Violated 's Techdirt Comments

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  • On the post: Appeal Over Former RIAA Lobbyist Judge Allowing Prenda To Get Info On Over 1,000 John Does Moves Forward

    Violated ( profile ), 16 May, 2013 @ 10:46am

    Re:

    I think we should keep an eye on Judge Beryl Howell and if she continues to preform poorly to appeal to Congress to have her position revoked pointing out every flawed ruling.

    Still there may be a nice place for her outside IP law when she has made some good calls like on minimum wage rights.

  • On the post: How GEMA Is (Still) The Worst 'Collective Rights' Organization In The World

    Violated ( profile ), 16 May, 2013 @ 10:23am

    Re: Not only GEMA

    There is already a world for Indie musicians but the problem is the old industry are still the gatekeepers. Lets see them try to appear on the TV or Radio even if they were very popular.

    Sure they can have their music play in nightclubs etc but again GEMA is the only authorised collection agency.

    Monopolies are very bad for the music industry where the problem is musicians can only gain extra opportunities through signing away their rights.

    There are then many tales of woe as the industry rapes and trashes the musicians. Like one case I heard of where the record label closed down invalidating all contracts while the music copyrights were then sold on to a new label who could then sell the music while paying the musicians zero.

    The industry is corrupt to the core where the only logical step is the trash the whole system and then to start afresh for a new digital age based on musician rights and fairness.

  • On the post: How GEMA Is (Still) The Worst 'Collective Rights' Organization In The World

    Violated ( profile ), 16 May, 2013 @ 10:08am

    Re:

    The industry did come close to collapse but thankfully GEMA rolled back their new charges.

  • On the post: Footage Of Lethal Beating Deleted From Seized Phone; Sheriff Asks FBI To Take Over Investigation

    Violated ( profile ), 16 May, 2013 @ 04:19pm

    Shame

    Now that was a good choice move by Sheriff Youngblood when clearly there is an on-going cover up in the department. We can hope the FBI can recover these video recordings when once deleted they may still be available if not overwrote.

    This is indeed a disgusting case so these Police Officers hanged around and totally abuse a Court seizure order so that they could delete the evidence against them.

    I should point out the obvious when if the FBI investigation shows video deletion while in Police control then the Police Officers involved should be immediately fired. There should never be any excuse for deleting evidence.

    I don't know about you but had it been my phone that captured this then I would say "sure you can have the phone but let me back-up the data first". Should they refuse I would soon have a lawyer make an emergency Court appeal to not place the evidence into hands of the perpetrators. Revoke the seizure order and to hand the phone to the Judge directly under assurance of evidence safety. Always in legal hard ball you need to fight strongly and not just sit there and take what they give you.

    Well this is a truly disgusting case where having both videos deleted clearly shows tampering. We can only hope these videos are recovered so that we can all see what really happened. From what the witnesses have said though this is little more than Police Officers committing murder.

  • On the post: Appeal Over Former RIAA Lobbyist Judge Allowing Prenda To Get Info On Over 1,000 John Does Moves Forward

    Violated ( profile ), 16 May, 2013 @ 10:40am

    Slaughter

    This appeal will be make the most easy appeal win in the entire history of appeal wins.

    AF Holdings have already been implication in fraud against the Court and now subject to RICO and IRS investigations. No Court will now desire to assist them in possible criminal acts.

    We know Judge Beryl Howell was put in place to progress this War on Infringement. Since she is not good in following the law then other Judges have an easy time ruling against her.

    So here are all the rest rushing in to dine on the remains of AF Holding where it is a very easy kill.

  • On the post: How GEMA Is (Still) The Worst 'Collective Rights' Organization In The World

    Violated ( profile ), 16 May, 2013 @ 10:05am

    Da Shit

    GEMA is really the worst collection agency ever.

    Mostly all websites like YouTube refuse to work with GEMA when they are too unreasonable and their fees too extreme. As a result GEMA is making a large loss from the Web when local citizens just by-pass these German limits.

    So there is GEMA wanting to rebalance this loss through raping music venues and nightclubs in extreme new changes where it is little surprise that this market freaked out.

    Naturally everyone hates GEMA when by not cutting fair deals the public can't see the music videos they want to see and the musicians are not being paid.

    I also can't see how any musician could welcome a 10% income drop just to give it to more popular musicians. I can't even think of an industry that works the same way when that is like "Fred you did a good job building this hotel and here is your wages but we cut out 10% to give to this famous bridge builder instead!"

    Well in conclusion people can sit in the toilet and squeeze out a better smelling collection agency than what GEMA is.

  • On the post: Eric Holder Claims Terrorists Are Involved In 'IP Theft'

    Violated ( profile ), 16 May, 2013 @ 09:23am

    Reality

    Politicians are common liars where I am sure they would also claim to 4-year old terrorists in kindergarden had this made some point to support their cause.

    There is no organized criminal gangs in the file sharing community where there is no profit to be made. If anything free media has gone a long way to wipe out counterfeiting when people wont buy second rate crap if they can get it themselves.

    I have been a part of file sharing in past years and these are simply home users enjoying media. One day they get asked to help out with some distribution job. Should they be successful then sure they can be sucked up deeper into the community. Then if you look at the core then simply no one can be there who does not work hard for little more than free credits and respect.

    I did think the MAFIAA realises this fact when no one beyond AFACT goes and calls infringers as "terrorists". Unfortunately they are more likely to get infringement listed under the counterfeiting label.

    Anyway guess who has a political agenda and will make up rubbish to drive that home.

  • On the post: UK Recording Industry Looks To Censor More Sites With No Trial Or Conviction

    Violated ( profile ), 16 May, 2013 @ 08:51am

    Denied seeing

    It gets worse when you realise that the last Judge who ordered KAT, Fenopy and H33t to be blocked directly said that rights holders do not need to comply with the DMCA & EUCD when take-down notices are simply too much hassle.

    The law can be ignored if it is too much hassle? So one commercial business can censor away rivals? Where those rivals have never been convicted of any wrongdoing?

    Welcome to the UK where such censorship is quite normal. I can only hope this time a strong defence can be made headed by Grooveshark and backed up by ISPs and more. The latest OFCOM report gives them some good ammo this time.

  • On the post: Hollywood Suffering? Why Are Their Execs Making More Than Pretty Much Everyone Else?

    Violated ( profile ), 15 May, 2013 @ 01:40pm

    Waste

    Yet more hypocrisy by the copyright cartels having the highest paid executives around. Had the industry really been going through a hard time then leadership begins with a personal salary cut to say "hey workers, hard time, but we are all in this together".

    The USA is a strange place when they treat their movie stars like us British treat our Royalty. Acting in the UK is largely different when it is just a job commanding a fair wage and where indeed many can boost their income by adding pantomime and such.

    Well fame is a disease and much of the movie and music world is all about making stars. Sure pay them a fortune not because they are worth the wage but because fame and fortune gets the young and foolish dreaming to follow in their footsteps. They even tap the wages of the more minor workers just to make their one true glamorous star even richer.

    With monopolies raping the market at extreme prices then sure a lot of money goes around. I have always believe there must be huge wastage in the industry where movie budget growths seem to confirm this.

  • On the post: Once Again Top Downloaders Are Top Spenders, According To UK Gov't Study

    Violated ( profile ), 14 May, 2013 @ 09:52am

    Re: re-read the report

    You are making the false assumption that all big media spenders are pirates which is totally false.

    People who do not infringe have their high and low spenders also where the general average works out at ?54 over six months.

    Again casual infringers have high and low spenders with the average of ?105 over six months a 94.4% sales boost.

    Then heavy infringers have both high spenders and total freeloaders as the report makes clear where there average is ?168 over six months a 211% sales boost.

    Trying to make out that all media lovers become pirates is stupid when it is just that pirates with a far larger media exposure get far more engaged instead of going out and playing sports or socializing or such.

  • On the post: Once Again Top Downloaders Are Top Spenders, According To UK Gov't Study

    Violated ( profile ), 14 May, 2013 @ 09:28am

    Re:

    The MAFIAA shills come out to play with their constant flawed logic.

    Shoplifting causes actual financial loss due to physical goods theft. Also shoplifters simply won't be their biggest customers and no report would say such.

    Infringers only copy so nothing is lost beyond a potential sale but look-see here a detailed report that proves that this free viewing causes a 200% sales boost. The potential sale becomes an actual sale but one more informed and selective about what they like.

    Your move MAFIAA. Are you still going to attack file sharing proving to all you care only about control while risking a 200% sales drop from this group worth millions? Or are you going to work with us to give the public what they really want... a free trading consumer market. Would not your sales then increase?

  • On the post: Monsanto Wins Case Of Seed Patents; Planting Your Own Legally Purchased & Grown Seeds Can Be Infringing

    Violated ( profile ), 13 May, 2013 @ 02:17pm

    Monsanto should never have been granted a patent on a "food" product in the first where here they are trying to patch nature. Sure they made a nice product but this is nothing special in the modern world meaning that brand name sales would have been enough.

    Thankfully other countries are not as stupid as the United States who by allowing food and software patents have just turned the whole system into a ghastly joke.

  • On the post: House Judiciary Committee Sets Up First Hearing On Copyright Reform

    Violated ( profile ), 09 May, 2013 @ 12:15am

    Re:

    It is clear from your posting your intentions.

    "all possibilities" As in not the one they want to present?
    "scrapped" Because you don't like their opinion?
    "their job"? They already have jobs that do not change if they win or lose where they are not even asking for Government funding.
    "not necessary"? The public is no longer blind and millions of them are angry. These people are here to explain why they are angry so why not just listen?

    I would hope the most logical arguments would win but does not the copyright power elite hold large lobbying funds to stop them through lawful corruption?

    Still the Copyright Cartels may want to take a back seat on this one knowing their extremist view has been pushing too hard and where a little rebalance will make everyone involved happier. I am doubtful they will call off the MAFIAA but they may want to save their funds to the bigger fights.

  • On the post: Why Prenda Has Been Able To Proceed For Years: The Whole Setup Was Too Brazen

    Violated ( profile ), 08 May, 2013 @ 11:04pm

    Re: System Check, If....then

    It would be good to do something nice for Federal Judge Otis Wright where he has done a good job in this case and he can always choose himself what he wants made.

    He of course got involved when this Alan Cooper signature fraud started to become clear. He wanted to see how deep that rabbit hole went where he did uncover a lot of what went on and who played what role. Setting RICO and IRS investigations on them is going to put Prenda and their shell companies under the microscope for years ahead which could well end in criminal charges and punishment.

    Judge Wright does seem an Internet friendly Judge who is knowledgeable on the social matters at hand where even his recent rulings can be used against the US 6-strikes scheme.

    The law view in recent years has been skewed by pro-copyright propaganda so we should certainly welcome and promote a Judge who stands up and says this is what the law actually says and his conclusions were very damning so far as to put BT sharing as a system that cannot be litigated in Court except in the case of very high data that is quite unlikely.

    Just think what would happen if a 6-strikes appeal was taken to Court in L.A and Judge Wright got to handle that case when could not the whole scheme face destruction? So we should make Judge Wright happy where the EFF should guide such an appeal to his door.

    This is the Copyright War and that is a battle we should fight to the benefit of millions.

  • On the post: House Judiciary Committee Sets Up First Hearing On Copyright Reform

    Violated ( profile ), 08 May, 2013 @ 11:45pm

    Slappy Happy

    As I have been involved in the fight against zealous monopoly market control via exclusive copyright since 1997 then I am ecstatic to read such news.

    Back over a decade ago even seeing lawmakers and politicians undertake such a discussion was only an impossible pipe dream that no one could imagine. We could only help people to achieve their fair use entertainment desires while being very critical of the market structure that existed.

    That was the seed from an even older seed that helped to shape the situation that we have now in terms file-sharing, news, political action and even religion. The countless thousands of people who work daily should be proud of themselves for simply helping others.

    As I can see the big picture then now is not the time to see huge changes in copyright law when odds are that political lobbying will stamp out our desires. Now is only the time to take this amazing step to have politicians listen to our rational greed-free demands. The change has begun and some will indeed listen and understand when we have no desire to harm content creation only to... free the market.

    Look at what we have achieved so far when hundreds of millions of people knowingly defy unjust laws. We in our anger have killed SOPA and PIPA while putting ACTA in a coma. Around 13 million people stopped SOPA as much of the Internet blacked out. Then 200,000 people did indeed march against ACTA in Europe. Wow those furious people left their keyboards behind to take down that near unstoppable trade agreement that the Commission tried to sneak into Europe as a 'fish'.

    As I said I am ecstatic when I can see that wherever work is needed that people do step up and take their place. We need to change the World and I won't lie to you when this is a massive change still falling close to impossible but we can change the world and all we need to do is to take our place and to be there at the right time.

    Be happy, new ground has been broken, where the MAFIAA are running scared. Keep pushing, let them run.

  • On the post: Kim Dotcom Files Brief In His Trial In The Court Of Public Opinion

    Violated ( profile ), 08 May, 2013 @ 07:30am

    Re: Re:

    Also no MegaUpload staff has the required skills to preform a detailed media check to confirm the copyright status of a suspect file.

    Had he said "look there is an infringing file here" then someone else would soon ask "Where is your proof that this file is infringing? Maybe the rights holder themselves personally uploaded it where it would cause criminal damage and customer interference to delete it falsely".

    Since there is no evidence here, where the law does not require a confirmation check, then the file would remain until the rights holder confirm it is an infringing file through a DMCA take-down request.

  • On the post: Kim Dotcom Files Brief In His Trial In The Court Of Public Opinion

    Violated ( profile ), 08 May, 2013 @ 07:18am

    Re: Re: Re:

    You do make a valid point when companies cannot assist people with committing a crime. However, MegaUpload is protected by DMCA safe-harbour, where until such a time it has been proved by a Court Judge that they have committed offences warranting safe-harbour removal, then Mega has no crime to answer to when there is simply no infringement done by MegaUpload.

    To try and work this any other way is to try to both ignore and violate DMCA law.

  • On the post: Kim Dotcom Files Brief In His Trial In The Court Of Public Opinion

    Violated ( profile ), 08 May, 2013 @ 07:02am

    Joe Biden & Chris Dodd

    "I'm sure there was influence and pressure that went into this, but painting it as a case where Chris Dodd called up Joe Biden and said, 'Destroy Megaupload' is probably a massive exaggeration"

    I would more term that somewhere between 100% valid and a little exaggeration.

    Let us remember that Joe Biden is a huge sucker for the anti-piracy propaganda where very early in the Presidency he had a big meeting with the MPAA (no doubt about lobbying funds) where right after that Joe Biden stated to the press...

    "But piracy is theft. Clean and simple. It's smash and grab. It ain't no different than smashing a window at Tiffany's and grabbing [merchandise]."

    As I am a supporter of the so called "piracy" culture then it is damned depressing to hear the back-up leader of the United States make a total logics failure and to not even understand the law at hand.

    The US Administration by obvious political mandate then joined in to the Copyright War with the DHS's ICE programme which we know as "Operation in our Sites".

    So at last we come to the MegaUpload case when obviously the MPAA had a big problem here for two reasons. First is that MegaUpload was very popular with the pirates where we really need no other reason for the MPAA to go nuclear. Second is that on this service the pirates were winning. Sure Mega complied with DMCA take-down requests into tens if not hundreds of thousands but the pirates could upload a new copy and distribute the link in mere seconds.

    Clearly a major thorn to the MPAA but then we add on SOPA and PIPA which was aimed to target such foreign services. I can say until the Internet freaked out that the MPAA who lobbied SOPA hard was expecting an easy pass and why they put it on the quick route.

    One thing I damned well know about a new law coming into affect is that the Copyright Cartels will always use this time to bully and harass the market. Do you not think they would not single out a key example to scare everyone... like... MegaUpload?

    Naturally SOPA was a big deal and Chris Dodd could easily contract VP Joe Biden to say "lets hammer down this theft of millions of our media starting with criminal MegaUpload?" Joe Biden has no reason not to say "ok, lets do that". Out there somewhere is that truth but the odds of us getting Dodd or Biden on the stand under oath is remote.

    We do at least know one other fact about VP Biden when he did indeed authorise an attack on the file sharing market to cut of site's advertising and payment services. It is sad to say that we have seen the affects of that one often.

    This is the War on Infringement. The US Administration headed by VP Joe Biden got involved. Mega was destroyed by political mandate. All this ignores the actual law, but law is not their point, only bullying through law abuse.

    Mega's lawyers now highlight those facts for all to see.

  • On the post: MA Teen Arrested And Held Without Bail For Posting Supposed 'Terrorist Threat' On Facebook

    Violated ( profile ), 03 May, 2013 @ 02:15pm

    Teens...

    Wow I have never seen someone use their facebook page as their own personal FAP site before but that is teenagers for you.

    After reading what he wrote then I am not surprised that people wanted to talk to him even if just to point out he can only say "fuck the Government" so many times and in so many ways before the Feds start knocking on your door.

    I can't blame them for arresting him when after the Boston Bombings they will be extremely keen to avoid any copy cat events where they will certainly strike against any perceived threats.

    With that said then after a virtual slapping to scare him then they should let this mostly harmless teenager go under some strict warnings.

    My greatest concern in all this is that they will overreact where I am sure in holding him under terrorist laws he has been denied access to a lawyer who would simply tell him to shut his teen mouth and to take the fifth. As a result they may want to provoke him into saying things no wiser person would like "he will kill them all" and "he fucked their mothers"

    So while his initial FB rant provided no specific threats towards anyone they may use these days to guide him into damning himself. I can only then hope the Judge recognizes his big bad teen mouth and complete lack of offence weapons.

  • On the post: Judge Says Giving Up Your Password May Be A 5th Amendment Violation

    Violated ( profile ), 27 Apr, 2013 @ 07:52am

    Re: Re: UK

    I have been checking and the UK has law against self-incrimination under the "right to remain silent" which means you can refuse to answer questions posed by the Police or in Court.

    Be aware though that refusing to answer the Police and instead only revealing your defence in Court can be used against you if the Jury conclude that you used this delay to fabricate a story.

    In this regrade the best thing to tell the Police is that on "legal advise" you refuse to answer any questions. If you wish to be more forthcoming then it is best to have the Police submit questions in written form where these questions and your reply can be parsed through your lawyer. Just keep in mind that answering some questions and not others can be used against you as if you did have something to hide. So in general a blank refusal to answer questions is best and I could name 10 good reasons to validate this concept.

    This has been limited under law in some examples such as if you are arrested under Terrorism laws.

    Keep in mind that the Police can lie including trying to trick you out of your rights.

    The EU's Human Rights Act does not mention self-incrimination directly but separately the EU Court has found "the right to remain silent under police questioning and the privilege against self-incrimination are generally recognised international standards which lie at the heart of the notion of a fair procedure under Article 6"

    None of this addresses the fact that a UK law exists that directly says that if you refuse to hand over your passwords to the Police then they can stick you into prison for up to 5 years. Can this really violate the other?

    The Government grew tired of encryption hindering Police investigations where they made this law thinking that the only people who would want to face a default prison term would be dangerous terrorists and pedophiles.

    I will have to dig out that exact law but I am thinking though that this law is a "lie" that simply cannot he upheld when faced with international standards against self-incrimination. They are trying to compel you to talk and that is unlawful.

    This I believe is why as far as I am aware no one has ever gone to prison for this. The Police would much prefer to fool people into submission with their scare law than to have it challenged in Court and struck down.

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