You also don't understand that a monopoly is not a bad thing for a business.
And you don't understand what a monopoly is. The presence of competitors doesn't by definition mean that something isn't a monopoly - that's down to market share. A monopoly is not illegal either - but when you have a market dominance, there are very strict rules about what you can do, especially with competitors and with using your monopoly to ingress on other markets.
You're being deliberately facetious, because it's not a third party country threatening to sue like in your examples. It's the 'infringed' party that is threatening a suit under the law in the country where the images were taken, owned and hosted.
Sure you can taunt and mock some eastern nation and it is unlikely to ever impact your life even if judgment does go against you. Ignoring a criminal suit (if it were ever to come to that) such that you could never travel to any European Union country would for many folk have a much greater impact. If that's your reasoned legal advice, I'm glad I'm not your lawyer.
The first two lines read, "Do the right thing! You need permission to use our images on your website."
While he may indeed have had reason to believe the images were in the public domain, I don;t think it'd take an exceptionally skilled lawyer to demonstrate that he also had "reason to believe" the images may be copyright, in the UK at least.
Personally I would not like to be in a criminal trial facing a possibility of jail and relying on my lawyer to argue that despite a notice beside each of 3,000 images I did not have any reason to believe they may be copyrighted. You may feel differently.
It is a criminal offence if you breach copyright for commercial gain, but uploading photos to wikipedia is non-commercial, so it would be a civil trial.
Did you read my post? What bit of
(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright, an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.
did you find difficult? "otherwise than in the course of a business" means non-commercial. So as long as the copyright holder has been prejudiced and the person uploading the images had reason to believe the works were copyright (each page had licensing information for the individual photo) then there's a criminal offense. Given the NPG make money out of licensing the images, proving they have been prejudiced by the making available of high resolution copies is trivial.
Perhaps you know of some case law in England and Wales that suggests this is not enforceable? If not, what is your basis for suggesting that there has to be commercial gain when the Act clearly says otherwise?
You don't get arrested and put on remand for civil liabilities.
Under UK law, breach of copyright can be a criminal matter.
While I'd think it unlikely, the NPG could refer it to the police who could then present a case to the Crown Prosecution Service and mount a criminal trial.
See the Copyright, Designs and Patents Act 1998 for more information on this.
Offences 107 Criminal liability for making or dealing with infringing articles,
(1) A person commits an offence who, without the licence of the copyright owner-
(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright, an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.
and
(4) A person guilty of an offence under subsection (1)(a), (b), (d)(iv) or (e) is liable-
(a) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or both.
So, unless to years in jail and an unlimited fine sound like fun, I think ignoring a trial in those circumstances would indeed be a very very bad idea.
with the iphone and other cell phones becoming more powerful there is no reason to sell hardware anymore since all the value is in the software.
That will be true as soon as the iPhone has a 4.3" screen.
The iphone screen is 5.65 square inches
My 4.3" GPS has a screen area of 7.9 square inches
That's 40% more screen. That means I'm not leaning forward and straining my eyes to read a GPS, instead I can sit back look at the road and glance at a big, clear, easy to read screen.
Most phones probably cache some maps but very few phones keep all the maps it needs.
Nokia phones can do both. Given they still have over 40% of the smartphone business, a very substantial number of smartphones have this ability.
Their map loader software allows you to download the maps you want on a state by state basis in the US, and country by country in Europe. So if you live in CA, there's no need to store the maps for New York state.
It's cheaper, smaller, and it's pretty much a full Linux based computer... oh and it has a colour screen too!
Given he is asking about the larger Kindle, the DX, I hardly think a smaller screen would be considered a plus. The point of the DX is that you can view an entire page, just like having a textbook in front of you. For that the N810 - while an awesome tool is hardly a substitute.
The N810 also misses the mark, because it has a standard screen, not an e-ink one. That's great for reading a web page, but really strains your eyes if you want to read extensively.
My own thoughts are that the DX still lacks decent annotating and that's a big flaw. There are several schools trialing them at the moment as a substitute for 1st year text books, and I'm sure this will be pointed out. Either Amazon will release a new model with decent annotating (either make a decent keyboard or get very good at handwriting recognition) or Sony will beat them to it in an attempt to recapture the market.
You said you're n the US. All 50 States allow bicycles to ride on the road, other than where there are specific rules prohibiting them - such as interstates/freeways.
If I am wrong, I'm sure you can point to a single state statute in the entire US that prohibits bicycles in general from using travel lanes on roads other than an interstate and where there is no bike lane provided.
Do anything you can to move about - look for a further away parking spot, rather than one close to the door. Take the stairs. You do get breaks, yes? Walk during them.
And watch what you eat. I can imagine that on such a shift the temptation will be to nibble on high calorie snacks and drink lots of soft drinks.
Try and take healthy snacks that you can nibble through the night, and get a water bottle, keep it full and drink lots.
Could you turn some of your unwinding time into exercise time? Maybe stop at the gym even for thirty minutes on your way home? Or go on your way to work, and use the showers there to get ready for your night-time shift.
Let all the states do this. There's too much affiliate-link spam going on already. Kill 2 birds with one stone - lower spam AND help fix the budget deficits.
If every state does it, Amazon will start charging the sales tax as part of the sale, and the referral program will remain.
They're only blocking these states to try and prevent the practice spreading. If everywhere charges sales tax, Amazon have nothing to gain and lots to lose by blocking referrals.
My water is provided and billed by the local service authority.
I'm billed for usage in tiers like this:
0-3000 gallons $3.30 per 1000 gallons 3001-6000 gallons $6.60 per 1000 gallons 6001-9000 gallons $10.00 per 1000 gallons 9001+ gallons $13.30 per 1000 gallons
Presumably, utility style billing for internet connections would be similar - very cheap for the first few GB, then progressively more expensive where the heaviest users could find themselves a lot worse off.
Not sure I like it. I suspect the internet companies would think it a great idea.
I see the tag damnedifyoudodamnedifyoudont, but I think the tag damnedbecauseyoudid is more appropriate. Do you not put a suspected thief on trial because he put down the TV he was stealing when the policeman stared right at him?
This is a fair point.
Others don't seem to like the EU saying just not bundling isn't enough. I suspect the EU fear Microsoft are simply going to not bundle IE, but instead make it very easy to install with nothing pointing to competing browsers.
Think along the lines of a 'connect to the internet wizard' that says "you'll need an internet browser, should I download and install internet explorer?".Whereas I think the EU are after something that says "You'll need an internet explorer, Please select which you would like to download and install *internet explorer *firefox *safari *chrime".
In order to gain a successful antitrust verdict you need to be something of a monopoly (which iTunes and more generally Apple clearly isn't)
What makes you say that? A quick google search shows most sites estimate iTunes market share as between 50% and 70% of the legal downloads market. That's comfortably enough for most regulators to consider it a monopoly.
Of course being a monopoly isn't illegal. It only becomes a problem when you try to use your monopoly in one area to create or expand a monopoly in another. Say like taking a monopoly in digital music sales and using it to help a monopoly in digital music players? Maybe or maybe not. Still, I'd be hesitant to describe Apple's digital music business as something other than a monopoly.
Given this is server side technology, I presume it's not part of the opera web browser. Sounds like they're using a proxy server with gzip added.
There's a beta stage patch for squid to allow you to do that yourself
http://devel.squid-cache.org/projects.html#gzip
You could make something with a smartphone I'm sure. The problems I see with that are, firstly that GPS wants line of sight to the satellites so the phone has to be obvious and secondly smartphones are desireable and expensive. Your child may now become a target for thieves.
You could hide the phone, or use a small computer like a nokia n series and use a small bluetooth GPS unit. It could be placed unobtrusively on top of a backpack with the phone/computer inside. Trouble is the battery life on my bluetooth GPS is only a few hours. Much less than a school day. Your daughter probably doesn't want to be lugging a big battery pack around all day.
Why not buy your daughter a cheap cell phone on a pay as you go plan and show her how to answer it. Next time you don't know where she is, you can call and ask her?
I'm curious though. Were you ever out as a child and your parents didn't know exactly where you were?
Seriously, if I look at the logs for a couple of servers I can see hundreds of brute force ssh attempts a day. Add to that a scan of the apache logs to see all the attempts there and I could get close to a thousand attempts on a bad day on a single server.
Now you can possibly ignore the SSH attempts by only having public key logins, and ignore anything in the apache log that relates to IIS, or other web apps you're not actually running.
If, however, you're looking for a budget increase, it sure sounds good to say you thwart thousands of hacking attempts per day.
It's a bit like the old days when web page popularity was measured in 'hits' and therefore the site with the most 1 pixel transparent gifs was the de facto winner.
You're not really answering my post. The GPL is clear enough on this matter, but it isn't entirely legally clear if the GPL is to be considered a binding contract or not.
I'm not sure what you're looking for then? Do you only trust every contract you enter into after it has been tested in court?
Either the GPL is binding, or you have no right to be using the software now, let alone after Oracle take over. If the GPL isn't binding we might as well all pack up and go home.
Certainly the GPL has never been found to be unenforceable - surely that carries some weight?
If the copyright holder is allowed to revoke the license, they could close up any project that they own copyright to without allowing any forks. It would mean a loss of MySQL and OpenOffice.org as free software forever.
This is taken care of by section 6 of the GPL v2 (though it appears as section 7 in the MySQL documentation for version 5.0 at least.
Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
If I give you a copy of MySQL that I download today, you automatically get a license to modify and distribute from the copyright holder. Any copies you distribute will likewise have a perpetual license as long as you and the recipient obey the requirements of the GPL V2.
That's not something Sun or Oracle can take away from you. They can stop releasing new versions under the GPL as they own the code (anyone submitting patches must agree to the Sun Contributer Agreement). They cannot, however, unGPL the code that has already been released.
(a) The Company shall establish a record date for, duly call, give notice of, convene and hold a meeting of its stockholders (the âoeStockholder Meetingâ) as promptly as practicable after the date hereof for the purpose of voting on the matters requiring Stockholder Approval; provided, that (i) the Company may delay, adjourn or postpone the date of the Stockholder Meeting if and to the extent necessary to obtain a quorum of its stockholders to take action at the Stockholder Meeting and the Company shall use its reasonable best efforts during any such delay, adjournment or postponement to obtain such a quorum as soon as practicable, and (ii) the Company may delay, adjourn or postpone the Stockholder Meeting if and to the extent (and only to the extent) the Company determines in good faith that such delay, adjournment or postponement is required by Applicable Law or to comply with any comments made by the SEC with respect to the Proxy Statement or otherwise. Unless the Company Board shall have effected an Adverse Recommendation Change in accordance with Section 6.03, the Company Board shall make the Board Recommendation and use its reasonable best efforts to obtain the Stockholder Approval, and the Company shall otherwise comply with all Applicable Laws applicable to the Stockholder Meeting. Without limiting the generality of the foregoing, unless this Agreement is terminated in accordance with Section 8.01, the Company shall establish a record date for, call, give notice of, convene and hold the Stockholder Meeting and the matters constituting the Stockholder Approval shall be submitted to the Companyâ(TM)s stockholders at the Stockholder Meeting whether or not (A) an Adverse Recommendation Change shall have occurred or (B) any Acquisition Proposal or Superior Proposal shall have been publicly proposed or announced or otherwise submitted to the Company or any of its Representatives. Unless this Agreement is terminated in accordance with Section 8.01, the Company agrees that it shall not submit to the vote of the stockholders of the Company any Acquisition Proposal (whether or not a Superior Proposal) prior to the vote of the Companyâ(TM)s stockholders with respect to the Merger at the Stockholder Meeting. The notice of such Stockholder Meeting shall state that a resolution to approve and adopt this Agreement and the Merger will be considered at the Stockholder Meeting, and no other matters shall be considered or voted upon at the Stockholder Meeting without Parentâ(TM)s prior written consent.
I think it's pretty clear that Stockholder approval is required and therefore it is possible - however unlikely - for other offers to be made.
The SEC filing also contains specific clauses to deal with 'Superior Proposals'.
Slashdot Mirror
And you don't understand what a monopoly is. The presence of competitors doesn't by definition mean that something isn't a monopoly - that's down to market share. A monopoly is not illegal either - but when you have a market dominance, there are very strict rules about what you can do, especially with competitors and with using your monopoly to ingress on other markets.
should, of course, read "I'm glad you're not my lawyer."
You're being deliberately facetious, because it's not a third party country threatening to sue like in your examples. It's the 'infringed' party that is threatening a suit under the law in the country where the images were taken, owned and hosted.
Sure you can taunt and mock some eastern nation and it is unlikely to ever impact your life even if judgment does go against you. Ignoring a criminal suit (if it were ever to come to that) such that you could never travel to any European Union country would for many folk have a much greater impact. If that's your reasoned legal advice, I'm glad I'm not your lawyer.
Every page he copied from had a link "Use this image on your website". It links to this page:
http://www.npg.org.uk/business/images/use-on-web.php
The first two lines read, "Do the right thing! You need permission to use our images on your website."
While he may indeed have had reason to believe the images were in the public domain, I don;t think it'd take an exceptionally skilled lawyer to demonstrate that he also had "reason to believe" the images may be copyright, in the UK at least.
Personally I would not like to be in a criminal trial facing a possibility of jail and relying on my lawyer to argue that despite a notice beside each of 3,000 images I did not have any reason to believe they may be copyrighted. You may feel differently.
Did you read my post? What bit of
(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright, an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.
did you find difficult? "otherwise than in the course of a business" means non-commercial. So as long as the copyright holder has been prejudiced and the person uploading the images had reason to believe the works were copyright (each page had licensing information for the individual photo) then there's a criminal offense. Given the NPG make money out of licensing the images, proving they have been prejudiced by the making available of high resolution copies is trivial.
Perhaps you know of some case law in England and Wales that suggests this is not enforceable? If not, what is your basis for suggesting that there has to be commercial gain when the Act clearly says otherwise?
Under UK law, breach of copyright can be a criminal matter.
While I'd think it unlikely, the NPG could refer it to the police who could then present a case to the Crown Prosecution Service and mount a criminal trial.
See the Copyright, Designs and Patents Act 1998 for more information on this.
Offences
107 Criminal liability for making or dealing with infringing articles,
(1) A person commits an offence who, without the licence of the copyright owner-
(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright, an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.
and
(4) A person guilty of an offence under subsection (1)(a), (b), (d)(iv) or (e) is liable-
(a) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or both.
So, unless to years in jail and an unlimited fine sound like fun, I think ignoring a trial in those circumstances would indeed be a very very bad idea.
That will be true as soon as the iPhone has a 4.3" screen.
The iphone screen is 5.65 square inches
My 4.3" GPS has a screen area of 7.9 square inches
That's 40% more screen. That means I'm not leaning forward and straining my eyes to read a GPS, instead I can sit back look at the road and glance at a big, clear, easy to read screen.
Nokia phones can do both. Given they still have over 40% of the smartphone business, a very substantial number of smartphones have this ability.
Their map loader software allows you to download the maps you want on a state by state basis in the US, and country by country in Europe. So if you live in CA, there's no need to store the maps for New York state.
Given he is asking about the larger Kindle, the DX, I hardly think a smaller screen would be considered a plus. The point of the DX is that you can view an entire page, just like having a textbook in front of you. For that the N810 - while an awesome tool is hardly a substitute.
The N810 also misses the mark, because it has a standard screen, not an e-ink one. That's great for reading a web page, but really strains your eyes if you want to read extensively.
My own thoughts are that the DX still lacks decent annotating and that's a big flaw. There are several schools trialing them at the moment as a substitute for 1st year text books, and I'm sure this will be pointed out. Either Amazon will release a new model with decent annotating (either make a decent keyboard or get very good at handwriting recognition) or Sony will beat them to it in an attempt to recapture the market.
Trouble is, it seems you're mistaken.
You said you're n the US. All 50 States allow bicycles to ride on the road, other than where there are specific rules prohibiting them - such as interstates/freeways.
If I am wrong, I'm sure you can point to a single state statute in the entire US that prohibits bicycles in general from using travel lanes on roads other than an interstate and where there is no bike lane provided.
I'm curious now, where do you live that bikes are not allowed on the road?
It's not much if you eat high calorie food. You can keep your stomach quite full with veg though.
1lb of baby carrots is about 150 calories. They're not expensive, taste good, can be eaten without utensils and are filling.
Do anything you can to move about - look for a further away parking spot, rather than one close to the door. Take the stairs. You do get breaks, yes? Walk during them.
And watch what you eat. I can imagine that on such a shift the temptation will be to nibble on high calorie snacks and drink lots of soft drinks.
Try and take healthy snacks that you can nibble through the night, and get a water bottle, keep it full and drink lots.
Could you turn some of your unwinding time into exercise time? Maybe stop at the gym even for thirty minutes on your way home? Or go on your way to work, and use the showers there to get ready for your night-time shift.
If every state does it, Amazon will start charging the sales tax as part of the sale, and the referral program will remain.
They're only blocking these states to try and prevent the practice spreading. If everywhere charges sales tax, Amazon have nothing to gain and lots to lose by blocking referrals.
My water is provided and billed by the local service authority.
I'm billed for usage in tiers like this:
0-3000 gallons $3.30 per 1000 gallons
3001-6000 gallons $6.60 per 1000 gallons
6001-9000 gallons $10.00 per 1000 gallons
9001+ gallons $13.30 per 1000 gallons
Presumably, utility style billing for internet connections would be similar - very cheap for the first few GB, then progressively more expensive where the heaviest users could find themselves a lot worse off.
Not sure I like it. I suspect the internet companies would think it a great idea.
This is a fair point.
Others don't seem to like the EU saying just not bundling isn't enough. I suspect the EU fear Microsoft are simply going to not bundle IE, but instead make it very easy to install with nothing pointing to competing browsers.
Think along the lines of a 'connect to the internet wizard' that says "you'll need an internet browser, should I download and install internet explorer?".Whereas I think the EU are after something that says "You'll need an internet explorer, Please select which you would like to download and install *internet explorer *firefox *safari *chrime".
What makes you say that? A quick google search shows most sites estimate iTunes market share as between 50% and 70% of the legal downloads market. That's comfortably enough for most regulators to consider it a monopoly.
Of course being a monopoly isn't illegal. It only becomes a problem when you try to use your monopoly in one area to create or expand a monopoly in another. Say like taking a monopoly in digital music sales and using it to help a monopoly in digital music players? Maybe or maybe not. Still, I'd be hesitant to describe Apple's digital music business as something other than a monopoly.
Given this is server side technology, I presume it's not part of the opera web browser. Sounds like they're using a proxy server with gzip added. There's a beta stage patch for squid to allow you to do that yourself http://devel.squid-cache.org/projects.html#gzip
You could make something with a smartphone I'm sure. The problems I see with that are, firstly that GPS wants line of sight to the satellites so the phone has to be obvious and secondly smartphones are desireable and expensive. Your child may now become a target for thieves.
You could hide the phone, or use a small computer like a nokia n series and use a small bluetooth GPS unit. It could be placed unobtrusively on top of a backpack with the phone/computer inside. Trouble is the battery life on my bluetooth GPS is only a few hours. Much less than a school day. Your daughter probably doesn't want to be lugging a big battery pack around all day.
Why not buy your daughter a cheap cell phone on a pay as you go plan and show her how to answer it. Next time you don't know where she is, you can call and ask her?
I'm curious though. Were you ever out as a child and your parents didn't know exactly where you were?
There's no need to warm infant formula.
New around here, perchance?
This was my first thought too.
Seriously, if I look at the logs for a couple of servers I can see hundreds of brute force ssh attempts a day. Add to that a scan of the apache logs to see all the attempts there and I could get close to a thousand attempts on a bad day on a single server.
Now you can possibly ignore the SSH attempts by only having public key logins, and ignore anything in the apache log that relates to IIS, or other web apps you're not actually running.
If, however, you're looking for a budget increase, it sure sounds good to say you thwart thousands of hacking attempts per day.
It's a bit like the old days when web page popularity was measured in 'hits' and therefore the site with the most 1 pixel transparent gifs was the de facto winner.
I'm not sure what you're looking for then? Do you only trust every contract you enter into after it has been tested in court?
Either the GPL is binding, or you have no right to be using the software now, let alone after Oracle take over. If the GPL isn't binding we might as well all pack up and go home.
Certainly the GPL has never been found to be unenforceable - surely that carries some weight?
This is taken care of by section 6 of the GPL v2 (though it appears as section 7 in the MySQL documentation for version 5.0 at least.
If I give you a copy of MySQL that I download today, you automatically get a license to modify and distribute from the copyright holder. Any copies you distribute will likewise have a perpetual license as long as you and the recipient obey the requirements of the GPL V2.
That's not something Sun or Oracle can take away from you. They can stop releasing new versions under the GPL as they own the code (anyone submitting patches must agree to the Sun Contributer Agreement). They cannot, however, unGPL the code that has already been released.
I think that's unlikely.
Nonetheless, here's what the SEC filing says:
I think it's pretty clear that Stockholder approval is required and therefore it is possible - however unlikely - for other offers to be made.
The SEC filing also contains specific clauses to deal with 'Superior Proposals'.