vilain 's Techdirt Comments

Latest Comments (132) comment rss

  • On the post: Viacom Uses Fans As Hostages: Blocks Daily Show, Colbert Streams For Everyone To Spite DirecTV

    vilain ( profile ), 12 Jul, 2012 @ 08:05am

    Why aren't Colbert and John Steward looking to move

    If the distributor isn't doing their job by making their content available, why aren't Colbert and John Stewart's attorneys now screaming at Viacom to get their head outta their collective anni? If that's not part of their contracts, it sure ought to be. "Keep your corporate hands offa my show or you loose the right to distribute it. Where _I_ want it distributed."

  • On the post: Fair Use/Fair Dealing Doesn't Require Payment Or Permission

    vilain ( profile ), 14 Jun, 2012 @ 03:14pm

    Song lyrics

    I recently had a story on a fanfiction site taken down without explanation. I wrote a number of times asking why only to be ignored. Finally, I emailed a copy of the story and they objected to my use of the word "Bitch" in the title and the song lyrics I had in the story. I researched Fair Use and the advise from the US Copyright office said "when in doubt, get permission". If you can't, then don't use it. The use-case for Fair Use would require a judge and jury to decide, according to this site. This from

    http://www.copyright.gov/fls/fl102.html

    So, I trimmed the song down to 4 lines rather than the whole song. The site seemed to accept that. I took out "bitch" in the title.

    So Mike, where did you get your guidelines for Fair Use. When someone won't accept them, do you say "Talk to my lawyer" and leave it at that?

  • On the post: Police Arrest Woman For Filming Them, Take Phone Out Of Her Bra, Claim That It Must Be Kept As 'Evidence'

    vilain ( profile ), 12 Jun, 2012 @ 08:08pm

    growth industry for litegators

    Once the internet uploading phone app appears, which would stream directly to the cloud, confiscating the phone will be the least of the police's problems. A court order to take down the video (as "evidence") would soon follow.

    What I think is needed here is skilled observers. This would make a great 1st year associate's job. Go around filming police, staying out of their way, getting arrested, phone impounded, 'resisting arrest' and 'inciting' while being arrested to compound the arresting officer's offenses, and ultimately fighting the entire thing in court, filing damages against the city, police chief, and officers involved. Cities would settle. Marginal cops would be off the streets guarding the malls of America, and these law firms would make a ton of money.

  • On the post: Park Ranger Tases Guy Walking Dogs Without A Leash

    vilain ( profile ), 10 Feb, 2012 @ 09:46am

    Bust gone bust

    When this all comes to trial if some DA decides to prosecute, I'm sure the ranger will be called to the stand to explain why she tazed the suspect. And to explain why, when asked, "Can I go now?" she said yes.

    If the judge throws this out of court, I would not be surprised.

    If the DA charges this guy and not accept a plea, I would not be surprised.

    If this park ranger continues tasing people with impunity, I would not be surprised.

  • On the post: US Can Extradite UK Student For Copyright Infringement, Despite Site Being Legal In The UK

    vilain ( profile ), 13 Jan, 2012 @ 12:20pm

    what about the reverse

    If the UK will extradite one of their citizens to the US for doing something that's legal in the UK but illegal in the US, then I see the reverse happening. Meeting the grounds for libel and defamation in the UK is a lot easier, so suing a US citizen in a UK court for such might be interesting. Same for other crimes.

    A disaster that caused a gas pipeline to explode killing 8 people in SF has been found to be caused by various illegal and the company diverted funds collected from rate payers to pay themselves. Suppose some QC in the UK decides to prosecute the CEO and Board of the gas company various criminal charges because a UK citizen died in the explosion. Doubt the US courts would extradite these 1%-ers to the UK for trial. So Interpol sends some people to 'extradite them' with extreme prejudice. I can see this as a LAW & ORDER-UK episode in the near future.

    What's sauce for the goose is sauce for the gander.

  • On the post: Who Wants To Own Righthaven.com? Domain Seized, About To Be Auctioned

    vilain ( profile ), 22 Dec, 2011 @ 12:59pm

    import the assets

    I did a little victory dance when an owner of a property that illegally went into foreclosure sued the bank that did the robosigning. He won a judgement against them and made every attempt to contact them for funds. So he showed up at their offices with a moving van, court order, and sheriff's deputies. It took the bank president 5 minutes to make out a cashier's check for the amount of the settlement plus the cost of the van, court costs and the sheriff's time. It made the papers and was on the AP.

    I'd love to see this happen with Righthaven's CEO. The asset of Righthaven hauled away in a van along with their cars and the contents of their house.

  • On the post: First Grader Investigated For Sexual Harassment For Kicking A Bully In His Private Parts

    vilain ( profile ), 07 Dec, 2011 @ 03:53pm

    If the DA files, fire them

    If the DA files on this case, I'd go after them for prosecutorial misconduct. I hope the family court judge sanctions them. And the kid's mom should contact the ACLU. I wonder what strategy they'd use to go after the school district and specifically this clueless administrator.

  • On the post: TSA Agent Threatens Woman With Defamation, Demands $500k For Calling Intrusive Search 'Rape'

    vilain ( profile ), 06 Sep, 2011 @ 11:25pm

    Can't imagine this going to court

    In what court would any jury be impanelled that hasn't been manhandled by TSA? Instant verdict for the defendant.

  • On the post: Woman Kicked Out Of A Restaurant For Complaining About Bartender On Twitter

    vilain ( profile ), 19 Aug, 2011 @ 10:30am

    Social Media does make a difference

    A chain lamp store sold my 85yo mom a lamp that broke 4 months later. When she called them to get a replacement, she was told over the phone that they didn't do repairs and she'd need a reciept to exchange it. She'd thrown that out along with the box it came in so she was out $50. I called to clarify and got the same sales person and talked to the store manager who reiterated the store's policy. I made a point of offering 'service' vs. a product and that I got 'service' from the family owned lamp store down the street who know me and my mom but the manager wouldn't budge. I put all this on Yelp and a corporate communications type from the store's main office sent email to assure me that the incident was being used as a teaching moment for the store's staff even though we'd already purchased a replacement from the local store.

  • On the post: Police Say They Can Detain Photographers If Their Photographs Have 'No Apparent Esthetic Value'

    vilain ( profile ), 16 Aug, 2011 @ 10:08am

    kill two birds with 1 stone

    bring a friend and have him video you taking photographs. When the police question you, have the friend continue to video the incident. With luck, they'll claim you were wiretapping them and you can go after their photographers policy and the "no videotapeing police" craziness. And while you're at it, do an open carry thing with an unloaded gun on your belt wearing an NRA t-shirt.

    Should be a fun speaking engagement.

  • On the post: Koch Brothers Can't Abuse Trademark & Hacking Laws To Sue Satirical Critics

    vilain ( profile ), 11 May, 2011 @ 12:34pm

    I stayed clear of BLUEHOST

    when I found out their business tithes to the Mormon Church. After all the California Pro-Prop 8 stuff the Mormon church was supporting, I didn't want my money going to such a company.

    And told the CEO this when he sent me a 'personal note' to find out why I canceled my account. Never heard back and I am glad I steered clear.

  • On the post: Phone Calls Are So Last Century

    vilain ( profile ), 24 Mar, 2011 @ 09:14am

    Still stuck in the 20th century

    I agree that a phone call is inherently intrusive either at home or on the go. As a rule I don't answer my stupid cell phone unless I recognize the number. Business calls will leave a VM if it's important. Once I stopped hearing a phone ringing as an automatic "Answer me! I'm important", I looked at other means of communication. And I don't feel I'm at the beck and call of a device in my pocket. Don't text or want to pay for it, so that's not an option.

    All of my family still have a phone but only 50% have a computer. So email isn't for everyone, but that's what I tend to use. If I had a smart phone, I suppose Twitter or SMS would replace that, but email however 20th century still is my fallback. If I need immediate communication, a phone call is still the only thing.

  • On the post: Botched TSA Pat Down Leaves Traveler Covered In Urine

    vilain ( profile ), 23 Nov, 2010 @ 10:13am

    This Pistole guy needs to go

    Replace this idiot with someone who's been trained by the Israelis.

  • On the post: TSA Threatens To Sue Guy For Not Agreeing To Having His Groin Touched By TSA Agents

    vilain ( profile ), 15 Nov, 2010 @ 07:47pm

    Re: Deal with it.

    The whole "nothing to hide argument" has been fought back and forth between legal scholars for years. I may truly have nothing to hide but that's none of your beeswax. And making the rational decision to opt-out of being scanned and being patted down should not be required. I think TSA is in for a fun time on Nov 24 when the "OPT OUT" crowd shows up at America's airports essentially shutting them down.

    Personally, I'd be happy to be patted down while wearing my kilt commando. Just so long as the guy doing it is hot. I'll even bring my own lube for a cavity search if it goes that far.

  • On the post: TSA Threatens To Sue Guy For Not Agreeing To Having His Groin Touched By TSA Agents

    vilain ( profile ), 15 Nov, 2010 @ 07:23pm

    Re: Tough Call

    If you have a favorite lube, bring that if this is going to be your strategy. I'm thinking you joke with the screeners, a cavity search is next. Might as well make it fun for everyone. Say you're allergic to the stuff they use and they have to use your mint flavored lube.

  • On the post: Cooks Source Editor Finally Responds… Makes Things Worse [Updated]

    vilain ( profile ), 05 Nov, 2010 @ 11:23am

    Take action

    Has anyone of the people vilifying Ms. Griggs thought to contact the advertisers in COOKS SOURCE and complain that the magazine is plagiarizing content and that they won't stand for it. If enough advertisers complain or stop, maybe the magazine will fire this idiot editor. Or cease publication leaving Griggs without a job.

  • On the post: Warner Bros. Claims That Annoying Customers With 28-Day Rental Delay Is Working

    vilain ( profile ), 06 Oct, 2010 @ 04:06pm

    Re: They need to get over themselves.

    If I haven't seen the movie, chances are I decided "wait until video" when it was in the theaters. I'm most likely not going to buy that movie anyway. That's why it's on my Netflix list. I either see movies in the theaters or via DVD rental.

    If I've already seen the movie, loved it, and want to own it so I can watch it again and again, I'll wait until it's in the stores and not bother renting it. There are very few movies in this category. I don't own many movies for this reason.

    Such release windows don't influence my buying behavior because I don't usually buy DVDs.

  • On the post: Big Brother In Your Garbage Cans

    vilain ( profile ), 08 Sep, 2010 @ 04:51am

    keeping the bums at bay

    My condo association was able to go from 2yd^3 bins for trash to 2 2yd&3, 1 for trash and one for paper. It cost us less per month for the paper+trash so we did it. It requires the residents be mindful and separate their trash from their paper recycling. Every once and a while we get some lazy-ass renter throwing everything in the recycling bin and have to yell at the landlord. I don't see an easy way to enforce the lazy-asshole element to recycle except charging more per-pickup up front (make recycling bins free but don't empty them if there's obviously trash in them and charge slightly more per trash bin 66%).

  • On the post: Is Free Parking Costing Us Billions?

    vilain ( profile ), 17 Aug, 2010 @ 01:23am

    no parking = no business

    Various cash strapped cities in the SF Bay area are considering doing away with the free Sunday parking. I've already paid more in parking tickets than I care to in San Mateo taking my sick mom around. And don't get me started on the City. I haven't been up there in 3 years because parking got so bad. Looks like it's Netflix from now on and to hell with theater.

  • On the post: Teacher Loses Defamation Lawsuit Against Student Journalist

    vilain ( profile ), 13 Aug, 2010 @ 05:53pm

    What about costs?

    I'd have liked to see the judge impose a "with prejudice" clause on this case so that the teacher would have to pay the student's court and attorney costs.

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