> Comparing binary compiles is a good way of > testing, but it's not 100% proof. It's damn > close, but would a judge know that?
He doesn't need to. He just needs to be convinced that there is a reasonable possibility of infringement (expert witnesses can convince him of that) and he will grant dsicovery, forcing Sigma to make their source available for examination.
It's pretty damn sick to libel an entire community because of unauthorized copying by some college kids. I have never knowingly infringed a copyright. If you are claiming I did so you had damn well better be prepared to prove it in court.
I expect that the FSF will be able to arrange for Lawrence Lessig or some of his colleagues to work on this case for free. There _are_ lawyers out there who believe in Free Software.
A 'terrorist' having his head forcibly examined by the NatCops is not likely to be in exactly the same mental state as one sauntering through an airport.
Because recipients of copies would then have only the rights allowed by copyright law, which is almost none. Free Software licenses grant you rights that you would otherwise not have.
I read the JCA as saying that the contributor can do anything at all with his contribution, including licensing it under restrictive terms. However, Sun can do likewise. I'd like to see what a lawyer has to say about it, though.
Godzilla was not the first fire-breathing dragon ever drawn. Not by centuries. Why do you expect these people to succeed with fire-breathing dragons where Disney failed with cartoon mice?
Your "Boyardee" argument is valid, but I believe
my original point is still valid, because
Davezilla is not making movies (Or action
figures, comic books, or otherwise trying to
trade on the Godzilla character)
And his dragon resembles the one on the Welsh flag (http://www.data-wales.co.uk/flag.htm) far more than it does Godzilla.
Quit reaching, and admit its a good claim.
Sure, going after a non-profit project is low
down, but its still in their rights.
Trademark is not copyright. They have to prove that potential customers of theirs are likely to confuse the mark Mozilla with their Godzilla mark. Fairly difficult, I think. As to the image, pictures of lizards and dinosaurs have been around for a long time. The fact that they have not complained before this will count heavily against them, too.
So even though there is no 'charging' going on,
the value of the product still changes hands.
While someone who distributes unauthorized copies of copyrighted works over a P2P network _might_ download copyrighted works of similar value, it is perfectly ok to take and never give, or to give and never take. There is no contract or bargain, which is what the law is clearly aimed at. Only on a P2P network with some sort of BBS-style "upload quotas" would the NET law apply.
The attack also fails if the reply containing the "garbled" message is encrypted. Always encrypt replies to encrypted messages to avoid giving attackers a plaintext.
Use a one-way hash such as MD5 on the ISBN as
a key. When you check out a book, only this
hash is recorded.
And then the FBI runs the ISBNs of all the books they find "interesting" through the hash and searchs for matches.
Another downside, the library doesn't have a
way of keeping track of which books need to be
replaced.
Sure they do. They can add the accession number of each book to a list of books in circulation as it is checked out. If you note only the week or even only the month it went out you'll be able to figure out when to give up hope of it coming back without giving the FBI any useful information.
I like your idea of "price classes", though. Try this: When you check out a book its price class is added to a list linked to your name. Appended to this is a hash of the accession number likely to be unique among the small number of books of a given class that can be checked out by any one client but far from unique across the entire collection. When you return the book the hash is recomputed and the book removed from the list. If you don't return the book the library levies fines and eventually compensation based on the price class. An adequate hash might be something as simple as the las few digits of the accession number.
I love how the news outlets are saying,
"error", "irregularity", "problem", as if this
was all some sort of tragic accident,
As far as I can tell those are Worldcom's words. The newsies are reporting what they were told. Calling it criminal in a news story would be to run the risk of losing a libel suit as there have been no convictions yet.
While it is pretty obvious that there was criminal fraud, that has not yet been proven in a court of law. Let's not encourage the newsies to inject their opinions into the news any more than they already do.
Re:No magnets? What about costs?
on
Atomic Scale Memory
·
· Score: 5, Insightful
First off, if this is widely used, won't this
be expensive?
A small fraction of a cents in gold per 1000 terabytes. Your computer already has much more gold in it than one of these would require.
Slashdot Mirror
They can supply XVID with money and lawyers.
It's also not too late for XVID to assign the copyright to the FSF if they want to.
> Comparing binary compiles is a good way of
> testing, but it's not 100% proof. It's damn
> close, but would a judge know that?
He doesn't need to. He just needs to be convinced that there is a reasonable possibility of infringement (expert witnesses can convince him of that) and he will grant dsicovery, forcing Sigma to make their source available for examination.
It's pretty damn sick to libel an entire community because of unauthorized copying by some college kids. I have never knowingly infringed a copyright. If you are claiming I did so you had damn well better be prepared to prove it in court.
I expect that the FSF will be able to arrange for Lawrence Lessig or some of his colleagues to work on this case for free. There _are_ lawyers out there who believe in Free Software.
A 'terrorist' having his head forcibly examined by the NatCops is not likely to be in exactly the same mental state as one sauntering through an airport.
Because recipients of copies would then have only the rights allowed by copyright law, which is almost none. Free Software licenses grant you rights that you would otherwise not have.
I read the JCA as saying that the contributor can do anything at all with his contribution, including licensing it under restrictive terms. However, Sun can do likewise. I'd like to see what a lawyer has to say about it, though.
Have you ever tried to turn that appraisal into actual money?
Even better yet, buy an antique
Even better yet, find a pawn shop.
When did Disney fail with cartoon mice? (never
heard of that...)
Ever heard of Mighty Mouse?
Why are you asking me?
It was a generic you.
When was it first used in interstate commerce? That's all that matters.
Nothing relieves IP law of its ridicule.
Microsoft would bluster, but it would be perfectly legal.
Godzilla was not the first fire-breathing dragon ever drawn. Not by centuries. Why do you expect these people to succeed with fire-breathing dragons where Disney failed with cartoon mice?
Your "Boyardee" argument is valid, but I believe
my original point is still valid, because
Davezilla is not making movies (Or action
figures, comic books, or otherwise trying to
trade on the Godzilla character)
And his dragon resembles the one on the Welsh flag
(http://www.data-wales.co.uk/flag.htm) far more than it does Godzilla.
Exclusive rights to an acronym? Please.
That was ridiculous.
No, just British. British trademark law is a bit different from that in the US.
Quit reaching, and admit its a good claim.
Sure, going after a non-profit project is low
down, but its still in their rights.
Trademark is not copyright. They have to prove that potential customers of theirs are likely to confuse the mark Mozilla with their Godzilla mark. Fairly difficult, I think. As to the image, pictures of lizards and dinosaurs have been around for a long time. The fact that they have not complained before this will count heavily against them, too.
So even though there is no 'charging' going on,
the value of the product still changes hands.
While someone who distributes unauthorized copies of copyrighted works over a P2P network _might_ download copyrighted works of similar value, it is perfectly ok to take and never give, or to give and never take. There is no contract or bargain, which is what the law is clearly aimed at. Only on a P2P network with some sort of BBS-style "upload quotas" would the NET law apply.
The attack also fails if the reply containing the "garbled" message is encrypted. Always encrypt replies to encrypted messages to avoid giving attackers a plaintext.
You are sure confident in my (and my cohorts)
lack of ability.
I have no confidence at all in the willingness of the average librarian to risk a prison sentence for the sake of my privacy.
It only takes about 3 keystrokes to misplace a
log file. And we've been having alot of problems
with those back up tapes lately.
It's easy to say that now, but what will you do when you have four large, extremely aggressive men with guns standing over you?
Use a one-way hash such as MD5 on the ISBN as
a key. When you check out a book, only this
hash is recorded.
And then the FBI runs the ISBNs of all the books they find "interesting" through the hash and searchs for matches.
Another downside, the library doesn't have a
way of keeping track of which books need to be
replaced.
Sure they do. They can add the accession number of each book to a list of books in circulation as it is checked out. If you note only the week or even only the month it went out you'll be able to figure out when to give up hope of it coming back without giving the FBI any useful information.
I like your idea of "price classes", though. Try this: When you check out a book its price class is added to a list linked to your name. Appended to this is a hash of the accession number likely to be unique among the small number of books of a given class that can be checked out by any one client but far from unique across the entire collection. When you return the book the hash is recomputed and the book removed from the list. If you don't return the book the library levies fines and eventually compensation based on the price class. An adequate hash might be something as simple as the las few digits of the accession number.
First, all of our "private" information is
stored on the central server. We do not keep
any identifying data on the server past 30
days.
Why don't you delete it as soon as the book is returned?
As for any information stored on the public
access computers-- there is no way to tell who
used what computer on the client end.
Is there from the server end? If so, why?
Again, the usage records are all centralized and
secure.
Not against the FBI. For them the centralization is just an added convenience.
I love how the news outlets are saying,
"error", "irregularity", "problem", as if this
was all some sort of tragic accident,
As far as I can tell those are Worldcom's words. The newsies are reporting what they were told. Calling it criminal in a news story would be to run the risk of losing a libel suit as there have been no convictions yet.
While it is pretty obvious that there was criminal fraud, that has not yet been proven in a court of law. Let's not encourage the newsies to inject their opinions into the news any more than they already do.
First off, if this is widely used, won't this
be expensive?
A small fraction of a cents in gold per 1000 terabytes. Your computer already has much more gold in it than one of these would require.
I realize that these are gold MOLECULES,
Gold ATOMS.
On the desktop, though, I'm not sure of what
needs to be done to make things profitable.
Why do things need to be made profitable?
Does anyone else have any other ideas of how
Linux software vendors could develop good
software, make money, and stay true to their
ideals?
We are developing good software and staying true to our ideals. Making money as well would be nice, but why is it necessary?