Hackers and intellectuals get smeared by FUD in the eye of the public, and the intended target audience is led to believe that hackers and intellectuals are "nothing but a dirty rotten pack of cheaters and pirates"
And big corporations can still spamigate the competition with DMCA notices and not worry about splitting hairs if the people they hit are too scared or broke to fight back in court.
Now if the same perjury penalties for sending a false *counter* notice also applied to the original notice itself, we'd see a lot less frivolous use of DMCA notices.
Lawyers facing disbarment and jail time would think twice before they send a frivolous notice.
Just require notices to have the same "penalty of perjury" requirements that counter-notices are already bound by and I'd be satisfied.
I don't think the UMG lawyer who wrote the notice would want to risk getting disbarred just to backstab the competition with legal trickery.
As a side note, the fact that notices and counter-notices are treated unequally with regards to perjury as it is smells like a deliberate arrangement to give content producers the upper hand in the market. Just spamigate the competition with DMCA notices and see what sticks.
Presently the only good thing about the DMCA is that innocent bystanders that happen to be hosting something uploaded by someone else don't get caught in the crosshairs. Everything else is utter and complete bullshit.
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And now thanks to res judicata, since it was a class action NOBODY can sue them for it.
OtherOS users who get smeared by Sony's FUD as nothing but pirates and cheaters who DESERVE to get screwed.
It's shocking how many members of the "regular" gaming crowd will be quick to smite you for so much as defending them.
Boo who cares about that minuscule section of the market that deserves to get fucked in the ass anyway for ruining our games.
Here's a good way.
When someone is scammed NOBODY gets to keep it.
The idiot who fell for it gets punished as a fool being parted from his money.
The asshole who took it gets punished as a thief
And they will conveniently lose (shred) the paperwork.
Gross negligence cannot be waived, neither can reckless or intentional behavior.
When two farmers fight over a cow that straddles their fence it will only get milked by a lawyer.
At any rate, the reason nice guys finish last is that the nasty ones kick them in the nuts.
Neither Sony nor the PS3 know OR CARE about the difference between unsigned indie works and pirated works.
I didn't say it wasn't, just explaining why the GPL is pissing off the 800 pound gorilla in the room.
The GPL doesn't restrict you from doing anything but hogging the fruits of other people's labor for yourself.
So maybe the FSF should go on a public relations campaign to explain the GPL so that lawyers aren't afraid of it.
It might be the antidote to all the FUD people spread about it.
Sounds more like the work of anti-FOSS FUD than any inherent deficiency in the GPL.
But your competition can't steal your code and keep it for themselves. They have to keep it just as open as you have to.
GPL is unpopular with business because it cuts into their ability to use secret sauce to hog market share.
If I was a member of the werewolf guild I'd sure as hell not be fond of silver.
GPL is not a contract of adhesion.
It's a conditional license without which you'd be in violation of copyright law if you modified or distributed the software.
Why did google do that?
Was google intimidated by a legal threat?
There was no contract between youtube and megaupload, so there is no tortious interference.
Anything that UMG did technically is permitted under youtube's TOS, so as far as megaupload is concerned, UMG acted as youtube's agent.
The elites will never let their buddies in the FTC allow that merger to go through.
Remember, the MAFIAA owns the government. Hell it even has its own lawyers running the DOJ.
I think siccing the DOJ on any attempted buyout would work.
You can still go after the lawyers for perjury and get them disbarred.
nope
Filing a false DMCA claim unfortunately is not perjury.
Filing a false counter-notice is though.
Seems a bit one sided doesn't it?
People who file counter-notices are already certifying their innocence under penalty of perjury.
Make the original party bound by the same requirements for sending the notice in the first place.
Take a look at Geohot in fact.
Hackers and intellectuals get smeared by FUD in the eye of the public, and the intended target audience is led to believe that hackers and intellectuals are "nothing but a dirty rotten pack of cheaters and pirates"
The penalty is not heavy enough.
And big corporations can still spamigate the competition with DMCA notices and not worry about splitting hairs if the people they hit are too scared or broke to fight back in court.
Now if the same perjury penalties for sending a false *counter* notice also applied to the original notice itself, we'd see a lot less frivolous use of DMCA notices.
Lawyers facing disbarment and jail time would think twice before they send a frivolous notice.
Just require notices to have the same "penalty of perjury" requirements that counter-notices are already bound by and I'd be satisfied.
I don't think the UMG lawyer who wrote the notice would want to risk getting disbarred just to backstab the competition with legal trickery.
As a side note, the fact that notices and counter-notices are treated unequally with regards to perjury as it is smells like a deliberate arrangement to give content producers the upper hand in the market. Just spamigate the competition with DMCA notices and see what sticks.
Presently the only good thing about the DMCA is that innocent bystanders that happen to be hosting something uploaded by someone else don't get caught in the crosshairs. Everything else is utter and complete bullshit.
Which strikes an anti DMCA nerve with Big Content folks who don't want to lose the leash they have their users bound by.
Telling a commercial company to use the GPL is like telling an alcoholic to lob a nuke at the brewery.
Companies LOVE screwing their users over, and giving that up is too hard.
Moochers with big legal muscles.