there are many laws like manslaughter that do not require the proof of intent.
But if the standard is not intent, it is usually negligence, defined as "failure to exercise reasonable care". Because the Freenet share and all Freenet transactions are encrypted, no amount of "reasonable care" will lead anybody to believe that child pornography is flowing through your computer.
Ahh, that's better. Some crimes have "knowingly"; others have "negligently". Now the question at hand was whether or not the crime of possession or trafficking in child pornography requires knowledge of possession or trafficking. Turns out, I see "knowingly" all over 18 USC 2252 and 2252A.
Under English common law (the foundation of the legal system of the UK, the Commonwealth, and the USA), a conviction for almost any crime requires proof of "mens rea", or intent. That's why legal codes follow the formula "a person who knowingly $DOESTHIS commits $CRIME". There exist "strict liability" crimes that do not require intent, but none of those can result in imprisonment.
In general, less than 25 percent of a typical album makes it to the radio, even less than that to oldies radio, and many albums don't make it to the radio at all.
Since you were unwilling to sell it them separately, I took the liberty of just taking them.
The difference between theft of physical property and piracy of a copyrighted work is that piracy does not deprive the author or publisher of the goods itself but only of a (slim) potential sale.
Are you saying you never download a current song?
The vast majority of my music downloads are at least 14 years old. And when I get three tracks from one album, I make a point to pick up a genuine copy. For fans of singles, "greatest hits" collections are your friend.
First, read Sega v. Accolade (limited precential value because it came before the DMCA, but some nonetheless). Second, the broad Universal v. Reimerdes interpretation of 1201(a) is limited to one federal circuit; another circuit has acquitted a defendant (U.S. v. Elcomsoft), and an argument from 17 USC 117 and Sega may help. Third, ask your congresscritters to put their support behind the BALANCE Act.
Just like someone suggested a few months ago to use a (c) work for e-mail authentication
Though there is a copyrighted work involved in the Habeas system, it primarily relies on the HABEAS(tm) warrant mark.
Let's say no games will work unless they are somehow transformed by that piece of code, which is a transform of a copyrighted document
For one thing, the lockout on the Xbox is not an encrypted binary (the binary is stored as cleartext) but rather an encrypted hash; that may have some "last straw" legal weight. For another, the copyright in an Xbox program that doesn't use the Microsoft XDK libraries is owned not by Microsoft but by the author of the program (e.g. Linus Torvalds, Free Software Foundation, XFree86.org, etc), so it'd be completely "with the authority of the copyright owner" as described in the DMCA.
Of course, nothing you read on Slashdot is legal advice.
Your use of vertical market apps confuses me (I am not too bright)
By "vertical market apps" I refer to programs that are sold to very few buyers, such as apps designed for automating a particular aspect of a particular business. Because of lack of competition in such sectors, many of those programs are poorly written with absolute pixel placement of dialog elements, which does not scale to other font sizes.
but my point was people want to right click desktop, click on settings slide bar. That is how it is done in widows.
Assuming "widows" means "Microsoft Windows", that's still not how it was done on the last version of Mac OS that I used (Mac OS 8.1, four years ago, after having been away from Macs for four years at university).
The average person wants to change their wallpaper/resolution.
I figured out wallpaper very quickly even in the old-skool GNOME desktop included in Red Hat Linux 6.x. Under Mac OS 8, I could go to Control Panel and change the desktop picture. Under ancient GNOME, I could go to Control Center and change the desktop picture.
As for resolution, the "correct" way to make things readable is not to drop down from 1280x1024 to 800x600 but rather to tell the machine that your display has a high DPI and to display fonts accordingly.
Say what? I'm not familiar with printing under Mac OS. Do all Mac printers that aren't expensive enough to speak PostScript speak the same language over the wire? Is there some sort of USB image output standard such that the printer sends a color correction profile and receives a bitmap image to print?
The fact that most driver installs in Linux involve compiling a kernel module will be even worse.
Can't a wizard automate this process?
But you also don't want people to call for support because they can't change the resolution of their monitor to 800x600 (because they cannot see the fonts).
Like Windows, X11 allows the user to change the display's logical DPI, but unlike vertical market Windows apps, vertical market apps for the popular X11 widget sets seem to respond well to changes in the DPI.
I don't belive it would be possible to program anything on conventional computers with known technolgies that another program couldn't be written to automate.
This brings up an excellent point. I would have to say that there is nothing more obnoxious in the console world than split screen gaming.
Then why do games such as Puyo Puyo, which is a split screen falling pieces puzzle game, sell? Hell, it even splits the screen on the Game Boy Advance version, which does have one machine per person.
A half-way decent game machine is as cheap as $400
For one thing, does that include the display and the Windows license? For another thing, most working families don't have $1200 to convert a one-machine setup to a four-machine setup for the kids who may come over on a play date.
I can pick a flagrunner out of the air with a headshot at 2000m in Tribes/Tribes2
<lamer>It appears an aimbot has passed the Turing test, and we're all witnessing it right now!</lamer>
And not in X. If at least half of the native PC games that I want to play run in Windows, where does X enter into it?
I can certainly run two instances of Quake 3 side-by-side, or above one another, for instance.
Can you give each one keyboard focus for one keyboard and restrict a mouse from moving accidentally from one window to another? And is there a wizard for that? Can the popular distributions (Mandrake, SuSE, Debian, and that popular one that I can't mention legally) auto-configure a multi-keyboard, multi-mouse gaming setup in such a way that makes sense to a home user with a median amount of PC configuration experience?
You still didn't address the 2 players on one machine issue that I brought up.
I have only one 3D-accelerated PC in my home; the other machines are either Macs, 486es, or laptops. Does the Half-Life engine support more than one keyboard or more than one mouse on one machine? Does it support split-screen? If not, you'll need to bring your own PC, and I don't think your significant other or your children would want to give up the PC that long.
If Microsoft released an Xbox2 that could run the same games as your Loghorn Windows PC, and Vice Versa
If the Xbox 2 could run vanilla Windows software, then anybody could homebrew for it. Microsoft doesn't want that, seeing as how it spreads the cost of developing the Xbox OS among the prices of the licensed games.
there are many laws like manslaughter that do not require the proof of intent.
But if the standard is not intent, it is usually negligence, defined as "failure to exercise reasonable care". Because the Freenet share and all Freenet transactions are encrypted, no amount of "reasonable care" will lead anybody to believe that child pornography is flowing through your computer.
Very few crimes have that requirement
Search federal kiddie porn law for "know".
Not every crime has the "knowingly" language.
Ahh, that's better. Some crimes have "knowingly"; others have "negligently". Now the question at hand was whether or not the crime of possession or trafficking in child pornography requires knowledge of possession or trafficking. Turns out, I see "knowingly" all over 18 USC 2252 and 2252A.
Very few crimes have that requirement [i.e. "knowingly" language]
Then what is this in the Indiana Code?
Another example of "knowingly or intentionally" in Indiana law: the law banning Pokemon .
And regardless of if you know or not, you're still responsible, legally and/or criminally.
Really? I thought crimes required mens rea.
There are certainly legal consequences.
Under English common law (the foundation of the legal system of the UK, the Commonwealth, and the USA), a conviction for almost any crime requires proof of "mens rea", or intent. That's why legal codes follow the formula "a person who knowingly $DOESTHIS commits $CRIME". There exist "strict liability" crimes that do not require intent, but none of those can result in imprisonment.
If you want to sample it, turn on the radio.
In general, less than 25 percent of a typical album makes it to the radio, even less than that to oldies radio, and many albums don't make it to the radio at all.
Since you were unwilling to sell it them separately, I took the liberty of just taking them.
The difference between theft of physical property and piracy of a copyrighted work is that piracy does not deprive the author or publisher of the goods itself but only of a (slim) potential sale.
Are you saying you never download a current song?
The vast majority of my music downloads are at least 14 years old. And when I get three tracks from one album, I make a point to pick up a genuine copy. For fans of singles, "greatest hits" collections are your friend.
Anything in the machine could be copywrited.
First, read Sega v. Accolade (limited precential value because it came before the DMCA, but some nonetheless). Second, the broad Universal v. Reimerdes interpretation of 1201(a) is limited to one federal circuit; another circuit has acquitted a defendant (U.S. v. Elcomsoft), and an argument from 17 USC 117 and Sega may help. Third, ask your congresscritters to put their support behind the BALANCE Act.
Just like someone suggested a few months ago to use a (c) work for e-mail authentication
Though there is a copyrighted work involved in the Habeas system, it primarily relies on the HABEAS(tm) warrant mark.
Let's say no games will work unless they are somehow transformed by that piece of code, which is a transform of a copyrighted document
For one thing, the lockout on the Xbox is not an encrypted binary (the binary is stored as cleartext) but rather an encrypted hash; that may have some "last straw" legal weight. For another, the copyright in an Xbox program that doesn't use the Microsoft XDK libraries is owned not by Microsoft but by the author of the program (e.g. Linus Torvalds, Free Software Foundation, XFree86.org, etc), so it'd be completely "with the authority of the copyright owner" as described in the DMCA.
Of course, nothing you read on Slashdot is legal advice.
uppose you get a Mac Card instead of a Windows one?
Many Mac peripherals and Windows peripherals are hardware-identical but with different drivers.
However if people want to be able to get a xxxx that works in their computer the differences are small.
The problem here is that Circuit City does not carry a xxxx that works in an x86 machine running the GNU/Linux operating environment.
Your use of vertical market apps confuses me (I am not too bright)
By "vertical market apps" I refer to programs that are sold to very few buyers, such as apps designed for automating a particular aspect of a particular business. Because of lack of competition in such sectors, many of those programs are poorly written with absolute pixel placement of dialog elements, which does not scale to other font sizes.
but my point was people want to right click desktop, click on settings slide bar. That is how it is done in widows.
Assuming "widows" means "Microsoft Windows", that's still not how it was done on the last version of Mac OS that I used (Mac OS 8.1, four years ago, after having been away from Macs for four years at university).
The average person wants to change their wallpaper/resolution.
I figured out wallpaper very quickly even in the old-skool GNOME desktop included in Red Hat Linux 6.x. Under Mac OS 8, I could go to Control Panel and change the desktop picture. Under ancient GNOME, I could go to Control Center and change the desktop picture.
As for resolution, the "correct" way to make things readable is not to drop down from 1280x1024 to 800x600 but rather to tell the machine that your display has a high DPI and to display fonts accordingly.
Kernel modules, and especially modversions, allow for huge amounts of flexability without recompiling the kernel.
Suppose you need to get a PCI card that doesn't have a kernel module in your particular Linux distribution.
Who recompiles the kernel, you or her?
What is external PCI?
It's called CardBus, and it has the same form factor as PCMCIA cards.
How's Outlook Virus Express working out for you?
How about "Outbreak Express"?
On a Mac, you just plug in the printer and print.
Say what? I'm not familiar with printing under Mac OS. Do all Mac printers that aren't expensive enough to speak PostScript speak the same language over the wire? Is there some sort of USB image output standard such that the printer sends a color correction profile and receives a bitmap image to print?
The fact that most driver installs in Linux involve compiling a kernel module will be even worse.
Can't a wizard automate this process?
But you also don't want people to call for support because they can't change the resolution of their monitor to 800x600 (because they cannot see the fonts).
Like Windows, X11 allows the user to change the display's logical DPI, but unlike vertical market Windows apps, vertical market apps for the popular X11 widget sets seem to respond well to changes in the DPI.
Both Serious Sam games support dual keyboards and mice for split screen mode. STFU.
Obviously I hadn't played Serious Sam before writing that comment. I'll have to check it out sometime.
I don't belive it would be possible to program anything on conventional computers with known technolgies that another program couldn't be written to automate.
Take a look at a Slashdot story and an article I wrote about the CAPTCHA project.
The Pentium Pro, the first microprocessor with modern superscalar architecture, was a breakthrough design.
Wasn't the whole Pentium Pro design "inspired" by Digital's Alpha or some other RISC design that was popular at the time?
Isn't there a teensy bit of a virus issue with doing something like this to a Linux box?
Not in the kids' account with no network privileges and no write privileges outside of /home and /tmp.
slapping a licence agreement on a program whose sole purpose is to violate another programs licence agreement.
You mean like airlines vs. farechase?
This brings up an excellent point. I would have to say that there is nothing more obnoxious in the console world than split screen gaming.
Then why do games such as Puyo Puyo, which is a split screen falling pieces puzzle game, sell? Hell, it even splits the screen on the Game Boy Advance version, which does have one machine per person.
A half-way decent game machine is as cheap as $400
For one thing, does that include the display and the Windows license? For another thing, most working families don't have $1200 to convert a one-machine setup to a four-machine setup for the kids who may come over on a play date.
I can pick a flagrunner out of the air with a headshot at 2000m in Tribes/Tribes2
<lamer>It appears an aimbot has passed the Turing test, and we're all witnessing it right now!</lamer>
X can handle... Games run in windows
And not in X. If at least half of the native PC games that I want to play run in Windows, where does X enter into it?
I can certainly run two instances of Quake 3 side-by-side, or above one another, for instance.
Can you give each one keyboard focus for one keyboard and restrict a mouse from moving accidentally from one window to another? And is there a wizard for that? Can the popular distributions (Mandrake, SuSE, Debian, and that popular one that I can't mention legally) auto-configure a multi-keyboard, multi-mouse gaming setup in such a way that makes sense to a home user with a median amount of PC configuration experience?
Watch me whip you with a mouse & keyboard.
You still didn't address the 2 players on one machine issue that I brought up.
I have only one 3D-accelerated PC in my home; the other machines are either Macs, 486es, or laptops. Does the Half-Life engine support more than one keyboard or more than one mouse on one machine? Does it support split-screen? If not, you'll need to bring your own PC, and I don't think your significant other or your children would want to give up the PC that long.
If Microsoft released an Xbox2 that could run the same games as your Loghorn Windows PC, and Vice Versa
If the Xbox 2 could run vanilla Windows software, then anybody could homebrew for it. Microsoft doesn't want that, seeing as how it spreads the cost of developing the Xbox OS among the prices of the licensed games.
Why not just buy Quake 64, or Quake II?
Because Goldeneye kicks both of those N64 ports' sorry arses to AOHell and back?
Q3A on DC is decent though.
Now I assume it wouldn't be to hard to implement a 'virtual cd drive' for the PC where CD images could be loaded.
Mounting an ISO via loopback has been done, but it possibly violates the DMCA.
But they will market "GAMING!!" and everyone will buy it.
And then Nintendo will market "GAMING WITHOUT SPYWARE ON A BIG T.V. SCREEN WITH YOUR FAVORITE MIYAMOTO CHARACTERS!" and everybody will buy the GC2.
If you like 3d racing games, why would you play the Sims?
No. I'd fire up my N64 and play F-Zero X.