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if that bullshit arguement worked you just killed the internet because every single node in the network running tcp/ip packets represents multiple individuals conspiring to make full working copy. by definition that how every picture, video, and line of text is spread across the internet, in tcp/ip packets. Quote:
except the only way a copyright holder could collect evidence for that crime is if they were the downloader the downloader has a right to download it (authorized agent) which means the seeder isn't giving it to someone who doesn't have a right to it that exactly the same situation as me loaning my betamax cassette of knight rider to a friend who had TV/VCR/NBC in his home. the second you put a third party in the mix, the seeder no longer gives away any working copies at all, he gives 1/2 the pieces to person a and 1/2 to person b and then he is done. |
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It's a hell of a lot easier to prove intend when an individual user install an application where the purpose is to only route specific types of "packages" through the internet to combine them into a complete product where the usage and/or distribution of that complete product is unlawful. It's not by any chance compare-able to legitimate infrastructure providers. On top of that an infrastructure provider can be found guilty if they knowingly let their users / customers / agents misuse their networks. The difference is the infrastructure providers do not know exactly what passes through, they may have an idea but the private p2p user can see exactly what passes through by looking in their client software. Quote:
Besides, just because you are an investigator doesn't mean you have the rights to use a full version of what you are sharing. Quote:
And it's not the same as a cassette, you can lend your friend a cassette with knight rider to a friend but you cannot take a copy of your cassette and give him the original or the copy, then you duplicated and distributed the content. You are allowed to make backups of your cassette but if you let someone borrow 1 they have to take all backups too. |
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ever since timeshifting in a cloud has been validated by supreme court the intent of p2p user is no longer just infringement so all of the point you made about the infrastructure provider apply to the p2p transaction my intent is to use the swarm as a timeshifting/backup cloud, for content i paid for the only way you can make that illegal is claim that even 1 infringement happening anywhere within the transaction invalidates all the transactions within the process guess what same logic would have to apply to the internet, intent be damed. Quote:
the process is not infringing by it very nature there are both legitimate and illegitimate actions within the very same swarm and the seeders have NO IDEA which people in the swarm are which. Quote:
see above. Quote:
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look it up Quote:
everything you are saying is not allowed, was explictly complained about (along with making commercial free copies) those rights were all established with timeshifting right in the past, stop trying to take them away from the new technology. |
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If infringements happens because of something you do your responsible. By your logic we should outlaw roads because people are speeding on them. P.S. I love how you say "not JUST infringement" Quote:
Again you can drive a car but it's neither the cars or the roads fault if you commit a crime while driving. Quote:
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even i have no control or even knowledge of which people in the swarm is infringing instead of going after the individual without a right, your saying you should take away my right to timeshift using the swarm. even though i bought the show even though sharing (tape trading) was covered by the original right when it was established Quote:
i want you to only go after the speeder/ the .5% of the population which didn't buy the tv shows leave the 99.5% of the people who did alone because their actions are nothing but the shit that the original timeshifting right allowed. you couldn't speed if cars didn't go that fast you couldn't speed if roads didn't exist as you said if infringement happens because of something you do your responsible my arguement is the exact opposite Quote:
the right was granted by the court they mpaa documented all the rights that court ruling gave the average consumer and bitched that unless the government stepped in to change the law the industry of broadcast tv would die. your trying to add conditions that courts already ruled out conditions that the testimony proves the mpaa knew were granted (becuase they complained those "rights" would kill the indistry) the fact that the congress told the mpaa to fuck off, doesn't invalidate any of those court granted rights. |
i cant afford to download...
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The way the Cablevision system was designed, every time a consumer decided to record a given show, Cablevision would store a separate copy of that program, and each of those copies could be played back only by the consumer who recorded i When you seed in the swarm you 1: Do not know if the user is allowed to view this copy 2: The same copy can be viewed by multiple users 3: Each consumer have not recorded their own program On top of that, from a memorandum I have from several years ago you cannot make a copy of a tv show available to a user of a cloud (remote) DVR that was recorded previous to the user requesting it, it must be recorded AFTER the request was made and recorded for that user specifically. (this may be wrong or have changed, I do not know but that's what I would go based on) |
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your exact words Quote:
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read the case moron because you making arguement that have already been ruled invalid the arguement that public components invalidate the right was denied (they argued it wasn't good enough because it didn't have a hard line between the house and the data center) the fact is every arguement you just made has already been invalidated in that case secondly the highlighted person is dead wrong you do not play the same copy if i paused my copy it would not pause for anyone in the swarm the court case defined the distinction between public transmission and public broadcast making a private copy from a public transmission was ruled to be legal that exactly what both swarm and the cablevision system does a local copy is made, that local copy is played, only one site plays each local copy. |
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that exactly WHY the timeshifting is legal they don't broadcast it from the data center/cloud it exactly because a copy is made on the local machine AND PLAYED FROM THERE that the normal public broadcast rules don't apply you are either the stupidest person alive or your deliberately misrepresenting what i just said on purpose. |
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it wasn't auto deleted. so your arguement is total and utter bullshit |
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If it's your cloud and/or swarm you control it and it's storage. Since you are incapable of removing the data or make modifications you can't claim it's yours hence you are sharing it. That's called piracy |
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You do not control "YOUR" cloud. Figure out the difference my learning friend :) |
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no they don't the cloud in question included the public internet if the courts had AGREED with fox that solution required a hard line between the house and the data center you could have made that arguement (control by cablevision) But courts rejected that requirement your attempted to argue a point that has already been ruled out. That total and utter bullshit. |
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the timeshifting right is granted to the USER of the cable vision PVR that user has no ownership of the cloud it "owned" ("" since it included public internet as part of the cloud) by the service provider cable vision. so again if this arguement had any validity cable vision would have lost they didn't so that proves this arguement is total and utter bullshit too. |
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You'll loose for not being able to control your time-shifted content, it's storage and who may access it. I never at any point said there had to be a direct link nor that the internet couldn't be used Cablevision designed THEIR platform to let THEIR customer, the time-shifter, control their cloud which is why they did not need to license the stored data for distribution. That's the difference between you and cablevision, that invalidates several of your previous arguments. Unless you have something new to say I'll let you have the final answer in your next reply, your just running in circles :thumbsup |
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now your arguing that you can only get fair use rights from a single corporate entity well that bullshit and you know it dozens of open source cd rippers exist dozens of dvd rippers exist dozens of open source pvr exist those plateforms are designed to provide fair use services (the last being timeshifting) without a corporate structure defining it use the same is true for a swarm, it just the open platform (think open source) version of the fair use right fact is it all legal because fair use is a blanket exemption to the exclusive rights of the copyright holder read the copyright act no where does it mandate control, or even a single responsible party PERIOD. the exclusive rights of the copyright holder exist not withstanding fair use for fair use there is no exclusive rights, it is effectively public domain for that scope. |
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the cable vision client only has control over the local copy exactly the same as the swarm. |
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If your bringing nothing new to the table I'll just let you go on with your rampage. Rambling on how dvd rippers and fair usage justifies your file sharing and now starting to call it public domain goes beyond me. |
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the court case proves my point so i keep going back too it. you originally said Quote:
so if you made the seeding of pieces to .5 % who didn't have a right voided the entire fair use right, you just destroyed the internet because copyright infringement happens because of tcp/ip too. you have been dancing around making up more excuses to try and justify your bogus idea of copyright now your trying to claim that you need control over the content in the swarm to have a fair use right. that lack of control voids fair use no where in the definition of fair use is control defined as a requrement it the most insane arguement because your actually going against the very wording of the copyright act. Quote:
nowhere whatsoever does it say that it must be private for the fair use to exist if it meets those 4 conditions PERIOD it fair use and using the cloud to move the viewing time for content you purchased from monday to tuesday (timeshfiting using the cloud0 meets those 4 conditions to the exact same degree as using a vcr to move the viewing from monday to tuesday. |
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That's hilarious! P.S. you just admitted the infringement Are you going to defend yourself in court if you get sued or are you going to fight it together with microsoft who incorporated the tcp/ip protocols making it possible and the us government who build the internet? Sounds like they are equal partners in this |
GideonGallery - You are fighting a losing battle. I've seen Due argue with phone support over a $5 charge for 3 hours because it entertained him.
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the supreme court explictly ruled in this case that making a private copy from a Public transmission was still entitled to fair use protection based on the use of that private copy how exactly is the transmission public if as you claim it only fair use if it controled by a single company. By definition a single company controling it would make it private. |
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If you seed a show via torrent you are sharing that copy with many other people therefore it is no longer private. |
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this was the hard line arguement that was denied the private local copy is made from the public transmission it is not a public broadcast just because the transmission is public you just reverse the very ruling of this case the local copy i get from the PUBLIC swarm is just as PUBLIC internet a bit by bit packet sniffer and the transmit to address is all i need to take an unauthorized copy from cablevision system. that person not the timeshifter/cablevision is responsible if cablevision only had the right if they perfectly prevented any unauthorized access they would have won the case. so again i will ask the question Quote:
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I already explained the difference in how it's recorded, distributed and stored. I never said any data had to be with a specific corporate or private entity to be considered a private copy. It doesn't matter in the end since you focus on the theory and ideology for the general usage which doesn't legalize the actual usage. You may also want to look into the law of agency as your swarm could be considered your agents since you claim they provide you private storage, if it could be determined that you with common sense would realize it's not the case or that it's in other ways being abused in ways you should be aware of it could be ruled that you adopted the act of your agent so strict liability could be enforced. And really, what would a judge say if you claim in front of him "it's no different than if I used a package sniffer to get my copy that way" Your arguments are based on ideology and several unsupported facts or speculations (0.005% unauthorized usage is an outrages statement) which is why there is no real reason to undermine that statement. I think it's more interesting just to point out new ways to fight your "case" If I was the person fighting these cases my goal would be to take settlements when I can and if people fight I'd aim for personal bankruptcy of the individual to set out examples to make future settlements easier. |
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we are talking about the PUBLIC transmission not the private copy again the judege ruled and the supreme court upheld Quote:
the public internet is the public transmission part of the cablevision cloud the swarm is the public transmission part of torrent cloud. you argued that second public transmission invalidates the fair use right because of a lack of control the same lack of control exists in the cable vision public transmission based on the very design of tcp/ip. you keep dodging the question because you know it proves your wrong Quote:
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2. The way I read and understand the case here is why it was a success for Cablevision. When you push the record button on your remote the system makes a single copy of the program you want to record. They saw that as being no different that a person pressing the record button on a VCR. That the storage device was in a remote location made no difference. The reason for this is that there was no human interaction needed in the process. You press record, the system records your show. When you go to watch it it plays back that same show. It is just you and technology and not other humans are involved. With the bit torrent swarm that is not the case. Many humans have to be involved. For you to back up your favorite show/movie or whatever to the swarm the other users have to, at the very least, seek out a torrent file, download that file, open that file with their bit torrent client and possibly then tell their client where to store the downloaded data. So there is much human interaction needed. Your backup cannot exist without the interaction of others. 3. These others are getting copies of the show/movie from your recorded copy, not their own. The case itself says if 1000 people record the same show the system makes 1000 copies of that show. If they all play them back at the same time it is then 1000 private viewings. If you are seeding a show and sharing it with the swarm you could end up with 1000's of people all getting copies of a show that they themselves did not record. They are all watching the same person's copy which could be looked upon as a public viewing. |
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Now that this is said again we will start over blaming the structure of tcp/ip, then caching. dvd-rippers, then some betamax cassettes etc etc etc We can also get into some arguments the data is PUT INTO the cloud by the user or the data is FETCHED by the cloud by the cloud (ie the cloud download it), in theory it could be a good argument however since a user will be capable of exiting the cloud, when he exited the cloud he is just "an individual", at this point the cloud provided a copy of it's data. If the cloud is just a cloud without an owner (will the cloud remain if the original seeder exit? ) it's a conspiracy case if the cloud vanishes when the "owner" exit I'd look more into the law of agency as the cloud would be an agent acting on behalf of the seeder And just for the reference Cablevision is not doing a public transmission on the public internet, cablevision is doing a private transmission (user is authenticated through his playback device) on a public network (the internet) In reality we are going through the same arguments over an dover again and I have yet to see anything that could make the technology guilty of a crime and I doubt it's going to change in this thread. :thumbsup |
In the UK, you can record TV on a DVR, but the HDD has to be formatted by the DVR and is only playbackable (is that a word? it is now) on the device that recorded it.
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there isn't even need for a decenting oppinion or limiting condition (see below) Quote:
the arguement that won and was reversed was the concept of public transmission being equal to public broadcast this is what got reversed by the AC it the validation that if you make a private copy from a public transmission it is entitled to fair use protection depending on the use of that private copy. remember it not fair system it fair use. Quote:
and i can just as easily get the same level of hands off interaction by using the rss feed function of utorrent subscribing to my favorite shows from tv related torrent tracker like tvtorrents.com that a straw man arguement at best and a completely bogus misrepresentation of the fact those issue were considered irrelevent by the lower court ruling the issue that defined weather it was infringement or not was the public transmission being considered equal to public broadcast and that ruling was reversed by the appeals court. Quote:
you don't play anything from the swarm if i pause my playing it doesn't stop for anyone else if i fast forward it doesn't fast forward for anyone else if it stops it doesn't stop for anyone else you play from your local private copy ONLY the transmission of the data to the client side is thru a public medium for both examples cablevision thru the internet me thru the swarm. again the key part of the ruling was that making a private copy from a public transmission is still allowed to have fair use protection. your ignoring the rights granted by the court case (in this case the right to make a private copy from a public transmission) just like you ignored the rights granted by the original (in that case the right to make a commercial free personal copy) to make up rules that don't really exist. your doing the same thing you did before with your official timeshifting vs swarm arguement in the other thread. |
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the original seeder doesn't have to stay connected for the swarm to exist once he/she has distributed 100% of the pieces the swarm is active even if the original seeder drops out the data from the prespective of the swarm is redundant copy of those non working pieces. Quote:
1. if that what they were doing then they would never have lost in the first place because there wouldn't have even been a public transmission to confuse with a public broadcast 2. the appeals court would have ruled that making a private copy from a public transmission is allowed because they would not be making a public transmission only a private one. 3. end points being private doesn't change the transmission between those two end points (in fact the private nature of the end points is exactly what making a private copy from a PUBLIC transmission is talking about) 4. you can't make a private transmission over a public protocol, using a public medium even a VPN is a virtual private network, a simulation of a private network, not a real private network. Quote:
if your going to go so far as completely ignore the fact control was never defined anywere in the fair use statute to claim that control is necessary to have fair use of course your never going to see the legality of the technology but the simple fact is if the techology was illegal on it spec (which is what your always sharing arguement is) then the techology as a whole would be shut down see the morpheous case. it hasn't happened and that proves your wrong. |
And another interesting fact:
The brief also argues that the Second Circuit was well-reasoned. Since the Second Circuit found that the playback of programs from the remote DVR wasn?t a ?public performance,? the plaintiffs argued that this opened the door to all video-on-demand services also falling outside the realm of copyright. Again, the Solicitor General counters that this is an unfounded concern. Since the court limited its holding to situations where a unique copy was made with each recording, and where only the individual who made the recording could watch it, the business model of VOD would not be undermined if the opinion stood. Sounds like your torrents is awfully similar to a VOD service? What makes you confident that your torrents could not be defined as being a VOD service ? |
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you don't make a private copy and don't play from that private copy. that the exact difference this court case established when it defined public transmission as different then public broadcast. even so the ruling could not cover all VOD anyway since the fair use of timeshifting requires you to have paid/given the right to the content in the first place. so even if someone came up with some sort of private copy version of VOD it still would do nothing but allow people who BOUGHT the content to gain access to the content they paid for at a later date. |
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the person who recorded it is not the only person who can watch the content the person who recorded it any member of the house hold and anyone those people decide to show the video too also have access to that content however that exactly the same rights we have always had with the vcr from the very begining of the service some 24 years ago. |
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There was an obscenity case a few years back where the defendant won during the initial case then lost on appeal. They asked the Supreme Court to hear the case and were turned down. Why? Because the court felt that there were still other processes that could be handled at a lower court, not because they agreed with the ruling. Quote:
I see using the bit torrent swarm as a form of distribution. I know you say it isn't because you are just giving away parts of the information and not all of it, but to me that is simply semantics that will one day be ironed out in legal rulings and laws. You're distributing something to other people and if you aren't giving it all to them you are conspiring with others to distribute it. There are plenty of other ways to back up your content for free without giving copies of it to other people. In the end when it comes to TV shows I don't really care. So long as the person downloading the show had access to that show originally I don't see the big deal. Where it burns me is with movies and music because I am convinced that most of those users are pirates trading stuff they have no right to own or distribute. |
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then why did they not win on the original case ? that arguement was made at the very beginning why did they have to address the difference between a public transmission and a public broadcast if the 1 to 1 relationship was the winning arguement ? |
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http://en.wikipedia.org/wiki/United_...eme_Associates The case is against Extreme Associates. When the case first when to trial the defendants successfully argued that since the transactions took place online the right to privacy prevailed here so since a person has the right to own and view these materials the company had the right to sell them. Obviously this is an over simple explanation, but it is the basis of what happened. The judge sided with Extreme Associates and dropped the charges. The Federal government appealed the ruling. The appeals court reversed the ruling. Extreme Associates then petitioned the Supreme Court to hear the case. They denied to hear it and a new trial date was set. The two main people involved ultimately ended up pleading guilty to certain charges in an effort just to end this. BTW I never said they were found innocent in trial then found guilty on appeal. Those are your words not mine. I simply said that the appeals court overturned the lower courts decision and that kind of thing happens all the time. |
I'm need to go to bed but I'm not tired so thought I'd read a few of gideon's post ...... always works ......................................
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The original broadcast of the show by the studio/network is a public broadcast, your recording and viewing of the recording is a private viewing. This is how the legal system works. If you don't get the ruling you want you appeal and sometimes you get what you want on appeal. |
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you said they won the case not made a successful motion to dismiss winning the case is being found not guilty winning a motion to dismiss is arguing that the case should not even start ok so we are going back to the "i will just totally misrepresent the facts that back up your arguement to make my bogus arguement" again. they didn't win the case
nothing about that case justifies the arguement Quote:
which is exactly the point i made orginally |
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They achieved what they set out to achieve. The government disagreed with the ruling and appealed. That doesn't mean they didn't win. Quote:
But once again Gideon we are arguing semantics. I don't know why I waste my time in here. I could be using this time to create content that you and your pirate friends can plot to steal then use the technicalities of the law to justify. Here is what I really wonder: Why do you care what we think? Why are you here? About a year ago when the whole debacle with The Doc went down you explained how you would never accept The Docs offer because even if you were the one sending all the traffic because making a couple million per year was not enough to justify your efforts. You explained how you hold classes and each week you teach 10 different people how to use your techniques to monetize their content via torrents. For this you get $5,000 plus a royalty for life. By my calculations this means you should have made about $50K per week for the last year, assume you took a couple of weeks off that means you brought in about $2.5 million just in fees not counting the royalties. You should be rolling in cash. If I had a deal going that made me a couple of million per year the last thing I would be doing is getting on a webmaster board and trying to convince a bunch of sharks to look into the legitimacy of the technology and yet here you are. But then, of course, the reality sets in. Not too long ago you claimed you are the only one doing what you are doing and you are staying under the radar. Obviously you are selling your formula for $5,000 per person if you are the only one doing it and you are staying under the radar. So which is it? Are you the mogul who banks $50K+ per week teaching classes or are you just the guy that we all think you are which is to say you are living in your mom's basement, working a shitty day job and downloading until it makes you orgasm at night all the while plotting on how someday you will use this technology to rule the world? |
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but you still didn't answer the question why did they lose the first time they made that arguement but win the second appeals court doesn't simply say your wrong, you have to make a convincing arguement that the decision was wrong if it wasn't the distinction between a public transmission and a public broadcast exactly what was that convincing arguement (not made in the original trial), |
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ok smart guy then why didn't double jeapordy apply to this win why was the government allowed to start another trial against them because the case never started they just won a motion to dismiss double jeapordy didn't apply because the case didn't happen the ruling had to deal with weather or not the trial was allowed to start EA win said it shouldn't Quote:
the supreme court agreed with the appeal court That WHY it was sent back to the lower court to START the trial that was MISTAKENLY stopped. |
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seriously do you even know how the appeal court works. so your arguement is that the win had nothing to do with the distinction between public transmission and public broadcast but because they had better experts (which can't be presented at the appeal court level) or more detailed presentation (which can't happen because the trial doesn't happen again in front of the appeal court). hell even if you watch some law tv shows you should know that your not allowed to present new evidence, you don't retry the case, you simply argue (with very strict time limits) how the ruling is mistaken. public transmission vs public broadcast was that arguement. |
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i could do the same thing any time spread it out amoung a hundred affiliate accounts make exactly the same money and keep it a secret and make both money i am making for selling the advice and the affiliate level commission doc was offering. Quote:
i never said week in week out it bigger classes spread out there is a lot of prep to get those rooms filled and a good portion of the up front fees are spent on building the components necessary to make the nashian equilibriums to work. that being said the 10% royalties are nice, and they are growing every year. btw i am not the only person splitting the money for this. Quote:
when i prove your arguement are bullshit (maybe they had better experts at the appeal) i can bypass the arguement completely by addressing the objections in advance abraham lincoln did that when he was a practicing lawyer he argued both sides of the case in front of the jury, he just did a better job on his side. your stupidity helps me identify the winning arguements. and i don't have to worry about the arguement costing me a sale |
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