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ikeboy
searching PlanetScale…
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44 ms
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211.
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by
ikeboy
6y ago
Seems unlikely to work - the notices weren't under 512 so 512(f) doesn't apply. My guess is all claims other than declaratory judgement get dismissed, but they win on declaratory judgement assuming it doesn't settle.
212.
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RIAA Sued by YouTube-Ripping Site over DMCA Anti-Circumvention Notices
(torrentfreak.com)
3 points
by
ikeboy
6y ago
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1 comments
213.
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by
ikeboy
6y ago
There's no false representation of a matter of fact, here. And 1001 applies to lying to the government, which isn't relevant here.
214.
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by
ikeboy
6y ago
>This could be argued as intentional, deceptive, and hence fraudulent. Fraud requires a false statement, generally. The letter clearly cites 1201 and never cites 512, and is missing essential elements of 512, (e.g. it never claims direct
215.
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by
ikeboy
6y ago
No, the letter they sent almost surely doesn't create any liability. It's carefully worded.
216.
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by
ikeboy
6y ago
Likely zero damages because nothing RIAA did creates liability for them - no false statements that I can see, just tenuous but plausible legal claims. Certainly nothing criminal there and absolutely no basis for disbarment. You can file a d
217.
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by
ikeboy
6y ago
This isn't a 512 notice, so you can't sue under that. My guess is you can't get any damages because the letter is quite careful in its claims and no judge is going to find that it's in bad faith.
218.
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by
ikeboy
6y ago
>Further, under §512 (f) the RIAA's deceptive claim is liable for sanctions: This is wrong, because they didn't make a 512 claim. If you read the letter, the only part that's asserted under penalty of perjury is that they&
219.
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by
ikeboy
6y ago
This isn't a takedown notice under DMCA, is the point. There's no safe harbor for this kind of infringement, so Github doesn't avoid any liability by taking it down after receiving a notice.
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by
ikeboy
6y ago
My analysis is at https://news.ycombinator.com/item?id=24874277 I agree that it clearly isn't an access control. I think there's a plausible case that it's effective as a copy control, as well as a plausible
221.
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by
ikeboy
6y ago
DMCA notices are for taking down infringing content, not for taking down circumvention tools. There's no safe harbor for the latter.
222.
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by
ikeboy
6y ago
You can use Chrome's Network Tools to download the files. Hard to argue that it's effective when Google's own software can bypass it out of the box. Just check the network tab, copy the URL and remove the range parameter. You
223.
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by
ikeboy
6y ago
> It is also obvious that most videos on YouTube are copyrighted "Most" is not the same as "primary".
224.
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by
ikeboy
6y ago
I'm NAL, but familiar with IP law. My analysis is at https://news.ycombinator.com/item?id=24874277 and I'm broadly skeptical of the legal viability under US law.
225.
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by
ikeboy
6y ago
I'm also NAL, but familiar with IP law. My analysis is at https://news.ycombinator.com/item?id=24874277 and I'm broadly skeptical of the legal viability under US law.
226.
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by
ikeboy
6y ago
Disclaimer: IANAL. The legal reasoning here is shaky. Notice that they cite a German court and assert that the law there is materially the same as that in the US. I did some research on this specific issue at one point, and I'm skeptic
227.
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by
ikeboy
6y ago
If you define fairness so that literally everything is fairly priced, sure. My definition is different.
228.
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by
ikeboy
6y ago
Having used one briefly (Feedvisor) several years ago, they attach a very heavy handed enterprise sales operation to a mediocre platform. A single digit percentage of sales is insane. I got calls every few months for years afterwards tryi
229.
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by
ikeboy
6y ago
The flu also affects older people more. If you compare flu IFR to COVID by the same age group, covid is more dangerous across all age groups. (I did the math myself using CDC estimates for both the flu and covid and assuming a 50% asymptoma
230.
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by
ikeboy
6y ago
There's a whole ecosystem of SaaS doing this fairly priced for smaller sellers, along with unfairly priced SaaS for large sellers (some take a percentage or more of revenue). Anyway for repricing just have a hard max of 1k or so, and l
231.
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by
ikeboy
6y ago
"I think we should abolish the first amendment"
232.
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by
ikeboy
6y ago
Note that the link you posted does not support your claim that twitter is blocking it - it shows a warning before posting but allows one to continue and post the link.
233.
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by
ikeboy
6y ago
>Both platforms bans anyone mentioning the supposed "whistleblower" (whom actually only had newspaper articles as 'evidence'), bans anyone mentioning Bidens kid, bans anyone mentioning the death of Clintons ex-staffer
234.
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by
ikeboy
6y ago
Any way to get VLC to automatically detect the latency and adjust? I seem to need to manually input -200ms every time.
235.
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by
ikeboy
6y ago
The data isn't sourced. Most claims of this nature ultimately source back to EPI's faked data that uses two different measures of inflation to falsely portray the productivity gap as far higher than it actually is. See https:
236.
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by
ikeboy
6y ago
The article brings up this objection and handwaves it away.
237.
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Feds arrest former Amazon employee after company reported him to FBI for fraud
(techcrunch.com)
2 points
by
ikeboy
6y ago
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0 comments
238.
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by
ikeboy
6y ago
I agree with the other comment that you should use probabilities and not binary choices. Have you looked at metaculus?
239.
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by
ikeboy
6y ago
You twice made incorrect assumptions about what I believed. That's not necessary if you're just trying to understand it. Now you're asserting that I'm lacking some knowledge about the issue, without bothering to specify
240.
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by
ikeboy
6y ago
No, it's unclear why the location of people that never worked for Amazon is relevant in this context.
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