I'm baffled why none of the defense teams in any of these cases ever dig into the actual facts and make the record companies prove actual damages. They know what songs were downloaded; they could research the sales figures, and make them show that after the date the song was downloaded, what the effect on sales was. Statutory damages are meant to be levied when actual damages are difficult to prove, but I would think someone, somewhere would try to tie the damages to some semblance of reality.
"...Essentially, this ruling would be a gut job on copyright, as it would first shift the burden in fair use cases. It would make fair use the default, and require the plaintiff to show that the use isn't fair. It would require the showing that the use specifically hurt creativity. That is not what the copyright laws require at all ..."
Wrong and Wronger.
That is exactly what copyright law was originally intended to do. Fair use IS the default. Copyright is a restriction of free speech for the purpose of granting a commercial monopoly. You absolutely, positively SHOULD have to prove some harm and damage before you are able to inhibit free speech. "Innocent until proven guilty" is still a core concept in the rule of law, regardless of what copyright maximalists would like.
Off topic, but Nina's quilts are lovely works of art.
On topic, this a great story about how a creative person can support themselves and continue doing what they love.
Sure, as long as he ALSO pays. They don't really care how you get the content, as long as you support the record companies, CD makers, the RIAA etc. etc.
"... significant and possibly irrevocable damage."
But the bogus lawsuits, the fact that "Academic Advantage Scam" is the FIRST auto-complete suggestion, and the renewed interest and publicity for the SCAM association are an absolute BOON to our client, and money well spent.
Both of those attacks could be considered successful because the attacker got on the plane with an incendiary device and could have done damage. I was mainly referencing other terror plots (not just aircraft bombing) that have been prevented by intelligence gathering and going after actual criminal and terror suspects. No determined terrorist is going to be deterred by pat downs, x-rays, or any other ridiculous measure they come up with.
None. The answer is "none." They have never caught anyone and they never will. The only terror plots that were ever foiled, were done in by police work and intelligence gathering. If we took one tenth of the money we spend on dick-measuring machines and having mouth-breathers groping children, and spent it on actual intelligence, I think we would find a multitude of terror attacks being planned right now. Attacks that we don't know about, that may cause deaths, and won't be stopped by making Aunt Edna take off her corrective shoes and submit to invasive groping.
I look at this as the upside to current inertia in the Senate. Since nothing is getting done, the bad bills are obstructed just the same as any good ones.
On the post: Copying Is Not Theft, But Censorship Is
On the post: I Coulda Been A Credenza: Brando Estate Sues Over Couch Named Brando
On the post: Compare And Contrast Two Systems To Let People Notify Elected Officials About Their Feelings On PROTECT IP
Maybe ..
On the post: Can Pundits Actually Prognosticate? Answer: Mostly, No
On the post: Tenenbaum Appeal Heard: Is It Okay To Make Someone Pay $675,000 For Downloading 30 Songs?
I'm baffled ..
On the post: Big, Big Loss For Righthaven: Reposting Full Article Found To Be Fair Use
Re: Re: Re:
Wrong and Wronger.
That is exactly what copyright law was originally intended to do. Fair use IS the default. Copyright is a restriction of free speech for the purpose of granting a commercial monopoly. You absolutely, positively SHOULD have to prove some harm and damage before you are able to inhibit free speech. "Innocent until proven guilty" is still a core concept in the rule of law, regardless of what copyright maximalists would like.
On the post: The 'Other' One-Click Patent Holder Sues Apple, Paypal... And Victoria's Secret
On the post: Case Study: Leah Day Brings Free To The Quilting World
On topic, this a great story about how a creative person can support themselves and continue doing what they love.
On the post: Once Again, If You Don't Offer Authorized Versions Of Released Content, Don't Be Surprised If People Get Unauthorized Copies
Re: Re: Re: Re: Re: Re:
On the post: If You're Unhappy With The Prostitute You Hire, Perhaps Don't Call The Police... And Then Sue The Escort Company
Seriously?
On the post: Bill Introduced To Require Bogus 'Warnings' On Video Games
Re: Great idea!
On the post: This DMCA Notice Got Runover By A Reindeer...
Why stop at just the one video?
On the post: No, Just Because A Site Contains 'Academic' 'Advantage' & 'Scam' On The Same Page, It Is Not Defamation Against Academic Advantage
"... significant and possibly irrevocable damage."
On the post: Wrongful Arrest Demonstrates Dangers Of Law Enforcement Listening To Bogus Industry Claims
Typo Win!
On the post: If You Don't Get Every Detail Of Your TSA Detention Exactly Right, The TSA May Publicly Shame You
Re: Re: Re: Just wondering..
On the post: If You Don't Get Every Detail Of Your TSA Detention Exactly Right, The TSA May Publicly Shame You
Re: Just wondering..
On the post: Astronaut Sues Dido For Using His Photo In Album Cover
One small lawsuit for man,
On the post: COICA Censorship Bill Shelved... For Now
Silver Lining
On the post: State AGs Now Targeting Backpage After Forcing Craigslist To Stop Helping Them Pursue Lawbreakers
Re: GET A LIFE
On the post: Police Misunderstand Internet Meme: Warn People About Pedobear
Next >>