Multiple times I've heard that DVD's are not considered software and hence the argument of making "archival" copies is invalid.
Here's my question: Why aren't DVD's considered software? What's the exact definition of software that it fails to fall under?
From Wiki, the definition of software is: "Software is a program that enables a computer to perform a specific task, as opposed to the physical components of the system (hardware). This includes application software such as a word processor, which enables a user to perform a task, and system software such as an operating system, which enables other software to run properly, by interfacing with hardware and with other software."
Further down it defines libraries as well: "A program may not be sufficiently complete for execution by a computer. In particular, it may require additional software from a software library in order to be complete. Such a library may include software components used by stand-alone programs, but which cannot be executed on their own. Thus, programs may include standard routines that are common to many programs, extracted from these libraries. Libraries may also include 'stand-alone' programs which are activated by some computer event and/or perform some function (e.g., of computer 'housekeeping') but do not return data to their activating program...."
Is it really that hard of a reach that the contents of a DVD aren't part of the "library" for a "program" such as a dvd player or Windows Media Player? Otherwise there really isn't much of a task that a program performs without it. Ultimately its still just a bunch of digitally inscribed data that requires a computer to play it. Isn't the task that is being performed the "viewing" of a movie?
I guess maybe I'm just wondering exactly what is the definition of a DVD that sets it apart from software since for all technical reasons is no different then the programs that are on the DVD media itself? What sets it apart? After all, a bunch of actors may have had to get together to create the content of the DVD but a bunch of programmers had to get together to create the content of the software on the DVD? Where's the dividing line?
Ah, but that's what's so silly about it. According to the definition of a trade secret at wiki.lawguru.com (http://wiki.lawguru.com/index.php/Trade_secret), a trade secret is "...a confidential practice, method, process, design, the "know-how" uses might confuse consumers as to the origin or nature of the goods once the mark has been associated with a particular supplier."
If anything, showing statistics on pirace should "clarify" the origin or nature of goods such as CD distributions and costs.
Unless of course the RIAA are trying to "hide" the costs so that no one can see how much they might be screwing the public...(my humble opinion of course.)
When you make virtual (virtual meaning not-real) you should only owe (virtual) taxes.
Seriously though, the only time the government should get involved is when that virtual money is liquidated to "real money.". This is more the case where the government is trying to extend its funds by assuming that a "game-based transaction" has any bearing in the real world excluding the transfers of funds that occur when you put/take money out of the game.
You might as well try to tax poker chips in Vegas. Sure there are millions of dollars of transactions done on a nightly basis in vegas using poker chips, but that doesn't mean that you should tax every single game played using the chips. Especially since you're already taxed when the chips
Reasons - Can you imagine the repercussions when government funds are determined by virtual economies that are completely controlled by the game company????
Personally, I'm willing to give up SOME of my privacy rights for security....but ONLY IF the government does the same. After all, if the government is watching us for our own safety, then isn't it for our best safety to make us aware of the fact?
I know the Freedom of Information goes a long way to this end, but it is neither comprehensive nor complete. If I'm being monitored,I should know I'm being monitored. After all, isn't that what all the laws against stalking, voyeurism, corporate espionage all about? I also think we should know where the tapes are stored and how long its retained. After all, so long as there are cameras publically displayed in a building, you can bet I aint gonna pick my nose in front of it. But I can see the abuse of power with some lowly security guard taking something stupid and selling to "Noses gone Wild" or such nonsense.
He should counter sue the RIAA claiming emotional distress as well as financial damages due to legal costs. THe fact that the RIAA decided to drop the case indicated that they really did not have any "TRUE" evidence of guilt.
He, on the other hand, has proof of defenses costs (his legal bills) and can certainly make claims that his reputation is now damaged. Just looking at what people are saying on this website indicates that there are certainly difference of opinions as to his innocence or guilt.
He'd probably make a fortune as the claims he can make include: harrassment defamation of character emotional distress financial burden
If they claim they did nothing wrong, he can simply state that they "failed" to provide adequate proof before subjecting him to a lawsuit. (Hence the reason they dropped the lawsuit was to try to save face of their own reputation without adquately compensating damages made to him for their mistakes.)
1.) Receive Law suite from RIAA 2.) Counter sue for damages 3.) Profit!
It's ironic that a CEO would have issues with considering a datacenter that is designed for centralization and management considered to be anachronistic. A datacenter will always be needed for centralization and management.
Hey, while we're at it, what do we need a CEO for? Overall intelligence has gone up over the years. I'm sure we're going to evolve to the point that we won't need a CEO anymore. After all, any one of us can do the job just as effectively, right? Let's hear it for true distributed management!
I have about 25 hard drives total. (dating back to the early 40 meg drives) 20 WD - 15 still functioning,5 dead 1 Seagate - dead 1 Fujitsu - almost dead (can sometimes bring it up but the controller is going bad. Had to replace.) 5 Maxtor - all dead
I know I have an equal number of dead WD and maxtors but overall the wd's have worked out better percentage-wise. If you're wondering about usage, I generally leave about 3 of my computers up at all times. (2 I use as file servers and one as a workstation). I have about 10 workstations (made from donated parts) that I use for various games and such. However, all harddrives I bought new at computer shows or at a computer store.
Now one of the drives (an 8 gig maxtor drive) almost managed to last about 8 years but it finally died a few months ago. Meanwhile, my 80 meg western digital drive still runs. (I periodically boot it up in an external drive bay just to see if it works)
Now I'm not saying that maxtor drives are bad, but they do come pretty cheap and I think that what suffers is longevity with these drives because of that.
I once had to buy 16 memory chips for some upgrades at work. I got it in 4 large boxes roughly 1 ft x 1 ft x 8 inches. (Mind you these are just memory chips.)
The funny part is that after opening it up I found I had 3 boxes full of stuffing with two memory chips each and the 4th box had 12 memory chips in it....All the boxes were the same size. What the heck?
It's the quality of the games that make a difference. I was in EBGames the other day and I had to laugh at the ridiculousness of some of the games I've seen....Ant Bully? Everything else these days are sequels and expansion packs...if you like sequels, more power to you, but theres been nothing that innovative that warrants spending $60 these days on games.
I mean Gothic 3? Lego Star Wars II? Sims 2? Quake 4? Doom 2? Medieval 2? Dungeon Siege 2? Space Empires V?
Can you name one new game that isn't an expansion pack or a new version of the same title?
PS- given that, I'm still ANXIOUSLY awaiting for Command and Conquer 3 and Total Annihilation 2 that's coming next year...
..It seems to make more sense to create a new department where you can apply for "unpatents" or prior art to prevent patent abuse then to try to revise the current patent structure....
From a legal perspective, the implied "threat" is that his real last name was in the icon image, hence the message is "directed" at a specific person and places that person at risk. Since there were no contra-indications that it was anything less then a "threat" at that point, then the person whose name is there would most certaily feel threatened. Had the student instead added at the bottom "SIKE!" then the original threat implication would have been nullified as the entire message intent has changed.
Could the victim have reacted differently? Sure, but that often depends on his relationship with the student in question. Had he been more familiar with the student's behavior and knew he truly didn't mean any bodily harm then he might not have taken it as seriously.
Actually, there's nothing wrong with the loser-pay rules so long as its offered as an option as determined by the courts. If a judge determines that a lawsuit has no merit (such as no damages were actually imposed by the client) then it can make the loser "pay" as punitive measures for wasting the time and effort of the court system. This will put a stop to frivilous cases and self-proclaimed lawyers who waste the taxpayer's money in court costs.
Also as it will be the judges determination of the loser pay's rules, then if there is true merit that the judge deems adequate, then cases that have merit but don't have substantiating facts can be dismissed without penalties. (IE, a TRULY LEGITIMATE case can still be presented to the court.)
Its hard to dismiss the use of "loser pays" when its already effective in England.
According to their terms and conditions: "2.6 Linden Lab may suspend or terminate your account at any time, without refund or obligation to you.
Linden Lab has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Linden Lab suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else. "
Based on this, they can do whatever they want. For that matter, according to this clause:
5.5 You will indemnify Linden lab from claims arising from breach of this Agreement by you, from your use of Second Life, from loss of Content due to your actions, or from alleged infringement by you.
At Linden Lab's request, you agree to defend, indemnify and hold harmless Linden Lab, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless Linden Lab, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
He's not even allowed to sue them according to this clause. Furthermore, check out this clause:
4.2 You agree to use Second Life as provided, without unauthorized software or other means of access or use. You will not make unauthorized works from or conduct unauthorized distribution of the Linden Software.
Linden Lab has designed the Service to be experienced only as offered by Linden Lab at the Websites or partner websites. Linden Lab is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Linden Lab. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Service without the express written authorization of Linden Lab. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Service, except that you may use the Linden Software to the extent expressly permitted by this Agreement.
That means that Linden Labs can argue that He agrees to use Second Life as provided without "other means of access or use". Furthermore, the terms include a code of conduct that states "4.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that Linden Lab deems harmful." which looking at clause (v):
"take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;"
Linden Labs can certainly argue that he took actions to transmit Content (a inappropriate url) to deterimentally interfere with the auction system.
I personally don't see how he has a leg to stand on.
If you are asked about what your salary is and you're worried about whether or not they might lowball you. Do two things:
1.) Make sure that the requirements in the job description are in fact everything that it says it is...(ie.- No additional stuff that wasn't included in the job description, such as managing additional employees, expecting to deal with issues outside of the scope of your work, etc)
2.) State what you assume the average position salary range for the job that you're applying for is. In addition, state WHERE you got that information and even better is to have the print out showing that based on the job description, this is the proper salary range. If they fail to respond to that being the case, then ask why they are offering less then the average range (and of course be polite about it.)
3.) Alternatively, if you honestly don't have the minimum skills listed as required by the job description, then the company has a legitimate reason to offer a lower amount. For example, if you don't have a minimum of 5 years experience in the field and are applying for a senior sysadmin position, then assume that the company now has a bargaining chip to negotiate salary, (because they do..)
4.) Don't lie. As a general rule, any kind of falsification of your resume are grounds for dismissal, (i.e., criminal record, fake credentials or falsified experience.) Senior class positions are usually geared towards being able to start a job on the ground floor running, with little to no training and not being able to handle the larger responsibility in a senior level position often indicate you aren't really qualified for either the position or the type of environment that the job is being offered in (for example, a senior level position in a hospital or a commercial telecom company.)
5.) Communicate. This may sound a little trite but any kind of communication whether it be personal between lovers, or professionals in the business world, is critical to a healthy relationship between the employee and employer. (Even the slashdot crowd can stand behind this, after all what is it everyone is doing right now but communicating our thoughts and ideas to each other on here via the computer?)
Not the child porn stuff I don't think anyone would agree that he should have it let alone burn it to a cd. However, the concept of "creating a new media" shouldn't apply to burning a cdrom because then technically. Nothing was actually "created". All a CDROM is is a disc with little pits in them that bounces a laser off of them representing 0's and 1's.
The "NEW" media creation doesn't actually occur within the CDROM. If I pick it up, I don't just see what files are on there or what documents it may contain. All you see is a piece of plastic with a shiny side on one side of it and maybe a label on the other.
Now the minute I look at it through a software program that interprets the files, THEN DISPLAYS IT on a monitor screen is it really a "*new*" form of media.
In other words, storing data is nothing more then "storing data". There's a big difference between "storing data" and "viewing data".
Although I disagree with his opinion that Art is meant for one person I do agree with his concept that most games can contain art and that the game itself is really a "museum" where the "Art" can be appreciated. But here's a question: Can a musuem be considered a work of Art? Is the Hirschorn or the MET any less a work of art in themselves? They are functional, yet artistic but is that enough to classify them as works of art?
In a related note, I play WoW and I found a snapshot of a sun setting in Azeroth that was so beautifully rendered I made it into my wallpaper. So is a "virtual" picture of a "virtual" sunset in a "virtual" world displayed on a very REAL screen considered Art? If not then what is it? What is its function except to be displayed?
Not saying I have the answers...just posing the thoughts...
That may be true but honestly thats more of a generation thing....the microwave and the remote control is still too intimidating for my mom...Heck the push button phone was intimidating to my grandfather when he was still alive...He was so used to the old rotary phone he never bothered to learn the touch tone...Looking at kids these days I'm amazed at how fast they can "thumb-type" on their blackberrys, cellphones, and mobile devices.
The real question is who is your average consumer? Your average gamer type will always choose quality over cost (ie - Final Fantasy or any quake style game vs a cheapo lame game like "Rugrats go Wild"). Alternatively, the grandparents or the uncle/aunt buying a game for the average gamer will buy the bargain bin "RugRats go Wild" for $10.00 over the next Warcraft or Quake clone for $50.00.
Slashdot Mirror
I'll go one thing simpler...give me a pig and a catapult....
Alright...WHO POINTED THE MAIL SPOOL to /dev/null again?
(Just kidding)
Multiple times I've heard that DVD's are not considered software and hence the argument of making "archival" copies is invalid.
Here's my question: Why aren't DVD's considered software? What's the exact definition of software that it fails to fall under?
From Wiki, the definition of software is:
"Software is a program that enables a computer to perform a specific task, as opposed to the physical components of the system (hardware). This includes application software such as a word processor, which enables a user to perform a task, and system software such as an operating system, which enables other software to run properly, by interfacing with hardware and with other software."
Further down it defines libraries as well:
"A program may not be sufficiently complete for execution by a computer. In particular, it may require additional software from a software library in order to be complete. Such a library may include software components used by stand-alone programs, but which cannot be executed on their own. Thus, programs may include standard routines that are common to many programs, extracted from these libraries. Libraries may also include 'stand-alone' programs which are activated by some computer event and/or perform some function (e.g., of computer 'housekeeping') but do not return data to their activating program...."
Is it really that hard of a reach that the contents of a DVD aren't part of the "library" for a "program" such as a dvd player or Windows Media Player? Otherwise there really isn't much of a task that a program performs without it. Ultimately its still just a bunch of digitally inscribed data that requires a computer to play it. Isn't the task that is being performed the "viewing" of a movie?
I guess maybe I'm just wondering exactly what is the definition of a DVD that sets it apart from software since for all technical reasons is no different then the programs that are on the DVD media itself? What sets it apart? After all, a bunch of actors may have had to get together to create the content of the DVD but a bunch of programmers had to get together to create the content of the software on the DVD? Where's the dividing line?
Ah, but that's what's so silly about it. According to the definition of a trade secret at wiki.lawguru.com (http://wiki.lawguru.com/index.php/Trade_secret), a trade secret is "...a confidential practice, method, process, design, the "know-how" uses might confuse consumers as to the origin or nature of the goods once the mark has been associated with a particular supplier."
If anything, showing statistics on pirace should "clarify" the origin or nature of goods such as CD distributions and costs.
Unless of course the RIAA are trying to "hide" the costs so that no one can see how much they might be screwing the public...(my humble opinion of course.)
I chuckled at the quote in the article:
"Some industry groups were reluctant to work with researchers, because of concern about data leaking to competitors."
All I could think of was..."Ha..ha...we have more pirates then YOU DO!"
Seriously what kind of "data" could piracy statistics be used by the competition?
Not true.
When you make virtual (virtual meaning not-real) you should only owe (virtual) taxes.
Seriously though, the only time the government should get involved is when that virtual money is liquidated to "real money.". This is more the case where the government is trying to extend its funds by assuming that a "game-based transaction" has any bearing in the real world excluding the transfers of funds that occur when you put/take money out of the game.
You might as well try to tax poker chips in Vegas. Sure there are millions of dollars of transactions done on a nightly basis in vegas using poker chips, but that doesn't mean that you should tax every single game played using the chips. Especially since you're already taxed when the chips
Reasons - Can you imagine the repercussions when government funds are determined by virtual economies that are completely controlled by the game company????
Personally, I'm willing to give up SOME of my privacy rights for security....but ONLY IF the government does the same. After all, if the government is watching us for our own safety, then isn't it for our best safety to make us aware of the fact?
I know the Freedom of Information goes a long way to this end, but it is neither comprehensive nor complete. If I'm being monitored,I should know I'm being monitored. After all, isn't that what all the laws against stalking, voyeurism, corporate espionage all about? I also think we should know where the tapes are stored and how long its retained. After all, so long as there are cameras publically displayed in a building, you can bet I aint gonna pick my nose in front of it. But I can see the abuse of power with some lowly security guard taking something stupid and selling to "Noses gone Wild" or such nonsense.
He should counter sue the RIAA claiming emotional distress as well as financial damages due to legal costs. THe fact that the RIAA decided to drop the case indicated that they really did not have any "TRUE" evidence of guilt.
He, on the other hand, has proof of defenses costs (his legal bills) and can certainly make claims that his reputation is now damaged. Just looking at what people are saying on this website indicates that there are certainly difference of opinions as to his innocence or guilt.
He'd probably make a fortune as the claims he can make include:
harrassment
defamation of character
emotional distress
financial burden
If they claim they did nothing wrong, he can simply state that they "failed" to provide adequate proof before subjecting him to a lawsuit. (Hence the reason they dropped the lawsuit was to try to save face of their own reputation without adquately compensating damages made to him for their mistakes.)
1.) Receive Law suite from RIAA
2.) Counter sue for damages
3.) Profit!
It's ironic that a CEO would have issues with considering a datacenter that is designed for centralization and management considered to be anachronistic. A datacenter will always be needed for centralization and management.
Hey, while we're at it, what do we need a CEO for? Overall intelligence has gone up over the years. I'm sure we're going to evolve to the point that we won't need a CEO anymore. After all, any one of us can do the job just as effectively, right? Let's hear it for true distributed management!
I'll throw in my two cents about maxtor drives:
I have about 25 hard drives total. (dating back to the early 40 meg drives)
20 WD - 15 still functioning,5 dead
1 Seagate - dead
1 Fujitsu - almost dead (can sometimes bring it up but the controller is going bad. Had to replace.)
5 Maxtor - all dead
I know I have an equal number of dead WD and maxtors but overall the wd's have worked out better percentage-wise. If you're wondering about usage, I generally leave about 3 of my computers up at all times. (2 I use as file servers and one as a workstation). I have about 10 workstations (made from donated parts) that I use for various games and such. However, all harddrives I bought new at computer shows or at a computer store.
Now one of the drives (an 8 gig maxtor drive) almost managed to last about 8 years but it finally died a few months ago. Meanwhile, my 80 meg western digital drive still runs. (I periodically boot it up in an external drive bay just to see if it works)
Now I'm not saying that maxtor drives are bad, but they do come pretty cheap and I think that what suffers is longevity with these drives because of that.
How is this different from the Am I Hot or Not style of websites? Or any self-moderated website like slashdot? Where's the novelty?
I once had to buy 16 memory chips for some upgrades at work. I got it in 4 large boxes roughly 1 ft x 1 ft x 8 inches. (Mind you these are just memory chips.)
The funny part is that after opening it up I found I had 3 boxes full of stuffing with two memory chips each and the 4th box had 12 memory chips in it....All the boxes were the same size. What the heck?
It's the quality of the games that make a difference. I was in EBGames the other day and I had to laugh at the ridiculousness of some of the games I've seen....Ant Bully? Everything else these days are sequels and expansion packs...if you like sequels, more power to you, but theres been nothing that innovative that warrants spending $60 these days on games.
I mean Gothic 3? Lego Star Wars II? Sims 2? Quake 4? Doom 2? Medieval 2? Dungeon Siege 2? Space Empires V?
Can you name one new game that isn't an expansion pack or a new version of the same title?
PS- given that, I'm still ANXIOUSLY awaiting for Command and Conquer 3 and Total Annihilation 2 that's coming next year...
'nuff said.
..It seems to make more sense to create a new department where you can apply for "unpatents" or prior art to prevent patent abuse then to try to revise the current patent structure....
From a legal perspective, the implied "threat" is that his real last name was in the icon image, hence the message is "directed" at a specific person and places that person at risk. Since there were no contra-indications that it was anything less then a "threat" at that point, then the person whose name is there would most certaily feel threatened. Had the student instead added at the bottom "SIKE!" then the original threat implication would have been nullified as the entire message intent has changed.
Could the victim have reacted differently? Sure, but that often depends on his relationship with the student in question. Had he been more familiar with the student's behavior and knew he truly didn't mean any bodily harm then he might not have taken it as seriously.
Actually, there's nothing wrong with the loser-pay rules so long as its offered as an option as determined by the courts. If a judge determines that a lawsuit has no merit (such as no damages were actually imposed by the client) then it can make the loser "pay" as punitive measures for wasting the time and effort of the court system. This will put a stop to frivilous cases and self-proclaimed lawyers who waste the taxpayer's money in court costs.
Also as it will be the judges determination of the loser pay's rules, then if there is true merit that the judge deems adequate, then cases that have merit but don't have substantiating facts can be dismissed without penalties. (IE, a TRULY LEGITIMATE case can still be presented to the court.)
Its hard to dismiss the use of "loser pays" when its already effective in England.
When are they going to start regulating the sex in advertising, the violence in the news, and the evil thoughts that only the Shadow Knows...
Oh wait....
According to their terms and conditions:
"2.6 Linden Lab may suspend or terminate your account at any time, without refund or obligation to you.
Linden Lab has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Linden Lab suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else. "
Based on this, they can do whatever they want. For that matter, according to this clause:
5.5 You will indemnify Linden lab from claims arising from breach of this Agreement by you, from your use of Second Life, from loss of Content due to your actions, or from alleged infringement by you.
At Linden Lab's request, you agree to defend, indemnify and hold harmless Linden Lab, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless Linden Lab, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
He's not even allowed to sue them according to this clause. Furthermore, check out this clause:
4.2 You agree to use Second Life as provided, without unauthorized software or other means of access or use. You will not make unauthorized works from or conduct unauthorized distribution of the Linden Software.
Linden Lab has designed the Service to be experienced only as offered by Linden Lab at the Websites or partner websites. Linden Lab is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Linden Lab. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Service without the express written authorization of Linden Lab. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Service, except that you may use the Linden Software to the extent expressly permitted by this Agreement.
That means that Linden Labs can argue that He agrees to use Second Life as provided without "other means of access or use". Furthermore, the terms include a code of conduct that states "4.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that Linden Lab deems harmful." which looking at clause (v):
"take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;"
Linden Labs can certainly argue that he took actions to transmit Content (a inappropriate url) to deterimentally interfere with the auction system.
I personally don't see how he has a leg to stand on.
Dang...I meant to say do FIVE things:
too many years in the it field...where's that grammer button again?!?
If you are asked about what your salary is and you're worried about whether or not they might lowball you. Do two things:
1.) Make sure that the requirements in the job description are in fact everything that it says it is...(ie.- No additional stuff that wasn't included in the job description, such as managing additional employees, expecting to deal with issues outside of the scope of your work, etc)
2.) State what you assume the average position salary range for the job that you're applying for is. In addition, state WHERE you got that information and even better is to have the print out showing that based on the job description, this is the proper salary range. If they fail to respond to that being the case, then ask why they are offering less then the average range (and of course be polite about it.)
3.) Alternatively, if you honestly don't have the minimum skills listed as required by the job description, then the company has a legitimate reason to offer a lower amount. For example, if you don't have a minimum of 5 years experience in the field and are applying for a senior sysadmin position, then assume that the company now has a bargaining chip to negotiate salary, (because they do..)
4.) Don't lie. As a general rule, any kind of falsification of your resume are grounds for dismissal, (i.e., criminal record, fake credentials or falsified experience.) Senior class positions are usually geared towards being able to start a job on the ground floor running, with little to no training and not being able to handle the larger responsibility in a senior level position often indicate you aren't really qualified for either the position or the type of environment that the job is being offered in (for example, a senior level position in a hospital or a commercial telecom company.)
5.) Communicate. This may sound a little trite but any kind of communication whether it be personal between lovers, or professionals in the business world, is critical to a healthy relationship between the employee and employer. (Even the slashdot crowd can stand behind this, after all what is it everyone is doing right now but communicating our thoughts and ideas to each other on here via the computer?)
Not the child porn stuff I don't think anyone would agree that he should have it let alone burn it to a cd. However, the concept of "creating a new media" shouldn't apply to burning a cdrom because then technically. Nothing was actually "created". All a CDROM is is a disc with little pits in them that bounces a laser off of them representing 0's and 1's.
The "NEW" media creation doesn't actually occur within the CDROM. If I pick it up, I don't just see what files are on there or what documents it may contain. All you see is a piece of plastic with a shiny side on one side of it and maybe a label on the other.
Now the minute I look at it through a software program that interprets the files, THEN DISPLAYS IT on a monitor screen is it really a "*new*" form of media.
In other words, storing data is nothing more then "storing data". There's a big difference between "storing data" and "viewing data".
Although I disagree with his opinion that Art is meant for one person I do agree with his concept that most games can contain art and that the game itself is really a "museum" where the "Art" can be appreciated. But here's a question: Can a musuem be considered a work of Art? Is the Hirschorn or the MET any less a work of art in themselves? They are functional, yet artistic but is that enough to classify them as works of art?
In a related note, I play WoW and I found a snapshot of a sun setting in Azeroth that was so beautifully rendered I made it into my wallpaper. So is a "virtual" picture of a "virtual" sunset in a "virtual" world displayed on a very REAL screen considered Art? If not then what is it? What is its function except to be displayed?
Not saying I have the answers...just posing the thoughts...
Here's a thought:
When are people going to stop focusing on kids playing violent video games and start focusing on kids that are "violent"?
That may be true but honestly thats more of a generation thing....the microwave and the remote control is still too intimidating for my mom...Heck the push button phone was intimidating to my grandfather when he was still alive...He was so used to the old rotary phone he never bothered to learn the touch tone...Looking at kids these days I'm amazed at how fast they can "thumb-type" on their blackberrys, cellphones, and mobile devices.
The real question is who is your average consumer? Your average gamer type will always choose quality over cost (ie - Final Fantasy or any quake style game vs a cheapo lame game like "Rugrats go Wild"). Alternatively, the grandparents or the uncle/aunt buying a game for the average gamer will buy the bargain bin "RugRats go Wild" for $10.00 over the next Warcraft or Quake clone for $50.00.