Not at all! You must understand the LEAGAL meaning of Sun Microsystems claims:
"It says (SUN) that anyone using its kit is responsible for ensuring that how it's use doesn't violate licenses, and that's not Sun's problem."
Were THIS the "Leagal Lay of the Land", Napster would have won a resounding Victory facing their Injuncion, and the Recording Industry would today be undertaking new Business Models. We should uphold GPL standards with Strict Interpretation, especially while the Opposition maintains the same posture!
CATO is NOT the 'free market' champion they proport to be, but is in truth a corporate
apologizer who has turned a blind eye towards Microsoft's abuses. As a (former) CATO contributor, my attempts to explain the Microsoft case to CATO received only rude and condecending rebuttal.
What CATO fails to acknoledge is that Microsoft is the beneficiary of a government sanctioned monopoly by virtue of CopyRight Law. This case does not deal with "normal" economic principles but instead wrestles with the use and abuse of government monopoly power provided by CopyRight. The original intent of CopyRights and Patents, to promote and reward intellectual pursuit, is today distorted to the point that both can be used as weapons that can actually destroy intellectual pursuit.
Bill Gates is the leading innovator of leveraging governemnt power in the form of CopyRights.
The Professionals: `Big Rig Truckers' have used CB radio for years and the results are impressive. After installing my own CB, and aclimating myself to the `Trucker Culture' I can say first hand that Two Way communication is wonderful for vehicular situations. The Pros know about Radar Traps and Emergency Situations miles before clueless car operators `happen upon the scene'. Pros also band together to denounce uncivilized behavior - warning eachother about `Road enRaged' drivers, and chiding operators that use abusive language. Although CB language may be `Rude and Crude', most `Pros' clamp down promptly on Hate Speech, or cleverly make a mockery of any Bigot.
Hack AOL's client into a proxy cache. Shure it's illegal, but who chares. It may be a great test of the DCMA and the "circumvention" clause since it will allow open platform access to AOL's content.
Good Point. The peer-to-peer archetecture of the Internet is unique, especially when compared with the one-to-many archetecture of broadast media. I detest the Broadcast Trends we've seen overtake the 'net due to advertisement economics. We need a new Internet Service in the form of a Public Access Directory that would allow any IP stack to publish content - with or without a domain name!
I sure wish DOJ had attempted to force M$ to publish it's Windoz source code! Such a Left-Liberal seizure of property! Gosh I can only imagine the "FireWorks" such a proposal would have set off!
What is the chance that the Government could use a Forfeiture Statute to make Microsoft release the Windows Source Code to the Public Domain?
Sound Crazy?
Not Really. The Intellectual Property, although created by Microsoft, is vital to other companies who depend on it for their own products and services. These businesses are built on top of the OS, and place trust in Microsoft's Intellectual Property. This Operating System is more like a Common Facility.
Stripping this ownership would eliminate Microsoft's practice of incompatibility and obstruction of essential services merely to disadvantage competitors.
Right on man! Now that IS COOL! Yea!! I tellya what...The Public deserves a piece...YEA. Thats Right...those property guys trying to auction spectrum, what a buch of crap! We should have regional and nation wide CDMA or Spread Spectrum packet radio links, maintained and operated by amateurs and pros alike...Encrypted Even!!! YEA...Anybody with spectrum qualified gear could play!! YEEEeeEHAAAAaaaa!!
Go syncronous. The cards are expensive ($400) but it is the fastest solution. With this setup, you can use a syncronous ISDN terminal adapter, which are usually much higher in quality. I like Adtran myself
Didn't Corel already "Break the Law"? Is not thier "product" in public circulation, all the while asserting ownership where none exists? Were the tables turned around, Corel's lawyers would have already began sending registered mail. You betcha!
Glad to hear some sane comment on this. Escro is dead...RIP. The world is beginning to embrace private ciphers. Heck...a patriotic thought may prompt me to expatriate and assist the encyption effort off shore... Hmmm...
How can Doubleclick enforce this patent? They have no case! What does it matter that the patent office issued it? They still have nothing. My guess is that these guys just copied it from public domain sources which were already in place. There is a good case for 'prior art' from the public domain!
We should focus on that. Getting 'prior art' status to all public domain areas, literature included! It's a good shield agains the hoarding tendancies...a derivative effect of wealth.
I also think the case has problems with 'prior art'. When does DClick claim to have invented it? My guess is that these guys just copied it from 'prior art' already in the public domain. So they are not entitled to a patent! Everything in the public domain constitues 'prior art'.
These have been around for a while. They used to be called "Police Radar Jammers".
The instructions were as simple as putting a spark plug (source of all radio frequencies) into a properly tuned wave guide.
I've not tried this, but it seems simple enough to put "under the hood", even in your shirt pocket! (Pocket sized radar detectors contain a small wave guide.)
Imagine a radar detector waveguide with a small spark gap installed in the cavity with the spark gap energized by a pizo-ignition device from something like a camping lantern.
The real challenge here is access to the High Frequency test equipment neccessary to tune the Wave Guide to whatever channel needs jamming. Test instruments like this can cost $50,000!
If the "file-space" servers could be configured to perform some form of "data striping", then the actual offensive material would literally have a "distributed" location. The Leagal Eagles would relly have a tough time nailing down precisely where the "offensive" data lived.
Slashdot Mirror
Not at all! You must understand the LEAGAL meaning of Sun Microsystems claims:
"It says (SUN) that anyone using its kit is responsible for ensuring that how it's use doesn't violate licenses, and that's not Sun's problem."
Were THIS the "Leagal Lay of the Land", Napster would have won a resounding Victory facing their Injuncion, and the Recording Industry would today be undertaking new Business Models. We should uphold GPL standards with Strict Interpretation, especially while the Opposition maintains the same posture!
CATO is NOT the 'free market' champion they proport to be, but is in truth a corporate
apologizer who has turned a blind eye towards Microsoft's abuses. As a (former) CATO contributor, my attempts to explain the Microsoft case to CATO received only rude and condecending rebuttal.
What CATO fails to acknoledge is that Microsoft is the beneficiary of a government sanctioned monopoly by virtue of CopyRight Law. This case does not deal with "normal" economic principles but instead wrestles with the use and abuse of government monopoly power provided by CopyRight. The original intent of CopyRights and Patents, to promote and reward intellectual pursuit, is today distorted to the point that both can be used as weapons that can actually destroy intellectual pursuit.
Bill Gates is the leading innovator of leveraging governemnt power in the form of CopyRights.
The Professionals: `Big Rig Truckers' have used CB radio for years and the results are impressive. After installing my own CB, and aclimating myself to the `Trucker Culture' I can say first hand that Two Way communication is wonderful for vehicular situations. The Pros know about Radar Traps and Emergency Situations miles before clueless car operators `happen upon the scene'. Pros also band together to denounce uncivilized behavior - warning eachother about `Road enRaged' drivers, and chiding operators that use abusive language. Although CB language may be `Rude and Crude', most `Pros' clamp down promptly on Hate Speech, or cleverly make a mockery of any Bigot.
Hack AOL's client into a proxy cache.
Shure it's illegal, but who chares.
It may be a great test of the DCMA and the "circumvention" clause since it will allow
open platform access to AOL's content.
Good Point. The peer-to-peer archetecture of the Internet is unique, especially when compared with the one-to-many archetecture of broadast media. I detest the Broadcast Trends we've seen overtake the 'net due to advertisement economics. We need a new Internet Service in the form of a Public Access Directory that would allow any IP stack to publish content - with or without a domain name!
I sure wish DOJ had attempted to force M$ to publish it's Windoz source code! Such a Left-Liberal seizure of property! Gosh I can only imagine the "FireWorks" such a proposal would have set off!
What is the chance that the Government could use a Forfeiture Statute to make Microsoft release the Windows Source Code to the Public Domain?
Sound Crazy?
Not Really. The Intellectual Property, although created by Microsoft, is vital to other companies who depend on it for their own products and services. These businesses are built on top of the OS, and place trust in Microsoft's Intellectual Property. This Operating System is more like a Common Facility.
Stripping this ownership would eliminate Microsoft's practice of incompatibility and obstruction of essential services merely to disadvantage competitors.
Right on man! Now that IS COOL! Yea!! I tellya what...The Public deserves a piece...YEA. Thats Right...those property guys trying to auction spectrum, what a buch of crap! We should have regional and nation wide CDMA or Spread Spectrum packet radio links, maintained and operated by amateurs and pros alike...Encrypted Even!!! YEA...Anybody with spectrum qualified gear could play!! YEEEeeEHAAAAaaaa!!
Go syncronous. The cards are expensive ($400) but it is the fastest solution. With this setup, you can use a syncronous ISDN terminal adapter, which are usually much higher in quality. I like Adtran myself
Hey!! Corel is Deep Pockets man! Real sharks will work pro-bono on this! Let's get cracking!!
Where is RS when you need him...(kicking and screeming!)
Do you know of any case law that has supported the Attorney-Client privelage under these circumstances? I.E. The Feds lost their case?
Didn't Corel already "Break the Law"? Is not thier "product" in public circulation, all the while asserting ownership where none exists? Were the tables turned around, Corel's lawyers would have already began sending registered mail. You betcha!
I think GPL needs prompt legal action!
Glad to hear some sane comment on this.
Escro is dead...RIP.
The world is beginning to embrace private ciphers.
Heck...a patriotic thought may prompt me to
expatriate and assist the encyption effort off
shore...
Hmmm...
How can Doubleclick enforce this patent? They have no case! What does it matter that the patent office issued it? They still have nothing. My guess is that these guys just copied it from public domain sources which were already in place. There is a good case for 'prior art' from the public domain!
We should focus on that. Getting 'prior art' status to all public domain areas, literature included! It's a good shield agains the hoarding tendancies...a derivative effect of wealth.
I agree.
I also think the case has problems with 'prior art'. When does DClick claim to have invented it? My guess is that these guys just copied it from 'prior art' already in the public domain. So they are not entitled to a patent! Everything in the public domain constitues 'prior art'.
These have been around for a while. They used
to be called "Police Radar Jammers".
The instructions were as simple as putting a
spark plug (source of all radio frequencies)
into a properly tuned wave guide.
I've not tried this, but it seems simple enough
to put "under the hood", even in your shirt
pocket! (Pocket sized radar detectors contain
a small wave guide.)
Imagine a radar detector waveguide with a small
spark gap installed in the cavity with the
spark gap energized by a pizo-ignition device
from something like a camping lantern.
The real challenge here is access to the High
Frequency test equipment neccessary to tune
the Wave Guide to whatever channel needs jamming.
Test instruments like this can cost $50,000!
Enjoy!
If the "file-space" servers could be configured
to perform some form of "data striping", then
the actual offensive material would literally
have a "distributed" location. The Leagal Eagles
would relly have a tough time nailing down
precisely where the "offensive" data lived.