slackerinabox
Lifer
- Mar 15, 2003
- 12,668
- 103
- 106
What about countless class action lawsuits against them? I'm sure we can find a press-hungry lawyer out there..
My company would fire me for sharing files from their VPN.Originally posted by: Rogue
Technologically, it's probably easy to beat them at their own game. Something I realized one day is that when I VPN into my employer's network, my public IP address is the internally assigned IP address of my employer's network, at least as far as I can tell. Anyone else notice this?
Originally posted by: AkumaX
bonkers, use kazaa lite 2.4, blocks riaa ips![]()
So how would that not apply to what nycromes said? When judges write opinions they draw lines in gray areas and explain their reasoning. It doesn't matter if the judge is an judicial activist or believes in judicial restraint, whatever their decision is, it becomes the law in that jurisdiction until it is overturned (stare decisis). What you described is a civil law system which is prevalent in Europe, but our common law system (adopted from England) allows judges to "make" the law.Originally posted by: tcsenterJudges interpret laws the legislature passes, which is to say courts try to ascertain what the legislature intended the law to mean and how the legislature intended it to apply.Hmm, are you sure about this? Judges do have the power to interpret laws, and because of our common law system their decisions have binding power in their jurisdiction.
Courts do not determine public policy (activist courts excepted), that is the job of the legislature.
Haahbwhahahaa!!Originally posted by: NogginBoink
Bullshit."There's no way either us or our daughter would do anything we knew to be illegal," Pate said, promising to remove the software quickly. "I don't think anybody knew this was illegal, just a way to get some music."
Originally posted by: freedomsbeat212
You know, if P2P trading is shut down I'm just going to have to go to the library to get the newest albums and rip them myself.. Or maybe the RIAA would shut down public libraries as well..
Originally posted by: freedomsbeat212
What about countless class action lawsuits against them? I'm sure we can find a press-hungry lawyer out there..
Originally posted by: dtmbb92
Ok. Serious Question. I'm just wondering. How many people here are going to stop downloading music and things because of this?
Originally posted by: dtmbb92
Ok. Serious Question. I'm just wondering. How many people here are going to stop downloading music and things because of this?
Which is why I already stated: Had you said "constitutional", maybe, but "legal", no.err.... yes. but then they also evaluate constitutionality.
Sure, in civil cases arising from a civil dispute between two parties. Judges do not 'make law', they base decisions on common law principles where no law exists to enforce or uphold.So how would that not apply to what nycromes said? When judges write opinions they draw lines in gray areas and explain their reasoning. It doesn't matter if the judge is an judicial activist or believes in judicial restraint, whatever their decision is, it becomes the law in that jurisdiction until it is overturned (stare decisis). What you described is a civil law system which is prevalent in Europe, but our common law system (adopted from England) allows judges to "make" the law.
Originally posted by: morkinva
Originally posted by: AkumaX
bonkers, use kazaa lite 2.4, blocks riaa ips![]()
Just that version? Not 2.0 ?
Originally posted by: tcsenter
Which is why I already stated: Had you said "constitutional", maybe, but "legal", no.err.... yes. but then they also evaluate constitutionality.
Miss that part?
err.... yes. but then they also evaluate constitutionality. In some cases, it's just basic stuff, but in other cases, it's far more platonic than aristotilean interpretation. For example, the role that prevailing public opinion plays in cases like sodomy or the michigan admissions policy.
I think you are referring to 'civil' in a different context. There is 'civil' in criminal vs. civil courts, and 'civil' in common vs. civil law. But they're different concepts, and I digress. The basic point is that courts have discretion to interpret laws in their jurisdiction (here, pertaining to copyright), and what they decide becomes law. Basically, until the decision is overturned by statute or another judicial decision, the ruling in ____ vs. ____ becomes the way the law is interpreted. The law on paper is often generally written and does not provide a clear answer to a question (e.g. is tape recording a radio part of fair use?) so whatever the decision is on ____ vs. ____, becomes the law (yes, it is fair use, or no, it isn't). That's what I meant by 'judge-made' law.Originally posted by: tcsenter
Sure, in civil cases arising from a civil dispute between two parties. Judges do not 'make law', they base decisions on common law principles where no law exists to enforce or uphold.
