I respectfully disagree. I have seen their new complaint. It suffers from the same infirmities as their original complaint. For an example, see the amended complaint in Interscope v. Rodriguez [blogspot.com]. I believe this new version likewise fails to state a claim for copyright infringement [blogspot.com] and is subject to dismissal.
If it's the same judge it's quite likely it will be. But if that complaint is filed in enough venues its eventually going to make it past dismissal, even post-Twombly, and once you're doing discovery someone's going to get
There is a reason why no amount of amending can cure the RIAA's problem. It is that the RIAA simply does not have evidence of a copyright infringement by the defendant.
And there are going to be sympathetic judges who will give the RIAA a chance to get that evidence. After a few requests for production and third party subpoenas it's quite likely they're going to have it. Unfortunately the majority of the people being targetted really did violate the law here, and I don't think Twombly is going to save all of them.
I give this thing twelve months before the federal government stops allowing student loans and federal aid of any and all kinds from being spent on students and services for this school.
I doubt it very much. Can you cite a single time when something like that ever happened?
It was a nice brief, and this is not meant as a criticism of their abilities; for law students they're operating at a very high level. But now what? Even if the Court dismisses, the RIAA will file an amended complaint that meets the Twombly pleading standard (which with a little effort they could probably do, it isn't that much higher a standard than Conley). At that point your "attorneys" are a few months closer to graduation, and you're back where you started.
As unfair as the law is on this point, and as ridiculous and inept the RIAA has been in its lawsuits, it's fairly likely the students in question did violate copyright law, and it's quite likely if they did they'll be on the hook for significant money (the motion makes a constitutional argument that is not very convincing, with the sole case they cite not anywhere near on point). The students they represent are risking a lot.
Student attorneys at the University of Maine School of Law's Cumberland Legal Aid Clinic
Oh lord. Good luck, I personally wouldn't want to be represented by a law student. Or a law professor, for that matter, most law professors I've met practiced for a very short period of time before going back to academia.
Remember when this happened? Interesting choice bringing in a manager whose company experienced a very publicized computer crash during his tenure. Hopefully Mr. Whitehurst carries forward some of the lessons learned from that experience.
Probably was the sysadmins' fault. Oh wait, this is slashdot, it's never the sysadmin, you always blame the highest level non-technical executive.
So why worry about transporting the waste. It takes 40 years. If the technology actually gets widely implemented then who knows someone will most likely have a disposal service to remove them, recycle the waste, better cannisters, etc.
One of the reasons our planet is in so much trouble now is that over human history people have refused to look 40 years into the future.
I've always thought that if I DoD wiped all my disks, obviously that would leave no evidence, but could you actually get in trouble for doing that?
Yes. If you are served with a lawsuit you have a duty not to destroy potential evidence. Large corporations generally have an established process called a "litigation hold" where this is done, but small companies and individuals have the same obligations.
If you are planning on calling the school please refrain from doing so, I'm sure they have had enough excitement for one day.
If you were planning on calling the school, then WHAT THE HELL IS THE MATTER WITH YOU? What possible purpose does that serve? There is no legitimate train of thought that should lead to the decision "I SHOULD CALL THEM."
Let Europe deal with its own security for a change
What do you think is going to happen if the US withdrew its forces? Germany going to invade France again? Russia going to roll into Poland? First world countries don't go to war against each other anymore.
IANAL but I think both parties have to be in agreement to drop a suit. The RIAA gets away with dropping so many suits because the defendants simply do not want to continue the fight and just get back to their normal everyday lives so they go 'sure lets drop it'.
Generally a party can dismiss its own case. If the opposing party has filed counterclaims, however, the case still proceeds on those.
This guy is definitely overreacting big time. He's trying to make it sound like it's a chronic problem. Why call it "backspaceware" when it's one guy? Just call it "whatever the guy calls his ripoff program."
both of which know only one thing each. That is how to drink a lot and pick up women on shift for the former and how to steal in new and creative ways for the latter.
You know, after hearing that my respect for Best Buy employees shot up a lot.
Don't YOU think that's enough to, I don't know, stop tossing carbon into the air and see what happens? If it turns out to do nothing, we can just let you burn dinosaurs again. I know I'd rather lose my next paycheck than die.
Don't you get it, the 2% hit our economy will take will make life not worth living!
I fail to see any similarities between Dune and WoT, other than both of them being in the sci-fi/fantasy super-genre and both being good. Please explain.
Prophecy says man will be born who can use magic that up to that point has been female-only. The secrets of the magic are guarded by a female-only society that closely monitors potential male users of this magic. Society has both magical and political component. Boy is born who can use the magic, female-only society seeks to control him, he travels to a vast desert. People who live in the desert are impossibly good fighters because of their harsh environment. Boy instinctively knows the culture of these desert people. Becomes their leader, unites the different tribes.
I gave up at volume 7 , I just couldn't take any more tedious filler prose that you could tell the author was using to pad just so he could produce as many volumes
I gave up on I think 5 or 6. It wasn't really THAT bad, I just liked it better the first time, when it was called Dune.
Suppose a typical situation comes up at work, you want to fire seven US Attorneys for example. Easy solution - don't discuss it on the work email! That should be obvious. Just use a separate external email address that is on a server where you can easily delete the contents. C'mon. Security 101.
AKA the tort of spoliation of evidence. Or, in criminal courts, potential obstruction of justice.
I'm from Europe, so I don't really get it... but please, help me. Why is it that the majority of Americans (and many Europeans to be fair) seem to think that only "Big Name" chain stores can provide these essential services to them?
Why do the majority of Europeans assume that Americans have the same kind of stores that they do? There aren't that many small, independent computer stores here, and the ones I've seen have tended to gouge their customers worse than CompUSA.
we'll see plenty of VoIP calls being made from aircraft, assuming that latency isn't excessive.
...and that's all they have to do. Make the connection relatively slow. Fast enough to read news sites, IM, e-mail, etc., but not fast enough for skype.
It doesn't matter if its the local garden club or an open source project - leaders will emerge and their followers will do almost anything to protect the leader's position in the hopes of protecting their own elevated ranking.
I think the unique thing about wikipedia is that it's become so prominent that the editors have even a bigger rush of power than the local garden club president gets. Which makes their behavior proportionally more paranoid.
They will paint the defendant as someone who by running a computer should know everything about what goes on as that computer, and the ignorant people will agree and your claim that you 'did not have knowledge' will be dismissed and you will be found guilty.
Actual knowledge has a very specific legal meaning, and it doesn't mean what you just said.
That's my understanding of the article. It has more to say to law students than FOSS advocates. The title, however, is inflammatory, probably just to make us read it.
Well don't worry, it doesn't matter how little they know of the issue, a FOSS advocate will generally have an opinion on everything under the sun. Skimming through the blog he seems to make sense, if the judge was making decisions regarding the credibility of witnesses he was exceeding his authority in the summary judgment phase.
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I respectfully disagree. I have seen their new complaint. It suffers from the same infirmities as their original complaint. For an example, see the amended complaint in Interscope v. Rodriguez [blogspot.com]. I believe this new version likewise fails to state a claim for copyright infringement [blogspot.com] and is subject to dismissal.
If it's the same judge it's quite likely it will be. But if that complaint is filed in enough venues its eventually going to make it past dismissal, even post-Twombly, and once you're doing discovery someone's going to get
There is a reason why no amount of amending can cure the RIAA's problem. It is that the RIAA simply does not have evidence of a copyright infringement by the defendant.
And there are going to be sympathetic judges who will give the RIAA a chance to get that evidence. After a few requests for production and third party subpoenas it's quite likely they're going to have it. Unfortunately the majority of the people being targetted really did violate the law here, and I don't think Twombly is going to save all of them.
I give this thing twelve months before the federal government stops allowing student loans and federal aid of any and all kinds from being spent on students and services for this school.
I doubt it very much. Can you cite a single time when something like that ever happened?
It was a nice brief, and this is not meant as a criticism of their abilities; for law students they're operating at a very high level. But now what? Even if the Court dismisses, the RIAA will file an amended complaint that meets the Twombly pleading standard (which with a little effort they could probably do, it isn't that much higher a standard than Conley). At that point your "attorneys" are a few months closer to graduation, and you're back where you started.
As unfair as the law is on this point, and as ridiculous and inept the RIAA has been in its lawsuits, it's fairly likely the students in question did violate copyright law, and it's quite likely if they did they'll be on the hook for significant money (the motion makes a constitutional argument that is not very convincing, with the sole case they cite not anywhere near on point). The students they represent are risking a lot.
Student attorneys at the University of Maine School of Law's Cumberland Legal Aid Clinic
Oh lord. Good luck, I personally wouldn't want to be represented by a law student. Or a law professor, for that matter, most law professors I've met practiced for a very short period of time before going back to academia.
Remember when this happened? Interesting choice bringing in a manager whose company experienced a very publicized computer crash during his tenure. Hopefully Mr. Whitehurst carries forward some of the lessons learned from that experience.
Probably was the sysadmins' fault. Oh wait, this is slashdot, it's never the sysadmin, you always blame the highest level non-technical executive.
So why worry about transporting the waste. It takes 40 years. If the technology actually gets widely implemented then who knows someone will most likely have a disposal service to remove them, recycle the waste, better cannisters, etc.
One of the reasons our planet is in so much trouble now is that over human history people have refused to look 40 years into the future.
So does Paul get your support, too? (Kucinich is my other favorite, of course).
Kucinich and Paul are so far apart in what they espouse that I don't know how someone can support both at the same time.
I've always thought that if I DoD wiped all my disks, obviously that would leave no evidence, but could you actually get in trouble for doing that?
Yes. If you are served with a lawsuit you have a duty not to destroy potential evidence. Large corporations generally have an established process called a "litigation hold" where this is done, but small companies and individuals have the same obligations.
If you are planning on calling the school please refrain from doing so, I'm sure they have had enough excitement for one day.
If you were planning on calling the school, then WHAT THE HELL IS THE MATTER WITH YOU? What possible purpose does that serve? There is no legitimate train of thought that should lead to the decision "I SHOULD CALL THEM."
US schools have become so much about teaching to the test that kids are being taught not to think, but just blindly, mindlessly obey.
Do you really think schools were ever any different? If anything students were even more controlled during earlier periods.
If the plaintiff dismisses a case can he bring it again at a later date or is the matter considered settled then?
Generally you can bring it at a later date. However if it is dismissed again, whether by the court or voluntarily, then that ends the matter.
Let Europe deal with its own security for a change
What do you think is going to happen if the US withdrew its forces? Germany going to invade France again? Russia going to roll into Poland? First world countries don't go to war against each other anymore.
IANAL but I think both parties have to be in agreement to drop a suit. The RIAA gets away with dropping so many suits because the defendants simply do not want to continue the fight and just get back to their normal everyday lives so they go 'sure lets drop it'.
Generally a party can dismiss its own case. If the opposing party has filed counterclaims, however, the case still proceeds on those.
which is a major overreaction to this joker.
This guy is definitely overreacting big time. He's trying to make it sound like it's a chronic problem. Why call it "backspaceware" when it's one guy? Just call it "whatever the guy calls his ripoff program."
For a replicated male robot to be uber-sexy, it would have to be smart, funny, suave, and have high social status, wealth and power.
So we'll have to base them on me. I should probably give my contact info to the robotocists.
both of which know only one thing each. That is how to drink a lot and pick up women on shift for the former and how to steal in new and creative ways for the latter.
You know, after hearing that my respect for Best Buy employees shot up a lot.
Don't YOU think that's enough to, I don't know, stop tossing carbon into the air and see what happens? If it turns out to do nothing, we can just let you burn dinosaurs again. I know I'd rather lose my next paycheck than die.
Don't you get it, the 2% hit our economy will take will make life not worth living!
I fail to see any similarities between Dune and WoT, other than both of them being in the sci-fi/fantasy super-genre and both being good. Please explain.
Prophecy says man will be born who can use magic that up to that point has been female-only. The secrets of the magic are guarded by a female-only society that closely monitors potential male users of this magic. Society has both magical and political component. Boy is born who can use the magic, female-only society seeks to control him, he travels to a vast desert. People who live in the desert are impossibly good fighters because of their harsh environment. Boy instinctively knows the culture of these desert people. Becomes their leader, unites the different tribes.
I gave up at volume 7 , I just couldn't take any more tedious filler prose that you could tell the author was using to pad just so he could produce as many volumes
I gave up on I think 5 or 6. It wasn't really THAT bad, I just liked it better the first time, when it was called Dune.
Suppose a typical situation comes up at work, you want to fire seven US Attorneys for example. Easy solution - don't discuss it on the work email! That should be obvious. Just use a separate external email address that is on a server where you can easily delete the contents. C'mon. Security 101.
AKA the tort of spoliation of evidence. Or, in criminal courts, potential obstruction of justice.
I'm from Europe, so I don't really get it... but please, help me. Why is it that the majority of Americans (and many Europeans to be fair) seem to think that only "Big Name" chain stores can provide these essential services to them?
Why do the majority of Europeans assume that Americans have the same kind of stores that they do? There aren't that many small, independent computer stores here, and the ones I've seen have tended to gouge their customers worse than CompUSA.
we'll see plenty of VoIP calls being made from aircraft, assuming that latency isn't excessive.
...and that's all they have to do. Make the connection relatively slow. Fast enough to read news sites, IM, e-mail, etc., but not fast enough for skype.
It doesn't matter if its the local garden club or an open source project - leaders will emerge and their followers will do almost anything to protect the leader's position in the hopes of protecting their own elevated ranking.
I think the unique thing about wikipedia is that it's become so prominent that the editors have even a bigger rush of power than the local garden club president gets. Which makes their behavior proportionally more paranoid.
They will paint the defendant as someone who by running a computer should know everything about what goes on as that computer, and the ignorant people will agree and your claim that you 'did not have knowledge' will be dismissed and you will be found guilty.
Actual knowledge has a very specific legal meaning, and it doesn't mean what you just said.
That's my understanding of the article. It has more to say to law students than FOSS advocates. The title, however, is inflammatory, probably just to make us read it.
Well don't worry, it doesn't matter how little they know of the issue, a FOSS advocate will generally have an opinion on everything under the sun. Skimming through the blog he seems to make sense, if the judge was making decisions regarding the credibility of witnesses he was exceeding his authority in the summary judgment phase.