Mrs Garcia and her counsel are dreaming in Technicolor if they think that they will survive this appeal and still come out on top.
The Judge wasn't going to reverse his ruling when they filed the inital motion after the verdict, and I highly doubt the appeals court hearing Google's appeal is going to let it stand.
The absurdity of this ruling will hit home, and this will be struck. One could only imagine the damage this ruling would do if it was left to stand. You would have hundreds if not thousands of Garcia type cases flooding the court.
So instead of using this early leak as a way to let the public hype up the game and drive people towards it, they decide to stifle people's impressions of the game and now they foster apathy towards Fox itself and the game.
Obviously marketing and PR is not in their corporate mantra, but doing something detrimental is.
I agree. The Government has been playing word games in not saying we didn't and not saying we did.
With all that has transpired from the Snowden leaks I assume that they do this already, I certainly wouldn't believe anything the government has to say considering the way they have let the NSA run amok.
It seems more and more that the NSA is out of control. Everytime there is a revelation that comes out it seems it is worse than the last.
Let's see, they have spied on their own citizens's and officials, they have spied on friendly governments and their officials, they have spied on human right organisations, and even spied on the U.N.
If you ever wonder when something has run amok, the NSA fits that description to a "T". I guess the NSA has run out of groups to spy on ( watch out Girl Guides and Boy Scouts, you could be next )
Obama and any government that comes after it will need a ton of chap stick on hand because they are going to be kissing ass for years to come to fix all the damage that the NSA has done with it's spying program run amok.
I wouldn't doubt at all that the Judge has made a mental note of that comment for the next time that Mr.Voelker has an appeal in front of her.
Much like the clients he was defending, I would be of the opinion that Voelker when questioned by the court on the issues at hand and Team Prenda finding's in other courts didn't have much of a defense that resonated well with the Judges, nor do I think he liked the limb Team Prenda had him perched on.
So basically after listening to the hearing what I have gleaned is we are hearing is Voelker more or less reciting what we have heard Team Prenda plead in other courts when they have been on the end of an OSC or when a sanctions judgement has been entered against them.
So they basically just have re-hashed pretty much every argument we have read in past decisions that have come against Team Prenda.
The transcript from the last hearing were Team Prenda basically said "we didn't do this" "we shouldn't be held accountable" "we didnt do anything wrong" So what is really new here..nothing....zip...nada
This is basically another hail mary to get out from under the weight of the courts sanction finding and the monetary penalties from the Judge in the Smith/Lightspeed case.
Once again the DOJ & the U.S Government have shown a wanton disregard for due process of law. Kim Dotcom and Megaupload should be allowed to keep the servers up.
As it could have evidence that proves their innocence. The U.S. Government and the DOJ could release some of Megaupload's seize bank account fund and give some of that cash to preserve the servers to Carpathia till the end of the trial.
There would be no cost to the government or to the DOJ, it would be coming from Megaupload's cash. I doubt even Megaupload would have an issue with this nor would the EFF.
The mere fact that the government want's to stack the deck in their favor, and deny Megaupload and Dotcom the preservation of the servers makes one wonder what the government is afraid of.
Once again this just proves what we have all been seeing is that there is no right to a fair trial and access to the evidence as far as the government is concerned.
Another sign of just how far the U.S. government has strayed into the abyss.
he fact that the DOJ knew full well of the fact that the EFF was going to file a request to preserve the evidence, and the DOJ went out of it's way to convince or suggest that the request to preserve didn't need to be made by the EFF ought to signal to the court that there was evidence vital to the EFF's case.
The DOJ knowing full well that they destroyed the data that the EFF got an order to preserve, is a crime in itself. The DOJ will know pull a Team Prenda and tell the court they were confused or couldn't interpret the court's order and they are sorry.
It is amazing how much the Government will break their own laws and the DOJ and it's lawyers will lie at will to cover their Government and the DOJ's abuse of the power in regards to their own citizens.
It is no wonder that the American people have no faith in their government and their Justice system when they are brought before them as the government seems to stack the deck in their favor at all times.
When questions are raised by those where the government has committed mis-deeds and they know they are in trouble they just destroy the evidence in question and give the defense counsel and the court the "aw shucks, we're sorry" routine.
It is amazing how far the government will go to manufacture evidence to serve their own interests in crimes against their own citizens.
I would hope this Judge would demand that these lawyers for the DOJ be charged with contempt and a criminal prosecution, but we all know they will get the Prenda Treatment and the Judge will give their illegal actions a finger wagging and they will be sent on their way to sin no more.
It is now wonder that everyday more and more people see how out of control the government is and why their faith in equal justice is no longer their and mis-trust of the government is on the rise
And therein lies the issue, in that you have a for profit entity (FACT) giving the police the so called evidence to go after the alleged infringer.
The problem here is thereis no way of knowing whether there evidence is good to begin with or how it was obtained and the police seem to be willing to accept it carte blanche on it's face and act upon it.
The part that FACT is allowed to come into your home, collect supposed evidence and then do the talking while you are being detained makes them a arm of government, even though they have no standing and should be letting the police handle this themselves.
The mere fact that the Britsh government seems to think that a private entity should get to run around the U.K. playing cop seems unfathomable.
I sincerely hope anyone charged takes this to court and airs it out for a Judge to hear. I think they will have a trouble with the fact that a private U.S. entity is supplying evidence, playing police officers, interrogating people and then bring this into a court room.
Why do I have a sense of Deja-vu here. This bring's back memories of the late 80's when they wan't ban porn and criminalize those that made it.
And once again if we yield under pressure from a segment of society, which claims moral superiority over others will have added repercussions in the future. It also infringes on personal privacy and one's own choices and can only be described as a form of censorship.
The bad thing is that if TIPP/TPP get's pushed thru by the politicians in some back room deal, their won't be any Back to The Future moment after this.
The corporations and various goverments will fight tooth and nail to thwart any changes to the agreement, so there will be no going backwards in time to change the events of the future and no Marty McFly to save the day.
It used to be that the Artist/Band and the Producers/Actors needed the record and movie's big conglomerate to put out their albums/movies because they ran a monopoly to manufacture, distribute, market, stock, and sell the older forms of media.
The Artists/Bands Producers/Actors have other options to get their media to the masses now. The music/movie industry fears losing their grip on huge profits and control.