Diary of a Narcissistic Misanthrope

I like to think I’m an acquired taste, like old whiskey or arsenic in your tea

My name is Clarence (Hello), born in 1988, i got my undergrad degree in Sociology (with a concentration in Women's Studies) and I'm utterly terrified. I'm scared of everything, people, my own feelings and sometimes even being but really there's nothing much to be done about that despite what I say. And I will say a lot about how my life has no meaning and i want to die (which is the majority of the time) but sometimes it seems like life is worth living for and everything in it is a spectacular explosion of awe inspiring wonder (which is usually a three week span some time in March). If it seems odd to read think what it might be like living it. So to get off the topic of terror I prefer stories es. I like to read them, I love to live in them and there is nothing better to me than a story so I guess this blog is a story mostly about me. Don't bother trying to find themes, connection or messages in what I post cause there really aren't any (unless they are completely accidental).

This blog is a story about what I find, what I feel and what I think so to that end I collect things to post or reblog. Its not meant to be anything truly meaningful or interconnected, just fun (mostly fun for me if you don't like it you can fuck right off) This is collection of all the the weird and interesting links from around the net that I find, comics, technology, comedy, current events, sociology, general geek/nerd interest, and more weird stuff. I think it makes for the closest representation to who I am that I've ever done and it just keeps growing bigger which is most of the fun. Please feel free to talk to me and don't mind the depressive tone i will probably be using. I like to think I'm somewhat fun if also a complete idiot.
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Posts tagged "ACTA"

The mass-BitTorrent lawsuits that are sweeping the United States are in a heap of trouble. After a Florida judge ruled that an IP-address is not a person, a Californian colleague has gone even further in protecting the First Amendment rights of BitTorrent users.

The judge in question points out that geolocation tools are far from accurate and that it’s therefore uncertain that his court has jurisdiction over cases involving alleged BitTorrent pirates. As a result, 15 of these mass-BitTorrent lawsuits were dismissed.

In recent years more than a quarter million people have been accused of sharing copyrighted works in the United States.

Copyright holders generally sue dozens, hundreds or sometimes even thousands of people at once, hoping to extract cash settlements from the alleged downloaders. The evidence they present to the court is usually an IP-address and a timestamp marking when the alleged infringement took place.

Early 2010, when these mass-lawsuits began, copyright holders targeted IP-addresses from all across the US in single lawsuits. This led some judges to dismiss cases because their courts have no jurisdiction over people who live elsewhere.

As a result, copyright holders switched to a new tactic. Before filing a suit they ran their database of infringing IP-addresses through so-called “geolocation” services so they could argue that the defendants most likely reside in the district where they were being sued.

This worked well for a while, but a new ruling by California District Court Judge Dean Pregerson puts an end to this new approach, killing 15 lawsuits in the process.

According to Pregerson, alleged BitTorrent pirates are protected by the First Amendment as they are “engaging in the exercise of speech, albeit to a limited extent.” Therefore, the copyright holder’s request to identify anonymous internet users has to meet certain criteria.

One of the requirements is that it’s absolutely clear that the accused are residents of the region where the court has jurisdiction, but according to Judge Pregerson it is not sufficient to use the results from a “geolocation” tool to prove it.

In a previous order the copyright holder – movie company Celestial Inc. – was asked to convince the court of the accuracy of these tools. In a reply Celestial referred to a website which contained some general claims as well as a quote from the company that collected the evidence, but it wasn’t enough.

“Based on Plaintiff’s own reliability claims, there may still be a 20 to 50 percent chance that this court lacks jurisdiction,” Judge Pregerson writes in his order.

The Judge adds that even if there is a slight chance that these tools are wrong, he simply can’t sign off on the subpoena request.

“Even if the most advanced geolocation tools were simply too unreliable to adequately establish jurisdiction, the court could not set aside constitutional concerns in favor of Plaintiff’s desire to subpoena the Doe Defendants’ identifying information.”

“Again, it is the First Amendment that requires courts to ensure complaints like this one would at least survive a motion to dismiss, before the court authorizes early discovery to identify anonymous internet users.”

The IP-address lookups and additional information provided by Celestial Inc. can’t guarantee that the defendants do indeed reside in California, and Judge Pregerson therefore dismissed the 15 mass-BitTorrent lawsuits the company filed at his court.

It also means the end of mass-BitTorrent lawsuits in the Californian court, as no geolocation tool is 100% accurate.

While the ruling doesn’t mean the end of all mass-BitTorrent lawsuits in the US just yet, it appears that there’s a growing opposition from judges against these practices.

For example, two weeks ago we reported on a related ruling in which a Florida judge dismissed several cases because an IP-address doesn’t identify a person. In other words, even when a court has jurisdiction, the copyright holder can not prove that the account holder connected to the IP-address is the person who shared the copyrighted file.

If other judges adopt either of the rulings above, it means the end of mass-BitTorrent lawsuits as we know them.

(via queerencia-deactivated20130103)


“Hey! Let’s piss off the internet by threatening to nuke the internet via a censorship bill! It’ll be hilarious, you guys!”

No one in their right mind would say that, right?

Oh… wait.

And then…

And then… 

And then…

And then…

And then…

And then…

And then…

And then…

And then…

And then…

We Anonymous are launching our largest attack ever on government and music industry sites. Lulz. The FBI didn’t think they would get away with this did they? They should have expected us.


The following sites were taken down in response to the FBI shutting down megaupload.com


  • justice.gov
  • universalmusic.com
  • riaa.org
  • mpaa.org
  • copyright.gov
  • hadopi.fr
  • wmg.com
  • usdoj.gov
  • bmi.com
  • fbi.gov
  • Anti-piracy.be/nl/
  • ChrisDodd.com
  • Vivendi.fr
  • Whitehouse.gov
  • Anonymous dupes users into joining Megaupload attack

    The Internet Strikes Back #OpMegaupload

    Anonymous Just Deleted CBS.com and Took Down Universal

    Petition Seeks Probe of MPAA ‘Bribery’ Over SOPA


    Conclusion: Threatening to nuke the internet = bad, bad idea. 

    Follow Fight for the Future and AmericanCensorship.org for updates. Just because it’s been shelved doesn’t mean it can’t come back. Also, there’s ACTA, which is SOPA/PIPA on steroids:

    Anonymous’ hijinks may be amusing, but censorship is real. Stay vigilant and stay informed, folks. You never know what shit they’ll say next.