YouSaid · the spoken record

Grady Judd

lines on the record: 57
first: 2021-03-04
most recent: 2021-03-04
sittings or episodes: 1
sources: podcast

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“But my point here is that issues of intellectual property are complicated, that things are not so black and white. Do I personally care that Sheriff Grady Judd read this book on YouTube? No, I do not. Of course not. I think it's fine. In fact, I had someone read, oh the places you'll go at my wedding. So technically, we should both live in constant fear of SUSE Enterprises.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“They said it was fair use. I can send you this link. It's a New York Times article. The creators, this is the judge, Margaret McCuhan. The creators thought their Star Trek primer would be pretty well protected by parody, but acknowledged that, quote, people in black robes may disagree, the judge wrote in the opinion. Indeed, we do. They just got smacked. So, yeah, I mean, you are not allowed to just pick up a copyrighted book and read it on YouTube without a license, like absolutely not. And the Seuss Estate is not shy. This is hilarious to me.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“You're a teacher in a library, there's some case law that says, okay, this is fine, you're the local sheriff just reading a book on YouTube. Yeah, you're definitely performing the work to the public without a license. Like this is straight up direct copyright infringement. And the reason that Dr. Seuss is the worst target is that Dr. Seuss's publishers are notoriously litigious in December. They just won a major lawsuit about it, a book called O the Places You'll Boldly Go, which is a mashup of Oh the Places You'll Go and Star Trek.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Yes So he's claiming that what they're doing qualifies as fair use, which is a limitation on exclusive rights. But when I talked to Neil I about this previously, he said there are plenty of fair use arguments for performing a reading of a book that's protected under copyright, but that this, a sheriff doing it on YouTube in full with full scans on the screen, isn't one that would hold up particularly well against a motivated copyright holder.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Yeah, I mean, he's a prolific poster. So I emailed the Polk County Sheriff's Office about this. Said, hi, quick question Did the Pol County Sheriff's Office receive a license to perform O the Places You'll Go on YouTube?”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Congratulations to David. There it is. He committed copyright infringement. At the end. Super obvious. Yeah, you are not allowed to publicly perform copyrighted works without a license. There's no way that he went to the publisher of this book or the Seuss Estate and got a license to publicly perform this work.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“And that got me to wondering He has such a hard stance on this stuff. Has Sheriff Grady Judd ever done anything that is a clear violation of intellectual property law? So I went through his YouTube page with Neil. Are you saying this now See, where is it? Okay, so he did around towards the beginning of the pandemic started reading children's books on YouTube.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“No, I don't think so. Not in Florida As I said earlier, the Polk County Sheriff's Office denied my request for an interview, so I couldn't ask Sheriff Grady Judd if there are other crimes in Florida. But of course, there are, and those crimes also allegedly include ones coming.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Neil, I obviously is not off base with these remarks here. The Bulk County Sheriff's Office has a history of being selective and opportunistic with their targets. In 2017 during Hurricane Irma, Sheriff Grady Judd tweeted that his department would be patrolling the county hurricane shelters looking for people with outstanding warrants, and he would bring them to jail.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Like, what have they done to benefit the community that they're supposed to serve? Well, and why did it happen in the first place? It sounds like they were looking for, what, a press moment? The sheriff is definitely looking for a press moment. This is a 100% Twitter sheriff here that we're working with. Was that the motivation behind the whole thing? I think their motivation is to do easy stuff that they can do press conferences about and whether it's, you know, people selling what seems to be an illegal device that you can use a scary word like jailbreak to describe. Or if it's, I just checked they're busting people for violating provisions of the CARES Act for like collecting too much welfare, basically, booked a bunch of people who were supposedly fraudulently getting food stamps, like that's the business they're in. They're like, who's like absolutely clinging to the edge of the cliff and we can stomp on their fingers so that they fall off?”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Is a five page statute that does one thing, which is protect cable providers business. Right. So my interpretation of this is cable providers did a really good job of getting local police departments to spend public resources to protect their profits and bust senior citizens for making little amounts of dollars at the flea market. And it just seems like a giant waste of time. And I think it's bullshit. They were able to turn to this cookie cutter, protect the cable provider's law, and then they were able to write this like sloppy report and pat themselves on the back. And meanwhile,”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“You stream something, you're making a copy of it on your local device, and there's actually an enormous amount of case law about those, what are called ephemeral copies. And eventually the copyright law was amended to, say, ephemeral copies are legit. But when you stream something, you make a copy onto your computer or your computing device. You copy it into the RAM of whatever your fire stick. Okay, well under a pretty narrow reading of the law, you put the button, you play it. There it is. There's copyright infringement that you were not allowed to make that copy. And now you're fully in the realm of federal law enforcement. And so they're all the moralizing, all of the vocabulary about jailbroke, all that is to kind of hide the fact that the state level law that they're relying on here doesn't really apply to anyone's conduct.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“So it's possible that these accused individuals simply just saw this as a way to get free TV. They probably realized like, yeah, this is in some kind of gray area, but they didn't see themselves as defrauding spectrum. And The 88 year old man at his booth, he also appears to be selling TV antennas, which, you know, of course are a free alternative to cable TV. So, you know, are they knowingly, willingly defrauding spectrum? It seems like perhaps they are not.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“And there appears to be no proof that channels available in Mobdro, which was the app capable of playing live TV streams, even originate from Spectrum or charter communications. On Mobdro's official website, it says that Mobdro is, quote, a tool that constantly looks for free video streams available on the web and makes them accessible. So a seller can't even reasonably guarantee that any specific channel from any specific source will be available on MobDro at any given time. But even if you could twist these circumstances into claiming that these individuals defrauded Spectrum, which is sort of attempted in the police affidavit, it would actually also be reasonable to conclude that these sellers didn't see themselves as deliberately defrauding anything.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“First, I looked up the guy from Spectrum, Bruce Asbury, because I wanted to interview him. And I wasn't able to reach him for comment. But check out his LinkedIn page. Scroll down and let me know if you notice anything that stands out.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Right, exactly. That's not even a thing. Then it says contact was made with Bruce Asbury, who is a director of enterprise communications with Spectrum Charter Communications. Asbury provided a sworn recorded statement detailing how the jailbroken fire sticks are unlawful. Asbury advised cable channels being received on devices are typically negotiated with a telecommunications conglomerate. Any reception of these channels without negotiation is considered, and I believe I meant to say considered. Spelled S-T-A-T-U-E. Yeah, I don't know what a Florida state statute would be. Like Dan Marino, I don't know. And then they list the statute that we talked about. But there are a few things that are interesting about this.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“They wrote it as statue. Anyway, in the affidavit, it says, quote, each individual fire stick was taken to a secure location within the Polk County Sheriff's Office and was analyzed, confirming access to these cable channels such as Fox News without a monthly or annual subscription fee. The cable channels being accessed on the fire stick are cable channels that are not over the air cable channels.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“So I have copies of the police affidavits. They're all basically the same, but right now I'm looking at the one for the 88-year-old man. I should mention, by the way, that I reached out to request an audio interview from Sheriff Grady Judd, and they told me, because the cases are ongoing, that I just have to go off of what is already publicly available. So that's what we're going to do. It's worth noting that the written part of this document is riddled with errors. They spell the word statute incorrectly.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“What this basically leaves us with are the questions of one, are these devices successfully defrauding a cable operator or communications service? Are they actually doing that? And not or are they being sold explicitly for that purpose? Are the sellers advertising them as being able to defraud a cable operator? And do they understand that that's what they're doing?”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Then it adds also the multi purpose device, either A is manufactured, developed, assembled, produced, designed, distributed, sold, or licensed for the primary purpose of committing a violation. Or it would have only a limited commercially significant purpose or use other than the Commission of Violation of the Section, or if it is marketed by that person with that person's knowledge for the purpose of committing any violation of this section.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“I dug a little bit deeper into the statute. So, subsection 12, which is the last section, second to last section, deals with multi-purpose devices, which would be a fire stick. And it says specifically, a person that manufactures, produces, designs, sells, distributes, licenses, or develops a multi-purpose device shall not be in violation of this section unless that person acts knowingly and with an intent to defraud a communication service provider.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“And she ends up sending me all of these detailed notes. She notices that the law had been tweaked over time, the language has changed. She sends me a PDF where I can see what text has been added and what text has been removed. And we could get into all of those specifics, but Cynthia noticed something else that is super important, that the police didn't include in their public analysis of the statute that sort of reshapes how we need to look at the entire thing.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“And Cynthia even said that a lot of this activity, like with the fire sticks, is initiated by sales at flea markets But despite the similarities here, Cynthia had never personally encountered this particular law in Florida with any of her cases before.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Now, again, Cynthia is only dealing with civil cases in her work, but here's what interested me. In addition to the BitTorrent stuff, she also represents clients who receive Dish Network channels without proper authorization, which is something like I think sounds a lot closer to what is described in the Florida law than what we talked about happening on these fire sticks.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“So, to answer that question, we have to dive a little deeper into the law and we have to dive a little deeper into the police records. So Nehi emphasized to me that he is not a practicing attorney and that he's not super familiar with Florida law. I couldn't get any of the lawyers representing the accused individuals in this case to talk to me. The cases are ongoing. So I talked to a lawyer in Florida who normally defends users accused of sharing copyrighted material on BitTorrent.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“The law that they're charging these people under, the local sheriff in Florida is charging these people under is a law about a cable service or another communications service provider. Who is that cable operator? Who is that communication service provider?”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Of these apps essentially do the same thing. They aggregate links to stream unauthorized copies of movies and TV shows or in some cases like with the Mobdro app live TV channels. They let you watch live TV channels. So essentially all these apps, what they do is they just make low level piracy a little more user friendly. And that seems to be a completely different offense than what is outlined in the law cited in the official press release.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“We can actually tell pretty precisely what the devices in question do because the police department posted the undercover footage from the flea market. And in it, the individuals arrested demonstrate the features. So I went through the footage, and here is every app they show as far as I can tell. Mob Drow, Sofa TV, Cinema HD V2, Free Flix TV, Watched, Strix, and the Media Center app Cody with the plugins numbers and Exodus Redux.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“You will know that they are not alleging copyright infringement anywhere. This statute, in Florida, was written so that if you hijack the cable system, the local police can come and get you because that's a very local crime. There's no copyright law in here.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Why is this a Florida law if federal law in copyright matters always supersedes state law? Why would you write the law in Florida at all if you know that it's going to be superseded? Or is it if the federal one goes away?”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Criminal copyright infringement is a real thing that happens. And if you are running a factory to pirate DVDs, it is possible that you will get arrested for that and you'll be subject to criminal copyright violation. The guy on the street selling the bootleg DVDs rarely gets prosecuted. And there's a really important reason for that that is it squarely at the heart of this situation, which is copyright law is a federal law. Federal copyright law supersedes, overcomes, replaces any state level copyright law. So it is wholly a federal offense. So criminal copyright infringement is investigated by the FBI and prosecuted by the Department of Justice, not by the local cops and not prosecuted by the state level or local level authorities.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Important to point out here that all of the cases of internet piracy that Neil I dealt with back when he was a lawyer, none of those people were being arrested or taken to jail by the cops. But that doesn't mean that criminal copyright infringement doesn't exist.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“I had not, and I watched this video. And I can't. I laughed so hard. These dudes are the police there are in so far over their head. The silliest podunk police force doesn't understand what they're talking about situation I've ever seen in regards to the internet. And he's seen a lot.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Fast forward and now I'm the editor in chief of the Verge, where I feel like all we talk about, the bottom of every story is a copyright law story because everything that happens on the internet requires making a copy of something.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“We would just lose. Like they, all those cases settled because at the end of the day, they had done it and they had used Kaza and copyright infringement is illegal. And there wasn't really a way around it unless one of these kids had a million dollars in 10 years to fight some novel theory of the law to the Supreme Court. So they were all going to lose.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“So I ran off to law school, became a lawyer. I had, I would say, like a two year brief, unremarkable career as a copyright attorney. I worked for a tiny firm in Chicago, and a big part of the practice that the woman who started the firm setup was defending kids who have been sued by the record industry for using Kaz”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“I went to college to be a doctor like every good Indian kid does. And about midway through college, I was deeply radicalized by Napster. Most of us head out to a music store to buy CDs, but not Mike Chesworth. He goes to napster.com to get all the music he wants and he doesn't pay for it. My college campus actually blocked access to Napster and this made me very much want to become a lawyer and not only a lawyer but specifically a copyright lawyer.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Eli Patel is editor in chief of the Verge, where we all used to work. He's also hosted the podcast Decoder. And one thing that I learned from Neilai is to overly disclose everything when reporting. So I feel like I should disclose that we all worked under Neili in some capacity at some point. But Neili has a deep and sort of personal understanding of how copyright law works on the internet. And that's why I wanted to talk to him.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“I'm very excited to be on the show. You need to know a lot about something very obscure to really make an impact on the show, and I'm happy that I finally have that corner of my brain of value to you.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Have a Christmas tip just don't violate the law this next year and you'll have a lot less complicated life. You see, we won't bother you at all. But the investigation's not over. It's just beginning. That's another Christmas present from me to you.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Yes, so the law that they claim these individuals violated is a Florida law. And this section is titled Unauthorized Reception of Communications Services Penalties. We'll dive into the exact text of it, but in general, here's what I want to find out. There's sort of this cloud of mystery surrounding this story because the local news in Florida, they basically just paraphrase the sheriff. They covered it one way.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Right, this 88 year old, like the others, was arrested, taken to jail, and now the sheriff, Sheriff Grady Judd, in this press conference, is showing their mugshots, he's mocking them, he's making fun of their signs, and he's saying that they all committed a felony offense.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Again, not to overly nerdsplaying everything to the sheriff here, but that is another objectively incorrect detail. A VPN does not prevent your internet. Service provider from seeing how much traffic you have. That statement doesn't even make sense, even if he was trying to say how much traffic you're doing on the internet. That's also not true. If you're using a VPN, they can still tell the amount of traffic you're doing.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“But being the all purpose service kind of lady she is, if you take her your legal fire stick, she'll break it for $50. But she would also coach and counsel you. She recommends that you get a VPN so that the internet provider can't see just how much traffic you have and how much theft you're conducting.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“And that's how I got into the business. And from there, she started selling them to the public. So even if you buy a legal fire stick and go online and figure out how to jailbreak it, the first time you download content, you're committing a crime.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“So, how about she's 59? And we, in conversation, said, Well, how did you get into this? She said, Well, originally I bought a jailbroke fire stick, and I had some problems with it, so I took it back. And they wanted too much to repair it. So I went online to figure out how to break my own fire stick.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“So, the sheriff, he's making a lot of definitive statements here, right? He's claiming that The devices are, quote, illegal products. He's claiming that using them is a misdemeanor. He's claiming that selling them is a felony. And he's not yet clarified what he means by a jailbroke fire stick or what the advertised claims of, quote, free TV actually mean in practice, which seems important to me.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“Now here's my Christmas present to you to save you potentially problems down the road. Unplug it. Just unplug it. I would give it to the garbage man for Christmas broken up in pieces because you don't want to be committing a misdemeanor.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“You must understand that here's how it works. If you're in possession of one of these fire sticks, And your streaming content, you're committing a misdemeanor. So let me put that in Polk County Vernacular. Every time you turn that TV on. To a channel or a station or Hulu or Netflix that you're supposed to pay for and you're not paying for it.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT
“And on each of the times that we made a purchase of this illegal product from the sellers, they all admitted that this is how you avoid paying communication services fees. They weren't that technical. They said, this is how you get free TV.”
2021-03-04 · Decoder with Nilay Patel · Underunderstood: Why is This Sheriff Arresting Fire TV Sellers? · IDENTIFIED FROM THE TRANSCRIPT