4 ms·

Precedent is a way of writing laws. Basically legislation is usually not so detailed, nor even necessarily capable of being so detailed, to handle every singe c

Precedent is a way of writing laws. Basically legislation is usually not so detailed, nor even necessarily capable of being so detailed, to handle every singe case. Precedent makes judges decisions predictable, since judges are bound to continue doing what they've already done until the legislators (or a superior court) changes that. The alternative is the French system, where each case is taken separately and you can't really be certain how the decisions are going to be made (except that they informally apply a precedent like system). I don't really know if the terminology is right here - basically, the judge has said "there's already a fix in the system for this woe, maybe we should use it..." I'm not really sure what the alternative dispute resolution process your talking about is. Are you suggesting a mandatory licensing fee system like radio stations use?

derekp7 7y ago
If the court determines that someone is improperly using them for a shakedown, that person goes to jail. Best fix I can think of.
- icebraining 7y ago
  You have to be formerly accused of that shakedown, but yeah, that can definitively happen: https://en.wikipedia.org/wiki/Prenda_Law https://en.wikipedia.org/wiki/Prenda_Law
netcan 7y ago
A way. It's not an all-purpose tool though. The alternative isn't civil law. The alternative is legislation, cleaner legislation preferably... reform even. It doesn't need to be on a massive scale, but it needs to do at a legislative level what this judge did/tried. Find a way that this type of copyright enforcement isn't ordinarily settled in such a lawyerly way. His approach isn't bad, it's just outside of scope to do it properly via precedent.
- squiggleblaz 7y ago
  There's legislation in the matter. The precedent is just that it can be used, also in this case. Or you're proposing trolls should keep trolling till the congress considers it important enough to write a law that says "the law we wrote applies in this case, also"? At what point does it stop? Must Congress foresee every action before it happens? The alternative isn't civil law and I didn't say it is. I said the alternative is not being able to predict the judge's decision expect for the fact that they're following precedent unofficially.
- wayoutthere 7y ago
  Do you think a legislative remedy is likely given the current state of our legislative branch? I for one am glad the judicial system has the ability to reinterpret old laws in new situations, because we would end up with anarchy and confusion if we had to wait for congress.
- jessaustin 7y ago
  His approach... The judge in this case is Denise Cote. https://en.wikipedia.org/wiki/Denise_Cote https://en.wikipedia.org/wiki/Denise_Cote

derekp7 7y ago

If the court determines that someone is improperly using them for a shakedown, that person goes to jail. Best fix I can think of.

icebraining 7y ago
You have to be formerly accused of that shakedown, but yeah, that can definitively happen: https://en.wikipedia.org/wiki/Prenda_Law https://en.wikipedia.org/wiki/Prenda_Law

netcan 7y ago

A way. It's not an all-purpose tool though. The alternative isn't civil law. The alternative is legislation, cleaner legislation preferably... reform even. It doesn't need to be on a massive scale, but it needs to do at a legislative level what this judge did/tried. Find a way that this type of copyright enforcement isn't ordinarily settled in such a lawyerly way. His approach isn't bad, it's just outside of scope to do it properly via precedent.

squiggleblaz 7y ago
There's legislation in the matter. The precedent is just that it can be used, also in this case. Or you're proposing trolls should keep trolling till the congress considers it important enough to write a law that says "the law we wrote applies in this case, also"? At what point does it stop? Must Congress foresee every action before it happens? The alternative isn't civil law and I didn't say it is. I said the alternative is not being able to predict the judge's decision expect for the fact that they're following precedent unofficially.
wayoutthere 7y ago
Do you think a legislative remedy is likely given the current state of our legislative branch? I for one am glad the judicial system has the ability to reinterpret old laws in new situations, because we would end up with anarchy and confusion if we had to wait for congress.
jessaustin 7y ago
His approach... The judge in this case is Denise Cote. https://en.wikipedia.org/wiki/Denise_Cote https://en.wikipedia.org/wiki/Denise_Cote