I might be cynical here though wouldn't the DA stating they will not pursue the case (ie: Not defend the appeal) be an easy CYA for the DA's office & the state so they don't get slapped down hard by the appelate courts and get a "with prejudice" loss too.
Any US attorneys wanna chime in with whether or not a with prejudice can be obtained if the DA doesn't make a showing?
Also the charge of disorderly conduct I would surmise cannot technically be dropped (only quashed maybe) since the defendant has already been found guilty of it by a lower court and has not gone to a higher court yet on appeal. Or does your sentencing/charge system work totally different than anywhere else?
you're talking about vicarious liability with foreknowledge Which if 'upon balance' a 'reasonable' person would state that it is most likely being used for xxx illegal (not unlawful/civil.. that's where it should never occur) purposes then YES the vicarious liability should exist.
This then places the onus on the accuser to show that the provider DID know (not "should of" known) and that they had an obligation to at the minimum restrict access until at such time an authorised trier of facts makes a decision.
Though a 'primary purpose' has to be also proven.. and "just maybe", assumptions, "becasue I am butthurt" or "protect the children" have no bearings whatsoever on this. The bar needs to be set high
Thankfully this story is about Australia where alleged Infringement of Copyright is NOT classified as theft, larceny nor stealing in any way shape or form and is actually stated as such by the Highest Court we have.
Also It's NOT a HBO bundle, its NOT about HBO at all instead its about an organisation that is bordering on anti competitive behaviour called Foxtel (one of two Subscription TV only suppliers in Australia).
It seems you don't read the articles you comment on under the pseudonym of peopleagainstheft and instead cherry pick the articles you actually will comment on as that handle based on trying to push the fiction of trying to classify infringement as theft.
Ah so its the difference between playing Battlefield 3 and Battlefield 4 (PC or Console)
On one I have fun and enjoy the game (with all its bugs).. on the other My urge to discombobulate fuckheads in EA who allowed a game to be released before it was ready becomes immensely strong and hard to control.
Luckily I am now playing Dark Souls 2 where the urge to rage quit is strong mainly because I suck at everything except dying.. that Im good at.. oh yes indeedy I am good at dying in DS2.
PS: I enjoyed the ending(s) of ME3 and like Timothy saw the subtle dig at 'reality v. happy rainbow endings' that shows no matter what you do sometimes life sucks and you do what is needed not what you want.
Also you mihght be interested that the statistics are based on households only, and currently within australia there are only 8.5million households.
Which equates to over 6.5million in early 2013 NOT having payTV though every single one of those 8.5mill homes have a TV (and most > 2). Now that figure of those Only watching FTA or iView [our ABC internet system - think like the BBC] or Internet (youtube) has estimated to rise to above 7million.
The latest reliable figures by Peter Budde Communications was produced around Dec 2013 though is sadly behind a huge cost service (unless you have $125AU to spend) and talks about how the introduction and now the major switch over to Digital Free To Air (FTA) has not only made the household takeup of Subscription TV (STV) that was around the 27% mark in early 2013 ( stats from that Budde report can be found on this older Feb 2013 blog post - down bottom) gone below that but WAY below that due to the actual content that the FTA stations are purchasing (at great expense that some see as unmaintainable). It's estimated it could be as low as 23% in some circles (some doomsayers are saying below 20%)
Though remember, and you even state this, these are ONLY major metropolitan areas of the capital state cities. Mostly Melbourne, Sydney, and Brisbane .
Also with the population of Aust being less than 26mill STV competing with FTA doesn't have much room to move and their whole business models are reliant on a 30% share. It's not going to happen in the foreseeable future and unless our National Broadband Network is put in place soon the subscription model for cable (which uses some cable and some copper) is doomed to failure since no more cable can actually be legally laid anymore in older suburbs and countrywide its just too bloody expensive.
The churn of 13% has now increased to near 40% (some think more) especially since uptake of Digital TV is now 100% Australia Wide. mainly because Analog has now been switched off (100% makes sense then)
Moreover, since the majority of city dwellers in Australia already have a cable type hookup, the question in price would be the difference between their current rates and the rates with HBO.
What the hell??? where did you get this bullshit factoid from?
THE MAJORITY IN AUSTRALIA DO NOT USE CABLE TV!!!!
In fact we all mostly still use Free2view Digital TV via antenna's.. You know those things that are on roofs? Cable TV is actually a very minor part of Australia's viewing within the major metro areas and nearly zero within outlying country areas.
The only reason most people even bother to pay for Foxtel is if they really want to watch some PayTv exclusive sports event (there is less and less of them since freeview has more sports now) , or they have more money than sense... or both
Go look at the numbers of cable subscribers in Oz, and then really think about your answer.
I did... did you though? oh btw it's less than 20-25% of metro households now and dropping and predicted by orgs like budde and OzTam to be below 20% by 2016. Why? because our FreeView Digital TV is Free, HD and VERY GOOD!!
Ah but our IP laws were enforced by the courts all the way up to the High Court of Australia (The equiv. to your Supreme) and AFACT/ASA don\t like that fact and instead are trying to get things enforced that are actually verboten under our current copyright laws (and other laws too)
So not only are you not correct you do not have any truth in your statement and instead show how much of a fool (and US centric) you really are.
Firstly Australians don't normally use cable TV in fact we have a major Free to Air TV model that we use mostly instead. Foxtel portray themselves as a cable company but instead have bugger all programmes that are exclusive and this includes major sporting events as well.
Our major networks are all digital stations broadcasting freely nearly all major USA, UK, and Australian shows that are freely available after broadcast as well on 'catch up' (on demand) streaming via the network websites.
GoT is an anomaly in this mix as FoxTel have n exclusivity (which is bordering on anti-competitive behaviour) and is why it's downloaded as it is by Aussies.
Name some major cable only series in the USA and Australians will normally have this on FreeTV and lately we normally have this the week (sometimes a day) after broadcast in he US. Glee, Grimm, Bones, Castle.
Also our Cable TV is NOT a part of an ISP subscription. It's totally independent of internet providers especially since most internet service is provided via ADSL2 using standard fixed line telephone copper and payed for seperately as well. Cable TV is NOT the norm in Australia
This is EXACTLY what I also do and will keep doing... Oh and I am Australian too and REFUSE to ever pay Foxtel for access to their useless cable subscriptions especially when nearly every single major TV show except for GOT is actually broadcast on free To Air TV in Australia.
They didn't.. that's why he was charged with Disorderly Conduct (ie: Contempt of Authoritay!!!!) instead since there was no evidence anymore that the felony wiretap had occurred which actually requires specific elements like PROOF to charge anyone with.