Finally, someone who gets it. Prosecutors, the Justice Department and law enforcement want to ignore any part of the constitution that grants anyone any rights. They would be happy if the Constitution and the Bill of Rights were simply repealed, et al.
| The 4th amendment doesn't become null and void just because you have an easier time violating it. |
This is the same argument that the Justice Department has been arguing that the Constitution and the Bill of Rights don't apply to technology because the Constitution and the Bill of Rights was created before technology existed so they shouldn't have to apply for search warrants to search cell phones.
HRD Software, nothing but a company full of idiots.
Let's see if I read this correctly. Customer purchases their software. Software doesn't work right so he tries to get customer service to assist him in fixing the problem with the purchases software. Rather than fix the problem, HRD Software instructs him on how to hack Microsoft Windows to work with their software.
Then, after not getting the kind of support he expects from HRD Software, he posts a review about the software. HRD Software then instructs him to download a new version of the software (they neglect to inform customer that the new version has been created to brick his software) and when he again contacts their support, it's only then they've informed him that the new version deliberately bricked his installation of the software.
Then, to make matters worse, the Owner/Partner of the company tries to backpedal by sugarcoating the problem and bullshitting HRD Software users by telling them they are sorry?
Who in their right mind would believe that bullshit? Where was this owner/partner when this customer was having problems? He finally comes out in public on a message forum to apologize? The customer's software should never have been bricked in the first place and I'm no lawyer, but I'm certain that HRD Software is liable for committing to this kind of action.
That's like someone posting a bad review for Microsoft Windows and Microsoft releasing a patch for that reviewer that effectively bricks that user's copy of Microsoft Windows. Software companies simply aren't allowed to do that, even if their damn attorney places it in their TOS. Terms of Service agreements are limited in what they can do, they aren't a legally enforceable document even though an attorney will try to convince you that it is.
Fact is, Axanar took the money that was donated to fund the movie and used it to finance the building of their movie studio. That money should have been used to fund the money, not fund the building of your movie studio. Alec Peters will probably end up getting sued by every person who donated to the production of this movie.
No wonder Tony Todd left the project, because there was no accountability regarding the finances for the movie, most likely, because Peters used the bulk of that money to establish the movie studio. Peters also makes reference that they would be producing even more Star Trek movies?
Just who the fuck does Peters think he is? The Peters Paramount Movie Studios?
Why is everyone using the argument that "Paramount needs free advertising". That isn't hat this is about. it's all about Axanar Productions wanting to be greedy, and make a small fortune using money that was donated for a Star Trek film and making themselves wealthy in the process by using someone else's IP rights. Axanar simply is in a losing position and the courts will end up finding for Paramount.
I find it hilarious that JJ Abrams got suckered into defending these idiots.
reader01, THANK YOU. This has never been about fan films or about Paramount not allowing them. Paramount and CBS have always allowed fan films to exist, as long as they meet certain guidelines.
The only reason why Paramount elected to file a lawsuit against Alec Peters and Axanar Productions is because the minute they solicited one million dollars through social media platforms, the Star Trek: Axanar movie ceased to be a fan film and crossed over into professional film production.
I had serious doubts that this lawsuit would ever succeed. Global Archery was trying to sue for infringement. But, there was no infringement because LARPing.org was purchasing the merchandise from a legitimate company and having them available so he could sell them through his website and generate income.
If this were allowed to proceed, then company's like Apple could sue retailers for selling the iPhone, iPod, etc. and Microsoft could sue retailers for selling computers that had Windows installed on them.
It's simply bad business when you start suing people and websites for purchasing merchandise legally. After all, that's what third party sellers do all of the time.
This is going to have a detrimental effect on any cases that were prosecuted by the government because those who were convicted could claim that their due process was violated by leaking confidential information to the government.
Even if this wasn't done deliberately, there is impropriety because of the fact that the documents and files were delivered and received by the government. It would be akin to a police officer bringing a witness to the courthouse when they were supposed to be brought to the police station for identification through a line-up process.
Even if it was accidental, that evidence can't be admitted because the witness identification was tainted.
In this case, since the prosecutor/government received files improperly from the defense via the duplicating company, it's the prosecution who will end up paying the price over this screw-up.
I don't recall the court ruling, but there was a case where a police officer brought a witness to the courthouse in error when the witness was supposed to be brought to the police department for a line-up regarding suspects in a criminal case.
This case is no different. The government screwed up.
I've also been watching this draw out and I expressed concern over Axanar's dubious claims that what they were doing constitutes fair use.
It's like if someone decided to use the "fan film/fair use" argument to produce a professional Star Wars film, or a James Bond film. Fair use is actually limited to what you're able to do:
1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work
I don't care what kind of moronic reason some idiot comes up with, fan art, fan fiction, fan films have never been considered "fair use". The reason most rights holders don't press it is because they don't consider them a serious threat.
Then, along comes Axanar Productions. What they did went far beyond what fair use allows. They solicited donations/funds from users online and posted in their online solicitation that backers would be able to download a digital copy of the film. Fair use doesn't allow someone to profit from copyrighted intellectual property rights. Make no mistake about it, Axanar Productions is profiting off this movie.
It's no different than torrent websites which distribute audio, video and printed content that is owned by those who created that content.
Axanar isn't making a review of a Paramount or CBS "Star Trek" production, they are making a professional movies while infringing on CBS and Paramount's copyrights.
Case in point, fair use can be claimed if you're making a parody film, or producing a review on a copyrighted property. Since Star Trek: Axanar isn't a parody nor a review, Axanar doesn't have a leg to stand on.
despite his lawyer's assurance it would maintain as much of the FBI's secrecy as possible while still defending his client.
AC, defense attorneys do this more frequently than you realize. If it turns out to be more detrimental in releasing that information to the public, defense attorneys won't release it. Engaging in behavior as indicated by that comment by the defense attorney is not a violation of the bar association.
Additionally, if the information mentioned in a trial is deemed to be too sensitive, attorneys either for the defense, plaintiff or for the prosecution move to close the proceedings and to seal the court record, which makes it immune to FOIA requests as well.
I expected this kind of decision simply because the courts aren't going to allow law enforcement to violate the spirit of "due process". This is the cornerstone of our law, where it concerns charging suspects with crimes and the courts are mostly reluctant when "due process" is violated on an egregious level as was done in this case.
The FBI may be able to keep its N.I.T. hacking tool secret but if it expects to have the evidence they collect to be admitted into a criminal trial, then it needs to disclose those tools and how they operate to defense attorneys who are representing these suspects.
The judge gave the FBI a choice: either (1) disclose the N.I.T. to the defense attorneys (allowing them to investigate how the N.I.T. is used) or (2) keep the N.I.T. secret and lose the evidence collected with it.
Thanks for posting this, Mike. When I came across it last night, and submitted it this morning, I thought it was an interesting twist. The FBI never once stopped to realize how they would compel Apple's software engineers to write the code and what they would do if the engineers refused, which is exactly what looks like will happen.
If the Supreme Court rules against Apple, the FBI wins. BUT, it could prove a hollow victory if Apple's own software engineers revolt and decide to quit Apple and refuse to write the code.
The original New York Times article is a very fascinating read. Try as hard as they like, the FBI is fighting one company but it looks like Apple's own staff are going to quit rather than make the software more insecure.
I must be missing something because government isn't allowed to destroy any documents considering that every memo, document, file, email or whatever is supposed to be saved. It doesn't matter how any laws were written. Now that this is in the open, expect these officials in San Francisco to come under fire for destroying government documents. I respect that the Department of Justice is going to get involved in this one
If the government wants to save face, their best move is to withdraw their court challenge and to drop their request. This has turned into one of the worst screwups in the history of this country, rating just before the McCarthy Hearings and the Watergate scandal.
What shocks me is that the government doesn't label journalists as 'terrorists'. What happens is that when someone doesn't support what they are doing, you are called a troublemaker, a conspiracy nut or something worse. This country hasn't been attacked by terrorists since September 11th, no matter how many times they try to label 'killers' as terrorists.
Don't you just love how the government tries to call anyone a terrorist when they go out and kill people? Last I checked, before September 11th, they were called mass murderers or serial killers. Just another example of the government using "terrorism" as the "all-in-one" boogeyman.
When the government tries to shame or embarrass someone, it almost always backfires. This is no different. But, I love the White House response to this considering how Obama didn't want to push the fight with Apple or consider any law that would punish tech companies.
We live in a world where law enforcement spies on everybody. This is a bad thing because history always proves that when you give government too much power, it always corrupts.
It reminds me of something that John Emerich Edward Dalberg Acton once said, "Absolute power corrupts absolutely". Government simply cannot be trusted with our privacy or our security when it comes to the technology that every American has.
If the FBI succeeds in this, it would open the floodgates of every citizen across the face of this planet to being hacked by every computer hacker across the country.
During the 2008 presidential campaign, we all heard Democrats spouting the fact that Republicans were spouting "doomsday scenarios" to scare the public into accepting changes in the constitution and drafting new laws that erode our constitutional rights.
Now, Democrats are doing the same damn thing, using this generation's "boogeyman 'terrorists' in an effort to force the people to side with them. I said it before that this would blow up in the government's face and before the case has even had a hearing before the U.S. Supreme Court, this is exactly what has happened.
Just wait until the Supreme Court hears the case, and if they decide to find in favor of the FBI, that Pandora's Box is going to blow up in their pretty little faces.
"Test case" my ass. The FBI thought that if they waved the "terrorist" banner in front of everyone's face that everyone would follow in single file that obedient little sheep dogs. In the wake of police officers, the TSA and many other government agencies violating our rights on a daily basis, there was no way that anyone would support the government in this.