(8) UNSOLICITED PANDERING ELECTRONIC MAIL MESSAGE- The term `unsolicited pandering electronic mail message' means any electronic mail message which the recipient, in his or her sole discretion, believes to be erotically arousing or sexually provocative that is sent to a recipient with whom the initiator does not have an existing consensual relationship or has been sent by the initiator without the express consent of the recipient.
So what if, unsolicited, I send a scholarly dissertation on the evolution of the sea slug to Roblimo, but unbeknownst to me, it gets him all hot? (You just never know with Roblimo.)
I equate "Critics of the DMCA" with "Readers of Slashdot and Linux users." Perhaps this is silly... are there other large groups of people organized against the DMCA? I think librarians in general probably are... but I also think that/. readers & Linux activists may have more political/PR clout than they realize.
Or I could be on crack.:)
No comment.;-)
As a small bit of historical background, DMCA was enacted in 1998, but there have been legislative proposals to deal with technological circumvention measures since about 1995, IIRC. Many Law Professors were concerned about those proposals from the beginning, fought them, fought DMCA, before ever enacted.
Obviously, the fight was not successful, but the outgrowth of that early work still influences the legal debate today. See, for example, this paper by Professor Pamela Samuelson at Berkeley, published virtually right after DMCA became law, still frequently cited.
University of Hawaii researchers have identified the first materials formed in the solar system 4.56 billion years ago, which may ultimately reveal how the system was formed.
It is a principle well established in this country that the press is free to publish what it likes, with small constraints for libel and issues of national security.
The very first sentence reveals a pet peeve of mine, one developed from having represented both individuals and the press in First Amendment cases for more than 20 years.
The First Amendment does not give any special protections to the press in this type of matter, the rights it guarantees are to individuals and the media alike.
Much later on, the article hints at this, but then reverts to the "freedom of the press" mantra.
OK. I've expressed my peeve, but it is a good article.
Rumors are circulating fast and furious that Elian Gonzalez will be a last-minute addition to the crew of this mission.
A NASA spokesmodel is rumored to have said that "Elian's rapidly increasing knowledge of international relations will be a valuable asset to this mission. Besides, if we can get him off the damn planet for awhile, perhaps we can return to normal, run of the mill day to day lunacy."
Personally, I was looking forward to a 10,000 word essay from CmdrTaco concerning the World Bank, the International Monetary Fund, the protests in D.C., what started them, how to solve them, what sorts of basic monetary reform are needed, how, if at all, to make a better international monetary system, and of course, CmdrTaco's top ten recommendations to Alan Greenspan.
Or at least pix of CmdrTaco touring the riot area in Roblimo's limo.
If anyone cares, Wired was not the first to report on this, they filched the idea from an article in Salon the previous morning.
It might make an interesting study to see how many Wired News articles actually are original in comparison to those which are "me too" follow-ons to the reporting of others.
... is this Monday, 3/27, 2:00 p.m., Federal Court in Boston, courtroom of Judge Edward Harrington. As always, court is open to the public, on the off chance that any slashdotters in the area feel like dropping in.
Acourding to the artical, the Suit is being filed by Microsystems Software... Not Mattel, infact the string "Mattel" doesn't even appear in the artical whatsoever (case insensitive). Now this may be an outside peice of information that the author just happend to know, but from this it really dosn't look like Mattel ether makes this product or is filing suit. Do you have any backup that says it is Mattel?
There have been many domain name matters which have been resolved. ICANN has them all here, listed by domain name, or here, by proceeding number, or even here, by commencement date.
Linux is ready to fulfil the requirements of most desktop users, according to the chief technical officer of SuSE Linux and founder member of the XFree86 organisation, Dirk Hondel.
The comments follow widespread reports that Hondel's boss, SuSE chief executive Roland Dyroff, has said the opposite, claiming that Linux still isn't ready for desktop use. Hondel, keen to clear up the mess, explained to ZDNet in an exclusive Eye2Eye interview -- to be published next week -- that Dyroff's statement had been misconstrued. "It was a conditional statement taken as a general statement," said Hondel.
Hmm, sounds like they're learning to speak the corporatespeak doubletalk, perhaps they are ready to do the compete-with-Windoze-walk
Call me a cynic, or call me a cab, I don't care, but I find this exchange rather telling:
Tim: With the Web we've had this incredibly fertile period marked by a great deal of sharing and consequent innovation, most of it by independent developers who've learned by looking at what others were doing, imitating it and then playing leapfrog. And it is these developers whose efforts are most harmed by the fear that they may be sued by a player like Amazon.
Jeff: We aren't going after those developers. There are lots of people using 1-click purchasing on their sites whom we aren't suing. We're just going after the big guys who are going after us, the guys who are not innovating themselves but just copying us and working to crush us.
If Bezos seriously believed in his patent for 1-click, would it not make more sense for him to go after all who (allegedly) violate it? What is the point of a patent if one does not enforce it against known (alleged) violators?
I'm not saying he should enforce it at all, but the fact that he is so open in his ideas of selective enforcement suggests to me ulterior motives.
In order to register a domain with all of the individual countries out there, like domain.com, then domain.com.jp, domain.jp, domain.com.de, domain.de, etc. etc. to cover every contry, is there anybody who's found an easier method than contacting the individual registrar's listed for each country? Isint there a way to globally register a name with every domain registry on earth?
NetNames handles everything from single.com and.co.uk domain registrations to overseas registrations in over 200 countries. Our Global High Risk Package registers your name in the countries where names are most at risk. Contact the Corporate Services department of your local NetNames office for further information.
This is actually the only issue I have with the democratic side. When I hear that name -- "Tipper Gore" -- It's synonomous with "Music Censor". Is "Internet Censor" that far of a stretch? Ah, but that was then, this is now (or, more correctly, about two months ago). Me, I think the idea of the Gores being in bed (figuratively) with the Zappas is even more frightening, but here's the news item:
NEW YORK (AP) -- Diva Zappa, the late Frank Zappa's 20-year-old daughter, has released her first record with a little help from some well-placed friends: Tipper Gore and her daughter Kristen. The single, ``When the Ball Drops,'' was provided to radio stations on Tuesday. Diva Zappa's 30-year-old brother, Dweezil, wrote the music and she wrote the words. It was recorded in the studio Frank Zappa built in his Los Angeles home. ``Basically this song is about my hunt for someone to make out with for the millennium,'' she said. ``The song went all right but my hunt is failing.'' Vice President Al Gore's wife, who is a friend of Gail Zappa, Diva's mother, played drums and sang backup. Kristen Gore also sang backup, along with Dweezil Zappa's girlfriend, singer Lisa Loeb.
Perens makes a broader point, one which applies well beyond just the areas of patent and copyright law:
This is a classic problem of the nerd personality: we're both the alienated and the alienator. We only want to hang with people like us. Well, the next ten years can't be like the last twenty. We can't go off and form our own country; we have to educate the people around us. That's a real jump. That means: Let's not talk like nerds to them. Let's translate these hard things into something they can understand. The consumer electronics companies, the big Web conglomerates, the traditional media companies like Disney and NBC have been expert at taking something very technical and making it palatable to the public, because they provide those things as products. We have to use the same language. We have to say, "Hey, public, here's how you'll be living in ten years. This is how you'll be reading the paper over your morning coffee. And this is how people want to make that hard for you. This is how they want to reduce your rights."
It is wonderful to understand from a technical perspective what is going on, to be able to parse it, to preach to the choir. But unless the concepts are articulated in layperson's terms, understandable to those not as well versed in the tech as regulars here, any impact one might hope to have will be minimal at best. The masses may or may not be clueless, but unless those who have a clue speak to them, in a language which they will understand, don't expect even the hope of change.
XXIV. Of Speaking in the Congregation in such a Tongue as the people understandeth.
It is a thing plainly repugnant to the Word of God, and the custom of the Primitive Church to have public Prayer in the Church, or to minister the Sacraments, in a tongue not understanded of the people.
Would it be unreasonable to bring a libel lawsuit to bear on David Burt, for his damage to you? Yes, it would. As a member of The Censorware Project, I have as much interest as anyone in our work being praised, or criticized, on the merits instead of on false memes. But as a First Amendment lawyer who has been defending libel actions for more than twenty years, I know that it would be extremely difficult to win such an action, and that, win or lose, the mere filing of such an action would play right into the hands of Burt or other critics. Think "First Amendment Advocates Only Support Their Speech," or the like The law imposes a very high burden on so-called public figures, and the Censorware Project members are public figures, at least for our censorware work. Overcoming that burden is, and should be, difficult. But apart from what the law requires, a true believer in the right of free speech must recognize the right by supporting the right to speak of those with whom one most vehemently disagrees. Libel suits have a major chilling effect on speech, and not just those who are sued, but those who are aware of the possibility of being sued. Our common interest at The Censorware Project is censorware, but that interest arises from more fundamental beliefs about the right to speak, and about not chilling the speech of others. Each one of us could give many examples of being slimed by Burt, but I would not for a moment think of suing him over any.
Obviously, what DoubleClick should have done was to sign on with TRUSTe. That, plus a quarter, would have solved everything, and bought a cup of coffee too.
Maybe their Alien Episode involves one of their 'puters crunching an important signal block from Seti@Home? No, no, no, this is a spinoff, remember? It would have to be from YETI@Home.
So what if, unsolicited, I send a scholarly dissertation on the evolution of the sea slug to Roblimo, but unbeknownst to me, it gets him all hot? (You just never know with Roblimo.)
Am I screwed?
(a) FINDINGS- The Congress finds that:
(1) There is a right of free speech on the Internet.
I'm so happy Congress found it, I thought it was lost before.
Hormel, which holds the trademark on spam, might sue you for infringement. ;-)
No comment. ;-)
As a small bit of historical background, DMCA was enacted in 1998, but there have been legislative proposals to deal with technological circumvention measures since about 1995, IIRC. Many Law Professors were concerned about those proposals from the beginning, fought them, fought DMCA, before ever enacted.
Obviously, the fight was not successful, but the outgrowth of that early work still influences the legal debate today. See, for example, this paper by Professor Pamela Samuelson at Berkeley, published virtually right after DMCA became law, still frequently cited.
There will be an Ebay auction tomorrow.
Already taken:
VERIZON-BLOWS.ORG
VERIZON-BLOWS.NET
VERIZON-BLOWS.COM
VERIZON-BITES.ORG
VERIZON-BITES.NET
VERIZON-BITES.COM
VERIZONBLOWS.ORG
VERIZONBLOWS.NET
VERIZONBLOWS.COM
VERIZONBITES.ORG
VERIZONBITES.NET
VERIZONBITES.COM
VERIZON-WIRELESS-SUCKS.ORG
VERIZON-WIRELESS-SUCKS.NET
VERIZON-WIRELESS-SUCKS.COM
VERIZON-WIRELESS-BLOWS.ORG
VERIZON-WIRELESS-BLOWS.NET
VERIZON-WIRELESS-BLOWS.COM
VERIZON-WIRELESS-BITES.ORG
VERIZON-WIRELESS-BITES.NET
VERIZON-WIRELESS-BITES.COM
VERIZON-STINKS.ORG
VERIZON-STINKS.NET
VERIZON-STINKS.COM
VERIZON-SHITS.ORG
VERIZON-SHITS.NET
VERIZON-SHITS.COM
It is a principle well established in this country that the press is free to publish what it likes, with small constraints for libel and issues of national security.
The very first sentence reveals a pet peeve of mine, one developed from having represented both individuals and the press in First Amendment cases for more than 20 years.
The First Amendment does not give any special protections to the press in this type of matter, the rights it guarantees are to individuals and the media alike.
Much later on, the article hints at this, but then reverts to the "freedom of the press" mantra.
OK. I've expressed my peeve, but it is a good article.
A bit lengthy?
Meaning no disrespect to my friend Michael, but the document was written to convince the Court, not slashdot readers. ;-)
This lawyer's view is that it does a nice job of that, though I hazard no predictions as to how Kaplan will view it.
Why is this story not on slashdot's top page?
A NASA spokesmodel is rumored to have said that "Elian's rapidly increasing knowledge of international relations will be a valuable asset to this mission. Besides, if we can get him off the damn planet for awhile, perhaps we can return to normal, run of the mill day to day lunacy."
Or at least pix of CmdrTaco touring the riot area in Roblimo's limo.
The day the Titanic sunk.
The day I was born.
The day JenniCam was born.
Obviously, history has a way of evening things out.
... blame Canada for "Blame Canada!" not winning?
It might make an interesting study to see how many Wired News articles actually are original in comparison to those which are "me too" follow-ons to the reporting of others.
Then again, it might not.
Be polite if you do.
Cyber Patrol, Inc. was bought by Microsystems.
Microsystems was bought by The Learning Company.
The Learning Company was bought by Mattel.
There have been many domain name matters which have been resolved. ICANN has them all here, listed by domain name, or here, by proceeding number, or even here, by commencement date.
The comments follow widespread reports that Hondel's boss, SuSE chief executive Roland Dyroff, has said the opposite, claiming that Linux still isn't ready for desktop use. Hondel, keen to clear up the mess, explained to ZDNet in an exclusive Eye2Eye interview -- to be published next week -- that Dyroff's statement had been misconstrued. "It was a conditional statement taken as a general statement," said Hondel.
Hmm, sounds like they're learning to speak the corporatespeak doubletalk, perhaps they are ready to do the compete-with-Windoze-walk
If Bezos seriously believed in his patent for 1-click, would it not make more sense for him to go after all who (allegedly) violate it? What is the point of a patent if one does not enforce it against known (alleged) violators?
I'm not saying he should enforce it at all, but the fact that he is so open in his ideas of selective enforcement suggests to me ulterior motives.
The closest I know of is NetNames:
Gee, Jamie, doncha just know that AI attorneys written in C would function *at least* as well as AI censorware written in (pick a language)?
-J, your friendly neighborhood Censorware Project lawyer.
This is actually the only issue I have with the democratic side. When I hear that name -- "Tipper Gore" -- It's synonomous with "Music Censor". Is "Internet Censor" that far of a stretch?
Ah, but that was then, this is now (or, more correctly, about two months ago). Me, I think the idea of the Gores being in bed (figuratively) with the Zappas is even more frightening, but here's the news item:
Perens makes a broader point, one which applies well beyond just the areas of patent and copyright law:
It is wonderful to understand from a technical perspective what is going on, to be able to parse it, to preach to the choir. But unless the concepts are articulated in layperson's terms, understandable to those not as well versed in the tech as regulars here, any impact one might hope to have will be minimal at best. The masses may or may not be clueless, but unless those who have a clue speak to them, in a language which they will understand, don't expect even the hope of change.
Would it be unreasonable to bring a libel lawsuit to bear on David Burt, for his damage to you?
Yes, it would.
As a member of The Censorware Project, I have as much interest as anyone in our work being praised, or criticized, on the merits instead of on false memes. But as a First Amendment lawyer who has been defending libel actions for more than twenty years, I know that it would be extremely difficult to win such an action, and that, win or lose, the mere filing of such an action would play right into the hands of Burt or other critics. Think "First Amendment Advocates Only Support Their Speech," or the like
The law imposes a very high burden on so-called public figures, and the Censorware Project members are public figures, at least for our censorware work. Overcoming that burden is, and should be, difficult.
But apart from what the law requires, a true believer in the right of free speech must recognize the right by supporting the right to speak of those with whom one most vehemently disagrees. Libel suits have a major chilling effect on speech, and not just those who are sued, but those who are aware of the possibility of being sued. Our common interest at The Censorware Project is censorware, but that interest arises from more fundamental beliefs about the right to speak, and about not chilling the speech of others.
Each one of us could give many examples of being slimed by Burt, but I would not for a moment think of suing him over any.
Obviously, what DoubleClick should have done was to sign on with TRUSTe. That, plus a quarter, would have solved everything, and bought a cup of coffee too.
Maybe their Alien Episode involves one of their 'puters crunching an important signal block from Seti@Home?
No, no, no, this is a spinoff, remember?
It would have to be from YETI@Home.