In essence, you can't sue them for -not-hosting- content, but, because the safe-harbour provisions fail when content is actively policed, they can be sued for full copyright damages by anyone, without first having to file DMCA takedown notices.
So, a copyright holder can establish a pattern of abuse on youtube where their copyrighted content is posted without permission, sit back, watch UMG take down other stuff but not the copyright holders' content, and -not- file DMCA takedown notices for a while, and then file a massive copyright infringement claim, with a relief request that effectively shuts down youtube entirely.
The only way out for youtube is to terminate the agreement with UMG.
Oh, also, UMG wins both ways. With youtube gone/sued, they'll have a great time in the press declaring it a rogue platform, as now confirmed by the courts.
tell me how this is worse than having the software sit around, and claiming that "you didn't use it for 3 years" is more convincing than "we found an error and fixed it".
you're suggesting that leaving the invalidly licensed software on the machines is a better course of action? LOL
Seriously though, hit "uninstall" and claiming in a court later that there was an accidental issue, you discovered it and fixed it, seems a LOT smarter than telling the court that "for three years after sent notice, defendent continued to operate illegally licensed software".
I live with feet in both sides, and I can tell you, Open Source generally does much (100x) better than closed source. Especially in companies that need to release product or die. Hey, that's about every commercial company I know....
154 comments and nobody mentions btrfs? Seriously, we don't need zfs anymore... And most definately not some half-assed probably-patent-encumbered version that will never make it upstream - mark my words: it will be unmaintained within 10 minor kernel versions.
I think it's a fake, and I know of one achievement he doesn't have (perhaps wowarmory doesn't even know them):
it takes at least 5 kills over Argent Confessor Paletress to get an achievement for killing at least 5 different nightmares. He's only killed this boss once according to his stats page.
other achievements also show incomplete but granting him the achievement points (turkey rogue shooter one for instance).
looks like a giant glitch on blizzards site, and so I'm not trusting his page (not that it isn't impressive, but he certainly hasn't *beat* wow just yet).
Well sometimes you have to take a nice idea and try and make it work. Thanks to the US (largely) being a dickwad this interesting experiment totally failed. Even though Kyoto wasn't ideal, the alternative was far worse - and that's exactly what we got.
The same is happening to health care - why can't people see that it isn't 'bend or bust'? If things don't work out in a year or two, we can effin fix it. That's exactly how Kyoto was intended (which is why it had an expiration date).
The problem with this is that due to the exclusivity of linux, linux training is also exclusive, and thus costs are high. If linux marketshare would be 90% or more, the prices for linux support and training will most likely be on par (cost wise) with that of Windows, r better.
That's a largely ignored factor. Throwing linux at a whole nation's education system is the best way to cure the dependency on proprietary tie-in, but the hurdle might be high. The problem is that linux isn't gaining market share even though everyone knows that the windows problem will be solved quicker if linux gains market share early.
99.9% of them are people who want to play free games
what's wrong with that? I play many free, and many paid games as well. There are hundreds of free games around on the internet, just google....
ohhhh wait, you mean to say "99.9% of them are people who don't want to pay for expensive games" ? Gee, I wonder how the game industry makes a living with only 0.1% of their customer base paying for their games....
Piracy rates are way overrated. Unless you have factual numbers, please don't feed the RIAA/MPAA/ESA trolls more inaccurate information.
Here are some real correct factual numbers:
- 100.0% of people who like computer games like free games. - 100.0% of people who pay for computer games would love to be able to play those games for free.
well that's one way of twisting the issue around, kudos to you too!
Microsoft should ban cheaters, not people with modified clients. Banning modified clients will cause BOTH cheaters and people who do not even want to cheat to defeat the new measures against them. But you're conveniently forgetting about the second group.
Wait, does that mean you're OK with non-cheaters becoming better modders ? My mind boggles...
You can't really be a leader anymore, the US is already behind and will only ever play catch-up at best.
You fail if you don't look at what the current leaders do good, and the losers do bad. In the case of the US, it is the loser and "looking at the winner" is frowned upon. Go figure.
In essence, you can't sue them for -not-hosting- content, but, because the safe-harbour provisions fail when content is actively policed, they can be sued for full copyright damages by anyone, without first having to file DMCA takedown notices.
So, a copyright holder can establish a pattern of abuse on youtube where their copyrighted content is posted without permission, sit back, watch UMG take down other stuff but not the copyright holders' content, and -not- file DMCA takedown notices for a while, and then file a massive copyright infringement claim, with a relief request that effectively shuts down youtube entirely.
The only way out for youtube is to terminate the agreement with UMG.
Oh, also, UMG wins both ways. With youtube gone/sued, they'll have a great time in the press declaring it a rogue platform, as now confirmed by the courts.
I'm also wondering if this doesn't make UMG liable for damages as well - they are an intricate part and could potentially be a co-defendent.
Asus x101:
- It's all tested
- It's 200$ (well, 199)
- There is no windows sticker.
DISCLAIMER: well, this is pretty much an advertisement. sorry.
It's because they were under their allotted budget, so, they had to spend more tax dollars in order to get the same budget next quarter.
You didn't think this was actually about making people more safe, did you?
prior art for "slide to unlock" - go to your local hardware store and get a "door chain" type locking device.
prior art for "hit over the head (...)" was posted in floppy.c from Minix: http://www.raspberryginger.com/jbailey/minix/html/floppy_8c-source.html#l00979 [raspberryginger.com]
However, just for kicks, I'll take one if you do indemnation for repercussions of using the patented invention.
tell me how this is worse than having the software sit around, and claiming that "you didn't use it for 3 years" is more convincing than "we found an error and fixed it".
you're suggesting that leaving the invalidly licensed software on the machines is a better course of action? LOL
Seriously though, hit "uninstall" and claiming in a court later that there was an accidental issue, you discovered it and fixed it, seems a LOT smarter than telling the court that "for three years after sent notice, defendent continued to operate illegally licensed software".
my flip video recorder is laughing very loudly.
I wonder if "[citation needed]" is the encryption key to the "insurance" file....
This whole media circus will be over in a second if all the media looks at the contents of that instead of this.
I live with feet in both sides, and I can tell you, Open Source generally does much (100x) better than closed source. Especially in companies that need to release product or die. Hey, that's about every commercial company I know....
Name one linux distribution that ships zfs as part of the default installation, and installs by default on it.
154 comments and nobody mentions btrfs? Seriously, we don't need zfs anymore... And most definately not some half-assed probably-patent-encumbered version that will never make it upstream - mark my words: it will be unmaintained within 10 minor kernel versions.
If everyone bought the underdog, wouldn't they be the market leader?
so THAT is what motivates police officers, now I get it.
is they'll never pay a fine. guess how?
I can think of one: it allows them to see which websites are popular?
Or another one: it allows them to match & check advertisement click throughs?
there's a huge source of information in DNS lookups. The CIA and NSA wants you to use *their* DNS server too.
I think it's a fake, and I know of one achievement he doesn't have (perhaps wowarmory doesn't even know them):
it takes at least 5 kills over Argent Confessor Paletress to get an achievement for killing at least 5 different nightmares. He's only killed this boss once according to his stats page.
other achievements also show incomplete but granting him the achievement points (turkey rogue shooter one for instance).
looks like a giant glitch on blizzards site, and so I'm not trusting his page (not that it isn't impressive, but he certainly hasn't *beat* wow just yet).
Actually that's totally untrue. You NEVER give up your constitutional rights. No contract or agreement can also take them away.
I strongly suspect that the manufacturing capacity of Europe is rather a lot smaller than the total EU-wide demand for consumer goods
CIA factbook on the EU states, quote:
"Exports: $1.952 trillion (2007)
Imports: $1.69 trillion (2007)"
seems like your suspicion is off... the EU is a huge importer of raw goods, obviously the exports must be from something else
Well sometimes you have to take a nice idea and try and make it work. Thanks to the US (largely) being a dickwad this interesting experiment totally failed. Even though Kyoto wasn't ideal, the alternative was far worse - and that's exactly what we got.
The same is happening to health care - why can't people see that it isn't 'bend or bust'? If things don't work out in a year or two, we can effin fix it. That's exactly how Kyoto was intended (which is why it had an expiration date).
The problem with this is that due to the exclusivity of linux, linux training is also exclusive, and thus costs are high. If linux marketshare would be 90% or more, the prices for linux support and training will most likely be on par (cost wise) with that of Windows, r better.
That's a largely ignored factor. Throwing linux at a whole nation's education system is the best way to cure the dependency on proprietary tie-in, but the hurdle might be high. The problem is that linux isn't gaining market share even though everyone knows that the windows problem will be solved quicker if linux gains market share early.
99.9% of them are people who want to play free games
what's wrong with that? I play many free, and many paid games as well. There are hundreds of free games around on the internet, just google....
ohhhh wait, you mean to say "99.9% of them are people who don't want to pay for expensive games" ? Gee, I wonder how the game industry makes a living with only 0.1% of their customer base paying for their games....
Piracy rates are way overrated. Unless you have factual numbers, please don't feed the RIAA/MPAA/ESA trolls more inaccurate information.
Here are some real correct factual numbers:
- 100.0% of people who like computer games like free games.
- 100.0% of people who pay for computer games would love to be able to play those games for free.
wow, you don't have much imagination, do you?
oh alright, lets go over the _possible_ reasons that people might want to modify their Xbox
- to fix security issues that microsoft/Xbox Live hasn't patched yet. e.g.
http://www.totalvideogames.com/Xbox-360/news/Xbox-360-Website-Security-Flaw-Patched-7405.html
this wouldn't be possible if microsoft had banned these guys from researching a fix.
- to fix hardware issues that microsoft/Xbox Live refuses to fix
http://windowsitpro.com/article/articleid/101070/court-filing-microsoft-knew-about-refused-to-fix-xbox-360-flaw.html
http://www.shacknews.com/onearticle.x/47671
so microsoft stiffed you with a dead box. why can't you fix it yourself? because inserting a different hard disc can already be considered a mod! yay!
- to make a game backup (which is 100% legal in many countries, if not everywhere)
http://forums.afterdawn.com/thread_view.cfm/141037
I can go on for a while... want some more?
well that's one way of twisting the issue around, kudos to you too!
Microsoft should ban cheaters, not people with modified clients. Banning modified clients will cause BOTH cheaters and people who do not even want to cheat to defeat the new measures against them. But you're conveniently forgetting about the second group.
Wait, does that mean you're OK with non-cheaters becoming better modders ? My mind boggles...
You can't really be a leader anymore, the US is already behind and will only ever play catch-up at best.
You fail if you don't look at what the current leaders do good, and the losers do bad. In the case of the US, it is the loser and "looking at the winner" is frowned upon. Go figure.