPING in cases like this that someone will settle so that it will become a 'precedent' and therefore will be damned hard to overturn at a later date.
I swear, do these places even think before they put these policies into effect! Apparently not, because they would be slammed down by a court as soon as someone had the gumption and time to challenge this.
Yes, we do.... which is something that Anonymous missed. This can be held as 'breach of contract' because the ISP is not waiting until a COURT DECISION before cutting off service.
Except a LAWSUIT agianst the company, which could lose this company more money that it is worth!
The companies who are doing this are STUPID because under the DMCA, they are golden! If these companies wish to do something to someone? THey can sue them, NOT extrajudicially have the ISP's cut someone off.... which by the way, is ILLEGAL, TOS or no, until someone is proven in a COURT OF LAW that they are infringing.
It's like someone yelling "THAT PERSON IS A CHILD MOLESTER!" and they are automatically thrown into prison without any real proof.
Even private corporations and citizens cannot do that bullshit.
Actually, they cannot. Someone can posit that it goes against the whole "Innocent until PROVEN guilty" thing, which contrary to popular belief, does apply to private organizations.
It's like a private organization firing you because you were arrested for pandering.... until you are CONVICTED of that, they are bucking for a civil suit against them!
It is VERY possible that someone could sue SuddenLink for wrongful termination of services and statutory damages. That is why the SMART ISP's have said that absent a court order, they won't do jack!
Ah! I didn't think of this, but it is VERY possible that this could come up.
Really, I don't have a problem with them dropping pirates.... if they are proven to be that in a little thing called A COURT OF LAW!
Unfortunately, SuddenLink wants to say "Just because someone accuses you, you are guilty!" That don't fly and could very well lead to a civil suit that they would LOSE IMMEDIATELY!
If this is found to be true, what TechDirt thinks that they were doing? It is a CRIME to falsify documents given to the government, so these organizations might be cruising for a big old criminal bruising.
I see a lawsuit over this the first time SuddenLink does this, because there is NOTHING in the DMCA or any other law passed in the United States about this three strikes bull. N O T H I N G!
Ah, but the law says that if the police are involved in ANY way with this (including PAYING THE COMPANY IN QUESTION).... it has to be done by having a warrant beforehand.
They tried that bullcrap in California awhile ago, and the judges were not buying it.
In fact, one prosecutor was put into jail for contempt for a few days for trying that argument.
Judge made it VERY clear: if the police ask a private citizen or private corporation to do something and then that corporation or citizen asks ANOTHER person to do something else that is CONNECTED with the thing the cops asked the first person to do?
THROWN OUT EVIDENCE, unless the cops have a warrant, because those people are working ON BEHALF OF THE POLICE... i.e. they are deputized officers.
Frankly, there is a FREAK-TON of stuff that 'society' says is 'bad' that I do not agree is bad, and I have very good arguments for why those things are not bad until SOCIETY butts their pointed, 3 foot long noses into a person's business.
Yes, it is a HUGE character flaw. The best thing to do, as I told my children, is to DISTRUST someone until they give you a reason to trust them.
Meaning, good behavior over a period of time.
With the police? I tell everyone I know to NOT distrust them and to basically hate them.... by showing them the NUMEROUS instances where the police have overstepped their bounds in the mind of the regular American (not the criminal American) and not been punished for it.
To be blunt: I am more frightened of the freaking police than I am of a child forcible rapist, serial killer, etc.
If they CAN get a warrant, then we should FORCE THEM to get a warrant, instead of bullshitting that they have 'probable cause'.
When something is of IMMEDIATE necessity to take action on, like you hear gunshots or someone screaming "DON'T KILL ME!".... okay, that is probable cause.
Following someone everyone they go based on a SUSPICION that they are doing something illegal? Hell no, that is called 'gut instinct' and it was MANY MANY MANY MANY MANY MANY times in courts called NOT PROBABLE CAUSE!
Sorry, but I have to disagree with you. The fact is that the gun crime went up as soon as they made guns illegal to have in a home.
The ONLY reason that the crime rate is now going DOWN is because the VIOLENT gun criminals are being put in? PRISON! For 20-life or longer!
No, getting rid of the guns in society made society MUCH LESS SAFE. How? By making criminals not take that second to think about "Oh, I might get shot and killed if I break into a person's home!"
NON-gun crime in Britain: home invasions without guns, break-ins, etc. have gone UP since gun control was passed, not down, buddy boy!
You are severely stretching the definition of license and actually, in most states (WA must have been high when they passed that law) your PRIMARY HOME cannot be sold for tax liens or anything else. Period, done with, over.
In that ONE STATE (and that law could be challenged as giving rights to the federal government hat a regular citizen doesn't not have, which is ILLEGAL!)? Yeah, it's a license.
When it comes to something that is made to enhance safety, NO PATENTS SHOULD BE ALLOWED! Period and done with. Everyone should be automatically able to use that technology!
Unfortunately, they were thinking of the law here and had no choice but to shut down this other company. HOWEVER, this espouses why patents, copyrights and trademarks are BAD FOR AMERICA!
Very bad for America!
It keeps people from innovating for fear of infringing on someone else's patent. I am of the idea that we don't these damned patents!
Just let someone start a business making a product and if someone comes into the light and they cannot compete with that other guy? Too bad, so sad, I DON'T CARE!
That is COMPETITION! Where you don't get a 'mulligan' ever!
Agree with that last sentence absolutely: this guy is BOUGHT AND PAID FOR, and the US Attorney Generals office should be looking to see if this bastard is getting some kickbacks somehow.
Yep, that is a very good thing to bring up there. Very possible that big corporations will do EXACTLY what you are describing there. Which is the reason why there should be NO extra-judicial reviews of ANYTHING.
On the post: Judge Tosses Out Wiretapping Charges Against Motorcyclist Who Filmed Cop With Helmet Cam
Re: Re: Not surprising
Why? Because they had a reasonable assumption that with the interrogation methods used, the person could be coerced into saying they were guilty when they actually were not.
On the post: Judge Tosses Out Wiretapping Charges Against Motorcyclist Who Filmed Cop With Helmet Cam
The cops hope that someone will not challenge these things
On the post: Surveillance Nation: Austin Library Won't Let You Wear Baseball Caps Because Cameras Can't ID You
I swear, do these places even think before they put these policies into effect! Apparently not, because they would be slammed down by a court as soon as someone had the gumption and time to challenge this.
On the post: US ISP Suddenlink Claims The DMCA Requires They Disconnect Users
Re: Re: Re:
On the post: US ISP Suddenlink Claims The DMCA Requires They Disconnect Users
Re: Suddenlink is not alone in this
The companies who are doing this are STUPID because under the DMCA, they are golden! If these companies wish to do something to someone? THey can sue them, NOT extrajudicially have the ISP's cut someone off.... which by the way, is ILLEGAL, TOS or no, until someone is proven in a COURT OF LAW that they are infringing.
It's like someone yelling "THAT PERSON IS A CHILD MOLESTER!" and they are automatically thrown into prison without any real proof.
Even private corporations and citizens cannot do that bullshit.
On the post: US ISP Suddenlink Claims The DMCA Requires They Disconnect Users
Re:
It's like a private organization firing you because you were arrested for pandering.... until you are CONVICTED of that, they are bucking for a civil suit against them!
On the post: US ISP Suddenlink Claims The DMCA Requires They Disconnect Users
Re:
On the post: US ISP Suddenlink Claims The DMCA Requires They Disconnect Users
Re: VOIP
Really, I don't have a problem with them dropping pirates.... if they are proven to be that in a little thing called A COURT OF LAW!
Unfortunately, SuddenLink wants to say "Just because someone accuses you, you are guilty!" That don't fly and could very well lead to a civil suit that they would LOSE IMMEDIATELY!
On the post: Once Again, Dead Content Creators Seem To Sign A Lot Of Pro-Stronger Copyright Petitions
On the post: US ISP Suddenlink Claims The DMCA Requires They Disconnect Users
On the post: Justice Department Insists It Should Be Able To Secretly Stick GPS Devices On Cars Without Warrants
Re: No need to involve cops for GPS
They tried that bullcrap in California awhile ago, and the judges were not buying it.
In fact, one prosecutor was put into jail for contempt for a few days for trying that argument.
Judge made it VERY clear: if the police ask a private citizen or private corporation to do something and then that corporation or citizen asks ANOTHER person to do something else that is CONNECTED with the thing the cops asked the first person to do?
THROWN OUT EVIDENCE, unless the cops have a warrant, because those people are working ON BEHALF OF THE POLICE... i.e. they are deputized officers.
On the post: Justice Department Insists It Should Be Able To Secretly Stick GPS Devices On Cars Without Warrants
Re: Technology Abuse
Frankly, there is a FREAK-TON of stuff that 'society' says is 'bad' that I do not agree is bad, and I have very good arguments for why those things are not bad until SOCIETY butts their pointed, 3 foot long noses into a person's business.
On the post: Justice Department Insists It Should Be Able To Secretly Stick GPS Devices On Cars Without Warrants
Re: Re: Re: Re: Re: Re: Re:
Meaning, good behavior over a period of time.
With the police? I tell everyone I know to NOT distrust them and to basically hate them.... by showing them the NUMEROUS instances where the police have overstepped their bounds in the mind of the regular American (not the criminal American) and not been punished for it.
To be blunt: I am more frightened of the freaking police than I am of a child forcible rapist, serial killer, etc.
On the post: Justice Department Insists It Should Be Able To Secretly Stick GPS Devices On Cars Without Warrants
Re: Re: Re: Re: Re: Re: Re:
When something is of IMMEDIATE necessity to take action on, like you hear gunshots or someone screaming "DON'T KILL ME!".... okay, that is probable cause.
Following someone everyone they go based on a SUSPICION that they are doing something illegal? Hell no, that is called 'gut instinct' and it was MANY MANY MANY MANY MANY MANY times in courts called NOT PROBABLE CAUSE!
On the post: Justice Department Insists It Should Be Able To Secretly Stick GPS Devices On Cars Without Warrants
Re: Re: Re: slightly off topic
The ONLY reason that the crime rate is now going DOWN is because the VIOLENT gun criminals are being put in? PRISON! For 20-life or longer!
No, getting rid of the guns in society made society MUCH LESS SAFE. How? By making criminals not take that second to think about "Oh, I might get shot and killed if I break into a person's home!"
NON-gun crime in Britain: home invasions without guns, break-ins, etc. have gone UP since gun control was passed, not down, buddy boy!
On the post: Justice Department Insists It Should Be Able To Secretly Stick GPS Devices On Cars Without Warrants
Re: Re: Re:
In that ONE STATE (and that law could be challenged as giving rights to the federal government hat a regular citizen doesn't not have, which is ILLEGAL!)? Yeah, it's a license.
On the post: Football Helmet Maker Drives Competitor Into Bankruptcy With Patent Lawsuits
Re: ???
On the post: Football Helmet Maker Drives Competitor Into Bankruptcy With Patent Lawsuits
Re:
Very bad for America!
It keeps people from innovating for fear of infringing on someone else's patent. I am of the idea that we don't these damned patents!
Just let someone start a business making a product and if someone comes into the light and they cannot compete with that other guy? Too bad, so sad, I DON'T CARE!
That is COMPETITION! Where you don't get a 'mulligan' ever!
On the post: How The Attempted Censorship Of File Sharing Sites Avoids Due Process
Re:
On the post: How The Attempted Censorship Of File Sharing Sites Avoids Due Process
Re: Thanks for highlighting this
Only through the damned legal system!
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