Let me be clear. The judge did the EFF a favor by laying out the points that they need to make in the trial that they either (a) did not make at the TRO or (b) made badly at the TRO or (c) did not get a chance to make. If you can't read between the lines of the decision and see how he has helped the defense, I'm not going to do it for you.
You also assume that he is prejudiced against the defendants. I assure you he is not. The defendants have to make a case and the TRO is not the place to make the fine legal points that they need to make. But his plain reading of the law is what is appropriate at this stage of the case.
Furthermore, if this judge is technically informed, it works in our favor. The EFF will likely have to make the case that a DVD movie is a computer program for a special kind of computer -- a DVD player -- in order to take advantage of the reverse engineering exemption. The judge's ruling makes this clear. It is much better for the defense to know that now rather than later.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
The friend that I mentioned also said that the EFF attorney's made a big mistake in trying to introduce expert testimony in the TRO hearing. These things are supposed to be brief and they are not a mini trial. Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Maybe you've noticed all the images popping up on slashdot lately. Well, it's an easy bug to exploit, I've tested it on a hidden thread (and on my user page, it's nice to have a picture).
Actually, I haven't noticed the images. Not on your home page or private thread wither. Care to explain?
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
I'm fairly certain that this judge's idiotic decision will be promptly overturned.
There's absolutely no basis to challange this decision on appeal. This is just a preliminary ruling. One based on no evidence from the defense. The defense will have an opportunity to present a case with evidence and withnesses.
Furthermore, the EFF has been given a big whack with the cluestick on where to take this case. In reading the judgement, there is definately room to convince this judge of the merits of our case.
A friend of mine who works for the Federal Court system tells me that Judge Kaplan is one of the technically savvy judges in the district. Furthermore, he also tends toward the little guy.
Don't get me wrong, but there is enough wiggle room in this decision for the EFF to put up a good defense and get it past this Judge. If necessary, there is time later to discuss these same issues again in appeal.
This case will be heard.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
This was only a preliminary hearing. Anything in the decision that says "the defendants presented no evidence." means that if proper evidence is presented, the point might go the other way.
There will be a trial and the defendants will have an opportunity to present their evidence.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Oh, man! A scientific opportunity lost! If you had only picked up your spectrometer, you could have made the measurements necessary to prove or disprove this theory. You could have been the youngest person to win the Nobel Prize. Too bad.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
If the scientists couldn't verify their hypothesis by actually making ball lightning, it makes me believe that they are too enamored of their own ideas to give them up.
Never let the facts get in the way of a good theory. Anomalous: inconsistent with or deviating from what is usual, normal, or expected
After all it seams to be running 7 years behind of it's proper time and Christ was apparently born in 7BC.
Actually, no one knows when Christ was born. The usual dating of between 4-6 BCE depends on two pieces of information: When did Herod die and how long before the death of Herod was Christ born.
All of this presupposes the historical accuracy of the story of the Holy Innocents in the Gospel of Matthew which was probably written at least 50 years after these events. I've read of more recent dates (1-3 BCE) that come from new scholarship on the death of Herod, but I've never heard of a date as early as 7 BCE.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
CERT actually recommends in their notice that users disable all scripting in their browsers!
And I've been doing it for years. Some (few) sites are unusable. I either do not use them (often) or turn Javascript on, use them, and turn it back off. My bank's web banking site is one of the few where I will actually go to the trouble of turning on JS just to use it and even then I don't do it often because it is a hassle.
Frankly, the web isn't much different without scripting.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Is the Jovian radiation even necessary to provide energy for life on Europa? Wouldn't the ambient heat of the ocean water be enough, especially near the ocean floor, where the chemistry and geology would get most interesting?
Without some external source of energy, Europa would have frozen solid long ago. The external source prior to Gallileo was thought to be tidal stresses in the crust -- the same source that powers Io's vulcanism. The radiation readings, while also providing indirect evidence for liquid water on Europa, also provides a means to excite the chemicals likely present in the water to unusual forms that might tend to create "organic" substances. Anomalous: inconsistent with or deviating from what is usual, normal, or expected
A "right to reengineer" is implicit in the "fair use" doctrine of copyright law. Fair Use arose in court decisions outlining the rights that a purchaser of copywighted materials has. These rights include the right to learn from the material and to create independant expressions containing ideas contained in the copyrighted work. This principle is sometimes summarized as "Copyright protests an expression of an idea, not the content of an idea." It is fundamental to copyright. Anomalous: inconsistent with or deviating from what is usual, normal, or expected
The case ProCD v. Zeidenberg established the validity of "shrinkwrap" licenses (at least in the 7th Circuit). Several points about the appeals decision are interesting.
Contract terms which are unconscionable are unenforcable:
Shrinkwrap licensesare enforceable unless their terms are objectionable on grounds applicable to contracts in general (for example, if they violate a rule of positive law, or if they are unconscionable). Because no one argues that the terms of the license at issue here are troublesome, we remand with instructions to enter judgment for the plaintiff.
Prohibitions against reverse engineering may be enforcable:
To the extent licenses facilitate distribution of object code while concealing the source code (the point of a clause forbidding disassembly), they serve the same procompetitive functions as does the law of trade secrets. Rockwell Graphic Systems, Inc. v. DEV Industries, Inc., 925 F.2d 174, 180 (7th Cir. 1991). Licenses may have other benefits for consumers: many licenses permit users to make extra copies, to use the software on multiple computers, even to incorporate the software into the user's products. But whether a particular license is generous or restrictive, a simple two-party contract is not "equivalent to any of the exclusive rights within the general scope of copyright" and therefore may be enforced.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
You're absolutely right in your vision. It's unfortunately the first reply can't appreciate or understand your vision.
I have several computers. The one that I choose to spend most of my time with is a 2 lb. laptop with cell modem. I carry it everywhere and read and write email and load web pages from diners, on commuter trains (but not the NYC Subway) and at home in my easy chair. I have a P6 desktop with a 19" monitor, but it is tied to the desk like a boat anchor.
I want that Transmeta Web Pad.
/me drools. Anomalous: inconsistent with or deviating from what is usual, normal, or expected
S&D is an explanation for the market price in a free market with complete information and rational consumers. What Dell has is an asking price and we'll see how many takers they get at that price. If it is seen as not having sufficient value in relation to other alternatives (no OS and install yourself) they will get few takers. Since the "market" is new, no one knows what kind of a relationship between Linux prices and MS prices the market will bear.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
If, on the other hand, you are making a simpler way to shop online (i.e. one click shopping). Assuming that Amazon's patent would hold in court, you can't recreate it in any way unless you can show that what you have done is really different to what is patented.
Zero-click shopping! (Patent Pending) I charge you just for visiting my website! With that huge doubleclick.net address and credit card database, I've not no problem finding out where to send the merchandise and which credit card to bill!
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Will we see Code Morphing Viruses? (ie. viruses written either to attack the Code morphing software, or else, which attempt to either alter the code morphing software, or else run their own code directly against the processor in an attempt to circumvent the Code Morphing layer?)
According to the Transmeta presentation, no. The code morphing will be loaded (from ROM?) at boot time and will not be accessible after that. Native Crusoe code only interprets the instruction sets it's been programmed to emulate. You can't stuff it native Crusoe code.
Hmmm, will native Crusoe code be called Friday?
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
How would duplicating a DVD with a bit-for-bit recorder be demonstrating piracy? It's true that all piracy requires copying. But not all copying is piracy.
That is a subtlety lost on most people.
Can't you imagine the headlines: Hackers Demonstrate Piracy in Court. Belive me, we don't need that kind of publicity. Anomalous: inconsistent with or deviating from what is usual, normal, or expected
I have read all of the available posts to the livid-dev list from September through to today. DeCSS was released on Windows first because that's where it was released first. There was code contributed from a number of people and not just the ones you hear about in the news. First the CSS hash function was posted anonymously. Then people started concentrating on finding a key or keys. Independantly, there was progress on a number of fronts.
The Windows version of DeCSS is what should die because it's not needed any more. A lot of stuff that is being mirrored as DeCSS is actually css-auth.
I went through a phase of correcting overly broad statements. I got tired of typing the same things over and over again, but the message eventually got through. There are people who misunderstand and misrepresent, but usually not intentionally.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Slashdot Mirror
All that plus:
11. touch screen w/ keyboard app. Keyboards won't go away.
12. Wide screen. Legal size paper is 8.5x14. It's not 16:9 but it might do.
13. 4 more hours of battery life. Some days I work more than 8 hours and the train ride home adds 2 hours anyway. But keep it under 2 pounds.
14. Did you say fast wireless networking? I've got a cell modem that works on the train, but 14.4 kbps is just lame.
If you can do all of that, you might as well cure all disease and give us whirled peas.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Heh, They must have thought that LWE was a swap meet.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Let me be clear. The judge did the EFF a favor by laying out the points that they need to make in the trial that they either (a) did not make at the TRO or (b) made badly at the TRO or (c) did not get a chance to make. If you can't read between the lines of the decision and see how he has helped the defense, I'm not going to do it for you.
You also assume that he is prejudiced against the defendants. I assure you he is not. The defendants have to make a case and the TRO is not the place to make the fine legal points that they need to make. But his plain reading of the law is what is appropriate at this stage of the case.
Furthermore, if this judge is technically informed, it works in our favor. The EFF will likely have to make the case that a DVD movie is a computer program for a special kind of computer -- a DVD player -- in order to take advantage of the reverse engineering exemption. The judge's ruling makes this clear. It is much better for the defense to know that now rather than later.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
The friend that I mentioned also said that the EFF attorney's made a big mistake in trying to introduce expert testimony in the TRO hearing. These things are supposed to be brief and they are not a mini trial.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Maybe you've noticed all the images popping up on slashdot lately. Well, it's an easy bug to exploit, I've tested it on a hidden thread (and on my user page, it's nice to have a picture).
Actually, I haven't noticed the images. Not on your home page or private thread wither. Care to explain?
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Actually, the DMCA specifically states that it is not intended to eliminate anyone's Fair Use rights.
I won't say how the EFF should lay out it's case here in an open forum, but when you see it, you'll see that it works.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
I'm fairly certain that this judge's idiotic decision will be promptly overturned.
There's absolutely no basis to challange this decision on appeal. This is just a preliminary ruling. One based on no evidence from the defense. The defense will have an opportunity to present a case with evidence and withnesses.
Furthermore, the EFF has been given a big whack with the cluestick on where to take this case. In reading the judgement, there is definately room to convince this judge of the merits of our case.
A friend of mine who works for the Federal Court system tells me that Judge Kaplan is one of the technically savvy judges in the district. Furthermore, he also tends toward the little guy.
Don't get me wrong, but there is enough wiggle room in this decision for the EFF to put up a good defense and get it past this Judge. If necessary, there is time later to discuss these same issues again in appeal.
This case will be heard.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
This was only a preliminary hearing. Anything in the decision that says "the defendants presented no evidence." means that if proper evidence is presented, the point might go the other way.
There will be a trial and the defendants will have an opportunity to present their evidence.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Oh, man! A scientific opportunity lost! If you had only picked up your spectrometer, you could have made the measurements necessary to prove or disprove this theory. You could have been the youngest person to win the Nobel Prize. Too bad.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
If the scientists couldn't verify their hypothesis by actually making ball lightning, it makes me believe that they are too enamored of their own ideas to give them up.
Never let the facts get in the way of a good theory.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
I'm not really sure why this is news... I'm not trying to be negative, but I'm acutally looking for answers:
It's just a lemma to the proposition that every number has some (obscure) item of interest.
Now there was a proof on sci.math to the contrary: i.e. all positive integers are boring.
Indirect Proof: Assume that there are interesting positive integers.
Let n be the lowest such interesting positive integer.
Who cares?!?
This contradicts the assumption, therefore all positive integers are boring. QED.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
After all it seams to be running 7 years behind of it's proper time and Christ was apparently born in 7BC.
Actually, no one knows when Christ was born. The usual dating of between 4-6 BCE depends on two pieces of information: When did Herod die and how long before the death of Herod was Christ born.
All of this presupposes the historical accuracy of the story of the Holy Innocents in the Gospel of Matthew which was probably written at least 50 years after these events. I've read of more recent dates (1-3 BCE) that come from new scholarship on the death of Herod, but I've never heard of a date as early as 7 BCE.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
CERT actually recommends in their notice that users disable all scripting in their browsers!
And I've been doing it for years. Some (few) sites are unusable. I either do not use them (often) or turn Javascript on, use them, and turn it back off. My bank's web banking site is one of the few where I will actually go to the trouble of turning on JS just to use it and even then I don't do it often because it is a hassle.
Frankly, the web isn't much different without scripting.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
My browser is configured not to run Javascript, so clicking your link does nothing here.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Is the Jovian radiation even necessary to provide energy for life on Europa? Wouldn't the ambient heat of the ocean water be enough, especially near the ocean floor, where the chemistry and geology would get most interesting?
Without some external source of energy, Europa would have frozen solid long ago. The external source prior to Gallileo was thought to be tidal stresses in the crust -- the same source that powers Io's vulcanism. The radiation readings, while also providing indirect evidence for liquid water on Europa, also provides a means to excite the chemicals likely present in the water to unusual forms that might tend to create "organic" substances.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
A "right to reengineer" is implicit in the "fair use" doctrine of copyright law. Fair Use arose in court decisions outlining the rights that a purchaser of copywighted materials has. These rights include the right to learn from the material and to create independant expressions containing ideas contained in the copyrighted work. This principle is sometimes summarized as "Copyright protests an expression of an idea, not the content of an idea." It is fundamental to copyright.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
The case ProCD v. Zeidenberg established the validity of "shrinkwrap" licenses (at least in the 7th Circuit). Several points about the appeals decision are interesting.
Contract terms which are unconscionable are unenforcable:
Prohibitions against reverse engineering may be enforcable:
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
You're absolutely right in your vision. It's unfortunately the first reply can't appreciate or understand your vision.
I have several computers. The one that I choose to spend most of my time with is a 2 lb. laptop with cell modem. I carry it everywhere and read and write email and load web pages from diners, on commuter trains (but not the NYC Subway) and at home in my easy chair. I have a P6 desktop with a 19" monitor, but it is tied to the desk like a boat anchor.
I want that Transmeta Web Pad.
/me drools.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
S&D is an explanation for the market price in a free market with complete information and rational consumers. What Dell has is an asking price and we'll see how many takers they get at that price. If it is seen as not having sufficient value in relation to other alternatives (no OS and install yourself) they will get few takers. Since the "market" is new, no one knows what kind of a relationship between Linux prices and MS prices the market will bear.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
<IMG SRC="/images/muench/scream.png">
Anyone for a trip through Microsoft's SOul Sucking Booth"?
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
If, on the other hand, you are making a simpler way to shop online (i.e. one click shopping). Assuming that Amazon's patent would hold in court, you can't recreate it in any way unless you can show that what you have done is really different to what is patented.
Zero-click shopping! (Patent Pending) I charge you just for visiting my website! With that huge doubleclick.net address and credit card database, I've not no problem finding out where to send the merchandise and which credit card to bill!
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Will we see Code Morphing Viruses? (ie. viruses written either to attack the Code morphing software, or else, which attempt to either alter the code morphing software, or else run their own code directly against the processor in an attempt to circumvent the Code Morphing layer?)
According to the Transmeta presentation, no. The code morphing will be loaded (from ROM?) at boot time and will not be accessible after that. Native Crusoe code only interprets the instruction sets it's been programmed to emulate. You can't stuff it native Crusoe code.
Hmmm, will native Crusoe code be called Friday?
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
Considering that you face criminal charges, shouldn't you be concerned that any statements you make here may be used against you at trial?
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
How would duplicating a DVD with a bit-for-bit recorder be demonstrating piracy? It's true that all piracy requires copying. But not all copying is piracy.
That is a subtlety lost on most people.
Can't you imagine the headlines: Hackers Demonstrate Piracy in Court. Belive me, we don't need that kind of publicity.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected
I have read all of the available posts to the livid-dev list from September through to today. DeCSS was released on Windows first because that's where it was released first. There was code contributed from a number of people and not just the ones you hear about in the news. First the CSS hash function was posted anonymously. Then people started concentrating on finding a key or keys. Independantly, there was progress on a number of fronts.
The Windows version of DeCSS is what should die because it's not needed any more. A lot of stuff that is being mirrored as DeCSS is actually css-auth.
I went through a phase of correcting overly broad statements. I got tired of typing the same things over and over again, but the message eventually got through. There are people who misunderstand and misrepresent, but usually not intentionally.
Anomalous: inconsistent with or deviating from what is usual, normal, or expected