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John Lemke

Court: Fining Jammie Thomas $9,250 Per Song Infringed Motivates Creative Activity | Tec... - 0 views

  • This is hardly a surprise, but similar to the Joel Tenenbaum case, Jammie Thomas-Rasset (the other person sued for copyright infringement for using a file sharing system), has lost again. The appeals court (8th Circuit) has ruled that $9,250 per song infringed is perfectly reasonable and that the judge in the case, Michael Davis, erred in calling for a new trial after the initial jury verdict (the first of three). There were a number of procedural issues here, and it's worth pointing out that Thomas-Rasset herself more or less asked the court to bring back this first verdict and focus on the Constitutionality of the damages amount. So, the whole mess with the three separate district court trials sort of gets swept under the rug. However, the court simply isn't buying Thomas-Rasset's claim that the statutory damages are unconstitutionally punitive and a violation of due process. Basically, it says that the fact that statutory damages are completely out of whack with actual damages doesn't matter, because the point of statutory damages is that they're disconnected from actual damages on purpose (because, in theory, they're put in place because actual damages are difficult to assess).
John Lemke

Inside NZ Police Megaupload files: US investigation began in 2010 | Ars Technica - 0 views

  • Further evidence of overeager and illegal police work emerged Thursday in New Zealand as Inspector General of Security and Intelligence Paul Neazor released a report on the illegal bugging of Kim Dotcom and Megaupload programmer Bram van der Kolk. Two GCSB officers were present at a police station nearby Dotcom’s mansion as the raid took place.
  • Police weighed several options for the raid named “Operation Debut,” undertaken at the behest of US authorities, and sought to take Dotcom and associates with the “greatest element of surprise” and to minimise any delays the in executing the search and seizure operation should the German file sharing tycoon’s staff be uncooperative or even resist officers on arrival.
  • The police planners also noted that “Dotcom will use violence against person’s [sic] and that he has several staff members who are willing to use violence at Dotcom’s bidding” after a U.S. cameraman, Jess Bushyhead, reported the Megaupload founder for assaulting him with his stomach after a dispute. Based on Dotcom’s license plates such as MAFIA, POLICE, STONED, GUILTY, and HACKER, police said this indicates the German “likes to think of himself as a gangster” and is “described as arrogant, flamboyant and having disregard for law enforcement.” However, the documents show that Dotcom had only been caught violating the speed limit in New Zealand. The request for assistance from the STG notes that the US investigation against Mega Media Group and Dotcom was started in March 2010 by prosecutors and the FBI. According to the documents, US prosecutors and FBI “discovered that the Mega Media Group had engaged in and facilitated criminal copyright infringement and money laundering on a massive scale around the world.” FBI in turn contacted NZ Police in “early 2011," requesting assistance with the Mega Media Group investigation as Dotcom had moved to New Zealand at the time.
John Lemke

Personal file-sharing is legal in Portugal, prosecutor says | Ars Technica - 0 views

  • Portugese prosecutors have declined to press charges against individuals accused of file sharing
  • “From a legal point of view, while taking into account that users are both uploaders and downloaders in these file-sharing networks, we see this conduct as lawful, even when it’s considered that the users continue to share once the download is finished.” The prosecutor adds that the right to education, culture, and freedom of expression on the Internet should not be restricted in cases where the copyright infringements are clearly non-commercial. In addition, the order notes that an IP-address is not a person.
John Lemke

Comcast Declares War on Tor? - Deep Dot Web - 0 views

  • Comcast agents have contacted customers using Tor and instructed them to stop using the browser or risk termination of service. A Comcast agent named Jeremy allegedly called Tor an “illegal service.” The Comcast agent told its customer that such activity is against usage policies.
  • Users who try to use anonymity, or cover themselves up on the internet, are usually doing things that aren’t so-to-speak legal. We have the right to terminate,   fine, or suspend your account at anytime due to you violating the rules. Do you have any other questions? Thank you for contacting Comcast, have a great day.
  • Comcast previously corroborated with the FBI by providing information on alleged Silk Road mastermind Ross Ulbricht’s internet usage. Ulbricht’s legal defense without a warrant. Ulbricht was most certainly never given a warning by Comcast or given time to contact a lawyer before he was arrested in a San Francisco library last October. Comcast already monitors its customers internet usage to prevent them from downloading pirated media in violation of copyright laws. Under the “Six Strikes” plan, Comcast customers who are caught by Comcast pirating copy-written material are emailed by Comcast and told to cease the activity. Comcast will continue monitoring them, and if they violate the “Six Strikes” plan five more times, their internet service will be terminated.
John Lemke

New Zealand Launched Mass Surveillance Project While Publicly Denying It - The Intercept - 0 views

  • Documents provided by NSA whistleblower Edward Snowden show that the government worked in secret to exploit a new internet surveillance law enacted in the wake of revelations of illegal domestic spying to initiate a new metadata collection program that appeared designed to collect information about the communications of New Zealanders.
  • Those actions are in direct conflict with the assurances given to the public by Prime Minister John Key (pictured above), who said the law was merely designed to fix “an ambiguous legal framework” by expressly allowing the agency to do what it had done for years, that it “isn’t and will never be wholesale spying on New Zealanders,” and the law “isn’t a revolution in the way New Zealand conducts its intelligence operations.”
  • Snowden explained that “at the NSA, I routinely came across the communications of New Zealanders in my work with a mass surveillance tool we share with GCSB, called ‘X KEYSCORE.”" He further detailed that “the GCSB provides mass surveillance data into XKEYSCORE. They also provide access to the communications of millions of New Zealanders to the NSA at facilities such as the GCSB facility in Waihopai, and the Prime Minister is personally aware of this fact.”
  • ...4 more annotations...
  • Top secret documents provided by the whistleblower demonstrate that the GCSB, with ongoing NSA cooperation, implemented Phase I of the mass surveillance program code-named “Speargun” at some point in 2012
  • Over the weekend, in anticipation of this report, Key admitted for the first time that the GCSB did plan a program of mass surveillance aimed at his own citizens, but claimed that he ultimately rejected the program before implementation. Yesterday, after The Intercept sought comment from the NSA, the Prime Minister told reporters in Auckland that this reporting was referring merely to “a proposed widespread cyber protection programme that never got off the ground.” He vowed to declassify documents confirming his decision.
  • That legislation arose after it was revealed in 2012 that the GCSB illegally surveilled the communications of Megaupload founder Kim Dotcom, a legal resident of New Zealand. New Zealand law at the time forbade the GCSB from using its surveillance apparatus against citizens or legal residents. That illegal GCSB surveillance of Dotcom was followed by a massive military-style police raid by New Zealand authorities on his home in connection with Dotcom’s criminal prosecution in the United States for copyright violations. A subsequent government investigation found that the GCSB not only illegally spied on Dotcom but also dozens of other citizens and legal residents. The deputy director of GCSB resigned. The government’s response to these revelations was to refuse to prosecute those who ordered the illegal spying and, instead, to propose a new law that would allow domestic electronic surveillance.
    • John Lemke
       
      The Dotcom raid was ruled illegal.  Yet the Dotcom spying was exactly the type of activity of this plan.
  • n high-level discussions between the Key government and the NSA, the new law was clearly viewed as the crucial means to empower the GCSB to engage in metadata surveillance. On more than one occasion, the NSA noted internally that Project Speargun, in the process of being implemented, could not and would not be completed until the new law was enacted.
John Lemke

Guy Sues Over 'Da Da Da Da Da Da.... CHARGE!' Jingle He Might Not Have Written | Techdirt - 0 views

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    A few different folks sent over variations on this story about how a guy named Bobby Kent claims to have come up with the now ubiquitous "da da da da da da... CHARGE!" music in 1978. If you've been to a major sporting event in the US in the past few decades, you've almost certainly heard it
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