Judge sides with Rightscorp, says DMCA doesn't protect Cox
http://arstechnica.com/tech-policy/2015/11/with-a-week-to-go-before-rightscorp-trial-cox-loses-key-dmca-motion/
In a strongly worded rebuttal (PDF) to BMG's accusations, Cox
described Rightscorp as selling "shady services" to copyright
owners. Rightscorp "shakes down ISP customers for money without
regard to actual liability, and it tries to enlist ISPs in its
scheme," Cox lawyers write. The ISP doesn't act on Rightscorp's
notices because they're "wrongful" and inadequate, but
Rightscorp kept dumping "thousands of notices per day" on the
ISP. When Cox wouldn't get on board, Rightscorp and its biggest
client sued. "This suit is Rightscorp's retribution, with
Plaintiffs' complicity, for Cox's refusal to participate in
Rightscorp's scheme," state Cox lawyers ... Further evidence
that O'Grady isn't seeing things Cox's way comes from the fact
that the judge wouldn't allow the Electronic Frontier Foundation
and Public Knowledge to file an amicus brief supporting Cox. In
fact, O'Grady went out of his way to slam that brief. "It adds
absolutely nothing helpful at all," O'Grady said of the EFF
brief, according to Techdirt, based on a transcript of the
October hearing. "It is a combination of describing the horrors
that one endures from losing the Internet for any length of
time. Frankly, it sounded like my son complaining when I took
his electronics away when he watched YouTube videos instead of
doing homework. And it's completely hysterical."
- - -
When judges are idiots. Can you say appeal? Damned straight.
--Lauren--
Lauren Weinstein ([email protected]): http://www.vortex.com/lauren
Founder:
- Network Neutrality Squad: http://www.nnsquad.org
- PRIVACY Forum: http://www.vortex.com/privacy-info
Co-Founder: People For Internet Responsibility: http://www.pfir.org/pfir-info
Member: ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
Google+: http://google.com/+LaurenWeinstein
Twitter: http://twitter.com/laurenweinstein
Tel: +1 (818) 225-2800 / Skype: vortex.com
I have consulted to Google, but I am not currently doing so.
My opinions expressed here are mine alone.
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