Ahh, thanks for ruining my hypothetical with your fancy lawyer "facts".
Could the counterfeiters use it as leverage towards maybe a merchandising deal? If I understand you correctly, they still could counter-sue and COULD win, though it would be tough. There would be legal costs involved for Rovio, at least.
Do the counterfeiters have any control over their own innovations that have build on Angry Birds? Clearly they're doing stuff that Rovio hasn't thought of, or Rovio wouldn't be looking to them for inspiration.
Could a counterfeiter then sue Rovio for copying the copies? Obviously the counterfeiters would have to admit to the original copying, but it might make for a really interesting legal ruling.
Ebert is considered an expert on movies - by many probably THE expert. if one is considering a purchase of the movie, and THE expert has said, "here's a better version that is also free", I don't think most people are going to buy/rent the original as well as the "perfect" version.
Although, I can't imagine that many of the people who follow Ebert on Twitter haven't seen the original already. The actual harm may end up being minimal, but I think your argument on why that would be the case is wrong.
Two of my friends got a full 24 pack of Miller Lite into FedEx Field pre-9/11. That's, what, $250 if you actually pay for it inside? The revenue of the food and drink vendors inside the stadium is much, much more important than preventing terrorism.
You've got it wrong - the State Department is just protecting national interests. If we have to deal with crappy Microsoft products, the world has to deal with them, too. Imagine if the Bosnian government switched to Linux? Think how much money they'd save! Think how many extra processor cycles they'd be able to leverage without anti-virus software running all the time! We'd never be able to compete!
If he knew what he was doing in security and privacy, he'd know how to protect his personal data without destroying the hard drive. If "destroy the hard drive" is an answer to "how do I protect personal data?" at Deloitte, sign me up for a high-paying consulting job. I can destroy hard drives ALL DAY LONG.
Still, a very bad precedent to set - hopefully the court comes to its senses.
I don't find this argument as compelling as others - the data could always be stored offline (not that the law requires this, but still). I think it's dangerous to start piling on more and more arguments after someone like Rep Lofgren has already presented real problems stemming from the law.
Every argument that can be dismissed as "well, we can do X to fix that" weakens the overall objection to the law.
It should be noted that the NLRB only handles cases where there is a union - employers can still fire non-union employees for just about anything they want, including things said on Facebook. I think the laws on that sort of thing vary by state, but I also think most states set a pretty low bar.
This is a really positive thing for the rest of the country that thinks more open sharing of knowledge/content is generally a good thing. Nearly everyone gives more leeway when it's done in the name of education, and hopefully soon we can point to FWK and their success as a concrete argument in favor of scaling back copyright laws.
I think WalMart has a very strict "You don't make judgment calls, you follow the rules" policy. They probably feel they have to in order to maintain order in such a large organization.
I worked at a Ritz Camera in college (before everyone went digital). Our biggest local competitor was the WalMart photo lab, and we often got customers coming in with pictures that WalMart refused to print. WalMart had a strict no-nudity policy, which extended all the way to infants waist-up in the bath. While I can't imagine a reasonable person in our society finding that obscene or inappropriate, it violated policy, so they wouldn't print it.
I don't mean to support or condemn WalMart here - I'm not really sure what side I come down on - but I think that, based on corporate policy that the fired employees certainly should have known, this was the correct call by WalMart.