http://www.techdirt.com/ Easily digestible tech news.... http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1042 Wed, 22 May 2013 09:52:24 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1042
Just because someone might:
* be against copyright
* point out that piracy exists
* point out that individual piracy doesn't harm copyright owners
* point out that the world has changed and Hollywood needs to change with it
doesn't make me them piracy.

If something bad happens to someone innocent or at least deprived of due process to potentially show innocence, then it is a big deal, and rightly so. Furthermore proof of guilt should be required, not proof of innocence. When these things continually occur, it is evidence there is something very rotten about copyright.]]> http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c365 Wed, 22 May 2013 09:51:40 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c365 video games.]]> http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1030 Wed, 22 May 2013 09:51:07 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1030 http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c356 Wed, 22 May 2013 09:50:43 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c356 http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c346 Wed, 22 May 2013 09:50:40 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c346
Also, some reports are saying there was a lot of hype about the balloons filled with "dangerous" substances (lol).

One hell of a well pulled off prank. One hell of a poorly managed incident by the police...]]> http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1016 Wed, 22 May 2013 09:49:43 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1016
This from a boy who already tried to hang Kim Dotcom from the nearest tree!]]> http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1015 Wed, 22 May 2013 09:49:39 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1015 If there is no force of law behind six strikes, then the subscribers can rest easy, knowing that the accusations have no force and therefore, it would be illegal to arbitrarily restrict or cut off their internet service based on nothing more than an accusation.
If there is force of law behind Six Strikes, then you've got to include Due Process.]]> http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1008 Wed, 22 May 2013 09:49:23 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c1008 http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c325 Wed, 22 May 2013 09:49:14 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c325
Just yesterday, 7 students were refused to receive their HS graduation certificates nor to be allowed to attend the graduation ceremony after releasing 10,000 crickets in school as a prank.

During my end of the year senior days, someone released a dog in the hall with a tin can tied to his tail and a few small pebbles in the can so it rattled wherever the dog went. No one arrested, no cops called, not even the dog pound. The dog was caught, the can untied from his tail, the dog was taken off school property and released.

All of this zero tolerance has gotten out of hand. Way out of hand. Those kids now have an arrest warrant and a first strike. The parent of a kid taken to jail? For what other than being on the scene and worried about the kids.

Our modern day police force is now turning into the Gestapo.]]> http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c321 Wed, 22 May 2013 09:48:37 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c321 http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c984 Wed, 22 May 2013 09:48:15 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c984
Including you, boy?]]> http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c978 Wed, 22 May 2013 09:47:18 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c978
If there is force of law behind Sick Strikes, then there is no due process.

Which way is it? And therefore, which consequent result?]]> http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c973 Wed, 22 May 2013 09:46:13 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c973
Give us a shout when you've got that one figured out, because I just don't see it.

Six strike laws are bureaucratic, do not follow good American principals like allowing accused to see evidence, allowing the accused to make a case, and separating accusers from decision makers.

What's to "like" about such an obviously unfair system?]]> http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c968 Wed, 22 May 2013 09:45:55 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c968 > was despite the underlying infringement action being a civil action

The underlying purported infringement action may be civil. That is different than the fraud which is what the hearing was about. Fraud upon the court is criminal, even if you commit the fraud in the course of a purported civil action.

Now, I say "purported" because there never really was any infringement action. All they wanted was to game the court system to send out extortion shakedown settlement letters. There never was any intent to litigate -- as evidenced by the plaintiff's own actions whenever they find a defendant willing to fight.]]> http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c300 Wed, 22 May 2013 09:44:20 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c300
But that IS assault and battery, kids. Your right to toss water ballons ends where someone else's person begins -- in fact, well clear of it: adults don't wish to run a risk merely because you're idiots. So don't throw water ballons --- at somone NOT agreeing to the "fun" -- unless you want a CRIMINAL record.

Someone else's, whether intellectual property or physical body, seems to be the key concept that the kids here at Techdirt just can't grasp.]]> http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c281 Wed, 22 May 2013 09:43:56 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c281
Bare in mind that I was an adolescent and I thought ti was cool; but, she recognized me and I ended up getting kicked up out of school for three days, ended up with a weeks detention and I had to apologize to the young girl.

Boys will be boys.

However, in the aftermath of Columbine shooting, school districts have to take a "zero tolerence" policy when it comes to juvenile antics and I have no sympathy for what these 17 years olds did. They knew exactly what they were doing and this was no prank, despite what others may think. It takes calculated thought to plan something like this and I have to support the school administrators and the school district because this amounts to an assault.

While some of us may find it funny, it's not. Water balloons are something you do when you're at home, not on school property. These students knew what they were doing was wrong and now they'll have to live with the consequences. They're going to find out now because they're not only just starting to become adults living in the real world but they're going to learn a valuable lesson that everything you do has consequences.]]> http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c257 Wed, 22 May 2013 09:42:32 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c257 http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c956 Wed, 22 May 2013 09:40:41 PDT http://www.techdirt.com/articles/20130521/16402423161/first-hand-account-judicial-smackdown-prenda-minnesota.shtml#c956 http://en.wikipedia.org/wiki/State_actor I'm talking about people's actual due process rights, not some TD version of reality.]]> http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c252 Wed, 22 May 2013 09:40:17 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c252
"I say this calls for action and now. Nip it in the bud. First sign of youngsters going wrong, you've got to nip it in the bud."

Of course, these days, I don't know if we shouldn't replace "youngsters" with "governmental agents".

Also, remember, "don't just mollycoddle them."]]> http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c808 Wed, 22 May 2013 09:39:47 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c808
Course this may or may not be Hypothetical!]]>