Due to not knowing all 23+ million people who live in this country of mine (my memory only has enough for 5million) I will not comment on the stupidity of this idiot who thinks she can order a takedown of something in Australia based on some kind of US out of court settlement that means absolute squat.
Nope not gunna comment on her moronic and fraudulent behaviour (after the official & legal statement from her that she would not pursue the matter) either.
"Update: The legal threats and the DMCA takedown request have been withdrawn. In addition to that the person involved has apologised and as such I've removed the names from this post, because I think that's fair. "
True, though this does not dissuade any criminal investigation being commenced (or maybe already running) into whether or not Voltage Pictures, the German company, Daniel Macek, and/or Australian investigators wconsulting for the above have breached Australian Telecommunications or other numerous laws.
Though if any criminal investigation concludes that so called evidence was obtained criminally then that evidence's reliability is brought into question and is extremely tainted. It doesn't mean the evidence cannot be used, it just means that that evidence is going to need a lot more supporting evidence to back it up
My experience of the FCA Judges leads me to believe they would very much throw the book at them if they were as idiotic as going against any part of the courts orders. This case has been ALL over our media and has caused a lot of interest to be back into the stupidity that is copyright in Australia.
It's quite telling when even law professors are now getting on main news channels and stating that even if the letters were approved by the court Australians should basically ignore them anyway since there is NO criminality involved here.
I for one have had numerous clients question me personally now on the implications of this case.
Voltage Pictures whole case would be destroyed if they even had one letter go out before a court approves it, and then they have the problem that they can not send further letters either due to our very onerous privacy restrictions here and lets not forget its a loser pat system here in Aust for civil cases. the MPAA found that out the hard way with iiNet :)
TPG (which is Total Peripherals Group - interestingly I used to sell peripherals to them wholesale when they were two guys in a small shop in Sydney in 90's) are not buying or even considering buying iiNet anymore.
If they send ANY letters out before the court approves them they Voltage Pictures would be in direct violation of the orders and iiNet and the other ISP's involved would initiate contemptuous proceedings. Also the individuals that had been sent the letters could initiate action against the senders and also be exempted fully from any future actions against them.
It's a lose-lose for Voltage to not abide by the court here, oh and the monetary fines are immense for an organisation (they could even be brought up on criminal charges - though that would be highly unusual)
Australia does NOT have plea deals like the US does. In actuality dropping initial charges means a whole new set of investigations needs to be done and this is NOT conducive to a great reception by any magistrate nor judge in either federal or State courts.
In fact the more I and other see and hear about this case the more calls for prosecutorial misconduct, malicious prosecution and nonfeascance charges against the AFP seem more and more likely.
Oh and Courts here take a very dim view of extending charges over this period of time. The Govt knows exactly what they are doing but they also know they will have to pay the piper eventually. What th9is is is pure and simple intimidation and trying to make Bennett cave in both mentally and financially.
The problem now is it's gotten to the stage that the Government cannot control it and people are starting to help Bennett and not in ways the government here likes. Oh and I wont go into their lack of evidence, that is for another post entirely.
A foreign state which attacks Japan, attacks United States interests. The United States holds a nuclear umbrella.
What a load of utter unadulterated Bullshit!
In that case the USA should be going after the Australian people because we attacked Japan in the World court for it's Whaling practices.
You sir instead are an idiot and have no clue about anything. The US govt is stating that this is an attack on the USA for one and only one reason. It is in their current interest to make people fearful and serves THEIR and definitely no one elses agenda!
Re: Re: Re: Re: Re: Re: Nit: The filenames contained the word "password"
I'll go one better.. this company figured out they needed one password but instead of keeping it they would change it every month and rotate it for the year (then revert back at beginning of year) so for january they had the password with a 01 on the end.. February had 02, March had 03.
Bet ya cant guess what December (the 12th month - HINT for the dummies) had on end of it.. go on.. go on.. guess!
Then they went back to 01, 02, etc in new year.
Oh the joys of not going insane when explaining BASIC FREAKIN SECURITY!
Re: Re: Re: Re: Nit: The filenames contained the word "password"
and I can second it all.. I do Digital Forensics and part of that when not in the criminality side is consulting to companies (some multinationals) on civil actions and also for preventative training where I have discovered (as has the whole industry) that what Sony did is sadly not unique but instead the norm and is an embedded hard to get rid of practice of most blinkered executives.
Not only no reliance on the promise there was also no equitable consideration for either sides. In fact dependent on the communication that was entered into there was most likely no arbitration equity at all and more likely instead duress by Orbitz and United towards the respondent.
PE does not come into this at all though a lot of butthurt and convoluted readings of what the want the law to be because of weird ideas of "we deserve money" and other petulant attitudes on the side of Orbitz/United
Re: Re: Re: Re: Re: Re: Which branch of the government?
Yes but what is talked about inside the jury room is sacrosanct and whether the judge offers two or more specific options only is irrelevant if the Jury as a whole decides not to go with them.
That's why nullification is something that is verboten to bring up by any attorneys/solicitors and is contemptuous (or made out to be) if it is.
As for lying if they ask you if you know about nullification.. Yes its quite ok to lie in that regard since nullification has no relevance in voir dire and again since it is a legal ability you cannot be found contemptuous for lying about whether you know it or not.
Whether nullification is correct or not in every situation, or whether the jury should consider it except in very exigent circumstances is another discussion altogether though.
It's absolute fraud especially if used as a reference structure in any other legal ducuments asking for discoveries etc in other court cases Especially in countries within EU, Aust, NZ, etc..
My spidey sense is tingling and next week I might go searching Lexis for anything that could cause the Solicitors/attorneys major probs in the above jurisdictions (especially Australia). And yes its a form of fraud
Even knowing it was early access, still being tweaked and fixed... many of the bugs/glitches have killed my desire to play the game. Firing up a game and spending over 4 hours patching and only getting half way... kills the soul. No documentation of features... kills the soul. Logging in and nothing working like it should, trapping you in a tutorial that you have to complete to advance... kills the soul.
Easy solution.... Stop playing EA or Ubisoft games! - They 'kill the soul' :)