Even you use the phrase "adding one note", meaning he TOOK THE ORIGINAL and modified it. A derivative work in any other industry.
Make no mistake, this was a derivative work in the music industry as well.
If Queen's publishers had taken the issue to court, and Van Winkle offered the defense that one extra repetition of an 8th note made the music substantially dissimilar, he would have lost, and probably been found liable for more in damaged than he paid in the out-of-court settlement.
You are aware that Vanilla Ice reached an out-of-court settlement with the copyright holders of "Under Pressure" for using the material?
And that for the better part of 20 years now, most commercially-released music that contains samples of other music has gone through a clearance process such that lawsuits related to unlicensed sampling are quite rare these days?
'Sampling' is legal because the original creators are compensated fairly for their work. That does not appear to be the case with "Limbo of the Lost".
(Or, for that matter, the original sidescroller Duke Nukem games, which 'sampled' graphic resources liberally from other PC games...)
I imagine it's generated (DNRTFA), but it sounds a lot like a violin.
Sounds like a motor, possibly from a tape reel or a cardpunch, to me.
A loudspeaker, assuming anyone had been inspired to connect one to a computer's data bus back then, would likely have generated audible pitches by switching between logical 0 and 1 at various intervals -- a simple square wave, in other words. The timbre heard on the recording is more harmonically rich than that. In fact, it reminds me quite a lot of the sound of the Atari 2600's TIA sound generator.
It's also noticeably limited in the number of frequencies it can generate -- many notes are painfully out of tune from the Western scale. Motors not generally being designed to produce specific pitches, this behavior seems consistent with a component being used for something other than its intended use.
This is not the oldest known example of an electronic tone generator (by several decades), but may well be the first "sequencer" program for storing and reproducing musical events.
Now, there *are* options that typically aren't on the table like nuclear weapons and chemical agents, but other than that, yeah... fight to win, otherwise, you're just wasting lives.
If you were really serious about winning, you wouldn't support leaving any options off the table. We'd be gassing and nuking "those bastards" on day one, killing millions of them but keeping our own boys safe.
Or perhaps the issue isn't as absolute as you'd like to believe?
When the mob and the press and the whole world tell you to move, your job is to plant yourself like a tree beside the river of truth, and tell the whole world - "No, you move."
When they mob and the press and the whole world disagree with you about something, Occam's Razor suggests that they're right and you're wrong, and your river of truth is polluted.
It could be considered slander if I said that he took bribes from corporations to start a war that killed thousands, US citizens and "others" alike, while lying to the US population to justify it. It certainly is slander when I say the US government sells laws to the highest bidder.
That would only be slander if you KNEW -- or had reasonable cause to believe -- that the statements you were making were false but made them anyway with the intent to harm the subjects.
There might be grounds for "the US government" to take you to court over such claims (they wouldn't -- no resources to handle the 50 million slander cases they might have to file against people who believe what you do), but they'd still have to prove that you KNEW they don't sell laws to the highest bidder to prevail.
$89K is not a high salary in this day in age...it is middle class...medium-low end of it really.
The numbers do not agree with your skewed perception, friend.
Based on the statistics contained in Wikipedia's article on Household income in the United States, a household with an income of $89K would be well within the second quintile, considered by analysts at the New York Times and elsewhere to be "Upper Middle Class". (In fact, a household where one income earner had an $89K salary would likely be even higher than that, as most households in the top two quintiles have multiple income earners.)
The actual income level for a "medium-low-middle-class" household as you describe would be closer to $30K/year than $90K.
For those who just see the numbers and have no idea about cost of living, $700 for an apartment is awesome in the midwest, but $1400-1600 in the Valley will at least keep you out of the bad neighborhoods. After gas, food, and utilities, you'd be lucky to have anything left over to go out and socialize. In the midwest, you'd live like royalty.
Maybe what AAPL and other tech companies need to do, then, is set up offices in the Midwest -- say, an hour outside of an air transit hub like St. Louis or Chicago -- and entice skilled developers to move there with the promise of living like royalty on a $70k salary.
Or, maybe Yahoo and Google's engineers are actually overvalued, and Apple is doing the right and should continue doing it.
Unless they were brought in to do a Java rewrite, and that doesn't appear to be the case, they should have been spending their time working in [original obscure language].
Your assumption is that [original obscure language] is well supported and maintainable; if it's truly obscure (note: COBOL isn't), it may very well be neither.
If the entire application had been originally coded in 6502 assembler, to give an insane example, would you not agree that porting it to a better-supported and more maintainable language would be critical for future success?
Almost everything stated is based on opinion. It reeks of "amateur", and would be ripped apart by just about any manager it was given to.
Mr. Webster already refuted your opinion (ironic?) of the memo better than I could, but let me remind you that this is just a memo, not a comprehensive autopsy. More detailed information about how specific conclusions were reached can be provided if/when the recipient of the memo requests it.
"These are the grounded assessments of top-notch IT professionals who have among them a century or two of experience bringing projects to completion -- particularly those involving [specific IT] technology -- and who are down in the FUBAR trenches every day."
To reiterate, he's talking about a team of consultants here, right?
"Good software means lacking in bugs, maintainable, modifiable, scalable, etc..."
I disagree with all but the first one.
Software is a tool. A hammer is a tool, too, but we don't expect it to be maintainable, modifiable, or scalable. There are different kinds of hammers for different tasks, just as there are different kinds of software. Yet we do expect a good hammer to be lacking in bugs: a design flaw that makes the hammerhead splinter into jagged shards upon impact would be considered unacceptable.
I would say that Good Software is that which has reliable behavior, and is well suited to its intended task. That's all.
The Washington Post is boycotting the AP over this.
No, they're not.
As I write this, there are no fewer than two AP stories on the washingtonpost.com homepage, and that's just the ones where the byline is displayed on the homepage rather than just on the story page itself.
Your first clue should have been that the author of the editorial you linked to was not credited as Editor-In Chief, Washington Post.
Every time ray tracing technology is shown off, I can't help but marvel that the long held dream of games filled with reflective spheres can finally be enabled.
Perhaps within the next fifty years, we will be able to authentically recreate the visual experience of playing a pinball machine that was build fifty years ago.
the amount of FPSism that abounds in certain sectors of the geek community, you'd think that they'd be desensitized to guns by now.
Guns in real life aren't like the ones encountered in most FPSes: 1) They are not twice the thickness of your arm and do not shoot plasma bolts. 2) You cannot get shot a dozen times in a row and have your health meter drop by only 20%.
I have never, ever, in my life, found a child porn, nor seen it. It is pretty simple, I think. I have never looked for it, so I never found it.
You've never played the game "Hey, what's in this alt.binaries.* group with the weird name that doesn't seem to reference children or pornography in any way?"...
Is there actually a big problem with people getting hassled for giving/selling promo CDs, or am I missing some other broader implication as a result of this decision?
This decision affirms a principle that most of us would consider self-evident: if you give something away, you can no longer claim to own it.
The current Congress is filled with chickenshit liars and cowards.
The current Congress is filled with Democrats and Republicans, who, in an election year, can be counted on to vote along party lines on any issue with the kind of visibility that impeachment proceedings carry.
The House is split 236-199, which would give them the simple majority required to refer it to the Senate to be tried, but a conviction in the senate would require 67 votes, and they're split 49-49-2. If there were an impeachment trial, Bush (and/or Cheney) would end up exonerated.
Justice will not be served in the political theater of Congress. Perhaps the government that gets seated next January will be interested in referring matters to the criminal courts, though.
[Conservatives] value the following rights as tantamount to freedom: a) free speech, b) freedom of commerce, c) the right to hold property and d) the right to get income from the investment of that property.
I note bemusedly that of these four, only one is explicitly guaranteed by The Constitution and its amendments.
Sony will be in trouble; they will have to compete on hardware specs and exclusive titles the same way the PS3 has to compete with PCs.
Assuming that any of the publishers who release PS3 games have any interest whatsoever in developing games for the iPhone, which I consider pretty unlikely.
Even if publishers didn't already have 5 or 6 disparate platforms to juggle these days, I think the abject failure of the Nokia NGage has probably turned most gaming companies off the idea of targeting mobile phones as a "serious" gaming device.
The money in phone gaming is in Tetris and similar puzzle games, not in epic Grand Theft Auto or Final Fantasy titles, and even J2ME serves the needs of the puzzle genre well enough for most.
It's the goddamn internet. If someone is annoying you can delete them or even unplug your machine.
And the next time you plug in and log on, they'll be right there again, teasing you for running away.
Do you suggest that the victims of "cyberbullying" should simply stay off the net? DO you understand the technical, professional, and social disadvantages that wuld result from that?
It's not the same as getting punched in the face or jumped by real bullies. Haven't you been bullied in school?
"It's a goddamn building. If someone is annoying you can skip school or even drop out."
It always amazes me. When the dollar is strong everyone says the U.S. is loosing economic power because of trade imbalances (weak exports). When the dollar is weak and trade exports are much higher, then people claim the U.S. is loosing economic power because of the weak dollar.
I am facing almost certain modding-down for saying this, but it always amazes me how widespread the inability to conjugate properly the verb "to lose" has become.
Slashdot Mirror
As long as you credit the author and freely share the source code.
Which they didn't do.
Does GPLv3 ring any bells?
That's a copyLEFT license. It's at best tangentially related to the copyright issue currently being discussed.
This is simple Fair use IMHO
You consider appropriating and redistributing a creative work for profit to be "simple Fair use"?
Even you use the phrase "adding one note", meaning he TOOK THE ORIGINAL and modified it. A derivative work in any other industry.
Make no mistake, this was a derivative work in the music industry as well.
If Queen's publishers had taken the issue to court, and Van Winkle offered the defense that one extra repetition of an 8th note made the music substantially dissimilar, he would have lost, and probably been found liable for more in damaged than he paid in the out-of-court settlement.
You are aware that Vanilla Ice reached an out-of-court settlement with the copyright holders of "Under Pressure" for using the material?
And that for the better part of 20 years now, most commercially-released music that contains samples of other music has gone through a clearance process such that lawsuits related to unlicensed sampling are quite rare these days?
'Sampling' is legal because the original creators are compensated fairly for their work. That does not appear to be the case with "Limbo of the Lost".
(Or, for that matter, the original sidescroller Duke Nukem games, which 'sampled' graphic resources liberally from other PC games...)
I imagine it's generated (DNRTFA), but it sounds a lot like a violin.
Sounds like a motor, possibly from a tape reel or a cardpunch, to me.
A loudspeaker, assuming anyone had been inspired to connect one to a computer's data bus back then, would likely have generated audible pitches by switching between logical 0 and 1 at various intervals -- a simple square wave, in other words. The timbre heard on the recording is more harmonically rich than that. In fact, it reminds me quite a lot of the sound of the Atari 2600's TIA sound generator.
It's also noticeably limited in the number of frequencies it can generate -- many notes are painfully out of tune from the Western scale. Motors not generally being designed to produce specific pitches, this behavior seems consistent with a component being used for something other than its intended use.
This is not the oldest known example of an electronic tone generator (by several decades), but may well be the first "sequencer" program for storing and reproducing musical events.
I can tell from some of the frequencies and having heard several Teo Macero edits in my time...
Now, there *are* options that typically aren't on the table like nuclear weapons and chemical agents, but other than that, yeah... fight to win, otherwise, you're just wasting lives.
If you were really serious about winning, you wouldn't support leaving any options off the table. We'd be gassing and nuking "those bastards" on day one, killing millions of them but keeping our own boys safe.
Or perhaps the issue isn't as absolute as you'd like to believe?
When the mob and the press and the whole world tell you to move, your job is to plant yourself like a tree beside the river of truth, and tell the whole world - "No, you move."
When they mob and the press and the whole world disagree with you about something, Occam's Razor suggests that they're right and you're wrong, and your river of truth is polluted.
It could be considered slander if I said that he took bribes from corporations to start a war that killed thousands, US citizens and "others" alike, while lying to the US population to justify it. It certainly is slander when I say the US government sells laws to the highest bidder.
That would only be slander if you KNEW -- or had reasonable cause to believe -- that the statements you were making were false but made them anyway with the intent to harm the subjects.
There might be grounds for "the US government" to take you to court over such claims (they wouldn't -- no resources to handle the 50 million slander cases they might have to file against people who believe what you do), but they'd still have to prove that you KNEW they don't sell laws to the highest bidder to prevail.
$89K is not a high salary in this day in age...it is middle class...medium-low end of it really.
The numbers do not agree with your skewed perception, friend.
Based on the statistics contained in Wikipedia's article on Household income in the United States, a household with an income of $89K would be well within the second quintile, considered by analysts at the New York Times and elsewhere to be "Upper Middle Class". (In fact, a household where one income earner had an $89K salary would likely be even higher than that, as most households in the top two quintiles have multiple income earners.)
The actual income level for a "medium-low-middle-class" household as you describe would be closer to $30K/year than $90K.
For those who just see the numbers and have no idea about cost of living, $700 for an apartment is awesome in the midwest, but $1400-1600 in the Valley will at least keep you out of the bad neighborhoods. After gas, food, and utilities, you'd be lucky to have anything left over to go out and socialize. In the midwest, you'd live like royalty.
Maybe what AAPL and other tech companies need to do, then, is set up offices in the Midwest -- say, an hour outside of an air transit hub like St. Louis or Chicago -- and entice skilled developers to move there with the promise of living like royalty on a $70k salary.
Or, maybe Yahoo and Google's engineers are actually overvalued, and Apple is doing the right and should continue doing it.
Unless they were brought in to do a Java rewrite, and that doesn't appear to be the case, they should have been spending their time working in [original obscure language].
Your assumption is that [original obscure language] is well supported and maintainable; if it's truly obscure (note: COBOL isn't), it may very well be neither.
If the entire application had been originally coded in 6502 assembler, to give an insane example, would you not agree that porting it to a better-supported and more maintainable language would be critical for future success?
Almost everything stated is based on opinion. It reeks of "amateur", and would be ripped apart by just about any manager it was given to.
Mr. Webster already refuted your opinion (ironic?) of the memo better than I could, but let me remind you that this is just a memo, not a comprehensive autopsy. More detailed information about how specific conclusions were reached can be provided if/when the recipient of the memo requests it.
"These are the grounded assessments of top-notch IT professionals who have among them a century or two of experience bringing projects to completion -- particularly those involving [specific IT] technology -- and who are down in the FUBAR trenches every day."
To reiterate, he's talking about a team of consultants here, right?
"Good software means lacking in bugs, maintainable, modifiable, scalable, etc..."
I disagree with all but the first one.
Software is a tool. A hammer is a tool, too, but we don't expect it to be maintainable, modifiable, or scalable. There are different kinds of hammers for different tasks, just as there are different kinds of software. Yet we do expect a good hammer to be lacking in bugs: a design flaw that makes the hammerhead splinter into jagged shards upon impact would be considered unacceptable.
I would say that Good Software is that which has reliable behavior, and is well suited to its intended task. That's all.
The Washington Post is boycotting the AP over this.
No, they're not.
As I write this, there are no fewer than two AP stories on the washingtonpost.com homepage, and that's just the ones where the byline is displayed on the homepage rather than just on the story page itself.
Your first clue should have been that the author of the editorial you linked to was not credited as Editor-In Chief, Washington Post.
Every time ray tracing technology is shown off, I can't help but marvel that the long held dream of games filled with reflective spheres can finally be enabled.
Perhaps within the next fifty years, we will be able to authentically recreate the visual experience of playing a pinball machine that was build fifty years ago.
the amount of FPSism that abounds in certain sectors of the geek community, you'd think that they'd be desensitized to guns by now.
Guns in real life aren't like the ones encountered in most FPSes:
1) They are not twice the thickness of your arm and do not shoot plasma bolts.
2) You cannot get shot a dozen times in a row and have your health meter drop by only 20%.
I have never, ever, in my life, found a child porn, nor seen it.
It is pretty simple, I think. I have never looked for it, so I never found it.
You've never played the game "Hey, what's in this alt.binaries.* group with the weird name that doesn't seem to reference children or pornography in any way?"...
Is there actually a big problem with people getting hassled for giving/selling promo CDs, or am I missing some other broader implication as a result of this decision?
This decision affirms a principle that most of us would consider self-evident: if you give something away, you can no longer claim to own it.
The current Congress is filled with chickenshit liars and cowards.
The current Congress is filled with Democrats and Republicans, who, in an election year, can be counted on to vote along party lines on any issue with the kind of visibility that impeachment proceedings carry.
The House is split 236-199, which would give them the simple majority required to refer it to the Senate to be tried, but a conviction in the senate would require 67 votes, and they're split 49-49-2. If there were an impeachment trial, Bush (and/or Cheney) would end up exonerated.
Justice will not be served in the political theater of Congress. Perhaps the government that gets seated next January will be interested in referring matters to the criminal courts, though.
[Conservatives] value the following rights as tantamount to freedom: a) free speech, b) freedom of commerce, c) the right to hold property and d) the right to get income from the investment of that property.
I note bemusedly that of these four, only one is explicitly guaranteed by The Constitution and its amendments.
Sony will be in trouble; they will have to compete on hardware specs and exclusive titles the same way the PS3 has to compete with PCs.
Assuming that any of the publishers who release PS3 games have any interest whatsoever in developing games for the iPhone, which I consider pretty unlikely.
Even if publishers didn't already have 5 or 6 disparate platforms to juggle these days, I think the abject failure of the Nokia NGage has probably turned most gaming companies off the idea of targeting mobile phones as a "serious" gaming device.
The money in phone gaming is in Tetris and similar puzzle games, not in epic Grand Theft Auto or Final Fantasy titles, and even J2ME serves the needs of the puzzle genre well enough for most.
It's the goddamn internet. If someone is annoying you can delete them or even unplug your machine.
And the next time you plug in and log on, they'll be right there again, teasing you for running away.
Do you suggest that the victims of "cyberbullying" should simply stay off the net? DO you understand the technical, professional, and social disadvantages that wuld result from that?
It's not the same as getting punched in the face or jumped by real bullies. Haven't you been bullied in school?
"It's a goddamn building. If someone is annoying you can skip school or even drop out."
It always amazes me. When the dollar is strong everyone says the U.S. is loosing economic power because of trade imbalances (weak exports). When the dollar is weak and trade exports are much higher, then people claim the U.S. is loosing economic power because of the weak dollar.
I am facing almost certain modding-down for saying this, but it always amazes me how widespread the inability to conjugate properly the verb "to lose" has become.
lose
loses
losing
lost