That is incorrect for several reasons. Without going into detail, there is no blanket rule in California for cost/fee shifting. Statutes provide for costs and fees only under certain circumstances. IAAL
Wanna know where this is happening today? One example I just ran into is one of the ESPN websites popped up a message that said they could not stream any content to me because my ISP is not one of their preferred providers. My ISP just so happens to have competing content of there own. This is the exact hypothetical situation that everyone is discussing... except its not hypothetical. Its probably just the tip of the iceberg too. This business with Netflix and Comcast is just another example.
The idea that the market will sort it out is nice but has never ever applied in the case of monopoly or oligopoly. I live in a big technologically advanced city and we only have two choices of broadband. One of them is not available in my neighborhood. Saying that I could just go to a competitor if I don't like the service is ignorant of the realities of how broadband is delivered in this country.
You are right that you have to prove actual damages to get actual damages. But, Viacom could get statutory damages because the copyrights were register before the infringement occurred.
Let me qualify this with today being my example. I woke up and printed out the lecture notes outline for one of my classes from the internet (only available on the class homepage), which is basically required for every class. After class I went to the library to enroll in classes for the fall. This can be done in to ways. One is over the phone using a "press 1 for this, press 2 for that" menu or on the internet (guess which one i used). I also used the computer to access the course catalog since the paper version is like 20 bucks at the bookstore. Then I jumped onto another computer to look up some material for a research paper (the old card catalog doesn't exist anymore). I located the article I needed, but wait they have the full text right on the computer. I didn't even need to venture into the stacks. It even had the option of emailing the whole thing to my computer at home. And that was just today. My school has become entirely dependent on computers for not only administrative purposes but for communication between professors and student. Almost all my assignments are posted to the web, and much of the work I submit is through the internet as well.
It was really cool for me to see this posted here becuase I am currently taking a class from Eric Asphaug at UCSC. On the midterm he even asked us when 1950DA would impact. I haven't met the other guy, but Asphaug is really a great professor and his class is actually a lot of fun.
Currently AOl does not suport Linux. I have met many people who's only reason not to switch to Linux is that they can't or wont give up AOL. Hence we have http://www.xaol.org . This open source project is still in the very early stages but we are always looking for help. Please visit the web site xaol.org and feel free to contact the project. -Jeffrey
Slashdot Mirror
That is incorrect for several reasons. Without going into detail, there is no blanket rule in California for cost/fee shifting. Statutes provide for costs and fees only under certain circumstances. IAAL
Wanna know where this is happening today? One example I just ran into is one of the ESPN websites popped up a message that said they could not stream any content to me because my ISP is not one of their preferred providers. My ISP just so happens to have competing content of there own. This is the exact hypothetical situation that everyone is discussing... except its not hypothetical. Its probably just the tip of the iceberg too. This business with Netflix and Comcast is just another example.
The idea that the market will sort it out is nice but has never ever applied in the case of monopoly or oligopoly. I live in a big technologically advanced city and we only have two choices of broadband. One of them is not available in my neighborhood. Saying that I could just go to a competitor if I don't like the service is ignorant of the realities of how broadband is delivered in this country.
75 is fairly old... maybe it will die soon.
You are right that you have to prove actual damages to get actual damages. But, Viacom could get statutory damages because the copyrights were register before the infringement occurred.
Let me qualify this with today being my example. I woke up and printed out the lecture notes outline for one of my classes from the internet (only available on the class homepage), which is basically required for every class. After class I went to the library to enroll in classes for the fall. This can be done in to ways. One is over the phone using a "press 1 for this, press 2 for that" menu or on the internet (guess which one i used). I also used the computer to access the course catalog since the paper version is like 20 bucks at the bookstore. Then I jumped onto another computer to look up some material for a research paper (the old card catalog doesn't exist anymore). I located the article I needed, but wait they have the full text right on the computer. I didn't even need to venture into the stacks. It even had the option of emailing the whole thing to my computer at home. And that was just today. My school has become entirely dependent on computers for not only administrative purposes but for communication between professors and student. Almost all my assignments are posted to the web, and much of the work I submit is through the internet as well.
It was really cool for me to see this posted here becuase I am currently taking a class from Eric Asphaug at UCSC. On the midterm he even asked us when 1950DA would impact. I haven't met the other guy, but Asphaug is really a great professor and his class is actually a lot of fun.
Actually I know of several artist who want to aviod major labels and control their own music. Remember true artists arn't always in it for the money.
Why should young americans who are conserned about technology related issues and the governments role/possition on them vote for you?
Currently AOl does not suport Linux. I have met many people who's only reason not to switch to Linux is that they can't or wont give up AOL. Hence we have http://www.xaol.org . This open source project is still in the very early stages but we are always looking for help. Please visit the web site xaol.org and feel free to contact the project. -Jeffrey