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Multiple ReplayTV Lawsuits Dismissed

bluephone writes "News.com.com.com.com... has article about a federal judge dismissing lawsuits brought by 5 users and the EFF over fears of being sued by media corporations. U.S. District Judge Florence-Marie Cooper stated the suits were moot since media companies agreed not to sue users in August 2003. She also pointed out that the suit brought by media companies against ReplayTV has been dismissed as well."

152 comments

  1. This just in... by NightSpots · · Score: 5, Funny

    Small consumers powerless against large corporations. Film at 11.

    1. Re:This just in... by Anonymous Coward · · Score: 0

      not quite. if the studios ever threaten again, we have this case to point to as precedence.

    2. Re:This just in... by dschuetz · · Score: 5, Informative

      not quite. if the studios ever threaten again, we have this case to point to as precedence.

      Not quite. I haven't R'd the FA yet, but I'm betting the cases were dismissed because the plantiffs "Lacked Standing." That's a legal term for "nobody's done anything wrong to you, so get out of my courtroom."

      It's one of the more frustrating aspects of our legal system (to me, anyway) -- the inability to pre-emptively decide issues. Instead, you have to wait until you're actually *sued* for something, and then, if the plantiff drops the suit, you may have to go through it all again in the future the next time they decide to rattle your chain.

      (Just like the RIAA and watermarking paper).

      Now I'll go read the article to see just how wrong I am....

    3. Re:This just in... by Anonymous Coward · · Score: 0

      ok, so there lacked standing.

      but we have a judge who acknowledged a statement by the defendant (the entertainment industry) as the major part of the decision for dismissing the case and declaring it moot. does that apply at all? would their statements come back to haunt them should they decide against go hypicrital to them?

    4. Re:This just in... by Anonymous Coward · · Score: 0

      That really sucks because I was about to sue you for defamation of character based on your response to this comment. Pre-emptive decisions would be an absolute nightmare. You can't defend yourself against a suit that might never happen. Imagine the precedent that would set.

    5. Re:This just in... by jonblaze · · Score: 4, Interesting

      Not quite. I haven't R'd the FA yet, but I'm betting the cases were dismissed because the plantiffs "Lacked Standing." That's a legal term for "nobody's done anything wrong to you, so get out of my courtroom."

      I'll add another "not quite." Although mootness is sometimes thought of as the requirement that the plaintiff maintain standing throughtout the course of the litigation, mootness really goes to whether the court's resolution of the claim in the plaintiff's favor will provide effective relief. Because the copyright owners have entered into a covenant not to sue, a declaratory judgment in the plaintiffs' favor does nothing.

      It's one of the more frustrating aspects of our legal system (to me, anyway) -- the inability to pre-emptively decide issues. Instead, you have to wait until you're actually *sued* for something, and then, if the plantiff drops the suit, you may have to go through it all again in the future the next time they decide to rattle your chain.

      And another "not quite." In the criminal context, under Steffel v. Thompson, if there is no state prosecution pending against you, you may always seek a declaration in federal court that one would be unconstitutional if so brought. But, the plaintiff must demonstrate that there is a "genuine threat of enforcement." I'm pretty sure that declaratory judgments are also available in the civil context as the court did not question the propriety of declaratory relief but rather the procedural requirement of (lack of) mootness.

    6. Re:This just in... by Anonymous Coward · · Score: 0

      Uhhhhh, yeah I knew that. It was on ahhhhhh LA Law episode.

    7. Re:This just in... by drinkypoo · · Score: 1

      I did read the article, and I am so not a lawyer I probably shouldn't comment, but look at it this way; the companies promised not to sue and that's why the case was dismissed. If they DO sue, then that should work against them in any later suit against the same (or even similar) individuals. Therefore this is probably the correct decision. Judges don't make laws, but that's essentially what this case (apparently) was seeking.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:This just in... by Mattcelt · · Score: 1
      That really sucks because I was about to sue you for defamation of character based on your response to this comment. Pre-emptive decisions would be an absolute nightmare. You can't defend yourself against a suit that might never happen. Imagine the precedent that would set.

      ...so you're saying that we should set a precendent and preclude preemptive decisions?

    9. Re:This just in... by Lonath · · Score: 1, Offtopic

      It's one of the more frustrating aspects of our legal system (to me, anyway) -- the inability to pre-emptively decide issues.

      Just say that they have weapons of mass destruction, whether they actually do or not, and the government will take pre-emptive action against them.

  2. Because we can... by pvt_medic · · Score: 2, Funny

    trust them that they will follow what they say. I can remember just not to long ago the US Treasury going back on its word. So I fully embrace this because I trust Big Corporate America.

    --
    30% Troll, 50% Underrated, 10% Interesting
    Score:5, Troll
    1. Re:Because we can... by TedCheshireAcad · · Score: 0, Funny

      I for one welcome our new Corporate America Overlords.

      Sorry, couldn't help it.

    2. Re:Because we can... by Anonymous Coward · · Score: 1, Funny

      wow, the mods are mean today. Maybe they need to get some.

      -1 Flamebait

  3. Yeah, sure. by ActionPlant · · Score: 2, Interesting

    So what's to prevent those lawsuits from happening down the road over a slightly different issue?

    Moot. Right. I never thought I'd hear that in our [lawsuit] trigger-happy society.

    Damon,

    --
    http://actionPlant.com
    1. Re:Yeah, sure. by enrico_suave · · Score: 2, Interesting

      I guess it's "moot" because they (ReplayTV) removed the features in newer models of ReplayTV that scared the MPAA/etc...

      i.e. IIRC ReplayTV jewer units no longer lets you get content from other replayTV costumers/units over the net. Please correct me if I'm mistaken about that. It *was* a very cool feature, it's a shame that it's not in the newer models.

      FWIW (surprise) I'd rather build my own and have full control over what I can and can't do with my content -- until broadcast flags/other DRM creeps in further.

      --
      Build Your Own PVR/HTPC news, reviews, &
    2. Re:Yeah, sure. by enrico_suave · · Score: 1

      OMG! this ("i.e. IIRC ReplayTV jewer units") needs to read NEWER units!

      sorry about that.

      e.

      --
      Build Your Own PVR/HTPC news, reviews, &
    3. Re:Yeah, sure. by poot_rootbeer · · Score: 1

      So what's to prevent those lawsuits from happening down the road over a slightly different issue?

      Absolutely nothing.

      And that's how it should be. Those lawsuits should be dealt with if/when they happen, not today.

    4. Re:Yeah, sure. by NanoGator · · Score: 1

      "OMG! this ("i.e. IIRC ReplayTV jewer units") needs to read NEWER units!"

      No no, the original typo was funnier.

      --
      "Derp de derp."
  4. But... by ThePretender · · Score: 0

    we weren't spared the whole O.J. Simpson ordeal. He said he didn't do it, and see how it turned out? hehe

    Oh wait, we can't take the word of suspected criminals, but we believe media companies and their promises. That makes sense.

    1. Re:But... by sleepnmojo · · Score: 1, Flamebait

      I only believe FOX news, because they are fair and balanced.

    2. Re:But... by Anonymous Coward · · Score: 0

      Whoever modded that 'flamebait' deserves being meta-modded into oblivion.

  5. Re:EFF is dying by Anonymous Coward · · Score: 0

    Have you ever considered *not* donating money? It might be better spent learning how to spell.

  6. When the suits were moot... by gnu-sucks · · Score: 1, Funny

    ...were the moots suited?

    logical attempt at humor here, come on now, its early...

    1. Re:When the suits were moot... by webtre · · Score: 0

      m00t! I mean... w00t!

      --
      litigious bastards
      suck it sco!
    2. Re:When the suits were moot... by Anonymous Coward · · Score: 0

      What do you get when you post this story on slashdot?

      A moot suit riot.

  7. Yeah, but by Anonymous Coward · · Score: 0

    future, different companies could sue. Wouldn't it be fairer to strike down the original promise and uphold this case instead?

  8. Oh it is just the replay by slashblog · · Score: 1, Funny

    dismissed ... dismissed .. dismissed

    Replay ....

    :)

    --


    ---
    Error 404: WMD Not Found
  9. It's moot. But it will come back. by Animats · · Score: 4, Interesting

    That's probably the correct decision. It's a case brought by owners of a dead product produced by a defunct company against a third party unlikely to sue them. But it will come back when low-cost PVRs that don't require a subscription service start appearing from China.

    1. Re:It's moot. But it will come back. by NanoGator · · Score: 5, Informative

      Replay's dead? Then how come they still charge me $10 a month for a service they are still actively providing?

      --
      "Derp de derp."
    2. Re:It's moot. But it will come back. by JamieF · · Score: 5, Interesting

      Oh yay. I can't wait for the day when my PVR channel guide is kept up to date by the same sort of company that prints documentation on a photocopier and deliberately omits their company name, contact info, and even product model number so you can't actually go to them for support. Excellent.

      I've worked at a PVR company on channel guide functionality, and it's not easy. The amount of data for every single show broadcast on every head end in the US is actually fairly large, and obviously it gets updated a lot. I don't think that an open source approach to maintaining a feed of channel guide data will work until / unless PVRs get a LOT more market penetration. (The data becomes obsolete very quickly, and has to be constantly refreshed, unlike software that you just keep building on.) That's why, for the next few years, somebody is going to have to get paid to provide the channel guide info. That might be your cable or satellite provider, though. A good way to get free channel guide info might be to hack your cable or satellite box, or maybe to just create a gadget that reads it right off the cable TV signal.

    3. Re:It's moot. But it will come back. by Beebos · · Score: 2, Informative

      Replay is not dead. Replay was bought by a Japanese company that also owns Denon.

      I have a couple Replays and the service has continued uninterupted. They are still making and selling Replays.

      In short, Replay is not dead.

    4. Re:It's moot. But it will come back. by radish · · Score: 2, Informative

      There is a succesful project (XMLTV?) which gets listings data by parsing various public web sites (such as provided by the networks themselves). It's used by MythTV etc. I do however have reservations about using such a system - I can't believe the data quality is as good as (say) Tivo, and it seems a bit of a liberty. The web site providers will get hit for bandwidth as people use it more.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    5. Re:It's moot. But it will come back. by 91degrees · · Score: 1

      Eventually, we may see a standard fro sending listings over the airwaves.

      Until that time, there's a viable business model here, as long as anyone can provide the listings using an open standard. The owner of the PVR could then choose a listings provider. The listings provider sets up an ISP, with one of the cheaper "premium" telephone numbers. As long as there are several competing provider companies, the prices should stay low, and the service should be reasonably good.

    6. Re:It's moot. But it will come back. by Stormalong · · Score: 1

      I can't comment on XMLTV's quality vs Tivo, but I can tell you that it is better (more accurate, better data) than the Guide+ feature built into my RCA TV (automatically aquires guide data from the cable signal somehow). I used Guide+ for quite some time after I bought my TV, and it was really great, particularly because I wasn't even aware of the feature when I bought the TV, I only discovered it after I got home. But since then I have built myself a MythTV box, so now I'm using XMLTV's guide data (which gets its data from clickTV since I'm in Canada).
      Why one is better I cannot say, since you'd figure all guide data originally stems from a single source, but I guess this is not the case.

  10. Not just a troll, but stupid too. by Anonymous Coward · · Score: 0

    If you'd read it, you'd know that the ring is vaguely sentient, and capable of modifying its own size to fit its wearer (or making itself bigger so as to fall off, if it determines that that would be the best way forward for it). That's why Gollum happened to lose it just as Bilbo showed up - the ring was trying to get out from under the mountain.

  11. Re:SATA controllers on Linux by Anonymous Coward · · Score: 0

    Sorry, that link should be this. I don't know what happened there.

  12. Paper? by uberdave · · Score: 1

    Paper gets watermarked all the time. I've never heard of any issues with it. As far as I know, it is just another form of branding, the same as having the word "Coke" on the outside of a can of Coca-Cola, or "Acme" stamped onto the base of an anvil. Please enlighten me about the evils of watermarking paper.

    1. Re:Paper? by Mattcelt · · Score: 1

      Not sure if you're trying to be funny, but just in case I'll fill you in... Basically, the RIAA members were looking for a watermark to put into songs so they couldn't be ripped and distributed anonymously. A cryptographer wrote a whitepaper about its vulnerabilities, and somebody threatened to sue him under the DMCA. He tried to preemptively block the lawsuit (a lawsuit which never occurred, due to a public outcry), but the case was thrown out for similar reasons as here.

      It was talking about the "paper about watermarks", not a watermarked piece of paper. Hope that helps.

    2. Re:Paper? by uberdave · · Score: 1

      No, I wasn't trying to be funny (well, except for the acme anvil bit). I gloss over a lot of the RIAA/DMCA stuff because, hey, it's not my country. There's nothing I can do about it anyway. So I either missed the story of this whitepaper, or I just plain ignored it. Thus I read the phrase "watermarking paper" as "placing a watermark on a piece of paper" rather than the intended "paper about watermarking".

      Thanks for filling me in.

    3. Re:Paper? by swv3752 · · Score: 1

      Kinda new to slashdot aren't ya? Especially to be trollin'.

      For those not in the know, some Professor was going to give a paper about defeating a proposed technology to "watermark" digital audio files. I think it meant have been Prof Felten, though my memory is bit hazy on that point. Anyways, the RIAA threatened to sue him under the DMCA. Additional backstory was that RIAA was holding a contest to attempt to defeat this technology.

      The EFF got involved and after seeing the potential backlash for suing a respected university professor and probably losing the lawsuit, the RIAA backed down. The professor tried to sue the RIAA for attempting to sue him first but the judge threw out the case because he was never legally sued, just threatened.

      Personally I feel that these companies that rattle legal sabers, then say just kidding when someone calls thier bluff need to be slapped down hard. (pun intended)

      --
      Just a Tuna in the Sea of Life
    4. Re:Paper? by Anonymous Coward · · Score: 0
      Personally I feel that these companies that rattle legal sabers, then say just kidding when someone calls thier bluff need to be slapped down hard. (pun intended)

      What pun?

    5. Re:Paper? by swv3752 · · Score: 1

      NY ( and some other states) Law SLAPP. Basically it is anti-barratry.

      --
      Just a Tuna in the Sea of Life
  13. WARNING!: LINUX TROLL! by Anonymous Coward · · Score: 0

    Parent post includes a link to a notorious LINUX site!

  14. Re:SATA controllers on Linux by Anonymous Coward · · Score: 0

    Who's a bigger Troll? The Troll or the Troll who follows a Troll?

    To paraphrase Obi-Wan Kenobi

  15. Re:SATA controllers on Linux by Anonymous Coward · · Score: 0
    How is it trolling to say that Linux SATA device driver situation sucks goat's penis?

    An entire new generation of ATA drives is still not supported by Linux. What's up with that?!

  16. News.com.com.com.com... by WIAKywbfatw · · Score: 0

    They really need to lose the stupid name. News.com.com? It's like a geekier version of the "And then?" gag in Dude, Where's My Car?

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    1. Re:News.com.com.com.com... by Anonymous Coward · · Score: 2, Funny

      That, coming from somebody on h tee tee pee colon slash slash slash dot dot org?

  17. Re:Binary - text by Anonymous Coward · · Score: 0

    I applaud you sir. Of all the trolls I have ever seen, I have never seen binary goatse before. Bravo!

  18. I remember similataries with Muppet Babies ... by Anonymous Coward · · Score: 0

    And that theme song in which the words could be changed to "Muppet Babies, we show our weens to you"...

    Simply sad..I pine for a simpler day.

    Your Obvious exits are NORTH, SOUTH and DENNIS.

    >

  19. Why run on Linux? by Anonymous Coward · · Score: 0
    Why not run your home server on Windows XP instead?

    Just set up a software RAID logical volume and share it.

  20. Article Summary by GoodNicsTken · · Score: 5, Insightful

    1. Hollywood firms equate skipping commercials to stealing TV 2. Sue Sonic Blue into Bankrupcy 3. Sonic Blue is forced to sell of the business unit 4. New company disables the features 5. Hollywood drops suit so they can use the same tatic against the next firm that dares give consumers fair use rights over content they have paid for. 6. .... (Any Manufactures in China want to step up? )

  21. No real problem by CelticWhisper · · Score: 4, Interesting

    OK, if I read right, the article stated that there were no grounds for the suit because the entertainment studios had pledged not to sue over commercial skipping and sharing, and have so far upheld their promise.

    So it seems to me that no real harm has been done here, despite the knee-jerk reaction to view any EFF endeavours being shot down as a bad thing.

    At least it's good to see that the studios have actually been behaving themselves. And honestly, is the commercial-skipping and file-sharing going to hurt them all that much? So far I get the impression that ReplayTV/TiVo/insert-DVR-of-choice-here is still something of a niche market. At least far more so than PCs, which are far more "dangerous" in terms of piracy, now are.

    --
    Help protect civil rights from abuse by the TSA - visit TSA News Blog.
    http://www.tsanewsblog.com
    1. Re:No real problem by GoodNicsTken · · Score: 2, Insightful

      You would consider the fact that a product which enabled fair use, which consnumers loved was sued into bankruptcy/submission a problem?

      Not only that, but the declaritory ruling the EFF was seeking would have clarifyied the entertainment industry's right to do this again. Since it was dismissed, they are free to sue the next one and do this again. Yea, I agree, no harm done here. !?!

    2. Re:No real problem by milo_Gwalthny · · Score: 1

      The company wasn't sued into bankruptcy. It went bankrupt on the merit of its business model.

      For a lawsuit to drive it into bankruptcy, there would have either had to be a judgement or a drop off in sales because of the litigation. Neither of these was the case.

      --
      Milo
    3. Re:No real problem by Rogerborg · · Score: 1

      Excellent! I guess I'll go and buy a PVR with commercial skipping and sharing. I bet there's lots to choose from!

      Um...

      --
      If you were blocking sigs, you wouldn't have to read this.
  22. Re:First Ninnle Post by Anonymous Coward · · Score: 0

    Ninnle Linux is the PREMIER Linux distribution. However, it is kept so secret by its developers that only a few key players in the Linux community even know of its existence. Alan Cox, Bruce Perens, and Linus Torvalds all use Ninnle Linux on their personal computers. I'm sure there are some others, but I know for a fact that they do (they are the leading developers). What I want to know is why they feel that the general public geeks are not ready for it? I was touring GNU headquarters and peeked in a room and saw a glimpse of something, then was immediately pulled out by armed guards. What is there to hide? I thought this was an "open" community! I tried taking my case to the EFF, but they turned me down. They must be in on it! This conspiracy goes to the highest levels. Perhaps I've said too much. I fear for my life, and will meet you in Peru. Don't wait for me; leave now. We will be together soon, my love.

  23. At least MS provides support by Anonymous Coward · · Score: 0
    I'd like to see you to challenge that, Lunix weenies!

    And no, patching vanilla kernel or binary drivers won't do since the open source is supposed to be so great and light years ahead of windows - out of box!

  24. features restored by mikeee · · Score: 2, Interesting

    The real question is, does this mean we get the commercial skip and internet transfer features enabled on the 5xxx (and/or any new) series boxes from Replay, and not just the older 4xxx like I have?

    1. Re:features restored by MadAnthony02 · · Score: 4, Informative

      The 50xx (I have a 5060) still have commercial skip and internet transfer. The 55xx (the current models) don't have it, and probably never will. The lawsuit of the Hollywood studios was dismissed partly because Replay/dnna agreed to drop these features. This lawsuit affects RePlay users who were suing the studios.

    2. Re:features restored by KUHurdler · · Score: 1

      Apparently, if you use a hard drive image from a 50xx machine on a 55xx machine, it works just as a 50xx machine, with Commercial Skip and Internet Video Sharing.
      It will continue to work unless you set it to restore the factory defaults. I am considering trying this on my 5504 model soon. Just an FYI.

      --
      Fix Your Own TV - RiddledTV.com Avoid the Landfill
  25. I don't get it... by xianzombie · · Score: 1

    Aren't their some VCRs (or other VTRs) that had built in commercial skipping?

    Did I miss lawsuits over that back in the day, or did no one care during the heyday of VTRs?

    I'll post a reply once I find an example, but perhaps someone can back me up on this.

    1. Re:I don't get it... by Drathos · · Score: 1

      Most of those only scan forward for a certain amount of time without having any way of checking to see if what is being displayed is a commercial or not.

      I've used a couple different VCRs that had a skip function. They would fastforward 15-20 seconds (depending on model) and continue playing. Press the button enough times and I'd be through the commercials. Unfortunately, I would usually have to rewind a bit because they would skip right past the resuming of the show.

      --
      End of line..
    2. Re:I don't get it... by NanoGator · · Score: 1

      "Aren't their some VCRs (or other VTRs) that had built in commercial skipping?"

      Commercial 'fast-forwarding' would be a better term. It was an imprecise feature, plus the ads were still on TV. This is different from *zap* you're past the commercial.

      I just hope ad skip becomes 'competition' instead of 'litigation'.

      --
      "Derp de derp."
  26. Fast Forward isn't illegal, just Auto Fast Forward by Mal+Reynolds · · Score: 4, Informative

    All new Replay units still have the commercial skip functionality. The only difference is that a very tiny bit of user input is now required to access the feature.
    The old version used to work auto-magically skipping all the commercials with no user input.
    The new version does exactly the same thing, only it requires the user to push a button at the start of every commercial break. Not every commercial mind you, just every 2 to 5+ minute commercial segment. And just one button...
    But that one button is enough to make it the previously-automagic feature a "manual" function. And I suppose no one in the entertainment industry thinks such a feature is worth litigating. After all, it's really nothing more than a FFF (fantastic fast forward). Remember, Replay units never deleted commercials, they just made insert points and skipped them in the video stream, you could always go back and watch them if you liked.
    Since the new version is little more than a manual FFF, I gather the entertainment industry would have very hard time trying to prove in court that the all-too-similar Fast Forward on VCR's has been illegal all this time.

  27. Re:Fast Forward isn't illegal, just Auto Fast Forw by Buran · · Score: 4, Informative

    TiVo has 30-second skip as well, though it's an "easter egg" that requires a sequence of button pushes that isn't in the official docs anywhere. It also disables itself whenever the unit upgrades its OS. Mine did this last week but the 30-sec skip re-enabled with no trouble (once I punched it in right, anyway!).

    According to at least one TV exec, I'm stealing by doing this because I don't see their ads ...

  28. Sonicblue is dead... by MadAnthony02 · · Score: 1

    I think the OP meant that SonicBlue, which made replay when they had commerical skip and internet program sharing, no longer exists. They were the company being sued originally. RePlay was bought by Digital Networks North America (owned by the owners of Denon and Marantz) who now provide the RePlay service. While I guess DNNA would still be liable since they bought RePlay, the fact that they dropped commercial skip and internet sharing probably in the new models makes the issue matter less.

  29. Show|Nav isn't the same as CA... by jlv · · Score: 1

    I have a Replay 55xx and the new "manual commercial advance" (called Show|Nav) is not quite the same thing as CA (commercial advance, for 50xx). For once thing, for broadcast shows, it never gets the segments right, and skipping forward often skips to the start of the next commercial break! Now, I've not tried a 50xx unit with CA with the same sort of shows, but if the feature worked like this, I don't think Hollywood would mind.

    The 55xx are physically the same as the 50xx models, except the 50xx models had CA and IVS (Internet Video Sharing), which is what spawned this lawsuit.

    DNNA (the successor to SonicBlue) has not announced that they'll re-enabled CA and IVS on 55xx units. But, since they disabled the feature voluntarily (after buying SonicBlue), I suppose they could.

    1. Re:Show|Nav isn't the same as CA... by jlv · · Score: 1

      And Show|Nav is completely different from the 30-sec skip button on the remote.

  30. The point is not moot! by Anonymous Coward · · Score: 0

    Webster's Revised Unabridged Dictionary (1913)

    Moot \Moot\, v. i.
    To argue or plead in a supposed case.

    Moot \Moot\, n. [AS. m[=o]t, gem[=o]t, a meeting; -- usually in comp.] [Written also mote.]
    1. A meeting for discussion and deliberation; esp., a meeting of the people of a village or district, in Anglo-Saxon times, for the discussion and settlement of matters of common interest; -- usually in composition; as, folk-moot.
    --J. R. Green.

    2. [From Moot, v.] A discussion or debate; especially, a discussion of fictitious causes by way of practice. The pleading used in courts and chancery called moots.
    --Sir T. Elyot.

    Moot case, a case or question to be mooted; a disputable case; an unsettled question. --Dryden.

    Moot court, a mock court, such as is held by students of law for practicing the conduct of law cases.

    Moot point, a point or question to be debated; a doubtful question.

  31. What did happen to the ring? by Anonymous Coward · · Score: 0
    Sauron was a lesser ainur, a maiar, but still an ainur - his essence indestructible. Sauron was "killed" at least once before coming up with the plan to make a bunch of rings. He dissipated and took a long time to gather himself back into a coherent entity - he put a chunk of himself into the One Ring not only to gain dominion over the wielders of the lesser rings, but also to speed this process of reorganization should he ever discorporate again.

    The physical ring was invincible, impervious to everything - except, ostensibly, the fires of Mount Doom. But its invincibility was conferred by Sauron's imbuement, and Sauron as an ainur cannot be destroyed, only dissipated.

    The flaws and foibles of Sauron's physical manifestations, such as the one defeated by Isildur, do not transfer to the ring - unlike Sauron-qua-man you cannot harm it with axe blows or sword strikes. So the question is, "what's so special about Mount Doom?" The ring wasn't indestructible because it was forged there, it was because it was a part of the indestructible elemental force called Sauron.

    So how could a volcano destroy what was otherwise impervious to physical destruction?

    It couldn't!

    The only logical conclusion is that Istari and other 'good' elementals only wanted it put there because of its utter inaccessibility to mortals. But that doesn't really make sense, as a volcano would not be inaccessible to Sauron himself in his elemental form.

    What Gandalf et al really did is buy Middle-earth some time until the part of Sauron not contained in the ring gains enough coherence to retrieve the One Ring from the bottom of the volcano...

  32. Does anybody know... by jhoffoss · · Score: 1

    if the agreement not to sue is legally binding? And if so, what is this agreement with respect to? (i.e. they will not sue at all, or they will not sue users who exploited one particular avenue of transferring media, or they won't sue if one of their lawyers has indigestion?)

    --
    Linux: The world's best text-adventure game.
  33. DVArchive? by joeytsai · · Score: 3, Interesting

    If you own a ReplayTV, you know the killer feature for it is DVArchive. (sourceforge site)

    However, I'm rather concerned about it. The website, although hosted on sourceforge offers no source code and repeated attempts to contact the author have been ignored. He's allegedly planning a rewrite of some kind, which is fine, I just want the source for the older version.

    Is anyone a developer for DVArchive or have access to the source? This is not at all an insult to DVArchive or its developers, it's a great program, but in compliance of its license, I'd really like to see the source code.

    --
    http://www.talknerdy.org
    1. Re:DVArchive? by GizmoToy · · Score: 3, Informative

      You are looking for Gerry, the developer of DVarchive. If you want to get in touch with him, I recommend heading over to the ReplayTV section of the AVSforum. He posts regularly there with updates on the newest DVarchive versions.

      While he gives the program away, I seem to remember him preffering to keep the code to himself. Couldn't hurt to ask...

    2. Re:DVArchive? by Anonymous Coward · · Score: 0

      He has posted a tgz and a zip file, along with the exe and the Mac sit; doesn't the tgz at least have source?

      The zip is labelled platform independent, just like the tgz, so it ought to also have source.

      Do you understand how the file release pages work at sourceforge? If not, click here:

      http://sourceforge.net/project/showfiles.php?group _id=56101

    3. Re:DVArchive? by TellarHK · · Score: 1

      I sent him an email yesterday for just such a purpose as asking about access to either source code or documentation on how to access the ReplayTV system if I were to work on another application, and am still hoping for a reply. I think ReplayTV integration with something like MythTV could be an incredible addition to the MythTV add-in suite.

      DVArchive is a great bit of software, and thanks to it being written in Java it serves quite well as a multi-platform tool. But there just don't seem to be a lot of updates to information on it, and I'm starting to worry that it's going to just turn into vanish-ware before the knowledge it holds can be released. There were some source links to it some time back, but I have no idea where they might be now. Gerry said the CVS for the original sourceforge site got corrupted at some point.

    4. Re:DVArchive? by mikeee · · Score: 1

      Which is his business, but the sourceforge page oughn't say it's GPL if that's so.

  34. Re:Fast Forward isn't illegal, just Auto Fast Forw by TwistedSquare · · Score: 3, Interesting

    I have always thought that all that this debate surrounding skipping ads will just cause a change in the business model for TV ads. If people are going to skip the ads, I figure there are a few options - display them while the actual program is running (not popular, and can be disabled by image processing hardware), shift towards product placements (which has been happening the past few years), or start charging proper subscription to channels. The last option makes the most business sense, but that would force TV companies to make TV that people actively want to watch, a pretty tricky business. I wouldn't want to be a broadcaster at the moment.

  35. Actually... by jbarr · · Score: 3, Informative

    Actually, this had nothing to do with the 30 second QuickSkip, but with ReplayTV's "Commercial Advance" feature that automatically "sensed" commercial breaks, encoded that data along with the recorded show, and then let the viewer optionally "elimintate" (in theory) all commercial breaks. The networks didn't seem too upset that you could skip blocks of time or fast forward--people still sometimes view commercials and even forget to skip. It's the non-interactive, automatic Commercial Advance feature that they were up in arms about.

    --
    My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
    1. Re:Actually... by Buran · · Score: 1

      Yep. It's just amusing that they can get persnickety about the difference between pushing one lousy button and not doing so. Only in America...

  36. siggy by Anonymous Coward · · Score: 0
    Sig: "All negative mods are now being metamodded as unfair. Think before you abuse."

    Too bad you lose 1 Karma for every 3 mods you metatmod as unfair...

    1. Re:siggy by NanoGator · · Score: 1

      I lose more karma to moderators abusing their power. They stop, I stop.

      --
      "Derp de derp."
    2. Re:siggy by Anonymous Coward · · Score: 0

      metamodding all negative mods as unfair is abuse. you need to uncheck the "willing to moderate" box.

    3. Re:siggy by NanoGator · · Score: 1

      No it's not, and no I won't. All this criticism, yet nobody's asking me any questions like 'why'.

      --
      "Derp de derp."
    4. Re:siggy by Anonymous Coward · · Score: 0
      We don't need to know "why" to know it's abuse. Negative moderation exists for a purpose--to lower the score of offensive posts. If someone posts a goatse link at +2 I *want* that person modded down.

      If you metamoderated all *unfair* negative mods as unfair, great. Otherwise you are abusing your metamod privliges.

    5. Re:siggy by Anonymous Coward · · Score: 0
      And what's so wrong with a goatse-post?

      You find it offensive? What are you going to do next? Burn books you find offensive?

      Asshole.

    6. Re:siggy by Anonymous Coward · · Score: 0

      Uhhhh...yeah, that showed me.

    7. Re:siggy by Anonymous Coward · · Score: 0

      I think you are the stupidest person on slashdot. But I mean that in the nicest way possible.

    8. Re:siggy by Anonymous Coward · · Score: 0

      Meta-moderation is about personal feelings, not hard facts. If he feels moderators shouldn't be allowed to mod people down, then it is his right to say so.

      I agree with him. Mods should not waste time modding down anonymous posts, they should instead mod up interesting posts. Force people to log in in order to troll.

    9. Re:siggy by Anonymous Coward · · Score: 0

      It felt really good to waste all 5 of my mod points modding stuff in this thread down!

    10. Re:siggy by Anonymous Coward · · Score: 0
      I thought metamoderation was about following the rules of the forum.

      But that's beside the point. Would you want someone posting ASCII goatse art at +2 and not getting modded down?

      How about someone posting a link to a site that opens hundreds of bouncing pages of offensive pictures in your browser? At work? That plays a sound file that says "I'm surfing gay porn"? Do you want that link to stay at +2? Or at +4 if some moderators didn't follow the link before modding?

    11. Re:siggy by Anonymous Coward · · Score: 0

      >but that's beside the point. Would you want someone posting ASCII goatse art at +2 and not getting modded down?

      They will only be able to do that once. Otherwise they'd have to register a new nick and get up to +2 again.

    12. Re:siggy by Anonymous Coward · · Score: 0
      They will only be able to do that once. Otherwise they'd have to register a new nick and get up to +2 again.

      Why not? It's not like they're getting modded down or anything.

    13. Re:siggy by NanoGator · · Score: 1

      "We don't need to know "why" to know it's abuse."

      Yes, you do, considering that the metamod instructions say "The metamoderator decides if the moderator's rating was fair, unfair, or neither." So yeah, you have to know why I would metamod every negative post down before knowing if I'm abusing anything. Until you know, you are in no position to judge.

      This is the last I am saying on the topic. If you'd like me to respond to anything you have to say, then log in. Risk your karma as I'm risking mine. If you're unwilling to do that, then I guess you just plain don't feel so strongly about it.

      --
      "Derp de derp."
    14. Re:siggy by Anonymous Coward · · Score: 0
      "The metamoderator decides if the moderator's rating was fair, unfair, or neither."

      And you make that decision without bothering to check the post to see if the rating was fair, unfair, or neither. That's abuse.

      "So yeah, you have to know why I would metamod every negative post down before knowing if I'm abusing anything."

      No, I wouldn't. Abuse is abuse Your rationale is irrelevant.

      "This is the last I am saying on the topic"

      I understand. You can't defend your position so you refuse to talk about it. Nothing new here.

      "Risk your karma as I'm risking mine."

      You're so brave!

    15. Re:siggy by Anonymous Coward · · Score: 0

      Do you really think meta-moderation works? You're a fucking moron.

    16. Re:siggy by Anonymous Coward · · Score: 0

      It is hard to take your defense of metamoderation seriously when you're posting anonymously. You must be a rookie troll.

    17. Re:siggy by Anonymous Coward · · Score: 0
      "It is hard to take your defense of metamoderation seriously when you're posting anonymously"

      Posted by an AC? If you were smarter you would see the humour in that.

    18. Re:siggy by Anonymous Coward · · Score: 0

      They would be banned, doofus. Is Slashdot the only forum you visit, retard?

    19. Re:siggy by Anonymous Coward · · Score: 0

      You want a dumbshit to meta-moderate fairly, but you are posting anonymously to avoid being modded down. By posting AC, you are being a royal retard. On the other hand, I'm defending the dumbshit's view, and by posting AC I'm supporting his point.

      No, a smart person would not laugh at me for posting anonymously, but he would definitely laugh at you for destroying your own credibility.

    20. Re:siggy by Anonymous Coward · · Score: 0
      They would be banned, doofus.

      Banned by who? The moderation system exists so that the editors don't have to examine every post for goatse links. By punishing moderation you're putting that burden back on the editors, which defeats the purpose of moderators.

      The fact that you can't understand this means you're probably not smart enough to go around calling anyone else a retard.

    21. Re:siggy by Anonymous Coward · · Score: 0

      You use the word 'retard' a lot. I think that's because you're parroting the way your parents talked to you.

    22. Re:siggy by Anonymous Coward · · Score: 0

      >By punishing moderation you're putting that burden back on the editors, which defeats the purpose of moderators.

      The whole reason you two asshats are arguing is because moderators are abusing their powers. You should worry about how to fix that instead of trying to shoot this guy down. Otherwise, you both will argue perpetually.

      I don't agree with meta-moderating all unfair posts down, but I do agree that the only way meta moderation will be fixed is by breaking it in the first place.

    23. Re:siggy by Anonvmous+Coward · · Score: 1

      "I don't agree with meta-moderating all unfair posts down, but I do agree that the only way meta moderation will be fixed is by breaking it in the first place"

      I think abusive moderatorship would drop significantly if we can see who mods who for what.

      I think AC's right, though, it ain't going to happen unless meta-moderation is demonstratably underpowered.

    24. Re:siggy by Anonymous Coward · · Score: 0

      If you believe so much in the moderation system here, then I suggest you stop posting AC.

    25. Re:siggy by Anonymous Coward · · Score: 0

      Maybe he's a psychologist and that's his expert opinion of you.

    26. Re:siggy by Anonymous Coward · · Score: 0

      Maybe he isn't. And why use the word "he"? You're the same guy.

    27. Re:siggy by Anonymous Coward · · Score: 0

      Are you trying to say AC posts can't be moderated? Interesting.

    28. Re:siggy by Anonymous Coward · · Score: 0

      Are you trying to dodge my challenge? Interesting.

    29. Re:siggy by Anonymous Coward · · Score: 0

      Wrong.

    30. Re:siggy by Anonymous Coward · · Score: 0

      I'm pointing out that your challenge is stupid.

    31. Re:siggy by Anonymous Coward · · Score: 0

      Right.

    32. Re:siggy by Anonymous Coward · · Score: 0

      You lose, thanks for playing.

    33. Re:siggy by Anonymous Coward · · Score: 0

      Chicken shit.

  37. Re:Fast Forward isn't illegal, just Auto Fast Forw by Cyno · · Score: 2, Interesting

    The way I justify this is I think cable TV should be free as long as they want to advertise on it. If I'm paying for it they are stealing my time and should be forced to pay me for it. My time is far more expensive than the cost of cable TV.

  38. And Like We're Going to Believe This??? by Anonymous Coward · · Score: 0
    were moot since media companies agreed not to sue users in August 2003


    And like we're going to believe this? They can change their minds a whole lot easier than one can refile and move along lawsuits. What a crock. At minimum, and injunction should have been issued to enforce these agreements!

  39. Re:Fast Forward isn't illegal, just Auto Fast Forw by Buran · · Score: 1

    They're not just stealing from you in obvious ways, it's the non-obvious ones that are more insidious.

    It's irritating that they're removing stuff we want to see (show content) and putting in more ads (crap). The average amount of time spent on actual show has gone down and the number of ads has gone up.

    Aren't they stealing from us, their customers, by doing this? And aren't they stomping on the "works" created by "content creators" -- namely, the directors and cast members and crew? Where's the lawsuits and screaming about that?

  40. Nope, no source in tgz. by Anonymous Coward · · Score: 0

    I checked; the tgz only has a jar file.

    The project summary says GPL, so it seems like he might be another programmer who wants to release under the GPL, but doesn't actually understand the GPL at all (you are supposed to release code, that is the point).

  41. Re:Fast Forward isn't illegal, just Auto Fast Forw by Anonymous Coward · · Score: 0

    Tell it to my DVD player that only fast forwards when they say its ok...

  42. Talking About Commercial Skip, Not 30-Second Skip by meehawl · · Score: 1

    TiVo has 30-second skip as well

    Yes, ReplayTV has time-based FWD and REV buttons, but this is a seperate function that intelligently skips forward past entire blocks of commercials until it finds the beginning of the next show segment.

    Sometimes it works very well, sometimes it just skips until a station identifier. But it usually beats the fixed-time skip button.

    I have one of the older ReplayTVs that has the auto (ie, no button) skip feature as well, so it's nice to be able to choose from three ways to avoid adverts without jumping through obscure remote control ritual magic hoops like on the Tivo.

    --

    Da Blog
  43. Re:Talking About Commercial Skip, Not 30-Second Sk by Buran · · Score: 1

    On the other hand, TiVo has never sold boxes that were labeled as including service and then gone and deactivated boxes that were legally bought with the understanding that they included service...

    Though even before all that, I knew I wanted a TiVo, commercial skip or not, based on personal experience with both boxes. Some models of ReplayTV don't work too well with closed captioning, for example, and the captions vanish until the box is hard-rebooted, for example. And I liked TiVo more overall, including its interface.

    Do ReplayTVs run on Linux? I know that's way off topic, but I'm curious.

  44. Commercial Advance on a VHS VCR by Anonymous Coward · · Score: 0

    I bought a JVC brand VCR in January 1999 that had full commercial advance, just like ReplayTVs did. After it recorded the show, it would go back through and mark the commercials. As you watched it, it would give you a blue screen and fast forward through the commercials. You saw only the blue screen for a few seconds and no sound. This was pretty accurate about finding the start and finish to commercials for most shows, and I used it a lot. How is ReplayTV's feature different than this?

    BTW, this was not the first model that JVC they made that did this, which means it was available at least a year before I got mine. I wish I could remember the specific model number.

    1. Re:Commercial Advance on a VHS VCR by xianzombie · · Score: 1

      yay! someone that could explain that better than myself.

      thats exactly the kind i was talking about though, as the commercials are typically driven and higher levels than normal broadcasts. I believe thats what made this possible. RCA did this as well.

  45. Re:Fast Forward isn't illegal, just Auto Fast Forw by Anonymous Coward · · Score: 0

    The title of the parent posting is wrong.

    I have a VCR with "commercial advance" that marks and skips commercials for me if I want and I can set skipping to be either manual or automatic. It's not illegal!

  46. It's called a law by Oriumpor · · Score: 1

    We already have a branch of government to make it.

    Even if the supreme court gets to re-write our constitution, it doesn't mean it's right.

  47. Re:Fast Forward isn't illegal, just Auto Fast Forw by brad3378 · · Score: 1

    If I cover my ears & eyes for 30 seconds while commercials are on, is it considered stealing?

    --

  48. Re:Fast Forward isn't illegal, just Auto Fast Forw by Buran · · Score: 1

    Yes, well, you know, I'm sure it is, because apparently they have to make a "special exception" for taking a bathroom break. (I know... insane.)

  49. Re:First Ninnle Post by Anonymous Coward · · Score: 0

    OK. I'll be the one wearing the red fedora.