That's not what the dissent in Aereo says, Mike. Judge Chin said that Aereo was different than Cablevision such that Aereo couldn't seek safe harbor in the Cablevision decision.
Unfortunately true. Chin makes the probably correct point that Congress, in its lobby-blinded cluelessness, went out of its way to define "transmit" to "include all conceivable forms and combinations of wires and wireless communications media, including but by no means limited to radio and television broadcasting as we know them".
> The fact that that makes no sense should tell you that it's wrong.
I agree with you there, probably because the things that we are thinking are wrong are totally different. You didn't mean "copyright law", by any chance?
In the first-sale rights ruling, the judge ruled that it's perfectly OK to sell your digital download along with the storage media to which you originally saved. Unfortunately, it is trivial, when you decide to resell your content, to copy the file or files you want to sell to any sufficiently old flash drive or card, in such a way that the resulting media is indistinguishable from the result of having downloaded those files directly to the media.
Hey, suddenly all those old, relatively-tiny-capacity flash drives will become useful again!
> BUT must be done in a professional, methodical way
Unfortunately, just being accused of possessing child porn is more or less a social "game over". It's a shame that most people aren't technologically adept enough to understand that in this era of ubiquitous computing (and therefore, ubiquitous vulnerabilities), almost everyone could end up being (wrongly) accused. Personally, I'd back legislation that requires all investigations of such crimes to be "under seal", and which would severely limit the punishment for the crime if "somehow" this required secrecy was botched during the investigation (yes, I know that's not optimal, but I cannot think of any other way to motivate law enforcement properly).
The fact that fair use is only a defense, combined with the high cost of getting to (Federal) court, is already a bigger show-stopper in my eyes than the vagueness. Because of the high value of precedent in common law, I disagree that there's "virtually no way to know" the probability that the court system will rule for or against --- eventually (and here there is a second, totally independent way in which the high cost of getting a case to court puts a stumbling block in front of the blindfolded Justice) inspecting the consensus of rulings could give someone a good idea where he stands.
Unfortunately, the more innovative the artist, the less likely that would work... so you do seem to have a stronger point there than I originally thought.
The whole strength of the legal system is that judges are human and are largely free to use their, er, judgment to try to help the court system to, at least on average, dole out decisions which seem just.
That doesn't mean that other features of the system (e.g., the ridiculously high cost of even getting to court; laws being passed without the public's wellbeing in mind rather than that of lobbying special interest groups; ...) don't cause distortions and shouldn't be reformed. It just means that one of the things you criticize isn't, in the final analysis, all that bad.
I can just see this Purrington dude reading this article, seeing the section where the Wayback Machine stash of his old website is mentioned, and him getting so frothed up that he asks them to delete it immediately...
The question which supposedly is answered by inspection of the name isn't whether it's porn, it's whether its improperly licensed porn. I have no idea how the judge thought that argument was "well-plead"...
CISPA might be OK if those agencies get my data only if all of them ask for it at the same time (and each agency only has a fixed quota of requests per month, so they actually have to convince each other it's worthwhile).
Well, it is in Canada and Israel. So now we just have to wait for the CIFURAA (Canadian-Israel Fair Use Rights Activists Association) to lobby for secret negotiations on an international trade agreement "harmonizing" this with other, less enlightened countries, like the US.
Even just looking at the docket, I get the impression that Meltwater's legal team wasn't at the same level as AP's. Haven't read the filings yet, so I could be wrong.
Anyway, that's the weakness and the strength of the legal system: it's run by humans. If a judge doesn't have his own strong opinions about (or other familiarity with) the subject of the case, the arguments of the legal teams have much more weight.
Looks like those hundreds-year old pieces of paper are going to need replacement by new technology: cryptography, steganography, 3-D printing.
Funny how the advancement of technology both enables the government to infringe on the rights of the citizens on a previously unknown enormous scale, and also (could) enable the citizens themselves to take back the initiative.