Mike, one thing I'd like to point out is that we've had several congressional elections since the draft of the PATRIOT Act in general. I can see the data in several different ways because of this.
What I boil the data down to is that it seems that both parties are trying to get each other in trouble with the public for power...
The Democrats spoke out against the changes to the PATRIOT Act and the FISA revision in 2006, and yet they voted in favor of them (including one then Senator from Illinois, Barrak Obama...who by then was working on getting his 2008 presidential campaign going). I remember clearly in the media about how Bush Jr was signing bills that would allow the NSA to spy on us...and how the GOP set it all up....After Obama got elected, major news media outlets went silent about it until Snowden blew the whistle...
Now to the Bush Jr's credit...at heart, he had the idea of protection in mind...I don't think anyone in that current congress (save Nancy Pelosi and Joanne Feinstein) knew how to exploit it to their party's advantage. The two biggest Congrssional lobbyers for the Patriot Act were Pelosi and Feinstein...In my view, they took advantage of the intent of the PATRIOT Act...and lobbied to have it revised to what it l has become...Nancy Pelosi lobbied to keep Section 215 by lobbying against the Smith-Amash Act...
Thing to note on my view is that the biggest sign that there is something up is that all those who were once heads of the Congrsssional Intelligence Committee still majorly support Section 215.
I have been a Yahoo Mail user for years...and a number of years before you could log into your gmail account from it, the spam filter busted...
It's infringement because those individual transmissions comprise one performance, in violation of the Transmit Clause.
A performance by legal definition is a TV show, movie, or stage production...being seen on your TV or in the theater...watching a DVD privately is a performance of those that created the movie on it....Aero retransmits the signal to YOUR equipment and nobody else in your PRIVATE residence to you as you PRIVATELY chooses what you want to record and watch...you would be infringing if you put out fliers to complete strangers and charged admission to view your screen of what you recorded....so you are right that it does in fact retransmit the signal to you...but the way it is done is not at all infringing.
Ranked 6th at number of comments this year...I must be slipping... ;-)
Here is to Comment number 1 for me this year :-)
Loved that article...I have just encountered a few situations in my observations of people in bars...the 21 to 25 year old age group is less open about themselves in casual, open, honest, conversation and are willing to embellish abo
FilmOn rebroadcasts transmissions through a single source to multiple separate users (households) and that is why it is infringing...
Once again...I'll make it more simple...because I'm tired of being very explicitly clear...
If you rent the equipment from Aero...it is YOUR equipment...you rent the antenna, and the routers set up as repeaters...but they set it up so that the devices you are renting from them are only accessible by YOUR equipment..that's private...not public. The retransmitted signal is only streamed to you through YOUR antenna...through your routers' signal hops...and cannot be accessed by other Aero users (separate residencies)
If you rent from FilmOn, they use one antenna on the roof to collect the transmission...and rebroadcast the signal globally for anyone to pick up which is a violation of FCC licensing rules ...It is a single source...to multiple users...
This is a painfully obvious difference between the two companies.
Thing is...Aero is using the same methods cable companies do to retransmit signals...by an individual basis through a private (meaning one household at a time) connection.
You're argument suggests that since you can grab something over the air...you can't stream it to yourself...
The issue to your argument on that is that Aero RENTS its antennae and wifi repeaters individually to each customer...for the customer's (note I used the non-plural possessive there) PRIVATE use...so Aero is basically making money off of renting and setting up each uniquely identifiable device for their customers...it's not a repeat performance when you run a rental service on equipment...
FilmOn may be infringing because it has many users using ONE line...and the DATA IS SHARED amongst the users as opposed to coming into each individual user...
All the appeals courts recognize that difference...
Think on this...Alki David has written, produced, a movie for Sony Pictures Entertainment Corporation which is owned by CBS Broadcasting Corporation....his first acting gig was on Fox Entertainment's (the very Fox Entertainment suing Aero) on the TNT show...The Grid...
Legally...public performance means you are charging people in a public venue to see a movie.... Note a movie...not broadcast transmission...and the reason the public performance argument doesn't work against Aero is due to the fact that they service private individuals...broadcast signals can't even be affected by the public performance because of public pubs and bars showing sports on broadcasted networks...
But the legal term of infringement due to the Cablevision ruling clearly states that if the transition is an individual basis and from a unique individual antenna source...the data being retransmitted for a SINGLE customer's needs comes from said antenna...The way the broadcasters suing are arguing in the same way if it were illegal to stream music from a single FM radio signal throughout your house through wireless speakers or devices...Aero rents its antenne out to its customers, sets up a simple wireless network relay to provide a SPECIFIC set of data to be retransmitted the same way...to a specific customer...so it's one line with one PRIVATE user...
FlimOn relies on a single server connected to many users at once...and runs the data to their customers...which is illegal because the source is from one antenna for many customers...which makes it a legally PUBLIC share. It's sort of like patching into your neighbor's cable line...
FilmOn relays the signals to make multiple copies of the broadcast to be shared by multiple users from one hard drive and server (DLNA service like PlayOn) so multiple users have to tune into a single server to access their content....whereas Aero uses one unique antenna and one transmission and one turner per user per antenn and uses a series of repeaters that carry each signal directly to each individual. With Aero, each customer is uniquely assigned but Aero has each individual using their own devices to get signals where FilmOn uses a single distribution sever for multiple users...the latter is very very dark grey legally speaking...and the methods are quite different.
Straight out of Wikipedia...
CBS, ABC, NBC, Fox Broadcasting and their studios won a temporary restraining order against David's FilmOn in November 2010 to prevent unlicensed use of their broadcast signals. David sued CBS, dropped the suit, and sued CBS Interactive in November 2011, alleging copyright infringement due to the CNET website having editorially covered infringing uses of peer-to-peer file-sharing software. In June 2013, David filed a countersuit against the four networks seeking a ruling that providing Internet technology for receiving over-the-air broadcast signals at no charge does not violate broadcasters' copyrights.
This dude is very likely connected to broadcasters...look at his Filmography section on WikiPedia...
But Bush was never directly involved with Section 215's involvement.
If anyone wants to know why some Republicans are comparing Obama to running this country like a Communist? Look no further than how the USSR handled its science division with military rank...and compare it to how various law enforcement agencies are clamoring to keep their methods classified...
They couldn't just use an Airsoft gun could they?
When Nintenfo fans saw this coming, they got laughed at because the WiiU wasn't "powerful" enough and therefore the worst system or "downgrade"...all I can say Wii told U so ;-)
The following may be the best analogy of Prenda Law entirely:
these three guys seem to pass around cases like a group of high school kids under the bleachers passing around a joint.
:-3
Anyway...still the biggest tie to the case is the RIAA...I'm sort of wondering if there is a deeper connection with the RIAA besides Beryl Howell...this might take a LOT of digging.
Did you read the last paragraph of the article or anything beyond my comment about gun control before or after you decided to not read my entire comment beyond the first bit on gun control....
You do realize that most of the theoretical gun laws that would ban them completly are based on asthtetcis of the weapon itself right.
By current military and NATO standards, an assault weapon is a weapon that can switch between semiautomatic and automatic firing modes...that's all it is...the media is responsible for skewing those standards to get ratings and as a result when people see an AR-15...which is only ever a semiautomatic version of a .30 ot 6 with an assault rifle asthetic to it...they all go on as if it were actually an assault weapon just by how the damn thing looks.
The fully automatic firing of weapons in these cases are also severely skewered by mainstream media...in full automatic mode, the M16 assault weapon takes only 4 seconds to empty a 30 round clip...The guns that were fully automatic in any of these cases were modified ILLEGALLY....
Ok so now that gun control is out if the way...I think that the game makes a rather interesting thoughts pop into my head...
First thought is how much more tragic and bloody would the Sandyhook shooting would have been if say a katana were used?
The other point it makes is quite clear...it's not the guns we need to worry about, it's about the person misusing the gun or object to to very bad things that might not be beyond there control. I can tell you that with my own clients that It's hard to predict that kind of behavior or trigger that would indicate someone who is about to shoot a bunch of people through misguided rage. Hell even the TSA hasn't had much success in behavior specialists being able to spot people who rampage like that...the LAX shooting proves the difficulty in it.
Grease fire...
What this says to me...
"When we launch it, all of your previously downloaded content will be available to you anytime, anywhere, without the need for an internet connection."
In other words...everything was designed to look like it was being uploaded and downloaded to EA's servers...when it was really squirreled away on your computer...So what that means the "Always Online" bullshit was just exactly that...bullshit/DRM.