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3rd Circuit vacates Weev's conviction [pdf]

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111–120 of 138 posts

Re: 3rd Circuit vacates Weev's conviction [pdf]

#111

Earlier quoted context omitted.

How does this square with the jurisdiction shopping that patent trolls do, to their great advantage. Somehow, everyone who infringes on a patent does so while in the eastern district of Texas?

Most of the patent trolling companies set up a division or the like in eastern Texas in order to establish venue.

But those are scams, they don't actually do business there. Those suits should be thrown out.

Re: 3rd Circuit vacates Weev's conviction [pdf]

#112
post #69

Earlier quoted context omitted.

After reading the judgement, seems like the right decision was made to overturn the conviction based on venue. But compensation? Come on. He would still be convicted of some of the computer hacking charges in other states. Didn't his co-accused plead guilty to those charges? What happens to him?

Personally I think that everyone who ever has a conviction overturned should be compensated for all time lost and costs incurred. Not because the state would be dissuaded from pushing edge-cases but because we, the people, have robbed someone of part of their life. We should make it right.

What about his mistreatment in jail? Just because you are a prisoner doesn't mean they should be able to treat you like shit.

Re: 3rd Circuit vacates Weev's conviction [pdf]

#113
post #27

Does weev get any compensation? I get that he's now retroactively never been convicted of a felony, but he was in prison focused on protecting his corn bread for a couple years. Clearly this affects his employability, as well as his general happiness, having been deprived of both liberty and safe corn bread for a while. Civil suit against ATT? Wrongful prosecution against the feds?

He has it made, expect a multimillion settlement on the dime of the US taxpayer.

Probably not. But good for him if he does. Where were you when the USAA's were wasting time / money prosecuting him to start with?

Re: 3rd Circuit vacates Weev's conviction [pdf]

#114
post #22

I appreciate the HN desire to link to the source, but as I reader I'd really appreciate submitters link to a good summary/analysis for dense subject matter such as court documents or scientific papers. Ideally they'd chose a summary that itself links to the source.

I prefer the direct link. The document isn't dense. I found it pretty straight-forward, actually. It isn't short, but unless you are a member of the "tl;dr" contingent, the gist is pretty easy to discern. The trick is that things like "Count one charged Auernheimer with conspiracy to violate CFAA § 1030(a)(2)(C) and (c)(2)(B)(ii)" translate to "Count one charged Auernheimer for breaking a law" and things like "See Pe…

Well I'll go ahead and agree that for the most part many legal decisions are fairly straightforward. And even their length is usually due to dumping in tons of citations and systematically examining the various components of whatever legal test they're talking about. It's written to convince higher courts and other judges in a way that can withstand their scrutiny.

But as long as you're willing to hit the "I believe" button a few times while reading a legal decision they actually don't take too long to get the gist of.

Re: 3rd Circuit vacates Weev's conviction [pdf]

#115

What I find disturbing: a person brought a piece of news to Gawker. Gawker publishes data then wipes hands clean of almost all coverage while said person sits in jail http://gawker.com/tag/weev

Not too many stories to cover there. "Breaking News: Weev Still in Jail"

Re: 3rd Circuit vacates Weev's conviction [pdf]

#116

I appreciate the HN desire to link to the source, but as I reader I'd really appreciate submitters link to a good summary/analysis for dense subject matter such as court documents or scientific papers. Ideally they'd chose a summary that itself links to the source.

Forget summarizing the source. How about just explaining who weev is?

Hacker, troll, borderline-criminal harasser. He's got his own wikipedia...

Re: 3rd Circuit vacates Weev's conviction [pdf]

#117
post #75

It's important to understand here that the judgment was not vacated on grounds that had anything to do with the crime charged -- the Court didn't conclude that he wasn't guilty. Instead, it was vacated for lack of venue. In other words, he got off on a technicality.

> the Court didn't conclude that he wasn't guilty Part of their justification for vacating based on venue was that a proper venue very likely would have resulted in different charges or verdict.

Where in the opinion does the Court say that? If they did, it would be a serious procedural error that would likely be overruled on appeal. A court cannot take substantive issues into account (other than where the alleged activity took place) when determining whether venue is proper.

Re: 3rd Circuit vacates Weev's conviction [pdf]

#118

What I find disturbing: a person brought a piece of news to Gawker. Gawker publishes data then wipes hands clean of almost all coverage while said person sits in jail http://gawker.com/tag/weev

Not too many stories to cover there. "Breaking News: Weev Still in Jail"

This is a story that has developed over many years. Many other news publications found the developments newsworthy.

My guess is that Gawk's lawyers told them not to get involved.

Re: 3rd Circuit vacates Weev's conviction [pdf]

#120
post #114
post #22

Earlier quoted context omitted.

I prefer the direct link. The document isn't dense. I found it pretty straight-forward, actually. It isn't short, but unless you are a member of the "tl;dr" contingent, the gist is pretty easy to discern. The trick is that things like "Count one charged Auernheimer with conspiracy to violate CFAA § 1030(a)(2)(C) and (c)(2)(B)(ii)" translate to "Count one charged Auernheimer for breaking a law" and things like "See Pe…

Well I'll go ahead and agree that for the most part many legal decisions are fairly straightforward. And even their length is usually due to dumping in tons of citations and systematically examining the various components of whatever legal test they're talking about. It's written to convince higher courts and other judges in a way that can withstand their scrutiny. But as long as you're willing to hit the "I believe"…

Along the lines of the "I believe button"; I've found after reading several legal briefs and opinions, I'm able to quickly determine based on a section's heading whether it's interesting contentful content or just legal cruft. I'm 95% convinced (though without evidence) that everyone in the legal profession does the same, though obviously they must have a broader concept of what's interesting content. The rest is just citation copypasta, and that's okay.
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