Unfortunately, to send a counter notice you have to allege under penalty of perjury that the violations are untrue, and you also have to consent to be sued.
Seeing as how Sony already sued Geohot without legal provocation on their *own* initiative, I do not think anyone is going to instigate a lawsuit by slapping back a counter-notice.
Hackers are not responsible for what cheaters and pirates choose to piggy back their work for.
That sort of enforced loyalty to Sony only comes from working for them, in which case you get a slice of their payroll in exchange for being their shills.
Actually, part of the second applies to the first, since if you have a dominant market share it's entirely in your interest to advance obfuscation as fast as web developers can keep up, since it keeps things broken enough not to work with browsers that respect open standards. It causes lock-in.
Bonus points for breaking stuff that PHBs don't like anyway, such as facebook and youtube. In many cases, being broken is a feature.
In theory, Galoob v. Nintendo would agree with you, however in practice the legal system only works if you're rich enough to survive suing or being sued.
Sony's 800 pound gorilla lawyers will eat him alive if he even comes close to committing contempt of court by defying the injunction, and at this point the judge is probably going to broadly interpret potential violations of his order.
The fact that they even got the TRO is telling as to who the judge sides with at this point.
What I mean is that someone using that loophole to get facebook in hot water may result in being banned (and all evidence getting shredded) before anyone has time to file a complaint.
The difference (and a damn BIG one at that) is that with the iPhone you have no alternatives. With android, you do. You can even unlock the bootloader if you like. You do, however, void the warranty if you do so.
As Facebook's TOS allows them to terminate any use at any time in their sole and final discretion for any or no reason, any loopholes will be conveniently plugged by administrative fiat.
Unlike with repositories, pages in a history book can be torn out or erased without corrupting the book as a whole.
To relate the analogy to revision control that by its nature is amendment resistant, erasing repository data would be like ripping the binding out of a book and makign the pages fall loose leafed.
Comparing repositories to history books is defective.
Just quit paying your bill, and when they whine, tell them you tried to cancel but that the retention line wouldn't take no for an answer. Say you'll only pay the balance when they stop charging you.
If they report you to the credit bureaus, dispute the charges.
First they came for the...and I did not speak up, for I was not a...
yada yada yada
Here's an easy reference: Planck units.
Just define everything in terms of Planck units and nothing will ever change.
1st amendment rights only protect you from government censorship.
Letting corporations do the government's dirty work is just a nice loophole.
And since corporations own the government anyway, it's not really different from the status quo.
The lawyer is the agent of the copyright holder and acts on his behalf. Anything the lawyer knows, is imputed to his client.
Unfortunately, to send a counter notice you have to allege under penalty of perjury that the violations are untrue, and you also have to consent to be sued.
Seeing as how Sony already sued Geohot without legal provocation on their *own* initiative, I do not think anyone is going to instigate a lawsuit by slapping back a counter-notice.
It's hardly caving to comply with a federal law that allows the affected party to file a counter notice.
If corporations like it, it's not good for you.
First of all, Universal WON that DeCSS case, so it's actually unfavorable.
Second, Sony can file any takedown notice they darn please. All they have to worry about is how much trouble they'll get in if they're caught.
Hackers are not responsible for what cheaters and pirates choose to piggy back their work for.
That sort of enforced loyalty to Sony only comes from working for them, in which case you get a slice of their payroll in exchange for being their shills.
Yes they do, but the question is whether or not they'll risk arrest for wire fraud by coughing it up.
Actually, part of the second applies to the first, since if you have a dominant market share it's entirely in your interest to advance obfuscation as fast as web developers can keep up, since it keeps things broken enough not to work with browsers that respect open standards. It causes lock-in.
Bonus points for breaking stuff that PHBs don't like anyway, such as facebook and youtube. In many cases, being broken is a feature.
In theory, Galoob v. Nintendo would agree with you, however in practice the legal system only works if you're rich enough to survive suing or being sued.
Sorry, but any law can and will swing both ways, even in a self contradictory manner, will always favor the rich and powerful.
The individual will always lose no matter which side of the fence he is on.
Sony's 800 pound gorilla lawyers will eat him alive if he even comes close to committing contempt of court by defying the injunction, and at this point the judge is probably going to broadly interpret potential violations of his order.
The fact that they even got the TRO is telling as to who the judge sides with at this point.
What I mean is that someone using that loophole to get facebook in hot water may result in being banned (and all evidence getting shredded) before anyone has time to file a complaint.
The difference (and a damn BIG one at that) is that with the iPhone you have no alternatives. With android, you do. You can even unlock the bootloader if you like. You do, however, void the warranty if you do so.
If you pay for the photograph, it's a work for hire that belongs to you, absent a contract saying something different.
As Facebook's TOS allows them to terminate any use at any time in their sole and final discretion for any or no reason, any loopholes will be conveniently plugged by administrative fiat.
I believe Micro$oft makes its file formats proprietary and obfuscated on purpose to prevent the competition from edging into its dominant market.
1, he's a politician, and 2, the corporate owned media doesn't hate his guts.
Those are your two biggest clues.
I'd be more interested in percentage of income contributed to tax base.
A smaller slice of a bigger pie can still outweigh a big slice of a small pie.
I say, and how, pray tell, will he ever get rich enough to be above the law if he's busy paying through the nose in taxes?
Unlike with repositories, pages in a history book can be torn out or erased without corrupting the book as a whole.
To relate the analogy to revision control that by its nature is amendment resistant, erasing repository data would be like ripping the binding out of a book and makign the pages fall loose leafed.
Comparing repositories to history books is defective.
Just quit paying your bill, and when they whine, tell them you tried to cancel but that the retention line wouldn't take no for an answer. Say you'll only pay the balance when they stop charging you.
If they report you to the credit bureaus, dispute the charges.
IIRC, CHP will confiscate your vehicle if you're caught driving while suspended.
The only way you can get it back is to file a stolen vehicle report and run your borrower in for grand theft auto.