Then its about time some courts start finding these 'severability' clauses as unconscionable. I'm quite sure that if the shoe were on the other foot the company would be able to sever the contract against the individual without any problem.
True but sometimes judges will take precedence from other districts and apply them to their own. The more the precedence spreads the more traction it gains in the remaining states.
Easy just take a marker and scratch out the portions you dont like. If they give you the service after that then they've agreed to your modified contract the same as if you just sign it and they give you the service. Not reading over contracts can work both ways you know.
Yeah but how many buy the same X-rays machines as 14+ years ago? New hardware typically includes improvements in the software. They might still be in use but newer models supercede the old ones.
Maybe someone should phone up the real mafia to leave a few horse heads in their beds... Or firebomb their offices... That might send them a message. Today MediaDefender, tomorrow the RIAA's offices.
Well tell me where I can get off the shelf components to build myself a microwave because mine is ready for the garbage...
The thing is the 'software' for these things are typically very simple and non-novel and probably the only way to come up with something. Therefore they shouldnt be patented however they can be copyrighted which is just as bad if not worse.
If a company cant make new hardware/software combinations and instead relies on old software to run their new stuff what is that saying about their software? That its so damn easy to begin with its not worth protection.
No I wouldnt be surprised at how much code is 14+ years old. If it is not *ACTIVELY* being developed then odds are high that the code is in a new version by now. When you update to a new version only the old version goes public domain at 14. Newer works are derivative works of the original and are protected until their copyright expires in 14 years.
As for the 'code' in your car. Tell me how that code is useful without purchasing a car? (Hardware/Software combination). What good is the code for a VCR/CD Player/Microwaves/whatever useful WITHOUT a device to use it on? Really do you think if someone gets the code to an airplane that they are able to build an airplane because they have the code in hand? Probably not, hence its not going to be worthwhile to the general public to have it in the public domain BUT if all the current airplane building companies go under at the same time it will be there for the next company to take up the torch to use to base their stuff on.
Trust me, I dont always think of software in teh desktop sense. Its just that a large portion of the non-desktop code is useless without the hardware to go with it and for the most part you cant 'build your own hardware'.
Tell me what software are you running that you were also running 14 years ago? Do not include programs that you have had 'updated' over the years (IE. If you had Windows 1.0 in 1985 and continually upgraded until Windows Vista dont count windows. If you had Photoshop 1.0 and you 'upgraded' over the years to Photoshop 24.2 then dont count that either. Most software is typically outdated within 5 years.
Most of the money a movie or music makes is probably within the first 7-14 years of it being created/published. After that all you get are residual sales and/or sales for 'format shifting' (IE. From VCR to DVD to Blu-Ray)...
It is not immoral nor is it illegal. Unless owning the 'magical device' is illegal, owning the 'T-Shirt' is illegal. Technically the law as it applies to music and what not would allow you to make a back up copy in the event that you're original is destroyed. If someone had a copy of the CD then went and downloaded it because say your 2 year old nephew STEPPED ON IT AND BROKE IT... and downloaded it off the internet thats technically not a crime. Although if there was not a sufficient 'pirate scene' out there then people would not be able to as easily get copies in such an event.
How can you say something is 'stolen' if it is given away for free? All you need to do is turn on the radio and they're live streaming the music over the PUBLIC AIRWAVES. They're our airwaves, we can do with them as we please, if that means recording them and putting them on the internet then so be it. It's a performance, the MAFIAA already got their pound of flesh from the radio station so nothing wrong, illegal or immoral there.
I've never had a problem with PATENTS... They have stayed relatively sane over the years (20 year limit shelf life). I dont have much of a problem with TRADEMARKS either (as long as they arent insane like you cant use a certain color combination when selling XYZ because ABC has a vaguely similar color scheme).
The problems come entirely almost 100% from COPYRIGHT. The fact that it has been extended to ridiculous levels from its original implementation of 7 years to an exceptionally inflated LIFE+70 YEARS! If everything more than 7 (or even 14) years old went into the public domain... Thats a very VERY big public domain to work with once again.
FOSS was created as a direct reaction to the 'Software should cost big $$$'... No the software shouldnt cost anything, its the service and support that should cost money. Then again that would encourage commercial businesses to put out buggy programs and buggy code and provide 'service' sorta like an untrustworthy car mechanic... You bring your software in and they fix one thing and intentionally break another.
Hehe well I think every 20 years is probably a bit TOO often... though about every 100 years would be about right. Since the last civil war was fought what 1876 I'd say that America is about 100 years overdue for one.
Yes you can. If I give you a t-shirt for free, does that give you the right to steal it from anywhere you happen to find it?
Bad Analogy but I'll bite. No in the physical world as we know it it does not.
Now if you had a magical device (computer) that copied T-Shirts (music) for free and you give a T-Shirt (music) to me and to Bob. If my T-Shirt (music) gets ripped skydiving over Mount Everest (computer crashes) and landing in a tree and Bob who also has a magical device (computer) that copied T-Shirts (music) for free offers me a copy of his T-Shirt (music) and I accept am I really 'stealing'? Does it matter if me and Bob live next door or half a continent apart? (in the latter case assume that there is some way to instantly transfer the T-Shirt (music) to me like a teleportation service (internet)).
IANAL but some fraud case seems like a good start. They are intentionally misrepresenting the legal system and its workings. After all the Copyright Infringement case would fall under CIVIL COURT and we all know how good public defenders are (Hey Plead Guilty already! I got you a good deal you're only going to federal pound me in the ass jail for 3 months instead of 3 years!).
Cases that goto trial arent profitable for Public Defenders to take on. Hence the prevalence of plea bargains in the system. Regardless dont ever talk to the police. I'm sure you've seen the video. Just like vampires dont invite police into your home. No searches should be granted without a warrant. This will give you time to run a magnet over your computer hard drive and/or encrypt it so theres no evidence. Remember there are a few rulings that indicate that you cannot be compelled to give a password or crypto key as 5th amendment rights.
Also IP addresses have not been proven conclusive to identities. How do they know the girl did it? Unfortunately in a civil case they only have to have more than 50% doubt that they're guilty. How do they know the grandmother didnt do it? Or her friends who were visiting... That one kid was getting his songs on his laptop at her house after all.
Dont do it! At least not to the president. He's likely to take it as advice for how to deal with people the RIAA dont like (you know big media is a big contributor to his last 2 elections!)
Yep they're sworn to protect the country and the constitution from enemies both foreign and domestic... So if your government becomes an enemy to the constitution the only logical result is to protect the country from the government that has become a threat to the country itself. End result is unfortunately either a bloody coup and/or civil war. But at least at the end the memories of such violent action it took to protect the country will serve as a prevention mechanism until such a time as a few generations pass and the memories fade into history and it has to be repeated again.
No its copyright infringement that is 'illegal'. You cannot steal something that is given away for free (IE. I've heard this song a million times on the radio, its been used to pimp phones and cars and what have you). Any of these sources could be a legal avenue for recording but if you download from the internet suddenly you're the worst criminal scum in teh world and should be put in the electric chair atleast according to the RIAA.
Its quite possible the person who broke into the PBX also sold the information on how to make 'free' calls to wherever which would result in multiple people accessing it simultaneously thus making it possible to rack up $12,000+ in very short periods of time.
Like I said in a previous comment on this article... 'Voluntary' means if you have an internet connection you'll have to pay for it. Since the Internet has become almost a necessity (not on the level of the basics such as food, clothing and shelter mind you) but the internet is often a conduit for receiving government services these days. Like my sister cant get her $$$ for unemployment without using the internet to submit her information. Its hard to research various topics without using the internet these days. Some people even rely on voice communications over the internet (VOIP) and use it as their home phone (sometimes even relied on for emergency 911 services through their internet/voip companies)
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Sounds about right, isnt that the amount of muslims in the US currently?
Then its about time some courts start finding these 'severability' clauses as unconscionable. I'm quite sure that if the shoe were on the other foot the company would be able to sever the contract against the individual without any problem.
True but sometimes judges will take precedence from other districts and apply them to their own. The more the precedence spreads the more traction it gains in the remaining states.
Easy just take a marker and scratch out the portions you dont like. If they give you the service after that then they've agreed to your modified contract the same as if you just sign it and they give you the service. Not reading over contracts can work both ways you know.
Yeah but how many buy the same X-rays machines as 14+ years ago? New hardware typically includes improvements in the software. They might still be in use but newer models supercede the old ones.
Or they'll spin off a $1 corp that holds a single copyright and thus break the scaling model...
Maybe someone should phone up the real mafia to leave a few horse heads in their beds... Or firebomb their offices... That might send them a message. Today MediaDefender, tomorrow the RIAA's offices.
They'll get a stiff sentence if they goto federal pound me in the ass jail alright. :D
All those criminals who got put there because they had to steal cars and stuff to support their music habit will want a peice of their ass.
Well tell me where I can get off the shelf components to build myself a microwave because mine is ready for the garbage...
The thing is the 'software' for these things are typically very simple and non-novel and probably the only way to come up with something. Therefore they shouldnt be patented however they can be copyrighted which is just as bad if not worse.
If a company cant make new hardware/software combinations and instead relies on old software to run their new stuff what is that saying about their software? That its so damn easy to begin with its not worth protection.
No I wouldnt be surprised at how much code is 14+ years old. If it is not *ACTIVELY* being developed then odds are high that the code is in a new version by now. When you update to a new version only the old version goes public domain at 14. Newer works are derivative works of the original and are protected until their copyright expires in 14 years.
As for the 'code' in your car. Tell me how that code is useful without purchasing a car? (Hardware/Software combination). What good is the code for a VCR/CD Player/Microwaves/whatever useful WITHOUT a device to use it on? Really do you think if someone gets the code to an airplane that they are able to build an airplane because they have the code in hand? Probably not, hence its not going to be worthwhile to the general public to have it in the public domain BUT if all the current airplane building companies go under at the same time it will be there for the next company to take up the torch to use to base their stuff on.
Trust me, I dont always think of software in teh desktop sense. Its just that a large portion of the non-desktop code is useless without the hardware to go with it and for the most part you cant 'build your own hardware'.
Well at least we agree on one thing...
Tell me what software are you running that you were also running 14 years ago? Do not include programs that you have had 'updated' over the years (IE. If you had Windows 1.0 in 1985 and continually upgraded until Windows Vista dont count windows. If you had Photoshop 1.0 and you 'upgraded' over the years to Photoshop 24.2 then dont count that either. Most software is typically outdated within 5 years.
Most of the money a movie or music makes is probably within the first 7-14 years of it being created/published. After that all you get are residual sales and/or sales for 'format shifting' (IE. From VCR to DVD to Blu-Ray)...
It is not immoral nor is it illegal. Unless owning the 'magical device' is illegal, owning the 'T-Shirt' is illegal. Technically the law as it applies to music and what not would allow you to make a back up copy in the event that you're original is destroyed. If someone had a copy of the CD then went and downloaded it because say your 2 year old nephew STEPPED ON IT AND BROKE IT... and downloaded it off the internet thats technically not a crime. Although if there was not a sufficient 'pirate scene' out there then people would not be able to as easily get copies in such an event.
How can you say something is 'stolen' if it is given away for free? All you need to do is turn on the radio and they're live streaming the music over the PUBLIC AIRWAVES. They're our airwaves, we can do with them as we please, if that means recording them and putting them on the internet then so be it. It's a performance, the MAFIAA already got their pound of flesh from the radio station so nothing wrong, illegal or immoral there.
I've never had a problem with PATENTS... They have stayed relatively sane over the years (20 year limit shelf life). I dont have much of a problem with TRADEMARKS either (as long as they arent insane like you cant use a certain color combination when selling XYZ because ABC has a vaguely similar color scheme).
The problems come entirely almost 100% from COPYRIGHT. The fact that it has been extended to ridiculous levels from its original implementation of 7 years to an exceptionally inflated LIFE+70 YEARS! If everything more than 7 (or even 14) years old went into the public domain... Thats a very VERY big public domain to work with once again.
FOSS was created as a direct reaction to the 'Software should cost big $$$'... No the software shouldnt cost anything, its the service and support that should cost money. Then again that would encourage commercial businesses to put out buggy programs and buggy code and provide 'service' sorta like an untrustworthy car mechanic... You bring your software in and they fix one thing and intentionally break another.
Yeah all you need is some sort of lift system and you can put them underground and lift them up to the surface only when you need to service them.
Hehe well I think every 20 years is probably a bit TOO often... though about every 100 years would be about right. Since the last civil war was fought what 1876 I'd say that America is about 100 years overdue for one.
Yes you can. If I give you a t-shirt for free, does that give you the right to steal it from anywhere you happen to find it?
Bad Analogy but I'll bite. No in the physical world as we know it it does not.
Now if you had a magical device (computer) that copied T-Shirts (music) for free and you give a T-Shirt (music) to me and to Bob. If my T-Shirt (music) gets ripped skydiving over Mount Everest (computer crashes) and landing in a tree and Bob who also has a magical device (computer) that copied T-Shirts (music) for free offers me a copy of his T-Shirt (music) and I accept am I really 'stealing'? Does it matter if me and Bob live next door or half a continent apart? (in the latter case assume that there is some way to instantly transfer the T-Shirt (music) to me like a teleportation service (internet)).
And the MAFIAA's motives are as pure as the driven snow?
IANAL but some fraud case seems like a good start. They are intentionally misrepresenting the legal system and its workings. After all the Copyright Infringement case would fall under CIVIL COURT and we all know how good public defenders are (Hey Plead Guilty already! I got you a good deal you're only going to federal pound me in the ass jail for 3 months instead of 3 years!).
Cases that goto trial arent profitable for Public Defenders to take on. Hence the prevalence of plea bargains in the system. Regardless dont ever talk to the police. I'm sure you've seen the video. Just like vampires dont invite police into your home. No searches should be granted without a warrant. This will give you time to run a magnet over your computer hard drive and/or encrypt it so theres no evidence. Remember there are a few rulings that indicate that you cannot be compelled to give a password or crypto key as 5th amendment rights.
Also IP addresses have not been proven conclusive to identities. How do they know the girl did it? Unfortunately in a civil case they only have to have more than 50% doubt that they're guilty. How do they know the grandmother didnt do it? Or her friends who were visiting... That one kid was getting his songs on his laptop at her house after all.
Dont do it! At least not to the president. He's likely to take it as advice for how to deal with people the RIAA dont like (you know big media is a big contributor to his last 2 elections!)
Yep they're sworn to protect the country and the constitution from enemies both foreign and domestic... So if your government becomes an enemy to the constitution the only logical result is to protect the country from the government that has become a threat to the country itself. End result is unfortunately either a bloody coup and/or civil war. But at least at the end the memories of such violent action it took to protect the country will serve as a prevention mechanism until such a time as a few generations pass and the memories fade into history and it has to be repeated again.
But as always this is my 02c,YMMV
Maybe this would be the way for the RIAA to solve their piracy problem?
No its copyright infringement that is 'illegal'. You cannot steal something that is given away for free (IE. I've heard this song a million times on the radio, its been used to pimp phones and cars and what have you). Any of these sources could be a legal avenue for recording but if you download from the internet suddenly you're the worst criminal scum in teh world and should be put in the electric chair atleast according to the RIAA.
Somehow I also suspect that 0.1 per cent is total number of the population connected to the internet.
Its quite possible the person who broke into the PBX also sold the information on how to make 'free' calls to wherever which would result in multiple people accessing it simultaneously thus making it possible to rack up $12,000+ in very short periods of time.
Like I said in a previous comment on this article... 'Voluntary' means if you have an internet connection you'll have to pay for it. Since the Internet has become almost a necessity (not on the level of the basics such as food, clothing and shelter mind you) but the internet is often a conduit for receiving government services these days. Like my sister cant get her $$$ for unemployment without using the internet to submit her information. Its hard to research various topics without using the internet these days. Some people even rely on voice communications over the internet (VOIP) and use it as their home phone (sometimes even relied on for emergency 911 services through their internet/voip companies)