In a civil suit in the United States, when facts are at issue and more than twenty dollars are at stake, it would appear that either side has the Seventh Amendment right to demand a more expensive jury trial. However, judges do hand down summary judgments when no material facts are at issue.
Depending on where you live different data centers return different results. Over time the results are suppose to even out
It should even out over time within a given country, but from jurisdiction to jurisdiction, it doesn't. Many countries censor derivatives of works of long-dead authors. Other countries censor works that harshly criticize their governments.
I said "statutory damages." Actual damages apply even if the copyright owner waits until the day before filing suit to register the copyright, but according to 17 USC 412, statutory damages (the commonly quoted $150,000 figure) apply only if the copyright was registered early.
Now stop and think about what computing would be like if Quick Sort was patented.
Easy. C's qsort() would heapsort instead, as it in fact does on some C library implementations such as Metrowerks CodeWarrior's. If heapsort were patented as well, qsort() would merge-sort on large-memory machines and Shell sort on small-memory machines. If more of the efficient sort algorithms were patented, programs would be designed to manipulate data in search trees instead of arrays. There exist several sorting algorithms; unlike patented file formats such as GIF and MP3, these have minimal to no interoperability disadvantages. You're going to need a broader example than that.
Also, I've gotten more telemarketing calls from AT&T than any other company, despite the fact that I've asked to be removed from their lists many times.
A company that telemarkets doesn't have to remove or respect the No-Call List with respect to customers with which it has an existing business relationship.
BTW, mail fraud is a serious federal offense. If only fraud via email were prosecuted as aggressively.
The U.S. government can pursue mail fraud because it has explicit authority (that is, authority not implied by stretching the commerce clause) over "post offices and post roads." It can afford to pursue mail fraud using the rents from its monopoly on first-class mail.
And any text you want to claim copyright on, just publish it
True, but in order to get statutory damages out of an infringer, the author has to register the copyright either within three months of first publication or before infringement happens.
I love DDR. I fully agree with the one school that made it an option for phys ed class.
Except then, how would parents react to PE teachers who give the students DDR homework? "For the final exam, learn to pass 'Max 300' on heavy." ("Max 300" is one of the fastest, most difficult songs in the game, requiring the player to take 573 steps in a minute and a half.)
The Windows version runs fine; why write a native one?
If major proprietary app vendors make WINE a supported platform for which their apps are QA'd and tech-supported on an equal basis with Microsoft Windows, then Win32 will be just another framework for Linux apps (others being Gtk+, Qt, and whatever those lighter weight WMs run), and the free software community will have broken the applications barrier to entry that Judge Jackson mentioned. How exactly did OS/2's Windows application compatibility lead to its demise?
The problem is that even if one version of a proprietary Win32 program runs well under WINE, the next version of the same program may break under WINE because the program's publisher's QA department uses only Microsoft brand implementations of Win32 API. Forced upgrades to the next version are fact of life in enterprise software licensing.
TrollTech is also vulnerable to takeover by companies hostile to Free software
So what? If Troll Tech or its successor discontinues Qt Free Edition, the last published version remains QPL/GPL licensed. In fact, there is an agreement in place that makes it BSD licensed under these specific conditions.
You can in theory get started developing DXVT even without Microsoft Visual $1000. The free MinGW port of GCC is enough to get DirectDraw running, and there exist some nice DirectDraw wrappers such as the Allegro library.
In practice, "up to the courts" often means "up to whichever party has more money to filibuster the proceedings and run up the other party's attorney bill." How can a songwriter protect himself?
Yes, but the owners can start a class action against the OS vendor.
I thought that when signing the sales slip for the computer with a pre-installed proprietary operating system, the computer owners WAIVED, RENOUNCED, AND GAVE UP THEIR RIGHTS TO SUE THE OS VENDOR, IN ALL CAPITAL LETTERS IN THE EULA.
our increasing reliance on a system (the internet) that is inherently insecure and vulnerable to any number of exploits
Can "The Internet" itself really be called "secure" or "insecure"? "The Internet" covers only up to layer 3 (routing) of the OSI model; anything on top of that is an application. Layer 1 is the domain of cables, layer 2 that of interface cards and switches, and layer 3 that of routers. Everything from level 4 on up happens in the hosts. (TCP sits in layer 4 and 5, apps sit in layers 6 and 7, and the whole concept of SOAP just standardizes layer 6.) I can't see any significant vulnerabilities in layer 3 and below other than denial of service by bandwidth consumption or by physical interruption of a connection. However, I can see vulnerabilities in the various layer 4-7 applications used by hosts connected to the Internet, but to avoid confusion, it's best to call these "Apache vulnerabilities" or "IIS vulnerabilities" rather than "Internet vulnerabilities."
In a civil suit in the United States, when facts are at issue and more than twenty dollars are at stake, it would appear that either side has the Seventh Amendment right to demand a more expensive jury trial. However, judges do hand down summary judgments when no material facts are at issue.
[Google Adwords] are paid placements. So Google isn't lily white pure!
Those paid placements are clearly marked in a pastel color. The part of the result page with a lily white background is still lily white pure, no?
Depending on where you live different data centers return different results. Over time the results are suppose to even out
It should even out over time within a given country, but from jurisdiction to jurisdiction, it doesn't. Many countries censor derivatives of works of long-dead authors. Other countries censor works that harshly criticize their governments.
I said "statutory damages." Actual damages apply even if the copyright owner waits until the day before filing suit to register the copyright, but according to 17 USC 412, statutory damages (the commonly quoted $150,000 figure) apply only if the copyright was registered early.
Now stop and think about what computing would be like if Quick Sort was patented.
Easy. C's qsort() would heapsort instead, as it in fact does on some C library implementations such as Metrowerks CodeWarrior's. If heapsort were patented as well, qsort() would merge-sort on large-memory machines and Shell sort on small-memory machines. If more of the efficient sort algorithms were patented, programs would be designed to manipulate data in search trees instead of arrays. There exist several sorting algorithms; unlike patented file formats such as GIF and MP3, these have minimal to no interoperability disadvantages. You're going to need a broader example than that.
Also, I've gotten more telemarketing calls from AT&T than any other company, despite the fact that I've asked to be removed from their lists many times.
A company that telemarkets doesn't have to remove or respect the No-Call List with respect to customers with which it has an existing business relationship.
BTW, mail fraud is a serious federal offense. If only fraud via email were prosecuted as aggressively.
The U.S. government can pursue mail fraud because it has explicit authority (that is, authority not implied by stretching the commerce clause) over "post offices and post roads." It can afford to pursue mail fraud using the rents from its monopoly on first-class mail.
And any text you want to claim copyright on, just publish it
True, but in order to get statutory damages out of an infringer, the author has to register the copyright either within three months of first publication or before infringement happens.
I love DDR. I fully agree with the one school that made it an option for phys ed class.
Except then, how would parents react to PE teachers who give the students DDR homework? "For the final exam, learn to pass 'Max 300' on heavy." ("Max 300" is one of the fastest, most difficult songs in the game, requiring the player to take 573 steps in a minute and a half.)
Not only does it encourage isolation, but it discourages them from healthy activity (you know, riding your bike, sports)
How is dancing not "healthy activity"?
The Windows version runs fine; why write a native one?
If major proprietary app vendors make WINE a supported platform for which their apps are QA'd and tech-supported on an equal basis with Microsoft Windows, then Win32 will be just another framework for Linux apps (others being Gtk+, Qt, and whatever those lighter weight WMs run), and the free software community will have broken the applications barrier to entry that Judge Jackson mentioned. How exactly did OS/2's Windows application compatibility lead to its demise?
drop one update every 11 months and you can retard KDE for years.
In that case, watch KDE developers fork Qt.
My big point is with IBM, they still can't even port Lotus Notes to linux.
IBM didn't have to. The WINE team did.
Drivers in Linux don't need to be installed
Then what is insmod(8)?
If it works and works well, what's the problem?
The problem is that even if one version of a proprietary Win32 program runs well under WINE, the next version of the same program may break under WINE because the program's publisher's QA department uses only Microsoft brand implementations of Win32 API. Forced upgrades to the next version are fact of life in enterprise software licensing.
TrollTech is also vulnerable to takeover by companies hostile to Free software
So what? If Troll Tech or its successor discontinues Qt Free Edition, the last published version remains QPL/GPL licensed. In fact, there is an agreement in place that makes it BSD licensed under these specific conditions.
At $0.05 a call
This may be true outside North America, but in the United States, both local calls and local minutes are unmetered. Some U.S. phone companies even provide unmetered domestic local, regional, and long distance calls and minutes for a flat fee.
You can in theory get started developing DXVT even without Microsoft Visual $1000. The free MinGW port of GCC is enough to get DirectDraw running, and there exist some nice DirectDraw wrappers such as the Allegro library.
Local telephone calls are unmetered in the United States.
I *really* like the shell on a framebuffer console.
Then perhaps it's time for somebody to write "dxvt", or "DirectX Video Terminal", a terminal emulator that runs in a fullscreen DirectDraw session.
It's all up to the courts, I suppose.
In practice, "up to the courts" often means "up to whichever party has more money to filibuster the proceedings and run up the other party's attorney bill." How can a songwriter protect himself?
In this case, the price tag would be relevant, IMHO.
According to 17 USC 504, a judge can still award statutory damages of up to $30,000 in a case of infringement that is shown not to be willful.
Hey, maybe I found a use for Petabyte Hard disks, the hardware never deletes anything ever, under any circumstances.
In other words, WORM (write once read many). Why not just log to CD-R all changes committed to personal information in government databases?
Yes, but the owners can start a class action against the OS vendor.
I thought that when signing the sales slip for the computer with a pre-installed proprietary operating system, the computer owners WAIVED, RENOUNCED, AND GAVE UP THEIR RIGHTS TO SUE THE OS VENDOR, IN ALL CAPITAL LETTERS IN THE EULA.
our increasing reliance on a system (the internet) that is inherently insecure and vulnerable to any number of exploits
Can "The Internet" itself really be called "secure" or "insecure"? "The Internet" covers only up to layer 3 (routing) of the OSI model; anything on top of that is an application. Layer 1 is the domain of cables, layer 2 that of interface cards and switches, and layer 3 that of routers. Everything from level 4 on up happens in the hosts. (TCP sits in layer 4 and 5, apps sit in layers 6 and 7, and the whole concept of SOAP just standardizes layer 6.) I can't see any significant vulnerabilities in layer 3 and below other than denial of service by bandwidth consumption or by physical interruption of a connection. However, I can see vulnerabilities in the various layer 4-7 applications used by hosts connected to the Internet, but to avoid confusion, it's best to call these "Apache vulnerabilities" or "IIS vulnerabilities" rather than "Internet vulnerabilities."