Its certainly de minimus. This whole thing is a mountain out of a molehole, a trifle, and, to quote the English judge whose ruling was the basis for the theory of de minimus - "the law does not concern itself with trifles."
The offense is a trifle. The injury, if any, is also a trifle. Prince is a total jerk. Prince really must like the whole Streisand effect.
As some other people have pointed out elsewhere in this thread, Prince didn't release it for free - the newspaper bought the copies and gave them to their subscribers as a promotional stunt.
He doesn't need help to look bad - just look at what Kevin Smith has to say about Prince (and he can say it because he forgot to sign the NDA).
> 'We have data that happy drivers' accident rates are drastically lower than depressed ones, so this robot stays there to make sure the driver is happy always'
And where, pray tell, did they get this data? Chips implanted into people's brains? Asking people after an accident "Are you happy?"
The happiest driver is a suicide bomber about to get his 72 virgins. Once the DHS gets this, they'll nuke anyone from orbit who is too happy because they just got a raise, a new baby, a blow job while sitting in traffic, etc.
"I'd point out that the fact that she wasn't charging money for the video has NO effect"
The link you point to says otherwise:
1. the purpose and character of the use, including whether such use is of commercial nature
...
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole - in this case, a 29-second clip
4. the effect of the use upon the potential market for or value of the copyrighted work. - in this case, none.
...
"incidental and fortuitous reproduction"
This whole thing is de minimus,or at least it shold have been, if Prince didn't spend his days surfing the net looking for such minor "infringements". And yes, the article makes it clear that it was Prince who found the clip, and who was the one pushing for the DMCA notice.
> "I doubt it was Prince himself doing the searching."
I quoted the article, where it was confirmed that Prince himself was the one who was "scouring the internet" and found this particular video. Do you think that anyone else would be such a freak over it, even if it was their job?
I hear you about the scientologists (hey - its nice to be able to rag on scientology on slashdot again, since the "great comment deletion scandal":-)
> "Talk to a lawyer before going head-over-heels suing someone like the *AA for taking your video off a site that doesn't even belong to you, ma-am"
If you had bothered to read the article, or even the SUMMARY, you would have known that she did talk to a lawyer.
> "Unlike the *AA, you do not have the money, expertise, or political connections to be able to pull something like that."
The EFF is doing the suing for her, because of the principles at stake. Not everything is about money.
If people held the **AAFIA's feet to the fire more often, maybe we would have fewer frivolous takedown notices, and a bit more respect all around.
A well-placed source directly involved in the situation confirmed to ABC News that Prince was directly involved in seeking the takedown of Lenz's video.
"This guy scours the Internet,'' the source said of the legendary artist, who once changed his name to an unpronounceable symbol and wrote the word "Slave'" on his cheek until he won back the rights to his music from another publishing company.
"He's really intense about this stuff," the source said, adding that Lenz's video "happened to be one of many'' that artist apparently located online and demanded be taken down.
Doesn't the guy have better things to do with his time than to send takedown notices for 29-second video clips?
Hey, maybe he'll have to change his name again to avoid being known as the Bozo formerly known as Prince...
19 pages - more pages to serve adverts. A few paragraphs on each page, and on "print" so you can't just read the whole thing in one page.
Come off it - take away the pictures, and the whole articles is a couple of paragraphs. In-depth? For people who never read anything harder than a comic book, maybe.
>"What did Lyons do? He occasionally chatted up the SCO folks and asked them what was going to happen."
I guess that explains all the restaurant tabs SCO ran up before it went bankrupt. Feeding the "pundits" who helped prime their pump-and-dump scam.
Speaking of which - is is possible that the only reason Forbes is backing Lyons is a case of "if we don't hang to gether, we'll all hang separately?" After all, now that we have proof that Lyons didn't do proper research, he's a half-decent target to sue by any investors who bought SCO stock, and so is Forbes.
>"He's just a troll calling himself a "journalist"."
You shouldn't insult trolls by saying they're as low as Lyons.
Some differences:
Trolls will actually do research to back up their points. Lyin' Lyons never did.
Trolls might be passionate about their positions and make you THINK!. Lyin' Lyons only wanted to self-promote.
Some people say trolls might not be fit to sleep with pigs. Lyons, on the other hand, looked to be pretty much in bed with the MogTroll
.
Lyons isn't a troll - and he's not a journalist. Doesn't do research. Doesn't have the necessary skepticism or "show me - I'm from Missourri" cynicism necessary to be a reporter. He's a publicity hack.
The big problem for the Turbolinux/MS deal is the same as all the other deals - the "interoperability" is pretty much one-way. Why not let Microsoft learn how to interoperate with other systems, instead of vice versa? Its not like Microsoft is any good at standards compliance - even with their own bogus proposed standards.
You were defrauded. You should have just waited until the 30-day redemption period was over and you could have just registered it with any other registrar. How do you think I got trolltalk.com?
Sorry, but your reasoning is a bit "off the wall" - that Turbolinux is the alternative because its always been the alternative, and Red Hat isn't, because its "Not Made In Japan"??? Gee, maybe I should get rid of my Mazda because it's not made in North America (except that it is...) we're supposed to be a global economy, right?
Make the case for a particular linux distro based on economics and practicality, not on "well, this distro is the only alternative because its made in Japan". Windows isn't made in Japan.
All the big-name distros "play nicely". openSUSE lets you run Windows where it belongs - in a window. The rest either do as well, or will soon, because its all open source.
> "Wouldn't you want a distribution developed in your native country by people who understand Japanese culture?"
No, I want a distribution developed by people all over the world, which is what linux is, what the gnu toolchain is, and what the various add-on programs are. As you yourself point out, turbolinux is on the decline - this will just hasten its' rush to obscurity.
dd does everything you'll ever need, from making backup images of partitions or whole drives, to restoring only portions of adrive (say, your boot sector or partition table), and you can always output the file to another machine on your local lan (or anywhere in the world with a net connection) rather than to a cd/dvd.
"It seems that they always throw around that "we'll protect our Intellectual Property..." line a lot, but no one seems to have a clue what their talking about. "
They are "protecting their intellectual property". Their intellectual property consists of Fear, Uncertainty, and Doubt. Ask anyone who's using Windows and is afraid of the forced downgrade to Vista on their next purchase...
Oh, you meant like in software? Nothing to see there...
Slashdot Mirror
Its certainly de minimus. This whole thing is a mountain out of a molehole, a trifle, and, to quote the English judge whose ruling was the basis for the theory of de minimus - "the law does not concern itself with trifles."
The offense is a trifle. The injury, if any, is also a trifle. Prince is a total jerk. Prince really must like the whole Streisand effect.
As some other people have pointed out elsewhere in this thread, Prince didn't release it for free - the newspaper bought the copies and gave them to their subscribers as a promotional stunt.
He doesn't need help to look bad - just look at what Kevin Smith has to say about Prince (and he can say it because he forgot to sign the NDA).
Another poster dug up this gem
Now a film about Kevin Smith going to make this "documentary" would have been great!
> "I think that I missed something here, what are you talking about? What CSS code? What Lenz?"
DeCSS - just search for "dvd john".
> 'We have data that happy drivers' accident rates are drastically lower than depressed ones, so this robot stays there to make sure the driver is happy always'
And where, pray tell, did they get this data? Chips implanted into people's brains? Asking people after an accident "Are you happy?"
The happiest driver is a suicide bomber about to get his 72 virgins. Once the DHS gets this, they'll nuke anyone from orbit who is too happy because they just got a raise, a new baby, a blow job while sitting in traffic, etc.
"I'd point out that the fact that she wasn't charging money for the video has NO effect"
The link you point to says otherwise:
This whole thing is de minimus,or at least it shold have been, if Prince didn't spend his days surfing the net looking for such minor "infringements". And yes, the article makes it clear that it was Prince who found the clip, and who was the one pushing for the DMCA notice.
how about streisandeffect
After all, a LOT more people have seen it now.
>"just to avoid setting a precedent that they'd have to live with for the next 50 years."
Maybe she should try to copyright the precedent so it will last her lifetime + 50 (or whatever it is nowadays)
(for the humor-impaired ... its a JOKE!!!)
> "I doubt it was Prince himself doing the searching."
I quoted the article, where it was confirmed that Prince himself was the one who was "scouring the internet" and found this particular video. Do you think that anyone else would be such a freak over it, even if it was their job?
I hear you about the scientologists (hey - its nice to be able to rag on scientology on slashdot again, since the "great comment deletion scandal" :-)
> "Talk to a lawyer before going head-over-heels suing someone like the *AA for taking your video off a site that doesn't even belong to you, ma-am"
If you had bothered to read the article, or even the SUMMARY, you would have known that she did talk to a lawyer. > "Unlike the *AA, you do not have the money, expertise, or political connections to be able to pull something like that."
The EFF is doing the suing for her, because of the principles at stake. Not everything is about money.
If people held the **AAFIA's feet to the fire more often, maybe we would have fewer frivolous takedown notices, and a bit more respect all around.
FTFA:
Doesn't the guy have better things to do with his time than to send takedown notices for 29-second video clips?Hey, maybe he'll have to change his name again to avoid being known as the Bozo formerly known as Prince ...
> "and at 19 pages is certainly 'in-depth'."
19 pages - more pages to serve adverts. A few paragraphs on each page, and on "print" so you can't just read the whole thing in one page.
Come off it - take away the pictures, and the whole articles is a couple of paragraphs. In-depth? For people who never read anything harder than a comic book, maybe.
>"What did Lyons do? He occasionally chatted up the SCO folks and asked them what was going to happen."
I guess that explains all the restaurant tabs SCO ran up before it went bankrupt. Feeding the "pundits" who helped prime their pump-and-dump scam.
Speaking of which - is is possible that the only reason Forbes is backing Lyons is a case of "if we don't hang to gether, we'll all hang separately?" After all, now that we have proof that Lyons didn't do proper research, he's a half-decent target to sue by any investors who bought SCO stock, and so is Forbes.
>"He's just a troll calling himself a "journalist"."
You shouldn't insult trolls by saying they're as low as Lyons.
Some differences:
-
Trolls will actually do research to back up their points. Lyin' Lyons never did.
-
Trolls might be passionate about their positions and make you THINK!. Lyin' Lyons only wanted to self-promote.
-
Some people say trolls might not be fit to sleep with pigs. Lyons, on the other hand, looked to be pretty much in bed with the MogTroll
.Lyons isn't a troll - and he's not a journalist. Doesn't do research. Doesn't have the necessary skepticism or "show me - I'm from Missourri" cynicism necessary to be a reporter. He's a publicity hack.
Hey,its all good :-) Its dialogue, right?
The big problem for the Turbolinux/MS deal is the same as all the other deals - the "interoperability" is pretty much one-way. Why not let Microsoft learn how to interoperate with other systems, instead of vice versa? Its not like Microsoft is any good at standards compliance - even with their own bogus proposed standards.
You were defrauded. You should have just waited until the 30-day redemption period was over and you could have just registered it with any other registrar. How do you think I got trolltalk.com?
http://www.cyberindian.com/domain-registration/article.php?article_id=185
- 30 day "redemption" period
- 5 day "pending deletion" period
There's no such thing as "a waiting list". Ask for your money back.Why would you see if a domain is available unless you want to register it?
If you DON'T want to register it, why do you care if someone else "snatches" it?
That being said, the 5-day free period should be eliminated, immediately.
"I'll setup a domain checker on our website so that they have someplace more trustworthy to check."
Memo: Netcraft confirms it: Turbolinux is dead.
Sorry, but your reasoning is a bit "off the wall" - that Turbolinux is the alternative because its always been the alternative, and Red Hat isn't, because its "Not Made In Japan"??? Gee, maybe I should get rid of my Mazda because it's not made in North America (except that it is ...) we're supposed to be a global economy, right?
Make the case for a particular linux distro based on economics and practicality, not on "well, this distro is the only alternative because its made in Japan". Windows isn't made in Japan.
All the big-name distros "play nicely". openSUSE lets you run Windows where it belongs - in a window. The rest either do as well, or will soon, because its all open source.
> "Wouldn't you want a distribution developed in your native country by people who understand Japanese culture?"
No, I want a distribution developed by people all over the world, which is what linux is, what the gnu toolchain is, and what the various add-on programs are. As you yourself point out, turbolinux is on the decline - this will just hasten its' rush to obscurity.
"Nice domain. :-)"
The previous owner let it lapse, and it was available for 11 months before I checked and went WTF!?!
Back on-topic - I'm surprised some typo squater didn't grab it so for its similarity to trolltech.com.
Thanks for the info. I see the date is still November 8th.
Since its on a secondary machine, I don't minde doing the wipe/reinstall from scratch bit.
I'm not that fond of Ubuntu for myself - I find it "too user-friendly" (what can I say, I'm a big fan of slackware :-),
Still, I might throw it on one drive again, so that I have a frame - but my needs and usage patterns aren't your "average user."
dd does everything you'll ever need, from making backup images of partitions or whole drives, to restoring only portions of adrive (say, your boot sector or partition table), and you can always output the file to another machine on your local lan (or anywhere in the world with a net connection) rather than to a cd /dvd.
"It seems that they always throw around that "we'll protect our Intellectual Property..." line a lot, but no one seems to have a clue what their talking about. "
They are "protecting their intellectual property". Their intellectual property consists of Fear, Uncertainty, and Doubt. Ask anyone who's using Windows and is afraid of the forced downgrade to Vista on their next purchase ...
Oh, you meant like in software? Nothing to see there ...