Comments on: RIAA Attorney Appointed to Top DOJ Position http://www.ipwatchdog.com/2009/01/19/riaa-attorney-appointed-to-top-doj-position/id=1594/ Patents, Software Patents, Patent Applications & Patent Law Thu, 09 Feb 2012 02:54:32 +0000 hourly 1 By: Melina Benninghoff http://www.ipwatchdog.com/2009/01/19/riaa-attorney-appointed-to-top-doj-position/id=1594/#comment-4402 Melina Benninghoff Wed, 27 May 2009 22:35:32 +0000 http://www.ipwatchdog.com/?p=1594#comment-4402 I am a <a href="http://www.benninghofflaw.com” target="_blank" rel="nofollow">Fresno Lawyer</a> and was a D.DA for Kings County for 12 years and ran up against a similar case. I believe the hardest issue they have to overcome is protecting the privacy of the people while proving Copyright, Intellectual Property Rights, and Licensing Issues have been violated. Money from any presidential supporter does not allow their organization free access to federal judges to obtain warrants of any nature unless they have obtained proof in a legal way. This makes investigations hard and I don't see any resolutions to this anytime soon. As to the case I had.....I had to drop the charges. I am a Fresno Lawyer and was a D.DA for Kings County for 12 years and ran up against a similar case. I believe the hardest issue they have to overcome is protecting the privacy of the people while proving Copyright, Intellectual Property Rights, and Licensing Issues have been violated. Money from any presidential supporter does not allow their organization free access to federal judges to obtain warrants of any nature unless they have obtained proof in a legal way. This makes investigations hard and I don’t see any resolutions to this anytime soon. As to the case I had…..I had to drop the charges.

]]> By: syber http://www.ipwatchdog.com/2009/01/19/riaa-attorney-appointed-to-top-doj-position/id=1594/#comment-316 syber Tue, 20 Jan 2009 15:27:54 +0000 http://www.ipwatchdog.com/?p=1594#comment-316 As a prosecutor, maybe he will find his past catching up with him. Many sued by both the riaa and directv were in fact fraudulent suits. A suit where the target was simply not the one who did it. This means that both the riaa and directv stated in the summons and complaint that they had the evidence that they did something wrong when in fact they did not. Where someone knowingly files a false complaint to profit from that filing would be fraud. To make it worse, the target had to settle, pay money because they could not defend due to the high cost of litigation. I was one such victim and from the date that I received my first letter, I asked both state and federal justice authorities to protect me from this false suit. No one would. I settled and now cannot be a complainant or ask that someone be charged with these crimes. Now as a victim of crime, I have been barred by private settlement from proper reporting. Because justice ignored me, I will now ignore justice. The next time I am a juror, justice will be treated the same as it treated a victim of crime. Next time the state wants a witness, I will do just what justice has done to me. Good luck as a prosecutor, It is my hope that I can be your witness or Juror. repulsive as it may be, when justice ignores a crime victim, it is far worse then when a victim ignores justice. As a prosecutor, maybe he will find his past catching up with him. Many sued by both the riaa and directv were in fact fraudulent suits. A suit where the target was simply not the one who did it. This means that both the riaa and directv stated in the summons and complaint that they had the evidence that they did something wrong when in fact they did not. Where someone knowingly files a false complaint to profit from that filing would be fraud. To make it worse, the target had to settle, pay money because they could not defend due to the high cost of litigation. I was one such victim and from the date that I received my first letter, I asked both state and federal justice authorities to protect me from this false suit. No one would. I settled and now cannot be a complainant or ask that someone be charged with these crimes. Now as a victim of crime, I have been barred by private settlement from proper reporting. Because justice ignored me, I will now ignore justice. The next time I am a juror, justice will be treated the same as it treated a victim of crime. Next time the state wants a witness, I will do just what justice has done to me. Good luck as a prosecutor, It is my hope that I can be your witness or Juror. repulsive as it may be, when justice ignores a crime victim, it is far worse then when a victim ignores justice.

]]> By: Gene Quinn http://www.ipwatchdog.com/2009/01/19/riaa-attorney-appointed-to-top-doj-position/id=1594/#comment-314 Gene Quinn Mon, 19 Jan 2009 23:29:04 +0000 http://www.ipwatchdog.com/?p=1594#comment-314 AF- Nice catch. Thanks. I made the fix. I must have gotten caught between talking about it providing immunity and shielding from liability. Thanks for reading IPWatchdog.com. -Gene AF-

Nice catch. Thanks. I made the fix. I must have gotten caught between talking about it providing immunity and shielding from liability.

Thanks for reading IPWatchdog.com.

-Gene

]]> By: A_F http://www.ipwatchdog.com/2009/01/19/riaa-attorney-appointed-to-top-doj-position/id=1594/#comment-313 A_F Mon, 19 Jan 2009 23:26:13 +0000 http://www.ipwatchdog.com/?p=1594#comment-313 Eugene wrote: In this situation § 512(c) acts as a safe harbor, shielding the ISP from immunity provided certain protocols are followed and infringing material is ultimately taken down. make that "liability" instead of immunity, otherwise the ISP would have a problem in case of a valid DMCA takedown ;-) Eugene wrote:
In this situation § 512(c) acts as a safe harbor, shielding the ISP from immunity provided certain protocols are followed and infringing material is ultimately taken down.

make that “liability” instead of immunity, otherwise the ISP would have a problem in case of a valid DMCA takedown ;-)

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