Update: (MGM) v. Grokster, Ltd

I have done a little reading on court cases involving file sharing and the punishments handed down by lower courts. I have noticed that every case that hits the mainstream media the judge wants to make an example out of the guilty offender. Many over-the-top rulings have destroyed some unlucky teenagers’ life because he decided to download a few songs. I know this really doesn’t have much to do with the Supreme Court’s ruling but I have found the background information interesting.
There is so much information on Metro-Goldwyn-Mayer Studios Inc. (MGM) v. Grokster, Ltd that just organizing and reading is going to be my focus for the upcoming week. I plan on reading some facts, opinions, and legal mumbo jumbo to gather a broad view of the case. Yea, the Legal MJ will be the final ruling. Maybe try and tackle this when I’m having trouble sleeping because it will for sure knock me right out. Though, I do look forward to the opinions and facts part.

Facts of the case

On March 29, the Supreme Court listened to arguments in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. The Supreme Court ruled that peer-to-peer file sharing companies could be liable for copyright piracy used over their networks. This was a huge win for record, software and movie companies. It was a unanimous decision and the 9 justices wanted to be clear that companies building their business on file sharing and swapping would be liable for any copyrighted material being transmitted over their system.

"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement," Justice David Souter wrote in the majority opinion.

The ruling gives movie and music companies’ immediate immunity on existing lawsuits being held by file sharing companies. It will also increase revenues for legal downloading sites such as iTunes and Yahoo.

'We are confident that it will be proven that Morpheus does not promote or encourage copyright infringement," said StreamCast Chief Executive Officer Michael Weiss. "We're staying in this for the fight. We're going to continue to innovate and come out with new products."

To this day some other file sharing websites still continue to offer peer-to-peer software despite the fact that their primary use is to pirate copyrighted music, software, and movies.

My Thoughts on My Rights as a Property Owner

Well since I use to be a landlord I have gone through a few issues with renters. I rented two bedrooms to two girls in my house in Florida. Needed to do this because my adjustable rate mortgage was about to come to fruition and the extra income was needed to sustain my lifestyle. Anyway, I allowed both of them to move in without a lease and a small down payment because I knew them and thought they were trustworthy but after a few months I found out that was not the case.
I collected rent for the first 3 months but on the forth I started getting excuses from one and to make matters worse she decided to quit her job. 2 months passed and no money and no job. Three months passed and not even effort to pay.
At this point I tried to kick her out but she had no place to go and refused. I talked to my friend and he basically told me that since I allowed her to move her stuff into my house and had no written contract or lease agreement, I was screwed.
A few months passed and this girl was always at the house, took about 3 showers a day, stole my food, and was a drain on any positive energy I had when I was at home. I dreaded being at home…
Finally, out of the blue I came home from work and all her stuff was moved out, no explanation. Still to this day I have no idea where she went or what has happened to her. Don’t really care.
Morel to the story is get everything in writing and a hefty deposit. The laws to evict someone are loose and take forever if not in a contract. As a landlord read the laws in your state that apply to rentals and be careful who you let rent because if you let someone live in your property the owner seems to lose many rights.

Instant Extra Credit

Three Names I have been called: Bear, Blade, Asshole
Three Jobs I have had in my life (include unpaid if you have to): photographer, valet, sales rep
Three Places I Have Lived: california, arizona, missouri
Three TV Shows that I watch: seinfield, breaking bad, no reservations
Three places I have been: cambodia, thailand, egypt
People that e-mail me regularly mam, dad, sister
Three of my favorite foods sushi, soup, pizza
Three cars I have driven: bmw, saab, audi
Three things I am looking forward to: travel, sleep, graduation

Greed Is Good

Greed is good
In the article published by the Wall Street Journal the writer explains where bonuses were paid and why. I believe that some bonuses were paid justly and some were not. If the contract with the employee has a bonus structure outlined and the person makes the stated goals the bonus should be paid. There is a reason some of these high priced executives make huge sums of money and that is they are worth it. Their knowledge and expertise is supposed to make the company money and therefore justify the large salaries. If they don’t they should be terminated and the company has to deal with the loses on its own. Capitalism, right?
The problem the public has with the large bonuses is they see only that the company is failing and they are receiving taxpayer bailout money. I argue, the government should have given no “bailout” money in the first place and let the free market take over. Where one giant corporation fails another will step in and take its place. Greed is good if you are making the money. If you’re not, you’re bitching and complaining. We as taxpaying citizens elected the government “experts” that decided to offer all the “bailout” funds with no regulations so in many ways we are responsible for the decisions made by the companies and government officials.
I compare this whole situation the 9/11 Patriot Act. In haste and fear we allowed many of rights to be restricted by government because we were scared of future attacks. Our elected politicians voted to pass such legislation without reading the majority of it. I’m sure they were briefed on it… In the future we should pay more attention to who we elect then what company is about to fail and have some faith in capitalism and free market. Just be prepared for the worst or you will be the one bitching and complaining.

"Bong Hits 4 Jesus"

I disagree with the ruling because the student was off the school property. If they had been on school grounds while holding the sign they would be in violation of school policies. I believe if someone has something to say and they follow the legal outlines they should be allowed to say it. The student was not disrupting any event, only stating a phrase. This phrase could be taken many different ways depending on the reader. In no way was it promoting illegal drug use. There was no profanity in this sign only touchy subjects like religion mixed with drug lingo. Bong hits don’t exactly mean marijuana smoking. The bong is a water pipe sold for smoking tobacco. For all I know this guy wanted Jesus to smoke some tobacco. Also Jesus can be a very common name in Mexico so maybe he wanted Jesus to smoke tobacco.

The common sense reaction of the student should to have been to take down the sign once the administrator asked. They had their fun and got whatever point across they were trying too.

Personally this whole thing was a waste of tax-payer money and time for such a minor issue. Just goes to show what happens when strong egos get in the middle of a dispute. Next time hopefully someone will use good judgment and come to a mutual agreement so all the time and money is not used in waste.

Crimes and Torts

1 T-Film tampering2 C-Reefer3 T-False advertising4 T-ILLEGAL Gambling5 C-Threats6 C-Destruction of property7 C-Assault8 C-Drinking on the job9 C-Lying under oath10 C-Payoff witnesses11 C-Bribery12 C-Driving without a license13 C-Sexual harassment14 C-Jaywalking15 C-Speeding16 C-Reckless driving17 C-No seatbelts18 C-Assault with a deadly weapon19 C-Hit and run20 T-Not smogged21 C-Sold a non working car22 C-Off roading23 C-Concealed weapon24 C-Car surfing25 C-Illegal passing26 C-Tailgating27 C-Underage driving28 C-No insurance29 T-Looking at private documents30 C-Attempted murder