> Google and Apple are useless for dmca unless you have a court order.
This is especially egregious in Google's case given how trigger happy they are with pulling YouTube videos with a simple claim that something is infringing. I guess unless you can lobby them at the level of the music industry, their default policy is to do nothing.
Let's consider an independent dev making claims vs the army of lawyers from RIAA/MPAA type claimants. Which one do you think evilCorps will pay attention to?
This is why awards need to be based on % of total assets or revenue of the defendant. If little guy beats the big guy defendant, little guy should walk away with millions or billions. If big guy wins against the little guy defendant, it's just hundreds or thousands. It makes relatively poor individuals who can't afford a team of effective lawyers lawsuit proof, while making those who can wage effective lawfare juicy targets if they so much as fudge the line with the outside of their shoes!
> with the outside of their shoes!
But it's the outside of the boot that lets you bend it. (yeah, I'm watching a World Cup match as I type this)
Sadly, I fear that even if we were to do something like that, any time a company is sued for infringement they'd find a way to ensure that the entity being sued just doesn't have any assets, sorry, you'll just have to be content with knowing you won.
>This is why awards need to be based on % of total assets or revenue of the defendant.
yes! and we need to add the death penalty to the list of punishments for children, because what matters is not the size of the crime, but the harshness of enforcement, that's the real deterrent, arewerite!?
> yes! and we need to add the death penalty to the list of punishments for children, because what matters is not the size of the crime, but the harshness of enforcement, that's the real deterrent, arewerite!?
Child death penalties probably aren't something that you actually want, right? You NEED them. Nothing gets people to take a step back like capital punishment for misdemeanor crimes. And with great power comes great responsibility.
However, I get where you're coming from. A thought: Speeding is a pretty tiny crime but it needs to be punishable by the death penalty on the first offense. We'd never have to worry about that criminal driving dangerously again. It actually stones 2 birds with 1 kill. That speeder might actually be a serial speeder. Serial offenders sometimes escalate their crimes over time and they never, ever stop until they're not just dead, but also decapitated. The serial speeder that drove 5 over yesterday might drive 7 over today. Tomorrow may even get all the way to 8 over the limit. Eventually they'll get to ramming speed. After a serial speeder gets to ramming speed, they will never accept a slower speed; they will ram other cars and die first. This would have been prevented by simply taking advantage of the power of 1st offense: death penalty.
For both time efficiency purposes and the perception it would bring, judges should be walking around with 2 fully automatic assault rifles tucked under their robes. They already line up before the verdict is read, then dump both mags as soon as the jury says "guilty."
There's an overly lax legal system and no signs of a "Death Row Children's Fun Zone". The reality of that approach is that kids have the freedom ( and enough tokens) for basic white collar crimes. If enough of that happens, money will get canceled forever. Then by the time next Tuesday comes around we'll wake up on an Earth with everything regressed all the way back to a pure barter economy. This is why we can't have nice things.
Ridiculous. The initial proposal was to improve proportionality, what are you on about here?
It's obviously to point out that you have no clothes on
Weird comment!
I'm not I understand why you're asking me whether I think the phenomenon of intellectual property laws being enforced in a way that unfairly benefits the wealthy exists. Of course I do, that's why I brought it up in the first place. That doesn't mean it's defensible though.
The lawyers from evilCorps are on a first-name basis with the key lawyers from the copyright lobby, because their fates are fully intertwined
YouTube's take down infrastructure exists to prop up ad revenue. It was created by the industry and imposed on YouTube. There is no ad revenue on an App Store (to speak of) to protect so Google has no incentive to impose restrictions there that are purely DMCA-based. The incentives are misaligned between the app makers and the app distributors...structurally so.
reminds me of this woman who had copyright filed against her for playing moonlight sonata. https://news.ycombinator.com/item?id=27004577 if not for the complete hassle and threat to her livelihood, it might be laughable.
Rick Beato[0] is famous for some of his rants on the topic.
[0] https://www.youtube.com/RickBeato
There's been a plague recently of people taking videogame songs from classic games and rapping over them, putting them on Soundcloud or other services, and then automating the copyright process. So people who are playing through Donkey Kong Country or Dynamite Heddy are getting videos copyright claimed by someone who likely wasn't even born when the games came out and has no legal right to.