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TROPHY CASE


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The Supreme Court has refused to take up a Boston University student's constitutional challenge to a $675,000 penalty for illegally downloading 30 songs and sharing them on the Internet. by EthicalReasoningin technology

[–]litmustest1 2 points3 points ago

Like any judgment creditor, the plaintiff will probably garnish his wages for whatever job he has. Federal law says that garnishment of a judgment debtor's disposable earnings may not exceed (1) 25% of weekly disposable earnings; or (2) an amount that would leave the worker with less than 30 times the current federal minimum wage.

Assuming he took a job paying the federal minimum wage of $7.25/hr, there could be no garnishment if he made less than $217.50 per week. Any amount earned above that would be subject to garnishment.

The Supreme Court has refused to take up a Boston University student's constitutional challenge to a $675,000 penalty for illegally downloading 30 songs and sharing them on the Internet. by EthicalReasoningin technology

[–]litmustest1 -1 points0 points ago

The Sixth Circuit case of Zomba Enter. v. Panorama Records is the one you were trying to remember. It declined to use Gore and instead chose Williams as the appropriate standard to measure of a copyright statutory damage award.

Even the reduced damages of $2,250 per song is so grossly excessive and disproportionate to any potential (let alone demonstrable) real world damage as to be unreasonable on its face

Remember, the standard relates not to potential or actual damage but rather to the offense. And the offense here is the wholesale making and distribution copies without limit. Given the evidence provided by the plaintiffs in these cases as to the cost of an unrestricted license to do that very act, the numbers being returned by the juries are well within reason. Furthermore, the standard of review of an award of statutory damages is so extraordinarily deferential, that it makes even a review under abuse of discretion look like strict scrutiny.

The Supreme Court has refused to take up a Boston University student's constitutional challenge to a $675,000 penalty for illegally downloading 30 songs and sharing them on the Internet. by EthicalReasoningin technology

[–]litmustest1 0 points1 point ago

Section 523(a)(6) of the Bankruptcy Code precludes a person from discharging a debt in bankruptcy that resulted from certain willful acts done to the property of another. Given that Tenenbaum openly admitted liability in court and that the jury found his acts willful in nature, it is unlikely that he will be able to discharge the judgment in bankruptcy.

The Supreme Court has refused to take up a Boston University student's constitutional challenge to a $675,000 penalty for illegally downloading 30 songs and sharing them on the Internet. by EthicalReasoningin technology

[–]litmustest1 4 points5 points ago

and each upload constituted $1 of sales lost

That might be relevant is a copyright plaintiff were proceeding under 17 U.S.C. 504(b) to recover actual damages, but this plaintiff is not.

Statutory damages are only one of the 3 BMW v. Gore guide posts

BMW v. Gore only applies to punitive damages, where the jury is wholly unbounded in its discretion to pick a number unrelated to the actual damage award and the defendant has no way of having notice of the potential damages he or she faces. It necessarily follows that BMW v. Gore doesn't apply in copyright statutory damages cases because none of those risks exists. When dealing with the constitutionality of statutory damages, the appropriate inquiry is derived from St. Louis, I.M. & S. Ry. Co. v. Williams.

MPAA: Piracy is NOT Theft After All by DrJulianBashirin technology

[–]litmustest1 -1 points0 points ago

Sigh, this is why we don't talk about law with laypeople. Great, you can copy and paste. What is unfortunately lacking is the ability to understand the difference between a holding and dicta, or even what the fundamental purpose is of the selections you've decided to quote. So here we go:

"The phonorecords in question were not "stolen, converted or taken by fraud" for purposes of § 2314."

Your ultimate failure is that you immediately stop there and never understand the why. And the why, in this case, is simply because the Court decided that only physical goods were covered by the NSA. Practically everything else that you cite goes exclusively to the point of physicality, and nothing else. If the Court never mentioned the word theft again in the remainder of the opinion, little would change.

And why they specifically refer to someone who infringes copyright by a separate violation.

Has nothing to do with theft, but rather goes to the issue of statutory interpretation of a penal statute with two plausible readings.

"Since the statutorily defined property rights of a copyright holder have a character distinct from the possessory interest of the owner of simple "goods, wares, [or] merchandise,"

Again, it has nothing to do with the theft issue. It's simply the Court attempting to justify its physical goods limitation.

"The infringer of a copyright does not assume physical control over the copyright, nor wholly deprive its owner of its use. Infringement implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud."

Hey look, more physical goods justification.

Pretty clear cut that the only part of Section 2314 it doesn't meet is whether they were stolen.

Not because they can't be stolen in general; the Court never addressed that issue. In this case, the only reason they aren't covered by the statute is merely because they're not physical goods. And because they're not physical goods, the Court doesn't even have to reach the theft language in the statute.

"In contrast, the Government's theory here would make theft, conversion, or fraud equivalent to wrongful appropriation of statutorily protected rights in copyright. The copyright owner, however, holds no ordinary chattel.

Yet again, this has nothing to do with the Court making grand statements on the nature of copyright, but rather it is simply further justification for the physical goods limitation.

As I have provided ample examples of why Dowling is used and how it distinctly separates copyright infringement from theft

You've done nothing of the sort. You've simply extracted sentences from the opinion without any understanding of why they are there or what purpose they serve. The Court is not speaking in the abstract, and any generalized assertion that the language you pointed to means that copyright infringement is not theft is not only disingenuous, it's wrong. All that language does is support the Court's reasoning for reading a physical limitation into the NSA, period, end of story. It's an incredibly narrow holding, and probably would've come out the same way had the subject matter been trade secrets, trade identities, or patents. So if your purpose was to provide how pro-piracy apologists use Dowling in wildly incorrect ways, congratulations. You have succeeded.

I would counsel against responding, because I won't be following this thread any further.

MPAA: Piracy is NOT Theft After All by DrJulianBashirin technology

[–]litmustest1 -3 points-2 points ago

Selectively quote all you like, but the Court never said that copyright infringement never equals theft. Your own citation illustrates that, noting that the former "does not easily equate" with the latter, but not that the two never equate. In fact, the Court struggled with that notion well into the opinion, noting that copyright infringement ""fits [] awkwardly with the language Congress chose," but may fit nonetheless.

As a result "of the ill-fitting language" (note that the Court still is unsure of the conclusion here) it is forced to resort to "the history and purpose of 2314." Here, it discovers that the National Stolen Property Act was an extension of the Motor Vehicle Theft Act, whose purpose was to eliminate barriers preventing law enforcement from foiling criminals moving stolen property across state lines. The Court reasoned that because copyright was a creature of federal statute, making borders meaningless, perhaps it wasn't intended to be covered by the statute in question.

The Court has to go further still to justify its conclusion. It analyzed the legislative history of the criminal copyright statutes to conclude that Congress has legislated very carefully when it comes to applying felony penalties to copyright, and ultimately concluded that it may not have intended the harshness of this statute to apply to the facts in the case.

And finally, the Court magically reads into the statute a physical limitation on what can be transported, even though those words never appear in the statute or its legislative history.

Ultimately, the only guiding legal principle in this case is (1) to qualify for prosecution under the National Stolen Property Act, things being transported across state lines must be physical goods; and (2) in a choice of two plausible statutory meanings in a penal statute, the Court requires a clear and definite statement in order to choose the harsher alternative.

And the decision is not as "very clear cut" as you make it. The dissent makes a powerful argument that the NSA should have applied. It noted particularly that:

"Virtually every court that has considered the question has concluded that 2314 is broad enough to cover activities such as Dowling's" and that the majority's decision is against the weight of national authority.

It goes on to point out that "[t]he statute makes no distinction between tangible and intangible property."

The dissenting Justices also note that, "[t]he statutory terms at issue here, i. e., "stolen, converted or taken by fraud," traditionally have been given broad scope by the courts."

And they conclude by noting that merely because Congress provided some penalties in the Copyright Act, it does not preclude the government from prosecuting under other federal statutes, ending with a damning statement that "[m]any courts had used 2314 to reach the shipment of goods containing unauthorized use of copyrighted material prior to the enactment of the Piracy and Counterfeiting Amendments Act."

Clear cut, it is not.

As a final note, copyright infringement has been equated with theft/stealing for hundreds of years. Beginning in the 1600s, pamphlets likened infringement with shoplifting, mail theft, purse stealing, highway robbery, burglary, theft from a hospital, and most notably, piracy. Our Copyright Act, for instance, preempts “all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright” According to the case law, courts have found the following causes of action preempted by the Act - conversion, theft of services, and theft of satellite signals. So to say that an equation that has been commonly used for centuries by individuals, courts, legislators, and governments is somehow wrong based upon a few cherry picked quotes from one case is simply disingenuous.

MPAA: Piracy is NOT Theft After All by DrJulianBashirin technology

[–]litmustest1 -2 points-1 points ago

The Supreme Court said nothing of the sort. The pro-piracy apologists love to trot out Dowling for the proposition that infringement does not equal theft when all the opinion really contains is a narrow holding that the phrase "goods, wares, [or] merchandise," in a prosecution under the National Stolen Property Act, means physical goods.

And they ignore in entirety the statement from Justices Breyer, O'Connor, and Stevens in Grokster saying:

"[D]eliberate unlawful copying is no less an unlawful taking of property than garden-variety theft."

Out of law school for 2 years as of today, and I can't still can't get a job at a firm. What am I doing wrong? by attythrowawayin law

[–]litmustest1 15 points16 points ago

for what's essentially glorified vocational school

If law school really were a glorified vocational school, at least you'd have the skills to practice on your own upon graduation. Could you imagine a place like an automotive technical institute teaching people to "think like a mechanic?"

Does anyone happen to know whether the Vice President can break a tie on a vote on Senate rules? by sautein law

[–]litmustest1 2 points3 points ago*

Rule XXII of the Senate Rules reads:

except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting

During a session, it requires a 2/3 vote (67 votes) to change the rules. In this case, there can be no tie vote for the Vice President to break.

Alternatively, there appears to the a "constitutional option" that is available at the very outset of a new session that would allow for the Senate to change its rules with a simple majority (with the VP casting the tie-breaking vote), but it has never been used. If it's not used at the very start of a new session, however, the Senate is considered to have acquiesced to the rules of the past session, including the one requiring a 2/3 vote to change the rules.

You can read more about the subject from the Congressional Research Service here (PDF warning):

http://www.senate.gov/CRSReports/crs-publish.cfm?pid='0E%2C*P%2C%3B%3F%22%20%20%20%0A

Chicago cops not eligible for qualified immunity for releasing a white, 21y/o mentally ill woman into a high-crime, black neighborhood where she was raped and badly brain damaged, the 7th Circuit ruled by maxwellhillin news

[–]litmustest1 0 points1 point ago

How long do those symptoms last though? She was held overnight and released the next day, from what I understand.

No idea.

The opinion goes into great detail about her behavior in custody, mentioning chanting, screaming, and smearing of blood on walls. Yet it contains no such description of behavior upon her release, except that she "signed the bond ... and walked out of the stationhouse."

One inference is that she was not in the midst of a manic episode upon release. I imagine that if they had to extract her out of the cell, or if she was ranting, screaming, and raving, while they tried to release her, that those would be pertinent facts that would make it into an opinion.

Chicago cops not eligible for qualified immunity for releasing a white, 21y/o mentally ill woman into a high-crime, black neighborhood where she was raped and badly brain damaged, the 7th Circuit ruled by maxwellhillin news

[–]litmustest1 0 points1 point ago

person who is obviously having a psychotic breakdown

From the opinion:

"expert reports relate that methamphetamine could cause similar symptoms"

Chicago cops not eligible for qualified immunity for releasing a white, 21y/o mentally ill woman into a high-crime, black neighborhood where she was raped and badly brain damaged, the 7th Circuit ruled by maxwellhillin news

[–]litmustest1 0 points1 point ago

Also she was transferred to that facility when they could have kept her elsewhere.

From the opinion:

"The Second District has a holding facility for women; the Eight District does not."

Arizona cuts funding to Planned Parenthood by Wakatain news

[–]litmustest1 43 points44 points ago

Texas was just sued and lost over the same thing.

And then Texas appealed to the 5th Circuit, which reversed the lower court's ruling and reinstated the ban.

http://www.reuters.com/article/2012/05/01/us-usa-abortion-texas-idUSBRE8400T320120501

[Request] How to get past NYT 10 article access limitation. by noodleguyin howto

[–]litmustest1 -1 points0 points ago

Have you considered subscribing?

Major U.S. Discussion Forum Website Sued for Violations of Members Rights of Free Speech by LegalEagle69in news

[–]litmustest1 0 points1 point ago

Reported for inaccurate headline.

Nothing in the article mentions anything about litigation. That's not surprising considering Reddit is not a state actor and therefore cannot, by definition, violate anyone's First Amendment rights.

Supreme Court Loses Favor with the Public by indyguyin law

[–]litmustest1 2 points3 points ago

it also means that citizens have essentially zero input into who these immensely powerful people are.

Not true at all. The people elect the President, who has the authority to nominate judges for the bench. The people also elect Senators, who play a critical check and balance role in judicial confirmations. So to say that the citizens have zero input in the process isn't exactly true.

Is anyone aware of an example of a bar disciplinary proceeding or malpractice suit based on an attorney providing internet legal advice? by rainemakerin law

[–]litmustest1 0 points1 point ago

involving or predicated on a person believing they had an attorney-client relationship (implied or otherwise) with someone providing legal advice over the internet.

Don't forget that the more likely claim, given the borderless nature of the internet, of the unauthorized practice of law.

In law school, is it better to be academically active, have real world experience, or a balance of both? by htkeyesin law

[–]litmustest1 0 points1 point ago

Get as much practical experience as you can, period.

Is it too late to write an amicus brief on behalf of the ACA? by HarryMcDowellin law

[–]litmustest1 1 point2 points ago*

It is too late.

As per Rules of the Supreme Court 37:

"An amicus curiae brief may be filed only by an attorney admitted to practice before this Court ...."

As you mentioned, you are an undergraduate student and not an attorney admitted to practice before the Court. That automatically precludes you from filing an amicus brief.

Even if you were an attorney admitted to practice before the Court, the time frame for filing an amicus brief has expired. As further explained by the Rule:

"An amicus curiae brief in a case before the Court for oral argument ... shall be submitted ... within 7 days after the time allowed for filing the petitioner's or appellant's brief. Motions to extend the time for filing an amicus curiae brief will not be entertained."

What are the potential legal consequences of the casual copyright violations seen on eBay? by TheUKSocialistin law

[–]litmustest1 0 points1 point ago

one of the items on the page I linked to has sold over 700 copies

17 USC 506 makes it a criminal offense, punishable by fines and jail time, for:

"Any person who willfully infringes a copyright ... if the infringement was committed ... for purposes of commercial advantage or private financial gain."

Given that the store's entire purpose appears to be knocking off copyrighted photos for financial gain, they're practically one phone call away from a federal criminal trial.

Why haven't charges ever been filed against owners of the novelty machines in theme parks that destroy a penny by molding it into a souvenir? by irapehoneybadgersin law

[–]litmustest1 10 points11 points ago

18 U.S.C. 331 says:

"Whoever fraudulently alters, defaces, mutilates, impairs, diminishes, falsifies, scales or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States ... shall be fined under this title or imprisoned not more than five years, or both."

To give you an example of what constitutes a crime under this statute, let's consider President Obama's very first pardon -- Ronald Lee Foster. Mr. Foster was convicted of whittling away the edges of pennies in order to pass them off as dimes in vending machines.

In contrast, when you are using one of these novelty machines to elongate and stamp a penny with a design, you are not doing it with a fraudulent intent to pass it off as some other form of currency, therefore no crime has be committed.

Similarly, 32 CFR 82.1 says that:

"Except as specifically authorized by the Secretary of the Treasury (or designee) or as otherwise provided in this part, no person shall export, melt, or treat:

(a) Any 5-cent coin of the United States; or

(b) Any one-cent coin of the United States."

But section 82.2(b) provides an exception:

"The prohibition contained in §82.1 against the treatment of 5-cent coins and one-cent coins shall not apply to the treatment of these coins for educational, amusement, novelty, jewelry, and similar purposes as long as the volumes treated and the nature of the treatment makes it clear that such treatment is not intended as a means by which to profit solely from the value of the metal content of the coins."

In short, so long as you're doing it for the novelty purposes (provided the machine isn't trying to stamp a picture of a dime or nickel or something onto your penny), it doesn't run afoul of the law.

Twitter Engineering: Introducing the Innovator’s Patent Agreement by reddit4in law

[–]litmustest1 0 points1 point ago

This agreement is a total joke, and anyone who relies on it is a fool. While it may be guised in terms of "Defensive Purposes," in operation it gives Twitter unfettered discretion to be the aggressor.

Are you a company who has threatened or participated in an intellectual property suit (not limited to patent -- it could be copyright, trade secret, trade identity, etc) against Twitter or any of its "users, affiliates, customers, suppliers, or distributors"? Under this agreement, Twitter could initiate a patent infringement suit against you.

Are you a patent holder who has filed a suit, or even participated in one (even if you just filed an amicus), against anyone in the world in the last 10 years (which would cover pretty much anyone who is anyone in the field of utility patents on software)? Under this agreement, Twitter could initiate a patent infringement suit against you.

And if those loopholes weren't big enough. Under the catchall provision, whenever Twitter feels threatened ("to deter a patent litigation threat"), whatever that means, it may be the aggressor in a patent infringement suit.

You mean it would be illegal for me to say"F#ck the Rep#blican party"! by Hatchetman1in law

[–]litmustest1 0 points1 point ago

No targeted victim. Without being targeted to a particular victim, there can be no intent to, among other things, harass that particular victim. Without intent to, among other things, harass that particular victim, no crime has been committed. Even if it were directed at a particular victim, Arizona courts "do not believe that it is rational to assume that merely because a person uses obscene, lewd or profane language over [a communications device] one can conclude the person is doing so with the intent proscribed by the statute."

You mean it would be illegal for me to say"F#ck the Rep#blican party"! by Hatchetman1in law

[–]litmustest1 -2 points-1 points ago

No, it wouldn't. Please stop mischaracterizing the law.

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