Is there a law that allows you to serve me with a notice of such? Represented as bonafide legal judgement? No?
As explained above, a DMCA notice is not a "bonafide legal judgement" at all.
It's simply a statement of "good faith belief" that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. An actual "legal judgment" can only come from an actual court of law.
Well, then go pound sand, pirate boy.
Instead of inane attempts to insult people, perhaps your time would be better spent on actually learning about the subject you are attempting (badly) to argue. Here is a place to start:
No, it's not. It's a *notice* that the copyright holder believes that a copyright infringement has occured. Hence the word "Notice" in "DMCA Notice".
2. Unless you want to be sued out of existence, yes, it does.
Which is exactly what I said.
3.Yes, it is exactly that: an appeals process.
The word "appeals" in legal jargon implies that there is some judgement to be reversed. That's not the case with a DMCA counter-notice. A counter-notice is simply a declaration from the accused infringer that they do not believe the original notice has any merit.
You pirates are hysterical about this. I don't understand how you thought you'd get away with breaking the law forever.
Yeah, that's not me. I'm just someone who finds copyright law interesting.
No, it's not. It's an accusation of infringement. Just like a "cease and desist" letter. Only a court of law can determine whether infringement has actually occurred or not.
It has to be honored.
No, it actually does not have to be honored. It *can* be ignored. ISP's could face the possibility of losing their Safe Harbor protection and therefore face huge liabilities if they choose to ignore DMCA notices, but there is no law *requiring* them to honor them.
If you disagree, then use the appeals process.
It's not an "appeals process". It's a counter notice from the alleged infringer. When an ISP receives a counter notice, the ISP has to restore the content within 10 to 14 business days, unless the ISP receives notification from the original DMCA sender that they have filed an action, with the courts, seeking a court order against the alleged infringer.
Just to clarify, I don't necessarily disagree that overall our politicians seem to lack technology skills. Politics seems to attract less technological savoy people more than other sectors. (Those who can't become politicians!). I'm just not convinced it's really an age thing. I've seen plenty of young politicians say stupid things concerning technology too.
If you want to take my personal observations of your behavior on this thread and elsewhere as insults, that's cool. I'm not going to lose any sleep over it.
When someone has called me out and proven me wrong on some incorrect fact I stated here on Techdirt, I, more often than not, accept it graciously. You can look through my history and see that it's true. (hint: I usually preface such admissions with "Fair enough"). Unfortunately, not everyone here can admit when they were wrong, even when presented with clear evidence to the contrary. Even less can do it without having to throw a insult in to make themselves feel better.
You seem to be the one sulking about this, not me. I'm at the point where I am laughing at you.
The larger point that I was making still stands. You have no point at all. And we both know it.
I didn't really care about your overall point. It's so obvious to anyone with more than a sixth grade education that servers rely upon tips for their livelihood. So what?
I took exception to you using incorrect facts to support that position. I corrected you because those facts were incorrect. Get over it.
Considering that what I was referencing every single time was asking you to show me that you have, in fact, "paid money out of your actual tips into taxes, took money out of your bank account to pay those taxes, or dug up a rusty can to pay those taxes" and you have yet to show me that you have, I guess the answer is actually ZERO.
As I explained above, I cannot prove that with my own personal experience, since at the time, I was being declared a dependent on my parents tax returns and my father's accountant prepared my tax returns. I don't have access to that information which was probably thrown out when my father died.
I did however, show that the IRS does require the server to cover any tax liability that withholding doesn't cover. One of the links even advises the server to give the employer extra money (presumably from their tips) throughout the year to avoid paying additional penalties at the end of the year on the tax that is owed.
All you came back with was your own personal certitude that "that never happens in real life" without so much as shred of evidence to back that up.
Stings, doesn't it? Dude.
Nope. Not even a little bit. I simply corrected you on a couple of incorrect facts you used to support your point. Instead of acknowledging you were wrong or even the fact that you might possibly be wrong, you got all butt-hurt, dug in your heels, doubled-down and started tossing insults around like a petulant child. How would that "sting" me?
I do not and will not conform to normal etiquette in human interaction.
Lol. Do you get pissed off at your buddies at the bar when they start talking about something other than what you are talking about? You must be loads of fun to hang out with, I'm sure.
It's not your blog or mine but I like to pretend I'm in charge around here, because I'm a special snowflake.
I'm not the one who bitches about about going off-topic or responding to obvious trolls. You on the other hand...
I'll wander off on tangents...
Yes. I wander off on tangents if I feel like it. So what? So does most normal human conversation.
...and spout a bunch of bullshit that has nothing to do with the matter at hand...
Yet, I provided quotes and links to support my position. What did you provide? Oh yeah, lots of don't confuse me with facts, my mind is already made up in the form of "I already know the answer is ZERO".
...that really have nothing to do with the central issue.
I thought I made this clear to you awhile ago. I do not and will not conform to what you think the rules of this comment section should be. It's not your blog. I'll wander off on tangents and respond to minor incorrect facts in comments as I please.
Also, here a couple of links to servers complaing about having to pay taxes on thier tips at tax refund time:
My company audits each server monthly to make sure we are claiming enough. and out of the 30 + servers in my company I'd say 90 % of us owe taxes at the end of the year....... some over 2000.00 because our hourly wages do not equal enough to pay the taxes on our sales. and to be blunt about it....... NOT ONE OF US recieves an actual paycheck we get a piece of paper that says THIS IS NOT A CHECK! https://answers.yahoo.com/question/index?qid=20070526074701AAYK9d8
I make 2.80/hr at Olive Garden & they claim a certain amount automatically & my paychecks are normally 0$ every week. This year I had $800 federal withholding & still ended up owing this year. Should I be claiming more or less tips so I don't owe at the end of the year? Sorry I just really dont understand how some co-workers are getting money back & i'm owing? https://answers.yahoo.com/question/index?qid=20140119170353AAbqhRY
That's just a couple I found with a quick Google search.