Slashback: NIC, Dastar, Defects
Was it ahead of its time or vice versa? BreadMan writes "After limping along for years, the New Internet Computer (NIC) company finally went under. Founded by Larry Ellison, NIC sold a diskless workstation running Linux targeted at home users that wanted internet access. From the spec sheet it looks like this would be fun as a hacking platform if you can get one on the cheap."
Way to GNU! xarium writes "Seems that in response to pressure from the FSF OpenTV has released the source code to all of its compilers. You can download the full package here (~18meg)."
Because a hard drive should not be a rhythm section.
Dynamoo writes "As previously noted in Slashdot, Fujitsu MPG3xx series hard drives have been failing in huge numbers. The U.S. law firm, Shepherd Finkelman Miller & Shah is currently conducting a class action against Fujitsu and HP for knowingly distributing faulty drives. According the this article in The Register, Gateway has now been lined up as a defendant.
The fault appears to impact MPG3102AT, MPG3204AT, MPG3307AT and MPG3409AT units manufactured in early 2001. If you have one of these, then it has probably failed already, if not you should replace it asap. If you're a customer of HP/Compaq you can visit the HP Hard Disk Drive Replacement Program site.
We had about 40 of these things fitted to Compaq DeskPro EXDs, and I can assure you the failure rate is pushing 100%."
In the public domain, no one knows you're a dog.
smiff writes "United Press International reports on Dastar v. Twentieth Century Fox. Reversing lower court rulings, the Supreme Court unanimously ruled that Dastar did not violate the origin-of-work provision of the Lanham act. Dastar had taken public domain video, made some modifications, and sold it as its own product. Twentieth Century Fox sued claiming they should have been given credit for the video. According to Antonin Scalia, Dastar would have violated the Lanham Act if it had simply repacked the material and sold it as its own. But since Dastar made some minor changes, the Lanham Act doesn't apply.
While Dastar has been cleared under the Lanham Act, the Supreme Court sent the case back for a rehearing. The Fox video entered the public domain in 1977, but the book it was based on is still protected by copyright."
... or get off the pot. Brazilian Joe writes "The LinuxTag folks, as you may know, are responsible for a restraining order against SCO's claims in Germany. As a result, SCO has shut down its Germany web site. Story here."
Wonder how this will turn out. My guess is the law firm will get some money, HP and Fujitsu will lose some money, but consumers will get almost nothing.
There have been a number of class action laws-uits I've noticed of late where the members of the class get little or nothing. Cases in point
-Best Buy gets sued by people who didn't understand the terms of it's extended warrenty. Best Buy settles, gives coupons for more crap at best buy to the members of the class.
-Salton (maker of the george forman grill) gets sued for price fixing. Settles. Money gets paid to health charities, consumers who theoretically lost money due to overcharges get nothing
There are a ton of similar cases.
I have blog like everyone else
I just took a look at www.sco.de, and it loads just fine for me. I don't read German, but it seems to be in German. Is this a diversionary tactic by SCO?
--Quentin
I got a NIC of one of my friends, he used to work with NetZero and they provided internet for the systems. It is a great little box for almost anything, and you can drop in a laptop hard drive in seconds. It is a good box for messing with, boots anything from the win2k install disks to knoppix perfectly, there is no unusual hardware in these things.
If you need a little terminal, get one, just add peripherals and network. I have 2 NCD Xterms on my netowork and an old 386 that has a boot rom(no moving parts in the system, quite silent) so adding another item to the boot on the network was nothing(PXE netowrk boot built into the unit) and it "just works". I have way too much running here as it is, so this unit does nothing other then random computations... I'm thinking of dropping a custom Mosix setup onto my systems in the near future(ah using my slow laptop, just run the program and it should deal with resources... I'll have fun setting that up)
These things(my version - older) have a 233Mhz processor, 64Megs ram, 4meg flashdisk, 10/100 network, 56k softmodem(drivers work), sound, usb and joystick, cdrom drive. Works great.
Anyway, enjoy!
On Arrakis: early worm gets the bird. Magister mundi sum!
News.com.com.com has an article up dissecting the contract between Novell and SCO that assigned some right over UNIX to SCO. It seems to be a pretty "murky" agreement as one of the lawyers describes it, but it does show that Novell retains the rights to all the UNIX patents and copyrights.
Sailing over the event horizon
Actually, it given a normal distribution, 34 samples will give you a better than 95% certainty on the mean and standard deviation. So 40 units is sufficent for this purpose.
No, I don't trust in god. He'll have to pay up front, like everybody else.
My reading of the Dastar decision was not that Dastar evaded the Latham act by making modifications to the original work, but rather that the point-of-origin provisions of the Latham act cannot apply to origin of creation for patentable or copyrightable ideas and expressions.
Dastar was accused of "reverse-passing-off", or selling a product made by someone else as their own, as if a Coke distributor filled Coke bottles with Pepsi and sold it as Coke. Under traditional interpretation of the Latham act (which was accepted by the Court) this is as prohibited as "passing-off", or selling their product with someone elses trade-mark on it. Both are misrepresenting the "point of origin" of the product.
The court ruled that the "point of origin" provisions of the Latham Act could not be construed to apply to the authorship of a copyrightable work.
Scalia pointed out the double-edged result of a contrary result: If Dastar had simply repackaged and resold Fox's tape series without modification, Fox could have sued them for "passing off", but if they relabelled it and didn't credit Fox, Fox did sue for "reverse-pasing-off".
Passing off someone else's copyrightable work as your own is "plagiarism", and covered by copyright. Scalia also asserted that allowing the Latham act to protect against plagiarism would, in effect, allow the Latham Act to effect a perpetual copyright, which is forbidden to it.
Fox lost the original copyright when it didn't renew it; they make no claims otherwise. Therefore, the Court rules, Fox has no claim against plagierism.
All Supreme Court cases, if the lower court is overturned, are remanded to the lower court "for further proceedings consistant with this opinion". This is boilerplate. The Supreme Court doesn't make the final decision on the case, they just answer narrowly tailored questions of law -- upon which the case usually hangs.
The kicker with this case is that it is unknown if the copyright on the original book is still valid. The copyright was renewed as a "work for hire", but the original author took tax advantages for the book as if he hadn't been hired to write it. Dastar may still be on the hook for these videos.