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Obama DOJ Sides With RIAA Again In Tenenbaum
NewYorkCountryLawyer writes "Despite having had some time to get their act together, Obama's Department of Justice has filed yet another brief defending the RIAA's outlandish statutory damages theory — that someone who downloaded an mp3 with a 99-cent retail value, causing a maximum possible damages of 35 cents, is liable for from $750 to $150,000 for each such file downloaded, in SONY BMG Music Entertainment v. Tenenbaum. The 25- page brief (PDF) continues the DOJ's practice of (a) ignoring the case law which holds that the Supreme Court's due process jurisprudence is applicable to statutory damages, (b) ignoring the law review articles to like effect, (c) ignoring the actual holding of the 1919 case they rely upon, (d) ignoring the fact that the RIAA failed to prove 'distribution' as defined by the Copyright Act, and (e) ignoring the actual wording and reasoning of the Supreme Court in its leading Gore and Campbell decisions. Jon Newton of p2pnet.net attributes the Justice Department's 'oversights' to the 'eye-popping number of people [in its employ] who worked for, and/or are directly connected with, Vivendi Universal, EMI, Warner Music and Sony Music's RIAA.'"
The media fell in love with Obama during his election campaign. Don't think they won't come asking for favors later, and don't be surprised at the response. My new voting strategy: Find out who Tom Cruise is voting for. Vote for the other guy.
Yeah Depublicans! Beat the Remocrats!
It's all so different when the communists control the USA instead of the fascists.
I'm not pessimist. I'm an optimist. I am right in the middle of a real change -- a return to small, Constitution-sized government. It's exciting and fascinating to watch it unfold. If you'd like to see it too, click the link in my sig.
Part of the Second American Revolution!
I'm having that "meet the new boss, same as the old boss" moment that I really didn't want to have.
I wasn't expecting to agree with everything Obama did, that would be simplistic. I just wasn't expecting to find so little to agree with. The same agenda advanced under Bush is advanced under Obama. And it's kind of clear that this isn't Obama's agenda, possessive, implying ownership, any more than it was Bush's -- they're the pitchmen.
Kwisatz Haderach
Sell the spice to CHOAM
This Mahdi took Shaddam's Throne
That is patently false. If you look at political donations from Hollywood, it overwhelmingly favors Democrats. If one looks at executives of RIAA and MPAA companies the imbalance is even greater.
Pay one cop $1M each month to look the other way. Pay the other cop $2M each month to look the other way. Which cop turns you in? Answer, neither, because both want the money, and killing the goose that lays the golden eggs is no way to make money.
"Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
At a certain point, you have to conclude that presidents are pretty much figureheads. I don't recollect any major policy changes when Clinton took over from Bush Sr., nor when Bush Jr. took over from Clinton, nor when Obama took over from Bush. No matter what they promise, conservative or liberal, Democrat or Republican, the actual policy shifts are marginal, no matter how much they've criticized their predecessor while running for office. This forces me to conclude that either a.) presidents are privy to some information upon coming to office that compels them all to respond in a similar manner, or b.) there's a Man Behind the Curtain that actually calls the shots, and presidents don't have the discretion to act as is commonly thought.
American Third Position
Finally, a real choice!
isnt that what they said about bush? it was his fault ect whatever? now it happens to precious obama and its wrong?
Actually I think the lawmakers shutting down is an indicator of government working as it should.
Theoretically you should have two opposing views on any issue, so you'd only get a majority vote approving something that was actually necessary/worthwhile. Obviously the parties are way too friendly in the US - they seem to constantly be passing new useless laws and pork projects. Normally this sort of behavior would be an indication that we need to oust them and get fresh meat in the system, but lately the American people have been extremely apathetic. Bread and circuses.
Another idea that might help are expiring laws by default... Something like:
- All laws expire after 5 (or 10) years if not renewed
- Laws can be made permanent on the third renewal if they are passed with an overwhelming majority (90%?)
That would allow 15 years to prove a law is actually valuable and necessary, and remove the effort of trying to get the votes to take bad laws off the books.