So does that mean his point of view is balanced out by Lars Ulrich? I'm all for individuals voicing their opinions, and even seeing how this interacts with his day job is interesting, but I dare say that doesn't make and one man's opinion worth more than another's.
Note that many things we take for granted about them (such as them applying to states as well as federal Govt.) were not originally intended.
Your point is well-taken in the general sense, but your specific example is malformed: the application of Constitutional rights to the states was performed by the 14th amendment.
I'd more specifically add Marbury v. Madison already answered the question of Supreme Court as the official arbiter of the Constitution. To disagree with that stance is to disagree with several of the founders of our country itself. I find that most people who insist on a "plain English" interpretation of the Constitution have absolutely no desire to understand the context or history of how our legal system was set up.
Web developers seem to get jobs based on the flavor scripting language of the year.
(All of which is crap in my opinion....i.e. php, javascript....python...)
It always seemd too me, that XML, XSLT CSS and Java servlets are really all you need and you can build marvelous interfaces. Tried that once, but the response I got was (thats too hard, lets use javascript).
You seem to be confusing server-side and client-side languages. Javascript doesn't belong in the same list as PHP, Python, and Java. Java servlets are a fine (ideal?) technology on the server, but you'll still need Javascript for processing on the client side if you have any interactivity demands.
It is the fact that, once I buy a (e)-book, I don't want to hear from or interact with the publisher ever again concerning that purchase. Money exchanged, goods recieved, and that's the end of it. Period and finished.
And that's neat, and I feel where you're coming from, but most people really don't care. If Amazon can find a buck or two in value using something that people don't even notice the impact of giving, it's a sustainable enough business model.
There's no reason why an e-reader necessarily HAS to have communications capability. Most don't. Use those if this matters to you so much. I have a Sony Reader myself, and only communicated with them once for a firmware upgrade immediately after purchase (to add support for the open ePub file format). I don't even buy books through their store.
I like your analysis of Livejournal v Facebook, but you're off-base on Twitter. Twitter doesn't compete with LJ/Facebook/etc, it complements them. I can pop out my mobile when I'm at a pub and tell everyone I really like the band, and simultaneously see if there's anything else going on, with a simple and quick UI.
Then when I get home I can write a longer Livejournal post about how Such-and-such band is great, and this is why I like them, and hear's a link to their page so you can hear their style, etc.
Different tools for different purposes.
Re:It's not that Flash in particular is a right...
on
Flash Is Not a Right
·
· Score: 3, Insightful
I agree 100% with your concern, that this is a scummy thing to do, that there is quesitonal moral ground for them to get involved with the process. But there is a legitimate motivation buried in there. Apple doesn't want to be in a situation where developers are relying on 3rd parties to push API enhancements. Imagine if when Apple released the 3GS a significant fraction of their developers couldn't write apps that used the compass, all because Adobe didn't get around to it for a week (a month? ever?).
I don't think Apple's interested in having grounds to censor any particular app (they do that already), but making sure they can change things without worrying about 3rd party influence.
Yes, I've stopped travelling by air Yes, I've stopped travelling to America. I did both frequently and willingly before the post-11/9 intrusions, and loved going to the US. But I think in the long run it'll help both my country and yours if I make a stand, as long as others follow.
You realize this article's about Canada, right? I realize not traveling by air probably precludes you visiting them, but you should add them to your list just to be safe.
No. Delta-v to LEO is between 9.3 and 10 km/s. Orbital velocity at LEO is 7.8 km/s, so to shift from one satellite orbit to another would be almost as expensive as (and possibly more than) sending up a new rocket. I can't imagine the X-37 having a fuel capacity that much in excess of that required to reach LEO. And if that weren't enough to kill ya, the fuel costs of lifting that much more fuel to orbit would be insane (you could go to the moon on that delta-v budget!)
It's the wrong cite, but not for that reason. 602(a)(3)(B) applies to importation for private use only. Otherwise 602(a)(1) establishes that importation *is* an infringement by itself. The decision itself agrees with this in section III, parts 1 and 2. The rest discusses whether 109(a) applies, given precedents.
This case isn't actually news, except for the misuse of copyright angle which the defense chose not to argue. BMG Music v Perez (9th circuit, 1991) affirmed a copyright holder's exclusive right to import.
Costco should have, but did not, argue misuse of copyright. Morton Salt v. Suppiger provides that patent misuse occurs when patents are used to restrain the trade of unpatented material:
(1) That this use of the patent monopoly to restrain competition in the marketing of the unpatented tablets for use with the patented machines, and to aid in the creation of a limited monopoly in the tablets not within that granted by the patent, is contrary to the public policy of the United States evinced by the Constitution and the patent law. P. 314 U. S. 491.
(2) The patentee, while engaged in such practice, cannot have an injunction to retrain the making and leasing of infringing machine. P. 314 U. S. 492.
2. It is a principle of general application that courts, and especially courts of equity, may appropriately withhold their aid where the plaintiff is using the right asserted contrary to the public interest. P. 314 U. S. 492.
And Lasercomb v. Reynolds explicitly recognized "misuse of copyright" as a legitimate defense analogous to "misuse of patents":
We are of the view, however, that since copyright and patent law serve parallel public interests, a “misuse” defense should apply to infringement actions brought to vindicate either right. As discussed above, the similarity of the policies underlying patent and copyright is the great and historically has been consistently recognized. Both patent law and copyright law seek to increase the store of human knowledge and arts by rewarding inventors and authors with the exclusive rights to their works for a limited time. At the same time, the granted monopoly power does not extend to property not covered by the patent or copyright. Morton Salt,314 U.S. at 492 ; Paramount Pictures, 334 U.S. at 156-58;16cf. Baker v. Selden, 101U.S. 99, 101-04 (1880).
Instead, Costco's defense is that 17 USC 109(a) precludes 602(a), which the 9th found lacking on the basis that foreign copies don't qualify as "under Title 17" for 109(a). I can't imagine the USSC reversing that finding, because it would as a consequence allow importation of duplicates made in countries without any IP law, which would seem to be against the intent of 602(a).
The bill calls for a 6 percent tax on all deposits to be paid to state and tribal governments made by residents of their jurisdiction. For example, if someone living in Missouri puts $1,000 into an online gambling account anywhere in the country, $60 would go to Missouri's state government.
TI makes the OMAP line, which many many smartphones use. Apple's iPhone and iPad chips come from Samsung.
Phones known to use OMAP include the N90, N91, N92, N95, N82, E61, E62, E63, E90, N900 and many other Nokia and Samsung devices (such as the Nokia N800 and N810 Internet Tablets). The Palm Pre, the Open Pandora and Motorola Droid also use an OMAP processor (the OMAP3430). Others to use an OMAP SoC include the Sony Ericsson Satio and the Samsung OMNIA HD
In this case, usually the law provides an exemption equal to the amount paid to other jurisdictions. For example, in Washington state RCW 82.12.035 says:
A credit is allowed against the taxes imposed by this chapter upon the use in this state of tangible personal property, extended warranty, digital good, digital code, digital automated service, or services defined as a retail sale in RCW 82.04.050 (2) (a) or (g), (3)(a), or (6)(b), in the amount that the present user thereof or his or her bailor or donor has paid a legally imposed retail sales or use tax with respect to such property, extended warranty, digital good, digital code, digital automated service, or service defined as a retail sale in RCW 82.04.050 (2) (a) or (g), (3)(a), or (6)(b) to any other state, possession, territory, or commonwealth of the United States, any political subdivision thereof, the District of Columbia, and any foreign country or political subdivision thereof.
You're right, it is clear linguistic gymnastics to impose their sales tax on all their residents, but the relevant question for ICC (as determined by the courts) is whether it's discriminatory toward origin, and it's not, it affects in-state and out-of-state sales equally. There's a case from the US Virgin Islands where they tried to impose a 4% use tax without a corresponding sales tax and it was struck down on ICC grounds.
Not trying to make a point about regulation in general, just providing an example where the amount of deregulation may have been appropriate for that situation.
Not sure where you're getting unconstitutional from... The Supreme Court explicitly ruled use-taxes constitutional in Henneford v. Silas Mason Co. (300 US 577, 1937), provided the tax "is not so measured or conditioned as to hamper the transactions of interstate commerce or discriminate against them" (read as: as long as Use Tax isn't larger than the Sales Tax).
Perhaps, but do you have the freedom to give up your freedoms on that device? I'm not being rhetorical, I consider it an interesting question: should we be allowed to give up certain freedoms as terms and conditions for purchasing a device? I get the arguments against EULAs as being a bad IMPLEMENTATION of those terms and conditions, because you can't see the terms and conditions in advance, but supposing there was a real signed contract presented at time of sale, like some cell phone purchases... should we be allowed to offer up some of our freedoms as part of our side of the sale?
I'm not sure where I fall on this, but I imagine there are possibly very genuine pros to choosing to be a part of a controlled ecosystem. There's uniformity and security that makes development and profitability easier, which could trickle down as benefits to the end user in terms of number of apps, price of apps, price of the device, etc.
And I get that this isn't a bargain that everyone would want to take, but for someone that wants it, do we want to be a society that prohibits them from choosing it? Not a question with a simple answer, in my mind.
I always wondered why the cockpit was not just locked and all.
Just last year a passenger had to land a plane with ATC guidance after the pilot died. Not much you can do if the cockpit door is locked in that situation.
Slashdot Mirror
So does that mean his point of view is balanced out by Lars Ulrich? I'm all for individuals voicing their opinions, and even seeing how this interacts with his day job is interesting, but I dare say that doesn't make and one man's opinion worth more than another's.
Note that many things we take for granted about them (such as them applying to states as well as federal Govt.) were not originally intended.
Your point is well-taken in the general sense, but your specific example is malformed: the application of Constitutional rights to the states was performed by the 14th amendment.
I'd more specifically add Marbury v. Madison already answered the question of Supreme Court as the official arbiter of the Constitution. To disagree with that stance is to disagree with several of the founders of our country itself. I find that most people who insist on a "plain English" interpretation of the Constitution have absolutely no desire to understand the context or history of how our legal system was set up.
Don't worry, they'll rise again.
Web developers seem to get jobs based on the flavor scripting language of the year. (All of which is crap in my opinion....i.e. php, javascript....python...)
It always seemd too me, that XML, XSLT CSS and Java servlets are really all you need and you can build marvelous interfaces. Tried that once, but the response I got was (thats too hard, lets use javascript).
You seem to be confusing server-side and client-side languages. Javascript doesn't belong in the same list as PHP, Python, and Java. Java servlets are a fine (ideal?) technology on the server, but you'll still need Javascript for processing on the client side if you have any interactivity demands.
Actually at the next press announcement they are going to show the actual device, but they have to wait for it to rise first.
I knew it! Loaf-of-bread fusion! Hopefully they can improve on my method of applying two melted Kraft singles.
It is the fact that, once I buy a (e)-book, I don't want to hear from or interact with the publisher ever again concerning that purchase. Money exchanged, goods recieved, and that's the end of it. Period and finished.
And that's neat, and I feel where you're coming from, but most people really don't care. If Amazon can find a buck or two in value using something that people don't even notice the impact of giving, it's a sustainable enough business model.
There's no reason why an e-reader necessarily HAS to have communications capability. Most don't. Use those if this matters to you so much. I have a Sony Reader myself, and only communicated with them once for a firmware upgrade immediately after purchase (to add support for the open ePub file format). I don't even buy books through their store.
Graphics compositing with Layers
Hardware acceleration using Direct3D
Multitouch support
Aero Peek integration
OSX integration
But we can't use the base OS framework for video because that would introduce "platform-specific code".
I couldn't even figure out how to get Chrome to print.
Seriously? Very first menu, then "Print..." You can also get it by right clicking the page.
Where did you want the print option to be?
Boom, done, I'll take my $100k consulting fee now.
I like your analysis of Livejournal v Facebook, but you're off-base on Twitter. Twitter doesn't compete with LJ/Facebook/etc, it complements them. I can pop out my mobile when I'm at a pub and tell everyone I really like the band, and simultaneously see if there's anything else going on, with a simple and quick UI.
Then when I get home I can write a longer Livejournal post about how Such-and-such band is great, and this is why I like them, and hear's a link to their page so you can hear their style, etc.
Different tools for different purposes.
I agree 100% with your concern, that this is a scummy thing to do, that there is quesitonal moral ground for them to get involved with the process. But there is a legitimate motivation buried in there. Apple doesn't want to be in a situation where developers are relying on 3rd parties to push API enhancements. Imagine if when Apple released the 3GS a significant fraction of their developers couldn't write apps that used the compass, all because Adobe didn't get around to it for a week (a month? ever?).
I don't think Apple's interested in having grounds to censor any particular app (they do that already), but making sure they can change things without worrying about 3rd party influence.
Ok, looking at what the US DMCA has done, can you really say its improved the US in any way?
It's kept sites like Youtube afloat, by explicitly absolving them of liability from user-uploaded copyright violations.
Yes, I've stopped travelling by air Yes, I've stopped travelling to America. I did both frequently and willingly before the post-11/9 intrusions, and loved going to the US. But I think in the long run it'll help both my country and yours if I make a stand, as long as others follow.
You realize this article's about Canada, right? I realize not traveling by air probably precludes you visiting them, but you should add them to your list just to be safe.
No. Delta-v to LEO is between 9.3 and 10 km/s. Orbital velocity at LEO is 7.8 km/s, so to shift from one satellite orbit to another would be almost as expensive as (and possibly more than) sending up a new rocket. I can't imagine the X-37 having a fuel capacity that much in excess of that required to reach LEO. And if that weren't enough to kill ya, the fuel costs of lifting that much more fuel to orbit would be insane (you could go to the moon on that delta-v budget!)
XKCD can be funny a lot of times, but I also find it frequently unbearably smug.
So do I, and so do the authors of http://xkcdexplained.com/
It's the wrong cite, but not for that reason. 602(a)(3)(B) applies to importation for private use only. Otherwise 602(a)(1) establishes that importation *is* an infringement by itself. The decision itself agrees with this in section III, parts 1 and 2. The rest discusses whether 109(a) applies, given precedents.
This case isn't actually news, except for the misuse of copyright angle which the defense chose not to argue. BMG Music v Perez (9th circuit, 1991) affirmed a copyright holder's exclusive right to import.
(1) That this use of the patent monopoly to restrain competition in the marketing of the unpatented tablets for use with the patented machines, and to aid in the creation of a limited monopoly in the tablets not within that granted by the patent, is contrary to the public policy of the United States evinced by the Constitution and the patent law. P. 314 U. S. 491.
(2) The patentee, while engaged in such practice, cannot have an injunction to retrain the making and leasing of infringing machine. P. 314 U. S. 492.
2. It is a principle of general application that courts, and especially courts of equity, may appropriately withhold their aid where the plaintiff is using the right asserted contrary to the public interest. P. 314 U. S. 492.
And Lasercomb v. Reynolds explicitly recognized "misuse of copyright" as a legitimate defense analogous to "misuse of patents":
We are of the view, however, that since copyright and patent law serve parallel public interests, a “misuse” defense should apply to infringement actions brought to vindicate either right. As discussed above, the similarity of the policies underlying patent and copyright is the great and historically has been consistently recognized. Both patent law and copyright law seek to increase the store of human knowledge and arts by rewarding inventors and authors with the exclusive rights to their works for a limited time. At the same time, the granted monopoly power does not extend to property not covered by the patent or copyright. Morton Salt,314 U.S. at 492 ; Paramount Pictures, 334 U.S. at 156-58;16cf. Baker v. Selden, 101U.S. 99, 101-04 (1880).
Instead, Costco's defense is that 17 USC 109(a) precludes 602(a), which the 9th found lacking on the basis that foreign copies don't qualify as "under Title 17" for 109(a). I can't imagine the USSC reversing that finding, because it would as a consequence allow importation of duplicates made in countries without any IP law, which would seem to be against the intent of 602(a).
The bill calls for a 6 percent tax on all deposits to be paid to state and tribal governments made by residents of their jurisdiction. For example, if someone living in Missouri puts $1,000 into an online gambling account anywhere in the country, $60 would go to Missouri's state government.
Yes, yes, of course. I didn't mean to imply otherwise, just reinforcing GP's comment that ARM doesn't actually manufacture ARM chips.
Phones known to use OMAP include the N90, N91, N92, N95, N82, E61, E62, E63, E90, N900 and many other Nokia and Samsung devices (such as the Nokia N800 and N810 Internet Tablets). The Palm Pre, the Open Pandora and Motorola Droid also use an OMAP processor (the OMAP3430). Others to use an OMAP SoC include the Sony Ericsson Satio and the Samsung OMNIA HD
http://en.wikipedia.org/wiki/Omap
A credit is allowed against the taxes imposed by this chapter upon the use in this state of tangible personal property, extended warranty, digital good, digital code, digital automated service, or services defined as a retail sale in RCW 82.04.050 (2) (a) or (g), (3)(a), or (6)(b), in the amount that the present user thereof or his or her bailor or donor has paid a legally imposed retail sales or use tax with respect to such property, extended warranty, digital good, digital code, digital automated service, or service defined as a retail sale in RCW 82.04.050 (2) (a) or (g), (3)(a), or (6)(b) to any other state, possession, territory, or commonwealth of the United States, any political subdivision thereof, the District of Columbia, and any foreign country or political subdivision thereof.
You're right, it is clear linguistic gymnastics to impose their sales tax on all their residents, but the relevant question for ICC (as determined by the courts) is whether it's discriminatory toward origin, and it's not, it affects in-state and out-of-state sales equally. There's a case from the US Virgin Islands where they tried to impose a 4% use tax without a corresponding sales tax and it was struck down on ICC grounds.
Deregulation worked pretty well in air travel.
Not trying to make a point about regulation in general, just providing an example where the amount of deregulation may have been appropriate for that situation.
Not sure where you're getting unconstitutional from... The Supreme Court explicitly ruled use-taxes constitutional in Henneford v. Silas Mason Co. (300 US 577, 1937), provided the tax "is not so measured or conditioned as to hamper the transactions of interstate commerce or discriminate against them" (read as: as long as Use Tax isn't larger than the Sales Tax).
Perhaps, but do you have the freedom to give up your freedoms on that device? I'm not being rhetorical, I consider it an interesting question: should we be allowed to give up certain freedoms as terms and conditions for purchasing a device? I get the arguments against EULAs as being a bad IMPLEMENTATION of those terms and conditions, because you can't see the terms and conditions in advance, but supposing there was a real signed contract presented at time of sale, like some cell phone purchases... should we be allowed to offer up some of our freedoms as part of our side of the sale?
I'm not sure where I fall on this, but I imagine there are possibly very genuine pros to choosing to be a part of a controlled ecosystem. There's uniformity and security that makes development and profitability easier, which could trickle down as benefits to the end user in terms of number of apps, price of apps, price of the device, etc.
And I get that this isn't a bargain that everyone would want to take, but for someone that wants it, do we want to be a society that prohibits them from choosing it? Not a question with a simple answer, in my mind.
I always wondered why the cockpit was not just locked and all.
Just last year a passenger had to land a plane with ATC guidance after the pilot died. Not much you can do if the cockpit door is locked in that situation.
http://www.cnn.com/2009/US/04/13/florida.plane.emergency/index.html