I think the issue in question is "what devices do you have the rights to listen to it on?"
On any device displaying the "Compact Disc Digital Audio" logo which includes cd-rom drives - look on the box or in the manual for the drive - it'll be there somewhere.
The most like reason is because the company has a physical presence in Australia - most likely in Victoria.
They also *knowingly* made their product available to people in Victoria - remember it's a subscription site so if they collected money from people in victoria then they would be viewed as doing business there.
OH no the foreigners are at it again -- how dare they sue a US comapny for maliciously printing falsehoods about a prominant australian business man ??????
This is no different to the jursidictions being claimed by US courts in many civil cases under DMCA, Trade Secrets.....
Freedom of speech should not include knowingly printing false and scandalous (presented as fact) stories for commercial gain.
I make no judgment on the facts of the case but this is what is being alleged and they should answer for it.
Publishers have a lot of power with that power should come some responsibility - if tomorrow morning you woke up to a news story claiming falsely that (for example) you are a child molester- wouldn't you want to sue somebody ???
Is the way addresses are constructed - because the route to a particular subnet can be determined by its address (aggregatable addressing) routing tables become much easier to manage - something that can't be said for the current state of IPv4 - as subnets become smaller routing table size increases - it is more likely that routing tables will become unmanagable before the number of ipv4 addresses runs out.
ahhh but you forget that it wasn't the ISP which was failing it was the telco supplied equipment. I'm required to have a cisco 678 because it's the only external router approved for use on Qwests system - and if this thing has an inherent problem then I expect something to be done about it.
If equipment supplied by your telco causes your service to fail then you are entitled to a refund.
I'd be happy to see 208 hours uptime on my windows2k advanced server, which doesn't even want to boot if you have terminal services set to start automatically.
However the many linux servers I have only get rebooted when I do a hardware upgrade or replace the UPS.
The issue here is a matter of trust and respect. Employment is a bargain struck between the employer and the employee. It is usually in the interest of the employer for the employee to continue to work for him and vice-versa.
It seems to be increasingly the case that some employers believe they can train all the surveilance equiment money can buy on the employee. The problem here is that the employer is demonstrating no trust what so ever in his employees - whcich means they have a fundamental HR problem if they can't trust anybody they hire.
Where an employee finds that his employer doesn't trust him to do his job he loses respect for his employer and the whole thing degenerates in to a vicious cycle of distrust and disrespect.
In most cases if employees are treated like real humans and not machines they will do better work and have a better attitude towards the employer.
It is not the threat of monitoring that stops me spending the day surfing the net but the fact that I am being paid to do a job - if the job didn't get done questions would be asked - what I was doing with my time wouldn't make any difference the point would be that I wasn't doing what I'm being paid for.
If it is neccessary for an employer to monitor it's staff continuously then the employer has much bigger problems than what people are looking at on the internet.
This brings us back to that RAMBUS, Microsoft etc. debate about whether members of industry standards organisations should be allowed to hold patents on the technology that is the subject of the industry standard.
Numerous links have already been posted to the standards organisation which publishes the AC-3 spec
A DVD player must have a CSS decoder and an AC3 decoder to function yet we're now told that we can implement neither ourselves and therefore cannot implement a DVD player as defined by industry standard - something is very wrong here.
I don't object to dolby holding / enforcing patents but I do object to their patented technology becoming a "required" industry standard for digital TV etc without some kind of zero royalty license.
AMD etc. have developed clones of patented intel processors in a clean room for years
If the decoding method used was developed independantly from the information in the patents and arrives at the goal through a different method then it doesn't violate the patent.
It could be tough however to prove that a program could use a different method to decode AC3.
If cloning.net unsucessfully will result in the death of open source - would in fact open source die anyway without an attempt to clone.net ?
This seems to be an alarmist article - microsoft won't take over the world with.net anyway because too many people don't want to rely on a single system (passport) for the sucess of their business.
The recent MSN messenger should be a wake-up call to those thinking of going the MS route right now - are they capable of providing a stable mass market authentication service ?
not exactly - it does allow for a full judicial review of the detention of a person - if the judge holds the detention to be unlawful he is released
I've heard of it being used by criminal defendants where appeals courts have ordered new trials but prosecutors delay the new trial repeatedly in order to detain the defendant without a (re)trial.
yes it does is part of the english common law that existed before independance and therefore remained in the US common law. I've heard of several Habeas Corpus pettitions being filed in the last couple of years.
I'm having trouble finding the article - I read it some time ago - but it was made very clear by a congressman interviewed in the article that making SCMS (for cd) & Macrovision (for vcr's)mandatory was in return for the industry not violating fair use rights.
One fact here though - congress was very clear that writing the SCMS into law bound the recording industry to *NOT* add further countermeasures to prevent fair use - this was a deal struck between congress and the record companies - time to lobby your congressman for an enquiry into why they're going ahead with it anyway.
But they can still threaten us with the DMCA
on
Adobe Backs Down
·
· Score: 2
Seems to me Adobe realised this case wasn't going to fly and may well have brought down the DMCA. By backing off they retain the big stick of the DMCA to threaten others with.
And the "innocent until proven guilty" bit is only for criminal trials, not general conduct. Can you buy a car without registration and other paperwork? Does E-bay let you trade narcotics? Do bartenders have to wait until the police come and you're arrested before they card you?
errr what ?! By what you're saying cops should pre-emptively pull over every driver and check documentation or better still set up a check point in your driveway
Last time I listed something on Ebay I didn't have to submit a lab test to prove it wasn't narcotics - they just took my word for it.
I wasn't trying to apply an "innocent until proven guilty" exactly - but it is not normal to prohibit all trade in order to prevent the illegal part.
Oh I see we've gone from a preliminary injunction skipped all the usual trial formalities and summary judgment has been issued has it ??
The last time I checked all that had happened was that a judge had ruled that the record industry had a reasonable chance of success at trial and to prevent irreperable harm napster should cease offering copyrighted works until
a final ruling after the trial (which hasn't even begun yet)
The question of whether napster was doing anything illegal hasn't even been argued yet !!
(I Understand the preilimary injunction hearing heard some argument on this but it is in no way a final determination of this case).
I think the issue in question is "what devices do you have the rights to listen to it on?"
On any device displaying the "Compact Disc Digital Audio" logo which includes cd-rom drives - look on the box or in the manual for the drive - it'll be there somewhere.
I've seem custom built GPS units used on board non-commercial space launch attempts that will not acquire satellites at speeds > mach 1.
Chances are it a feature of 'retail' GPS chipsets rather than a limitation of the system.
GPS doesn't work at supersonic speeds anyway so there wouldn't be much point in having it.
Of course this may not be true for militray GPS receivers I don't know I've never seen one.
The most like reason is because the company has a physical presence in Australia - most likely in Victoria.
They also *knowingly* made their product available to people in Victoria - remember it's a subscription site so if they collected money from people in victoria then they would be viewed as doing business there.
OH no the foreigners are at it again -- how dare they sue a US comapny for maliciously printing falsehoods about a prominant australian business man ??????
.....
This is no different to the jursidictions being claimed by US courts in many civil cases under DMCA, Trade Secrets
Freedom of speech should not include knowingly printing false and scandalous (presented as fact) stories for commercial gain.
I make no judgment on the facts of the case but this is what is being alleged and they should answer for it.
Publishers have a lot of power with that power should come some responsibility - if tomorrow morning you woke up to a news story claiming falsely that (for example) you are a child molester- wouldn't you want to sue somebody ???
NTSC = Never Twice the Same Color
Is the way addresses are constructed - because the route to a particular subnet can be determined by its address (aggregatable addressing) routing tables become much easier to manage - something that can't be said for the current state of IPv4 - as subnets become smaller routing table size increases - it is more likely that routing tables will become unmanagable before the number of ipv4 addresses runs out.
ahhh but you forget that it wasn't the ISP which was failing it was the telco supplied equipment. I'm required to have a cisco 678 because it's the only external router approved for use on Qwests system - and if this thing has an inherent problem then I expect something to be done about it.
If equipment supplied by your telco causes your service to fail then you are entitled to a refund.
I'd be happy to see 208 hours uptime on my windows2k advanced server, which doesn't even want to boot if you have terminal services set to start automatically.
However the many linux servers I have only get rebooted when I do a hardware upgrade or replace the UPS.
that Cmdr Taco is just a contrived name of somebody who doesn't exist too :-)
Doesn't the absence of negative gravity rather preclude the possibily of gravity existing at all ?
Maybe the earth just sucks
The issue here is a matter of trust and respect. Employment is a bargain struck between the employer and the employee. It is usually in the interest of the employer for the employee to continue to work for him and vice-versa.
It seems to be increasingly the case that some employers believe they can train all the surveilance equiment money can buy on the employee. The problem here is that the employer is demonstrating no trust what so ever in his employees - whcich means they have a fundamental HR problem if they can't trust anybody they hire.
Where an employee finds that his employer doesn't trust him to do his job he loses respect for his employer and the whole thing degenerates in to a vicious cycle of distrust and disrespect.
In most cases if employees are treated like real humans and not machines they will do better work and have a better attitude towards the employer.
It is not the threat of monitoring that stops me spending the day surfing the net but the fact that I am being paid to do a job - if the job didn't get done questions would be asked - what I was doing with my time wouldn't make any difference the point would be that I wasn't doing what I'm being paid for.
If it is neccessary for an employer to monitor it's staff continuously then the employer has much bigger problems than what people are looking at on the internet.
This brings us back to that RAMBUS, Microsoft etc. debate about whether members of industry standards organisations should be allowed to hold patents on the technology that is the subject of the industry standard.
Numerous links have already been posted to the standards organisation which publishes the AC-3 spec
A DVD player must have a CSS decoder and an AC3 decoder to function yet we're now told that we can implement neither ourselves and therefore cannot implement a DVD player as defined by industry standard - something is very wrong here.
I don't object to dolby holding / enforcing patents but I do object to their patented technology becoming a "required" industry standard for digital TV etc without some kind of zero royalty license.
yes but an invention that does the same job by a different method is not covered by the patent - as the METHOD is what is patented.
I admit that it's hard to see a way to decode AC3 without infringing the AC3 patents.
BULLSHIT !
AMD etc. have developed clones of patented intel processors in a clean room for years
If the decoding method used was developed independantly from the information in the patents and arrives at the goal through a different method then it doesn't violate the patent.
It could be tough however to prove that a program could use a different method to decode AC3.
That would go right along with
2001-07-27 21:06:07 Gnutella exposes children to pornography ?! (yro,internet) (rejected)
Submitted about half a day before one of the "in-crowd" posted the same story.
A friend of mind asked the other day "Why does that TACO guy get the credit for all the good stories"
If cloning .net unsucessfully will result in the death of open source - would in fact open source die anyway without an attempt to clone .net ?
.net anyway because too many people don't want to rely on a single system (passport) for the sucess of their business.
This seems to be an alarmist article - microsoft won't take over the world with
The recent MSN messenger should be a wake-up call to those thinking of going the MS route right now - are they capable of providing a stable mass market authentication service ?
not exactly - it does allow for a full judicial review of the detention of a person - if the judge holds the detention to be unlawful he is released
I've heard of it being used by criminal defendants where appeals courts have ordered new trials but prosecutors delay the new trial repeatedly in order to detain the defendant without a (re)trial.
no he hasn't
You can't be charged with a Federal Felony without a grand jury determination that :
a) a crime has been committed
b) you are the person that likely committed that crime.
This little thing called the US Constitution requres this.
If you want to know more of the rules do a findlaw search on federal criminal procedure.
yes it does is part of the english common law that existed before independance and therefore remained in the US common law. I've heard of several Habeas Corpus pettitions being filed in the last couple of years.
I'm having trouble finding the article - I read it some time ago - but it was made very clear by a congressman interviewed in the article that making SCMS (for cd) & Macrovision (for vcr's)mandatory was in return for the industry not violating fair use rights.
One fact here though - congress was very clear that writing the SCMS into law bound the recording industry to *NOT* add further countermeasures to prevent fair use - this was a deal struck between congress and the record companies - time to lobby your congressman for an enquiry into why they're going ahead with it anyway.
Seems to me Adobe realised this case wasn't going to fly and may well have brought down the DMCA. By backing off they retain the big stick of the DMCA to threaten others with.
And the "innocent until proven guilty" bit is only for criminal trials, not general conduct. Can you buy a car without registration and other paperwork? Does E-bay let you trade narcotics? Do bartenders have to wait until the police come and you're arrested before they card you?
errr what ?! By what you're saying cops should pre-emptively pull over every driver and check documentation or better still set up a check point in your driveway
Last time I listed something on Ebay I didn't have to submit a lab test to prove it wasn't narcotics - they just took my word for it.
I wasn't trying to apply an "innocent until proven guilty" exactly - but it is not normal to prohibit all trade in order to prevent the illegal part.
Oh I see we've gone from a preliminary injunction skipped all the usual trial formalities and summary judgment has been issued has it ??
The last time I checked all that had happened was that a judge had ruled that the record industry had a reasonable chance of success at trial and to prevent irreperable harm napster should cease offering copyrighted works until a final ruling after the trial (which hasn't even begun yet)
The question of whether napster was doing anything illegal hasn't even been argued yet !!
(I Understand the preilimary injunction hearing heard some argument on this but it is in no way a final determination of this case).