Actually, you're probably right. But if it were to progress in the same way as DeCSS, they wouldn't come after someone for bypassing the copy protection scheme. Rather, they would seek to hammer someone for showing others how to remove the copy protection or distributing tools to remove the copy protection. These actions are expressly forbidden under the DMCA.
According to the DMCA, it is illegal for anyone to distribute information for the purpose of bypassing a copy protection method employed to secure a copyright. Therefore, others are legally restricted from telling you how to make copies, even if you have a right to make those copies under the license or legal right. (As I understand it, this is also why linking to DeCSS was bad under the DMCA; linking to a site containing DeCSS was a method of distribution). If you are going to make those personal backups, you are going to have to know or be capable of deducing the appropriate methods yourself.
You're right, but look at it from Kodak's perspective.
Kodak know some people don't like to tweek; that fact is the premise behind the digital camera they are looking to market. They are making a system that is easy for a consumer to take, manipulate, and get prints of a digital photo.
Problem is, Kodak is a slave to what the operating system lets them do. Microsoft is inserting themselves into the process and making it difficult to change it to the way Kodak has designed their offering. By making it difficult, they have practically guaranteed that folks, who bought the camera for simplicity, will use their software and ways of doing things. They've manipulated the environment to grab a piece of the action.
An analogous situation might be a e-tailer setting up a site on the net. Internic sees that the services he's offering seem pretty popular. So, to get a piece of the action, they reprogram their DNS servers to redirect all their traffic to his or other sites for, say, a $0.10 a lookup. Seem fair?
Mike: Give back the $100 with hearty congrats for finding a way to meet the challenge with true bar room challenge flare (con the con).
Patrick: Accept the $100, publically concede the impossibility of meeting the spirit of the challenge and relinquish honorable claims to the $5K (as you've done in the link). Buy a round for Mike and all the patrons at your favorite pub. Save the story as a "good one" for the rest of your life.
A large portion of individuals who express an opinion about this issue conveniently blame things other than themselves. The government blames the media's purvasive violence, the media blames it on the availability of guns and lack of regulation, and parents blame them both.
Problem is - there's plenty of blame to go around.
If you assume that these things are different than they used to be, you'd better ask why and place blame where it belongs.
Bullies always existed - period. Like it or not, they've been around for ages and no matter how many get shot, they won't disappear. Requiring school civility may help in school - but it just changes the venue. Besides, remember back when it was socially inappropriate to be openly uncivil in school (may predate some people). Bullies and tormenting situations existed there, also.
How about guns and legislation? Sure, that stuff would help some. But do laws preventing drugs keep drugs from school age children?
Actually, the place most of the blame goes is on the parents (a group in which I belong). When we don't teach our kids how to cope, help find their way out of a repressive situation, and help them understand the worth in others, they have to find their own way - many times the wrong ones. We just sit back and watch the finger pointing while the government and the media gladly serve was our well-paid scapegoats that help us avoid our responsibility.
The Works of Flavius Josephus - Antiquities of the Jews, Book 18, Chap. 3
Now there was about this time Jesus, a wise man, if it be lawful to call him a man; for he was a doer of wonderful works, a teacher of such men as receive the truth with pleasure. He drew over to him both many of the Jews and many of the Gentiles. He was [the] Christ. And when Pilate, at the suggestion of the principal men amongst us, had condemned him to the cross, those that loved him at the first did not forsake him; for he appeared to them alive again the third day; as the divine prophets had foretold these and ten thousand other wonderful things concerning him. And the tribe of Christians, so named from him, are not extinct at this day.
The Works of Flavius Josephus - Antiquities of the Jews, Book 20, Chap. 9
... Festus was now dead, and Albinus was but upon the road; so he assembled the sanhedrim of judges, and brought before them the brother of Jesus, who was called Christ, whose name was James, and some others, [or, some of his companions]; and when he had formed an accusation against them as breakers of the law, he delivered them to be stoned...
The question was not whether he regarded it as fiction or not; he made his position clear. Rather, I asked on what basis he chose to do so (other than the arbitrary).
Choosing to disbelieve something does not make it fiction (ie., something invented by the imagination). Having never seen one alive, I may regard the existence of the dodo as fiction, even in the face of evidence to the contrary.
Ahhh, I get it. The Constitution guarantees freedom of speech, BUT it doesn't guarantee a forum. So, you wanna squash free speech, you eliminate the available communication media. Brilliant!
I remember a story about Ptolemy, the librarian of the Great Library of Alexandria, embargoing the shipment of papyrus to other libraries. The library at Pergamon, needing something to write on, champions the use of smoothed animal skin, which later is referred to as parchment. Over time, it completely overshadows papyrus as the medium used for written communication.
Unfortunately, a line item veto doesn't always fix the problem of a bad rider. A Congressman who chooses to support a good bill with a bad rider runs the risk of the President choosing *not* to exercise the line item veto, for whatever reason.
A system for simplifying the addressing of singular nodes from among those connected by a shared media or bus is described. Often, a single node on a bus or media is distinguished by a complicated address, depending on the concentration of peer nodes. This system provides a method by which nemonic, shorthand, or other indirect names can be used as a substitute for actual media addresses. Further, this system describes a means by which this simplified naming method is organized in a hierarchical system by which peers can be distinguished from other peer groups, thereby permitting further address simplifications on a peer media bus.
Small problem with your reasoning - the flares happened on Tuesday/Wednesday, according to the article. The UV radiation would have been here a lot quicker than the particle shock that causes the geomagnetic effects.
iPAQ H3600 with a serial cable (USB is NOT supported at this time)
Installation:
Plug your iPAQ into the serial port of your Windows machine using a serial cable.
Use the ActiveSync application (the file name is Async.exe) to connect to your iPaq 3600..
Copy CEloader.exe to your iPaq from your Windows machine. You ignore the "may need to convert" message you will get.
Copy the bootldr-c002-2. 3 file to your iPAQ: it MUST be in the root directory (the root directory is reffered to as "My PocketPC"), and be MUST be renamed bootldr.
On your iPaq H3600, find CEloader wherever you put it, and then excecute CEloader.
Select the Tools->Bootldr->Run after loading from file menu entry. The iPAQ screen should go blank.
Disconnect the ActiveSync application (it is holding onto the serial port you need).
You may have trouble getting ActiveSync to free your serial port. You might want to use some more friendly operating system to run minicom or eterm or,...
Run your terminal emulator on whatever machine can talk to your serial port with the settings of: 115200 8N1 (115200 baud, 8 bits, No Parity, 1 stop bit)
In your terminal emulator, hit the enter key on your keyboard on your machine: you should see a 'boot>' prompt. You can type 'help' at the bootloader at the 'boot> ' prompt to get a list of commands.
This step is dangerous: make sure you perform it exactly correctly. At the 'boot> ' prompt, type 'load bootldr', then start an xmodem download of the file bootldr-c000-2. 3.
Your iPAQ will say "verifying... done.". The loader program has a simple sanity check in it to try to ensure that only a bootloader can get installed into flash at the iPAQ's bootloader's address.
Reboot or power cycle your iPaq H3600: the boot loader should come up. Don't be scared about the message "Corrupt kernel image", because you don't have a kernel installed yet. Whew! You are through the risky part of the procedure.
Basically, its my belief that if you leave your car door open and something gets stolen from inside, its really your own bloody fault, even if the law says otherwise.
Actually, it's my irresponsibility (or, perhaps, naivete) that made it possible or easy, but I didn't commit a crime. Leaving a door unlocked is not illegal. The illegal act of theft is taking what does not belong to you, locked door not withstanding. The fact that the door was left unlocked does not equate to an invitation to take what's inside.
But if the car comes with car locks that look like they work, but can be opened by lifting the handle for five seconds, then the responsibility rests with... who sold you the car.
I agree with you here. In your example, the seller bears some responsibility for the situation, but as it relates to the implication of providing a defective lock, not to the resulting theft.
I would further argue that even the thief who takes advantage of a situation is behaving irresponsibly. He could have taken responsibility for the situation and pass by (among other honorable actions) without opting to burden (or, unburden, as the case may be:) ) his neighbor.
The interesting part here is the homeowner's association getting into the act. If the neighborhood covenant is created with the intent of making internet connectivity a given, then it makes it practical to do something like get a serious internet (OC3 or better) connection for homeowners and pay for it using neighborhood dues.
I really hate paying as much as I do for HOA dues (given what I *seem* to get). However, I know that, now that I have a reasonably fast 'net connection, I'm not going back. Applying my dues toward bandwidth seems a good deal.
... any of you folks remember the Morris worm? Linux may have side-stepped this one but there are a lot of services Linux exposes with the potential for propagation of a worm.
Re:Depends on Governing Law
on
Fighting UCITA
·
· Score: 1
Yep, I stand corrected -- that's precisely what it says.
The optometrist appointment is scheduled for Monday:)
Seems Quite Constitutional
on
Fighting UCITA
·
· Score: 1
Actually, the Constitution indicates that interstate commerce can be regulated by Congress, but is certainly not required to do so in any given instance.
Furthermore, a judgement levied by a state court of one state against an individual residing in another state may not be enforceable, particularly if the laws of the state of residence provides a shield. That's why extradition agreements apply to state criminal cases.
However, the sticky point has to do with interstate commerce and shrink-wrapped license agreements, which imply contractural agreements between parties. Failure to honor contracts between parties in different states is clearly an interstate commerce issue.
Most software license agreements I know of explicitly state the governing law (and exclusions) associated with the agreement. So, depending on this statement, you may have some protection by purchasing software created in a non-UCITA state.
You need to consider it on a license-by-license basis. For example, the SGI license I'm looking at right now stipulates:
This Agreement shall be governed by and interpreted in accordance with the law of the State of California, excluding its choice of law rules.
The excluding its choice of law rules is their out for allowing them to choose which the law, your state or California, that's the most favorable to SGI. So, in the case of SGI's license, a resident of a UCITA state can expect to have their license restrictions and remedies interpretted relative to the UCITA restrictions (which are presumably more favorable to SGI).
The MSNBC article starts off with in gonzo-type with the words:
A team of Internet security researchers say they've found a serious security hole in the most popular distribution of the Linux operating system. According to Internet Security Systems Inc., there's a backdoor account in Red Hat's Linux that would let a computer intruder access and alter files on some computers running Red Hat's most recent version of Linux. But a spokesperson for Red Hat downplayed the flaw, saying few Red Hat users had been exposed to it.
This is absolutely sensationalist spin.
I agree with the views expressed elsewhere... if you install it, be prepared to administer it. If you don't know how to administer it, then... anyone installing an unknown application on a production machine is begging for trouble.
This interview is an absolute scream! Do you not see the absurdity of the principal librarian of one of the preeminent storehouses for the world's knowledge making such falacious and ill-considered arguments?
Not only that, but he destroys his own case.
Consider his reference to the Reformation. This was spawned by the ability to get thoughtful discourse in the hands of the masses. Yet, he doesn't see the parallels with the Internet.
Consider his lament over the "futurist before lonely terminals" and the library as a place fostering social gathering and public interaction. Apparently, he is unfamiliar with the stereotype of the librarian as introvert with "a nose stuck in a book." Socialization requires communication and, in the case of books, this is decidely one directional.
Don't get me wrong - I love books and the act of reading them. But, I bet even Johannes Gutenberg would have been fired up about the possibilities of the Internet.
Actually, you're probably right. But if it were to progress in the same way as DeCSS, they wouldn't come after someone for bypassing the copy protection scheme. Rather, they would seek to hammer someone for showing others how to remove the copy protection or distributing tools to remove the copy protection. These actions are expressly forbidden under the DMCA.
According to the DMCA, it is illegal for anyone to distribute information for the purpose of bypassing a copy protection method employed to secure a copyright. Therefore, others are legally restricted from telling you how to make copies, even if you have a right to make those copies under the license or legal right. (As I understand it, this is also why linking to DeCSS was bad under the DMCA; linking to a site containing DeCSS was a method of distribution). If you are going to make those personal backups, you are going to have to know or be capable of deducing the appropriate methods yourself.
OK, I know Ford is getting older, but 60ish is not THAT old - it could still be done.
However, if they wanted to spend some time doing something to make a little money, I'd bet it would be cheaper to release the previous three on DVD.
You've got one confirmed purchaser right here.
You're right, but look at it from Kodak's perspective.
Kodak know some people don't like to tweek; that fact is the premise behind the digital camera they are looking to market. They are making a system that is easy for a consumer to take, manipulate, and get prints of a digital photo.
Problem is, Kodak is a slave to what the operating system lets them do. Microsoft is inserting themselves into the process and making it difficult to change it to the way Kodak has designed their offering. By making it difficult, they have practically guaranteed that folks, who bought the camera for simplicity, will use their software and ways of doing things. They've manipulated the environment to grab a piece of the action.
An analogous situation might be a e-tailer setting up a site on the net. Internic sees that the services he's offering seem pretty popular. So, to get a piece of the action, they reprogram their DNS servers to redirect all their traffic to his or other sites for, say, a $0.10 a lookup. Seem fair?
Actually, it's a rounded w for a shower. An s is miracle food.
Somebody, help pry this game out of my fingers! It's stuck and I can't do anything else...
Exactly! Plus, think how cool it will be to follow up a flame with |\|\|\ *ding* FIREBALL!
Mike: Give back the $100 with hearty congrats for finding a way to meet the challenge with true bar room challenge flare (con the con).
Patrick: Accept the $100, publically concede the impossibility of meeting the spirit of the challenge and relinquish honorable claims to the $5K (as you've done in the link). Buy a round for Mike and all the patrons at your favorite pub. Save the story as a "good one" for the rest of your life.
A large portion of individuals who express an opinion about this issue conveniently blame things other than themselves. The government blames the media's purvasive violence, the media blames it on the availability of guns and lack of regulation, and parents blame them both.
Problem is - there's plenty of blame to go around. If you assume that these things are different than they used to be, you'd better ask why and place blame where it belongs.
Bullies always existed - period. Like it or not, they've been around for ages and no matter how many get shot, they won't disappear. Requiring school civility may help in school - but it just changes the venue. Besides, remember back when it was socially inappropriate to be openly uncivil in school (may predate some people). Bullies and tormenting situations existed there, also.
How about guns and legislation? Sure, that stuff would help some. But do laws preventing drugs keep drugs from school age children?
Actually, the place most of the blame goes is on the parents (a group in which I belong). When we don't teach our kids how to cope, help find their way out of a repressive situation, and help them understand the worth in others, they have to find their own way - many times the wrong ones. We just sit back and watch the finger pointing while the government and the media gladly serve was our well-paid scapegoats that help us avoid our responsibility.
A couple of admittedly controversial quotes:
... Festus was now dead, and Albinus was but upon the road; so he assembled the sanhedrim of judges, and brought before them the brother of Jesus, who was called Christ, whose name was James, and some others, [or, some of his companions]; and when he had formed an accusation against them as breakers of the law, he delivered them to be stoned ...
The Works of Flavius Josephus - Antiquities of the Jews, Book 18, Chap. 3
Now there was about this time Jesus, a wise man, if it be lawful to call him a man; for he was a doer of wonderful works, a teacher of such men as receive the truth with pleasure. He drew over to him both many of the Jews and many of the Gentiles. He was [the] Christ. And when Pilate, at the suggestion of the principal men amongst us, had condemned him to the cross, those that loved him at the first did not forsake him; for he appeared to them alive again the third day; as the divine prophets had foretold these and ten thousand other wonderful things concerning him. And the tribe of Christians, so named from him, are not extinct at this day.
The Works of Flavius Josephus - Antiquities of the Jews, Book 20, Chap. 9
The question was not whether he regarded it as fiction or not; he made his position clear. Rather, I asked on what basis he chose to do so (other than the arbitrary).
Choosing to disbelieve something does not make it fiction (ie., something invented by the imagination). Having never seen one alive, I may regard the existence of the dodo as fiction, even in the face of evidence to the contrary.
Which part of this do you label as "fiction?" The part about there being a Jesus, the part about him saying what he purportedly said, or both?
On what basis can you label any of it fiction other than you don't believe it?
Ahhh, I get it. The Constitution guarantees freedom of speech, BUT it doesn't guarantee a forum. So, you wanna squash free speech, you eliminate the available communication media. Brilliant!
...
I remember a story about Ptolemy, the librarian of the Great Library of Alexandria, embargoing the shipment of papyrus to other libraries. The library at Pergamon, needing something to write on, champions the use of smoothed animal skin, which later is referred to as parchment. Over time, it completely overshadows papyrus as the medium used for written communication.
Those who fail to learn from history
Unfortunately, a line item veto doesn't always fix the problem of a bad rider. A Congressman who chooses to support a good bill with a bad rider runs the risk of the President choosing *not* to exercise the line item veto, for whatever reason.
What Is Claimed:
A system for simplifying the addressing of singular nodes from among those connected by a shared media or bus is described. Often, a single node on a bus or media is distinguished by a complicated address, depending on the concentration of peer nodes. This system provides a method by which nemonic, shorthand, or other indirect names can be used as a substitute for actual media addresses. Further, this system describes a means by which this simplified naming method is organized in a hierarchical system by which peers can be distinguished from other peer groups, thereby permitting further address simplifications on a peer media bus.
Small problem with your reasoning - the flares happened on Tuesday/Wednesday, according to the article. The UV radiation would have been here a lot quicker than the particle shock that causes the geomagnetic effects.
WARNINGS:
- If this installation fails then your iPAQ could become unusable.
- If you install an Linux at this time then you can not return to WinCE.
Requirements:This procedure has been tested on less than a handful of units.
Work is underway to enable you to save your WinCE image before installing an operating system, but at this time implementation is not complete.
Installation:
Congratulations! You should be up and running.
Note: if you need to get back into the boot loader after you have Linux running, reset the iPAQ and quickly hit the space bar a few times.
Please post any questions to handhelds@handhelds.org. Thank you.Basically, its my belief that if you leave your car door open and something gets stolen from inside, its really your own bloody fault, even if the law says otherwise.
... who sold you the car.
:) ) his neighbor.
Actually, it's my irresponsibility (or, perhaps, naivete) that made it possible or easy, but I didn't commit a crime. Leaving a door unlocked is not illegal. The illegal act of theft is taking what does not belong to you, locked door not withstanding. The fact that the door was left unlocked does not equate to an invitation to take what's inside.
But if the car comes with car locks that look like they work, but can be opened by lifting the handle for five seconds, then the responsibility rests with
I agree with you here. In your example, the seller bears some responsibility for the situation, but as it relates to the implication of providing a defective lock, not to the resulting theft.
I would further argue that even the thief who takes advantage of a situation is behaving irresponsibly. He could have taken responsibility for the situation and pass by (among other honorable actions) without opting to burden (or, unburden, as the case may be
Both of them.
The interesting part here is the homeowner's association getting into the act. If the neighborhood covenant is created with the intent of making internet connectivity a given, then it makes it practical to do something like get a serious internet (OC3 or better) connection for homeowners and pay for it using neighborhood dues.
I really hate paying as much as I do for HOA dues (given what I *seem* to get). However, I know that, now that I have a reasonably fast 'net connection, I'm not going back. Applying my dues toward bandwidth seems a good deal.
... any of you folks remember the Morris worm? Linux may have side-stepped this one but there are a lot of services Linux exposes with the potential for propagation of a worm.
Yep, I stand corrected -- that's precisely what it says.
:)
The optometrist appointment is scheduled for Monday
Actually, the Constitution indicates that interstate commerce can be regulated by Congress, but is certainly not required to do so in any given instance.
Furthermore, a judgement levied by a state court of one state against an individual residing in another state may not be enforceable, particularly if the laws of the state of residence provides a shield. That's why extradition agreements apply to state criminal cases.
However, the sticky point has to do with interstate commerce and shrink-wrapped license agreements, which imply contractural agreements between parties. Failure to honor contracts between parties in different states is clearly an interstate commerce issue.
Most software license agreements I know of explicitly state the governing law (and exclusions) associated with the agreement. So, depending on this statement, you may have some protection by purchasing software created in a non-UCITA state.
You need to consider it on a license-by-license basis. For example, the SGI license I'm looking at right now stipulates:
This Agreement shall be governed by and interpreted in accordance with the law of the State of California, excluding its choice of law rules.
The excluding its choice of law rules is their out for allowing them to choose which the law, your state or California, that's the most favorable to SGI. So, in the case of SGI's license, a resident of a UCITA state can expect to have their license restrictions and remedies interpretted relative to the UCITA restrictions (which are presumably more favorable to SGI).
The expected release date is currently mid-August
The VERY beta development kit is due out April 30
Very much agree.
... if you install it, be prepared to administer it. If you don't know how to administer it, then ... anyone installing an unknown application on a production machine is begging for trouble.
The MSNBC article starts off with in gonzo-type with the words:
A team of Internet security researchers say they've found a serious security hole in the most popular distribution of the Linux operating system. According to Internet Security Systems Inc., there's a backdoor account in Red Hat's Linux that would let a computer intruder access and alter files on some computers running Red Hat's most recent version of Linux. But a spokesperson for Red Hat downplayed the flaw, saying few Red Hat users had been exposed to it.
This is absolutely sensationalist spin.
I agree with the views expressed elsewhere
This interview is an absolute scream! Do you not see the absurdity of the principal librarian of one of the preeminent storehouses for the world's knowledge making such falacious and ill-considered arguments?
Not only that, but he destroys his own case.
Consider his reference to the Reformation. This was spawned by the ability to get thoughtful discourse in the hands of the masses. Yet, he doesn't see the parallels with the Internet.
Consider his lament over the "futurist before lonely terminals" and the library as a place fostering social gathering and public interaction. Apparently, he is unfamiliar with the stereotype of the librarian as introvert with "a nose stuck in a book." Socialization requires communication and, in the case of books, this is decidely one directional.
Don't get me wrong - I love books and the act of reading them. But, I bet even Johannes Gutenberg would have been fired up about the possibilities of the Internet.