Try arguing that you use the word "nigger" to mean idiot (i actually know people like this) and that you just mean "idiot," with no offense to black people.
I think the problem with this analogy is that "nigger" was originally used as a derogatory term used by whites in america in support of their oppression of blacks.
"Gay" on the other hand originally meant 'cheerful' or 'happy' (I think the OED has a dozen different definitions of the word, all meaning generally good) and was adopted by the homosexual community to cheerlead the fact that they were happy with their decision and their lifestyle.
The word "gay" has evolved several times in our language, I would reject the supposition that it should stop now that it has been adopted by a persecuted group.
I think this is moral gray area. What the person was doing was distributing a derivative work when he did not have rights to the original, but claiming it was okay because he only distributed it to people who already had the original work. It would open a box of potential issues if this sort of thing were permitted.
Take for example a work of fiction. Authors generally have a copyright on the fictional characters in their book. But say someone wrote a book using the same fictional characters and this new book could be created by rearranging paragraphs in the original work, adding a few extra chapters, and expunging a few more. If the book is only sold (note the for-profit nature of the enterprise) to owners of the "original work", arguing that they could have reassembled your story themselves, has a copyright violation occurred?
It's an exaggeration of the xbox modchip issue, but if you start allowing people to sell derivative works to owners of the original material, it isn't an unlikely scenario. You can always sell instructions on how to construct the second book from the first... just as it is legal to sell the blank modchips and instructions for ripping the original bios.
I'm not overly fond of Microsoft and I don't like the DMCA, but I think the decision was correct.
the point that I was making was that there are many many places in the world where diamonds are produced.
The link you furnished said there are only 3 major locations producing gem quality diamonds. Does 3 count as "many many"?
It also said that synthetic diamonds are threatening the natural diamonds for industrial use... which was my point... Did you notice the cost of industrial diamonds? 50 cents to 5 dollars per CARAT?! That's really cheap. But like I said, if you can synthesize it and produce it anywhere, entrepreneurs will step in and produce them cheap. This is exactly what happened, and is what you said wouldn't happen in the real world.
the thing is that by just being all "factual" as you are trying to be - you accomplish nothing. by saying "evey profitable business" that doesnt make you sound more intelligent - but more uninformed.
Wow, ad hominem... very classy.
debeers is a monopoly - a recognized monpoly almost all over the world...
Hmmm, let's see what I wrote in my post: Because unlike De Beers, they have competition. - Yup, looks like I said De Beers is a monopoly. What point are you arguing here?
restaurants is a poor example in that people NEED to eat
Notice how none of my argument concerned eating... Unless you eat toothpicks.
but do we NEED diamons?
We need them for industrial use. This just happens to be where they are their cheapest because market forces have driven them down.
This is the wackiest pseudo-economics I've ever read here.
They will want to drive the price up as far as they can jsut like DeBeers did
This is the goal of every for-profit business. You know why restaurants don't create an artificial shortage of toothpicks and charge you $10 for a wooden implement to clean USDA Prime T-Bone from your teeth? Because unlike De Beers, they have competition.
People believed in mass scale collusion between corporate players in the early 90's when there was a sudden spike in the demand for RAM and the price soared. I still have $33 1 Megabyte SIMMs I bought in the early 90's. After seeing the thirst the public had for SIMMs and the fact they'd pay outrageous prices for them, the market was ripe for an extended "shortage of supply". The existing companies probably tried to play this card... but anybody with enough capital to build a fab in malaysia could start pumping out RAM chips on the cheap. And if they wanted to make money as an unknown brand, they would have to sell their product substantially cheaper than the competition so that the public would accept the risk of an unknown manufacturer. This is exactly what they did... they undercut the big manufacturers... the result... 128MB DIMMs are listed at $16 today on pricewatch... one two hundred fiftieth the cost per meg they were 10 years ago...
What does this have to do with artificial diamonds? Simple, if the demand is high and so is the price, anybody with enough capital to build a fab in malaysia can start producing them cheap.
The RAM chip industry had eager investors and unscrupulous businessmen. Didn't make much difference. Capitalism... it isn't just a neat economic theory. All around you are examples of market demand driving competition and competition driving prices.
The whole argument about diamond deposits being geographically localized is debatable in that there seems to be evidence that diamonds are much more widely available and common than reported
If you know somewhere where there are large deposits of gem quality diamonds... WHY ARE YOU POSTING ON/.?! Go put together a business plan. If you can show your geology is for real, the investors will beat a path to your door.
The artificial diamond makers will then try to pull a "deBeers" on the mrket..
"de Beers" was able to pull a "de Beers" because the diamond deposits were geographically localized. Artificial diamonds can be produced anywhere. If demand surges, entrepreneurs will fill the supply void and prices will be kept low.
With photo analysis skills like that, you probably think the moon landing was a hoax too. I think the sensible among us can see that in the second photo the gun is slack and pointing at the ground, at worst perilously close to people's legs.
So now please answer why JBoss needs to be compliant other than allowing legacy to run?
Because if JBoss is not compliant, nobody will use it. The fact that it is open source is a really poor argument for not needing standards compliance. Should GCC's cc be non-ANSI C since if you needed it to be ANSI C you could just open up the source and make it conform? The Apache HTTPD server is compliant to the HTTP spec. Tomcat is a reference implementation of a servlet container.
There's an ocean of difference between being able to access the source code and being able to effect changes to that source code. Open source should conform to standards.
The points the article raises are valid. However we've had voice comm enabled in PC games for a long time and have all this is old news. The biggest reason I'm reluctant to give up my Half-Life based games is not just because they are really cool, but the built in voice chat is far superior to any external voice chat program I've seen (Roger Wilco or BattleCom).
"You must use a Sony CD-Player/PC to rip Sony CDs, since they provide such a player."
Let's look again at clause B:
(B) copyright holder fails to make publicly available the necessary means to make such noninfringing use without additional cost or burden to such person.
So no, they can't just say "for $10,000 you can buy this device to make backups of our protected CDs". They either provide it for free, or some clever hacker out there can provide it for them. They can provide a free tool to rip the content in a lower quality format. It is hard to say just how "low" the quality could be before arguments are made that the rip is substantially different.
Like most DSL subscribers, my DSL comes in on a copper pair that is essentially unbroken between myself and my CO. I'm betting I'm not having to share bandwidth until my traffic hops on to the fiber connecting the CO to the regional hub. That's probably why I generally get 1.5Mbps sustained regardless of the time of day I use the net. A whole lot of someones in my neighborhood will have to soak up bandwidth before the net is slow for me. When that happens, any T1's belonging to the same ISP will probably route their data onto the same fiber and will have to share with me.
Technically they don't.... but put yourself in the position of the hiring company...
The hiring managers have college degrees... The tech leads have college degrees... Most of those interviewing you have college degreees... There are 5 other applicants with the same skill set and years of experience as you who have college degrees...
Whom do you think they are going to prune from the list first? Back in the hey day of the dot com era, they didn't have 5 other applicants, you were the only one. They were ecstatic to see you because they were tired of having to hire people with no experience or training. It isn't like that anymore.
If the plaintiff cannot produce enough evidence to show that he has a reasonable chance of winning the case in court, the defendant can make a motion for summary judgement.
If the judge thinks that carrying the proceeding to trial would clearly be a waste of court time, he can then throw the case out.
It's the software licenses themselves that put the burden of proof on the consumer.
I've read my EULA, I have not consented to such. Can you point out a link to an EULA that permits random audits and requires paper documentation for proof of compliance?
Yes, "innocent until proven guilty" is not applicable to civil suits
Let's say that you can't find proof that you purchased some of the software you purchased. You then have to pay for that AGAIN. If you don't pay them for it, and they audit you, you then have to pay for it anyway, plus exorbidant fines because you couldn't proove that you weren't guilty of a crime.
Any case law you can point out that supports this? Even if BSA audits you and you cannot show proof of purchase, they still must show that based on the preponderance of the evidence, you did not legally come by it.
Under the Constitution of the United States, it is not my responsibility to prove my innocence, it is your responsibility to prove my guilt. If you can't prove my guilt, I am to be considered innocent. The BSA has neatly ignored this, and gotten courts to go along with unconstitutional legislation. Fines are imposed without trial, and without proof of guilt, in direct opposition to the Constitution.
You are aware that the primary purpose of the Constitution is to outline and limit the powers of the government, right? This is a civil suit we're talking about. And which courts have gone along with this? I'm betting that the BSA usually settles out of court, they have a fairly difficult task in court. They'll make you a deal that will cost you less than defending yourself in court.
Could you back this up with some links or something? I didn't remember seeing that agreement in any EULAs I had seen, so I googled for BSA auditing and it seemed pretty clear that they'll send a letter out to anyone. They seem especially fond of companies with disgruntled ex employees.
I find it difficult to believe that even under contract law a court would hold a harrassment clause enforceable. They can't audit on a whim without compensation - they need some evidence of wrongdoing.
I also couldn't find anywhere in an EULA anything about agreeing to keep records of possession.
What the hell kind of contentless uninteresting crap is that for the front page? I expected that to be filed under "stuff that isn't particularly interesting or funny" or a similar topic.
If your game is not a $2 million 3D rendered "hunk of shit", then some student on break between quarters/semesters is going to fire up their copy of Visual C++ and have a clone of your game out in a month. The tools of creation are so advanced that the difference between a shareware game and a professional game is two million dollars of art resources, story line, and AI. It is not uncommon to see 'write a clone of Tetris' as an assignment/project in an upper division CS class.
In fact the first time I saw Tetris was as a shareware clone for my Amiga.
Does the federal tax amount include social security? Your social security tax stops after you've paid 80,000 taxed dollars into the pot. You're going to get an unweighted result with that comparison.
Additionally... $7,170,000 in capital gains... capital gains are taxed at a lower rate. In order to encourage long term investing, which stabilizes the economy, the government gives a favorable tax rate to capital gains. Since a considerable majority of Simon's money came from capital gains which are taxed at 20%, your numbers come out skewed (if simon made a billion dollars in capital gains, his tax rate would be even lower, but would never dip under 20%). Also capital gains are a return on a long term risk, salary is not.
mentioned some various ways he reduced his taxable income down to $6.29million
Probably through capital loss. The risks he took that lost money.
According to California v. Greenwood, the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home.
The police can search your trash only if it has been left where trash collection would normally pick it up. If that place is on your private property, only then can the police search your trash. In my neighborhood, the police cannot search my trash until I move it OFF my property because the trash truck has an automatic arm that can't reach into my yard.
To JBoss's credit, they do offer a basic manual for free.
The JBoss 3 Getting Started manual is not something to give any credit for. It is outdated, you have only to get a couple paragraphs into the manual before it tells you something that is just plain wrong anymore. The person who was writing the manual, Andreas Schaeffer, left the JBoss Group and was recently kicked off the JBoss project at Sourceforge (they did have a good reason for doing so). The link from JBoss.org goes to draft 3 of the Getting started manual, even though draft 4 has been out since august (you just have to search for it - but it still contains assorted incorrect information and bad grammar).
Andreas did a lot of work on the Getting Started Manual, but I don't think he is a native english speaker. The manual looks like it was passed through a spell checker, but the grammar is so bad at spots, you can not tell what is being said. JBoss Group claims that it has high quality documentation that has been written by the authors of JBoss and edited by professional editors... If the getting started manual is any indication of the professional quality of JBoss documentation -- and why shouldn't it be? It is the first documentation anybody is likely to see when they first investigate JBoss, this is where they would put their best foot forward -- I see no reason to buy any of it.
The effect of this is seen with radiometers: those light-bulb shaped things with alternating black and white "propellers". The differential in how they react to the incoming photons makes it spin.
The only affect of photons a Crooke's Radiometer shows is that black objects absorb them and get warmer because of it. It has nothing to do with light pressure.
Slashdot Mirror
Hey, it keeps the water out.
You must be very sauve. Normally I'd think it'd keep the girls out too. Didn't Adam Sandler write a song about this?
I didn't realize they taught much calculus at those colleges.
Try arguing that you use the word "nigger" to mean idiot (i actually know people like this) and that you just mean "idiot," with no offense to black people.
I think the problem with this analogy is that "nigger" was originally used as a derogatory term used by whites in america in support of their oppression of blacks.
"Gay" on the other hand originally meant 'cheerful' or 'happy' (I think the OED has a dozen different definitions of the word, all meaning generally good) and was adopted by the homosexual community to cheerlead the fact that they were happy with their decision and their lifestyle.
The word "gay" has evolved several times in our language, I would reject the supposition that it should stop now that it has been adopted by a persecuted group.
I think this is moral gray area. What the person was doing was distributing a derivative work when he did not have rights to the original, but claiming it was okay because he only distributed it to people who already had the original work. It would open a box of potential issues if this sort of thing were permitted.
Take for example a work of fiction. Authors generally have a copyright on the fictional characters in their book. But say someone wrote a book using the same fictional characters and this new book could be created by rearranging paragraphs in the original work, adding a few extra chapters, and expunging a few more. If the book is only sold (note the for-profit nature of the enterprise) to owners of the "original work", arguing that they could have reassembled your story themselves, has a copyright violation occurred?
It's an exaggeration of the xbox modchip issue, but if you start allowing people to sell derivative works to owners of the original material, it isn't an unlikely scenario. You can always sell instructions on how to construct the second book from the first... just as it is legal to sell the blank modchips and instructions for ripping the original bios.
I'm not overly fond of Microsoft and I don't like the DMCA, but I think the decision was correct.
the point that I was making was that there are many many places in the world where diamonds are produced.
The link you furnished said there are only 3 major locations producing gem quality diamonds. Does 3 count as "many many"?
It also said that synthetic diamonds are threatening the natural diamonds for industrial use... which was my point... Did you notice the cost of industrial diamonds? 50 cents to 5 dollars per CARAT?! That's really cheap. But like I said, if you can synthesize it and produce it anywhere, entrepreneurs will step in and produce them cheap. This is exactly what happened, and is what you said wouldn't happen in the real world.
the thing is that by just being all "factual" as you are trying to be - you accomplish nothing. by saying "evey profitable business" that doesnt make you sound more intelligent - but more uninformed.
Wow, ad hominem... very classy.
debeers is a monopoly - a recognized monpoly almost all over the world...
Hmmm, let's see what I wrote in my post: Because unlike De Beers, they have competition.
- Yup, looks like I said De Beers is a monopoly. What point are you arguing here?
restaurants is a poor example in that people NEED to eat
Notice how none of my argument concerned eating... Unless you eat toothpicks.
but do we NEED diamons?
We need them for industrial use. This just happens to be where they are their cheapest because market forces have driven them down.
This is the wackiest pseudo-economics I've ever read here.
/.?! Go put together a business plan. If you can show your geology is for real, the investors will beat a path to your door.
They will want to drive the price up as far as they can jsut like DeBeers did
This is the goal of every for-profit business. You know why restaurants don't create an artificial shortage of toothpicks and charge you $10 for a wooden implement to clean USDA Prime T-Bone from your teeth? Because unlike De Beers, they have competition.
People believed in mass scale collusion between corporate players in the early 90's when there was a sudden spike in the demand for RAM and the price soared. I still have $33 1 Megabyte SIMMs I bought in the early 90's. After seeing the thirst the public had for SIMMs and the fact they'd pay outrageous prices for them, the market was ripe for an extended "shortage of supply". The existing companies probably tried to play this card... but anybody with enough capital to build a fab in malaysia could start pumping out RAM chips on the cheap. And if they wanted to make money as an unknown brand, they would have to sell their product substantially cheaper than the competition so that the public would accept the risk of an unknown manufacturer. This is exactly what they did... they undercut the big manufacturers... the result... 128MB DIMMs are listed at $16 today on pricewatch... one two hundred fiftieth the cost per meg they were 10 years ago...
What does this have to do with artificial diamonds? Simple, if the demand is high and so is the price, anybody with enough capital to build a fab in malaysia can start producing them cheap.
The RAM chip industry had eager investors and unscrupulous businessmen. Didn't make much difference. Capitalism... it isn't just a neat economic theory. All around you are examples of market demand driving competition and competition driving prices.
The whole argument about diamond deposits being geographically localized is debatable in that there seems to be evidence that diamonds are much more widely available and common than reported
If you know somewhere where there are large deposits of gem quality diamonds... WHY ARE YOU POSTING ON
The artificial diamond makers will then try to pull a "deBeers" on the mrket..
"de Beers" was able to pull a "de Beers" because the diamond deposits were geographically localized. Artificial diamonds can be produced anywhere. If demand surges, entrepreneurs will fill the supply void and prices will be kept low.
With photo analysis skills like that, you probably think the moon landing was a hoax too. I think the sensible among us can see that in the second photo the gun is slack and pointing at the ground, at worst perilously close to people's legs.
So now please answer why JBoss needs to be compliant other than allowing legacy to run?
Because if JBoss is not compliant, nobody will use it. The fact that it is open source is a really poor argument for not needing standards compliance. Should GCC's cc be non-ANSI C since if you needed it to be ANSI C you could just open up the source and make it conform? The Apache HTTPD server is compliant to the HTTP spec. Tomcat is a reference implementation of a servlet container.
There's an ocean of difference between being able to access the source code and being able to effect changes to that source code. Open source should conform to standards.
The points the article raises are valid. However we've had voice comm enabled in PC games for a long time and have all this is old news. The biggest reason I'm reluctant to give up my Half-Life based games is not just because they are really cool, but the built in voice chat is far superior to any external voice chat program I've seen (Roger Wilco or BattleCom).
Alternately that clause can be interpreted as:
"You must use a Sony CD-Player/PC to rip Sony CDs, since they provide such a player."
Let's look again at clause B:
(B) copyright holder fails to make publicly available the necessary means to make such noninfringing use without additional cost or burden to such person.
So no, they can't just say "for $10,000 you can buy this device to make backups of our protected CDs". They either provide it for free, or some clever hacker out there can provide it for them. They can provide a free tool to rip the content in a lower quality format. It is hard to say just how "low" the quality could be before arguments are made that the rip is substantially different.
Like most DSL subscribers, my DSL comes in on a copper pair that is essentially unbroken between myself and my CO. I'm betting I'm not having to share bandwidth until my traffic hops on to the fiber connecting the CO to the regional hub. That's probably why I generally get 1.5Mbps sustained regardless of the time of day I use the net. A whole lot of someones in my neighborhood will have to soak up bandwidth before the net is slow for me. When that happens, any T1's belonging to the same ISP will probably route their data onto the same fiber and will have to share with me.
Technically they don't.... but put yourself in the position of the hiring company...
The hiring managers have college degrees...
The tech leads have college degrees...
Most of those interviewing you have college degreees...
There are 5 other applicants with the same skill set and years of experience as you who have college degrees...
Whom do you think they are going to prune from the list first? Back in the hey day of the dot com era, they didn't have 5 other applicants, you were the only one. They were ecstatic to see you because they were tired of having to hire people with no experience or training. It isn't like that anymore.
Get a degree.
If the plaintiff cannot produce enough evidence to show that he has a reasonable chance of winning the case in court, the defendant can make a motion for summary judgement.
If the judge thinks that carrying the proceeding to trial would clearly be a waste of court time, he can then throw the case out.
It's the software licenses themselves that put the burden of proof on the consumer.
I've read my EULA, I have not consented to such. Can you point out a link to an EULA that permits random audits and requires paper documentation for proof of compliance?
Yes, "innocent until proven guilty" is not applicable to civil suits
Actually it is. It's just that the bar is lower.
Let's say that you can't find proof that you purchased some of the software you purchased. You then have to pay for that AGAIN. If you don't pay them for it, and they audit you, you then have to pay for it anyway, plus exorbidant fines because you couldn't proove that you weren't guilty of a crime.
Any case law you can point out that supports this? Even if BSA audits you and you cannot show proof of purchase, they still must show that based on the preponderance of the evidence, you did not legally come by it.
Under the Constitution of the United States, it is not my responsibility to prove my innocence, it is your responsibility to prove my guilt. If you can't prove my guilt, I am to be considered innocent. The BSA has neatly ignored this, and gotten courts to go along with unconstitutional legislation. Fines are imposed without trial, and without proof of guilt, in direct opposition to the Constitution.
You are aware that the primary purpose of the Constitution is to outline and limit the powers of the government, right? This is a civil suit we're talking about. And which courts have gone along with this? I'm betting that the BSA usually settles out of court, they have a fairly difficult task in court. They'll make you a deal that will cost you less than defending yourself in court.
Could you back this up with some links or something? I didn't remember seeing that agreement in any EULAs I had seen, so I googled for BSA auditing and it seemed pretty clear that they'll send a letter out to anyone. They seem especially fond of companies with disgruntled ex employees.
I find it difficult to believe that even under contract law a court would hold a harrassment clause enforceable. They can't audit on a whim without compensation - they need some evidence of wrongdoing.
I also couldn't find anywhere in an EULA anything about agreeing to keep records of possession.
And this chan is about file-sharing and it should be legal caus they mostly share series recorded from TV.
Hmmmm, that must be some good weed you're smoking, can I buy an ounce?
Maybe even have it draw fractal patterns or somthing.
Like the MandelCrop Set?
Oh good... it wasn't just me!
What the hell kind of contentless uninteresting crap is that for the front page? I expected that to be filed under "stuff that isn't particularly interesting or funny" or a similar topic.
If your game is not a $2 million 3D rendered "hunk of shit", then some student on break between quarters/semesters is going to fire up their copy of Visual C++ and have a clone of your game out in a month. The tools of creation are so advanced that the difference between a shareware game and a professional game is two million dollars of art resources, story line, and AI. It is not uncommon to see 'write a clone of Tetris' as an assignment/project in an upper division CS class.
In fact the first time I saw Tetris was as a shareware clone for my Amiga.
Does the federal tax amount include social security? Your social security tax stops after you've paid 80,000 taxed dollars into the pot. You're going to get an unweighted result with that comparison.
Additionally... $7,170,000 in capital gains... capital gains are taxed at a lower rate. In order to encourage long term investing, which stabilizes the economy, the government gives a favorable tax rate to capital gains. Since a considerable majority of Simon's money came from capital gains which are taxed at 20%, your numbers come out skewed (if simon made a billion dollars in capital gains, his tax rate would be even lower, but would never dip under 20%). Also capital gains are a return on a long term risk, salary is not.
mentioned some various ways he reduced his taxable income down to $6.29million
Probably through capital loss. The risks he took that lost money.
According to California v. Greenwood, the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home.
The police can search your trash only if it has been left where trash collection would normally pick it up. If that place is on your private property, only then can the police search your trash. In my neighborhood, the police cannot search my trash until I move it OFF my property because the trash truck has an automatic arm that can't reach into my yard.
To JBoss's credit, they do offer a basic manual for free.
The JBoss 3 Getting Started manual is not something to give any credit for. It is outdated, you have only to get a couple paragraphs into the manual before it tells you something that is just plain wrong anymore. The person who was writing the manual, Andreas Schaeffer, left the JBoss Group and was recently kicked off the JBoss project at Sourceforge (they did have a good reason for doing so). The link from JBoss.org goes to draft 3 of the Getting started manual, even though draft 4 has been out since august (you just have to search for it - but it still contains assorted incorrect information and bad grammar).
Andreas did a lot of work on the Getting Started Manual, but I don't think he is a native english speaker. The manual looks like it was passed through a spell checker, but the grammar is so bad at spots, you can not tell what is being said. JBoss Group claims that it has high quality documentation that has been written by the authors of JBoss and edited by professional editors... If the getting started manual is any indication of the professional quality of JBoss documentation -- and why shouldn't it be? It is the first documentation anybody is likely to see when they first investigate JBoss, this is where they would put their best foot forward -- I see no reason to buy any of it.
The effect of this is seen with radiometers: those light-bulb shaped things with alternating black and white "propellers". The differential in how they react to the incoming photons makes it spin.
The only affect of photons a Crooke's Radiometer shows is that black objects absorb them and get warmer because of it. It has nothing to do with light pressure.