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Latest Techdirt Comments http://www.techdirt.com/ Easily digestible tech news.... Re: http://www.techdirt.com/articles/20130513/10360323060/criminal-nabbed-his-own-food-porn.shtml#c125 Tue, 21 May 2013 07:18:38 PDT http://www.techdirt.com/articles/20130513/10360323060/criminal-nabbed-his-own-food-porn.shtml#c125 Re: Re: Re: Re: http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c406 Tue, 21 May 2013 07:06:10 PDT http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c406
Essentially, it's great for the pirates who get to hide out and thumb their nose at the law, but bad for rights holders who are left facing legal stonewalling from ISPs.

Prenda makes it worse with all sort of stupid shit, they are total idiots. They are no better at this point that the Tenenbaums and Thomas on the piracy side, helping to set precedents that will be bad for the supporter of their side.

Prenda's case however does show however that there are serious issues regarding identifying people online, and that it creates both an obstruction of justice and sadly a hole where scammers (such as Prenda appear to be) can exploit for profit. It does neither side any good.

--

Well I don't buy that people can hid behind their ISP's and download or share copyrighted material with no worries. With all of the companies out there nowadays doing enforcement on behalf of copyright holders, I would say the inherent risks are tenfold from what they used to be.

With that being said I sure wouldn't believe my ISP or any other is going to be guarded about providing my info if a order is given to them for the information.

If anything I would disagree with you that ISP's protect the subscriber. Most ISP's are giving that info out if the court has directed it to do so, and they are also being paid a per subscriber fee to provide this information.

ISP's do put up a fight in certain cases and situations (for instance that RIAA Former Lobbyist Judge Beryll Howell) who gave Prenda Carte Blanche to get the ISP's to turn over subscriber information for people that weren't even in the district the case was filed in.

The only reason ISP's are fighting that order was that the scope of the ISP subscribers were scattered around the country, and did not fall in the jurisdiction of that court and its order.

There are cases around the country were courts have ordered the ISP's to turn over subscriber info because the information before the court has met the courts threshold of proof, and the ISP has complied.

There are always going to be those who will flaunt the laws and those who don't. That beings said though I am of the class of people who want the person brining a suit forward to make sure the facts they have said to get my information factual and most of all truthful.

There are a lot of sites that if you download a movie or a video clip that they include a hidden unique identifier for that member/subscriber that each time they download a clip or video and let say they share it on the web, they can go back and look at that subscriber/members info and say hey you shared are clip.

So there is a way to identify who may have shared that movie or video clip, and they can go from there to proceed with a lawsuit etc if they so choose.

Now am I saying that is fool proof with no issues, no, I still think there is great burden to prove there that the person who subscribed is the one who sent it.

There are always ways to get around things such as VPN's proxies, IP spoofing, using someone else's WiFi connection etc.

But the onus is on the person who is brining the case to the courts to make sure they have the facts right, the RIAA has done this in cases, so has the MPAA. But they have also goofed on some cases as well.

Prenda has done a shoddy job in my opinion on making sure the facts they represent have a semblance of truth to them. Their problem is they got so engrossed in the money they were making they totally forgot about the law and following it.

----

When Judges sanction you and scold you in various rulings and you still fail to follow the courts orders and directives, then you have brought the weight of the law and courts upon yourself, and deservedly so.

I agree. But the judge in this case went above and beyond, calling in people who were not directly party to the case, calling people in from outside of the district, and essentially putting them on trial without the benefits of time to build a defense. At that point, the judge is no better than those he judges harshly, he either abused his power or came incredibly close to the line, and he should count himself lucky not to find himself facing his own issues in the matter.
---

I have to disagree with you on this, Peter & Paul Hansmeier are involved 6881 Forensics. 6881 Forensics supposed monitoring program was used to detect who was downloading and sharing the movie that was involved in this case. It was also their declaration to the court that these peoples IP address's were the ones involved in the sharing and downloading of the torrent file.

So the Hansmeiers work for Prenda on behalf of AF Holdings.
AF Holdings is represented by Gibbs who was the original lawyer for Prenda Law. Gibbs was the main lawyer on this case till Duffy tried to withdrawl the case from the court.

Duffy is the supposed principal of Prenda Law, all affidavits and pleadings were filed on Prenda's behalf with representation from Gibbs.

Angela Van Demel was the Para-legal who was contacting the ISP's subscribers still after the court had put through an order telling Gibbs/Prenda that they were not allowed to contact the subscribers with information gleaned from the ISP's.

They continued despite that order. This one of the reasons which the first hearing was called for sanctions for disobeying the courts order and a sanction hearing was set.

Mark Lutz was supposedly the representative of AF Holdings and may have signed some of the documentation and affidavits in regard to the initial start of the lawsuit.

Steele and Hansmeier supposedly have no intrest in Prenda law but yet it was Steele Hansmeier's business that went to Prenda law.

So as much as you seem to say these folks should have never been called into appearing and explaining their involvement in the lawsuit and the Judge over reached, I have to disagree.

They are all so intertwined in these actions and in others around the country, that it is hard to not find they are all involved to some aspects. The Judge and defence too see this same thing.

If an appeals courts thinks Judge Wright over reached then I am sure they will remedy this, bit in my opinion I think Judge Wright included them in and rightly so based on all the connections in this case and others.]]> Re: http://www.techdirt.com/articles/20130502/07475922914/why-even-good-hospitals-doctors-are-obstacle-to-better-cheaper-healthcare.shtml#c167 Tue, 21 May 2013 07:03:02 PDT http://www.techdirt.com/articles/20130502/07475922914/why-even-good-hospitals-doctors-are-obstacle-to-better-cheaper-healthcare.shtml#c167
I guess we should all be able to treat our own gun shot wounds, automatically know what it means and how to treat a disease when it involves coughing up blood (Tuberculosis for those who don't know), diagnose and self medicate.

The reason why humans need educated doctors to tell us what's going on is that it prevents bias and generally helps us treat ourselves on our own in general. We here in the US and UK usually visit a doctor when a cold or flu starts becoming painful, or when it lasts for 3 weeks. So I'm sorry that some of you from other countries don't understand the danger of self diagnosis.]]> Re: Re: http://www.techdirt.com/articles/20130520/15490323152/intellectual-property-mess-holding-up-tpp.shtml#c207 Tue, 21 May 2013 06:58:53 PDT http://www.techdirt.com/articles/20130520/15490323152/intellectual-property-mess-holding-up-tpp.shtml#c207

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it" - F.Bastiat

I'm honestly not sure what side of the debate you intended that quote to support.Only one side of the argument, the copyright maximalists, are the ones to engage in vulgar, obscene, and excessive overreach, greed, censorship and unconcerned collateral damage.

Only one side of the argument is attempting to buy the government and rewrite the laws.

Therefore the original quote would apply to the copyright maximalists. If you are complaining about pirary, it only exists because the public has lost any respect for copyright and government -- and this is also the fault of the copyright maximalists.

You cannot now suddenly complain that members of the public casually engage in the kind of behavior that the copyright maximalists have set such a fine reprehensible example of.

I hope that cleared things up for you.]]> Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130520/11200723149/war-journalists-doj-claimed-fox-news-reporter-was-aider-abettor-co-conspirator-with-leaker.shtml#c1111 Tue, 21 May 2013 06:57:08 PDT http://www.techdirt.com/articles/20130520/11200723149/war-journalists-doj-claimed-fox-news-reporter-was-aider-abettor-co-conspirator-with-leaker.shtml#c1111 Re: Re: Wrong target. Medicare is insurance http://www.techdirt.com/articles/20130502/07475922914/why-even-good-hospitals-doctors-are-obstacle-to-better-cheaper-healthcare.shtml#c157 Tue, 21 May 2013 06:52:51 PDT http://www.techdirt.com/articles/20130502/07475922914/why-even-good-hospitals-doctors-are-obstacle-to-better-cheaper-healthcare.shtml#c157
The reason why the cost is so high is that Doctors have to pay the safety measures of runnning nuclear equipment, malpractice insurance, not buying packets of medications in bulk (mainly because each order is custom made for a patient's matabolism and specific body chemistry), and for generally the inherent risk of working in a hospital...which includes but is not limited to Biogazzard risks, potential radiation exposure ove time, the doctor has to cover the malpractice insurance based on the staff in his charge...so yeah the expense is very justified.]]> Re: Re: The law according to - LOOK! SQUIRREL! http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c405 Tue, 21 May 2013 06:51:05 PDT http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c405 Re: Re: Einstein didn't publish a theory of relativity http://www.techdirt.com/articles/20110311/01393713442/dailydirt-crackpots-versus-real-scientists.shtml#c295 Tue, 21 May 2013 06:48:04 PDT http://www.techdirt.com/articles/20110311/01393713442/dailydirt-crackpots-versus-real-scientists.shtml#c295
Arguments like these, while they do have some good philosophical elements, largely boil down to people who have issues with science trying to drag it down to the level of religion. Possibly there are philisophical issues with science, but in the end, it WORKS, and unlike religion generally, it self-corrects and advances. Not since the early days of Islam have I seen any religion trying to actually advance science and the knowledge of Man.

Yes science is only a tool, but it's a damn effective one, and for many of us it's infinitely better than authoritarian hand-me-downs from the Bronze Age.

You can't complain that science is no use because it's not perfect - that's the point of science. We learn, we add to it, and we develop new ideas and theories.

I've also noticed a lot of science-deniers fixate on "what ideology is needed for funding", conveniently ignoring that many of the 'anti-science' positions are equally well-funded, if not more so. Science funding is not some sinecure for life, where one has to just publish one thing and lay back in comfort (join the RIAA for that). Science requires justifying everything you do to people who also know the topic, and relies heavily on being published, which only happens reliably if you *convince* people of being correct. It's not logic games or appeals to authority like religious apologetics and debate often are. Unlike religion (or even philosophy), Science doesn't claim to have all of the answers, especially not 'right now'.

Gravity happens. Evolution happens. In this sense, they are factual statements of what happens about us. There are hypotheses and (scientfic) theories about these which need investigated, but it doesn't invalidate it. As they are different sciences, there are differences in the levels of these. Gravity is more observable than Evolution, but we probably have better theories (and more evidence of mechanisms) of Evolution.

Natural selection is just one element of evolution (see Dawkins' "The Greatest Show on Earth"). Just because you can subdivide Evolution, and some bits are better understood than others, doesn't mean you can invalidate it as an incredibly powerful description of historical, current and future life any more than doubts about black holes invalidate the ability of an airplane to fly.]]> Re: Re: HEY, TIMMY, don't forget the illegal WARS: http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c324 Tue, 21 May 2013 06:47:57 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c324 Then the people revolted and we did nothing to help them.
Then we realised we didn't like the price of oil and invaded.]]> Re: HEY, TIMMY, don't forget the illegal WARS: http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c314 Tue, 21 May 2013 06:43:59 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c314
But you know, if you combined your insane drivel with something that at least gives people a clue as to what the hell your point is, you might get somewhere. As it is, you're just informing me of a well known failure of US foreign policy under the previous administration. Yep, that happened. What that has to do with the article is something you need to make a little clearer.]]> Re: HEY, TIMMY, don't forget the illegal WARS: http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c312 Tue, 21 May 2013 06:42:35 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c312
Iraq: a country that DID use WMDs, DID harbor international terrorists, DID invade other countries (twice), and DID commit genocide. The Iraq War wasn't only not illegal, it was technically mandated by the UN genocide convention. What was illegal was anyone voting against it. Don't let Bush's bumbling confuse you into thinking it was an illegal war.]]> http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c298 Tue, 21 May 2013 06:40:42 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c298 Re: http://www.techdirt.com/articles/20101209/09504712210/dailydirt-taking-another-look-nuclear-energy.shtml#c96 Tue, 21 May 2013 06:40:26 PDT http://www.techdirt.com/articles/20101209/09504712210/dailydirt-taking-another-look-nuclear-energy.shtml#c96
Reducing energy consumption won't work; it never has. Other people just consume the cheaper fossil fuels. And unless you want to go to war to enforce your opinion, it is a losing battle.

Green energy is waiting for battery technology. The best we have is lithium ion, and that took a quarter century to develop.

One solution to global warming is to move fully to nuclear and wean off coal. (Oil and gas don't really affect climate change compared to coal.) Of course, another solution is to just deal with the consequences, like migrating farms and relocating coastal cities.]]> Re: Ripping wings off flies http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c291 Tue, 21 May 2013 06:38:27 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c291 I laugh at Prenda's 'reputational harm' http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c388 Tue, 21 May 2013 06:37:11 PDT http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c388

From the RIAA's heart I stab at thee; for the MPAA's sake I spit my last breath at thee.

]]> Setting the record straight. http://www.techdirt.com/articles/20130502/07475922914/why-even-good-hospitals-doctors-are-obstacle-to-better-cheaper-healthcare.shtml#c142 Tue, 21 May 2013 06:35:30 PDT http://www.techdirt.com/articles/20130502/07475922914/why-even-good-hospitals-doctors-are-obstacle-to-better-cheaper-healthcare.shtml#c142
One might think that this one size fits all deal is great, but one has to look at the full story behind the recent IRS scandal to see it doesn't work.]]> Re: http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c281 Tue, 21 May 2013 06:33:33 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c281 for a small minority of nut cases they are training for mayhem which no rational person can comprehend.

Ahhh, the heart of the bullshit, served with the duck included. No rational people can comprehend but trust us, it's there.

This notion that video games train people is such epic bullshit. Let's break it down shall we?

Let's analyze a bit what's needed to kill, and how videogames do or do not help:
1. Knowledge of how to use weapons - I've never fired a gun in my life, but I've heard tell from people who have that video games don't help you shoot. I've never learned shit about knife work from video games, though two years in a butcher shop sure helped.
2. Physical conditioning - Running around attacking people takes a certain amount of stamina. Halo never helped my endurance of anything except junk food.
3. Strategy and tactics - Video game AI is pretty lame sauce when compared to the real thing, even to this day, and game scenarios are rarely realistic.

Now, if what you're trying to convey is that video games somehow morally "train" people to kill (which is nonsense on its face) bear in mind that the VAST majority of games have strong moral overtones, at least in the broad strokes. DOOM is fighting demons from Hell, Halo is fighting aliens who want to exterminate humanity, Warcraft is fighting the undead who want to exterminate life (there are other baddies in WoW, but that's 40 paragraphs on its own). Sure there are outliers such as indie/homegrown stuff with any kind of content you can imagine (and probably some sick shit you would have never thought of), but that's not what we're really talking about, is it?

In fact part of the appeal of many video games is being the good guy, saving the civilians, blah blah blah. It aligns with our pre-existing morals and hero fantasies.

So, how exactly does a video game train someone in ways no one can understand? Cause I sure can't understand it.]]> Re: Re: http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c381 Tue, 21 May 2013 06:32:59 PDT http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c381 1. that they are not engaged in fraud
2. that the attorneys are not the plaintiffs
3. that the copyright transfer was legitimate and real
4. that their investigation of copyright defendants was more substantial than the defense was claiming
5. that they were putting real attorneys in front of the judge and not just stand up guys with no power to represent or bind the plaintiffs
. . . and other things]]> Responsibility http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c270 Tue, 21 May 2013 06:30:34 PDT http://www.techdirt.com/articles/20130517/13573923121/retired-lt-col-violent-media-has-bred-generation-killers.shtml#c270 Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c363 Tue, 21 May 2013 06:28:56 PDT http://www.techdirt.com/articles/20130520/12190223151/prendas-paul-hansmeier-asks-appeals-court-to-delay-sanctions-appeals-court-says-no-try-again.shtml#c363 If the judge felt there was fraud here, should he have not
> referred it to the police or other authorities to look into?

Isn't that what he did? Isn't that what you are complaining about?

And lawyers engaging in fraud before the court should have to pay the defense's attorney's fees.

And Prenda did get due process. All kinds of due process. They had plenty of opportunity to show that they were not engaging in fraud and to rebut the defense accusations of fraud. But instead of embarrass the defense by showing their actions were legitimate, they engaged in hand waving and silence. The judge and defense rightfully concluded, based on the available evidence, that Prenda and gang are engaged in fraud.

So what's the problem exactly?]]>