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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

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

FBI surveillance malware in bomb threat case tests constitutional limits | Ars Technica - 0 views

  • The FBI has an elite hacker team that creates customized malware to identify or monitor high-value suspects who are adept at covering their tracks online, according to a published report.
  • as the capability to remotely activate video cameras and report users' geographic locations—is pushing the boundaries of constitutional limits on searches and seizures
  • Critics compare it to a physical search that indiscriminately seizes the entire contents of a home, rather than just those items linked to a suspected crime. Former US officials said the FBI uses the technique sparingly, in part to prevent it from being widely known.
  • ...1 more annotation...
  • "We have transitioned into a world where law enforcement is hacking into people’s computers, and we have never had public debate,” Christopher Soghoian, principal technologist for the American Civil Liberties Union, told The Washington Post, speaking of the case against Mo. "Judges are having to make up these powers as they go along."
John Lemke

Feds confiscate investigative reporter's confidential files during raid | The Daily Caller - 0 views

  • A search warrant obtained by TheDC indicates that the August raid allowed law enforcement to search for firearms inside her home.
  • The document notes that her husband, Paul Flanagan, was found guilty in 1986 to resisting arrest in Prince George’s County. The warrant called for police to search the residence they share and seize all weapons and ammunition because he is prohibited under the law from possessing firearms. But without Hudson’s knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said.
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