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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
by 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 agoThere'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 agoDo 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 agoHis approach... The judge in this case is Denise Cote. https://en.wikipedia.org/wiki/Denise_Cote https://en.wikipedia.org/wiki/Denise_Cote