Month: January 2023

Pakistan: Der riskante Kurs von Imran Khan

2023 ist Wahljahr in der Nuklearmacht. Der frühere Premier wagt es im Wahlkampf, die Rolle der Armee zu kritisieren. Aber er ist auch Teil des Problems.

2023 ist Wahljahr in der Nuklearmacht. Der frühere Premier wagt es im Wahlkampf, die Rolle der Armee zu kritisieren. Aber er ist auch Teil des Problems.

Debatte um längere AKW-Laufzeiten: Sollen Bürger noch mitentscheiden dürfen?

FDP-Politiker wollen Entscheidung einem Expertengremium übertragen. Andere fordern ein Ende der Debatte. Wieso der neu entfachte Streit eine Scheindebatte sein könnte. Der Kommentar.

FDP-Politiker wollen Entscheidung einem Expertengremium übertragen. Andere fordern ein Ende der Debatte. Wieso der neu entfachte Streit eine Scheindebatte sein könnte. Der Kommentar.

Journalistin sagt, ukrainischer Geheimdienst versuchte, sie zur Propagandistin zu machen

Das ukrainische Verteidigungsministerium beendete die Akkreditierung der dänischen Reporterin Kimer. Der Vorwurf: Russische Propaganda. Vor allem, was darauf folgte, ist schockierend, beklagt nicht nur die Betroffene.

Das ukrainische Verteidigungsministerium beendete die Akkreditierung der dänischen Reporterin Kimer. Der Vorwurf: Russische Propaganda. Vor allem, was darauf folgte, ist schockierend, beklagt nicht nur die Betroffene.

Piracy Lawsuit Will Be Dismissed Unless Copyright Troll Fixes Corporate Suspension

Adult entertainment company Malibu Media faces yet another setback. A Texas federal court says it will dismiss the company’s lawsuit against an alleged BitTorrent pirate if its corporate suspension isn’t fixed by January 21. The underlying ‘tax’ issue has plagued the company for more than a year and still hasn’t been resolved.

From: TF, for the latest news on copyright battles, piracy and more.

taxA few years ago, Malibu Media was one of the most active ‘copyright trolls’ in the United States.

The California-based company behind the adult brand ‘X-Art’ filed thousands of lawsuits targeting Internet subscribers whose accounts were allegedly used to share Malibu’s films via BitTorrent.

In recent years this activity ground to a halt, and in the cases that remained active, things didn’t go to plan. After plenty of drama, Malibu was ordered to pay more than $100,000 to a wrongfully accused internet user in 2021.

Last Cases Standing

At the start of 2023, only two Malibu Media cases remain open. In one, the court denied a default judgment last summer, instructing the rightsholder to provide more evidence of infringement beyond a simple IP-address. After that, things went quiet.

In the other case, the accused file-sharer went on the offensive. The “John Doe” defendant filed a long list of counterclaims against Malibu Media, accusing the company of abuse of process and misuse of copyright, among other things.

“Plaintiff monetizes its alleged copyrights through coercive and needless litigation and by extracting settlements from that litigation disproportionate to the minimal value of Plaintiff’s works,” the defense wrote.

Corporate Status Suspended

The Doe defendant also asked the court to dismiss Malibu Media’s claims, arguing that the company can’t be involved in a lawsuit due to its corporate status. California’s Franchise Tax Board suspended Malibu Media in 2021 over tax deficiencies.

“Plaintiff lacks the capacity to sue. Specifically, Plaintiff is suspended in its state of incorporation, California. Under California law, a suspended corporation cannot maintain a lawsuit,” the defense wrote.

The suspension came to the forefront in 2021. The court initially allowed Malibu some time to get its paperwork in order to get the suspension lifted, but that doesn’t appear to have happened. At the time of writing, California’s Franchise Tax Board continues to list Malibu Media’s status as suspended.

malibu still suspended

In a recent advisory to the court, Malibu Media confirms that its corporate powers are still suspended. However, it argues that courts have previously held that suspensions are a “mere technicality” that, once fixed, return a company’s status “back to good standing”.

Malibu sees no reason why the present case should not be able to proceed to trial due to a technicality.

malibu advisory

Dismissal Looming

U.S. District Court Judge Ezra agrees that previously suspended companies successfully continued lawsuits, but only after their suspensions had been resolved. That’s not the case here.

“Corporate status may be a ‘mere technicality,’ but courts in California and the Fifth Circuit only deem it so after the corporation has cured the defect in its corporate status,” the order reads.

“Therefore, if Malibu Media’s corporate status is not reinstated by Friday, January 20, 2023, the case will be dismissed without prejudice,” Judge Ezra adds.

A dismissal “without prejudice” means that Malibu will be allowed to refile its claims after the suspension is lifted. Based on the lack of recent progress, it’s doubtful that will happen anytime soon.

The underlying issues aren’t entirely clear but Malibu CEO Colette Pelissier is no stranger to corporate troubles. Other companies under her control – Colette Productions, Colette Holdings and Colette Properties – are all listed as suspended.

The order issued by U.S. District Court Judge David Alan Ezra is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

Maybe Edward the Black Prince didn’t die from chronic dysentery after all

Edward III’s heir apparent more likely succumbed to malaria, inflammatory bowel disease

Effigy of Edward of Woodstock, aka the Black Prince, in Canterbury Cathedral.

Enlarge / Effigy of Edward of Woodstock, aka the Black Prince, in Canterbury Cathedral. (credit: Josep Renalias/CC BY-SA 2.5)

There's rarely time to write about every cool science-y story that comes our way. So this year, we're once again running a special Twelve Days of Christmas series of posts, highlighting one science story that fell through the cracks in 2022, each day from December 25 through January 5. Today: A military historian argues that Edward the Black Prince died of malaria and inflammatory bowel disease—not chronic dysentery, as previously believed.

Edward of Woodstock, known as the Black Prince, was a formidable mid-14th century warrior who emerged from multiple battles relatively unscathed—only to be felled by disease at the relatively young age of 45. Historians have long believed he died of chronic dysentery, but James Robert Anderson, a military historian with 21 Engineer Regiment, believes the Black Prince was more likely brought down by malaria or inflammatory bowel disease. He and his co-authors made their case in a short December paper published in the journal BMJ Military Health.

"There are several diverse infections or inflammatory conditions that may have led to his demise," Anderson et al. wrote. "These might include malaria, brucellosis, inflammatory bowel disease, or long term complications of acute dysentery. However, chronic dysentery is probably unlikely."

As we've reported previously, Edward of Woodstock was the eldest son of King Edward III and heir apparent to the throne. He was educated in philosophy and logic and well-trained in the art of war—skills that proved useful in this particular period of the Hundred Years' War, when invasion by the French was a constant threat.

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