I just ordered my replacement online. It's fast and the only information they need is the model number and the serial number of the computer. (oh...and the shipping adress)
Compaq says they take 48h to ship via UPS Ground in the US...
Since you wanted a lawyer point of view on "fair use" here we go:
Fair use is, in US law, a defense to copyright infringement. It is a theory developed by the courts to limit the scope of copyright legislation.
The only fair use recognized directly by legislation is:
Sec. 107. Limitations on exclusive rights: Fair use
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - (...)"
The main reason for copyright is to promote creativity according to the constitution:
"To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"
The judicial doctrine of fair use is usually limited by the commercial aspect of a copy or
usage. Make any commercial copy and it is probably not fair use (except for Sec 107)
So the biggest problem, in the USA at least, is that you have no right to fair use. You can only invoke fair use as a defense to a copyright infringement suit. (sorry folks!)
Some country, like Canada (where i come from), have a more robust fair use doctrine. The Copyright Act in canada specify that you have the right to make a private copy for your personal use. (sec 80 of the copyright act):
"80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of
(a) a musical work embodied in a sound recording,
(b) a performer's performance of a musical work embodied in a sound recording, or
(c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording."
This is almost what "fair use" is.
Some cyberlaw experts, such as Pr Lessig, are in favor of a more robust fair use in order to protect you from the RIAA (see for example the brief of the law professors in the Napster trial :
http://dl.napster.com/amicus_law.pdf)
Hope this helps you !
On a more personnal note I think the Slashdot community is right; fair use should
be extended to protect certain private copy of recording. However, since the copyright
lobby seems to have the ears of the US congress, it is very unlikely to happen in this
lifetime... but it's not Australia yet !
***** disclaimer *****
THIS IS NOT A LEGAL OPINION, do not act on behalf of the content of this comment,
always consult a lawyer for legal opinion.
***** thanks **********
Not really
altough this is a shame...
Nescape6 PR3 seems to be really unstable on Win98. It crashes all the time... hope they fix these bugs on the next PR..
The answer is simple. DCMA does not apply in Canada, and no such legislation exist in Canada. And by the way, lawyer fees are 1/3 those in the US... great deal I tell you ! Move your server and business up north. We have LOTS of space for you !!
We will probably be the few, but I think regulation will have to be in place in the near future.
To many transactions are made over the net for the law not to regulate. Consumer protection is one of the many issues I see here. Taxation is another thing, but governments have always found new ways to make money... for those of you who own cell phones you pay a tax for the right to use the airwaves because the government decided it owned them... nice isn't it ?
So what about the internet ? Why would anything be different ?
Taxation of sale transactions over the internet will be a reality as the economy moves more into ecommerce... and it has to be that way. The government will face loss of revenus if it doesnt to that and will have to raise taxes in one way or the other.... the only democratic and socialy responsive way to do it is to tax thoses transactions otherwise (if the government has to raise the income tax)you place the burden over the whole population and allow a certain class of people to escape their contribution to society.
As for the many who disagree with my point of view I think you should look at the issue as more of a society problem and stop hiding behin the idealism of a free internet.
One last comment: corporations making fortune selling things online was not what the internet used to be about...so I fail to see how the argument of preserving the internet as it was should apply here...
Imagination is more important than knowledge. --- Albert Einstein
That's why this kind of lawsuit needs to happen in Switzerland. However, the US could, of course, impose penalties on US residents if that remedy is imposed by US courts
This is true but a judgment in the USA can be exemplified for execution in Switzerland... it's all a question of knowing what judicial system has the most relevance to the case. For this one, I would bet on the US.
Regarding the working of the.ch organisation I have no idea. but I know for a fact that most of the organisations granting web adress will obey a court order without much protest (which isn't necessarly great but...) Just read InterNic dispute policy.
Slashdot Mirror
I just ordered my replacement online. It's fast and the only information they need is the model number and the serial number of the computer. (oh .. .and the shipping adress)
Compaq says they take 48h to ship via UPS Ground in the US...
Way to go !
IMHO if M$ continues to add such terms to the licence agreement, many corporation will find a real advantage in using Open Source.
This may be the break Linux and the other plateforms needed to break into the corporate and consumer's market.
Now if they start enforcing those licences, they will pay in terms of sales.
Better watch the Simpson's Planet of the Apes
This is only a link to some pictures and sound bytes. THey are not mine but enjoy !!
Since you wanted a lawyer point of view on "fair use" here we go:
Fair use is, in US law, a defense to copyright infringement. It is a theory developed by the courts to limit the scope of copyright legislation.
The only fair use recognized directly by legislation is:
Sec. 107. Limitations on exclusive rights: Fair use"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - (...)"
The main reason for copyright is to promote creativity according to the constitution:
"To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"The judicial doctrine of fair use is usually limited by the commercial aspect of a copy or usage. Make any commercial copy and it is probably not fair use (except for Sec 107)
So the biggest problem, in the USA at least, is that you have no right to fair use. You can only invoke fair use as a defense to a copyright infringement suit. (sorry folks!)
Some country, like Canada (where i come from), have a more robust fair use doctrine. The Copyright Act in canada specify that you have the right to make a private copy for your personal use. (sec 80 of the copyright act):
"80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of
(a) a musical work embodied in a sound recording,
(b) a performer's performance of a musical work embodied in a sound recording, or
(c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording."
This is almost what "fair use" is.
Some cyberlaw experts, such as Pr Lessig, are in favor of a more robust fair use in order to protect you from the RIAA (see for example the brief of the law professors in the Napster trial : http://dl.napster.com/amicus_law.pdf)
Hope this helps you !
On a more personnal note I think the Slashdot community is right; fair use should be extended to protect certain private copy of recording. However, since the copyright lobby seems to have the ears of the US congress, it is very unlikely to happen in this lifetime ... but it's not Australia yet !
***** disclaimer *****
THIS IS NOT A LEGAL OPINION, do not act on behalf of the content of this comment, always consult a lawyer for legal opinion.
***** thanks **********
Not really altough this is a shame... Nescape6 PR3 seems to be really unstable on Win98. It crashes all the time... hope they fix these bugs on the next PR..
The answer is simple. DCMA does not apply in Canada, and no such legislation exist in Canada. And by the way, lawyer fees are 1/3 those in the US ... great deal I tell you ! Move your server and business up north. We have LOTS of space for you !!
To many transactions are made over the net for the law not to regulate. Consumer protection is one of the many issues I see here. Taxation is another thing, but governments have always found new ways to make money... for those of you who own cell phones you pay a tax for the right to use the airwaves because the government decided it owned them ... nice isn't it ?
So what about the internet ? Why would anything be different ?
Taxation of sale transactions over the internet will be a reality as the economy moves more into ecommerce ... and it has to be that way. The government will face loss of revenus if it doesnt to that and will have to raise taxes in one way or the other.... the only democratic and socialy responsive way to do it is to tax thoses transactions otherwise (if the government has to raise the income tax)you place the burden over the whole population and allow a certain class of people to escape their contribution to society.
As for the many who disagree with my point of view I think you should look at the issue as more of a society problem and stop hiding behin the idealism of a free internet.
One last comment: corporations making fortune selling things online was not what the internet used to be about...so I fail to see how the argument of preserving the internet as it was should apply here...
Imagination is more important than knowledge. --- Albert Einstein
This is true but a judgment in the USA can be exemplified for execution in Switzerland... it's all a question of knowing what judicial system has the most relevance to the case. For this one, I would bet on the US.
Regarding the working of the .ch organisation I have no idea. but I know for a fact that most of the organisations granting web adress will obey a court order without much protest (which isn't necessarly great but...) Just read InterNic dispute policy.