P2P users who distribute (upload) and copy (download) copyrighted material violate the
copyright laws. It is not clear that every copy made of copyrighted material violates copyright laws. For example, if I make a backup copy of a disk, store it on a network drive, and then transfer it back to my computer, have I violated copyright laws? SUNY maintains logs that match IP addresses with their users' computer
hardware. SUNY maintains logs that match IP addresses to MAC layer addresses. It is well known that these MAC addresses can be spoofed on virtually all network adapters (Hint to infringers: override the default address assignment on your Ethernet or Wireless card, then switch it back when somebody accuses you.) Plaintiffs' allegations meet the heightened scrutiny required for expedited discovery I believe the criteria for expedited discovery is that irreparable damage is done to the plaintiffs if discovery is delayed. Plaintiff's own statements that millions of people are using P2P argues against this; one more or less out of millions could hardly make a difference in the economic damage done.
The
Columbia court noted that discovery of infringer's identity from the ISP is appropriate when
plaintiff could (1) identify the party with sufficient specificity to demonstrate that the defendant
is a real person (2) identify all previous steps to locate the defendant and, (3) establish that
plaintiff's suit could withstand a motion to dismiss. Even if this were the standard, Plaintiffs
have easily satisfied it in this case. Bullshit. On all three points.
In the Plaintiff's Motion to Quash, they state in footnote 1, "Defendants rely on the same arguments Mr. Beckerman has raised and lost in other cases." Strangely enough, they fail to cite the actual cases in which these arguments have been "raised and lost." Are there actual legal precedents in which Mr. Beckerman's arguments have been found lacking, or are the RIAA lawyers just blatantly lying?
The problem with threatening people at random, is that eventually you make the mistake of threatening someone who has the resources to take you all the way to the supreme court. The RIAA seems to have a pattern of targeting those least able to defend themselves (college students, single moms, seniors) but it look like now they have a ready, willing, and able opponent who wont just roll over. Let's all collective summon up our best Nelson Muntz impressions: "Ha-ha!"
Your math is faulty in that I believe most ships spend more than a single day in the danger zone. Nevertheless, I agree we should be putting a dozen Navy gunmen on each US-flagged ship. I'm pretty sure that legally the second they fire a single shot at one of our ships, we have the right to blow them out of the water. Unfortunately, we don't have jurisdiction if they attack other countries' ships. Pirates sent back to Puntland to be tried get 3 years in jail; pirates attacking US ships that get caught by US forces get sent to jail for life if they are lucky. If they are not lucky, they get killed. They would have to be incredibly ignorant to not quickly decide that they shouldn't fuck with US flagged ships, and attacking French vessels ain't such a good idea either! Trust me, these cowardly criminals are only going to go for the ones they know will bend over and pay up.
It's called "shoot the hostage". In the short term, it results in public outrage. If the principle is applied consistently, then in the long term it results in zero hostage taking situations occurring, and thus results in the greatest common good.
Basically, the pirates have a "code" that they live by These "pirates" are shooting RPGs and ships loaded with 10,000 gallons of diesel fuel. Running the risk of sending every crew member on board to a flaming death. Their "code" only dictates that they get more money for hostages that don't die on them; there is no humanitarian motivation involved.
Oh, and the pirates have already threatened to start deliberately executing any French or US citizens they come across. So much for their fucking "code"!
If there's a rash of break-ins in your hometown you don't recommend that every home owner goes out and buys a gun.
You're correct; you don't recommend it, you make it mandatory! It has been very effective, at least in Kennesaw, Georgia. In fact, I'm pretty sure if we declared open season on pirates and turned enough rednecks loose on them with a sufficient supply of bullets and beer, the piracy problem would be pretty quickly resolved.
20,000 ships a year go through the Gulf of Aden. Do the math. Ransoming a dozen or so ships a year does look like a comparatively small expense as opposed to protected 20,000 ships.
That being said, the pirate's threats to start actively targeting French and US vessels is just plain stupid -- those are exactly the vessels most likely to have arranged some kind of surprise party for our Somali criminal friends -- one involving high explosives. I'm pretty sure the second somebody fires an AK-47 or RPG at your boat, you have the right to turn around and sink them. And don't bother to pick up survivors -- they would threaten the safety of your crew.
Researching ancient metallurgy in an attempt to reconstruct forgotten technology and techniques actually is a worthwhile endeavor, but you shouldn't let the absence of clear information get to you. Also, you should move into sword making, as I'm sure that red-head would tell you, size really does matter! (Although I'm still unclear why in The Bodyguard, Whitney Houston didn't scream at Kevin Costner, "You bastard! You just cut my $200 scarf in half!" Perhaps dropping a silk scarf onto a samurai sword and having it slice cleanly in half is seen as a metaphor for something else.)
No, "judgement" involves looking at the evidence without preconceived notions. A member of a lobbying organization has obviously already made up their mind about the laws that organization is trying to pass. If he has a previously existing belief that anyone making easier the unauthorized distribution of copyrighted material should be punished much more severely than current laws permit, shouldn't he at least be barred from the sentencing phase of the trial? His failure to recuse himself should be troubling to copyright lobbyists too, as it pretty much guarantees the defendants a right to appeal. He just wasted a great deal of taxpayer's money on a ruling that will be very quickly set aside due to his own improper behavior. Bad judge!
two of the people responsible for the development of TIGR talk about the intel issues that troops face in hostile territory Have they tried using AMD instead?
The only good rapper is a dead rapper.
I prefer to think of Tiger Woods as a great Thai golfer.
If somebody has physical access to a Windows box, then they can reboot it off a Knoppix Live CD, and they have the same exact problem. If somebody has the Admin password, they can do anything they want too. This only really effects cases where hostile users are running in another Virtual Machine on the box. If you need security, don't share your hardware with other people!
I believe I showed the canceled checks to the judge. I also believe there isn't any "entering into evidence" in small claims court; they mostly want to get you in and out of there as quickly as possible.
When I tried to find references on Armenian specimens, the only thing I could find was a 3-volume Russian dig report. The situation is endlessly frustrating. Man, you really need to get out more often. A few mojitos and some face-to-face time with a cute young blond, and you won't even remember what a medieval knife is!
What's so strange about LCLS as an acronym for "Linac Coherent Light Source"? (Other than the fact that Linac is itself an abbreviation for Linear Accelerator, so it should really by LACLS.
Don't all of Dr. Evil's henchmen realize how twisted this shit is? Well, sure... but it's a steady paycheck, at least until some interfering megalomaniacal ladies man decides to butt in! You know... some modern corporation HAVE become indistinguishable from old Bond villains! Where is our man with a license to kill when we need him? And no, Michael Moore does NOT count!
You know their motto: "Build a better pig penis, and the world will beat a path to your door!" I think "Long" John Holmes' work counts as prior art on this "innovation", doesn't it?
Pigs have been breeding for millions of years. Pigs in captivity have been bred for thousands of years. Methinks there might be some prior art here! Perhaps these pigs are breeding using a non-doggy-style position? I'm pretty sure the Kama Sutra contains prior art on that as well. I'm also pretty sure Mendel and others called "prior art" on selective breeding a long time ago. So what is left to patent?
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P2P users who distribute (upload) and copy (download) copyrighted material violate the copyright laws.
It is not clear that every copy made of copyrighted material violates copyright laws. For example, if I make a backup copy of a disk, store it on a network drive, and then transfer it back to my computer, have I violated copyright laws?
SUNY maintains logs that match IP addresses with their users' computer hardware.
SUNY maintains logs that match IP addresses to MAC layer addresses. It is well known that these MAC addresses can be spoofed on virtually all network adapters (Hint to infringers: override the default address assignment on your Ethernet or Wireless card, then switch it back when somebody accuses you.)
Plaintiffs' allegations meet the heightened scrutiny required for expedited discovery
I believe the criteria for expedited discovery is that irreparable damage is done to the plaintiffs if discovery is delayed. Plaintiff's own statements that millions of people are using P2P argues against this; one more or less out of millions could hardly make a difference in the economic damage done.
The Columbia court noted that discovery of infringer's identity from the ISP is appropriate when plaintiff could (1) identify the party with sufficient specificity to demonstrate that the defendant is a real person (2) identify all previous steps to locate the defendant and, (3) establish that plaintiff's suit could withstand a motion to dismiss. Even if this were the standard, Plaintiffs have easily satisfied it in this case.
Bullshit. On all three points.
In the Plaintiff's Motion to Quash, they state in footnote 1, "Defendants rely on the same arguments Mr. Beckerman has raised and lost in other cases." Strangely enough, they fail to cite the actual cases in which these arguments have been "raised and lost." Are there actual legal precedents in which Mr. Beckerman's arguments have been found lacking, or are the RIAA lawyers just blatantly lying?
The problem with threatening people at random, is that eventually you make the mistake of threatening someone who has the resources to take you all the way to the supreme court. The RIAA seems to have a pattern of targeting those least able to defend themselves (college students, single moms, seniors) but it look like now they have a ready, willing, and able opponent who wont just roll over. Let's all collective summon up our best Nelson Muntz impressions: "Ha-ha!"
Your math is faulty in that I believe most ships spend more than a single day in the danger zone. Nevertheless, I agree we should be putting a dozen Navy gunmen on each US-flagged ship. I'm pretty sure that legally the second they fire a single shot at one of our ships, we have the right to blow them out of the water. Unfortunately, we don't have jurisdiction if they attack other countries' ships. Pirates sent back to Puntland to be tried get 3 years in jail; pirates attacking US ships that get caught by US forces get sent to jail for life if they are lucky. If they are not lucky, they get killed. They would have to be incredibly ignorant to not quickly decide that they shouldn't fuck with US flagged ships, and attacking French vessels ain't such a good idea either! Trust me, these cowardly criminals are only going to go for the ones they know will bend over and pay up.
why are the Chinese so interested in the NYPD computer network? Perhaps hey've been watching too much US "Law And Order" style television programming?
It's called "shoot the hostage". In the short term, it results in public outrage. If the principle is applied consistently, then in the long term it results in zero hostage taking situations occurring, and thus results in the greatest common good.
Oh, and the pirates have already threatened to start deliberately executing any French or US citizens they come across. So much for their fucking "code"!
If there's a rash of break-ins in your hometown you don't recommend that every home owner goes out and buys a gun.
You're correct; you don't recommend it, you make it mandatory! It has been very effective, at least in Kennesaw, Georgia. In fact, I'm pretty sure if we declared open season on pirates and turned enough rednecks loose on them with a sufficient supply of bullets and beer, the piracy problem would be pretty quickly resolved.
That being said, the pirate's threats to start actively targeting French and US vessels is just plain stupid -- those are exactly the vessels most likely to have arranged some kind of surprise party for our Somali criminal friends -- one involving high explosives. I'm pretty sure the second somebody fires an AK-47 or RPG at your boat, you have the right to turn around and sink them. And don't bother to pick up survivors -- they would threaten the safety of your crew.
Cats and termites.
Go after the pirates' parrots and wooden legs!
Researching ancient metallurgy in an attempt to reconstruct forgotten technology and techniques actually is a worthwhile endeavor, but you shouldn't let the absence of clear information get to you. Also, you should move into sword making, as I'm sure that red-head would tell you, size really does matter! (Although I'm still unclear why in The Bodyguard, Whitney Houston didn't scream at Kevin Costner, "You bastard! You just cut my $200 scarf in half!" Perhaps dropping a silk scarf onto a samurai sword and having it slice cleanly in half is seen as a metaphor for something else.)
No, "judgement" involves looking at the evidence without preconceived notions. A member of a lobbying organization has obviously already made up their mind about the laws that organization is trying to pass. If he has a previously existing belief that anyone making easier the unauthorized distribution of copyrighted material should be punished much more severely than current laws permit, shouldn't he at least be barred from the sentencing phase of the trial? His failure to recuse himself should be troubling to copyright lobbyists too, as it pretty much guarantees the defendants a right to appeal. He just wasted a great deal of taxpayer's money on a ruling that will be very quickly set aside due to his own improper behavior. Bad judge!
two of the people responsible for the development of TIGR talk about the intel issues that troops face in hostile territory
Have they tried using AMD instead?
The only good rapper is a dead rapper.
I prefer to think of Tiger Woods as a great Thai golfer.
If somebody has physical access to a Windows box, then they can reboot it off a Knoppix Live CD, and they have the same exact problem. If somebody has the Admin password, they can do anything they want too. This only really effects cases where hostile users are running in another Virtual Machine on the box. If you need security, don't share your hardware with other people!
I believe I showed the canceled checks to the judge. I also believe there isn't any "entering into evidence" in small claims court; they mostly want to get you in and out of there as quickly as possible.
When I tried to find references on Armenian specimens, the only thing I could find was a 3-volume Russian dig report. The situation is endlessly frustrating. Man, you really need to get out more often. A few mojitos and some face-to-face time with a cute young blond, and you won't even remember what a medieval knife is!
Oh, so I suppose you never even look at your Karma score? And by the way, I'm beating you 22 Achievements to 16 Achievements! Suck on that, LOSER! ;-)
I wonder if they will get around to digitizing these.
Who is "they"?
In other words, if you feel that digitizing these is important, what are YOU doing to move the process forward?
My level 50 Philistine Soldier can whip your level 80 Riddle-Speaking Prophet any time! Suck on that, Israelites!
What's so strange about LCLS as an acronym for "Linac Coherent Light Source"? (Other than the fact that Linac is itself an abbreviation for Linear Accelerator, so it should really by LACLS.
Can it be used for more accurate photolithography?
Don't all of Dr. Evil's henchmen realize how twisted this shit is? Well, sure... but it's a steady paycheck, at least until some interfering megalomaniacal ladies man decides to butt in! You know... some modern corporation HAVE become indistinguishable from old Bond villains! Where is our man with a license to kill when we need him? And no, Michael Moore does NOT count!
Wouldn't it be easier to just breed really masochistic farm animals that _enjoy_ being eaten? (Thank you, Douglas Adams)
You know their motto: "Build a better pig penis, and the world will beat a path to your door!" I think "Long" John Holmes' work counts as prior art on this "innovation", doesn't it?
Pigs have been breeding for millions of years. Pigs in captivity have been bred for thousands of years. Methinks there might be some prior art here! Perhaps these pigs are breeding using a non-doggy-style position? I'm pretty sure the Kama Sutra contains prior art on that as well. I'm also pretty sure Mendel and others called "prior art" on selective breeding a long time ago. So what is left to patent?