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Judge Alsup Threatens To Bar Further Malibu Media Cases In His District Until The Accuracy Of The Geolocation Technology Is Fully Vetted

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Judge Alsup Threatens To Bar Further Malibu Media Cases In His District Until The Accuracy Of The Geolocation Technology Is Fully Vetted

Postby sunnyd » Mon May 15, 2017 6:29 pm

Story : https://fightcopyrighttrolls.com/2017/05/10/judge-alsup-threatens-to-bar-further





When a copyright troll Malibu Media (X-Art) re-infested California in September 2015, Northern District’s Chief Judge Phyllis Hamilton ordered all Malibu’s cases, including any future ones, to be assigned to Honorable William Alsup – one of the most thorough and technically literate federal judges. I was pleased with this development, and my gut feeling didn’t betray me: for the last 18 months, Judge Alsup, while reluctantly permitting ex-parte discovery, has been giving X-Art and its lawyers a hard time, apparently clearly understanding Malibu’s get-quick-rich-at-expense-of-ruined-families scheme.

I covered this judge’s disdain for the shakedown scheme on more than one occasion on Twitter and in this blog:

•03/11/2016: Judge Alsup denies defendants’ motions while expressing doubt about the strength of Malibu Media’s lawsuits
•04/06/2016: Judge Alsup benchslaps Malibu Media’s attorneys, kills 15 cases
•06/22/2016: Judge thwarts copyright troll’s sneaky practice of securing safe retreat from potentially meritless lawsuits
•06/20/2016: Judge Alsup questions accuracy of Malibu Media’s geolocation technology, stays subpoena







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Re: Judge Alsup Threatens To Bar Further Malibu Media Cases

Postby sunnyd » Mon May 15, 2017 6:31 pm

Also see...

Judge Alsup Threatens To Block Malibu Media From Any More Copyright Trolling In Northern California

https://www.techdirt.com/articles/20170 ... rnia.shtml

Yes, we keep seeing Judge William Alsup appear on these pages, as he keeps getting high profile tech related cases. And, while we don't always agree with his decisions, I don't think that anyone can argue that he isn't careful and thorough in making sure he understands the technology involved in these cases. The most well-known example of this, of course, was the time he taught himself to program Java to understand the deeper issues in the copyright dispute over Java's API's (which helped him make the right call in saying API's were not eligible for copyright protection -- a ruling that was unfortunately overturned by the Federal Circuit). More recently, Judge Alsup also got some attention for demanding lessons and reading materials in how to build LiDAR systems, to understand the trade secrets fight between Uber and Waymo over their LiDAR technology. And, just as a reminder, he's not talking about basic level stuff here:

Please keep in mind that the judge is already familiar with basic light and optics principles involving lens, such as focal lengths, the non-linear nature of focal points as a function of distance of an object from the lens, where objects get focused to on a screen behind the lens, and the use of a lens to project as well as to focus. So, most useful would be literature on adapting LiDAR to self-driving vehicles, including various strategies for positioning light-emitting diodes behind the lens for best overall effect, as well as use of a single lens to project outgoing light as well as to focus incoming reflections (other than, of course, the patents in suit). The judge wishes to learn the prior art and public domain art bearing on the patents in suit and trade secrets in suit.

Yeah. So. It was probably a good thing that, a year and a half ago, the Chief Judge in the Northern District of California, said that any new Malibu Media copyright trolling cases had to go in front of Judge Alsup. Malibu Media, of course, is the US's biggest copyright troll, responsible for a fairly insane percentage of all the copyright infringement lawsuits filed in the US. We've had a ton of stories about the company and some of its fairly shady practices in copyright trolling. Malibu Media, of course, is also a sleight of hand, as it's actually the porn company better known as X-Art. It's also been connected to the famous "international men of mystery", often referred to as Guardaley - a German company, that's gone through various name changes, and seems to be behind numerous copyright trolling operations.
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