Most of the terms of service agreements prohibit reselling the service. "Sharing" with a Neighbor could be considered reselling even if some currency other than money is used to pay for it...
BTW, it they wanted to find people hooking up wireless hubs, all they would have to do is install a wireless node in their repair trucks that tried to connect to any present wireless node and ping a known machine that was only mapped within their network.
You might want to ask somebody to co-lead it with you. "To allow for coverage while you are away". After they get up to speed, you can just fade into the background and let them take over. Or maybe you'll find that when you are sharing the load, you won't want to completely stop.
An you are, of a course, aware that "complainer" is another word for "volunteer".
I believe there are requirements to stick to the spec in the licenses, but I think a more fruitful approach would be the various product labeling laws. Using the CD logo and the spelling "compact disc" probably makes one legally obligated to stick to the Red Book Standard.
Somebody needs to write a "CD Tester" Application that tests CDs for Red Book compliance. The program would simply try to read the entire CD and report all errors from the CD player. At the end, it would produce a message to the effect that the CD was defective if there were any errors.
As the artical pointed out, this is supposed to be extending the existing phone number logging web access. Given that is the intent of the law, the govt agencies would be well advised to not interpret it literally. If they do, there is a good chance of having their cases tossed out of court... I would think that the most they could conceivably use safely would be the domain name portion of a URL and even that carries some content. The IP address (without the domain name) sounds like it would be covered, though.
If "we are all artists", how come there are only a few artists like Duke Ellington, Ray Charles, Jimi Hendrix and Sting in each generation. Surely if everyone has the ability, then every artist that gets a recording contract should put out music that is just as good -- every time they make an album.
The OAL is a screw job for anybody who signs it: The last clause makes the author THE legal target for any infringemtn lawsuits. Here is the text:
"Warranty. By offering an original work for public release under this license, the Original Author warrants that (i) s/he has the power and authority to grant the rights conveyed herein, and (ii) use of the work within the scope of this license will not infringe the copyright of any third party."
Somebody else could pick up the piece, promote the hell out of it and distribute millions of copies. The original author would be forced to defend the resulting nuisance lawsuits (with no income to pay the lawyers out of). Copyright infringement is a grey area and as soon as there is money to be made, the nuisance suits start popping up.
I think it depends on the tools a lot and also on what you are doing.. For example, Codewarrior is really good and really fast. It's nice not to have to manually edit dependency lists in makefiles... The windowing debugger is cool -- very fast for debugging simple things, but I miss being able to script breakpoints (i.e., it's not so good at going after the really nasty bugs). For C++, the class browswer is a real time saver.
ProjectBuilder (the OS X GUI development tools) is not quite as good. For starters, it's build on top of CLI stuff. The down side of that is that it's a lot slower and (as others have pointed out) not everything is implemented in the GUI and it has not provisions for getting at the CLI from the GUI. For example, you must stop debugging the program from GUI and run GDB from the command line if you want to use breakpoint scripts (or numerous other things).
There isn't even a clear cut distinction between the two environments. Even CLI people use full screen text editors (which is a GUI of sorts). I don't see anybody using "ed" to edit files these days (I remember using UNIX when that was the ONLY editor..).
This isn't a copy protection issue, this is a consumer protection issue. The record industry is selling defective CDs.
They are intentionally violating industry standards (Red Book). Not to mention the fact that the interpolation was always optional and the quality varies considerably from player to player.
Somebody should write test program that detects defective CDs: It should print out the E32 and BLER error rates so consumers and reviewers can test their CDs and return them for a replacement if they are defective. If the replacement is defective, they should return the replacement, too....;-)
There is professional test equipment that does this, but we need something that can run in a computer with a stock drive.
I got tendonitis from typing on an early 80's vintage computer terminal for a large number of 12 hour days with bad posture. I had it in the extensors; so, it was not carpal tunnel (actually, piano players are the ones who usually get carpal tunnel -- and that's not new, it's a time honorred career killer for musicians).
It took me a year and a half to recover, and I later learned that the physical therapist who was taking care of me completely screwed up. One should be using cold initially, in conjunction with anti-inflamtories (Naproxen is really good) to bring the swelling down. Once the swelling is down, you need warmth to increase blood flow so it can heal (and keep taking the anti-inflamatories).
Once I got over it, I got a wrist support to keep my hands in the right position and haven't had a problem since. I've come close a few times, but I know what it feels like when you are getting close and I know enough to stop. Of course, my piano playing has never been quite the same, but I get by...
With the newer keyboards, the wrist supports no longer seem to be necessary. I think it's quite possible that better keyboard design has made the situation a lot better. The mouse bothers me some, now, but changing posture seems to work for me...
Sounds like you have same screwed up PT (physical therapist that I had). I had tendonitis that took a year and a half to get over. It should have taken a month or two tops: I wasn't given any anti-inflamatories (which help big time) and was told to use cold. Cold is great right after you have overdone it, but you need to increase blood flow for it to heal.
Well, I wore flaired pants in 1967; so, I guess I win hands down... I've been a grundge propent years ahead of time, too.
Let's try a manual run-through here. My all time favorite acts are Growling Tiger, the Skatalites, Santana (older live stuff), Yuri Yunikiov (New Directions in Bulgarian Wedding Music) and Benny Goodman (Live at Carnegie Hall).
Predict three other things that I will like.
My selection of cool new artists is Tim Gearan, Dennis Brennen and Laurie Geltman.
Re:Different brodcaster licenses...
on
Launchcast Sued
·
· Score: 1
If you read the text of the statutory license (and not the RIAA summary), it's pretty clear launch could be in the clear, but only if they follow a bunch or rules which state how often a given artist can be played. There is the three hour rules (no more than 2 songs every three hours), but there are a number of rules about using repeating playlists that depend on how long the playlist is. They may, in effect, be getting sued because their algorithm wasn't random enough.
Nobody will buy it because it costs more. The whole reason people buy PCs is because they are the cheapest thing out there. And they always buy the cheapest ones.
I don't think so. HR 1017 appears to mandate OPT-IN; although, the wording is not clear and taken out of context:
"the term 'unsolicited electronic mail message' means any substantially identical electronic mail message other than electronic mail initiated by any person to others with whom such person has a prior relationship, including prior business relationship, or electronic mail sent by a source to recipients where such recipients, or their designees, have at any time affirmatively requested to receive communications from that source; "
But I like the other one better. Actually, given that I have my own domain name, I like the other one a LOT better (Let's see, at $1000 per spam).
1. Songwriters DO get paid when a record is sold. About 7 cents per song per copy. It's called mechanical royalties.
2. It is, a standard (aka compulsory) rate set by the government; although, it can be negotiated lower. The Harry Fox Agency collects mechnical royalties.
3. Bands who write their own songs and sign major label contract usually don't see any of this money. Other songwriters usually do get it.
4. The radio station/club royalties are lumped under the term "performance royalties" (back when bands played live on the radio, the term made sense:-). The post is correct in that the hit writers get most of the money collected. Bands that write thier own material lose. ASCAP/BMI/SESAC/etc collect these.
This is what the record companies are trying to avoid paying mechanical royalties for internet downloads, because it would be substantially more money than performance royalties.
IMO, this is a case where neither model quite fits. Most downloaded MP3s will get listened to a few times and then deleted (hell, I've downloaded MP3s and never gotten around to listening to them before I needed the disk space). OTOH, they do stick around longer than a radio broadcast.
Some intermediate rate would be best and it might also be best to determine the split based partially on random sampling of the contents of people's hard drives, rather than the number of downloads.
If they really want to fix the trademark problem, they need to use the top four domain levels as follows:
mark.category.country.tmk
Using my trademark as an example, that would be "curbside-recording.ent.us.tmk". Why? Because each country has their own trademarks and each trademark office assigns trademarks to different industry groups that don't compete with each other. The registration authority would be the trademark authority for the country. Anything else will be lawsuit bait.
But you can't produce a CD titled "Greatest Show on Earth". Because the CD is a commercial venture and both companies are in the entertainment field.
Of course that had nothing to do with trademarking a "title" for anything. It's simply using the name to describe an entertainment venture in a way that would cause confusion.
Than again, diablo is a very weak trademark in that it is a work, not a phrase...
ACLs (at least in the implementations I've seen) are too cumbersome because they are too hard to maintain. One ends up having to copy the same ACl onto hundreds of directories (which is not so bad). The bad part is when have to change it: You need a tree walk program to make the change to all 100 directories.
One possibility would be to have some named object in the file system which defines a set of access rights. That named object would be referenced from all the directories (and optionally files) it should control access to.
There are a number of articals in the latest JACM on security which are very relevant to this discussion, too. One of them discussed making access control be task based rather than object based. In other words, users get assigned to one or more tasks (aka groups) and each task defines the access to all ojects somehow (the somehow is the hard part...).
Stratus Computer has been doing this for 15 years over phone lines. It works great (I've debugged problems on computers half way around the world). You still need to keep the phone support, though.
Most of the terms of service agreements prohibit reselling the service. "Sharing" with a Neighbor could be considered reselling even if some currency other than money is used to pay for it...
BTW, it they wanted to find people hooking up wireless hubs, all they would have to do is install a wireless node in their repair trucks that tried to connect to any present wireless node and ping a known machine that was only mapped within their network.
You might want to ask somebody to co-lead it with you. "To allow for coverage while you are away". After they get up to speed, you can just fade into the background and let them take over. Or maybe you'll find that when you are sharing the load, you won't want to completely stop.
An you are, of a course, aware that "complainer" is another word for "volunteer".
I believe there are requirements to stick to the spec in the licenses, but I think a more fruitful approach would be the various product labeling laws. Using the CD logo and the spelling "compact disc" probably makes one legally obligated to stick to the Red Book Standard.
But what do you do if it doesn't turn them off...
Somebody needs to write a "CD Tester" Application that tests CDs for Red Book compliance. The program would simply try to read the entire CD and report all errors from the CD player. At the end, it would produce a message to the effect that the CD was defective if there were any errors.
As the artical pointed out, this is supposed to be extending the existing phone number logging web access. Given that is the intent of the law, the govt agencies would be well advised to not interpret it literally. If they do, there is a good chance of having their cases tossed out of court... I would think that the most they could conceivably use safely would be the domain name portion of a URL and even that carries some content. The IP address (without the domain name) sounds like it would be covered, though.
If "we are all artists", how come there are only a few artists like Duke Ellington, Ray Charles, Jimi Hendrix and Sting in each generation. Surely if everyone has the ability, then every artist that gets a recording contract should put out music that is just as good -- every time they make an album.
The OAL is a screw job for anybody who signs it: The last clause makes the author THE legal target for any infringemtn lawsuits. Here is the text:
"Warranty. By offering an original work for public release under this license, the Original Author warrants that (i) s/he has the power and authority to grant the rights conveyed herein, and (ii) use of the work within the scope of this license will not infringe the copyright of any third party."
Somebody else could pick up the piece, promote the hell out of it and distribute millions of copies. The original author would be forced to defend the resulting nuisance lawsuits (with no income to pay the lawyers out of). Copyright infringement is a grey area and as soon as there is money to be made, the nuisance suits start popping up.
I think it depends on the tools a lot and also on what you are doing.. For example, Codewarrior is really good and really fast. It's nice not to have to manually edit dependency lists in makefiles... The windowing debugger is cool -- very fast for debugging simple things, but I miss being able to script breakpoints (i.e., it's not so good at going after the really nasty bugs). For C++, the class browswer is a real time saver.
ProjectBuilder (the OS X GUI development tools) is not quite as good. For starters, it's build on top of CLI stuff. The down side of that is that it's a lot slower and (as others have pointed out) not everything is implemented in the GUI and it has not provisions for getting at the CLI from the GUI. For example, you must stop debugging the program from GUI and run GDB from the command line if you want to use breakpoint scripts (or numerous other things).
There isn't even a clear cut distinction between the two environments. Even CLI people use full screen text editors (which is a GUI of sorts). I don't see anybody using "ed" to edit files these days (I remember using UNIX when that was the ONLY editor..).
Hell, send them thier own IP address...
This isn't a copy protection issue, this is a consumer protection issue. The record industry is selling defective CDs.
;-)
They are intentionally violating industry standards (Red Book). Not to mention the fact that the interpolation was always optional and the quality varies considerably from player to player.
Somebody should write test program that detects defective CDs: It should print out the E32 and BLER error rates so consumers and reviewers can test their CDs and return them for a replacement if they are defective. If the replacement is defective, they should return the replacement, too....
There is professional test equipment that does this, but we need something that can run in a computer with a stock drive.
The problem with modems is that you will have to reconnect hourly because the are constantly screwing up.
I got tendonitis from typing on an early 80's vintage computer terminal for a large number of 12 hour days with bad posture. I had it in the extensors; so, it was not carpal tunnel (actually, piano players are the ones who usually get carpal tunnel -- and that's not new, it's a time honorred career killer for musicians).
It took me a year and a half to recover, and I later learned that the physical therapist who was taking care of me completely screwed up. One should be using cold initially, in conjunction with anti-inflamtories (Naproxen is really good) to bring the swelling down. Once the swelling is down, you need warmth to increase blood flow so it can heal (and keep taking the anti-inflamatories).
Once I got over it, I got a wrist support to keep my hands in the right position and haven't had a problem since. I've come close a few times, but I know what it feels like when you are getting close and I know enough to stop. Of course, my piano playing has never been quite the same, but I get by...
With the newer keyboards, the wrist supports no longer seem to be necessary. I think it's quite possible that better keyboard design has made the situation a lot better. The mouse bothers me some, now, but changing posture seems to work for me...
Sounds like you have same screwed up PT (physical therapist that I had). I had tendonitis that took a year and a half to get over. It should have taken a month or two tops: I wasn't given any anti-inflamatories (which help big time) and was told to use cold. Cold is great right after you have overdone it, but you need to increase blood flow for it to heal.
I finally found an artical in keyboard magazine.
Well, I wore flaired pants in 1967; so, I guess I win hands down... I've been a grundge propent years ahead of time, too.
Let's try a manual run-through here. My all time favorite acts are Growling Tiger, the Skatalites, Santana (older live stuff), Yuri Yunikiov (New Directions in Bulgarian Wedding Music) and Benny Goodman (Live at Carnegie Hall).
Predict three other things that I will like.
My selection of cool new artists is Tim Gearan, Dennis Brennen and Laurie Geltman.
If you read the text of the statutory license (and not the RIAA summary), it's pretty clear launch could be in the clear, but only if they follow a bunch or rules which state how often a given artist can be played. There is the three hour rules (no more than 2 songs every three hours), but there are a number of rules about using repeating playlists that depend on how long the playlist is. They may, in effect, be getting sued because their algorithm wasn't random enough.
Nobody will buy it because it costs more. The whole reason people buy PCs is because they are the cheapest thing out there. And they always buy the cheapest ones.
I don't think so. HR 1017 appears to mandate OPT-IN; although, the wording is not clear and taken out of context:
"the term 'unsolicited electronic mail message' means any substantially identical electronic mail message other than electronic mail initiated by any person to others with whom such person has a prior relationship, including prior business relationship, or electronic mail sent by a source to recipients where such recipients, or their designees, have at any time affirmatively requested to receive communications from that source; "
But I like the other one better. Actually, given that I have my own domain name, I like the other one a LOT better (Let's see, at $1000 per spam).
There are some factual errors here.
:-). The post is correct in that the hit writers get most of the money collected. Bands that write thier own material lose. ASCAP/BMI/SESAC/etc collect these.
1. Songwriters DO get paid when a record is sold. About 7 cents per song per copy. It's called mechanical royalties.
2. It is, a standard (aka compulsory) rate set by the government; although, it can be negotiated lower. The Harry Fox Agency collects mechnical royalties.
3. Bands who write their own songs and sign major label contract usually don't see any of this money. Other songwriters usually do get it.
4. The radio station/club royalties are lumped under the term "performance royalties" (back when bands played live on the radio, the term made sense
This is what the record companies are trying to avoid paying mechanical royalties for internet downloads, because it would be substantially more money than performance royalties.
IMO, this is a case where neither model quite fits. Most downloaded MP3s will get listened to a few times and then deleted (hell, I've downloaded MP3s and never gotten around to listening to them before I needed the disk space). OTOH, they do stick around longer than a radio broadcast.
Some intermediate rate would be best and it might also be best to determine the split based partially on random sampling of the contents of people's hard drives, rather than the number of downloads.
If they really want to fix the trademark problem, they need to use the top four domain levels as follows:
mark.category.country.tmk
Using my trademark as an example, that would be "curbside-recording.ent.us.tmk". Why? Because each country has their own trademarks and each trademark office assigns trademarks to different industry groups that don't compete with each other. The registration authority would be the trademark authority for the country. Anything else will be lawsuit bait.
I don't think the RIAA will go after this with much vengence unless somebody posts passwords on a public bulletin board.
AOL, on the other hand is very likely to sue them for trademark infringement.
Just wanted to point out that legal downloads from musicians who WANT you to download can be found at:
IUMA
UBL (Artist Direct)
mp3.com
vitaminic
mp3.fr
rollingstone.com
Amazon.com has a free downloads section in the music department
And for money:
emusic.com
But you can't produce a CD titled "Greatest Show on Earth". Because the CD is a commercial venture and both companies are in the entertainment field.
Of course that had nothing to do with trademarking a "title" for anything. It's simply using the name to describe an entertainment venture in a way that would cause confusion.
Than again, diablo is a very weak trademark in that it is a work, not a phrase...
ACLs (at least in the implementations I've seen) are too cumbersome because they are too hard to maintain. One ends up having to copy the same ACl onto hundreds of directories (which is not so bad). The bad part is when have to change it: You need a tree walk program to make the change to all 100 directories.
One possibility would be to have some named object in the file system which defines a set of access rights. That named object would be referenced from all the directories (and optionally files) it should control access to.
There are a number of articals in the latest JACM on security which are very relevant to this discussion, too. One of them discussed making access control be task based rather than object based. In other words, users get assigned to one or more tasks (aka groups) and each task defines the access to all ojects somehow (the somehow is the hard part...).
Stratus Computer has been doing this for 15 years over phone lines. It works great (I've debugged problems on computers half way around the world). You still need to keep the phone support, though.