PRK 's Techdirt Comments

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  • On the post: Oops: Brett Gibbs Releases Spreadsheet Showing 70% Of Prenda Proceeds Went To Steele & Hansmeier

    PRK ( profile ), 18 Oct, 2013 @ 03:43am

    Wasting Taxpayer dollars - Dropbox and the NSA

    Here we go again wasting valuable government resources and taxpayer money already spent. Has anyone even bothered to ask the NSA for a copy of ALL the files they shared via DropBox?

  • On the post: 'Restore The 4th' Anti-NSA Activists 'Adopt' The Highway Right Outside NSA's New Utah Datacenter

    PRK ( profile ), 11 Oct, 2013 @ 02:10am

    NSA LITTER

    Who knows what type of "litter" they might come across. One must not assume that NSA employees are any more careful with physical files as they have apparently been with the electronic variety...

  • On the post: Team Prenda Tries To Flip The Story Of John Steele's Mother-in-Law To Make Alan Cooper Look Bad

    PRK ( profile ), 08 Oct, 2013 @ 02:15am

    Bets on Signature authenticity?

    Anyone taking bets that Eckenrode did not sign the declaration?

  • On the post: Prenda Soap Opera: Steele Contradicts His Own Previous Claims, Lutz Disappears Again… And The Mother-in-Law Surprise

    PRK ( profile ), 02 Oct, 2013 @ 03:00am

    Perfect Defense

    Why has Lutz not appeared.

    A few ques from the Clinton era. Clinton got himself into trouble for testifying at a deposition (and playing - loosely speaking) with the truth. The then made that direct comment about "that woman".

    What he should have done was refuse any and all attempts to force him to respond at all. He should have not gone to the deposition. What would they have done? Throw the President in jail?

    Here, the conclusion left to the court after one side has not provided competent evidence establishing a fact is to rule that the fact has not been established. Thus, no assignment and judgment for the other side.

    In this case the court itself re-opened the case to investigate the settlement/dismissal. The most the court can do is declare the settlement/dismissal void and enter judgment for the defense (claimed infringers). The court can recommend that other authorities investigate further.

    The court could, though not likely, issue a bench warrant. However, this would take some doing and judges are not all that keen on being advocates/investigators. And, should he appear he can always take the 5th.

    I think this entire issue should be turned over to a DA to investigate a RICO charge. Either that or the NSA might......

  • On the post: NSA Apparently Purchasing Software Exploits From French Security Firm

    PRK ( profile ), 19 Sep, 2013 @ 04:46am

    NSA Exploits Purchases

    I wonder how many of NSA's purchases deal with exploits of NSA's own systems?

  • On the post: Verizon Lobbying Congress Over NSA Data Collection

    PRK ( profile ), 13 Aug, 2013 @ 04:16am

    Lobbying = attempt to get more money

    No corporation lobbies for the protection of the public. If they are lobbying, you can be assured it is an attempt to receive more money in return for their tirelessly helping the NSA improve security.

  • On the post: Michael Morisy's Favorite Techdirt Posts Of The Week

    PRK ( profile ), 21 Jul, 2013 @ 04:01am

    Using Metadata to Find Paul Revere

    http://kieranhealy.org/blog/archives/2013/06/09/using-metadata-to-find-paul-revere/

    A great analysis on the use of metadata to track people. In this case it singles out Paul Revere as a likely suspect based entirely upon the membership data of 254 people during the period preceding the Revolution. Imagine what would have happened.....if.

    The footnote contains an interesting reference to a much more specific analysis performed by an NSA specialist which reaches the same conclusion and provides even more information based upon the same metadata consisting of only memberships.

  • On the post: Prenda Fails To Pay Filing Fee For Appeal, Now Owes $9,425 In Legal Fees

    PRK ( profile ), 16 Jul, 2013 @ 12:30pm

    Debtors Exams

    This is a GREAT THING. Once a judgment has become final, the plaintiff is entitled to conduct a debtors' examination. This is done under oath at a location determined by the plaintiff's counsel. It is usually performed at the courthouse so that a quick ruling on contempt or ordering production can be obtained. Most notably, during the examination there are almost no privileges capable of assertion. The examination can be conducted in any area so long as it is at all relevant to identifying assets or other property usable to satisfy the judgment. The costs of the examination are an enforcement cost which can be added to the judgment. This would serve to block delaying attempts and stalling.

    A notice of examination can also be directed at any person or entity who is reasonably believed to hold assets of the debtor or know of the location of same. In the right hands, this would serve as a very valuable discovery tool to investigate what is actually occurring.

    Most examinations are conducted without a stenographer but there is no reason to prevent one from being used. I would hope that the plaintiffs fighting Team Prenda would band together to fund this.

  • On the post: Snowden's Constitution vs Obama's Constitution

    PRK ( profile ), 04 Jul, 2013 @ 03:59am

    Obama in Africa

    How does Obama's persecution of Snowden match with his comments about Mandela when visiting Mandela's cell in So. Africa?

  • On the post: Intellectual Ventures Says Patent Trolling, Shaking Down Actual Innovators Is The American Way

    PRK ( profile ), 04 Jul, 2013 @ 03:43am

    The problem with Statistics

    If you need statistics to prove anything - chances are it was not true to begin with.........

  • On the post: Why Did Congress Abdicate Its Power To Make Copyright Policy?

    PRK ( profile ), 07 Jun, 2013 @ 03:55am

    the power of a treaty

    Mike, you need to focus on the difference between a treaty and a trade agreement. If the TA is not a treaty then it is merely a contract - nothing more. If it is a treaty, however, that is substantially different. Treaties become the supreme law and when Congress ratifies them they are abdicating their power. That is why it takes a super majority to do so. So, TA's are not an abdication. Treaties are. Thus, a TA does not preclude Congress from acting any way it desires -subject only to Constitutional limitations.

  • On the post: Art And Copyright In The Age Of Compulsive Looking

    PRK ( profile ), 03 Jun, 2013 @ 04:30am

    Photos and the Copyright Maximalist

    I had an interesting day the other day. I was in St. Andrews (the golf heaven). I was buying some jackets for a group of friends who were then in Barcelona. So, using WhatsApp I was taking pictures and asking the group what they wanted me to buy for them.

    I was approached by the sales person who informed me in no uncertain terms that I was not allowed to take photos of the clothing. When I asked why, I was told ?oh you know, copyright.? She actually stated it as if that were an obvious and acceptable response.

    I asked her whether I could buy things and then take pictures of them. Her response was ?I don?t think that is permitted either, I am sorry?. I then tried to explain what I was doing and showed her the sms thread with photos and responses from my 5 friends. She went to get her manager. I was then told that I absolutely could not take photos of clothing. When I asked why not I was informed that the ?club? held the copyright on the clothing and I was prohibited from taking photos because it would infringe their copyrights.

    I again explained the reason. She was not impressed.

    I then asked if they had an online store. The manager eagerly said ?of course? and gave me the website. I popped the address into my phone and lo-and-behold there were photos of all of the clothing. I sent the link to my friends and had the choose.

    When I pointed out the obvious to the manager (that they had already published photos of everything), she simply did not seem to get it.

    The point here is not whether or not stores can control the behavior of those who enter their store. Rather, it is an example of just how far the ?proprietary? influence of IP has run. It is now in the hands of ?enforcers? who have no idea what they are enforcing or how to do so. It is all well and good for us to have intellectual discussions about the fine points of copyright etc. However, for me, this experience taught me that the death knell of copyright will result because its most fundamental concepts are not capable of being understood by the masses. The more often situations such as this arise, the weaker IP rights will be.

  • On the post: Funniest/Most Insightful Comments Of The Week At Techdirt

    PRK ( profile ), 03 Jun, 2013 @ 04:01am

    Prenda - who is the client

    With all of the difficulty in finding out who the "client" is, I was just struck by Mike's reference to the following:

    "Damn that pesky ethical duty to advise your client of significant developments ..."

    The professional conduct laws governing attorneys (each state has them) requires attorneys to advise both their client and the relevant state bar of any sanctions order.

    Discovery question No 1. Who did Prenda advise as concerns the sanctions orders?

    10:1 Steele had a conversation with himself in the closet.

  • On the post: Anti-Piracy Group Already Demanding That Kim Dotcom's New Mega Service Be Shut Down

    PRK ( profile ), 25 Jan, 2013 @ 04:39am

    Re: Too Much to Ask

    @AC, You are not thinking clearly.

    Influencing another to cease a pre-existing business relationship is itself prohibited in many jurisdictions. It is called "Interference with Contract". In this case if this RUBE is stupid enough to actually contact payment providers, he should see himself on the receiving end of a lawsuit - and the sooner the better IMO. He is nothing but a modern day vigilante.

    And, while it is true that a company may choose with whom it does business, this is only generally the case. Case in point, the refusal to do business with people of color is improper regardless of the reason.

  • On the post: Infographic: People Will Pay To Support Creators, Even When Free Is An Option

    PRK ( profile ), 13 Dec, 2012 @ 02:57am

    How much total was received?

    Mike, Can you please update the graph to show how much in total was received by all? This would be a very important aspect to the data. While I would hope it to show that the authors made a good or reasonable profit, the numbers will be what they will be and should still be disclosed. Otherwise, it is only percentages with little real meaning (at least for me).

  • On the post: Copyright Troll Prenda Law Dances Around The Simple Question: Which Alan Cooper Runs AF Holdings?

    PRK ( profile ), 13 Dec, 2012 @ 02:57am

    Mike - please pick up the phone and call them.

    Mike, I love this blog and generally enjoy reading it. Please remember that you are part of the new "press". I strongly encourage you to dig deeper yourself. Call the companies involved, disclose who you are and why you are calling and ask the questions directly. You can be "on the record" and you can even ask for permission to record the conversation and provide the copy to them.

    It would be an interesting conversation and good reporting. Now, I am off to buy more popcorn so I can sit back and enjoy the show.

  • On the post: Disruptive Innovation: Bad For Some Old Businesses, Good For Everyone Else

    PRK ( profile ), 13 Dec, 2012 @ 02:50am

    What about Samsung???

    Now watch as all the other "smartphone" manufacturers sue the author for only using an IPhone example !!!!!!!!

  • On the post: Smart TV Exploit Means Hackers Can Watch You Watch TV

    PRK ( profile ), 13 Dec, 2012 @ 02:45am

    Think of the children............

    "think of the children" approach would work wonders here.........

  • On the post: Smart TV Exploit Means Hackers Can Watch You Watch TV

    PRK ( profile ), 13 Dec, 2012 @ 02:44am

    Product Return

    "Chaching" the sound of Samsung refunding all of those willing to simply take back their TV under a warranty claim.

  • On the post: Infographic: People Will Pay To Support Creators, Even When Free Is An Option

    PRK ( profile ), 13 Dec, 2012 @ 02:36am

    How much total was received?

    Mike, Can you please update the graph to show how much in total was received by all? This would be a very important aspect to the data. While I would hope it to show that the authors made a good or reasonable profit, the numbers will be what they will be and should still be disclosed. Otherwise, it is only percentages with little real meaning (at least for me).

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