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This Is Funny... »
This is a sub-selection from I like this


wifi4milez
Big Russ, 1918 to 2008. Rest in Peace

join:2004-08-07
New York, NY

1 recommendation

reply to thevorpal1

Re: I like this

said by thevorpal1:

Because these companies can effectively enact policies that go beyond what is required by legislation in an effort to serve as a policing body, they are attempting to expand their jurisdiction in a manner that is hostile to the People of that community.

Thats a bad example. Look at another way, millions of people ride buses/trains everyday. Almost every bus/train has rules that seek to reduce rowdy behavior. Customers that are really loud and cause problems for other riders will be kicked off the bus/train. There is certainly no law against being rowdy, however the rider agrees to abide by certain rules when he/she gets on the bus/train. The situation at hand is no different, by using their (Cox) service you agree to abide by their rules.
--
If history teaches us anything, it teaches that simple-minded appeasement or wishful thinking about our adversaries is folly.
-Ronald Reagan-

thevorpal1

join:2007-11-16
Alexandria, VA

1 recommendation

said by wifi4milez:

said by thevorpal1:

Because these companies can effectively enact policies that go beyond what is required by legislation in an effort to serve as a policing body, they are attempting to expand their jurisdiction in a manner that is hostile to the People of that community.

Thats a bad example. Look at another way, millions of people ride buses/trains everyday. Almost every bus/train has rules that seek to reduce rowdy behavior. Customers that are really loud and cause problems for other riders will be kicked off the bus/train. There is certainly no law against being rowdy, however the rider agrees to abide by certain rules when he/she gets on the bus/train. The situation at hand is no different, by using their (Cox) service you agree to abide by their rules.
It is a perfectly valid example because it is a description of the actual situation. You lose the context when you try to come up with automobile analogies.

And to top it off, your analogy explicitly fails.
There is certainly no law against being rowdy
There most certainly are such laws. »en.wikipedia.org/wiki/Disorderly_conduct

Which is my point. If such a thing is necessary, then it must be written into law if attempts are being made to enforce it as a law.

Because when you encode it into law, the people are protected by virtue of having representation to enact and repeal that law, as well as oversight and checks/balances.

If it is the right thing to do, then there is no reason why it shouldn't BE a law. But if it is not a law, then it should not be enforced as such.


wifi4milez
Big Russ, 1918 to 2008. Rest in Peace

join:2004-08-07
New York, NY

said by thevorpal1:

said by wifi4milez:

said by thevorpal1:

Because these companies can effectively enact policies that go beyond what is required by legislation in an effort to serve as a policing body, they are attempting to expand their jurisdiction in a manner that is hostile to the People of that community.

Thats a bad example. Look at another way, millions of people ride buses/trains everyday. Almost every bus/train has rules that seek to reduce rowdy behavior. Customers that are really loud and cause problems for other riders will be kicked off the bus/train. There is certainly no law against being rowdy, however the rider agrees to abide by certain rules when he/she gets on the bus/train. The situation at hand is no different, by using their (Cox) service you agree to abide by their rules.
It is a perfectly valid example because it is a description of the actual situation. You lose the context when you try to come up with automobile analogies.

And to top it off, your analogy explicitly fails.
There is certainly no law against being rowdy
There most certainly are such laws. »en.wikipedia.org/wiki/Disorderly_conduct
Another bad example on your behalf. You can/will get kicked off a bus/train for non-arrestable offences. For instance, in many cities eating and drinking on a bus will get you kicked off. That is certainly not disorderly conduct, and you will not be charged with anything; just asked to leave. The same applies to rowdy behavior. If what you are doing on the bus/train is interfering with the other passengers (playing music or talking loudly), you will be asked to leave. Again, in most cases you will not be subject to arrest for disorderly conduct as you have broken no law and have simply gone against the rules of the bus/train. Only if you refuse to disembark from the bus/train are you then subject to disorderly conduct, as THAT is an offence. Lets hope we are done here, as you arent going to win this one.
--
If history teaches us anything, it teaches that simple-minded appeasement or wishful thinking about our adversaries is folly.
-Ronald Reagan-

thevorpal1

join:2007-11-16
Alexandria, VA

Actually if you look at your post, you have proved my point.

Again, in most cases you will not be subject to arrest for disorderly conduct as you have broken no law and have simply gone against the rules of the bus/train. Only if you refuse to disembark from the bus/train are you then subject to disorderly conduct, as THAT is an offence.
This is my point.

You eat on the bus, and someone complains (The copyright holder) to the conductor.

The conductor complies with the rules, asks you to stop eating, and calls the police when you become disorderly (Passing along the DMCA request)

The police arrive and cite you for disorderly conduct (The copyright holder presents evidence and sues you in civil court)

That is why this is a major issue, by COX acton on its own initiative, it cuts out the legal protections that were enacted because DMCA complaints in and of themselves do NOT carry any legal weight as evidence of wrongdoing.


wifi4milez
Big Russ, 1918 to 2008. Rest in Peace

join:2004-08-07
New York, NY

said by thevorpal1:

Actually if you look at your post, you have proved my point.

Again, in most cases you will not be subject to arrest for disorderly conduct as you have broken no law and have simply gone against the rules of the bus/train. Only if you refuse to disembark from the bus/train are you then subject to disorderly conduct, as THAT is an offence.
This is my point.

You eat on the bus, and someone complains (The copyright holder) to the conductor.

The conductor complies with the rules, asks you to stop eating, and calls the police when you become disorderly (Passing along the DMCA request)

The police arrive and cite you for disorderly conduct (The copyright holder presents evidence and sues you in civil court)

That is why this is a major issue, by COX acton on its own initiative, it cuts out the legal protections that were enacted because DMCA complaints in and of themselves do NOT carry any legal weight as evidence of wrongdoing.
Yawn, you dont listen very well. You are going to try and twist this any way you can to support your point, even when its clear you are incorrect. I am done here.
--
If history teaches us anything, it teaches that simple-minded appeasement or wishful thinking about our adversaries is folly.
-Ronald Reagan-


NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:11
Reviews:
·SONIC.NET
·Pacific Bell - SBC
reply to thevorpal1

But the DMCA does provide for you to contest the notice. And if you do contest the notice, I am reasonably sure that will force the **AA's hand; either put up (sue), or shut up. I should think that Cox would consider a response from their user challenging the DMCA notice as a "counterstrike". Well, they should consider it as such.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum