Carl Hungus’s Techdirt Profile


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  • Jun 17th, 2010 @ 4:53am

    Re: the destruction of he constitution

    Founding father? I'm not sure who he was, but I doubt he had anything to do with copyright law.

    IP law was designed by lawyers for exactly the purpose by which it is being abused. Seems these guys were smarter than I gave them credit for.

  • Jun 17th, 2010 @ 4:47am

    Re: @ Fusha

    "And you would be also upset to know, that the only difference between civil action and criminal action is one is action taken by the state, (police, governments etc) and civil action is done by "the people". "

    Gee, I'm not a lawyer, but you have no understanding of the difference. What about:
    A) One returns verdicts (guilty/NG); the other returns civil judgements for liability (go ahead: tell me the difference is trivial)
    B) One sends you to prison/jail or gives you fines; the other, again, results in judgements that may not carry any financial burden
    C) Completely different rules of procedure
    D) Completely different evidentiary standards (reasonable doubt vs preponderance of the evidence)
    E) One operates under your constitutional protection under the full Bill of Rights; the other doesn't (go ahead: try to tell me the 4th/5th Amendments mean shit when you're in civil court)
    F) One gets you a lawyer if you can't afford one; the other doesn't (oh yeah, just anybody can cough up $10,000 to defend themselves from this bullshit)
    G) One allows greedy lawyers to file mass lawsuits, bypassing legislative intention, in order to generate a revenue stream
    H) One is a crime; the other is not (go ahead: tell me the difference is trivial)

    Moral compass? You're right, it's perfectly right and just that we should bankrupt 19 year-olds to the tune of $150,000 for sharing a $0.99 song simply because, well, it's the LAW. I think your moral compass was left on the short bus. You're a fucking idiot.

  • Jun 17th, 2010 @ 2:35am

    Re: Unclear Legal Battle

    Encryption may not protect you. See United States v. Boucher.

    Granted, Boucher was a moron, but it's not a far stretch to imagine the court granting a motion to compel you to enter your passphrase if the border guards have even a vague guess that your encrypted drive contains anything illegal.