When I get the SPAM for the software to make unlimited copies of DVDs so I never have to pay for a DVD again, I forward it to hotline@mpaa.org. See if the MPAA is really after piracy, or just to scaare people.
The interview seems rational. I was at his debate with Valenti, and his position has stayed constant -- limit the term and reach of copyright. Valenti tried to paint LL's position similar to RMS, "no protection allow everything to be copied."
The studios/establishment wants absolute protection for ever. Lessig is saying, not forever, but for long enough to make a good return, but not too far to prevent commentary, satire, critism, and other fair use during the limited period.
I paid for software that I could not use. I still have not got my refund from Microsoft for the garbage they forced on my system.
They should have to pay the people who lost money, not be allowed to give it to people not effected. If I run into your car and damage it, do I get to give my girlfriend a spare computer instead of paying to fix the harm I did to you?
Of course Microsoft says that the settlement would cost them lots of money, but it would be retail including retail price of software...not actual cost to them.
But, even so, it gets MS products infront of children -- advertising???
The issue then becomes the area of business and the issue of confusion.
When looking at the issue of confusion, the sophistication of the customer base. The customer base of Unicom System Inc is dealing with mainframe systems are unlikely to send a check to Chip by mistake.I doubt that someone intending to by a Ford Ranger, would buy a Ford Model, Jackie Yust by accident.
Criminal law is a completely different kettle of fish.
But, under civil law one may contract away rights available to them. One can waive rights to make a claim, which is standard on most settlement agreements. One may waive the right to file suit, which is common to many arbitration agreements.
I don't know if there are any cases that are on point, but you might be able to choose the location by specifying jurisdiction and choice of law as part of the terms of use of the site.
It is highly questionable if it is only a one page site, but if you have it on every page and the other party goes to more than one page, you could argue that they contracted to have it in your chosen jurisdiction.
But even so, if the jurisdiction is improper, you may still have to answer in the improper jurisdiction and file a motion to dismiss there.
At the bottom of Bernie's website, the people publishing it said:
nor can the publishers guarantee
the work of any of the professionals listed here.
But, the title is misleading, it would seem as though he did not try to file suit, but just threatened. From what I can read, if an attorney did file the attorney would be personally sanctioned under FRCP 11 making a friviolous filing where it could not pass the giggle test.
The defintion for disability under an insurance plan is very different from the ADA. Usually under an insurance plan, it is the ability to do your job. But, read throught he insurance contract.
The Supreme Court takes the position that a disability is not a disability if it can be accomodated for. Ie, you are not considered disabled with diabetes, if you can take insulin. If an accomodation will work, then you don't need accomodation.
But, the ADA test is still if the disability affects major life acitivities, not just working.
Many states have a different definition for disability. In Mass, if you are injured on the job, you are automatically considered disabled.
Of course, the definition for disability is always different. SSDI defines disbility different from the ADA which is different from the state version of the ADA which is different from workers comp. definition of disability which is different from an insurance companies definition of disability.
First, there is no libel law. Libel is a common law tort. In each jurisdiction the courts continuously redefine the precise definitionn of libel.
On your Enquirer example, reporting hearing hearing that someone did something, and some did something is different. Though both are harmful, they are not the same.
I am not talking about going after SMTP server software. I am talking about the stealth mailing software that scrapes websites for email addresses to build the SPAM list, then SPAMs to that list.
That loophole does not hold if you have both a cable modem and regular modem connected to the machine. See 47 USC 227 (b)(1)(c):
to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; or
It does not require the use of the phone line for transmission in this case.
But, also the Anti-Cybersquatting laws that put penalties for people cybersquatting and typo squatting. These penalties made it unprofitable to speculate. I'd like to see a law that would make it unprofitable to SPAM.
First, if he is trying to get rid of you, what would make you think he would go out and get drunk with you?
Second, in some states in the USA (I don't know about other companies), it may be illegal to tape another party without consent or knowledge. Federal law requires one party to consent, but some states require consent of both parties. And a violation of this is CRIMINAL
It is not that the person is a friend or not, but their own concerns may overide yours. But, when it comes to putting your interest infront of his/her interest it may be another story.
But, this is not age discrimination. Under the federal law (and most states too) it is illegal to discriminate on age over 40, but not for being under 40. To show that you were discriminated by race/sex/disability the treatement that your race/sex/disability received from the treatement of others.
Of course, when I asked for time to receive medical treatement, the management of Mattel / MSI / TLC started harassming me, following me around, keeping secret surveilance logs, monitoring my internet access from home.
You can't do anything to us no matter what. Even if we knew that the program would melt your machine,
tough!
When I contacted AMI about the Y2K problem on a 1993 motherboard, they told me there waas no bios update, but they would be willing to sell me a clock card.
So if I leave a window unlocked, it is ok to break into my house? If a woman is wearing a short skirt, it is ok to rape her? You have cash on you, it is ok to mug you? You have a nice car, it is ok to car-jack you?
You should not be using insecure products, but that does not excuse the crime.
You are correct, sort of. The article is not clear, but if you read the ruling (1st link), you will see that it is an order granting the 12b(6) motion. That is a motion to dismiss, soley based on the pleadings.
An injunction is granted when there is a great likelyhood of irreprerable harm and a great likelyhood of the case being won by the party requesting the injunction.
We are in the process of drawing or having a line drawn. After it is drawn, it still will be moved to some extent.
Look at guns, they are legal, but with many restrictions. They can be used for legal and illegal reasons. The same thing with computers, CD-Rs, casette tapes, pencils, etc. As with gun control people - you can't have people doing anything illegal with guns, if there are no guns, which restricts people using guns for legal reasons (and yes, I know that guns are not the greatest analogy, but I am taking license).
What should be is go after people who break the law, not people who make tools that may be able to be used to break the law. Or ones who advertise tools for breaking laws (like the SPAMMER that advertises Never pay for a DVD again.
Slashdot Mirror
- How long and how many holes as compared to other products of the type?
- How fast does it get fixed?
These is the main questions.Do we have to ask what is is?
The studios/establishment wants absolute protection for ever. Lessig is saying, not forever, but for long enough to make a good return, but not too far to prevent commentary, satire, critism, and other fair use during the limited period.
I like the bit of, "This is not SPAM in accordance with pending bill...
"I am a canadian attorney and this is legal according to US postal laws...".
I paid for software that I could not use. I still have not got my refund from Microsoft for the garbage they forced on my system.
They should have to pay the people who lost money, not be allowed to give it to people not effected. If I run into your car and damage it, do I get to give my girlfriend a spare computer instead of paying to fix the harm I did to you?
Of course Microsoft says that the settlement would cost them lots of money, but it would be retail including retail price of software...not actual cost to them.
But, even so, it gets MS products infront of children -- advertising???
The logo is a trademark indicating certain specifications and recognition. The patent is different from the logo.
When looking at the issue of confusion, the sophistication of the customer base. The customer base of Unicom System Inc is dealing with mainframe systems are unlikely to send a check to Chip by mistake.I doubt that someone intending to by a Ford Ranger, would buy a Ford Model, Jackie Yust by accident.
But, under civil law one may contract away rights available to them. One can waive rights to make a claim, which is standard on most settlement agreements. One may waive the right to file suit, which is common to many arbitration agreements.
It is highly questionable if it is only a one page site, but if you have it on every page and the other party goes to more than one page, you could argue that they contracted to have it in your chosen jurisdiction.
But even so, if the jurisdiction is improper, you may still have to answer in the improper jurisdiction and file a motion to dismiss there.
But, the title is misleading, it would seem as though he did not try to file suit, but just threatened. From what I can read, if an attorney did file the attorney would be personally sanctioned under FRCP 11 making a friviolous filing where it could not pass the giggle test.
But, the ADA test is still if the disability affects major life acitivities, not just working.
Many states have a different definition for disability. In Mass, if you are injured on the job, you are automatically considered disabled.
Of course, the definition for disability is always different. SSDI defines disbility different from the ADA which is different from the state version of the ADA which is different from workers comp. definition of disability which is different from an insurance companies definition of disability.
On your Enquirer example, reporting hearing hearing that someone did something, and some did something is different. Though both are harmful, they are not the same.
It does not require the use of the phone line for transmission in this case.That loophole does not hold if you have both a cable modem and regular modem connected to the machine. See 47 USC 227 (b)(1)(c):
But, also the Anti-Cybersquatting laws that put penalties for people cybersquatting and typo squatting. These penalties made it unprofitable to speculate. I'd like to see a law that would make it unprofitable to SPAM.
First, if he is trying to get rid of you, what would make you think he would go out and get drunk with you?
Second, in some states in the USA (I don't know about other companies), it may be illegal to tape another party without consent or knowledge. Federal law requires one party to consent, but some states require consent of both parties. And a violation of this is CRIMINAL
.
But, this is not age discrimination. Under the federal law (and most states too) it is illegal to discriminate on age over 40, but not for being under 40. To show that you were discriminated by race/sex/disability the treatement that your race/sex/disability received from the treatement of others.
Of course, when I asked for time to receive medical treatement, the management of Mattel / MSI / TLC started harassming me, following me around, keeping secret surveilance logs, monitoring my internet access from home.
If you read their click-wrap agreement, it says:
When I contacted AMI about the Y2K problem on a 1993 motherboard, they told me there waas no bios update, but they would be willing to sell me a clock card.
You should not be using insecure products, but that does not excuse the crime.
An injunction is granted when there is a great likelyhood of irreprerable harm and a great likelyhood of the case being won by the party requesting the injunction.
Look at guns, they are legal, but with many restrictions. They can be used for legal and illegal reasons. The same thing with computers, CD-Rs, casette tapes, pencils, etc. As with gun control people - you can't have people doing anything illegal with guns, if there are no guns, which restricts people using guns for legal reasons (and yes, I know that guns are not the greatest analogy, but I am taking license).
What should be is go after people who break the law, not people who make tools that may be able to be used to break the law. Or ones who advertise tools for breaking laws (like the SPAMMER that advertises Never pay for a DVD again.
I still like the Harvard/Yale/MIT football game.