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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

File-sharer will take RIAA case to Supreme Court | Ars Technica - 0 views

  • Jammie Thomas-Rasset
  • the first US file-sharer to take her RIAA-initiated lawsuit all the way to a trial and a verdict back in 2007. Five years, three trials, and one appeal later, she owes $222,000 to the recording industry for sharing songs on the Kazaa file-sharing network, but she doesn't plan to quit fighting.
  • Thomas-Rasset will follow Joel Tenenbaum, the second US resident to take his file-sharing case that far. Tenenbaum—who reached the Supreme Court first because he had only one jury trial instead of three—tried to convince the justices that they should take his case to stop the music label plan to create, in his lawyer's words, "an urban legend so frightening to children using the Internet, and so frightening for parents and teachers of students using the Internet, that they will somehow reverse the tide of the digital future." The Supremes showed no interest, denying Tenenbaum's petition back in May.
John Lemke

Recording Industry Rep Suggests Parents Should Slap Their Children To Stop Piracy | Tec... - 0 views

  • A ruling handed down yesterday by Germany's highest court represents a blow to rightsholders in their quest to clamp down on illicit file-sharing. The court ruled that the parents of a teenager who had made available more than 1,100 songs on file-sharing networks can not be held responsible for their son's infringements, nor be required to monitor or hinder his online activities.
  • The Court ruled that the parents had met their parental obligations when they informed their child of "basic do's and don'ts" including that file-sharing copyrighted content online is illegal. Furthermore, the Court ruled that the parents were not required to monitor their child's online activities nor install special software to restrict his online behavior. This would only be required should the parents have "reasonable grounds" to presume that their child would engage in infringing activities online.
John Lemke

Federal Prosecutors, in a Policy Shift, Cite Warrantless Wiretaps as Evidence - NYTimes... - 0 views

  • The practice contradicted what Mr. Verrilli had told the Supreme Court last year in a case challenging the law, the FISA Amendments Act of 2008. Legalizing a form of the Bush administration’s program of warrantless surveillance, the law authorized the government to wiretap Americans’ e-mails and phone calls without an individual court order and on domestic soil so long as the surveillance is “targeted” at a foreigner abroad. A group of plaintiffs led by Amnesty International had challenged the law as unconstitutional. But Mr. Verrilli last year urged the Supreme Court to dismiss the case because those plaintiffs could not prove that they had been wiretapped. In making that argument, he said a defendant who faced evidence derived from the law would have proper legal standing and would be notified, so dismissing the lawsuit by Amnesty International would not close the door to judicial review of the 2008 law. The court accepted that logic, voting 5-to-4 to dismiss the case. In a statement, Patrick Toomey, staff attorney with the American Civil Liberties Union, which had represented Amnesty International and the other plaintiffs, hailed the move but criticized the Justice Department’s prior practice.
  • Still, it remains unclear how many other cases — including closed matters in which convicts are already service prison sentences — involved evidence derived from warrantless wiretapping in which the National Security Division did not provide full notice to defendants, nor whether the department will belatedly notify them. Such a notice could lead to efforts to reopen those cases.
John Lemke

Bad Police Info Led Spies To Monitor Dotcom, Govt. Suppressed Information | TorrentFreak - 0 views

  • Court documents have revealed how information supplied by New Zealand’s Organised and Financial Crime Agency led to Kim Dotcom and his associates being illegally monitored by GCSB, the Kiwi spy agency comparable to the United States’ CIA. Today a High Court judge expressed concern at the situation, with Dotcom’ legal team calling for an independent inquiry into the fiasco. Meanwhile, pressure continues to mount on Prime Minister John Key as it’s revealed the government issued an information suppression order.
  • According to court documents, GCSB checked with OFCANZ that both Dotcom and der Kolk were indeed foreign nationals. OFCANZ said they were, but in fact neither should have been spied on by GCSB. The monitoring went ahead anyway. In the High Court today, Justice Helen Winkelmann asked lawyers how it could be possible that GCSB hadn’t known about Dotcom’s New Zealand residency.
  • During an earlier hearing, Detective Inspector Grant Wormald of OFCANZ said that apart from surveillance carried out by the police, no other surveillance had been carried out against Dotcom. But with the revelation that GCSB had indeed been monitoring the Megaupload founder at the behest of OFCANZ, questions are now being raised about this apparent inconsistency, not least since Wormald previously acknowledged that a secret government unit had been involved in a pre-raid planning meeting in January.
John Lemke

Another Loss For Righthaven: Court Explains That Its Demand For Domain Names Is Silly |... - 0 views

  •  
    Righthaven hasn't been having too much luck lately. We've already covered how its having a bad day for a few different reasons, and here's another one. As you may know, in nearly every lawsuit Righthaven files, it also demands that the defendant hand over his or her website, in addition to the $75,000 to $150,000 it usually asks for. This has left a bunch of folks scratching their heads, as there's simply no precedent for saying that if you infringe on someone's copyright, they get your domain. And, now, we have a court making that point clear. Eric Goldman points us to a ruling in Las Vegas by judge Roger Hunt (the same judge who unsealed the filing that may kill off most of Righthaven's lawsuits...), in which he points out that asking for the domain name has no basis in law:
John Lemke

U.S. Court Grants Order to Wipe Pirate Sites from the Internet | TorrentFreak - 0 views

  • A U.S. federal court in Oregon has granted a broad injunction against several streaming sites that offer pirated content. Among other things, the copyright holder may order hosting companies to shut down the sites' servers, ask registrars to take away domain names, and have all search results removed from Google and other search engines.
  • ABS-CBN requested power to take the sites offline before the owners knew that they were getting sued, and without a chance to defend themselves. While that may seem a lot to ask, Judge Anna Brown granted the request.
  • The preliminary injunction is unique in its kind, both due to its broadness and the fact that it happened without due process. This has several experts worried, including EFF’s Intellectual Property Director Corynne McSherry.
John Lemke

US Court Secretly Lets Government Share Megaupload Evidence With Copyright Industry | T... - 0 views

  • Apparently part of the issue for the original filing to reveal this information was that some copyright holders are getting antsy that as the case drags on, they won't also be able to file civil cases against Megaupload before the three-year statute of limitations expires. However, as Megaupload's lawyers point out, there is no urgency here since the government itself made no move to share this information over the past two years. If it really wanted to share the information it had ample time to make the request and allow Megaupload's lawyers to review and take part in the process, rather than trying to route around them entirely. I'm guessing the recent successes against IsoHunt and Hotfile may have contributed to the timing as well. The MPAA pretty clearly thinks it can use those two cases to go after Megaupload as well, outside of the criminal case which will continue.
John Lemke

NSA's bulk phone data collection ruled unconstitutional, 'almost Orwellian,' by federal... - 0 views

  • “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” the judge wrote.
  • “Given the limited record before me at this point in the litigation – most notably, the utter lack of evidence that a terrorist attack has ever been prevented because searching the NSA database was faster than other investigative tactics – I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.”
  • “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts,” Snowden wrote. “Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
John Lemke

Spy court renews NSA metadata program | TheHill - 0 views

  • With a surveillance reform bill stuck in the Senate, the federal court overseeing spy agencies on Friday reauthorized the National Security Agency’s controversial bulk collection of Americans' phone records.
  • Given that legislation has not yet been enacted, and given the importance of maintaining the capabilities of the Section 215 telephony metadata program, the government has sought a 90-day reauthorization of the existing program,” the Justice Department and Office of the Director of National Intelligence said in a joint statement, referring to the section of the Patriot Act that authorizes the program.
  • The NSA’s phone records program needs to be reauthorized by the FISC every 90 days. The current authority expires on Dec. 5.
John Lemke

Police Delete Aftermath Footage Of Suspect Shot 41 Times | Techdirt - 0 views

  • Wallace took cellphone pictures and video after the shooting stopped, but he said Mesquite police confiscated the phone and deleted the video and pictures. The phone was returned four days later, he said.
  • The law states that police need a court order to confiscate a camera unless it was used in a commission of a crime. The only exception is if there are exigent circumstances, such as a strong belief that the witness will destroy the photos, therefore destroying evidence. Under no circumstances do police have the right to delete footage.
John Lemke

Massachusetts Man Charged Criminally For Videotaping Cop... Despite Earlier Lawsuit Rej... - 0 views

  • You may remember a high-profile, landmark ruling last year in Massachusetts, where charges against Simon Glik -- arrested for violating a state law that said it's "wiretapping" to record a police officer in public without his permission -- weren't just dropped, but the arrest was found to be both a First and Fourth Amendment violation. In the end, Boston was forced to pay Glik $170,000 for violating his civil rights. You would think that story would spread across Massachusetts pretty quickly and law enforcement officials and local district attorneys would recognize that filing similar charges would be a certified bad idea. Not so, apparently, in the town of Shrewsbury. Irving J. Espinosa-Rodrigue was apparently arrested and charged under the very same statute after having a passenger in his car videotape a traffic stop for speeding, and then posting the video on YouTube. Once again, the "issue" is that Massachusetts is a "two-party consent" state, whereby an audio recording can't be done without first notifying the person being recorded, or its deemed a "wiretap." This interpretation, especially when dealing with cops in public, is flat-out ridiculous and unconstitutional, as the Glik ruling showed.
John Lemke

Man allegedly steals $100k coin collection then spends for face value on pizza and a mo... - 2 views

  • Garren denied the accusation back in May, telling police they, "didn't have any evidence against him," according to a report filed in Cowlitz County Superior Court.
  • But then Garren and Massman allegedly began using the coins at local establishments, spending them at face value, including a quarter that is estimated to be worth thousands of dollars. The Daily News reports the collection includes a variety of rare coins included Liberty Head quarters, Morgan dollars and several others dating back to the early 1800's, After police conducted their investigation, they now say the couple spend several 1930's coins at a Battle Ground area movie theater, using quarters worth between $5 and $68 each. Later on the same day, they then spend more of the coin collection at a local pizza restaurant, including a Liberty quarter with an estimated value between $1,100 and $18,500.
    • John Lemke
       
      I like the "but then" ... like he thought.. better ditch the evidence... no on will notice some of these coins are TWO centuries old"
John Lemke

Lawsuit Claims Accidental Google Search Led To Years Of Government Investigation And Ha... - 0 views

  • Jeffrey Kantor, who was fired by Appian Corporation, sued a host of government officials, including Attorney General Eric Holder, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Secretary Chuck Hagel and Secretary of State John Kerry in Federal Court, alleging civil rights violations, disclosure of private information and retaliation… He also sued Secretary of Energy Ernest Moniz, Acting Secretary of Homeland Security Rand Beers, Treasury Secretary Jacob Lew, EPA Administrator Regina McCarthy and U.S. Office of Personnel Management Director Katherine Archuleta.
  • "In October of 2009, Kantor used the search engine Google to try to find, 'How do I build a radio-controlled airplane,'" he states in his complaint. "He ran this search a couple weeks before the birthday of his son with the thought of building one together as a birthday present. After typing, 'how do I build a radio controlled', Google auto-completed his search to, 'how do I build a radio controlled bomb.'" From that point on, Kantor alleges coworkers, supervisors and government investigators all began "group stalking" him. Investigators used the good cop/bad cop approach, with the "bad cop" allegedly deploying anti-Semitic remarks frequently. In addition, his coworkers at Appian (a government contractor) would make remarks about regular people committing murder-suicides (whenever Kantor expressed anger) or how normal people just dropped dead of hypertension (whenever Kantor remained calm while being harassed)
  • Kantor also claims he was intensely surveilled by the government from that point forward.
    • John Lemke
       
      Our story begins with auto-complete and, once suspected, always monitored. has an interesting loophole. 
  • ...2 more annotations...
  • the law says that the timeline is based on when the citizen had a reasonable chance to discover the violation. Since the PRISM program was only declassified in July of 2013, these earlier violations should not be time-barred.
  • All in all, the filing doesn't build a very credible case and comes across more as a paranoiac narrative than a coherent detailing of possible government harassment and surveillance. Here are just a few of the highlights.
  •  
    Wait till you see how many and who are involved.
John Lemke

Brazil passes an Internet 'Bill of Rights' - San Jose Mercury News - 0 views

  • It also makes Internet service providers not liable for content published by their users and requires them to comply with court orders to remove offensive material.
  • "Our legislation can influence the worldwide debate aimed at finding a way to guarantee real rights in a virtual world,"
John Lemke

FBI Arrested CEO of 'StealthGenie' for Selling Mobile Spyware Apps - 0 views

  • The Federal Bureau of Investigation (FBI) has arrested the CEO of a UK-based company for allegedly advertising and selling a spyware app to individuals who suspect their romantic partners of cheating on them.
  • The dodgy cell phone spyware application, dubbed as StealthGenie, monitors victims’ phone calls, text messages, videos, emails and other communications "without detection" when it is installed on a target's phone, according to the Department of Justice.
  • Once installed on the phone, it allows conversations to be monitored as they take place, enables the purchaser to call the phone and activate it at any time to monitor all surrounding conversations within a 15-foot radius, and collects the user’s incoming and outgoing email and SMS messages, incoming voicemail, address book, calendar, photographs, and videos. All of these functions are enabled without the knowledge of the user of the phone.
  • ...1 more annotation...
  • Akbar was charged with conspiracy, sale of a surreptitious interception device, advertisement of a known interception device and advertising a device as a surreptitious interception device in US District Court for the Eastern District of Virginia.
John Lemke

Payback time: First patent troll ordered to pay "extraordinary case" fees | Ars Technica - 0 views

  • In the recent Octane Fitness case (PDF), the Supreme Court changed the test for fee-shifting precisely to deter behavior such as Lumen's, Cote found. Lumen didn't do "any reasonable pre-suit investigation," and filed a number of near-identical "boilerplate" complaints in a short time frame. That all suggests "Lumen’s instigation of baseless litigation is not isolated to this instance, but is instead part of a predatory strategy aimed at reaping financial advantage from the inability or unwillingness of defendants to engage in litigation against even frivolous patent lawsuits."
John Lemke

Dotcom Faces Jail Following Application to Revoke Bail | TorrentFreak - 0 views

  • a bail revocation application is underway which could put back behind bars as early as next week.
  • Last week it was revealed that his New Zealand legal team had backed out of their arrangement to defend the Megaupload founder.
  • A full report on developments isn’t possible due to a news blackout, but Crown Prosecutor Christine Gordon told the Court that an application had been made to have Dotcom’s bail revoked after an apparent breach of conditions.
  • ...3 more annotations...
  • In the meantime, apparently considering him a flight risk, Judge Nevin Dawson has taken the decision to clamp down on Dotcom’s movements ahead of next week’s hearing.
  • banning him from using his helicopter, Dotcom is forbidden from using boats and undertaking any travel whatsoever by sea. He must stay within 80km (50 miles) of his home and report to police every single day, rather than his previous weekly check-ins.
  • One interested firm said it would need 120 days just to look over the case to see they can help, a serious problem when the extradition hearing is scheduled for February and has taken 18 months to prepare. Today the Crown said it was prepared to give Dotcom an extra month by postponing the hearing until March, but that was overruled by the Judge who said that it would now take place in early June.
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