Unfortunately, they don't have the right to ask to delete the recording- the only rights the theater really, really have is to preclude you from bringing in recording equipment and turning around and ejecting you if they catch you. It's highly debatable to say that it's an arrestable felony in this case and I'm surprised that one's on the books if it is- it's not something that should be in the criminal code in the first place.
That is for right now that this is the case... All it'd take is the same class of pressure from, say Microsoft, similar to the one Disney exerted with the Sonny Bono Extension (otherwise known as the Mickey Mouse Extension...otherwise they'd have lost Mickey to the public domain...) to change that game unless we push back against them. The creep in Copyright comes from moneyed interests leaning on the law and getting it updated so that they continue to gain advantage. All it will take is one of the big boys deciding that they can extract rents "forever" on something and the fight will be on just like it is for Copyright.
In this case, I wouldn't mind Microsoft winning...if they go about doing it by changing their position on in re Bilski. In other words, if they go for invalidating software patents in general. Otherwise, I would see both of them losing, not that this would be possible.
The thing is...it's not GM... It's merely culturing natural cells at this stage. Little more than the stuff we do to determine pathogens by growing them on a petri dish.
It'll probably be folded into Google Voice in the end. I'm suspecting they bought them because it was the quick path to a SIP to Skype bridge, since that was one of Gizmo's claims to fame.
We'll just have to see what comes of things. It'd be interesting to have more than just the one Google Voice number, I think...
There's really not a problem. The client makes for easy add-on of your initial account (So you can "try before you buy"- but you can accomplish the same thing with their web based client or get an account and set up your SIP client of choice...) and makes a few things like setting a new voice mail "easier". It's a nifty idea, but it's aging and you can just as easily use a GNOME or KDE SIP client for it.
It'd be NICE for them to update their client, yes. But, so long as they're properly SIP compliant and document details like how one gets to set their voice mail prompt with a standard hardware SIP device, things will be just fine all the same.
No kidding. That's why I've been using them instead of Skype.
ANY SIP client works- including SIP based hardware. Their client just simply makes things like setting your voicemail prompt "easier" and couples IM support into the client. It's nice, but it's far, far from the end of the world if they discontinue the Linux client.
I've not used their stuff except on my N800 in quite a long time, using Ekiga, which comes bundled or as a repository install on pretty much any GNOME based distribution.
There's a few others...and, yes, they apear to work fine as I've used all of them against an Asterisk server, along with several different SIP ATA's and SIP-phones against the server. I had more issues with the hardware SIP devices than I did with Ekiga when I last tried it all. Once you got the SIP client config done up right and picked a sane codec, it just simply worked with the lot of them.
Main complaint I had with Asterisk is that it didn't handle multiple differing incoming SIP trunks from the same SIP termination provider gracefully- and I could never QUITE get the thing to set up the different Gizmo5 and other lines I had into a single PBX server.
I'm sure it's more a configuration issue (loose nut behind the console?) than Asterisk's issue- but in my case, I didn't have the patience to futz with it and instead just set several ATA's up against the Gizmo5 lines and just dropped it for the time being. I'll probably revisit it all some time in the near future or set up something like one of the pure SIP based PBXes instead.
They have to do things to justify their existence. Much like the silly metalized auto glass that was supposed to reduce A/C loads in the cars (never mind that an auto A/C happens to not work at all like a house one except in the high-end luxury cars or hybrids and would be running non-stop anyhow...seriously...) that CARB is trying to mandate. It doesn't amount to a hill of beans in overall energy consumption or pollution generation- but, By God, they're doing something to reduce emissions.
I see this as being little different. You know...the state's broke. Perhaps they need to be doing something useful to justify their existence or be disbanded, hm?
Just because the decision in Kyllo bars the use of FLIR and similar without warrants beforehand doesn't mean they're not using it still. Just a it is with the decision in Crawford- anonymous tips aren't permitted to be used as probable cause either (That would be a form of testimony (statement) given in a Hearsay manner that can't be cross-examined prior to the trial or at the time of the same- makes it inadmissible in Court; which makes it not a source for PC...)- but the cops do it all the time, even today. They'll willfully try to side-step Miranda v. Arizona as well.
If you think that you're protected by these...you are, but you're going to have to be willing to fight for your rights because they're not automatic, the rights in the Bill of Rights are something you have to challenge the government on to assert them.
If you saw them openly killing Windows and framing in a commercialized version of their own version of WINE sitting atop, say Ubuntu or Fedora/Red Hat... THEN there'd be orders placed for snowplows and thermal underwear to end all orders for it.
Indeed. I applaud them for swiftly and appropriately handling the problem- to the point of taking the high-road for a change and offering the changed source code up instead of simply pulling it all out.
It doesn't make up for what they've done over the years (and apparently still doing...sadly...) but it's a good start in the right direction.
Heh... I honestly like the first go at that sort of spiel better...
Prosser: But the plans were on display. Arthur Dent: On display? I eventually had to go down to the cellar. Prosser: That's the display department. Arthur Dent: With a torch. Prosser: The lights had probably gone. Arthur Dent: So had the stairs. Prosser: But you did see the notice, didn't you? Arthur Dent: Oh, yes. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign outside the door saying "Beware of the Leopard." Ever thought of going into advertising?
The former is desirable, while not practical. Unfortunately for everyone, while the Utilities all think they have the former or something approximating it, most of them have something much closer to the latter.
hasn't yet decided whether to sue over the posting
Unfortunately, if she's not decided to sue, she shouldn't have been allowed to get this far. Doesn't matter if she "sued" the other info out. If she's not sure if she's to pursue a case against the person who posted the commentary, all of this is merely discovery without a case associated with it. You either know you're going to sue and then change your mind later (allowed...called a dismissal...) or you don't know and don't have a case yet. If she's lacking a civil suit for the comments in question, she shouldn't be allowed a fishing expedition- which is what this is right at this point without one.
Normally, you can say that the "virus framed me" line is akin to "the dog ate my homework". Unfortunately in this case, it really, really did do what they claimed on this one- and your line of reasoning is bogus. ANYTHING can happen, including having someone plant it on your machine without your knowledge- especially if you're using Windows as an OS.
Patents are worth only the amount of money you can field to litigate an infringement case over in most cases. A small player will fold if they're actually infringing when presented with a lawyer letter (they can't afford the litigation any more than you can, really...). But, a big player, something with a 10 or more figure market cap, would be in a position, if you're a startup, to mire you down and out-litigate you in most cases. It would be an expensive proposition without any good foreseeable prospects- you might win one against them, you might not. If you do, can you out-last the appeals?
I suppose this is the way to throttle the users...make 'em pay dearly for the the privilege to use their network for anything other than the direct use for the PDA mode.
If it applies to the ancillary functions of the device (i.e. Data's data, you use Google maps, that 5Gb cap's going to be hit QUICK if you GPS nav with it...)- that would be very problematic. I think the caps apply to things like tethering or tethering-like applications and general use on the phone itself IS unlimited. If not, expect people to badger them for that because the phone's mostly useless otherwise.
Or...conversely, you can use something like apbuild from the AutoPackage project to do the same sort of pinning on most machines without the old version being needed.
The magic trick with all of this would be to do something within Scratchbox2 (to mitigate compiler issues and frame it in so you can do things like 32/64-bit easily, or ARM in the same manner...) and use apgcc/apg++ to pin glib version numbers.
"Lack of unified package management" is another good "excuse" they use- in the end, you don't need unified package management, you need something akin to MojoSetup (Something else that Ryan's come up with that's definitely a must-try for a game studio doing things on Linux...) to handle installing if you're not providing "universal".deb's or.rpm's (which can be done as well...)- and it'll handle much of what you need of it, especially if you know what you're doing with things on the Linux side of things.
In the end, there's less issues than most people realize there are with making games for Linux. It's more due to unfamiliarity and ignorance of how to properly do things that the stuff doesn't get done- and the reasons for those are that the studios and publishers don't think there's enough money there to become educated on the subject. It's NOT due to the lack of "universal" binaries...
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Unfortunately, they don't have the right to ask to delete the recording- the only rights the theater really, really have is to preclude you from bringing in recording equipment and turning around and ejecting you if they catch you. It's highly debatable to say that it's an arrestable felony in this case and I'm surprised that one's on the books if it is- it's not something that should be in the criminal code in the first place.
That is for right now that this is the case... All it'd take is the same class of pressure from, say Microsoft, similar to the one Disney exerted with the Sonny Bono Extension (otherwise known as the Mickey Mouse Extension...otherwise they'd have lost Mickey to the public domain...) to change that game unless we push back against them. The creep in Copyright comes from moneyed interests leaning on the law and getting it updated so that they continue to gain advantage. All it will take is one of the big boys deciding that they can extract rents "forever" on something and the fight will be on just like it is for Copyright.
In this case, I wouldn't mind Microsoft winning...if they go about doing it by changing their position on in re Bilski. In other words, if they go for invalidating software patents in general. Otherwise, I would see both of them losing, not that this would be possible.
The thing is...it's not GM... It's merely culturing natural cells at this stage. Little more than the stuff we do to determine pathogens by growing them on a petri dish.
It'll probably be folded into Google Voice in the end. I'm suspecting they bought them because it was the quick path to a SIP to Skype bridge, since that was one of Gizmo's claims to fame.
We'll just have to see what comes of things. It'd be interesting to have more than just the one Google Voice number, I think...
There's really not a problem. The client makes for easy add-on of your initial account (So you can "try before you buy"- but you can accomplish the same thing with their web based client or get an account and set up your SIP client of choice...) and makes a few things like setting a new voice mail "easier". It's a nifty idea, but it's aging and you can just as easily use a GNOME or KDE SIP client for it.
It'd be NICE for them to update their client, yes. But, so long as they're properly SIP compliant and document details like how one gets to set their voice mail prompt with a standard hardware SIP device, things will be just fine all the same.
No kidding. That's why I've been using them instead of Skype.
ANY SIP client works- including SIP based hardware. Their client just simply makes things like setting your voicemail prompt "easier" and couples IM support into the client. It's nice, but it's far, far from the end of the world if they discontinue the Linux client.
I've not used their stuff except on my N800 in quite a long time, using Ekiga, which comes bundled or as a repository install on pretty much any GNOME based distribution.
Let's see now...
Ekiga
Twinkle
Linphone
There's a few others...and, yes, they apear to work fine as I've used all of them against an Asterisk server, along with several different SIP ATA's and SIP-phones against the server. I had more issues with the hardware SIP devices than I did with Ekiga when I last tried it all. Once you got the SIP client config done up right and picked a sane codec, it just simply worked with the lot of them.
Main complaint I had with Asterisk is that it didn't handle multiple differing incoming SIP trunks from the same SIP termination provider gracefully- and I could never QUITE get the thing to set up the different Gizmo5 and other lines I had into a single PBX server.
I'm sure it's more a configuration issue (loose nut behind the console?) than Asterisk's issue- but in my case, I didn't have the patience to futz with it and instead just set several ATA's up against the Gizmo5 lines and just dropped it for the time being. I'll probably revisit it all some time in the near future or set up something like one of the pure SIP based PBXes instead.
No... The typical thing would be to stop distributing. You have that as an option when you violate the terms.
Compliance, when it's revealed you violated it, is the high-road. They could have just pulled everything and never shipped it again.
Kyoto wasn't going in the right directions... Nice idea, poor execution- which is why it "didn't go very far" like you state.
They have to do things to justify their existence. Much like the silly metalized auto glass that was supposed to reduce A/C loads in the cars (never mind that an auto A/C happens to not work at all like a house one except in the high-end luxury cars or hybrids and would be running non-stop anyhow...seriously...) that CARB is trying to mandate. It doesn't amount to a hill of beans in overall energy consumption or pollution generation- but, By God, they're doing something to reduce emissions.
I see this as being little different. You know...the state's broke. Perhaps they need to be doing something useful to justify their existence or be disbanded, hm?
Just because the decision in Kyllo bars the use of FLIR and similar without warrants beforehand doesn't mean they're not using it still. Just a it is with the decision in Crawford- anonymous tips aren't permitted to be used as probable cause either (That would be a form of testimony (statement) given in a Hearsay manner that can't be cross-examined prior to the trial or at the time of the same- makes it inadmissible in Court; which makes it not a source for PC...)- but the cops do it all the time, even today. They'll willfully try to side-step Miranda v. Arizona as well.
If you think that you're protected by these...you are, but you're going to have to be willing to fight for your rights because they're not automatic, the rights in the Bill of Rights are something you have to challenge the government on to assert them.
Oh...this isn't "cold day in Hell" type stuff...
If you saw them openly killing Windows and framing in a commercialized version of their own version of WINE sitting atop, say Ubuntu or Fedora/Red Hat... THEN there'd be orders placed for snowplows and thermal underwear to end all orders for it.
Indeed. I applaud them for swiftly and appropriately handling the problem- to the point of taking the high-road for a change and offering the changed source code up instead of simply pulling it all out.
It doesn't make up for what they've done over the years (and apparently still doing...sadly...) but it's a good start in the right direction.
Heh... I honestly like the first go at that sort of spiel better...
The big truth of the matter is Go! is something most wouldn't be looking for.
The former is desirable, while not practical. Unfortunately for everyone, while the Utilities all think they have the former or something approximating it, most of them have something much closer to the latter.
You wouldn't be wrong, sadly...
Unfortunately, if she's not decided to sue, she shouldn't have been allowed to get this far. Doesn't matter if she "sued" the other info out. If she's not sure if she's to pursue a case against the person who posted the commentary, all of this is merely discovery without a case associated with it. You either know you're going to sue and then change your mind later (allowed...called a dismissal...) or you don't know and don't have a case yet. If she's lacking a civil suit for the comments in question, she shouldn't be allowed a fishing expedition- which is what this is right at this point without one.
I hate to tell you, but that's not at all accurate.
Normally, you can say that the "virus framed me" line is akin to "the dog ate my homework". Unfortunately in this case, it really, really did do what they claimed on this one- and your line of reasoning is bogus. ANYTHING can happen, including having someone plant it on your machine without your knowledge- especially if you're using Windows as an OS.
Patents are worth only the amount of money you can field to litigate an infringement case over in most cases. A small player will fold if they're actually infringing when presented with a lawyer letter (they can't afford the litigation any more than you can, really...). But, a big player, something with a 10 or more figure market cap, would be in a position, if you're a startup, to mire you down and out-litigate you in most cases. It would be an expensive proposition without any good foreseeable prospects- you might win one against them, you might not. If you do, can you out-last the appeals?
So long as it "Promotes the progress of Science and useful Arts", to which, I will respond that it largely doesn't these days the way it's being done.
Not if they invalidate that class of patents, you don't....
I suppose this is the way to throttle the users...make 'em pay dearly for the the privilege to use their network for anything other than the direct use for the PDA mode.
If it applies to the ancillary functions of the device (i.e. Data's data, you use Google maps, that 5Gb cap's going to be hit QUICK if you GPS nav with it...)- that would be very problematic. I think the caps apply to things like tethering or tethering-like applications and general use on the phone itself IS unlimited. If not, expect people to badger them for that because the phone's mostly useless otherwise.
Or...conversely, you can use something like apbuild from the AutoPackage project to do the same sort of pinning on most machines without the old version being needed.
The magic trick with all of this would be to do something within Scratchbox2 (to mitigate compiler issues and frame it in so you can do things like 32/64-bit easily, or ARM in the same manner...) and use apgcc/apg++ to pin glib version numbers.
"Lack of unified package management" is another good "excuse" they use- in the end, you don't need unified package management, you need something akin to MojoSetup (Something else that Ryan's come up with that's definitely a must-try for a game studio doing things on Linux...) to handle installing if you're not providing "universal" .deb's or .rpm's (which can be done as well...)- and it'll handle much of what you need of it, especially if you know what you're doing with things on the Linux side of things.
In the end, there's less issues than most people realize there are with making games for Linux. It's more due to unfamiliarity and ignorance of how to properly do things that the stuff doesn't get done- and the reasons for those are that the studios and publishers don't think there's enough money there to become educated on the subject. It's NOT due to the lack of "universal" binaries...