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Judge rules IP addresses not enough info for movie piracy offenders

One Florida judge is shaking up how to make pirates walk the plank, by ruling IP addresses alone are not enough information to prove identity.

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Movie piracy isn’t new, but this is

Movie piracy has been an unfortunate buzz word for a while. The latest instance of piracy surrounds the action movie Manny. Filmmakers of Manny have filed hundreds of lawsuits against BitTorrent pirates this year, unfortunately, not all of them have been successful.

BitTorrent is a file sharing site where you can share files from device to device, without syncing through the cloud, making it a virtual paradise for pirating, especially for the sharing of films and music.

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One Florida judge is shaking up how to makes these pirate walk the plank, however. In a prominent ruling Florida District Court Judge Ursula Ungaro refused to issue a subpoena, arguing that IP address evidence alone is not enough to show who has downloaded a pirated movie. Most reports and lawsuits surrounding piracy fly low on the radar, but U.S. district courts are swamped with piracy lawsuits, particularly those involving film piracy.

Hundreds of lawsuits spanning numerous districts

Before Manny, you may remember the third installation of The Expendables made news, due to it’s highly pirated popularity which effected the gross income of the official release. Now, Manny is put in a similar situation, however, over the past few months they have filed 215 lawsuits, spanning several districts, targeting pirates.

Previously, IP addresses were relied upon as solid evidence as to whom was downloading what, from which device, but Judge Ungaro’s ruling chages up the copyright game quite a bit. No longer will courts be able to grant a subpoena to force an Internet provider to disclose the details of an account holder, based solely on IP address evidence, at least not in Florida. This ruling could be used nationwide to change how information is gathered.

The logic behind the ruling

Universities, libraries, cafes, and other publicly frequented placed, give users access to their Internet services, without recording which individual is using the device. Maybe you loaned a computer to a friend, maybe you’re part of a shared hosting server; multiple client devices can appear to share IP addresses: either because they are part of a shared hosting web server environment, or because a proxy server is acting as an intermediary agent on behalf of its customers, in which case the real originating IP addresses might be hidden from the server receiving a request. Basically, more than one human can be behind an IP address and it’s about time the court recognized it.

Judge Ungaro actually asked the Manny film team to explain how an IP address can pinpoint the actual person who downloaded a pirated film. As well as, how geolocation tools are good enough to prove that the alleged pirate resides in the Court’s district. Their answer? Not a good one, stating, “’all other courts’ [believed an IP address had nothing to with a person and disregarding this notion could set] a ‘dangerous precedent.’”

Not what Judge Ungaro wanted to hear. She stated, “Due to the risk of ‘false positives,’ an allegation that an IP address is registered to an individual is not sufficient in and of itself to support a claim that the individual is guilty of infringement.”

IP not enough to establish a user’s identity

“As in those cases, Plaintiff here fails to show how geolocation software can establish the identity of the Defendant. Specifically, there is nothing linking the IP address location to the identity of the person actually downloading and viewing the copy righted material and nothing establishing that the person actually lives in this district.” Judge Ungaro goes on the state, “even if this IP address is located within a residence, geolocation software cannot identify who have access to that residence’s computer and who would actually be using it to infringe Plaintiff’s copyright.”

This ruling in particular, focuses on the piracy of film, this ruling could be applied to numerous other areas where IP addresses are typically requested, or used as “evidence.” Other states may soon follow suit with Florida and find that IP addresses alone are not enough to confirm the identity of the offender.

Not all judges as enlightened as Ungaro

While not all judges may be as enlightened as Judge Ungaro, this order certainly makes it harder for copyright holders to blindly subpoena an entire list of IP addressses without additional proof. It also gives other defendants, in similar situations, a place to start.

Even in light of this ruling, movie piracy is still against the law and subject to some pretty hefty fines; so don’t hide behind your IP address, waving your free movie flag, because technology is constantly evolving and one day, the movie piracy police will have enough proof to show up at your door. Aargh.

#MoviePiracy

Jennifer Walpole is a Senior Staff Writer at The American Genius and holds a Master's degree in English from the University of Oklahoma. She is a science fiction fanatic and enjoys writing way more than she should. She dreams of being a screenwriter and seeing her work on the big screen in Hollywood one day.

Business News

Reopening the nation: Best done by sector or calendar?

(BUSINESS NEWS) Analysis suggests reopening economies in phases in each country. How will we find harmony between economic, epidemiological, and political leaders?

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After months indoors Americans are eager to reopen the economy. The United States has experimented with a series of stay-at-home orders, lockdowns, and quarantines (the difference between these strategies being geographical and frankly, not always clear). However, the movement to stay home started with closed borders and reduced travel, and gradually became more restrictive as America fell in step behind other countries just in time to become the world’s hotspot for coronavirus infections.

After fraught disagreement between economists, scientists, and politicians, only a few things are certain to date: the economy has collapsed, 30 million people have lost jobs, more than 1.6 million people have been infected, and nearly 100,000 people have died as of this writing.*

Conversations have shifted from saving lives to saving both lives and livelihoods. Economists are making the case that a contracted economy magnifies health risks, and therefore potential mortality unrelated to or complementary to COVID-19 deaths. As such, it is time to consider various strategies for reopening the economy as a public health strategy not independent of hygienic and other measures.

Seven mostly friendly-looking suited-up white dudes from the University of Lausanne in Switzerland have analyzed a series of reopening strategies for the world to consider at this confusing, scary, and still uncertain juncture of how to proceed with defibrillating closed economies worldwide.

They concluded that a phased reopening by sector would balance the need to stimulate economic activity while minimizing epidemiological risk. They suggest that the order of sectors to reopen in each country should be chosen based on their inability to conduct core business from home, importance to the national economy, value added per worker, and business viability. You can read their full argument and the other strategies they evaluated here.

“This strategy has the virtue of being adaptive — as data is gathered following each sector-wide reopening, adjustments can be made concerning the timing of subsequent phases, and protective measures adopted in previously released sectors can be copied and improved as more is learned about the epidemic,” the team said.

The United States has already begun a regional reopening approach where Trump conceded that the states would determine their own reopening plans in phases. This strategy has already caused tension between states and municipalities (for example as between the large state of Texas and its highly populated capitol Austin).

Though the HBR argument is compelling, again, we find ourselves at a frustrating clash of experts in their fields. No matter how the economy is reopened, an increase in infections is likely if not inevitable as soon as more people return to a high-contact lifestyle – a point that scientists and epidemiologists have emphasized heavily. It also gives no mention of the role of testing and tracking the spread of the disease, and the path to population-level immunity whether by herd or vaccine.

Furthermore, this economic approach appears not to consider complementary supply chains and the interconnectedness of local, national, and global economies. Limiting travel was a key factor in slowing the spread and allowing control to become more localized, but much of the economy relies on the movement of people and things across communities.

Unfortunately, these decisions are ultimately made at the policy level. The United States government has proven itself incapable of a united approach to stemming the severity of this disease. Vaccines are in development, but it seems likely that when one is selected and approved for mass distribution, the decision will also be a political one. All of these considerations are ones Americans should bring to the ballot box in November. Or rather – to the mailbox with an absentee ballot, if we don’t manage to completely destroy our democracy between now and then.

*Such statistics, though widely cited, may be underreported or misrepresentative of the whole picture, as we learned about artificially deflated test rates in Texas last week.

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Business News

Survey indicates that small businesses are optimistic despite COVID-19

(BUSINESS NEWS) Facebook survey captures tumult of spring 2020 on small and medium business, with a dash of optimism going into the summer.

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This story contains information that probably will not evoke shock and awe by now, but is nonetheless upsetting. Stop now and check to see if you need a news cycle break before ingesting more garbage depressive news about the economy – but if you can wade through it, I promise it ends on a high note!

Though Facebook CEO Mark Zuckerberg is running amuck in the political world like one of those signs at restaurants that say “unattended children will be given ice cream and a puppy,” Facebook continues to effectively build an online community of more than 2.6 billion people worldwide – including more than half of the population in the United States. Given their audience and ease of access to business owners, they decided to use their powers for good for once to survey small and medium businesses.

The survey returned responses from 38,078 business owners and managers, 39,104 employees, and 8,694 personal enterprises in the United States (total of 85,876 respondents). Respondents’ industries spanned manufacturing, retail, services, logistics, hospitality, construction, and agriculture. Thirty-three percent of businesses were urban, forty-two percent were urban, and twenty-five percent were rural.

Here’s where it gets depressing: thirty-one percent of businesses reported closing in the last three months, with 71 percent of those closing since March 1. For personal businesses, 52 percent are closed. Of those businesses still operating, 60 percent reported a reduced workload, and 60 percent also report struggling with finances. Employee wages, bills, and rent were the top areas of financial concern.

So how is this important segment of the economy surviving the crisis? Forty-one percent of business owners and managers said they could pull from personal savings, but 45 percent said zero-interest loans were the most helpful option to subsidize lost business.

Unsurprisingly, 79% of businesses say they have made some change to operations to accommodate their customers and keep things moving, like using digital tools and delivery services.

The survey found some interesting geographical differences, for example, that businesses in the Southeast have made slightly more physical adjustments to business like offering curbside pickup and home delivery. They also found differences in strategy by leadership gender: “Businesses led by women are more likely to be using digital tools, particularly with online advertising (43%) and digital payment tools (40%), compared to just 37% and 34%, respectively, of businesses led by men.” And the differences don’t stop at the strategic level. More women owner-managers (33%) reported that managing life in a pandemic at home was affecting their ability to focus on work than men (25%).

Amongst all the chaos, people are optimistic about the future. In fact, 57% of owner-managers are optimistic or extremely optimistic about the future of business. For employees, the results were surprisingly similar. Even though only 45% of SMB owner-managers and 32% of personal businesses reported that they would rehire the same workers when their businesses reopened, 59% of both the employed and unemployed were at least somewhat optimistic about their future employment.

And now for a quote from President Barack Obama’s 2008 New Hampshire Primary speech amidst our last recession, without a smidge of tacky irony or liberal preaching: “We’ve been warned against offering the people of this nation false hope. But in the unlikely story that is America, there has never been anything false about hope. For when we have faced down impossible odds; when we’ve been told we’re not ready, or that we shouldn’t try, or that we can’t, generations of Americans have responded with a simple creed that sums up the spirit of a people: ‘Yes we can.’”

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Business News

Who will get to work from home once COVID-19 stay-home orders are over?

(BUSINESS NEWS) Many large tech firms review and update their work from home policies. This could be presented as THE biggest work perk of 2021.

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The large tech firms that we all know and use frequently are making big announcements on their timing and policies for their employees to work from home as updates on COVID-19 come in.

Square and Twitter have said many employees will work from home indefinitely – even after states begin to open back up. Google, Facebook, and Microsoft have all extended dates on returning to offices. You can read more details here on The Verge.

Let’s break down some pros and cons – especially if this means that working from home will become the hottest recruiting tool in the future. Like ping pong tables and Friday at 4pm beer carts once were.

Some high-level things that contribute to why people love (or tolerate) their W2 jobs:

  • They like the PEOPLE they work with
  • They have a feeling of purpose, and genuinely enjoy the work
  • There are miscellaneous perks (gym membership reimbursement, free cafeterias, personal development workshops, tuition reimbursement, travel opportunities)
  • Their employer helps to pay for healthcare benefits, and makes 401K contributions
  • Their team rotates, and they get to work from home once in a while*

*This is nice to allow some flexibility. Employees can choose to treat their morning how they would like (maybe wake up a little later, or enjoy their coffee at a coffee shop). It allows them to not rush out the door to sit in traffic, or on the bus or train. They can take the day off of wearing real pants, and work in pajamas. Heck, they can even save time on Saturday or Sunday by doing the laundry on their work from home (WFH) day. It could also be a great opportunity to fit in doctor appointments, or have real quality focus time – missing less of the work day.

This is NOT an implication that people work less that day, in fact working from home, you usually work more because there are not things that force you to break up the day like the commute, meetings, or lunch with your colleagues.

Some high-level things that might contribute to the desire to be an entrepreneur:

  • Your work is a main piece of your identity – usually being a product or service that YOU created, and it leverages a perfect marriage of your talents, skills, and passions
  • You likely get to be your own boss, and make your own creative decisions
  • You constantly have the opportunity to learn, and this can be great for those who love the constant change and challenges
  • It’s just never really worked out for you to work for someone else, or for a corporation
  • Something drives you to build something of your own
  • Working from home* in all its glory

*A common misconception of the entrepreneurship or freelance lifestyle is that you work from home or a coffee shop, and it’s oh so very sexy and freeing, and you get to do whatever you want whenever you want. While arguably, yes, you do have more control over your schedule, and there are perks to your own business; likely you are working 24/7, and wearing every single hat from the Producer to Customer Services to Finance to the Accounting department. This requires you to be really open to learning or knowing what you don’t know, and possibly hiring experts.

So, moving forward, will the “you can work remotely! From wherever you’d like” become the hottest recruiting trend of 2021? Here’s why we predict that may not be the best way to move forward.

  1. People are social creatures. Working from home sporadically vs 100% of the time are two completely different things. You could possibly lose the momentum with your teams if they no longer know and trust one another. Plus, no doubt there will be turn-over, and when there are numerous parts and teams, it can be helpful for them to have in person experiences together.
  2. Does this make sense for the commercial real estate industry, and the leases that have been signed? It’s unlikely that many large corporations just perfectly timed their leases that align with COVID-19. Many will likely want to bring people back just for that fact.
  3. All of this takes an enormous amount of money, additional tech support, and infrastructure, (not to mention mailing costs for all office equipment, etc.) and it’s not possible that only the most profitable firms will prevail and be able to do this.
  4. How would large cities (read: high cost of living) like the Bay Area be able to retain talent, and/or why would you pay to live there if you can live anywhere. This could drastically shift urban planning and development.

We just don’t see it moving all the way to the extreme of all knowledge workers working from home indefinitely. If you want to see how people are feeling about working from home, you have to check out this Buzzfeed article, “Zoom Fatigue is Real, And You Probably Have It If You Relate to These 16 Tweets.”

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