He wrote "The Green Mile" in that fashion - released the first chapter and based on the response, kept releasing a single chapter at a time. He started it as more of an experiment and found it to be very successful.
What?? So by that logic, every person who downloaded or streamed the music in question needed to be explicitly authorized by EMI? Why, then if that's such a valid argument, did EMI violate rules of discovery and omit those tidbits of informaton about how the music was beind promoted and distributed?
Let's talk about the legal concept of intent as it pertains to civil matters.
It's safe to say that EMI's INTENT was to make the songs as widely available as possible (re-read the paragaph that mentions Toolshed in case you disagree). It's eqully safe to say it was EMI's INTENT not to disclose any of this in order to press their lawsuit - and clearly was their INTENT to be deceptive about it.
I was hoping that this Christmas someone had bought you that radon gas detector for your residence...clearly not.
I get the impression that even the Judge is questioning the entire case (i.e. railroad job):
Paragraph 52: "On any view of the matter, the legal proceedings in which Mr Dotcom has been involved to date in responding to the charges and processes of the United States authorities in New Zealand have been significant, complex and in many respects novel.
Tired of not getting your slice of the lawsuit pie? Have you watched others sue successfully while you have failed over and over again? Has Robert Shapiro and legalzoom.com even refused to sell you generic forms that you can find free all over the internet? Fear not! Do-It-Yourself Lawsuit classes are here! We're currently accepting new students for our upcoming semester! Classes will focus on the following:
Selecting a target: facts are irrelevant.
What constitutes a tortious issue (formerly titled Obfuscate! Obfuscate! Obfuscate!).
IANAL - Look in the mirror 'cause it's not a porn reference.
Spellcheck and You: a working relationship!
Prerequisites for the course:
Valid email account.
Ability to maintain/nodding acquaintance with sentence structure.
Hardly. The court has put an end to the fishing expidition that has become the common tactic in these cases. No longer can they use the court to force discovery on an issue that isn't being litigated. It also invalidates the IP address = you bs that has been egregiously abused.
If it's too expensive for the rights holder, waaah. That's not anyone's problem but the rights holder. What I see is a judge who has put a stop to sanctioned blackmail. Finally.
I would think the prosecutors were the ones asking for the conditions of bail, not the judge. Once they knew they couldn't prove any hidden assets they would have that discussion internally and list conditions on which they would agree to his release on bail. That said, I'm hoping the rest of the case can be shown to be equally misrepresented by the U.S. Attorneys.
Yes I am serious - the separation was supported politially. Goling completly off-topic - militarily, they were on their own. NATO didn't even want to extend membership because the Baltic States hold no strategic value and have a piss-poor military. If Russia wanted to flatten them, it would mean NATO would have to intervene under the joint defense agreements. Running a proxy war there wasn't going to happen, so they were SOL.
The US has a nasty habit of doing that - encouraging uprising and/or independence, but then not lifting a finger in the resulting chaos. See Iraq, former Yugoslavia.
US Senator McCain: Estonia Can Be Sure of US Support
3 August (BNS)
Senator John McCain, a former presidential candidate of the Republican Party of the United States, thanked Estonia during his Tuesday meeting with Estonian Defence Minister Mart Laar and confirmed that Estonia could be sure of US support.
During their meeting, Laar and McCain discussed the situation in the United States in connection with the debate over budget cuts and its potential effect on the defence budget. They also discussed co-operation opportunities between the United States and Estonia; the situations in Russia, Afghanistan and Belarus; and issues connected to cyber defence. Laar gave a longer overview of Estonia's activity in the cyber defence sphere.
McCain noted Russia’s actions in the accusation of its neighbours but expressed hope that it would not give any major results. "We know Russia and we know you," the senator said.
Laar said that the meeting passed in a warm atmosphere and the senator recalled his visit to Tallinn. "Our views are close and our aims similar. It is good for Estonia to have such a good friend in the US Congress," Defence Minister Laar said.
Re: OT: Will Congress Take Privacy Out of Your Netflix Queue?
I understand why there has to be a Bill to change this, my question is, what's *behind* this piece of legislation? It seems a little odd to me that suddenly what we rent on Netflix is of interest.
Now where did I put that article on removing any identifiers from ripped DVD's.....
That's what happens when you accept aid and support from the US. Look at the history of the Baltic States - the US supported and backed their separation from Russia, backs their membership to NATO, etc. Estonia also hosted some of the secret CIA interrogation centers. The paymasters in Tallin are getting the bill for all that.
Wow - as in I cannot believe your blind faith in the process. I think the recent events demonstrate that the democratic process is meaningless. I see businesses fighting to keep control and certainly will pull out all the stops in order to get what they want; to believe anything different is foolish.
If you read the entire order, it sounds like the judge was fed up with the antics of the attorneys. A subpoena is signed by the judge before being executed so to file a motion to quash is tantamount to telling the judge to stick it. I'd also bet there's been a lot of similar crap in this case that preceeded this order/attorney smackdown. I'll bet there's thousands of judges who would agree.
I see a country in decline. Instead of focusing on the basics to make this country stronger, this latest wake-up call has everyone pointing fingers at everyone else, including blaming the messenger S& P. SO we'll just trot along in ignorance, declining just slowly enough to remain oblivious to what's happening until it is too late.
On the post: Transcripts Of John Steele's Phone Calls To Alan Cooper
On the post: The Next eBook Evolution: Pay As You Read eBooks
Yes he did
On the post: EMI Was Actively Giving Away MP3s It Accused Michael Roberston Of Downloading Illegally
Re: Was Robertson explicitly authorized?
Let's talk about the legal concept of intent as it pertains to civil matters.
It's safe to say that EMI's INTENT was to make the songs as widely available as possible (re-read the paragaph that mentions Toolshed in case you disagree). It's eqully safe to say it was EMI's INTENT not to disclose any of this in order to press their lawsuit - and clearly was their INTENT to be deceptive about it.
I was hoping that this Christmas someone had bought you that radon gas detector for your residence...clearly not.
On the post: New Zealand Court Releases $4.83 Million To Kim Dotcom
Re: Bigger than DotCom
Paragraph 52: "On any view of the matter, the legal proceedings in which Mr Dotcom has been involved to date in responding to the charges and processes of the United States authorities in New Zealand have been significant, complex and in many respects novel.
On the post: Canada Approves New Music Tariffs; Weddings Cost Double If You Dance
Re:
On the post: Band Protests As A Copyright Troll Sues Its Fans
Re: Re: you're != your
On the post: Techdirt Threatened With Defamation Suit Over Story On Feds Getting Royalty In Movie From Mexican Drug Cartel Money Launderer
Introducing: Do-It-Yourself Lawsuit Classes!
Selecting a target: facts are irrelevant.
What constitutes a tortious issue (formerly titled Obfuscate! Obfuscate! Obfuscate!).
IANAL - Look in the mirror 'cause it's not a porn reference.
Spellcheck and You: a working relationship!
Prerequisites for the course:
Valid email account.
Ability to maintain/nodding acquaintance with sentence structure.
A pulse.
On the post: Yet Another Copyright Troll Case Kicked Out Of Court, With Excellent Reasoning From The Judge
Re: Re: Re:
If it's too expensive for the rights holder, waaah. That's not anyone's problem but the rights holder. What I see is a judge who has put a stop to sanctioned blackmail. Finally.
On the post: High School Student Expelled For Tweeting Profanity; Principal Admits School Tracks All Tweets
I think you're all missing the real issue....
On the post: MPAA Asks For Megaupload Data To Be Retained So It Can Sue Users... Then Insists It Didn't Really Mean That
Re:
On the post: Megaupload Boss Kim Dotcom Granted Bail After US Fails To Prove He's Got Cash Stashed Away To Make An Escape
On the post: Do Not Discuss The Movie You Just Saw
On the post: Estonia Next In Line To Receive US 'Encouragement' To Adopt Harsher Anti-Piracy Laws
Re: Re: Re:
The US has a nasty habit of doing that - encouraging uprising and/or independence, but then not lifting a finger in the resulting chaos. See Iraq, former Yugoslavia.
US Senator McCain: Estonia Can Be Sure of US Support
3 August (BNS)
Senator John McCain, a former presidential candidate of the Republican Party of the United States, thanked Estonia during his Tuesday meeting with Estonian Defence Minister Mart Laar and confirmed that Estonia could be sure of US support.
During their meeting, Laar and McCain discussed the situation in the United States in connection with the debate over budget cuts and its potential effect on the defence budget. They also discussed co-operation opportunities between the United States and Estonia; the situations in Russia, Afghanistan and Belarus; and issues connected to cyber defence. Laar gave a longer overview of Estonia's activity in the cyber defence sphere.
McCain noted Russia’s actions in the accusation of its neighbours but expressed hope that it would not give any major results. "We know Russia and we know you," the senator said.
Laar said that the meeting passed in a warm atmosphere and the senator recalled his visit to Tallinn. "Our views are close and our aims similar. It is good for Estonia to have such a good friend in the US Congress," Defence Minister Laar said.
On the post: Rather Than Bitching About The Failure Of SOPA/PIPA, Rupert Murdoch Should Take A Closer Look At His Own Policies
Re: OT: Will Congress Take Privacy Out of Your Netflix Queue?
Now where did I put that article on removing any identifiers from ripped DVD's.....
On the post: Estonia Next In Line To Receive US 'Encouragement' To Adopt Harsher Anti-Piracy Laws
Re:
On the post: Hollywood Gets To Party With TPP Negotiators; Public Interest Groups Get Thrown Out Of Hotel
Re: Re: Re: Re: Re:
On the post: Hollywood Gets To Party With TPP Negotiators; Public Interest Groups Get Thrown Out Of Hotel
Re: Re: Re:
On the post: Benchslapped: Judge Invites Lawyers To 'Kindergarten Party' To Learn How To Be A Lawyer
On the post: Dear Everyone: Stock Market Problems Are Not Directly Due To S&P Downgrade
I see a country in decline. Instead of focusing on the basics to make this country stronger, this latest wake-up call has everyone pointing fingers at everyone else, including blaming the messenger S& P. SO we'll just trot along in ignorance, declining just slowly enough to remain oblivious to what's happening until it is too late.
On the post: More Fraud Investigations Over Recording Industry Execs; Swiss IFPI Boss Resigns
Re: Re:
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