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Veoh Once Again Beats UMG (After Going Out of Business)
NewYorkCountryLawyer writes "Veoh has once again beaten the record companies; in fact it has beaten them in every round, only to have been forced out of business by the attorneys fees it expended to do so. I guess that's the record companies' strategy to do an 'end around' the clear wording of the DMCA 'safe harbor': outspend them until they fold. Back in 2009 the lower court dismissed UMG's case (PDF) on the ground that Veoh was covered by the DMCA 'safe harbor' and had complied with takedown notices. The record companies of course appealed. And they of course lost. Then, after the Viacom v. YouTube decision by the 2nd Circuit, which ruled that there were factual issues as to some of the videos, they moved for rehearing in UMG v. Veoh. Now, in a 61-page decision (PDF), the 9th Circuit has once again ruled that the statute means what it says, and rejected each and every argument the record companies made. Sadly, though, it did not award attorneys fees."
In an inquisitorial court, the notions of "fairness" and "justice" are determined by the inquisitors, rather than the people actually harmed. Nevermind how much an offense actually harmed you - it's what the judge thinks that matters. That sentimental statue that the mugger smashed? The one your great-great-grandmother carved while on a ship coming over from Europe? In the eyes of the inquisitorial court, it's just a trinket, and is of no consequence.
While an inquisitorial system does give a more objective sense of justice, the people involved don't really get any outcome that seems fair. This is why inquisitorial systems in practice have such poor reception. Consider how much hatred is seen even here on Slashdot for arbitration clauses in contracts. People expect that the inquisitorial arbitration will simply side in favor of the bigger company, and don't expect a fair chance to present their own side of the story.
Inquisitorial systems are also games, but the game is different. Rather than argue for one's case with reason and law, one gambles with the statistics of inquisitors. Since there is no risk of of encountering a particularly skilled opponent, any criminal can simply adjust their illegal activities to the skill of the state, since only the state can argue against them. A few well-placed bribes can ensure that investigators never really find anything too badly wrong, regardless of how the aggrieved may want to interpret the law.
The adversarial system is based on the concepts that only the aggrieved can determine how badly they've been harmed, and the state cannot be implicitly trusted. The government is supposed to be only the representative of the society, closely following society's standards for morality and formality as the plaintiff's arguments change. In an inquisitorial system, the state is assumed to be an infallible and absolute embodiment of fairness. The inquisitorial system's opinions of right and wrong only change as judges retire.
That's just a few reason why most countries actually have an adversarial system for most grievances, and only a handful actually use an inquisitorial system.
You do not have a moral or legal right to do absolutely anything you want.
I do not think you understood what Russotto was referring to...
"Some of his battles, though successful, cost him heavy losses, from which the term "Pyrrhic victory" was coined".
I thank Russotto for presenting such a fine example of what is meant by that phrase.
"Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
Companies will simply wise up and shift to countries like Australia where loser pays and losing one case can set powerful precedents and barretry laws can come into pay, not only does loser pay but they can be sued for damages and penalties. Quite simply if you are becoming the target for bullshit lawsuits remaining head quartered in the US is crazy and a shift to Australia makes legal sense.
Chaos - everything, everywhere, everywhen