The end result of this case is that if you put it online, even for only one person to see, it is fair game for discovery.
The whole point of discovery is to expose as much evidence as possible. The ideal outcome is not the expense of a trial but a settlement based on what both sides know to be true - or at least what both sides know can be proven.
I don't listen to AM/FM radio anymore, it's podcasts and playlists for me. I don't think it makes sense to keep a century-old format alive just to keep antiques (literal and figurative) alive. For that, I'd suggest hooking up an AM modulator to the line out of a music device, and they'll get their mushy distorted sound the way they like it.
AM radio has range and reach when you need it. Programming is - or can be - distinct and local. That won't matter to the geek with his podcast. It can matter to the farmer or trucker on the back roads.
Just think about all the culture that would still be available to us today, if the technology to copy was wider spread and available when TV first appeared. We would have a complete collection of all the old Dr. Who episodes.
Some 280 rolls of film survive of Berlin television broadcasts ca. 1934-1944.
The kinescope was in broad commercial use in the states in 1947.
NBC, CBS, and DuMont set up their main kinescope recording facilities in New York City, while ABC chose Chicago. By 1951, NBC and CBS were each shipping out some 1,000 16mm kinescope prints each week to their affiliates across the United States, and by 1955 that number had increased to 2,500 per week for CBS. By 1954 the television industry's film consumption surpassed that of all of the Hollywood studios combined.Kinescope
Network kinescopes were often 35mm and can be of strikingly good quality.
It has even become possible to recover the chroma - color - signal - that was occasionally recorded on the B/W kinescope of a color production.
The problem was never the technology. The technology was always there. What was lacking was the desire, the will, the commitment and the money to maintain an archive.
Submit DMCA reports on the board and management of suddenlink. They all most likely have full speed connections. Maybe you think they are misusing your IP.
Suddenlink googles for "Suddenlink."
Suddenlink finds this post to Slashdot. Suddenlink awaits events.
The geek submits his fraudulent DMCA complaint. Suddenlink neatly pegs him to Slashdot.
The timing is right. The complaints all take the same form....
I'm living in an equatorial zone, and it sure looks like a mini greenhouse tube to me. Sure they talk about ventilation holes, but I'm not convinced...
Transport fantasies should obey certain rules.
If your encapsulated cyclists can't climb hills and the service is useful only three months out of twelve, you have a carnival ride.
Go directly to The Fairgrounds, do not pass Go, do not collect $200.
Ideally a few rich and powerful businesspeople would lose their connections because of this; once the lawsuits start flying that should take care of things.
The rich can always afford something better than residential grade Internet service at the mass market price. P2P is irrelevant when you have $50,000, $100,000, $250,000 and up invested in front projection home theater.
Human powered flight will be necessary in the future because not everyone has oil and most people won't have access to petrochemicals to power their planes. However, flight consists of 3 aspects: take off, mid-flight manuevering, and landing safely
You forgot to mention useful, meaningful, range, payload and altitude.
The MIT Daedalus managed 71 miles over calm spring Mediterranean waters at 15 to 30 feet.
The Daedalus had its fleet of marine escorts.
But the fundamental reason for building an aircraft is to navigate over terrain - to be truly and freely airborne under ordinary conditions of wind and weather.
They tried to make the telephone company put back the non-dial phones IN THE SENATE ITSELF
The Senate in 1930 had less than 100 members.
That made he girl at the switchboard a kind of club secretary or concierge.
In the movies of the thirties it isn't the editor, the mayor, the big time politico who makes his own phone calls - it's the down-and-out reporter or detective who dogs him.
Why is it, then, that if you shoplift from the RIAA, you're hit with a massive punitive fine that goes straight to the RIAA?
A Slashdot first?
The geek who admits that the P2P pirate can and should be punished like a thief?
The shoplifter can only carry so much.
The pirate is unloading DVDs off the back of a trailer. There is no definable limit to how many times his stolen goods can be replicated.
And just out of curiosity can someone tell me why punitive damages should be awarded to the plaintiff?
Punitive damages are awarded for gross negligence, recklessness or malice.
Your pilots was dead drunk on the flight deck.
You were relentless and decitful in your attempts to discredit the whistle-blower.
Punitive damages are meant to hurt - they are meant to teach a lesson you won't soon forget.
The plaintiff suffered the injury. The plaintiff carried the burden of the prosecution. It can take years to bring the defendant to account.
_____
Statutory damages can be awarded in P2P cases because P2P is essentially an unlicensed - unlimited - re-distribution.
If media files could be successfully watermarked and traced back to their primary sources, the uploader would certainly feel the burn.
The pre-order price for Iron Man 2 at Amazon.com is $25.
100 copies takes you into federal criminal territory and $2500 in real damages.
Now imagine the bill for 1,000 copies - 10,000 copies - that can be traced back to you as the source. With criminal prosecution now a very real possibility.
First, a lot of us use tools like click2flash that report themselves AS Flash, but are NOT Flash Second, people have Flash largely because it came preinstalled. I don't know of anyone who has actually gone out of their way to install Flash
I don't know what you mean by a "lot of us."
But I do have some idea of how many people seek out and install Flash itself.
Download.com. Stats For Adobe Flash Player v. 10.1
Windows 20,850,459 [From June 10] 117,697 Last Week. Mac 934,313 [From August 10] 2,744 Last Week
21 million requests for Flash 10.1 rooted through a single source.
The only way you got to Mega cities was mostly to do with keeping people happy, not so much about keeping them fed, and since Religion gave you an early burst in happiness, you had a more productive city than everyone else, so you generated more research, and were able to get a great person sooner (usually a priest! no doubt). Then they get to Monarchy sooner so they can just do that "military keeps people happy" civic and then they've got an a mega city that works because its so well defended. So then whoever gets the first priest ends up using the priest to get another religion. And Bam, before you know it, One person has founded 4 or 5 of the religions, and has an amazing economy because of it, has good culture to spread better than you can, and has the happiness available to use slavery to catch up on the infrastructure
Historically, that strategy worked pretty out well for the Egyptian, Greek, Roman, Chinese, and many others.
I own a small hosting company. We have operations in the US, Europe, and Asia. Each operation is owned by a seperate corporate entity. Chance favors the prepared.
The fool never knows when to keep his big mouth shut.
Generations of lawyers, accountants, and detectives have fed on the corpses of investors who thought their ownership and control of distant enterprises had been successfully disguised.
I'm pretty sure that purchasing a new fridge at the local mall leaves a much smaller environmental impact than ordering one from 1000 km away
Where do you think the store gets the fridge?
How do you propose to get the thing home and installed?
It weighs 400 pounds.
The fridge isn't - or shouln't - be an impulse buy.
But the local appliance srore will have to maintain some stock in inventory. It will need at least one unit unpacked for display and plugged in as a demo.
It may even need to build and maintain full-scale model kitchens.
The fridge purchased online doesn't have to be assembled or shipped until it's paid for.
The issue is that they could do so for a civil infraction, as opposed to a criminal infraction.
Copyright infringement can be prosecuted as a federal felony charge.
The United States No Electronic Theft Act (NET Act), a federal law passed in 1997, provides for criminal prosecution of individuals who engage in copyright infringement, even when there is no monetary profit or commercial benefit from the infringement. Maximum penalties can be five years in prison and up to $250,000 in fines. The NET Act also raised statutory damages by 50%. In addition, it added a threshold for criminal liability where the infringer neither obtained nor expected to obtain anything of value for the infringement. In response to the NET Act, the US Sentencing Commission stiffened sanctions for intellectual property theft offenses.NET Act
The federal government has the constitutional right to criminally prosecute violations of federally granted property rights.
Prosecuting economic crimes with an interstate or international dimension is primarily a federal responsibility.
In a service-based economy, the entertainment industry generates a lot of jobs and a lot of domestic and export dollars. Many of those jobs and many of those dollars going directly into the pockets of the American geek - and not to the Russian or the Swede in Pirate Bay.
Slashdot Mirror
The end result of this case is that if you put it online, even for only one person to see, it is fair game for discovery.
The whole point of discovery is to expose as much evidence as possible. The ideal outcome is not the expense of a trial but a settlement based on what both sides know to be true - or at least what both sides know can be proven.
I don't listen to AM/FM radio anymore, it's podcasts and playlists for me.
I don't think it makes sense to keep a century-old format alive just to keep antiques (literal and figurative) alive. For that, I'd suggest hooking up an AM modulator to the line out of a music device, and they'll get their mushy distorted sound the way they like it.
AM radio doesn't have to sound mushy and distorted. "Nothing New Under The AM Sun" [1977]
AM radio has range and reach when you need it. Programming is - or can be - distinct and local. That won't matter to the geek with his podcast. It can matter to the farmer or trucker on the back roads.
For more on Crosby, Alexander Poniatoff and the invention of video tape recording: Agents of Change, The Race To Video / How Bing Crosby Brought You Audiotape
Just think about all the culture that would still be available to us today, if the technology to copy was wider spread and available when TV first appeared. We would have a complete collection of all the old Dr. Who episodes.
Some 280 rolls of film survive of Berlin television broadcasts ca. 1934-1944.
The kinescope was in broad commercial use in the states in 1947.
NBC, CBS, and DuMont set up their main kinescope recording facilities in New York City, while ABC chose Chicago. By 1951, NBC and CBS were each shipping out some 1,000 16mm kinescope prints each week to their affiliates across the United States, and by 1955 that number had increased to 2,500 per week for CBS. By 1954 the television industry's film consumption surpassed that of all of the Hollywood studios combined. Kinescope
Network kinescopes were often 35mm and can be of strikingly good quality.
It has even become possible to recover the chroma - color - signal - that was occasionally recorded on the B/W kinescope of a color production.
The problem was never the technology. The technology was always there. What was lacking was the desire, the will, the commitment and the money to maintain an archive.
Submit DMCA reports on the board and management of suddenlink. They all most likely have full speed connections. Maybe you think they are misusing your IP.
Suddenlink googles for "Suddenlink."
Suddenlink finds this post to Slashdot. Suddenlink awaits events.
The geek submits his fraudulent DMCA complaint. Suddenlink neatly pegs him to Slashdot.
The timing is right. The complaints all take the same form....
I'm living in an equatorial zone, and it sure looks like a mini greenhouse tube to me. Sure they talk about ventilation holes, but I'm not convinced...
Transport fantasies should obey certain rules.
If your encapsulated cyclists can't climb hills and the service is useful only three months out of twelve, you have a carnival ride.
Go directly to The Fairgrounds, do not pass Go, do not collect $200.
You're assuming the complaints are legitimate. Your assumption is wrong.
You assume the complaints are illegimate. But where is the proof your assumption is right?
If you are a customer of theirs, immediately cancel your service and tell them why you are doing it. that ought to send the right message.
That it does.
It tells them that they have shed another geek who clogs their pipes and will never upgrade his service.
Ideally a few rich and powerful businesspeople would lose their connections because of this; once the lawsuits start flying that should take care of things.
The rich can always afford something better than residential grade Internet service at the mass market price. P2P is irrelevant when you have $50,000, $100,000, $250,000 and up invested in front projection home theater.
Citizens own corporations. The corporation's interest is their interest.
People "own" insurance policies. Shares in retirement funds. Interest-bearing checking and savings accounts.
In the real world, payments and deposits are re-invested - almost nothing is stored in a vault - and the return on investment affects you directly.
You want and need these fiduciaries to maintain a strong portfolio.
When do we stop letting profit oriented corporations define the age's technological standards?
The day when the Genii of the Lamp grants you Three Wishes.
The first wish for a labor force, materials, production facilities and distribution networks that can be built and maintained without spending a dime.
Human powered flight will be necessary in the future because not everyone has oil and most people won't have access to petrochemicals to power their planes. However, flight consists of 3 aspects: take off, mid-flight manuevering, and landing safely
You forgot to mention useful, meaningful, range, payload and altitude.
The MIT Daedalus managed 71 miles over calm spring Mediterranean waters at 15 to 30 feet.
The Daedalus had its fleet of marine escorts.
But the fundamental reason for building an aircraft is to navigate over terrain - to be truly and freely airborne under ordinary conditions of wind and weather.
They tried to make the telephone company put back the non-dial phones IN THE SENATE ITSELF
The Senate in 1930 had less than 100 members.
That made he girl at the switchboard a kind of club secretary or concierge.
In the movies of the thirties it isn't the editor, the mayor, the big time politico who makes his own phone calls - it's the down-and-out reporter or detective who dogs him.
A Slashdot first?
The geek who admits that the P2P pirate can and should be punished like a thief?
The shoplifter can only carry so much. The pirate is unloading DVDs off the back of a trailer. There is no definable limit to how many times his stolen goods can be replicated.
That is why the hammer comes down.
And just out of curiosity can someone tell me why punitive damages should be awarded to the plaintiff?
Punitive damages are awarded for gross negligence, recklessness or malice.
Your pilots was dead drunk on the flight deck.
You were relentless and decitful in your attempts to discredit the whistle-blower.
Punitive damages are meant to hurt - they are meant to teach a lesson you won't soon forget.
The plaintiff suffered the injury. The plaintiff carried the burden of the prosecution. It can take years to bring the defendant to account.
_____
Statutory damages can be awarded in P2P cases because P2P is essentially an unlicensed - unlimited - re-distribution.
If media files could be successfully watermarked and traced back to their primary sources,
the uploader would certainly feel the burn.
The pre-order price for Iron Man 2 at Amazon.com is $25.
100 copies takes you into federal criminal territory and $2500 in real damages.
Now imagine the bill for 1,000 copies - 10,000 copies - that can be traced back to you as the source. With criminal prosecution now a very real possibility.
First, a lot of us use tools like click2flash that report themselves AS Flash, but are NOT Flash
Second, people have Flash largely because it came preinstalled. I don't know of anyone who has actually gone out of their way to install Flash
I don't know what you mean by a "lot of us."
But I do have some idea of how many people seek out and install Flash itself.
Download.com. Stats For Adobe Flash Player v. 10.1
Windows 20,850,459 [From June 10]
117,697 Last Week.
Mac 934,313 [From August 10]
2,744 Last Week
21 million requests for Flash 10.1 rooted through a single source.
Adobe Flash Player (Windows)
Adobe Flash Player (Mac)
The only way you got to Mega cities was mostly to do with keeping people happy, not so much about keeping them fed, and since Religion gave you an early burst in happiness, you had a more productive city than everyone else, so you generated more research, and were able to get a great person sooner (usually a priest! no doubt). Then they get to Monarchy sooner so they can just do that "military keeps people happy" civic and then they've got an a mega city that works because its so well defended. So then whoever gets the first priest ends up using the priest to get another religion. And Bam, before you know it, One person has founded 4 or 5 of the religions, and has an amazing economy because of it, has good culture to spread better than you can, and has the happiness available to use slavery to catch up on the infrastructure
Historically, that strategy worked pretty out well for the Egyptian, Greek, Roman, Chinese, and many others.
The fool never knows when to keep his big mouth shut.
Generations of lawyers, accountants, and detectives have fed on the corpses of investors who thought their ownership and control of distant enterprises had been successfully disguised.
I'm pretty sure that purchasing a new fridge at the local mall leaves a much smaller environmental impact than ordering one from 1000 km away
Where do you think the store gets the fridge?
How do you propose to get the thing home and installed?
It weighs 400 pounds.
The fridge isn't - or shouln't - be an impulse buy.
But the local appliance srore will have to maintain some stock in inventory.
It will need at least one unit unpacked for display and plugged in as a demo.
It may even need to build and maintain full-scale model kitchens.
The fridge purchased online doesn't have to be assembled or shipped until it's paid for.
Clear hydraulic fluid in clear lines; transparent aluminum wiring in nylon insulation. What a concept!
Color coding to insure proper connections. What a concept!
The issue is that they could do so for a civil infraction, as opposed to a criminal infraction.
Copyright infringement can be prosecuted as a federal felony charge.
The United States No Electronic Theft Act (NET Act), a federal law passed in 1997, provides for criminal prosecution of individuals who engage in copyright infringement, even when there is no monetary profit or commercial benefit from the infringement. Maximum penalties can be five years in prison and up to $250,000 in fines. The NET Act also raised statutory damages by 50%.
In addition, it added a threshold for criminal liability where the infringer neither obtained nor expected to obtain anything of value for the infringement. In response to the NET Act, the US Sentencing Commission stiffened sanctions for intellectual property theft offenses. NET Act
The federal government has the constitutional right to criminally prosecute violations of federally granted property rights.
Prosecuting economic crimes with an interstate or international dimension is primarily a federal responsibility.
In a service-based economy, the entertainment industry generates a lot of jobs and a lot of domestic and export dollars. Many of those jobs and many of those dollars going directly into the pockets of the American geek - and not to the Russian or the Swede in Pirate Bay.
Two Individuals Sentenced to Prison for Conspiring to Traffic in Counterfeit Slot Machines and Computer Programs [casino gambling software] [August 20]
Thibodaux Man Pleads Guilty To Violation Of Digital Millennium Copyright Act [XBox 360 mods and pirated games] [maximum exposure, 5 years and $500,000, sentencing in 2011] [August 11]
Manhattan Federal Court Orders Seizures Of Seven Websites For Criminal Copyright Infringement In Connection With Distribution Of Pirated Movies Over The Internet [June 30]
Texas Man Admits Involvement In Software Piracy Conspiracy [Warez] [August 10]
They were profiting by selling games which rightfully belong to the public domain.
The geek's sense of entitlement can be wonderful to behold.
Syberia 2 is six years old.
Many games in the Gog.com catalog were less than ten years old, less than fifteen years old.
iD open sources aging game engines. It does not open source IP that remains commercially viable and makes their games and corporate identity unique.
Plus, they must suck at advertising. This is the first I heard of them.
A Google search of Slashdot.org for Gog.com returns 139 hits.
Most from the Games section.
Most on the theme of classic games updated for Vista and Win 7 [32 and 64 bit] and sold without DRM.
Some commenting on the use of open source tools like DOSBox.
Among the Gog titles were Arcanum, Gabriel Knight, Syberia. Nice selection of hard-core flight simulation games, RPGs and real-time strategy.
Good Old Games
I would have bought stuff from GOG but I got the feeling I was going to have navigate a bunch of installs and manage a bunch of loose zip files.
You gut feeling was wrong.
What you got was an installer that worked just fine with 64 bit Win 7.
I would think that the ability to run linux *again* might be of more interest here on /.
Linux on the PS3 has become more symbol than reality - at a time when Linux seems increasingly marginalized: iOS tops Linux
Whatever Android and Chrome might become, their future lies with Google and not the geek.