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Sotomayor's Position On Copyright Damages

Too Lazy to Login writes "Wired reports that, based on her previous decisions, Sonia Sotomayor will likely affirm high damages (read: RIAA excessive) in cases where copyright claims are at issue. Good thing I'm not a betting man, because I'd have guessed the exact opposite." We discussed the nominee's cyberlaw record in general last week.

15 of 456 comments (clear)

  1. always? by Lord+Ender · · Score: 0, Flamebait

    Would she favor high copyright damages against latino female file-sharers?

    (sorry, had to go there. you may now release the hounds.)

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    1. Re:always? by harryandthehenderson · · Score: 0, Flamebait

      The preferred term is Latina

      No shit, Sherlock. That was kind of the whole point of my post which was mocking his use of a masculine version of the adjective to describe a female.

  2. WTF did you expect? by Pictish+Prince · · Score: 0, Flamebait

    I mean, seriously: Obama comes from the epicenter of corruption in this country. Did you think for an instant he would forsake his corporate sponsors?

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    Only his tendency toward a dazed stupor prevented him from screaming aloud.
  3. and hyperbole as well. by Shivetya · · Score: 1, Flamebait

    because the method of intimidation favored is to claim the opposing views are only driven by prejudice and paranoia.

    Figuring her panel's overturn rate by the Supremes is probably a better indication of why she should not be on the Supreme Court but is fine where she is.

    The real problem, she was selected for what she is, not who she is or how she ruled... at least according to the speech the teleprompter provided.

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    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  4. Re:RIAA by ScentCone · · Score: 0, Flamebait

    ... if people want their government representatives and judges to understand their reservations about RIAA's way of doing business ...

    This is exactly what's wrong, here. Appelate judges (which include the associates of the Supreme Court) do not represent the people. They represent the Constitution. They look at existing laws and make sure that, when a case is brought before them, those laws are being applied in keeping with the Constitution. The judges should be completely blind to the aspirations, desires, or preferences of "the people," other than as it has been expressed through the laws that the people's representatives have legislated into place. And those representatives and the laws they've produced have a long history of supporting copyrights.

    That's why Sotomayor's comments about her expectations that a wise Latina would make "better" decisions than a white male says a lot about how wrong headed she is about her prospective new job and the role of a justice. Likewise when she yuks it up, nudge-nudge-wink-wink, about how she shouldn't say out loud how the appelate courts are where "policy is made." Completely, absolutely backwards, constitutionally. Just like the guy who's appointed her, of course, so that's not really all that surprising, I suppose.

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  5. Stop it! by DaveV1.0 · · Score: 0, Flamebait

    Copyright infringement eats billions of dollars in would-be profits from the makers of music, movies, games and software, according to those industries.

    Here is a simple solution: Get some morals and ethics and stop infringing on their copyrights. I know, I know, you don't want to have to pay for what you want, but tough shit. Do the right thing.

    If you don't agree with the law, work on changing it. And, if you choose to break the law, don't whine about it when you get your ass smacked. You made your choice, live with the consequences.

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    1. Re:Stop it! by DaveV1.0 · · Score: 0, Flamebait

      There is nothing morally wrong with making copies of a copy.

      You mean besides violating someone's rights? That is right, someone has the legally-granted, exclusive rights to make copies of a work, including copies of copies, and when one does either of those, one is being both legally and morally wrong.

      copyright infringement law was designed to prevent large organizations from taking a individuals work and a profiting from it.

      Prove that statement or admit you are a liar.

      If you think this same logic applies to big business you dont understand the dynamics, its that simple. ...
      Large entities don't need the same rights as individuals. Copyright should not extend to them at all.
      It should only extend to the individual as how it was intended.

      Legally, corporation are separate, legal entities from their owners and the people that constitute them. That is why they are corporations, i.e. separate legal entities. And, they have rights just like every other legal entity. And, regardless of your asinine opinion, copyright does extend to them as well.

      Now, go dig your head out of your ass.

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    2. Re:Stop it! by DaveV1.0 · · Score: 0, Flamebait

      In other words, the companies legally worked to legally change the law. And, rather than doing what I said:

      If you don't agree with the law, work on changing it.

      you would rather whine and be an immoral asshole. Rather than actually working to change things, you act immorally while saying "they are being immoral too!!!" when they are following the law and you are not.

      If and when you get caught making illegal copies, do not fucking whine about it. And, when you end up in court, remember to use the defense you have so succinctly expressed here: "I think they are being immoral, even if they are legally correct, so I figured the law didn't apply to them or me!"

      You are a pathetic excuse for a human being. You are a waste of flesh. Fuck you very much, shithead.

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      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    3. Re:Stop it! by DaveV1.0 · · Score: 0, Flamebait

      Oh, I forgot we are in dictatorship where the people have no say in who is their leaders, who makes the laws, or anything like that.

      Get off you stupid ass and work to change the law.

      You say the law was bought and paid for, find the proof. Start grass roots organizations. Lobby the congresscritters, damn it. Use you fucking rights and do something constructive instead of being a whining puissant.

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      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  6. Re:Well, Obama is nominating Sotomayor... by mR.bRiGhTsId3 · · Score: 0, Flamebait

    You do realize the rest of the world is still laughing at us right? For instance, he has managed to insult our closest ally. Not only that, but he can't decide what his policies will be. Sure, he's going to oppose sending troops to Iraq, only then to decide that he should send troops to Afghanistan instead. Oh, and he can't actually decide if he wants to close Gitmo or not. This man is just as much a bumbling fool as Bush was, but then again, "we" elected someone who hasn't ever served a full term of office at the federal level before. I don't know what "we" expected.

  7. Re:Well, Obama is nominating Sotomayor... by erroneus · · Score: 0, Flamebait

    I guess you're right. After all, it just takes a small movement to get people to mispronounce a word or a name and before long, EVERYONE is doing it. http://www.merriam-webster.com/help/faq/pronounce.htm

    Repeat after me!

    J-E-S-U-S spells "Hey Soos" not "Jee Zuhs"

    Yet another hick comes along long long ago and it just sticks and ruins it for everyone. And it's not like people don't know at some level that "Jee Zuhs" isn't a mispronunciation. Every time they meet or reference a hispanic person named "Jesus" they automatically pronounce his name correctly just as they almost always pronounce "jalapeno" correctly... even when they don't know what the tilde-N is supposed to sound like.

    I like truth to be true for as long as possible. I am absolutely certain that what I think is the truth isn't completely true and some of it is probably way-fucking-wrong. But I am willing to update what I think is truth when new and better truth comes my way...especially when it is supported by evidence and stuff like that. (please... no evidence can be based on feelings..."search your feelings... you know it to be true...")

  8. Re:Well, Obama is nominating Sotomayor... by Doomdark · · Score: 0, Flamebait


    How exactly is this health care going to be paid for?

    Possibly by making the system as efficient as healthcare systems of other industrial countries. As you may know, US uses 2x as much money for health care as other industrial countries, while getting lower coverage: and yes, the two issues are related. This is an issue well studied, and most healthcare professionals are familiar with the data (talk to any doctor).

    So how do others do it? By having this invention called "universal health care" (aka single-payer system -- does not necessarily mean society-owned or operated hospitals etc)

    "Downside" is that there is somewhat less profit going to private enterprises that "manage" health care; and also less money for medical hardware manufacturers (US medical providers heavily overuse lab/diagnostics tools because those are easier to get paid than actual work by doctors etc), possibly less for pharmaceuticals ("govt healthcare" can use its buying muscle to get better prices on medications).

    This is assuming US actually would use common sense and see how other countries like, say, Sweden do it.

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  9. austin milbarge by Austin+Milbarge · · Score: 0, Flamebait

    What did you expect? It's liberals like Obama that embrace and encourage litigation and big $$ awards. Did someone say Hope and Change??

  10. Welcome to the new America, hope you like it here by spun · · Score: 0, Flamebait

    No, you said Obama is far to the left of the citizens that elected him, implying they are too stupid to vote for what they want. America is a liberal country. The right wing, the Republicans, are a dying breed that only gets any traction in the south among old white men. They are the minority. You are the minority. America isn't the hate filled, greedy, racist, misogynistic country you seem to hope it is.

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