This has some interesting possibilities, especially in the context of representing real-world elements in virtual space, and assist in more accurate search engine results. For example:
info:map/40.47N/73.58W for NYC's Central Park
could be encoded into any Web page about Central Park; and
info:palm/model/P80900US for the Palm Tungsten C
could be included in every online retailer's site where the T|C is sold.
This would seriously enhance the now piece-meal effort to pick the best search term to find specific items that may have common names. {Jonathan}
------------------- Prof. Jonathan I. Ezor Associate Professor of Law and Technology Director, Institute for Business, Law and Technology (IBLT) Touro Law Center 300 Nassau Road, Huntington, NY 11743 Tel: 631-421-2244 x412 Fax: 516-977-3001 e. jezor@tourolaw.edu BizLawTech Blog: http://iblt.tourolaw.edu/blog
The anti-circumvention provisions of the DMCA are not actually about infringement; they are separate restrictions beyond copyright. The question of "significant non-infringing use" is not really relevant to the anti-circumvention debate. {Jonathan}
------------------- Prof. Jonathan I. Ezor Associate Professor of Law and Technology Director, Institute for Business, Law and Technology (IBLT) Touro Law Center 300 Nassau Road, Huntington, NY 11743 Tel: 631-421-2244 x412 Fax: 516-977-3001 e. jezor@tourolaw.edu BizLawTech Blog: http://iblt.tourolaw.edu/blog
This is the same Julian Dibbell who wrote the incredible "A Rape in Cyberspace," first published in the Village Voice. I use it as a text in my Cyberlaw class. It's no surprise, then, that he's exploring even more real-world equivalents in the online universe. {Jonathan}
And how do you ensure that the original is "not in use"? Even if you require all shareholders to run some kind of gatekeeper app on their computers to prevent playback of an in-use disc, that app will have absolutely no effect on home stereos, portable disc players, car systems, etc. This is where I see the biggest flaw in this proposal. {Jonathan}
This is not particularly helpful, unless she happens to sign up for an ISP no one has ever heard of. Most major spammers use alphabet attacks to send to every possible combo of letters and numbers @ [name your popular ISP], so even brand new addresses at AOL will get spam in no time. The online form entries are, I'd suspect, only a very small part of the problem.
Professor Jonathan Ezor Director, Touro Institute for Business, Law and Technology
" It wouldn't. But the government could finally cash in on the internet. Its all in our best interests of course."
Um, which government? As much as I will argue against the notion of the Internet as a lawless environment, the bottom line is that it is without borders, and spammers will easily be able to find an offshore haven from which to send their sexual enhancement ads. To assume that a US or UK law charging a per e-mail tax will somehow eliminate spam is unrealistic and unworkable. It will also significantly reduce the incentive to use e-mail for appropriate means, such as operating an e-mail discussion list. Professor Jonathan I. Ezor Director, Touro Institute for Business, Law and Technology jezor@tourolaw.edu
I've created a number of beta agreements over the years. While they are often forgotten, they are extremely important, not only because of the intellectual property concerns (whose idea is it?) but because beta stuff can crash machines and damage data.
Here are the basic questions any beta agreement needs to answer:
1) How will the beta be delivered to the tester?
2) What are the beta testers expected to do, and by when?
3) What potential problems should the tester expect?
4) How long will the beta test last?
5) Who owns the results of the beta test?
6) How, if at all, will the beta testers be paid?
7) Is the beta to be kept confidential and, if so, for how long?
Like all well-written agreements, it should also disclaim any warranties (promises) the developer doesn't want to make, and list the jurisdiction whose laws will apply to any conflicts.
COPPA, the Children's Online Privacy Protection Act, is about collecting personally-identifiable information, not aggregate data, so I'm not sure this is a violation. Also keep in mind that COPPA, which is constitutional, should not be confused with the anti-adult material Children's Online Protection Act, or COPA, which was found to be unconstitutional.
Jonathan I. Ezor
Dir. of Legal Affairs, CyberRebate.com
Find out why Library Journal called Jonathan's book
CLICKING THROUGH: A Survival Guide for Bringing Your Company Online
(Bloomberg Press: 1999) one of "The Best Business Books of 1999"!
Click here for free Internet legal news for your Web site or newsletter.
"Kleenex" is a product of the Kimberly-Clark company, and is still a trademark. So far as I know, "Band-Aid" is also still a registered trademark. Trademark protection is why (for those of you of a certain age, in the United States) you'll remember that the cutesy musical jingle went from "I am stuck on Band-Aids" to "I am stuck on Band-Aid Brand". Check out this Johnson & Johnson site and this filing from 1924 for trademark details. {Jonathan Ezor, author of "Clicking Through: A Survival Guide for Bringing Your Company Online" (Bloomberg Press 1999)}
Their reason? If you're doing it at a store, you've got some commercial purpose for doing so (making people buy more, enticing a certain demographic into your doors, keeping employees more productive, drowning out the union striking outside your door, whatever). To their eyes, any commercial benefit from this music should be shared with the publishers (ASCAP's main constituency) of the music. The publishers don't directly benefit from ad sales by the radio station, so the extra exposure doesn't help them--notice that the stations don't charge you to play their signal publicly.
Not discounting the inventive humor of this post, I had to add: I'm a lawyer. I've used one PalmPilot or another for close to three years. Not only have I never been this organized, and not only did I write most of my upcoming book Clicking Through: A Survival Guide for Bringing Your Company Online (Bloomberg Press; expected Oct. 1999) directly on my PalmPilot, but I haven't picked up a legal pad since I got my first Pilot 1000. More productive? Damned straight!
Fine, I'll take this one. The Palm Pilot platform has had a built in TCP/IP stack and Internet-capable applications since at least the PalmPilot Pro, and maybe before. What's new to the Palm VII is wireless Internet connection without requirement of add-ons or modems. Of course, the 8kbps Web clipping offered by the Palm VII is fun, but the 19.2kbps CDPD IP connectivity offered by the clip-on Minstrel wireless modems is available today, nationwide, affordable, and is true Internet access. Very cool. {Jonathan}
This has some interesting possibilities, especially in the context of representing real-world elements in virtual space, and assist in more accurate search engine results. For example:
info:map/40.47N/73.58W for NYC's Central Park
could be encoded into any Web page about Central Park; and
info:palm/model/P80900US for the Palm Tungsten C
could be included in every online retailer's site where the T|C is sold.
This would seriously enhance the now piece-meal effort to pick the best search term to find specific items that may have common names. {Jonathan}
-------------------
Prof. Jonathan I. Ezor
Associate Professor of Law and Technology
Director, Institute for Business, Law and Technology (IBLT)
Touro Law Center
300 Nassau Road, Huntington, NY 11743
Tel: 631-421-2244 x412 Fax: 516-977-3001
e. jezor@tourolaw.edu
BizLawTech Blog: http://iblt.tourolaw.edu/blog
The anti-circumvention provisions of the DMCA are not actually about infringement; they are separate restrictions beyond copyright. The question of "significant non-infringing use" is not really relevant to the anti-circumvention debate. {Jonathan}
-------------------
Prof. Jonathan I. Ezor
Associate Professor of Law and Technology
Director, Institute for Business, Law and Technology (IBLT)
Touro Law Center
300 Nassau Road, Huntington, NY 11743
Tel: 631-421-2244 x412 Fax: 516-977-3001
e. jezor@tourolaw.edu
BizLawTech Blog: http://iblt.tourolaw.edu/blog
This is the same Julian Dibbell who wrote the incredible "A Rape in Cyberspace," first published in the Village Voice. I use it as a text in my Cyberlaw class. It's no surprise, then, that he's exploring even more real-world equivalents in the online universe. {Jonathan}
And how do you ensure that the original is "not in use"? Even if you require all shareholders to run some kind of gatekeeper app on their computers to prevent playback of an in-use disc, that app will have absolutely no effect on home stereos, portable disc players, car systems, etc. This is where I see the biggest flaw in this proposal. {Jonathan}
The older version of Glider 4.0 actually runs fine under Windows XP Pro, notwithstanding the warnings on the site.
:) {Jonathan}
Looks like a fun distraction. Now, if someone would port it to PalmOS 5.0...
It's the Tungsten C that has mono-only sound. {J}
This is not particularly helpful, unless she happens to sign up for an ISP no one has ever heard of. Most major spammers use alphabet attacks to send to every possible combo of letters and numbers @ [name your popular ISP], so even brand new addresses at AOL will get spam in no time. The online form entries are, I'd suspect, only a very small part of the problem.
Professor Jonathan Ezor
Director, Touro Institute for Business, Law and Technology
banzai51 wrote:
" It wouldn't. But the government could finally cash in on the internet. Its all in our best interests of course."
Um, which government? As much as I will argue against the notion of the Internet as a lawless environment, the bottom line is that it is without borders, and spammers will easily be able to find an offshore haven from which to send their sexual enhancement ads. To assume that a US or UK law charging a per e-mail tax will somehow eliminate spam is unrealistic and unworkable. It will also significantly reduce the incentive to use e-mail for appropriate means, such as operating an e-mail discussion list.
Professor Jonathan I. Ezor
Director, Touro Institute for Business, Law and Technology
jezor@tourolaw.edu
Congratulations and much happiness from an appreciative reader! {Jonathan Ezor}
I've created a number of beta agreements over the years. While they are often forgotten, they are extremely important, not only because of the intellectual property concerns (whose idea is it?) but because beta stuff can crash machines and damage data.
Here are the basic questions any beta agreement needs to answer:
1) How will the beta be delivered to the tester?
2) What are the beta testers expected to do, and by when?
3) What potential problems should the tester expect?
4) How long will the beta test last?
5) Who owns the results of the beta test?
6) How, if at all, will the beta testers be paid?
7) Is the beta to be kept confidential and, if so, for how long?
Like all well-written agreements, it should also disclaim any warranties (promises) the developer doesn't want to make, and list the jurisdiction whose laws will apply to any conflicts.
A quick search for "beta tester agreement" in Google will yield many examples from which to choose.
Jonathan I. Ezor, Esq.
Author, "CLICKING THROUGH: A Survival Guide for Bringing Your Company Online" (Bloomberg Press 2000)
Watch for Jonathan's E-book series "Less@Risk" coming soon!
COPPA, the Children's Online Privacy Protection Act, is about collecting personally-identifiable information, not aggregate data, so I'm not sure this is a violation. Also keep in mind that COPPA, which is constitutional, should not be confused with the anti-adult material Children's Online Protection Act, or COPA, which was found to be unconstitutional. Jonathan I. Ezor Dir. of Legal Affairs, CyberRebate.com Find out why Library Journal called Jonathan's book CLICKING THROUGH: A Survival Guide for Bringing Your Company Online (Bloomberg Press: 1999) one of "The Best Business Books of 1999"! Click here for free Internet legal news for your Web site or newsletter.
"Kleenex" is a product of the Kimberly-Clark company, and is still a trademark. So far as I know, "Band-Aid" is also still a registered trademark. Trademark protection is why (for those of you of a certain age, in the United States) you'll remember that the cutesy musical jingle went from "I am stuck on Band-Aids" to "I am stuck on Band-Aid Brand". Check out this Johnson & Johnson site and this filing from 1924 for trademark details. {Jonathan Ezor, author of "Clicking Through: A Survival Guide for Bringing Your Company Online" (Bloomberg Press 1999)}
Their reason? If you're doing it at a store, you've got some commercial purpose for doing so (making people buy more, enticing a certain demographic into your doors, keeping employees more productive, drowning out the union striking outside your door, whatever). To their eyes, any commercial benefit from this music should be shared with the publishers (ASCAP's main constituency) of the music. The publishers don't directly benefit from ad sales by the radio station, so the extra exposure doesn't help them--notice that the stations don't charge you to play their signal publicly.
Not discounting the inventive humor of this post, I had to add: I'm a lawyer. I've used one PalmPilot or another for close to three years. Not only have I never been this organized, and not only did I write most of my upcoming book Clicking Through: A Survival Guide for Bringing Your Company Online (Bloomberg Press; expected Oct. 1999) directly on my PalmPilot, but I haven't picked up a legal pad since I got my first Pilot 1000. More productive? Damned straight!
Fine, I'll take this one. The Palm Pilot platform has had a built in TCP/IP stack and Internet-capable applications since at least the PalmPilot Pro, and maybe before. What's new to the Palm VII is wireless Internet connection without requirement of add-ons or modems. Of course, the 8kbps Web clipping offered by the Palm VII is fun, but the 19.2kbps CDPD IP connectivity offered by the clip-on Minstrel wireless modems is available today, nationwide, affordable, and is true Internet access. Very cool. {Jonathan}