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  1. Re:We should look back to the Copyright Act of 197 on XM+MP3 Going to Trial · · Score: 1
    I have spent a lot of time looking this Act over the past few years and I think you have hit part of the nail on the head. There are a couple of questions that need to be answered:

    1. Is the device primarily marketed as a means to record digital audio? Sounds like it.

    2. Are they paying the royalty fees associated with such devices? Essentially a tax. Not sure.

    3. Does the device implement the SCMS (serial copyright management system to prevent copying beyond the first duplication? Probably not if they are storing in MP3 format.

    4. Lastly, the Act goes into detail about recording mediums and that they must also have the royalty paid (this is why blank CD's for MUSIC cost more than CD-R). I would assume that the recording medium is some kind of reusable flash memory and that the royalty is not paid.

    Their lawyers should know better, as the Act itself is really pretty clear on what can be used to make digital copies of audio recordings. If they had made a set-top box that stored the recordings and then let you edit and burn them to a music-cd, they probably would have had a leg to stand on, but the decision to use MP3's while popular with the public is probably a death knell to the device.

    This act is why you can go into Best Buy and purchase a CD-Recorder, although they are becoming scarcer, with which to make legal copies of copyrighted CD's for your own personal use. With those devices, upon which the royalties have been paid and by using the Music-cd's for which royalties have been paid, you can not be prosecuted for copyright infringement. At least, that is the way I read the law. NOTE IANAL!!!

  2. A visit to the dump - a reality check on How Warcraft Doesn't Have To Wreck Lives · · Score: 3, Insightful
    I was the first of my friends to start playing EQ. I got them all hooked. So 6 years later where are we. I still play, although I quit for a year, but now occaisionally game with my 13 year old (who is not allowed on without me btw). Most of the others still play occaisionally and others have left entirely, come back and left again. Of the seven friends I started playing EQ, one is still serously hooked.

    I went over to visit him the other day. I must say that I was totally grossed out. He owns his own house, but could no longer open the front door. I had to come in the back through the kitchen. There were dirty dishes piled all over and he didn't even have a clean glass to offer me a drink. There was trash piled everywhere and a little path through the rest of his house. He had two office rolling chairs to sit in. Everything else was covered with trash. He was sleeping on the floor and there were dirty clothes strewn everywhere.

    When I went to use the bathroom, there were dozens of empty toilet paper rolls strewn around the floor. When I lifted the lid on the toilet to take a leak, there was a huge turd plugging the drain. I tried to lift the plunger next to the toilet out of it's bucket, but it was stuck to the bucket. I was just thoroughly disgusted. I stayed for a little while longer. On my way out, I told him that he needed to unplug, go buy some trash bags and throw this crap away. He blushed and said he knew. I said yeah, but obviously he wasn't doing anything about it and somebody needed to say something. I doubt I got through to him, but don't know if I can go back.

    For every 6 out of 7 MMORPG players that are leading productive, healthly lives, there are those ones that have lost total control of their lives. They have forgotten about the real world and let everything go. They need serious help! I just don't know who is going to give it to them. I don't know if I can help or would just be wasting my time going back to him. I've tried to help others before and get them cleaned up and the next time you go back they're just as bad or worse. How do you help a friend in dire need of a reality check?

  3. Re:How Interviewing a Judge From One of These Case on Answers From Lawyers Who Defend Against RIAA Suits · · Score: 1
    Thank you for taking the time to reply to my comment. You are correct. Your answers clarified the questions that were presented to you. What people want to hear and settling the issues are indeed two different things. People just want to know under what circumstances they can make copies and share music, if any.

    What I really wanted was an answer to my question regarding the Audio Home Recording Act of 1992, which was highly moderated, but not chosen as one that was presented to you for the interview. If you have a moment, maybe you could weigh in with an educated viewpoint as mine just comes from reading the act and making some deductions based on it. I realize your time is valuable and will understand if you pass. Thanks.

    "I was wondering under what circumstances, if any, copying of recorded music on CDs is allowed for personal use." Below is a link to my original posting with my reasoning and question(s).

    http://slashdot.org/comments.pl?sid=196283&cid=160 83613

  4. How Interviewing a Judge From One of These Cases on Answers From Lawyers Who Defend Against RIAA Suits · · Score: 1

    These guys obviously don't have the answers we would like to hear, or perhaps more succinctly, the answers that we need to settle these questions. How about getting an Interview with a judge from one of these cases?

  5. Re:Under what circumstances is copying legal on Interview Lawyers Who Defend Against RIAA Suits · · Score: 1
    As a follow-up, I went out to Denon's website and looked at the PDF for their CDR-W1500 ($599 MSLP) CD recorder manual to see if they explain it better. Here's what's in the owner's manual.

    5 RESTRICTIONS RELATED TO THE CD-R/RW STANDARDS

    Standards concerned with CD recorder playback have been established based on the existing standards of CD players; however, for recording, the method differs from that used with existing cassette decks and MD recorders, etc. In view of this, please gain a good understanding of the following restrictions associated with CD-R/RW discs and enjoy the medium.

    Restrictions of Audio CD-R/RW Discs

    Only audio CD-R/RW discs can be recorded with this unit. "Use Audio CD" will be displayed when a disc other than one for use with audio such as a CD-R/RW disc for use with a personal computer or another type of disc is loaded. (See "Discs that Can Be Used with this Unit" on Page 5.)

    CD-R discs can be recorded to only once. The recorded information cannot be erased.

    The recorded information of CD-RW discs can be erased. When this disc has been finalized, erase after the finalization removal operation has been performed. (See "Cancellation of CD-RW disc finalizing" on Page 28.)

    Recording mistakes made with CD-R discs cannot be erased; therefore, it is recommended that a CD-RW disc be used until you are accustomed to the recording operation.

    Restrictions in Recording with this Unit

    The recording operation procedure is the same for CD-R discs and CD-RW discs.

    When making additional recording to a previously recorded disc, the end of the last track is detected and recording is started from there.

    The record standby mode cannot be set for CD-R/RW discs with a recordable time of about 8 seconds or less remaining.

    "Disc Full" will be displayed at this time.

    A maximum of 99 tracks can be recorded to one CD-R/RW disc. When the recording reaches the 99th track, "Disc Full" is displayed and recordings beyond this track will not be possible.

    Digital recording is not possible from CD-R/RW discs onto which have been digitally recorded, normal is it possible from MD or DAT, etc. When a digital recording is attempted from such sources, "Copy Prohibit" is displayed. To record from these digital sources, make the recording from the analog input. (See "Digital Copies" on Page 6.)

    This unit cannot record CD-ROM and other non-audio signal sources. When an attempt is made to record from such sources, "Copy Prohibit" is displayed.

    When a recording is made from a disc that includes data other than audio signals such as CD graphics or CD-TEXT, only the audio signal is recorded; other data is not recorded.

    DVD (Dolby Digital, DTS, and other compressed audio signals) cannot be recorded.

    Compatibility with Other CD Players and Discs

    Finalization processing on a CD-R disc that has been recorded with this unit will permit that disc to be played on ordinary CD player. (See "Finalizing CD-R/RW Disc" on Page 27.)

    Finalization processing on a CD-RW disc that has been recorded with this unit will permit that disc to be played only on a CD player designed to be used with CD-RW discs or on another CD recorder. (See "Finalization Processing of CD-RW Discs" on Page 6.)

    In the section on what discs you can use to record, it shows two logos that say "Compact Disc Digital Audio Recordable or ReWriteable. They must also show an indication of "For Consumer, Consumer Use or For Music Use Only".

  6. Re:Under what circumstances is copying legal on Interview Lawyers Who Defend Against RIAA Suits · · Score: 1
    The basis for my argument revolves around two parts of the Act I quoted. The first is that the digital audio recording device has to be primarily marketed for the purpose of making copies of digital audio recordings. Computers do not fit into this category, nor do CD-R recording drives. They are used primarily for data. The set-top or stand-alone box is marketed only for this purpose. I believe that Napster used an argument similar to what you are suggesting as a defense that sharing of files was not illegal. The courts shot that down because computers are marketed for data use. Copying CD's is just a nice side effect.

    Secondly, if you go to Best Buy or look online (here's a link to Memorex showing why you need the Music CD), you will find blank CD's that are labeled Music CD. Unlike CD-R and CD-RW discs, these are slightly more expensive because they have an additional surcharge attached to them. This surcharge is pooled and distributed per the requirements of the Audio Home Recording Act of 1992 to copyright holders as compensation for allowing us to make the copies. Here is a link to the text of the Audio Home Recording Act of 1992 for your reference.

    There are two other critical differences between computers and set-top/stand-alone CD recorders that separate them in regards to this law. The digital recording device must include the Serial Copy Management System. The SCMS marks the copy as a copy and does not allow any 2nd generation or beyond SCMS copy to be used as a source disc. Thus with the set-top box, you can only make a copy from an original CD, not like you can from any source disc on a PC CD-R drive. The second critical difference is that the set-top boxes will only work with the Music CD blanks. They should not copy to CD-R or CD-RW.

    I believe that this explains why computer CD-R drives are not applicable digital recording devices under the this law. Now if someone was smart, they would start marketing a CD drive for computers that incorporated the SCMS and legalize this whole thing on the computer. I don't know why it hasn't been done yet or maybe some have tried and the market did not accept the product since it is so much easier to just do it with a computer anyway and the odds of getting caught are slim and none. I am hoping that my question will get responded to and we will have a better idea of whether it is legal if you use the right equipment.

  7. Under what circumstances is copying legal on Interview Lawyers Who Defend Against RIAA Suits · · Score: 5, Interesting
    While I belive that downloading songs via P2P networks and burning copies of CD recordings with a computer CD-ROM drive is illegal under current law, I was wondering under what circumstances, if any, copying of recorded music on CDs is allowed for personal use. I have been under the impression for some time that the Audio Home Recording Act of 1992 allows me to make all of the private use digital copies I would like provided I am using something like a set-top CD Recorder and the taxed blank CD's produced for music copying. How does borrowing a CD from the public library and making a copy using one of these types of devices fall under the long arm of the RIAA and existing law? Thanks for taking the time to address this.

    Here are what I believe to be the relevent sections from the Audio Home Recording Act of 1992:

    Section 1001 defines a "digital audio recording device" as: "Any machine or device of a type commonly distributed to individuals for use by individuals, whether or not included with or as part of some other machine or device, the digital recording function of which is designed or marketed for the primary purpose of, and that is capable of, making a digital audio copied recording for private use ...".

    Section 1001 defines a "digital audio recording medium" as "any material object in a form commonly distributed for use by individuals, that is primarily marketed or most commonly used by consumers for the purpose of making digital audio copied recordings by use of a digital audio recording device.

    Such term (digital audio recording medium - my addition) does not include any material object--

    (i) that embodies a sound recording at the time it is first distributed by the importer or manufacturer; or

    (ii) that is primarily marketed and most commonly used by consumers either for the purpose of making copies of motion pictures or other audiovisual works or for the purpose of making copies of nonmusical literary works, including computer programs or data bases."

    Section 1008 says "No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the non-commercial use by a consumer of such a device or medium for making digital musical recordings or analog music recordings."

    Based on my reading of this act, I cannot be sued or arrested under a certain set of circumstances. I.e., using a set-top CD recorder and taxed Music CD blanks. Are there other laws that circumvent this and make it illegal?

  8. This is nothing new. Ask Everquest players. on WGA Turning Off PCs in the Fall? · · Score: 2, Insightful
    With the one of the recent updates in Everquest, Sony updated the EQ code to take advantage of DirectX 9.0c. Well that was fine, because most gamers already have this on their machines as I did. Problem was that it required the April DirectX build at a minimum. Guess what, if you haven't registered your copy of Windows, you can no longer download DirectX without Microsoft checking your copy to see if it is legitimate. Don't believe me, go check for yourself.

    So if you were playing EQ on a pirated copy of Windows, you just went into Evercrack withdrawal because EQ wouldn't load at all. That's a quick way to boost their sales. Most hardcore EQ players would sell their first born to keep playing. This is extremely annoying to say the least. I wonder what it will do to game companies that bundle the latest DirectX with their games to make sure you can play it on install. I can hear the tech support phones ringing now!

  9. Re:Hot Coffee 2: More Cream Please on Bethesda Responds To Oblivion Re-Rating · · Score: 1

    After reading more about this online, I must admit that I am incorrect. The nude skins did ship with Oblivion. They still require a 3rd-party modification to unlock and are not unlockable on the 360. This is still way different in scope than the GTA sex game and that's why the ESRB didn't give it the highest rating. I stand by the chainsaw observation. Personally, it's an awesome game and you can turn the blood almost completely off if you want. And at least I can't cut off my hand in the game hehe. I think they will just sell more now that they are getting the extra publicity. Good for them. Maybe they will be able to make more great games to follow.

  10. Re:Hot Coffee 2: More Cream Please on Bethesda Responds To Oblivion Re-Rating · · Score: 2, Insightful
    Apparently, you are misunderstanding the difference between Oblivion and GTA's "Hot Coffee" content. GTA had the sexually explicit content, a man and women engaged in a graphical depiction of sex, built into the game. This content was released by TakeTwo in all versions (Xbox, Playstation, PC, etc) of the game. Yes it did take a 3rd-party hack to unlock the content, but the content was an actual piece of code included in the game when purchased at retail.

    Oblivion, on the other hand, does not have that content shipped with the game. It cannot be unlocked because it doesn't exist. What Bethesda did do, was make a tool set available so that players could make their own content for the game. There are dozens of player created mods available with new content that you can add to the PC VERSION ONLY. One of these player created mods happens to be a naked woman model.

    Bethesda is complaining that this content was not included in the product that they shipped and thus they should not be rated on content they are not selling. I happen to agree with that. How can they be held responsible for something they really have no control over? If you buy a circular saw and proceed to cut off your hand, should the circular saw manufacturer be held accountable for your stupidity?

  11. DHS and DOD Grade out at F in IT Security! on America's War on the Web · · Score: 1

    Maybe they should think about securing their own servers so that when the counter-hack-attack comes back they won't be owned. Oh I forgot, they are probably already owned. What a joke!

  12. Re:Rationalization - The real truth on Pr0n's Effect On Society · · Score: 1
    The thing that always amazes me is how we never really take a look at how people (both men and women) really think, what really goes on in their minds. What I mean by this, is that IMHO when a man sees a woman (assumes hetero leaning here) he has never met on the street, what are the thoughts that enter his mind? I would guess that 99.999% of the time that man evaluates the woman on her physical attributes and makes a snap decision on whether or not he wants to mate with her. She's got nice tits or look at those legs or god I'd like to stick my thing in that.

    Now, being a male myself, I can't speak for all the women out there, but I would bet good money that if you really knew what went through their minds it would be the female version of the above scenario. This is the way it is, but I continue to be stunned that it is never discussed, never seen as a basis for the way we interact or as a "rationalization" for behavior such as viewing porn. Modern society has almost made it a crime to have thoughts like this, so we instead sublimate them by looking at porn or watching stupid crap like "Desperate Housewives".

    Anyone care to comment, I'd be interested to hear what your REAL thoughts are!

  13. X-box and PC Suggestions on Two-Player Games for Mixed Skill Level Players? · · Score: 1
    I've got a daughter that I play with a lot and we are always on the lookout for good multiplayer games. Here's what we've found that are enjoyable. Remember, you can find most of these used for $15 or under.

    X-BOX GAMES

    Soul Caliber 2 - awesome fighting game with incredible hi-res graphics. The good part for you is that you can customize the life totals. Give her infinite life and you 100, then try to beat her by knocking her out of the ring.

    X-Men Legends - good co-op multiplayer game. Just remember that when you first start playing you have to go through a little single player tutorial before you get access to the extra characters. Can be played with up to 4 people.

    Balder's Gate - D&D themed multiplayer game. Short but well done

    Dance Dance Revolution - already covered above

    PC GAMES

    Everquest - There's nothing else like the original king of MMORPG for content. I've gone back recently after about a year away and it looks like most of the snot nosed kids have all left for WOW. If you want to play on your own or with others, there is nothing better. Plus you can now get the Titanium pack with 10 expansions for $20 with a month free to try it out. Not a better deal out there IMHO except maybe guild wars, but I haven't tried it.

    Dungeon Siege I and II - typical hack and slash stuff, but with better graphics than Diablo and a lot easier on your fingers. Multiplayer is just a co-op version of the single player game. We've spent a lot of hours on these.

    Magic the Gathering Online - the best evolving strategy game/time sink/money pit out there. You can find a game 24/7 in a few seconds. The absolute best if you can afford it. You can multiplayer, tournaments, two-headed giant against another team, etc. Don't forget that you can pick up cards on Ebay for cheap - 4 sets of commons for $10 to get you started.

    Diablo, Diablo2, Starcraft, Warcraft3, etc - most of the Blizzard games have great multiplayer action. Bargain bin stuff.

    Red Alert2 - scary cool future of war RTS. Bargain bin.

    NON-COMPUTER GAMES

    Guillotine - great card game for 2 or more players. Lots of fun for the whole family.

    Apples to Apples - why limit the fun to your girlfriend. Get some others and have a great time with this hilarious game.

  14. Biodiesel from Algae from power plants from coal on Kids Build Soybean Fueled Sports Car · · Score: 1

    There are other ways to make biodiesel that may be more beneficial in the long run for everyone. I think I saw this in a /. article a little while ago. This seems like a no-brainer. Unfortunately, the technology is a little late in coming as many power plants are investing millions in other methods of cleaning emissions to meet tight govt. regulations about air quality standards in cities. http://www.usatoday.com/tech/science/2006-01-10-al gae-powerplants_x.htm

  15. Re:Tiananmen Square on Search Companies Questioned About Chinese Policy · · Score: 1
    I understand that the government is brutal in its suppression of their people, but in the end how is that any different from the former Soviet Union or the French Revolution. All it takes is for enough people to become dissatisfied and things will change. There are only so many tanks.

    Just my feelings on the matter. Google is doing what they believe is right for their shareholders and that is the American way. Remember that they are no longer a privately held company. I am not suggesting that this is a legitimate rational or that morally they should not be obligated to doing something different. Maybe they should, but they are doing what is expected from their shareholders, which is maximizing their profits. Nothing more than doing business the only way that they will be allowed to do business.

  16. Who supplies the Chinese w/ filtering equipment? on Search Companies Questioned About Chinese Policy · · Score: 2, Insightful
    Googles actions are logical. They are a business, one that is owned by shareholders, for which they must make a profit. It is simply a matter of getting a foothold into that market or lose out on the profits that can be made off of a billion people. You do the math. Corporations don't care about good and evil, it's all money. /. readers know this, so why is it shocking to so many of you. Don't tell me you really believed in Google's "Do No Evil" motto. What do you really think is going to end up happening with all that data they have on you?

    The real question is who is selling China the infrastructure equipment to make all of the filtering they do possible. Now that is some company that is making a killing. They have got to be spending literally 100's of millions of dollars, perhaps billions, to do what they do. It's no wonder the US govt. wants to talk to Cisco. They will need one of their undocumented backdoors so they can go in and spy on the Chinese.

    Look it's their country, right. If they were so worked up about it over there, why don't they do something about it. A billion people can't be wrong can they. And if a billion people want freedom why don't they have it already. You can't tell me that if they really wanted to be a democracy or whatever they couldn't make it happen.

    So in the end, Google is doing what most of us Americans do, look the other way, buy our cheap ass Chinese made plastic shit and poor quality Wal-Mart goods and go home to our cable TV or MMORPG and forget about what's really going on out there. It's just what the corporations want you to do - go to work everyday, spend your money on crap you really don't need, never have enough so you have to borrow more because you have to have the latest stuff and in the end that's what we call freedom. Yeah right.

  17. KC, MO library voted best video store in town on Game Librarian's Trial Meets Success · · Score: 1
    I must say that I have found the libraries of the greater Kansas City area to be some of the best sources for optical media entertainment. The Kansas City, Missouri public library system was recently rated the best video store in the area by a local alternative newspaper. While the KC library does charge $1 to non-Friends-of-the-Library members for feature films, you can borrow TV, music video and documentary DVD and VHS at no charge for three weeks. The best part is that I can look at their whole cataogue on line and place a hold on any item at any of the branches and they will send it to the one closest to me for pick-up and return at no cost to me. Imagine NetFlicks for almost free and you get the picture. Plus I get some exercise walking the four blocks to the library from work on my lunch hour.

    In addition to the KC, MO library the Johnson County, Kansas library system on the Kansas side of the line has a similar card catalogue and hold system. They do not charge for borrowing DVDs, however, and they also have a large selection of software from foreign language tutorials, test prep, kids learning, and yes, games. Many of them are older, but I have seen stuff like the EA sports games from 2004 and the Lord of the Rings games. Sorry haven't seen any platform stuff there yet.

    Both of these libraries have numerous branches and having the video and software catalogue on line is just an amazing resource. The only thing that is a little frustrating is that sometimes things are not easy to find online. Ask your librarian to help with search terms, they've always been very helpful to me. If you haven't checked out your local library lately, I suggest you go take a look. If you find your library doesn't have these kinds of materials, ask why?

  18. Running older programs under Vista on Ask Microsoft's Security VP · · Score: 1
    One of the things I have found most disturbing over the past 8-10 years is the lack of support for older programs that is found in the latest versions of Microsoft's OS. Most Windows 98 programs and almost all Windows 95 and DOS programs fail to run under Windows XP even with "compatibility mode". I realize that planned obsolescense is part of the current corporate scheme, but it would be nice if some of the great software of the past would be able to run on the latest and greatest.

    To that end, what is Microsoft doing with regards to backward compatibility for software that runs on Win98, Windows 2000, ME and XP? If compatibility is going to be provided, how will you secure these portions of the OS so that the bugs of the past don't come back to bite you?

  19. Why go to all that trouble... on Sensitive Data Stolen Via Digital Cameras · · Score: 4, Insightful

    when you can just buy a thumb drive and plug it in to any machine and get almost whatever you want.

  20. Some rootkit with that optical drive sir? on Sony May Sell HD-DVDs · · Score: 2, Insightful

    Really though, you just know that they are going to put some kind of serious DRM crap on these. You'll be able to burn a disc of data (mp3's) but not copy your own data or play it in a different burner I imagine. What a crock. Sony sucks!

  21. The $29.95 solution if you build it yourself on Poor Man's Whole House Audio? · · Score: 1
    http://www.dckits.com/stcast.htm



    Look at the one at the bottom for hooking directly to your soundcard.

    Or look at this one at Amazon

    http://www.amazon.com/gp/product/B0007ODOMA/102-27 68592-7307354?v=glance&n=172282&v=glance

  22. Stock market still relatively unfazed by Sony flap on Bad Day To Be Sony · · Score: 1

    I just did some looking on my Ameritrade account at the headlines for Sony and there is nothing about any of this since 11/2/05. Apparently, this is a non-event for investors. Sad, very sad.

  23. When to stop watering a dead plant? on Ask John Smedley About Star Wars Galaxies · · Score: 1
    SWG has obviously been a critical and commercial failure when comparing it to the original expectations of just about any person you could poll. Almost all of the people I know that have tried SWG on launch went back to Everquest within a couple of weeks or months.

    At what point did Sony decide that this significant investment in changing the engine of the game would bring in new players (additional income) without completely alienating your existing fan base? How were you able to justify to the decision makers at Sony that you wouldn't lose a large percentage of your existing paying customers by alienating them and convince them that this overhaul would bring in new players or players of other existing MMO games? How are you going to draw people to the game now that it has been out for some time and the press/word-of-mouth has been so bad? Is your marketing machine really that good?

  24. Rated E for Everyone on Ask Sid Meier · · Score: 1
    One of the great joys of playing many of your games is sharing them with my 12 year old daughter. We have loved Pirates! for it's simple, clean, easy to play interface and the wonderful, depth it provides. Civ 3 had many of the same elements, but a lot more under the hood. Just one more minute, turns into an hour in the blink of an eye.

    My question to you is how important is it in your game design that the games end up being clean and simple enough that really anyone can load it up, start playing and have a whole lot of challenging fun with very little initial effort. Yet, when you look under the hood, you find that there are so many different options that it becomes a whole lot more than just a simple, little time waster.

    P.S. Thanks for all the hours of enjoyment you have provided my family and I.

  25. Unfortunately for the RIAA, copying a CD is legal on Recordable Media a Bigger Threat Than Filesharing? · · Score: 1