Most cities your friend visits will have tech shops that will download his pics and burn a CD for him. Check out Lonely Planet's Thorn Tree for lists of shops and to post requests for shop locations on your route. The most popular solution is to burn two disks: mail one and carry the other.
He could also bring his software and connection cable to any similar shop and upload your pics to a service like O-Photo for net storage and sharing with your friends while on route.
These solutions are not flashy but they are cheaper and simpler than most that have been suggested.
I use one of the alternate video outs (as opposed to "send to vcr" feature) to record directly to an A/V dvd recorder. Very good quality on trasnfer even on medium quality. Using an AV component instead of extracting files is less hassle and you can make the recording as you watch the original. Also, anyone comparison shopping from this article should note that the ReplayTV does have a "wish list" type feature that is integrated into the regular show search (Tivo requires you to set up these requests in an entirely seperate menu feature).
EF Cultural Travel does not stand for "you cant scrape". It depended on one key thing - Explorica was started by ex-EFCT employees that were bound by a non-compete agreement. The circuit court rejected the argument that there was any generally implied term that forbade a company from scraping. Note that the circuit court did say that a TOS that restricted scraping may be enforcable. In short, check the TOS' of the sites you are proposing to scrape. Incidently, in a seperate appeal, the injunction against the programmers were upheld based upon their knowledge of a previous injunction against the employees (not based upon a general "thou shall not scrape rule).
Taking the poster's "legal analysis" as true "sharing" copies of television shows is still a violation of other copyright laws. As the MP3.com case proved, no one has a right to make a copy for you. Only you have the right to "space shift" (transfer to VHS, CDR, etc) an mp3 file (or television show). This is where Napster and MP3.com were found to violate copyright law. Not the DMCA's anticircumvision.
First, the Corely DeCSS injunction is limited to the plaintiffs in that case. Second, the author of both articles is none other than the EFF's Declan McCullagh. How much you wanna bet he's itching to become a name defendant . . . ?
This is a ridiculous suggestion (and post). So sci-fi readers / watchers are the ones most interested in the space program? Businesses have made a fortune selling by-products of the space program including freeze dried food products, medical devices, computer technology, advanced materials, water purification technology, micro lasers, engine lubricants to name just a few. See this detailed list for more products and benefits.
A tax on these types of products would generate a lot more money than a tax on the next Larry Niven novel.
Copyright law does apply to any tangible copy of a "work" but IDEAS are not copyrightable - only execution.....So long as the betas didnt write your code, your copyright in the code itself is safe. The ideal method of protecting yourself from messy litigation, however, is to include a contract clause explicitly acknowleging feedback from the betas is required to participate and comprises your company's intellectual property.
The case is narrowly decided on the constitutional justification for zoning laws: protection of the immediate physical neighborhood. This case should have no impact on the well established U.S. case law dealing with case JURISDICTION that has located actions via the internet as occuring at the provider or servers's physical location. Its an interesting decision, but for zoning purposes only.
There is a legal defense of "unclean hands" which argues that the law does not protect someone because of past acts. In the MP3.com case, they argued "unclean hands" against the record companies because of certain restrictive clauses in the artist contracts. I recall this arguement was also made in the DeCSS case in relation to improper use of regional controls to defeat fair use of the disks. If this is fully litigated, the fact that this was a user-created database that changed its terms of service will certainly be argued as creating "unclean hands" in regards to the data in CDDB. This does NOT mean that code or other types of copyrights would be defeated - just the database protections of core data.
I am in the same situation as the poster - canceled by Flashcom, transferred to Telocity, killed by northpoint, strung along and finally dropped by telocity. When I called to tell telocity that I was not paying for the two months of service they actually provided me (they did promise users two months of free service for not switching after the northpoint drop - mine are just going to be retroactive) they told me that i did not own the Telocity gateway and that they would send out a return-box to reship it to them. They threatened me with undefined "fines" if I kept the modem. I did remind them that I had been charged over $30 to receive the modem but they claim that that was only a "shipping and handling" charge. Anyway, my point is that Telocity owners might want to hold onto thier modems for a little while and see if they demand its return. Personally, I dont want to give them any more of my money.
American speeds are artificial - pay more and you receive more. In NYC i have had DSL from Flashcom and Telocity.
I currently pay $49 for 400kbs from telocity. When I had Flashcom i paid $39 for the same level of service.
Due to my apartment location i have the option of obtaining the top DSL speeds from my provider, but I would have to pay hundreds to receive 4mb dsl. That speed is considered "commercial" in a country that thinks AOL dial-ups are the norm.
A trademark is a word or designation that is distinctive of a persons goods and that is used in a manner that identifies those goods and distinguishes them from the goods of others. A service mark is just a trademark used to identify services as opposed to products. THey follow all the rules below.
Goods are items in the stream of commerce which does NOT mean that you have to -sell - a product so long as you use the mark in the marketplace. A project name with a dedicated website and software distributed under the name could easily qualify as use in the marketplace.
Trademarks are acquired by use and do not have to be registered, but registration conveys some significant advantages including special damages, attorney's fees and a valid trademark presumption in favor of the registrant. The R (registered) and TM do not have to be used, but again confer certain rights on vigilent users.
Keep in mind that similar terms can be used for divergent uses. In other words, you can have Eagle Candy, Eagle Publishing, and Eagle Clothing all coexisting with valid trademarks for different products. Also remember that fanciful marks are highly protectible (Ebay for auctions) and that generic marks are usually unprotected (Auctionblock for auctions).
It is not enough to run a rudimentary trademark check on the USPTO website. A trademark house like Thompson and Thompson should be used to check commonlaw trademarks which could pre-empt your use. Remember - registration is NOT a race to the USPTO. A commonlaw use can have certain prior rights.
I urge everyone to properly clear marks BEFORE they start using them (XBOX ring any bells?). It is not too exspensive compared to getting slammed for using anothers mark. A small business can expect to pay about $2,000 to clear a trademark properly and the majority of that fee will be the cost of a well-designed trademark search from an accredited firm.
Sid is God.
Civ 2 is over four years old and I STILL play four hours of so a week. The game design is so subtle and rich that I still havent figured out how all the pieces interact.
How many games are still in your collections that are four years old?
The coolest muliplayer game with the coolest dedicated cabinet EVER. One of the few multiplayer games that used split screens to allow individual players to wander into different parts of the game while playing together.
It was released on SuperNES but has never been released on any other home game system. I would buy the arcade cabinet, but its too damn big for my tiny living room! Its available as abandonware, but i would pay $60 easy for this incredibly fun, multiplayer splat-fest!
I have been a TMBG fan since they first started playing around NYC in the early '80s. I bought the first album at a live show right after it was printed and I have watched (and listened) to them grow ever since. TMBG continues to make some of the smartest, funniest, and often touching music around.....
But like so many others, I dont understand the conversion to full band. The energy and humor that is so evident when the Johns are alone on stage seems to dissapate in direct proportion to the number of backing musicians.....
My question: On the first album you both sang that TMBG appeared to others as a "Rythm Section Want-Ad" but that you liked it that way and that "no others need apply." Why did you make the decision to take on backing musicians?
I also have flashcom, i regularly get over 380kbs. My deal was $39.95 a month, year committment, no fee for the modem, i provided ethernet card.
They were the only company at the time I installed and I was VERY concerned about the reports I had seen. There was some scheduling mishigas but once the line was installed it has been trouble free.
Re billing: they have recently sent out letters apologizing for not billing and notifying users that they would be making a rectifying charge on X date. Apparently they were so disorganized in the past that they forgot to bill.
*rolls eyes*
1) The order only applies to the defendants and persons acting in concert with them. If you dont fall into that catagory you are under no legal obligation to cease posting DeCSS. However, you may become the next test case. In otherwords, an acedemic institution would be the perfect test case for the free speach issues raised in this case - no stigma of "hacking."
2) The linking portion of the order against the defendants specifically states: that the link must done "knowingly...for the purpose of disseminating DeCSS." In otherwords, if you link to a site without knowing it links to a DeCSS site and without the purpose of directing people tothe code, it wouldnt count even if the order applied to you.
...the resulting program.
In Connectix the reverse engeneering of the program allowed Connectix to create an emulator. The program did not allow a copy to be made of the purchased game as a result.
The only issue was where the purchased game could be played on the computer and if the copying performed by Connectix was a fair use of reverse engeneering.
If DeCSS had been released in the same fashion you may have had the same result as Connectix. In other words, it might have passed based on fair use if instead of a bare crack of the encryption it was a licensed program which allowed emulation i.e. play on linux but not copying.
That difference along with the Judge's perception of the 2600 website and linux board killed the case. The real test of the de-encryption section of the DMCA will be a program like Connectix, not one like DeCSS.
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Most cities your friend visits will have tech shops that will download his pics and burn a CD for him. Check out Lonely Planet's Thorn Tree for lists of shops and to post requests for shop locations on your route. The most popular solution is to burn two disks: mail one and carry the other.
He could also bring his software and connection cable to any similar shop and upload your pics to a service like O-Photo for net storage and sharing with your friends while on route.
These solutions are not flashy but they are cheaper and simpler than most that have been suggested.
I use one of the alternate video outs (as opposed to "send to vcr" feature) to record directly to an A/V dvd recorder. Very good quality on trasnfer even on medium quality. Using an AV component instead of extracting files is less hassle and you can make the recording as you watch the original. Also, anyone comparison shopping from this article should note that the ReplayTV does have a "wish list" type feature that is integrated into the regular show search (Tivo requires you to set up these requests in an entirely seperate menu feature).
EF Cultural Travel does not stand for "you cant scrape". It depended on one key thing - Explorica was started by ex-EFCT employees that were bound by a non-compete agreement. The circuit court rejected the argument that there was any generally implied term that forbade a company from scraping. Note that the circuit court did say that a TOS that restricted scraping may be enforcable. In short, check the TOS' of the sites you are proposing to scrape. Incidently, in a seperate appeal, the injunction against the programmers were upheld based upon their knowledge of a previous injunction against the employees (not based upon a general "thou shall not scrape rule).
Taking the poster's "legal analysis" as true "sharing" copies of television shows is still a violation of other copyright laws. As the MP3.com case proved, no one has a right to make a copy for you. Only you have the right to "space shift" (transfer to VHS, CDR, etc) an mp3 file (or television show). This is where Napster and MP3.com were found to violate copyright law. Not the DMCA's anticircumvision.
First, the Corely DeCSS injunction is limited to the plaintiffs in that case. Second, the author of both articles is none other than the EFF's Declan McCullagh. How much you wanna bet he's itching to become a name defendant . . . ?
This is a ridiculous suggestion (and post). So sci-fi readers / watchers are the ones most interested in the space program? Businesses have made a fortune selling by-products of the space program including freeze dried food products, medical devices, computer technology, advanced materials, water purification technology, micro lasers, engine lubricants to name just a few. See this detailed list
for more products and benefits.
A tax on these types of products would generate a lot more money than a tax on the next Larry Niven novel.
Copyright law does apply to any tangible copy of a "work" but IDEAS are not copyrightable - only execution.....So long as the betas didnt write your code, your copyright in the code itself is safe. The ideal method of protecting yourself from messy litigation, however, is to include a contract clause explicitly acknowleging feedback from the betas is required to participate and comprises your company's intellectual property.
The case is narrowly decided on the constitutional justification for zoning laws: protection of the immediate physical neighborhood. This case should have no impact on the well established U.S. case law dealing with case JURISDICTION that has located actions via the internet as occuring at the provider or servers's physical location. Its an interesting decision, but for zoning purposes only.
There is a legal defense of "unclean hands" which argues that the law does not protect someone because of past acts. In the MP3.com case, they argued "unclean hands" against the record companies because of certain restrictive clauses in the artist contracts. I recall this arguement was also made in the DeCSS case in relation to improper use of regional controls to defeat fair use of the disks. If this is fully litigated, the fact that this was a user-created database that changed its terms of service will certainly be argued as creating "unclean hands" in regards to the data in CDDB. This does NOT mean that code or other types of copyrights would be defeated - just the database protections of core data.
I am in the same situation as the poster - canceled by Flashcom, transferred to Telocity, killed by northpoint, strung along and finally dropped by telocity. When I called to tell telocity that I was not paying for the two months of service they actually provided me (they did promise users two months of free service for not switching after the northpoint drop - mine are just going to be retroactive) they told me that i did not own the Telocity gateway and that they would send out a return-box to reship it to them. They threatened me with undefined "fines" if I kept the modem. I did remind them that I had been charged over $30 to receive the modem but they claim that that was only a "shipping and handling" charge. Anyway, my point is that Telocity owners might want to hold onto thier modems for a little while and see if they demand its return. Personally, I dont want to give them any more of my money.
American speeds are artificial - pay more and you receive more. In NYC i have had DSL from Flashcom and Telocity. I currently pay $49 for 400kbs from telocity. When I had Flashcom i paid $39 for the same level of service. Due to my apartment location i have the option of obtaining the top DSL speeds from my provider, but I would have to pay hundreds to receive 4mb dsl. That speed is considered "commercial" in a country that thinks AOL dial-ups are the norm.
A trademark is a word or designation that is distinctive of a persons goods and that is used in a manner that identifies those goods and distinguishes them from the goods of others. A service mark is just a trademark used to identify services as opposed to products. THey follow all the rules below. Goods are items in the stream of commerce which does NOT mean that you have to -sell - a product so long as you use the mark in the marketplace. A project name with a dedicated website and software distributed under the name could easily qualify as use in the marketplace. Trademarks are acquired by use and do not have to be registered, but registration conveys some significant advantages including special damages, attorney's fees and a valid trademark presumption in favor of the registrant. The R (registered) and TM do not have to be used, but again confer certain rights on vigilent users. Keep in mind that similar terms can be used for divergent uses. In other words, you can have Eagle Candy, Eagle Publishing, and Eagle Clothing all coexisting with valid trademarks for different products. Also remember that fanciful marks are highly protectible (Ebay for auctions) and that generic marks are usually unprotected (Auctionblock for auctions). It is not enough to run a rudimentary trademark check on the USPTO website. A trademark house like Thompson and Thompson should be used to check commonlaw trademarks which could pre-empt your use. Remember - registration is NOT a race to the USPTO. A commonlaw use can have certain prior rights. I urge everyone to properly clear marks BEFORE they start using them (XBOX ring any bells?). It is not too exspensive compared to getting slammed for using anothers mark. A small business can expect to pay about $2,000 to clear a trademark properly and the majority of that fee will be the cost of a well-designed trademark search from an accredited firm.
Sid is God. Civ 2 is over four years old and I STILL play four hours of so a week. The game design is so subtle and rich that I still havent figured out how all the pieces interact. How many games are still in your collections that are four years old?
I have it via my work place. Maybe your IT guys dont know about it?
The coolest muliplayer game with the coolest dedicated cabinet EVER. One of the few multiplayer games that used split screens to allow individual players to wander into different parts of the game while playing together. It was released on SuperNES but has never been released on any other home game system. I would buy the arcade cabinet, but its too damn big for my tiny living room! Its available as abandonware, but i would pay $60 easy for this incredibly fun, multiplayer splat-fest!
I have been a TMBG fan since they first started playing around NYC in the early '80s. I bought the first album at a live show right after it was printed and I have watched (and listened) to them grow ever since. TMBG continues to make some of the smartest, funniest, and often touching music around..... But like so many others, I dont understand the conversion to full band. The energy and humor that is so evident when the Johns are alone on stage seems to dissapate in direct proportion to the number of backing musicians..... My question: On the first album you both sang that TMBG appeared to others as a "Rythm Section Want-Ad" but that you liked it that way and that "no others need apply." Why did you make the decision to take on backing musicians?
I also have flashcom, i regularly get over 380kbs. My deal was $39.95 a month, year committment, no fee for the modem, i provided ethernet card. They were the only company at the time I installed and I was VERY concerned about the reports I had seen. There was some scheduling mishigas but once the line was installed it has been trouble free. Re billing: they have recently sent out letters apologizing for not billing and notifying users that they would be making a rectifying charge on X date. Apparently they were so disorganized in the past that they forgot to bill. *rolls eyes*
1) The order only applies to the defendants and persons acting in concert with them. If you dont fall into that catagory you are under no legal obligation to cease posting DeCSS. However, you may become the next test case. In otherwords, an acedemic institution would be the perfect test case for the free speach issues raised in this case - no stigma of "hacking." 2) The linking portion of the order against the defendants specifically states: that the link must done "knowingly...for the purpose of disseminating DeCSS." In otherwords, if you link to a site without knowing it links to a DeCSS site and without the purpose of directing people tothe code, it wouldnt count even if the order applied to you.
...the resulting program. In Connectix the reverse engeneering of the program allowed Connectix to create an emulator. The program did not allow a copy to be made of the purchased game as a result. The only issue was where the purchased game could be played on the computer and if the copying performed by Connectix was a fair use of reverse engeneering. If DeCSS had been released in the same fashion you may have had the same result as Connectix. In other words, it might have passed based on fair use if instead of a bare crack of the encryption it was a licensed program which allowed emulation i.e. play on linux but not copying. That difference along with the Judge's perception of the 2600 website and linux board killed the case. The real test of the de-encryption section of the DMCA will be a program like Connectix, not one like DeCSS.