Recognizing It Had No Chance, Cox Settles BMG Copyright Trolling Case

from the and-onward dept

The long saga of the BMG v. Cox case is now over. If you don't recall, BMG had hired the copyright trolling outfit Rightscorp to bombard ISPs with shakedown letters, based on accusations of copyright infringement. Rightscorp really wanted ISPs to pass those letters on to ISP subscribers, including the part where they demand money to leave you alone. As was revealed during the case, Rightscorp would blatantly lie to those subscribers, telling them that if they were innocent they needed to first hand their computers over the police for a forensic search. Cox, after being bombarded with these shakedown letters, started ignoring the Rightscorp letters, leading BMG to sue.

Cox pointed to the DMCA safe harbors to protect itself, but the judge, Liam O'Grady, made it pretty clear that he didn't care much for the internet at all, and didn't seem to mind Righscorp and BMG shaking down people for money with the threat of losing their entire internet access. Of course, it did not help at all that Cox itself had some damning emails about how they treated subscribers accused of infringement. While plenty of attention has been placed on Cox's apparent "thirteen strikes" policy for those accused (not convicted) of copyright infringement, the real problem came down to the fact that Cox didn't follow its own repeat infringer policy. So, in the end, Cox lost to BMG in the lower court and it was mostly upheld on appeal.

However, the case was sent back down to the lower court because O'Grady messed up with his jury instructions, providing them with the wrong standard for contributory infringement (O'Grady's jury instructions about contributory infringement presented it as a much broader standard than it actually was). And thus, the case was supposed to go back for another trial... but that's now over as the two sides have settled and Judge O'Grady immediately signed off on the settlement.

This isn't all that surprising. Cox was basically in a no-win situation, since its own failure to abide by its own repeat infringer policy had already sunk it, and spending a few hundred thousand dollars more on lawyers to argue over contributory infringement in hopes of lowering the damages award probably wasn't worth it if they could just settle the case and move on.

Oh, and of course, Cox now also has a brand new fight with all the major labels that was launched a few weeks ago in response to the results of the BMG case. And Cox is right back in Judge O'Grady's unwelcome court room for that case. I wouldn't be surprised if Cox tries to settle its way out of that case as well.


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  • identicon
    Anonymous Coward, 24 Aug 2018 @ 1:50pm

    There is a lesson here that is beyond IP

    If you happen to find yourself working at a company and have any input on policy creation or modification, if you say your company is going to do something in an official policy... you have to actually do it. So many companies I have worked for, worked with or audited are quick to adopt a policy because it sounds good or makes sense but do not actually enforce the policy. You will get bit eventually ;)

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    • identicon
      According to one other site, 25 Aug 2018 @ 11:48am

      Re: There is a lesson here that is beyond IP

      Well Ventura is asking the Supreme Court to review the entire DMCA now. By Monday you might see the story on here. So we are about to step into a death battle.

      reply to this | link to this | view in chronology ]

      • identicon
        Christenson, 25 Aug 2018 @ 9:03pm

        Re: Re: There is a lesson here that is beyond IP

        Can you link to the Ventura petition? Or that other site?

        We like source material! lol

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        • identicon
          Anonymous Coward, 26 Aug 2018 @ 9:40am

          Re: Re: Re: There is a lesson here that is beyond IP

          I’m not really good with tech ironically. So posting link is a no go.
          Found It’s on a site called digital music news.

          reply to this | link to this | view in chronology ]

          • icon
            That One Guy (profile), 26 Aug 2018 @ 9:58am

            Re: Re: Re: Re: There is a lesson here that is beyond IP

            It's not too difficult once you know the coding and how to get it to work, mostly just a matter of memorizing which tags do what. For a link, make sure to check the 'Use markdown...' option below the text box, and then simply use the following:

            [name of article or other description goes here](Address goes here).

            And if you ever want to make use of the various formatting options like links, italics or whatnot, I find this page pretty useful.

            reply to this | link to this | view in chronology ]

          • identicon
            Christenson, 26 Aug 2018 @ 1:54pm

            Re: Re: Re: Re: There is a lesson here that is beyond IP

            https://www.digitalmusicnews.com/2018/08/24/bmg-settlement-cox-communications/

            Word in this article is that with judge allowing conflation of "infringement" with "stealing", a loss for Cox was written on the wall, and the settlement might be "go away" money. (Lawsuits are plenty distracting, cost those involved way more than just what the lawyers get)

            https://www.digitalmusicnews.com/2018/08/24/supreme-court-review-dmca-porn/

            Ventura got no damages in court because the site where it's porn was being uploaded complied with DMCA takedown notices. Ventura feels that the site was deliberately and willfully infringing it's material, did not act until it received the takedown notices, and therefore *should* have to pay damages.

            My opinion:
            Cox folding is a strategic decision to move out of a no-win forum, Ventura did not change the calculus. Ventura's case will be denied review or lose and be told to petition the congress for redress. Possibly Ventura will be remanded, required to make a strong showing that the infringing site was indeed playing "chicken" with the DMCA to avoid being like sci-hub.

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            • icon
              That One Guy (profile), 26 Aug 2018 @ 4:52pm

              Re: Re: Re: Re: Re: There is a lesson here that is beyond IP

              Ventura feels that the site was deliberately and willfully infringing it's material

              If they can prove that the ones who ran the site uploaded, or actively encouraged the uploading of said material, then I'm pretty sure that the DMCA would not in any way shield them, much like 230 protections don't shield a site from actions those running the site do themselves. If they can't prove that and merely accuse the site of doing so then that assertion is likely to fall flat on it's face as unsupported.

              did not act until it received the takedown notices

              Which they are not required to do, so that strikes me as a complaint not that they violated the law, but rather that the law itself isn't what they wanted it to be or think it is.

              and therefore should have to pay damages.

              Yeah, unless they manage to get a judge like Grady who's not a fan of that new-fangled 'internet' thing, guessing that's not going to go over so well for them.

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              • identicon
                Christenson, 26 Aug 2018 @ 6:31pm

                Re: Re: Re: Re: Re: Re: There is a lesson here that is beyond IP

                TOG, agreed. It *feels* like Ventura and Digital Music News has RIAA/MPAA support. Ventura's reaction feels, well, childish. CDA230 is entirely constitutional in the sense that it implements the part where the congress may give authors and inventors exclusive rights for limited periods. That also implies that copyright could be abolished by the congress.

                Due process and the first amendment and perjury problems are different matters, they should have taken them up with Lenz.

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                • icon
                  Mike Masnick (profile), 26 Aug 2018 @ 11:42pm

                  Re: Re: Re: Re: Re: Re: Re: There is a lesson here that is beyond IP

                  FWIW, we wrote about the Ventura/Motherless case when the 9th Circuit ruling came out:

                  https://www.techdirt.com/articles/20180317/02151939441/9th-circuit-appeals-court-recognizes-tha t-dmca-repeat-infringer-policies-must-be-flexible.shtml

                  The issue is similar to the one in Cox v. BMG concerning the specifics of the "repeat infringer policy" under the DMCA. The law says such a policy must be "adopted and reasonably implemented." The issue with Cox was that while it had a policy, it did not follow its own policy, and thus the court decided it was not "reasonably implemented."

                  With Motherless, the key issue was that the site was staffed entirely by the guy who owned the site, and while he did kick off repeat infringers, he hadn't written down his policy -- just kept track of things in his head. Ventura argued that the lack of a written policy means he failed this prong of the DMCA's requirements. Both the lower court and the appeals court noted that there is no requirement that the policy be written down. Importantly, they also noted that just because a site might miss some repeat infringers does not mean the policy is not well implemented.

                  It's an important ruling in that it notes that the DMCA does not require the repeat infringer policy to work perfectly. We won't be writing about Ventura's petition because I'd be surprised if the SCOTUS takes the case. If they do then it's likely we'll write about it.

                  Anyway, it is inaccurate and bad reporting to say that Ventura's petition for cert is an attempt to "review the entire DMCA." It has 3 specific questions about the DMCA, one on the repeat infringer policy, one on volitional conduct to lose safe harbors and one on the level of knowledge necessary to lose the safe harbors. It is possible the Supreme Court would take the case, but I would be somewhat surprised if it does.

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                • identicon
                  Anonymous Coward, 27 Aug 2018 @ 9:13am

                  Re: Re: Re: Re: Re: Re: Re: There is a lesson here that is beyond IP

                  Yeah when I found the site it was pretty much the only one talking about the story since it was only recently asked review unless I missed another.

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        • identicon
          Anonymous Coward, 26 Aug 2018 @ 9:58am

          Re: Re: Re: There is a lesson here that is beyond IP

          It’s came out the 24th so it’s still at the top.

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  • icon
    DannyB (profile), 24 Aug 2018 @ 2:38pm

    So what does this mean?

    TFA (the friendly article) says the terms weren't made public.

    The PDF of the actual settlement doesn't say anything other than that no money is awarded to either party.

    So how are Cox internet customers affected? (I am not one of them.)

    Is it unknown?

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    • identicon
      Christenson, 24 Aug 2018 @ 3:33pm

      Re: So what does this mean?

      If money didn't change hands, then it sounds like a hatchet got buried...because what's about to go down is actually very shady and might not be very ethical. MPAA doesn't need the huge public relations loss. Cox doesn't need to fight a protracted battle any longer, and doesn't want to be seen betraying its customers. The legal landscape will probably clarify with the very similar Grande Communications lawsuit.

      In my reading of the tea leaves, Cox agreed to a new "repeat infringer" policy, and they agreed to follow it. I think the names of some of their more prolific file sharers will find their way to Rightscorp as part of it.

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      • identicon
        Christenson, 25 Aug 2018 @ 2:04am

        Re: Re: So what does this mean?

        On further thought, there's a strong public interest in finding out what the stipulation was -- there's been several articles about it and I'm sure there's quite a bit of interest from some related cases.

        So, with a little bit of luck, one of Mike Masnick's friends will pry the actual stipulation out of the court with a motion.

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      • icon
        That One Guy (profile), 25 Aug 2018 @ 4:46am

        "We wrote up a new policy, but I guarantee you won't like it."

        In my reading of the tea leaves, Cox agreed to a new "repeat infringer" policy, and they agreed to follow it. I think the names of some of their more prolific file sharers will find their way to Rightscorp as part of it.

        It seems to me COX or any other company has an easy way to turn this 'loss' into a 'win' and stick it to Rightscorp and the other parasites at the same time.

        "In order to comply with the settlement terms we will be implementing and making use of a 'repeat infringer' policy for our customers. It is important to note at this point that it will be a 'repeat infringer' policy, not a 'repeatedly accused of being an infringer' policy. As such accusations against our customers will not be considered sufficient to trigger the penalties of this policy, and only a legal finding of guilt will be sufficient to trigger it."

        Do that and the 'win' the parasites scored would turn to ashes over night, and you'd have the entertainment of watching them flail about and try (yet again) to claim that accusation is equivalent to guilt when it comes to copyright violations.

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        • icon
          Toom1275 (profile), 25 Aug 2018 @ 8:55am

          Re: "We wrote up a new policy, but I guarantee you won't like it."

          Or instead implement a "every report equals a strike" policy, witg 4.2e98765432-strikes to takedown, and a 1-report-per-second submission limit.

          reply to this | link to this | view in chronology ]

          • icon
            That One Guy (profile), 25 Aug 2018 @ 4:16pm

            Re: Re: "We wrote up a new policy, but I guarantee you won't like it."

            "Hey, we said we'd set up a limit where our customers could be kicked off after a certain number of reports, we didn't say it would be a low number. Just because we may have to set up the system doesn't mean we have to make it easy for you to use against the people paying us for service, something they can't do after being kicked off."

            reply to this | link to this | view in chronology ]

            • icon
              Toom1275 (profile), 25 Aug 2018 @ 6:25pm

              Re: Re: Re: "We wrote up a new policy, but I guarantee you won't like it."

              "And we've been carefully keeping up with adhering to our new plan, so you can't say we aren't acting in good faith anymore."

              reply to this | link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    John Smith, 24 Aug 2018 @ 3:24pm

    This was a correct ruling. ISPs can "control the infringing activity" and that's the standard for contributory or vicarious infringement. Oddly, though, Visa beat Peffect 10 when a California judge ruled that payment processors were not material to infringement of pictures since they could have been sold elsewhere. Google has also ducked liability since its search engine has noninfringing uses and since they don't "controL' the infringement.

    A webhost or ISP, however, has clear control and the files pass through their pipes.

    As I've noted previously, a better option would be to treat it as an ASCAP violation and limite the damages to ASCAP fees.

    reply to this | link to this | view in chronology ]

    • identicon
      Bruce C., 24 Aug 2018 @ 6:49pm

      Re: "A webhost or ISP, however, has clear control..."

      "A webhost or ISP, however, has clear control and the files pass through their pipes."

      Yes, but is it desirable to allow the ISPs to block traffic based on content? Among other things, this is a back-door to circumvent net neutrality in places where that law still applies. AT&T, Comcast etc. blocking competitive streaming sites based on "content" concerns when they really want to drive traffic to their partners/subsidiaries is totally plausible in my mind.

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      • This comment has been flagged by the community. Click here to show it
        identicon
        John Smitn, 24 Aug 2018 @ 7:29pm

        Re: Re: "A webhost or ISP, however, has clear control..."

        Illegal traffic should be blocked. Same for defamation and death threats. Piracy harms copyright holders, many of whom are individuals.

        The threshold for liability is actually quite high: an ISP would have to first be put on notice before they would be liable.

        They have to monitor and stop child porn as well, and seem to do fine. Same for the major UGC sites, which manage to prevent it from being on their systems as well.

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        • identicon
          Anonymous Coward, 24 Aug 2018 @ 8:44pm

          Re: Re: Re: "A webhost or ISP, however, has clear control..."

          And who gets to decide it's illegal? Are you going to trust the judgment of the ISP? Are you going to let the ISP deep packet inspect all your communications? Are you then going to let the government go on a fishing expedition using all the stored communication from your ISP after they claim the 3rd party doctrine holds?

          As for monitoring and stopping child porn that burden is not on the ISP who like to act as dumb pipes when it benefits them and more on the edge providers (UGC) who store the data.

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        • icon
          Stephen T. Stone (profile), 24 Aug 2018 @ 10:55pm

          Illegal traffic should be blocked.

          Say you go to YouTube and watch a clip of a movie that, unbeknownst to you, was not uploaded by an authorized party. That would technically be copyright infringement—after all, you would have technically downloaded a copy of the infringing video into your computer’s memory. What do you think should happen to you for committing that single act of copyright infringement, even if it were wholly accidental?

          I could likely think of other ways people unwittingly breach copyright every day (such as looking at pics on/uploading pics to imageboards), though I figure the hypothetical above is good enough for this thought experiment.

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          • identicon
            Christenson, 25 Aug 2018 @ 1:59am

            Re:

            Mr Stone:
            You are way too lenient with Mr Smith. By the mere loading of techdirt's web page, he's got an illegal copy of your copyrighted post and mine. Should I sue?

            And by the way, your hypothetical happened to me: Guy posted a link to a book..so I downloaded. Then I perused it, found out it was (C), deleted it, and reported the guy. The platform banned him.

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    • identicon
      Anonymous Coward, 25 Aug 2018 @ 11:58am

      Re:

      LOL at this comment being censored wtf...

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 26 Aug 2018 @ 11:01am

      Re:

      And if only people were forced to buy your book you would be rich.

      reply to this | link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    Dewey Process, 24 Aug 2018 @ 4:01pm

    So I was right about dat. And WHO was not?

    You can read my accurate and censored (boy is that redundant here!) comment where I predicted Cox would LOSE entirely, as clearly their lawyers decided:

    https://www.techdirt.com/articles/20180802/17420540355/sensing-blood-water-all-major-labels -sue-cox-ignoring-their-dmca-notices.shtml#c66

    Now, from my position of victory (except for lack of precedent), I condescend to clarify points that you KIDS clearly don't grasp:

    1) Corporations are NOT persons. They are SUBJECT to corporatized procedures. This is relevant because:

    2) DMCA is a DEAL: companies get "safe harbor" provisions ONLY IF FOLLOW SPECIFIED PROCEDURE TO ENFORCE THE RIGHTS of both "natural" and corporate persons. Cox did not, deliberately, over long period.

    3) This is ADMINISTRATIVE LAW. -- But is not contradictory for me to agree with it: This I support because simplifies the mass enforcement of an actual Constitutional Right of controlling copies.

    4) Corporations running ISPs are required to accept the (mere but doubtless true given level of piracy) statements of other corporations.

    The sum is: Copyright holders are NOT required to go through full criminal level court process. This is the STREAMLINED process that can and will deal with your mass infringement, now nearly nailed down.

    reply to this | link to this | view in chronology ]

    • icon
      Killercool (profile), 24 Aug 2018 @ 4:09pm

      Re: So I was right about dat. And WHO was not?

      The people you are cheering for are corporations. The sheer idiocy and hypocrisy of you cheering for a "win" given to one, then saying in your next breath that "ALL CORPORATIONS are EEEE-VIL" makes everyone bored enough to read your tripe dismiss any valid argument you would ever have.

      Reported as troll.

      reply to this | link to this | view in chronology ]

      • icon
        Killercool (profile), 24 Aug 2018 @ 4:12pm

        Re: Re: So I was right about dat. And WHO was not?

        Also, copyright as it exists today was bought and paid for by Disney.

        A corporation.

        Therefore, copyright is EEEEE-VIL!

        reply to this | link to this | view in chronology ]

      • This comment has been flagged by the community. Click here to show it
        identicon
        John Smith, 24 Aug 2018 @ 7:26pm

        Re: Re: So I was right about dat. And WHO was not?

        Where'd I say all corporations are evil?

        Not all copyright holders are corporations, btw.

        reply to this | link to this | view in chronology ]

        • icon
          Killercool (profile), 25 Aug 2018 @ 12:55am

          Re: Re: Re: So I was right about dat. And WHO was not?

          When EVIL -- and I FULLY MEAN that even though agree with the administrative process above: corporations are ALL inherently EVIL and must be closely watched, even your precious GOOGLE

          Did you accidentally use the same user name for these posts less than a minute apart, "John Smith"?

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    • icon
      Stephen T. Stone (profile), 24 Aug 2018 @ 4:14pm

      censored

      How can we read your comment if it was censored? That implies the deletion of your comment from the comments section of that article. Yet your comment remains, albeit flagged for being your usual confrontational bullshit. So were you censored or just called out by the community for being an asshole?

      reply to this | link to this | view in chronology ]

      • This comment has been flagged by the community. Click here to show it
        identicon
        Anonymous Coward, 25 Aug 2018 @ 12:01pm

        Re:

        And yet you call him an asshole and don’t get censored.

        Go play with your torrents, pirate boy.

        reply to this | link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    Dewey Process, 24 Aug 2018 @ 4:02pm

    OH, and Mansick as usual both wrong and futile.

    Heh, heh.

    But there's yet WORSE in store for you, kids!

    When EVIL -- and I FULLY MEAN that even though agree with the administrative process above: corporations are ALL inherently EVIL and must be closely watched, even your precious GOOGLE -- which is what I try to WARN YOU of -- and Masnick does NOT! Anyhoo, when EVIL corporations begin using GOOGLE's tracking of and identifying of you pirates (with javascript browser fingerprints, recaptcha, and other "services"), combined with ISP level help, then be glad if ONLY have your ISP cut off, instead of first billed, then prosecuted if don't pay up.

    THIS is Teh Internets working as intended. -- That's why DMCA has those provisions!

    But all you have to do to go free is keep your filthy piratey paws off other people's property! -- Is that too difficult for you? -- I'll just HOOT as you're billed for five or six or seven figures.


    Now, kids: continue to refuse to understand plain law, and especially censor away my accurate comments in your tiny little netwit fury, because that's True Techdirt!

    reply to this | link to this | view in chronology ]

    • icon
      Stephen T. Stone (profile), 24 Aug 2018 @ 4:17pm

      Why are you like this? Why are you so adamant about proving this one man wrong that you will wage a years-long personal bitchfest comment war on his blog? Why are you so confrontational when you could easily tone back the aggressive bullshit and get an actual discussion going? Why do you act like Mike is literally trying to kill you and you have to puff out your chest to assert dominance?

      …are you an incel, Blueballs?

      reply to this | link to this | view in chronology ]

      • This comment has been flagged by the community. Click here to show it
        identicon
        Anonymous Coward, 24 Aug 2018 @ 4:40pm

        Re: OH, and Mansick as usual both wrong and futile.

        Why are you like this?

        You mean accurate, honest, well enough versed in law, against theft even of intellectual content, against a frat boy weenie who's rarely right, and who supports mega-corporations against The Public?

        Too difficutl for you to see? Hmm.

        reply to this | link to this | view in chronology ]

        • icon
          Stephen T. Stone (profile), 24 Aug 2018 @ 4:43pm

          You mean

          …insulting, aggressive, aggrieved, arrogant, and infinitely angry because of a comment from years ago to the point where you try to play the victim of “censorship” even though all your flagged posts can be read with a simple mouse-click? Yes, I do mean that. Even pro wrestlers don’t hold grudges as long as you have, child.

          reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Coward, 24 Aug 2018 @ 4:52pm

          Re: Re: OH, and Mansick as usual both wrong and futile.

          (BMG is a corporation)

          reply to this | link to this | view in chronology ]

          • This comment has been flagged by the community. Click here to show it
            identicon
            Dewey Process 3, 24 Aug 2018 @ 5:02pm

            Re: Re: Re: OH, and Mansick as usual both wrong and futile.

            (BMG is a corporation)

            Yes, if you'll read mine, I included that fact in stating that the DMCA process protest the copyrights of both "natural" persons AND corporations. -- I don't really LIKE the latter as "persons", but it's a semi-useful FICTION. Corporations USED TO BE acceptable before let run wild, what I'm saying. Get 'em back into CAGES.

            Thank you, though, for at least on-topic.

            reply to this | link to this | view in chronology ]

            • icon
              Stephen T. Stone (profile), 24 Aug 2018 @ 5:07pm

              I don't really LIKE the latter as "persons", but it's a semi-useful FICTION.

              So you dislike the idea of corporations as “persons” until a corporation—a thing you explicitly say you dislike—manages to prove you “right” in some way, then they’re “semi-useful”? And you call us hypocrites…

              "natural" persons

              Are you the person or the individual known as Out of the Blue? (Also, bad choice of usernames. Seriously, a Debbie Gibson song? You should’ve at least used something from New Kids on the Block.)

              reply to this | link to this | view in chronology ]

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                identicon
                Dewey Process 3, 24 Aug 2018 @ 5:37pm

                Re: Re: Re: Re: OH, and Mansick as usual both wrong and futile.

                So you dislike the idea of corporations as “persons” until a corporation—a thing you explicitly say you dislike—manages to prove you “right” in some way, then they’re “semi-useful”? And you call us hypocrites…

                You have as usual paraphrased what I wrote, to twist it into an attack.

                My answer is up there, needs no more.

                reply to this | link to this | view in chronology ]

              • identicon
                ryuugami, 26 Aug 2018 @ 11:42am

                Re:

                So you dislike the idea of corporations as “persons”

                He doesn't. If corporations weren't persons, he couldn't be fellating them all the time!

                reply to this | link to this | view in chronology ]

        • icon
          Mike Masnick (profile), 25 Aug 2018 @ 1:11am

          Re: Re: OH, and Mansick as usual both wrong and futile.

          against a frat boy

          Of all the silly, projected, made up claims about me, this one remains the funniest.

          What frat did I belong to?

          reply to this | link to this | view in chronology ]

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    identicon
    Dewey Process, 24 Aug 2018 @ 4:28pm

    AND I WAS CENSORED AFTER ONLY TWENTY MINUTES!

    A Typical Techdirt Time allowed for Truth to be seen.

    reply to this | link to this | view in chronology ]

    • This comment has been flagged by the community. Click here to show it
      identicon
      Anonymous Coward, 24 Aug 2018 @ 4:31pm

      Re: AND I WAS CENSORED AFTER ONLY TWENTY MINUTES!

      AND THAT BROWSER SESSION / IP ADDRESS BLOCKED
      WITHIN A MINUTE, PROVING AN ADMINISTRATOR IS
      WATCHING, IT'S NOT "THE COMMUNITY".

      reply to this | link to this | view in chronology ]

      • This comment has been flagged by the community. Click here to show it
        identicon
        Dewey Process 3, 24 Aug 2018 @ 4:37pm

        Re: Re: AND I WAS CENSORED AFTER ONLY TWENTY MINUTES!

        AND that one too was blocked within a minute!

        By the way, kids, I'm nailing down in every way that it's **viewpoint discrimination*, not an alleged community finding my comments so outre and outside of common law that require a warning. All your actions are useful to my case. Legislation is in the works.

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        • icon
          Stephen T. Stone (profile), 24 Aug 2018 @ 4:38pm

          U mad, bro? Sue me for flagging your shit, then.

          reply to this | link to this | view in chronology ]

          • This comment has been flagged by the community. Click here to show it
            identicon
            Anonymous Coward, 24 Aug 2018 @ 4:43pm

            Re: Re: Re: AND I WAS CENSORED AFTER ONLY TWENTY MINUTES!

            U mad, bro? Sue me for flagging your shit, then.

            You're the worst troll here, and that's an accomplishment.

            You are of course off-topic, without substance.

            I'm just complaining of unfairness from the site, and that's American as apple pie.

            reply to this | link to this | view in chronology ]

            • icon
              Stephen T. Stone (profile), 24 Aug 2018 @ 4:44pm

              You are of course off-topic, without substance.

              So are you. Welcome to the club; may I offer you an egg in these trying times?

              reply to this | link to this | view in chronology ]

              • This comment has been flagged by the community. Click here to show it
                identicon
                Anonymous Coward, 24 Aug 2018 @ 4:50pm

                Re: Re: Re: Re: AND I WAS CENSORED AFTER ONLY TWENTY MINUTES!

                I'm ON the topic that YOU chose, of simplistic catty little ad hom. My substance is up there, censored.

                reply to this | link to this | view in chronology ]

            • identicon
              Anonymous Coward, 24 Aug 2018 @ 10:27pm

              Re: Re: Re: Re: AND I WAS CENSORED AFTER ONLY TWENTY MINUTES!

              "You are of course off-topic, without substance."

              And yet, you are the one being flagged by the community. Go figure, jackass.

              reply to this | link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    Dewey Process 3, 24 Aug 2018 @ 4:49pm

    It's too much to ask here at "free speech" Techdirt, for my text

    to be seen. They can't stand it.

    Real tough guys.

    The site won't state any details about how many alleged clicks are required, out of how many readers, cause that'd totally expose that it's maybe one fanboy and okayed by Administrator (who may be same person). They can't just ignore, are apparently compelled by nerd rage to clutter the site with responses.

    So the site deprives potential readers who'd be no more troubled than to glance over and if don't like my opinion, to hit "page down" and go on.

    And then the site wonders why loses readers! It's not ME, kids, it's YOU. Just leave my comments visible, and IGNORE.

    In Aug-Sep of last year, I had you argued to that for a while, which proved that it IS administrator action.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 24 Aug 2018 @ 4:53pm

      Re: It's too much to ask here at "free speech" Techdirt, for my text

      Which sites publish their anti-spam techniques for spammers to read?

      reply to this | link to this | view in chronology ]

      • This comment has been flagged by the community. Click here to show it
        identicon
        Anonymous Coward, 24 Aug 2018 @ 4:58pm

        Re: Re: It's too much to ask here at "free speech" Techdirt, for my text

        Which sites publish their anti-spam techniques for spammers to read?

        I don't know! But what's that got to do with a site that advertises "comment is open to all", talks up "free speech", claims way is to answer with MORE speech, provides HTML form so that public can comment, and then censors viewpoints? -- That's what I complain of, and it's FRAUD.

        YOU are committing another sort of fraud in mis-casting my comments as spam. LIAR.

        reply to this | link to this | view in chronology ]

        • icon
          Stephen T. Stone (profile), 24 Aug 2018 @ 5:01pm

          I don't know!

          Then quit acting like an expert when you are no better than the homeless guy who lives in a van down by the river.

          YOU are committing another sort of fraud in mis-casting my comments as spam.

          Have me arrested and sue me for flagging your shit, Blue Light Special. Go on. You want to talk like you’re some badass who knows everything and can do anything to us, so go call the cops on me and file a lawsuit against me. Go on, I dare you. I double dare you. I TRIPLE DOG DARE YOU.

          reply to this | link to this | view in chronology ]

          • This comment has been flagged by the community. Click here to show it
            identicon
            Dewey Process 3, 24 Aug 2018 @ 5:10pm

            Re: Re: Re: It's too much to ask here at "free speech" Techdirt,

            The diverting question was one of mechanically listing sites, not expertise, to which I honestly answer:

            I don't know!

            And then you attack with yet another topic:

            Then quit acting like an expert when you are no better than the homeless guy who lives in a van down by the river.

            Then do one of your characteristic berserker attacks:

            Have me arrested and sue me for flagging your shit, Blue Light Special.

            I'm just stating my opinions, kid. The site is hampering me against its stated principles. That's FRAUD.

            YOU are just a netwit doing EASY ad hom. YOU are the one needs to tone down.

            I DO TRY! In my feeble way to express my views. Give me credit for trying.

            reply to this | link to this | view in chronology ]

            • icon
              Stephen T. Stone (profile), 24 Aug 2018 @ 5:18pm

              The site is hampering me against its stated principles.

              Then go find a platform that will not “hamper you” and whine about how evil Mike Masnick is killing you softly with his flags (killing you softly with his flags, ruining your whole life with his words, killing you softly…with his flags) over there so the rest of us can comment on articles in relative peace.

              YOU are just a netwit doing EASY ad hom.

              I consider it a challenge to find new ways of insulting you that do not involve something as base as yo’ momma jokes. That you make this hobby easier for me by being the loudmouth asshole that you are is not lost on me, and for that, you have my appreciation.

              I DO TRY! In my feeble way to express my views. Give me credit for trying.

              I will give you credit for continuing to hold this grudge against a guy you have likely never even seen in real life, much less met face-to-face, for years after the original “offense”. I will give you credit for repeatedly acting like a victim because the commenter community here is tired of your bullshit. (And if they are tired of mine, they are welcomed and encouraged to plant the red flag in my metaphorical ass.) I will even give you credit for the persistence in thinking you know everything about the law because you are a SovCit. (Hint: You know nothing, Blue Snow.)

              I will not, however, give you credit for expressing views that boil down to “Techdirt is wrong and I’m right, so Mike needs to get on his knees and blow me for being a genius demigod”. For doing that, you get flagged. If you want to be treated better, treat us better than you treat yourself—and you obviously treat yourself pretty poorly, given how your continued presence here comes off like a desperate form of self-harm.

              reply to this | link to this | view in chronology ]

              • This comment has been flagged by the community. Click here to show it
                identicon
                Anonymous Coward, 24 Aug 2018 @ 5:44pm

                Re: It's too much to ask here at "free speech" Techdirt,

                I will not, however, give you credit for expressing views that boil down to “Techdirt is wrong and I’m right, so Mike needs to get on his knees and blow me for being a genius demigod”.

                You simply but obliquely state that no one can "disagree" by actually disagreeing. In your view, one must agree with Masnick, then carp a bit around the edges, typos and such.

                That's not discussion, kid. I get a say. All you need do is hit "page down", and then say what you want, ON-TOPIC.

                Now, the TOPIC is COX versus RIAA. You've done nothing but rant off-topic. Thank you for proving me right there too about you.

                reply to this | link to this | view in chronology ]

                • identicon
                  Anonymous Coward, 24 Aug 2018 @ 11:16pm

                  Re: Re: It's too much to ask here at "free speech" Techdirt,

                  John Smith was the first one to bitch about typos. Haven't seen you criticize him yet. Why didn't you start?

                  reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Coward, 24 Aug 2018 @ 5:13pm

          Re: Re: Re: I

          Flagging your comments is speech, it is other saying that you speech is trollish. So avoiding being flagged is your problem to solve, by making the way you put you point across more acceptable to people, and not by demanding that people listen

          reply to this | link to this | view in chronology ]

          • This comment has been flagged by the community. Click here to show it
            identicon
            Dewey Process 3, 24 Aug 2018 @ 5:26pm

            Re: Re: Re: Re: I It's too much to ask here at "free speech" Tec

            > Flagging your comments is speech, it is other saying that you speech is trollish.

            To be answered with MORE speech, not the site by SNEAKY censoring. (I'm always within common law.)

            >So avoiding being flagged is your problem to solve,

            Yes, I HAD IT SOLVED AFTER LONG EFFORTS last Aug-Sep. That proves an Administrator has final control. That it's "the community" is a LIE. I'm protesting LIES.

            > by making the way you put you point across more acceptable to people, and not by demanding that people listen

            Nah, it's **viewpoint discrimination by Techdirt. I've been at this for YEARS! Literally thousands of my comments censored. Doesn't matter how, it's WHAT.

            Notice that Techdirt never officially responds to serious accusations, doesn't want to give me any more evidence. -- Let alone prove me right. LACK OF RESPONSE is simply one more indication of bad faith from Techdirt.

            reply to this | link to this | view in chronology ]

            • This comment has been flagged by the community. Click here to show it
              identicon
              Dewey Process 3, 24 Aug 2018 @ 5:29pm

              Re: Re: Re: Re: Re: I It's too much to ask here at "free speech" Tec

              By the way, I note that as usual when I dig in and stay on the site, that my comments are NOT so quickly hidden. I usually make my one comment and leave the topic, not even reviewed.

              That to me is more evidence that an Administrator makes a decision, as for sure the fanboys aren't NOW less upset, and I don't see my recent censored.

              reply to this | link to this | view in chronology ]

              • This comment has been flagged by the community. Click here to show it
                identicon
                Anonymous Coward, 24 Aug 2018 @ 5:30pm

                Re: Re: Re: Re: Re: Re: I It's too much to ask here at "free speech" Tec

                Yot, confirmed that the one made at 4:49 is NOT yet censored, longer than the first two.

                reply to this | link to this | view in chronology ]

            • identicon
              Anonymous Coward, 24 Aug 2018 @ 8:46pm

              Re: Re: Re: Re: Re: I It's too much to ask here at "free speech" Tec

              So?

              reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Coward, 24 Aug 2018 @ 5:44pm

          Re: Re: Re: It's too much to ask here at "free speech" Techdirt, for my text

          As always, your conspiracy makes absolutely no sense.

          There is no secret administrator cabal trying to silence your inane screeds by hiding your comments behind a single click.

          I'll give you a hint. Administrators could simply delete your comments outright, or edit them into nothingness, or shadowban you, or any number of other actions (blocking you would be a wonderful start, for example).

          reply to this | link to this | view in chronology ]

          • icon
            That One Guy (profile), 26 Aug 2018 @ 6:44am

            'Biting the hand that clears your comments.'

            What makes the paranoid conspiracy they've cooked up extra funny is that if the admins of the site really did have it out for them then any comments of their's caught in the spam filter would be deleted, not cleared.

            They are accusing the people that allow their comments to be posted of silencing them, such that if they were right then they actually would have their comments blocked from being posted rather than just hidden by the community.

            reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Coward, 24 Aug 2018 @ 8:45pm

          Re: Re: Re: It's too much to ask here at "free speech" Techdirt, for my text

          Stop spamming and we will stop calling you a spammer.

          reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 24 Aug 2018 @ 8:44pm

      Re: It's too much to ask here at "free speech" Techdirt, for my text

      I fucking love it when you beg to not be flagged. Gets my dick hard.

      reply to this | link to this | view in chronology ]

  • identicon
    Christenson, 24 Aug 2018 @ 5:16pm

    Flagging all of you

    I'm flagging all of you as this is going nowhere and completely off-topic.

    Stephen P Stone, in particular, please don't feed the trolls!

    reply to this | link to this | view in chronology ]

    • icon
      Stephen T. Stone (profile), 24 Aug 2018 @ 5:21pm

      please don't feed the trolls

      Fair enough.

      Stephen P Stone

      OH COME ON

      reply to this | link to this | view in chronology ]

      • identicon
        Christenson, 24 Aug 2018 @ 5:46pm

        Re: sorry, can't spell reliably

        Sorry about your initial Mr Stone. It was *not* intentional...teach me to double-check before hitting "post"!

        And return me the favor when I get into the weeds!

        reply to this | link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    Anonymous Coward, 24 Aug 2018 @ 6:39pm

    There once was an out of the blue
    Who hated the process of due
    Each film that he'd paid
    Was DMCAed
    And shoved up his ass with a screw

    blue was also wrong about Prenda. I'm still waiting for him to admit it.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 26 Aug 2018 @ 7:45pm

      Re:

      Why was this truth censored?

      reply to this | link to this | view in chronology ]

      • identicon
        Christenson, 26 Aug 2018 @ 10:46pm

        Re: Re:

        It was flagged by multiple readers and hidden, not censored.

        At a guess, I'd say for being a very specific ad-hominem, without some reasonable evidence that "out-of-the-blue" was in fact commenting here.

        But that's only a guess....

        reply to this | link to this | view in chronology ]

  • icon
    That Anonymous Coward (profile), 25 Aug 2018 @ 1:48am

    A judge who decides mere accusations are evidence of a crime.

    Liam O'Grady is on the take.
    Liam O'Grady is on the take.
    Liam O'Grady is on the take.
    Liam O'Grady is on the take.

    There we don't need a trial, toss him in jail.
    He made the rules, now he can live by them.

    reply to this | link to this | view in chronology ]


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