You all realise that this is about Contract law and rests on an alleged breach of contract by Sony and is NOT about copyright or about specifically blocking all piracy.
In this instance it is about a clause that is stating that Sony has exclusive rights to protect the work with all means necessary, and therefore under equity and consideration elements Sony therefore bears ALL reasonable responsibility on this as well.
Possibility (love the name), is alleging that not only did Sony not adequately, reasonably and using "industry standards" protect the work from the hack but also then did not meet further implied conditions of the contract due to the hack. ie: Advertising, promotion, distribution in cinema's etc.
As for the binding Arbitration clause (which is a USA only contract law bullshit thing - but i digress) this might be moot due to Sony allegedly having discussions in July 2016 with Possibility Pictures, where they [Sony] insisted that they had “no obligation….to take any anti-piracy measures whatsoever”. This shows that they were not going to abide by any agreement. This could all come down to estoppel also.
No, not black and white.. Just sometimes there is not two sides to a theory.. You have the correct answer or the actual null and DUMB answer. Or do you think David Wolf is correct too with his theory about how Gravity is not real?
"Stupidity does not consist in being without ideas. Such stupidity would be the sweet, blissful stupidity of animals, molluscs and the gods. Human stupidity consists in having lots of ideas, but stupid ones." - Henry de Montherlant (1896-1972)
Personally I prescribe to the idea that anti-vaxxers are as dumb as molluscs.
I'm not talking about Axanar or whether they have a fair use argument or not in their current action, I'm instead talking about the future real and not hypothetical ramifications this will have on fans (or anyone really) to produce works that Paramount deign to state are NOT fair use do to their arbitrary ruleset.
It's intimidatory and setting themselves up as the arbiter of what can and cannot be allowed for those without the wherewithal to understand how much bullshit (legally and otherwise) is inherent in the guidelines as presented.
They are trying to preempt by intimidation, propoganda, and "social conscience of the fan base towards the work - 'can no-one think of the work'" or anyone doing anything they deign unlawful beforehand.
What has or is about to happen to Axanar is irrelevant with these guidelines because these guidelines are for EVERYONE to either kowtow or be outcasts form the community of fans that supposedly paramount think they control. Oh and if paramount do this, they wont be the last Publisher/Owner.
> for works that do not qualify for the fair use exemption.
and that right there is why the guidelines are bogus. They are creating specificity of what they say is or isn't fair use, when in fact most of these guidelines where they restrict based on arbitrary figures and other caveats. "though must not go above xyz amount etc etc" are absolutely allowed under current fair use in certain circumstances, and unless legislation states otherwise can ONLY found by a court.
They are trying to create a arbitration/tribunal structure where they are the trier of facts first and foremost and no one shall do what they do not want. Paramount nor fans do NOT have a contract with each other, though thinking more, Paramount here might find themselves estopped if they go after a supposed fan based work that actually meets with these guidelines though is absolutely not fair use.
Guidelines are a waste of space/paper/air unless they are enforceable. These are not enforceable and therefore I stand by what I called them. A PR exercise and a Petulant ego trip.
I'm surprised that none of you have remembered one basic thing about these 'guidelines'.
They are NOT legally enforceable since there is NO contract to abide by these so called 'rules' and only a court can say whether fair use has been breached or not.
This is both a PR exercise and petulant intimidation tactic by Paramount s that they can point to these guidelines and say to the world at large.. "Oh but we had these guidelines that these fans agreed to - by silence or whatever uniquely wrong in law thing they think of saying - so we require obedience".
> it is nearly impossible to change society through enacting laws I can give you NUMEROUS Australian laws that have totally changed the way society thinks and acts.
* Wearing of seat belts in vehicles * Owning of firearms * Prostitution (legal in most states of Australia)
These were all laws that were created, or changed (in case of last) that have totally changed the way in which society acts, and thinks regarding different social aspects.
I agree with the idea that "There are no shortcuts or ways around dealing with the root of this problem" in this instance especially in regards to people treating one class of humans different than another, (race, gender, socioeconomic, religion, whatever) but.. sometimes laws that are enacted properly with logic and without the political bullshit rhetoric by those with underlying agenda's can succeed. maybe not in the USA for a while to come but in other places yes.
Mike, I cannot comment specifically on this case though I'd like to give some info regarding what a Serious Offence actually is.
A serious offense, under the Commonwealth Criminal code (which is only used in part of this specific case since telecommunications is a federal matter) is defined as ANY offence that has on conviction by imprisonment a period of 3 years or more.
In other words it is mostly all our indictable offences (ones that are not summarily dealt with in a lower court - similar to what a misdemeanor is in the USA).
Also there is no way the sentence would now be the max of 3yrs (or whatever the actual charges PLUS the charge of 474.14 is) since a pleading of guilty instantly wipes of 25% of any max sentence period before a sentencing hearing even begins.
Glyn could you please update this story to specify that Australia currently (and will not for foreseeable future) have any E-Voting whatsoever for State nor Federal elections.
All elections use PAPER BALLOTS, which are marked using pencil/pen using NUMBERS in the order of preference wanted by individual voters.
They are then manually counted using the "mark 1 human eyeball" except for the SENATE in certain circumstances only in which the paper ballots are fed into a scanning mechanism and then the numerals (1 to 6) for the top part of the Ballot paper only. IF the bottom part of the ballot, which can have up to 100+ numbers marked (no less than 12) than that is STILL manually tallied.
Oh and it is absolutely mandatory for every Australian citizen 18yrs of age or over to vote, unlike the UK or USA. In fact it's an offense not to vote.
What part of your last sentence (with the link) is of relevance whatsoever, bearing in mind your whole comment was based on quotes form the court documents and article and that the DMCA is not mentioned nor even a part of those proceedings..
Or is it that you are just trying to conflate your real agenda based on your opinionated bias about Mr Randazza on this thread and troll?
Dont bother answering. Enquiring & reasonably intelligent minds already know the answer.
You do realise that chopping convicted criminals hands, feet, etc off for punishment is not only Sharia law don't you? In fact that punishment for specific things like stealing, adultery etc has been around for eons and ALL ABRAHAMIC religions used it!