The last two sentences of the article have nothing to do with the main point of the story, which is defendant's attack on the insufficiency of the RIAA's boilerplate complaint, which is the first such attack of which I am aware since the Interscope decision was handed down. Those last two sentences are merely background to give you a point of reference to which of the RIAA's 30,000 cases this happens to be.
I think the reason people here are focusing on that is because they agree with the rest of the reasoning.
The next to last sentence describes a lie the RIAA told last year in this case to the Judge -- that, too, has nothing to do with the sufficiency of the RIAA's complaint, but none of you have singled that out or suggested that the article emphasizes that.
I would think that actually could have a legal effect though; if you can show they intentionally lied to the judge, couldn't you just move to have the pleadings struck?
So say we up the ante by passing a law which says that unjustified tazings are no different than unjustified shootings, with the same penalties. Unfortunately, that's not going to work. If the cop knows that he'll be equally punished for tazing vs. shooting, he's probably going to select the more lethal alternative.
I think the best way to do it is make a law where if a police officer tases someone, then they have to get hit with the same taser at the same setting afterwards--even if they used it completely appropriately.
Guarantee that will cut down significantly on the tasing.
Requirements include 'Must be a U.S. citizen between 5-foot-2 and 6-foot-3 in height (to squeeze into Russia's three-passenger Soyuz capsule)' 'At least a bachelor's degree in engineering, a biological or physical science, or mathematics' 'three years of relevant professional experience' and most interestingly 'Vision correctable to 20/20.
Hey, I'm a U.S. citizen! Maybe they'll waive all the other requirements for me.
Me neither, especially considering that's all the frothy-mouthed zealots tell you to do when you criticize the kernel developers.
Linux user: I like Linux but I think the kernel should incorporate feature X.
Linux zealot: If you don't like it, fork the kernel!
Linux user: I think the kernel developers aren't open enough to contributions.
Linux zealot: If you don't like it, fork the kernel!
Linux user: I think the kernel is too focused on big iron.
Linux zealot: If you don't like it, fork the kernel!
Linux user: Ok, I guess I'll fork the kernel then.
Linux zealot: OMG YOU CAN'T FORK THE KERNEL!!!
A charge of resisting by itself won't stand (what was I being arrest for? == instant dismissal)
877.03 Breach of the peace; disorderly conduct.--Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
I have the $20 royalty check for my plus 130,000 sold albums. McCartney is not a normal musician and I do nto abide by slashdot wisdom bunkie. been there, but I could not AFFORD the teeshirt. -nuff said.
Then you had an especially lousy contract. I wouldn't extrapolate your experience to the entire industry.
All your uber stars get nothing more then a screw job for the recordings which is why they go on tour.
Paul McCartney is worth $1.5 billion. Believe me, that's not just from tours. I know it's the commonly accepted wisdom on slashdot, but it's just not true.
Maybe they get screwed the first or second album, but the more successful an artist becomes the more bargaining power they get and the more legal representation they can afford.
Seriously, why would you want to buy a Mac if you can have Ubuntu, apart from Adobe/Macromedia products? Lower price, UI looks as funky (if not funkier), more available software, albeit most of it is OSS or free.
Out-of-the-box legal DVD playing, an actual selection of working games and other commonly used software, and far superior multimedia. The UI is a hell of a lot better looking and more polished than Ubuntu; the fact that Apple has professional graphics designers working for them shows up in everything, while Ubuntu (which I use and like a lot) always has a sort of low-rent look to it, like all OSS interfaces.
However, other than the bare conclusory statement that on "information and belief" Defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works
Speaking as a lawyer who has used that term in complaints: anytime you see the words "upon information and belief", that means "ummm...theoretically this might have maybe could have happened".
The game companies that thought it would fail and weren't prepared for its success.
Based on Nintendo's track record, it wasn't an especially unreasonable assumption. Keep in mind that Nintendo's philosophy behind the Wii (appeal to families and non-hardcore-gamers) is just what they did for the Gamecube and Nintendo 64, and both of those systems had relatively mediocre sales performance.
They can use force if they catch you shoplifting. Refusing to show your receipt does not constitute shoplifting.
Heinlein was not exactly a literary genius, but he wrote a good yarn
"Yarn"? What is this, 1925? Please tell me you're older than 75.
The last two sentences of the article have nothing to do with the main point of the story, which is defendant's attack on the insufficiency of the RIAA's boilerplate complaint, which is the first such attack of which I am aware since the Interscope decision was handed down. Those last two sentences are merely background to give you a point of reference to which of the RIAA's 30,000 cases this happens to be.
I think the reason people here are focusing on that is because they agree with the rest of the reasoning.
The next to last sentence describes a lie the RIAA told last year in this case to the Judge -- that, too, has nothing to do with the sufficiency of the RIAA's complaint, but none of you have singled that out or suggested that the article emphasizes that.
I would think that actually could have a legal effect though; if you can show they intentionally lied to the judge, couldn't you just move to have the pleadings struck?
I once had a screener (really contemptuously) ask me "so, you like science fiction".
So say we up the ante by passing a law which says that unjustified tazings are no different than unjustified shootings, with the same penalties. Unfortunately, that's not going to work. If the cop knows that he'll be equally punished for tazing vs. shooting, he's probably going to select the more lethal alternative.
I think the best way to do it is make a law where if a police officer tases someone, then they have to get hit with the same taser at the same setting afterwards--even if they used it completely appropriately.
Guarantee that will cut down significantly on the tasing.
Can we stop being so f'ing pedantic every time a story mentions Moore's Law?
No, because that would be breaking Slashdot's Law.
Requirements include 'Must be a U.S. citizen between 5-foot-2 and 6-foot-3 in height (to squeeze into Russia's three-passenger Soyuz capsule)' 'At least a bachelor's degree in engineering, a biological or physical science, or mathematics' 'three years of relevant professional experience' and most interestingly 'Vision correctable to 20/20.
Hey, I'm a U.S. citizen! Maybe they'll waive all the other requirements for me.
And I want to visit worlds where girls who wouldn't date me at home are instead suddenly nyphomaniacs
That still doesn't mean they'll date you.
Do you understand the appeal of watching other people play sports?
Not really.
Can someone explain to me the appeal of watching other people play video games? I just don't get it.
I fail to see the part of law where he's guaranteed to have a business model that works no matter what may compete with him.
I fail to see where he's claiming that he's guaranteed one. All he's describing in the bankruptcy filing is why SCO failed.
I can not see why is it a stupid idea.
Me neither, especially considering that's all the frothy-mouthed zealots tell you to do when you criticize the kernel developers.
Linux user: I like Linux but I think the kernel should incorporate feature X.
Linux zealot: If you don't like it, fork the kernel!
Linux user: I think the kernel developers aren't open enough to contributions.
Linux zealot: If you don't like it, fork the kernel!
Linux user: I think the kernel is too focused on big iron.
Linux zealot: If you don't like it, fork the kernel!
Linux user: Ok, I guess I'll fork the kernel then.
Linux zealot: OMG YOU CAN'T FORK THE KERNEL!!!
A charge of resisting by itself won't stand (what was I being arrest for? == instant dismissal)
877.03 Breach of the peace; disorderly conduct.--Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Seriously, what about the other half? Do they have some sort of personal reality distortion field?
If the paychecks keep clearing, it seems like they'd have a pretty sensible view of the issue.
I have the $20 royalty check for my plus 130,000 sold albums. McCartney is not a normal musician and I do nto abide by slashdot wisdom bunkie. been there, but I could not AFFORD the teeshirt. -nuff said.
Then you had an especially lousy contract. I wouldn't extrapolate your experience to the entire industry.
Can you please cite the judicial order or legislative ruling that establishes copyright infringement as equivalent to theft?
How about...
The No Electronic Theft Act?
All your uber stars get nothing more then a screw job for the recordings which is why they go on tour.
Paul McCartney is worth $1.5 billion. Believe me, that's not just from tours. I know it's the commonly accepted wisdom on slashdot, but it's just not true.
Maybe they get screwed the first or second album, but the more successful an artist becomes the more bargaining power they get and the more legal representation they can afford.
More Windows games work under Wine than you can buy for a Macintosh.
The number of games that work perfectly under Wine is dwarfed by the number of native Mac games. Wine is seriously overrated.
Infinite growth?? Very impressive!
Seriously, why would you want to buy a Mac if you can have Ubuntu, apart from Adobe/Macromedia products? Lower price, UI looks as funky (if not funkier), more available software, albeit most of it is OSS or free.
Out-of-the-box legal DVD playing, an actual selection of working games and other commonly used software, and far superior multimedia. The UI is a hell of a lot better looking and more polished than Ubuntu; the fact that Apple has professional graphics designers working for them shows up in everything, while Ubuntu (which I use and like a lot) always has a sort of low-rent look to it, like all OSS interfaces.
or accuzing people of having sex with conference organisers to sway them
Damn, I have to start organizing more conferences...
However, other than the bare conclusory statement that on "information and belief" Defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works
Speaking as a lawyer who has used that term in complaints: anytime you see the words "upon information and belief", that means "ummm...theoretically this might have maybe could have happened".
The game companies that thought it would fail and weren't prepared for its success.
Based on Nintendo's track record, it wasn't an especially unreasonable assumption. Keep in mind that Nintendo's philosophy behind the Wii (appeal to families and non-hardcore-gamers) is just what they did for the Gamecube and Nintendo 64, and both of those systems had relatively mediocre sales performance.
On the other hand, I find it QUITE surprising that the Wii can so handily outsell the 360
The summary says it's 8.9 million xboxes to 9 million wiis, I don't see how that counts as "handily" outselling.
And if you'd went just by the comments you read on slashdot video game stories, you'd think the wii was outselling the xbox 360 a hundred to one.
If I had just sunk some change into Shadowrun I'd be rather pissed right now.
You know, if the company goes out of business that doesn't mean the game isn't playable...