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John Lemke

DOJ Lawyer Explores 'Copyright Freeconomics'; Suggests Copyright Needs To Change | Tech... - 0 views

  • Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering licit content at a price of $0.
  • This sea change has ushered in an era of “copyright freeconomics.” Drawing on an emerging body of behavioral economics and consumer psychology literature, this Article demonstrates that, when faced with the “magic” of zero prices, the neoclassical economic model underpinning modern U.S. copyright law collapses. As a result, the shift to a freeconomic model raises fundamental questions that lie at the very heart of copyright law and theory. What should we now make of the established distinction between “use” and “ownership”? To what degree does the dichotomy separating “utilitarian” from “moral” rights remain intact? And — perhaps most importantly — has copyright’s ever-widening law/norm divide finally been stretched to its breaking point? Or can copyright law itself undergo a sufficiently radical transformation and avoid the risk of extinction through irrelevance?
  • The other interesting bit of the report is Newman's suggestion that an interesting proposal for changing copyright laws that might actually make traditional "maximalists" and "minimalists" both happy is to increase more moral rights for copyright -- and allow copyright holders to effectively choose if they want to enforce the "economic" rights to exclude by going after statutory damages, or, alternatively, enforce the "moral" rights to protect their reputation. His argument is that this might fit better with the nature of content creation today:
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    "John Newman"
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

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

Rent-to-own PCs surreptitiously captured users' most intimate moments | Ars Technica - 0 views

  • The software, known as PC Rental Agent, was developed by Pennsylvania-based DesignerWare. It was licensed by more than 1,617 rent-to-own stores in the US, Canada, and Australia to report the physical location of rented PCs. A feature known as Detective Mode also allowed licensees to surreptitiously monitor the activities of computer users. Managers of rent-to-own stores could use the feature to turn on webcams so anyone in front of the machine would secretly be recorded. Managers could also use the software to log keystrokes and take screen captures.
  • In some cases, webcam activations captured images of children, individuals not fully clothed, and people engaged in sexual activities, the complaint alleged. Rental agreements never disclosed the information that was collected, FTC lawyers said.
  • PC Rental Agent also had the capability to display fake registration pages for Microsoft Windows, Internet Explorer, Microsoft Office, and Yahoo Messenger. When customers entered their names, addresses, and other personal information in the forms, the data was sent to DesignerWare servers and then e-mailed to the rent-to-own licensees.
John Lemke

NSA collects nearly 5 billion cellphone location records per day | Ars Technica - 0 views

  • The Washington Post added another noteworthy finding to the growing pile of information leaked by former NSA contractor Edward Snowden: the NSA is collecting nearly five billion cellphone location records per day from across the world.
  • This gigantic data collection feeds a database that stores information on "hundreds of millions of devices," according to the documents obtained by
  • 27 terabytes
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  • The paper spoke with an intelligence lawyer who continued to emphasize that this program focuses beyond the US, which seems to prevent the data from falling under the Fourth Amendment (unreasonable search and seizures).
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

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.
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  • 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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