Guy acquitted after gov't got him to order kiddie porn thru mail and then busted him. He was acquitted because the gov't hadn't proved intent, not because it was entrapment
Well, actually, he was acquitted that because the government could not show he was predisposed to buy child pornography it was entrapment. He was acquitted because it was entrapment, in the end. The government is allowed to use ubterfuge to catch people who break the law, but it becomes entrapment when they implant the idea of breaking the law, and they were (on appeal) unable to demonstrate that he had the idea (the intent) to do so independently.
The FSF though, in theory, could close source it. However you could get them to sign a contract forbidding them from doing that when you sign it across.
obviously you've never read their standard assignment papers, which contain just such a clause.....
Is the right to license any way you want freedom?
on
Freedom or Power?
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· Score: 2, Insightful
Possibly. If you accept the existance of copyright as a natural right, rather than a right granted by governments for the common good. If the latter, then a right to license any way you want is not so clearly a "freedom" as you're using the force of copyright law to obtain your ends. In the US copyright is not held to be a "natural" right, and there are already limits on licensing (see also, fair use). The courts have been pretty good about saying that you can't just come up with a license that takes away fair use. Stallman's position is more in line with the courts (that there are licenses that are contrary to public interest, and hence verboten), than the idea "I can do anything I like with my license".
Or should the RIAA and MPAA and all their friends be allowed to write licenses that are contrary to the public interest.
I'm not sure I agree with Stallman about all which licenses are contrary to the public interest, but I agree they exist, and you should not have the "freedom" to use copyright law to enforce them....
The organization of their sets and impeccable taste in tracks can never be replaced by aritifical intelligence.
Also, a computer will never defeat a grandmaster at chess. They won't be able to replicate the inventiveness of a human player.
It may be a while, before a computer can be a better DJ than a human, and it may be impossible, but I think being sure it's impossible is awfully premature, given that people have been trying for a very, very short time.
and you won't get it from a computer (assuming that it is not using a robotic arm and turntables to play the tracks)
Bullpucky. Writing a program to replicate that effect wouldn't be terribly hard. It'd take a little research, but if you think it'd take an appropriately equipped programmer much more than a week to hack something that could do it, you're wrong.
Well, they also worked to get the US out of the great depression. If they're crafted for maximum economic impact, they work, if they're turned into a big feeding trough of pork for special interests (like in Japan, and possibly the US today), then they're worse than useless.
Long chain hydrocarbons, when burned, produce 1 water molecule for each carbon dioxide molecule. Methane combustion emits 2 waters for each CO2. The additional water from an H2 motor is not going to be worse than the other stuff you're getting from hydrocarbon combustion.
Well, revenue counts for a lot in the "political power" arena. The part of revenue that doesn't go to income goes to things like employing people in congressmans districts, and buying things from people in congressmans districts. So when you go to these congressmen telling horror stories about how if they don't pass this law at once, you're going to go out of business, you get listened to. Just look at the steel industry....
but $HOME probably doesn't contain a lot of possible targets for a virus (that is, executable programs that could be infected). Now, of course, the holy grail would be some mandatory access control that would prevent your web browser process from deleting your important files. But that's still a OS level security feature.
Errr. there are superconducting devices that you can use to build logic. Well, you need insulators too, but the josephon junction can be used as a switch, and involves no semiconductors. That said, it's not something we'll be seeing any time soon.
Why? Because the position and momentum operators don't commute, so an eigenstate of one is not an eigenstate of the other. Thus a particle cannot have a well-defined position and momentum at the same time.
5 mV? you have to be out of your mind. That implies a 5meV gap for the electrons. That's the thermal energy of particles around 60 degrees kelvin (cooler than liquid nitrogen). Getting an electronic state that small is near impossible. Getting a vibrational state that small is near impossible. No, gaps of closer to 1-5 V are much, much, more likely.
Would it make a difference if the restrictions placed around Microsoft's neck were instead around two companies?
In my opinion, yes. It is much easier to catch illegal collusion between 2 companies with separate command hierarchies, than it is to catch a single company doing something sleazy in one division to another division. Creates a legal air-gap if you will....
Well, when I moderate, I've been known to use overrated for "wrong". Saying the moon is made of green cheese is not informative. Not a troll/flamebait either. What do you do with such posts?
The first time we came to a blank cave wall with a burnt stick, we chronicled how we had managed to obtain food for our family with our spears that were hardened by fire. We discovered what rocks could be turned into sharper rocks, we wore clothing. Discovered what foods were dangerous to eat, and told our friends (experiment, and scientific publishing). Heck, the discovery that you can use a burnt stick to draw is basically science.
yes, but pre-writing hand-written letters, and then mailing them to people to send it a little bit more unusual. (Though I'm sure MS is not the first to do it)
Well, actually, the tying claim was remanded back to the lower court, under standard that is less likely to result in conviction than the one Judge Jackson used. Several other monopoly maintenance counts were upheld, but the tying claim is still open, and looks relatively favorable for MS.
So it's more of a fudge than a horiffic mistake or bald-faced lie... If he said it proved MS didn't do anything wrong, that's a lie.
By that logic, laws against theft decrease your flerbage, because you do not have the opportunity yo produce income by that means, despite the fact that others can decrease your peoperty thereby. You've gotten into whose flerbage is worth more, in what ways, and "flerbage maximazation" is no longer useful. Also, proprietary licenses reduce my ability to not spend money and thus keep my income high by just copying the software. So they decrease my property, and thus my flerbage.
if you two could get a law passed making proprietary licenses illegal, would you do it?
How about this one: if you could repeal the laws that prevent you from copying software, would you?
In the absence of copyright law, I can copy Sicromoft's operating system. Copyright law removes that right/privelege.
ESR is also extremely disingenous when he says these things:
I have the condition of flerbage when I can behave in the confidence that nobody will take my life, my physical property, or my time without my consent. (Observe that I am not prejudicing the discussion by assuming that the software I write is my property.)
and then
Part of my flerbage is that I can offer people a license that says "I trade you my software on the condition that you (a) pay me some money, and (b) don't give a copy to anyone else."
. Now you see, this isn't part of his flerbage, by his definition. If he can't make this trade, has he lost any time? his life? his (non-intellectual) property? No. This is not part of his flerbage, as he defined it. "my software" is an interesting word, if he has not, as he claims, prejudiced the argument by assuming the software he creates is property. Nor is his flerbage decreased (unless we make the additional assumption software is property, if the government copies his software, and gives every single person on the planet a copy. He didn't lose the time he spent making it, he had the option to do something else.
so his moral committment is he's pro-flerbage. Well, the debate is flerbage-neutral. flerbage doesn't, as far as I can tell, enter into it at all. Unless, of course, you want to prejudice the argument by claiming the programs you write are your property.
The conclusion is the only one possible. Microsoft holds no monopoly in any market. I make no attempt to resolve whether it may have excessive market power as defined by law.
Or even, whether it meets the legal definiton of a monopoly, which is, and organization that has excessive market power as define by law (referred to as monopoly power).
Legally, MS is a monopoly. You can play whatever semantic games you like, but the law says MS is a monopoly.
What this means is that the appellate court DID NOT uphold that Microsoft is guilty of defending its monopoly
The appelate court said:
...we hold that with the exception of the one restriction prohibiting automatically launched alternative interfaces, all the OEM license resrictions at issue represent uses of Microsoft's marker power to protect it's monopoly, unreddeemed by any legitimate justification. The justifications therefore violate section 2 of the Sherman Act.
and:
Accordingly we affirm the District Court's decision holding that Microsoft's exclusive contracts with IAPs are exclusionary devices, in violation of section 2 of the Sherman Act.
and:
Accordingly we hold that the exclusive deal with Apple is exclusionary, in violation of section 2 of the Sherman Act.
and:
...we hold that the provisions in the First Wave Agreements requiring the use of Microsoft's JVM as the default are exclusionary, in violation of the Sherman Act.
and:
Unsuprisingly, Microsoft offers no procompetetive explanation for its campaign to decieve developers. Accordingly, we conclude this conduct is exclusionary, in violation of section 2 of the Sherman Act.
and:
Therefore we affirm in conclusion that Microsoft's threats were exclusionary, in violation of section 2 of the Sherman Act.
Now... I dunno, but it looks to me like they upheld 6 acts of microsoft's as being illegal attempts to maintain their monopoly (on operating systems). What they reversed was the section 1 claim that they attempted to monopolize the market for web browsers. This does not let MS off the hook... "yes, he murdered these 6 people, but we can't prove he murdered these 4 others". I mean, yes the murder is probably happy that the death sentence was vacated, and that the judge will only be considering 6 murders, not 10, when he's re-sentenced... but.... Well, you're wrong. The appeals court upheld that they illegaly maintained their monopoly.
In sum, for reasons more fully explained below, we affirm in part, reverse in part, and remand in part the District Court's judgement assessing laibility"
Thus MS cannot be cleared of all liability by the lower court because some of the liability (specifically that they used anticometetive measures to maintain an OS monopoly) has been affirmed by the appeals court, and is not in their remand. Neither, admittedly, can they reverse the appeals court's reversal of jackson's finding that MS anticometetitavely tried to monopolize the browser market.
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Hg -> Au has been done.
Or should the RIAA and MPAA and all their friends be allowed to write licenses that are contrary to the public interest.
I'm not sure I agree with Stallman about all which licenses are contrary to the public interest, but I agree they exist, and you should not have the "freedom" to use copyright law to enforce them....
It may be a while, before a computer can be a better DJ than a human, and it may be impossible, but I think being sure it's impossible is awfully premature, given that people have been trying for a very, very short time.
Bullpucky. Writing a program to replicate that effect wouldn't be terribly hard. It'd take a little research, but if you think it'd take an appropriately equipped programmer much more than a week to hack something that could do it, you're wrong.Well, they also worked to get the US out of the great depression. If they're crafted for maximum economic impact, they work, if they're turned into a big feeding trough of pork for special interests (like in Japan, and possibly the US today), then they're worse than useless.
Long chain hydrocarbons, when burned, produce 1 water molecule for each carbon dioxide molecule. Methane combustion emits 2 waters for each CO2. The additional water from an H2 motor is not going to be worse than the other stuff you're getting from hydrocarbon combustion.
Well, revenue counts for a lot in the "political power" arena. The part of revenue that doesn't go to income goes to things like employing people in congressmans districts, and buying things from people in congressmans districts. So when you go to these congressmen telling horror stories about how if they don't pass this law at once, you're going to go out of business, you get listened to. Just look at the steel industry....
but $HOME probably doesn't contain a lot of possible targets for a virus (that is, executable programs that could be infected). Now, of course, the holy grail would be some mandatory access control that would prevent your web browser process from deleting your important files. But that's still a OS level security feature.
Errr. there are superconducting devices that you can use to build logic. Well, you need insulators too, but the josephon junction can be used as a switch, and involves no semiconductors. That said, it's not something we'll be seeing any time soon.
Why? Because the position and momentum operators don't commute, so an eigenstate of one is not an eigenstate of the other. Thus a particle cannot have a well-defined position and momentum at the same time.
5 mV? you have to be out of your mind. That implies a 5meV gap for the electrons. That's the thermal energy of particles around 60 degrees kelvin (cooler than liquid nitrogen). Getting an electronic state that small is near impossible. Getting a vibrational state that small is near impossible. No, gaps of closer to 1-5 V are much, much, more likely.
Because a standard that some people aren't allowed to implement is going to be pretty non-standard.
Well, when I moderate, I've been known to use overrated for "wrong". Saying the moon is made of green cheese is not informative. Not a troll/flamebait either. What do you do with such posts?
The first time we came to a blank cave wall with a burnt stick, we chronicled how we had managed to obtain food for our family with our spears that were hardened by fire. We discovered what rocks could be turned into sharper rocks, we wore clothing. Discovered what foods were dangerous to eat, and told our friends (experiment, and scientific publishing). Heck, the discovery that you can use a burnt stick to draw is basically science.
yes, but pre-writing hand-written letters, and then mailing them to people to send it a little bit more unusual. (Though I'm sure MS is not the first to do it)
So it's more of a fudge than a horiffic mistake or bald-faced lie... If he said it proved MS didn't do anything wrong, that's a lie.
By that logic, laws against theft decrease your flerbage, because you do not have the opportunity yo produce income by that means, despite the fact that others can decrease your peoperty thereby. You've gotten into whose flerbage is worth more, in what ways, and "flerbage maximazation" is no longer useful. Also, proprietary licenses reduce my ability to not spend money and thus keep my income high by just copying the software. So they decrease my property, and thus my flerbage.
How about this one: if you could repeal the laws that prevent you from copying software, would you?
In the absence of copyright law, I can copy Sicromoft's operating system. Copyright law removes that right/privelege.
ESR is also extremely disingenous when he says these things:
and then . Now you see, this isn't part of his flerbage, by his definition. If he can't make this trade, has he lost any time? his life? his (non-intellectual) property? No. This is not part of his flerbage, as he defined it. "my software" is an interesting word, if he has not, as he claims, prejudiced the argument by assuming the software he creates is property. Nor is his flerbage decreased (unless we make the additional assumption software is property, if the government copies his software, and gives every single person on the planet a copy. He didn't lose the time he spent making it, he had the option to do something else.so his moral committment is he's pro-flerbage. Well, the debate is flerbage-neutral. flerbage doesn't, as far as I can tell, enter into it at all. Unless, of course, you want to prejudice the argument by claiming the programs you write are your property.
Legally, MS is a monopoly. You can play whatever semantic games you like, but the law says MS is a monopoly.
Huge, I'm sure. But then they're a much older and established company. The relevant comparison might be to MS at this stage in it's development....