It is legal for you to record such calls in every state because every party to the conversation is aware that it is recorded. No need to make an announcement because they have already announced that they are recording.
The mysterious force that causes truckloads of bees to overturn also causes wild car chases to overturn a fruit vendors stall or strike an old flatbed truck carrying four dozen chicken coops.
I don't think so. Ritchie brought the world C and Unix. Then what did he do for the rest of his life?
Steve Jobs brought the world a computer you could just plug into the wall and TV and use without owning a soldering iron, even school kids could use it. Then he made available a totally integrated computer with a GUI. Along with that he brought regular people the capability to create beautiful printed documents on their own. (I think the Mac+LaserWriter alone had a greater impact on the world than Dennis Ritchie.) Then he created an operating system / application development environment based on OOP, which after 25 years is now one of the most widely used (built on the back of C/Unix too!) Then, in the face of huge resistance, he killed the floppy drive, serial ports, and parallel ports which would probably still be shipping on most computers today. He showed people that computers could be pretty and stylish objects that people would be proud to display instead of depressingly shaped and shaded "office equipment." Then he created a music player with integrated library management software at a time when all players came with horrible software that made regular people scream in frustration. Then he used that to radically transform the music industry, which everyone thought was on its last legs. Then he took everything he had spent the last 20 years working on, along with some tech he got from people who made keyboards that normal people couldn't use, and used it to totally reshape the cell phone (and eventually all computers.) Four years on and the competition is still reeling from that one. Then he took that and created a truly intuitive computer, the first tablet computer that people actually wanted to buy.
Whatever, the main userland stuff on OSX/iOS is not BSD. You could get rid of all of the BSD stuff and users wouldn't even know. It used to be an optional install! All of the important userland stuff is descended from NeXTSTEP and that was started with Steve Jobs vision in 1985, which was to do for software developers what Mac did for users.
Thats why in California, for instance, the trespassing law doesn't allow the operators of businesses open to the public to kick people out for taking a photograph, making a phone call, writing down prices, etc...
(a) Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner's agent, or by a peace officer acting at the request of the owner or owner's agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine. [...] (c) This section shall not apply to any of the following persons:
(1) Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law. (2) Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(d) Nothing in this section shall be deemed to supersede the application of any other law.
California's constitution provides affirmative protection of people's right to free speech, unlike the US constitution which simply prohibits congress (and the states) from passing laws infringing upon it.
You forgot the important issue of municipalities like San Francisco trying to pass laws banning circumcision. The Gov. just put his signature on a bill prohibiting those laws.
It's established that the police can search containers nearby someone being arrested if they reasonably could hold evidence of the crime for which the arrest is made. In the opinion handed down by the State appeals court that was discussed recently here, the guy had physical evidence of drug use in his car. The police reasoning went along the lines of "drug users and dealers use cell phones to setup deals" so that opened the door for the police to search his phone. The court agreed...
When you play a CD you make a copy of it too. How does that affect whether the transaction where you acquire that CD counts as a sale or not? p.s. Making a copy to install software, to use it, or make a backup is not infringement, see 17 USC 117.
On the one hand the 9th Circuit that just mailing a disc to a DJ counts as a sale because it has been "placed into the stream of commerce" even though the publisher of the says it isn't. On the other hand they say a disc that's sold in a store in a box like anything else that is sold in stores doesn't count as a sale because the publisher says it isn't. What is the difference?
OS X does not run from the install DVD, it needs to be copied onto a hard disk to run. This technicality is what allows the EULA to exist.
Wrong, see 17 USC 117 (a). The license agreement exists because the software publisher puts it there.
The court found that this is not a misuse of copyright, which means that it's a strong legal precedent saying that you can put any term in the EULA that you want.
No, the court found there was no misuse of copyright because the terms did not prevent Psystar from creating their own software or hardware. It doesn't mean they can put whatever they want in their license.
We con- clude that the district court correctly ruled that Apple had not engaged in copyright misuse. As we will explain, this is prin- cipally because its licensing agreement was intended to require the operating system to be used on the computer it was designed to operate, and it did not prevent others from developing their own computer or operating systems.
They have Augusto, where a CD that is mailed to DJs with a sticker that says "promotional use only, not for sale" still counts as a sale and the doctrine of first sale applies:
Notwithstanding its distinctive name, the doctrine applies not only when a copy is first sold, but when a copy is given away or title is otherwise transferred without the accouterments of a sale. See 4 Patry on Copyright 13:15; see also United States v. Atherton, 561 F.2d 747, 750 (9th Cir. 1977) (“The ‘sale’ embodied in the first sale concept is a term of art.”). “[O]nce the copyright owner places a copyrighted item in the stream of commerce . . . , he has exhausted his exclusive statutory right to control its distribution.” Quality King, 523 U.S. at 152. The seminal illustration of the princi- ple is found in Bobbs-Merrill Co. v. Straus, 210 U.S. 339, 341 (1908), where a copyright owner unsuccessfully attempted to restrain the resale of a copyrighted book by including in it the following notice: “The price of this book at retail is $1 net. No dealer is licensed to sell it at a less price, and a sale at less price will be treated as an infringement of the copyright.” Id. The Court noted that the statutory grant to a copyright owner of the “sole right of vending” the work did not continue after the first sale of a given copy. Id. at 349-50.
Then they have Vernor/Psystar which says a box of software sold in a store like a book or CD is not actually a sale because Apple says it isn't and because Apple says there are restrictions on the ability to transfer or use it:
We hold today that a software user is a licensee rather than an owner of a copy where the copyright owner (1) specifies that the user is granted a license; (2) significantly restricts the user’s ability to transfer the software; and (3) imposes notable use restric- tions.
I predict Vernor will fall if it makes it to the Supreme Court. It totally conflicts with Bobbs-Merrill vs. Strauss and 17 USC 109 and common sense. If it walks like a sale and talks like a sale then it is a sale.
Not that would help Psystar, they have other problems.
Here is a real world example where getting a key gets you nothing. Lets say you're targeting someone specific to get their secret cookie recipe or their confession and you've installed a wire tap on their net connection and you've been recording all of the traffic. The target has been chatting with their friends over some encrypted chat thing and you're sure they've been discussing the recipe/crime. So one day your goons stop the mark, steal their laptop which contains their private keys, and beat them with a hose until they give up the password that unlocks them. You type in the password right there and make sure it works. Maybe you just try a password cracker and get lucky.
Now you're golden, you can go back and decrypt all that old traffic and get the recipe, right? No, the private keys stored on the hard drive were only used to authenticate the exchange of randomly generated temporary keys used to do the actual encryption and do you no good at all.
Lets say you manage to steal the key material undetected and guess the passphrase protecting them. Now you can passively watch all of the traffic that goes by? No, you must do an active "man in the middle" attack.
Lets say you are very powerful and are capable of doing an active attack during the conversation. Now you're all set to get your marks secrets as soon as they discuss them again, right? No, because your mark is using voice or video chat, recognizes whom they are speaking with, and are comparing the hashes of the temporary keys being used to encrypt the conversation before talking about anything sensitive.
No because you can change the key, which is much easier than changing the cryptosystem. With a good source of entropy, I can generate large numbers good keys all day long. Good cryptosystems are much harder to come by, so the cryptosystem is designed to make changing keys easy. Cryptosystems are also designed to minimize the impact of a single key being discovered. Forward secrecy, for instance, where stealing a key might not get you anything at all.
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It is legal for you to record such calls in every state because every party to the conversation is aware that it is recorded. No need to make an announcement because they have already announced that they are recording.
Yeah because all that military might has been very effective in Afghanistan, Iraq, Vietnam, Palestine, Egypt, Libya, USSR, etc...
The mysterious force that causes truckloads of bees to overturn also causes wild car chases to overturn a fruit vendors stall or strike an old flatbed truck carrying four dozen chicken coops.
If you can't say what his "impact on the technology world" after C and Unix was then it probably didn't have much impact.
I don't think so. Ritchie brought the world C and Unix. Then what did he do for the rest of his life?
Steve Jobs brought the world a computer you could just plug into the wall and TV and use without owning a soldering iron, even school kids could use it. Then he made available a totally integrated computer with a GUI. Along with that he brought regular people the capability to create beautiful printed documents on their own. (I think the Mac+LaserWriter alone had a greater impact on the world than Dennis Ritchie.) Then he created an operating system / application development environment based on OOP, which after 25 years is now one of the most widely used (built on the back of C/Unix too!) Then, in the face of huge resistance, he killed the floppy drive, serial ports, and parallel ports which would probably still be shipping on most computers today. He showed people that computers could be pretty and stylish objects that people would be proud to display instead of depressingly shaped and shaded "office equipment." Then he created a music player with integrated library management software at a time when all players came with horrible software that made regular people scream in frustration. Then he used that to radically transform the music industry, which everyone thought was on its last legs. Then he took everything he had spent the last 20 years working on, along with some tech he got from people who made keyboards that normal people couldn't use, and used it to totally reshape the cell phone (and eventually all computers.) Four years on and the competition is still reeling from that one. Then he took that and created a truly intuitive computer, the first tablet computer that people actually wanted to buy.
I'm probably leaving things out.
Whatever, the main userland stuff on OSX/iOS is not BSD. You could get rid of all of the BSD stuff and users wouldn't even know. It used to be an optional install! All of the important userland stuff is descended from NeXTSTEP and that was started with Steve Jobs vision in 1985, which was to do for software developers what Mac did for users.
They are formerly America's premier manufacturer and distributor of coasters.
It's all about land.
Thats why in California, for instance, the trespassing law doesn't allow the operators of businesses open to the public to kick people out for taking a photograph, making a phone call, writing down prices, etc...
California's constitution provides affirmative protection of people's right to free speech, unlike the US constitution which simply prohibits congress (and the states) from passing laws infringing upon it.
You forgot the important issue of municipalities like San Francisco trying to pass laws banning circumcision. The Gov. just put his signature on a bill prohibiting those laws.
It's established that the police can search containers nearby someone being arrested if they reasonably could hold evidence of the crime for which the arrest is made. In the opinion handed down by the State appeals court that was discussed recently here, the guy had physical evidence of drug use in his car. The police reasoning went along the lines of "drug users and dealers use cell phones to setup deals" so that opened the door for the police to search his phone. The court agreed...
Please read DC vs. Heller so you don't look like an ignoramus.
I thought Go was just a project of some Google engineers and not an official product.
Can we use this on politicians before they are elected?
It's easy when you are a distant second or third in the market.
Despite being a promo CD, it was still a sale. See the quote from Augusto in my top post.
When you play a CD you make a copy of it too. How does that affect whether the transaction where you acquire that CD counts as a sale or not? p.s. Making a copy to install software, to use it, or make a backup is not infringement, see 17 USC 117.
On the one hand the 9th Circuit that just mailing a disc to a DJ counts as a sale because it has been "placed into the stream of commerce" even though the publisher of the says it isn't. On the other hand they say a disc that's sold in a store in a box like anything else that is sold in stores doesn't count as a sale because the publisher says it isn't. What is the difference?
Try reading Bobbs-Merrill Co v. Straus which is the basis for 17 USC 109. Then you can read Universal Music Group v. Augusto.
Wrong, see 17 USC 117 (a). The license agreement exists because the software publisher puts it there.
No, the court found there was no misuse of copyright because the terms did not prevent Psystar from creating their own software or hardware. It doesn't mean they can put whatever they want in their license.
How about a book? Can I publish a book with a license printed on it that says "this book may not be resold for more than $1" ?
How about a CD? Can I print CD's that say "for promotional use - not for sale" then sue someone who sells them?
They have Augusto, where a CD that is mailed to DJs with a sticker that says "promotional use only, not for sale" still counts as a sale and the doctrine of first sale applies:
Then they have Vernor/Psystar which says a box of software sold in a store like a book or CD is not actually a sale because Apple says it isn't and because Apple says there are restrictions on the ability to transfer or use it:
I predict Vernor will fall if it makes it to the Supreme Court. It totally conflicts with Bobbs-Merrill vs. Strauss and 17 USC 109 and common sense. If it walks like a sale and talks like a sale then it is a sale.
Not that would help Psystar, they have other problems.
Here is a real world example where getting a key gets you nothing. Lets say you're targeting someone specific to get their secret cookie recipe or their confession and you've installed a wire tap on their net connection and you've been recording all of the traffic. The target has been chatting with their friends over some encrypted chat thing and you're sure they've been discussing the recipe/crime. So one day your goons stop the mark, steal their laptop which contains their private keys, and beat them with a hose until they give up the password that unlocks them. You type in the password right there and make sure it works. Maybe you just try a password cracker and get lucky.
Now you're golden, you can go back and decrypt all that old traffic and get the recipe, right? No, the private keys stored on the hard drive were only used to authenticate the exchange of randomly generated temporary keys used to do the actual encryption and do you no good at all.
Lets say you manage to steal the key material undetected and guess the passphrase protecting them. Now you can passively watch all of the traffic that goes by? No, you must do an active "man in the middle" attack.
Lets say you are very powerful and are capable of doing an active attack during the conversation. Now you're all set to get your marks secrets as soon as they discuss them again, right? No, because your mark is using voice or video chat, recognizes whom they are speaking with, and are comparing the hashes of the temporary keys being used to encrypt the conversation before talking about anything sensitive.
No because you can change the key, which is much easier than changing the cryptosystem. With a good source of entropy, I can generate large numbers good keys all day long. Good cryptosystems are much harder to come by, so the cryptosystem is designed to make changing keys easy. Cryptosystems are also designed to minimize the impact of a single key being discovered. Forward secrecy, for instance, where stealing a key might not get you anything at all.
Devs need to drink more of the DevQA cool-aid too.