1) The U.S. hasn't summoned Spamhaus to appear in court. According to the court documents posted so far, Spamhaus was never served with this lawsuit.
2) The U.S. so far hasn't shown any willingness to yank the site. Rather, there's a _proposed_ order from a Federal judge in the Northern District of Illinois which would yank the site. IANAL, but I know a court's powers to compel third parties are limited, and there might be an issue of that district's jurisdiction over ICAAN. Nothing has happened yet.
3) Taking ICAAN out of US hands solves nothing. Wherever the new independent organization is located, it will be subject to the court orders of that jurisdiction. Do you think Europe has no judges willing to write such orders?
An independent replacement for ICANN still has to be located somewhere. Wherever it is located, it is subject to idiotic court orders of that location.
ICANN isn't located in Illinois, is it? They don't list an Illinois office on their web site, anyway. Seems to me that it's almost as far out of the court's jurisdiction as Spamhaus is.
The internal use exception is implicit in Paragraph 2. It permits derivative works, and does not require you to license your derivative work under the GPL unless you distribute or publish it. So if I publish a non-GPLed work which is useless without some GPL-licensed library, but not derivative of that library, users of my work are not violating the GPL by linking my work with that library, and therefore I cannot be contributing to their infringement.
GPL V3 Draft has the same loophole, by design -- it explicitly excludes from the definition of propagation "making modifications that you do not share", and also explicitly states, "This License permits you to make and run privately modified versions of the Program, or have others make and run them on your behalf.". This is a feature, not a bug, though the effect on enforceability of the GPL on dynamically-linked executables may be a bug.
IMO, the "linking" clause of the GPL is pretty worthless, in that a stub library or an API compatibility layer can be used to get around it. And while the concept of an "ABI copyright" would defeat this, I can't see the FSF championing that idea; it would allow any proprietary software developer to forbid the development of any program which interacted with their software. Contributory infringement arguments get you nowhere; there can't be a contributory infringement without a direct infringment, and the GPL (V2) allows a user to make a derivative which he cannot legally distribute.
As for the relicensing idea, I've maintained for a while that it makes no sense for anyone but the FSF itself to include the "...or any other version" clause in their licenses. The few things I've released under the GPL have been V2 (specifically). I might re-release under "V2 or V3" in the future, but I'd not give a blank check to the FSF, precisely because of the possibility (however unlikely) of a takeover of the FSF.
I call bullshit. Cars are getting MORE durable, not less. The average age of the auto fleet is going _up_. The average age (not lifespan) of a car in 2005 was 9 years, not 3. The average lifespan of a refrigerator recycled in 1997 was over 21 years, a washing machine over 20 years.
Yes, a lot of people get a new car every 3 years. But they don't trash the previous one. They trade it in, return it to the leasing company, or re-sell it.
Well, no, actually those of us who ask that question (who aren't all anarcho capitalists) DO get it. We can produce 2.3kg of trash a day, eat well, have clean running water, medicine, decent transportation, HVAC, computers, and the like. Or we can produce 0.46kg of trash a day, be malnourished, drink cholera-infested water, lack computers, lack HVAC, lack medical care, have the pinnacle of transportation be 50 of us hanging off a clapped-out pickup truck on a dirt road, etc.
I'll take the extra 5 pounds of trash and comfort.
While men and women are roughly equal in heart disease totals, men are still twice as likely to have a heart attack. A fact unaccountably omitted by the site you cited.
Statistics -- check out tables 15A and 15B.
Actually, prostate cancer has disease of the week exposure now too. There's an event in the summer at the Philadelphia art museum like with MS, MD, DMA, SDMI, and all the other popular diseases (breast cancer is still more popular, with TWO events. One for each breast, presumably). And Genaurdi's (Safeway to the rest of the US) had some sort of donation campaign for it. I haven't yet seen the Brown Ribbon of Prostate Awareness on a car yet, but I'm sure I will soon. Yet another Sign of the Apocalypse to be checked off.
I see. So if AT&T had an office in Saudi Arabia, they should comply with Saudi requests for phone records concerning Americans who had made remarks disparaging to Saudi Arabia, if those records were requested in accordance with Saudi law? Opening an office in a country shouldn't subject your entire opetation to that countries' laws.
"Viodentia" can't even try to defend himself against these specious charges if he doesn't reveal himself. If he does reveal himself, or is discovered, Microsoft need merely drop this nonsense and pursue a DMCA claim. Pretty much his only hope is if they can't find him; I hope he hasn't been posting from networks which could identify him.
I suppose that a server the expells less heat likely uses less electricity, but it's a relational rather than functional
It's actually a direct correlation. Essentially 100% of the electricity which a computer uses gets converted to heat. A small amount goes into noise, a little into light (LEDs and fiber connections), a little into electricity (electrical network connections), some into RF. But nearly all goes into heat. And even most of the fraction which goes into other things ends up as heat within the server room.
A 12V standard doesn't hurt high-voltage DC; you're not going to have that on the motherboard anyway. High voltage DC just means you remove the line side rectifier from your switching power supply; if that power supply now needs to put out +12V (only) instead of many different voltages, so much the better.
I'm not sure why not 48V to the motherboard. Probably because pretty much nothing in the PC world uses 48V now. Even computers at central offices convert from 48V down.
Google wants a standard 12V _output_ from the power supply. You're talking about the input power. If Google got its way and motherboards started requiring only 12V, you'd also have an easier time using -48VDC input; your "power supply" would just be one hefty -48V->12V DC/DC converter, which are already available.
You need ova for cloning, but the ova need not be from the individual being cloned. Take normal cat ovum, insert hypo-allergenic cat nucleus, get hypo-allergenic breedable cat. Assuming the critical gene is in the nucleus, anyway.
What they have in the database is a copy of the paper. That copy was either authorized by the copyright holder, a fair use, or an infringement of copyright. Fair use is unlikely because of the unpublished nature of the copyrighted work, the fact that the work as a whole is used, and because the purpose and character of the use are of a commercial nature. That's 3 out of 4 factors coming down against them.
The fact that they don't sell the papers from the database means they aren't further infringing the reproduction and distribution rights, but it doesn't excuse the original violation.
As far as the law is concerned, the value of the student essay is what the students can get for them for being (re)published. Copyright law doesn't care about sentimental value, at least not directly (it has the side effect of allowing authors to control works for sentimental reasons, but that is not the purpose), and it doesn't care about the value of the work in terms of evaluating the student's skills. Proof: If the student tried to make using the work to grade him conditional on the grade being a good one, otherwise he'll sue you for a copyright violation by using the work in an unapproved manner, they'd be laughed out of court. Copyright law has no provisions for that sort of "value".
Use of the anti-cheating service does nothing to affect the value of the student essays, which was $0 before being submitted, and $0 after being submitted.
This is entirely wrong.
Copyright doesn't allow the copyright holder to restrict "use" of the work, no matter what software companies and a few paid-for judges may think. So the student can't tell the teacher that he can't "use" the work unless the teacher gives him an "A"; that's outside the scope of copyright.
Copyright has nothing to do with the value of the work if published. Copyright protects unpublished works (which these essays are) as well. To some extent, it protects them MORE than published works, as one of the fair use tests ("nature of the copyrighted work") is much harder to satisfy for an unpublished work. ( see PubLaw)
Furthermore, copyright law provides for equitable relief (e.g. injunctions) for ALL copyright violations, and for statutory damages of $750 up to $150,000 per work for all works registered with the copyright office at the time of the violation. Doesn't matter if you think the work is actually worthless, statutory damages apply regardless.
And, of course, the works are demonstrably NOT worthless to turnitin.com, which is using them as the basis for their for-profit service.
The students have a darn-near-ironclad argument here. The only place it fails is the "You're students and you have no rights" argument, which flies in far too many courts.
That's insane. If they're going to give the same assignment in different classes, they should expect the same result (particularly if the original paper got an 'A'). Methinks they came up with this policy specifically to avoid having egg on their face when accusing a student of "plagiarizing" their own paper.
False positives _increase_ as sample set increases. It's similar to the situation with melodies: there are only a finite number of ways to put together a high school essay, and given similar teaching styles and similar (if not identical) essay questions, a lot of them are going to look very similar. The more samples in the database, the more likely a given unplaigerized essay will happen to come too close to one of the samples.
Add to that the odd phenomenon that some people -- even people uninfluenced by each other -- have similar styles. I used to frequent a Fidonet newsgroup where one person would post messages so similar to my own that sometimes I'd do a double take thinking I wrote them, that somehow my own message had ended up under his name (not impossible with Fidonet glitches). If turnitin.com had existed and our high school essays had been checked against each other, a match would have been quite likely. Well, except that more often than not I didn't actually do the essays in high school...
I suggest that after you go over to their houses and ask for permission to use their networks, you tell them how to change the SSID.
Why bother? Just log into their router and change the SSID yourself. Chances are they don't have their client machine set to use a specific SSID either, so they'll never notice a thing.
As P.T. Barnum might have said, if you can't exploit the foolish and clueless, what are they for?
The Atheros chipsets uses software radios, no microcode. Same with Broadcom. So if you can get arbitrary code execution there, you're running within the kernel.
However, many of the Prism chipsets (whoever owns them nowadays) used their own processor, an ARM, as did some Atmel chipsets.
Slashdot Mirror
Quite a rant, but that's all it is.
1) The U.S. hasn't summoned Spamhaus to appear in court. According to the court documents posted so far, Spamhaus was never served with this lawsuit.
2) The U.S. so far hasn't shown any willingness to yank the site. Rather, there's a _proposed_ order from a Federal judge in the Northern District of Illinois which would yank the site. IANAL, but I know a court's powers to compel third parties are limited, and there might be an issue of that district's jurisdiction over ICAAN. Nothing has happened yet.
3) Taking ICAAN out of US hands solves nothing. Wherever the new independent organization is located, it will be subject to the court orders of that jurisdiction. Do you think Europe has no judges willing to write such orders?
An independent replacement for ICANN still has to be located somewhere. Wherever it is located, it is subject to idiotic court orders of that location.
ICANN isn't located in Illinois, is it? They don't list an Illinois office on their web site, anyway. Seems to me that it's almost as far out of the court's jurisdiction as Spamhaus is.
The internal use exception is implicit in Paragraph 2. It permits derivative works, and does not require you to license your derivative work under the GPL unless you distribute or publish it. So if I publish a non-GPLed work which is useless without some GPL-licensed library, but not derivative of that library, users of my work are not violating the GPL by linking my work with that library, and therefore I cannot be contributing to their infringement.
GPL V3 Draft has the same loophole, by design -- it explicitly excludes from the definition of propagation "making modifications that you do not share", and also explicitly states, "This License permits you to make and run privately modified versions of the Program, or have others make and run them on your behalf.". This is a feature, not a bug, though the effect on enforceability of the GPL on dynamically-linked executables may be a bug.
IMO, the "linking" clause of the GPL is pretty worthless, in that a stub library or an API compatibility layer can be used to get around it. And while the concept of an "ABI copyright" would defeat this, I can't see the FSF championing that idea; it would allow any proprietary software developer to forbid the development of any program which interacted with their software. Contributory infringement arguments get you nowhere; there can't be a contributory infringement without a direct infringment, and the GPL (V2) allows a user to make a derivative which he cannot legally distribute.
As for the relicensing idea, I've maintained for a while that it makes no sense for anyone but the FSF itself to include the "...or any other version" clause in their licenses. The few things I've released under the GPL have been V2 (specifically). I might re-release under "V2 or V3" in the future, but I'd not give a blank check to the FSF, precisely because of the possibility (however unlikely) of a takeover of the FSF.
I call bullshit. Cars are getting MORE durable, not less. The average age of the auto fleet is going _up_. The average age (not lifespan) of a car in 2005 was 9 years, not 3. The average lifespan of a refrigerator recycled in 1997 was over 21 years, a washing machine over 20 years.
Yes, a lot of people get a new car every 3 years. But they don't trash the previous one. They trade it in, return it to the leasing company, or re-sell it.
Well, no, actually those of us who ask that question (who aren't all anarcho capitalists) DO get it. We can produce 2.3kg of trash a day, eat well, have clean running water, medicine, decent transportation, HVAC, computers, and the like. Or we can produce 0.46kg of trash a day, be malnourished, drink cholera-infested water, lack computers, lack HVAC, lack medical care, have the pinnacle of transportation be 50 of us hanging off a clapped-out pickup truck on a dirt road, etc.
I'll take the extra 5 pounds of trash and comfort.
For Theo de Raat to have a "don't be a jerk" campaign is like RMS having a "shave every day" campaign.
Seems to me you'll see the thing as soon as you blink.
While men and women are roughly equal in heart disease totals, men are still twice as likely to have a heart attack. A fact unaccountably omitted by the site you cited. Statistics -- check out tables 15A and 15B.
Actually, prostate cancer has disease of the week exposure now too. There's an event in the summer at the Philadelphia art museum like with MS, MD, DMA, SDMI, and all the other popular diseases (breast cancer is still more popular, with TWO events. One for each breast, presumably). And Genaurdi's (Safeway to the rest of the US) had some sort of donation campaign for it. I haven't yet seen the Brown Ribbon of Prostate Awareness on a car yet, but I'm sure I will soon. Yet another Sign of the Apocalypse to be checked off.
I see. So if AT&T had an office in Saudi Arabia, they should comply with Saudi requests for phone records concerning Americans who had made remarks disparaging to Saudi Arabia, if those records were requested in accordance with Saudi law? Opening an office in a country shouldn't subject your entire opetation to that countries' laws.
Someone's confusing "habeas corpus" with "corpus delecti".
"Viodentia" can't even try to defend himself against these specious charges if he doesn't reveal himself. If he does reveal himself, or is discovered, Microsoft need merely drop this nonsense and pursue a DMCA claim. Pretty much his only hope is if they can't find him; I hope he hasn't been posting from networks which could identify him.
Isn't the CIA doing this for all of us nowadays anyway?
It's actually a direct correlation. Essentially 100% of the electricity which a computer uses gets converted to heat. A small amount goes into noise, a little into light (LEDs and fiber connections), a little into electricity (electrical network connections), some into RF. But nearly all goes into heat. And even most of the fraction which goes into other things ends up as heat within the server room.
A 12V standard doesn't hurt high-voltage DC; you're not going to have that on the motherboard anyway. High voltage DC just means you remove the line side rectifier from your switching power supply; if that power supply now needs to put out +12V (only) instead of many different voltages, so much the better.
I'm not sure why not 48V to the motherboard. Probably because pretty much nothing in the PC world uses 48V now. Even computers at central offices convert from 48V down.
Google wants a standard 12V _output_ from the power supply. You're talking about the input power. If Google got its way and motherboards started requiring only 12V, you'd also have an easier time using -48VDC input; your "power supply" would just be one hefty -48V->12V DC/DC converter, which are already available.
You need ova for cloning, but the ova need not be from the individual being cloned. Take normal cat ovum, insert hypo-allergenic cat nucleus, get hypo-allergenic breedable cat. Assuming the critical gene is in the nucleus, anyway.
What they have in the database is a copy of the paper. That copy was either authorized by the copyright holder, a fair use, or an infringement of copyright. Fair use is unlikely because of the unpublished nature of the copyrighted work, the fact that the work as a whole is used, and because the purpose and character of the use are of a commercial nature. That's 3 out of 4 factors coming down against them.
The fact that they don't sell the papers from the database means they aren't further infringing the reproduction and distribution rights, but it doesn't excuse the original violation.
Copyright doesn't allow the copyright holder to restrict "use" of the work, no matter what software companies and a few paid-for judges may think. So the student can't tell the teacher that he can't "use" the work unless the teacher gives him an "A"; that's outside the scope of copyright.
Copyright has nothing to do with the value of the work if published. Copyright protects unpublished works (which these essays are) as well. To some extent, it protects them MORE than published works, as one of the fair use tests ("nature of the copyrighted work") is much harder to satisfy for an unpublished work. ( see PubLaw)
Furthermore, copyright law provides for equitable relief (e.g. injunctions) for ALL copyright violations, and for statutory damages of $750 up to $150,000 per work for all works registered with the copyright office at the time of the violation. Doesn't matter if you think the work is actually worthless, statutory damages apply regardless.
And, of course, the works are demonstrably NOT worthless to turnitin.com, which is using them as the basis for their for-profit service.
The students have a darn-near-ironclad argument here. The only place it fails is the "You're students and you have no rights" argument, which flies in far too many courts.
That's insane. If they're going to give the same assignment in different classes, they should expect the same result (particularly if the original paper got an 'A'). Methinks they came up with this policy specifically to avoid having egg on their face when accusing a student of "plagiarizing" their own paper.
False positives _increase_ as sample set increases. It's similar to the situation with melodies: there are only a finite number of ways to put together a high school essay, and given similar teaching styles and similar (if not identical) essay questions, a lot of them are going to look very similar. The more samples in the database, the more likely a given unplaigerized essay will happen to come too close to one of the samples.
Add to that the odd phenomenon that some people -- even people uninfluenced by each other -- have similar styles. I used to frequent a Fidonet newsgroup where one person would post messages so similar to my own that sometimes I'd do a double take thinking I wrote them, that somehow my own message had ended up under his name (not impossible with Fidonet glitches). If turnitin.com had existed and our high school essays had been checked against each other, a match would have been quite likely. Well, except that more often than not I didn't actually do the essays in high school...
Why bother? Just log into their router and change the SSID yourself. Chances are they don't have their client machine set to use a specific SSID either, so they'll never notice a thing.
As P.T. Barnum might have said, if you can't exploit the foolish and clueless, what are they for?
The Atheros chipsets uses software radios, no microcode. Same with Broadcom. So if you can get arbitrary code execution there, you're running within the kernel.
However, many of the Prism chipsets (whoever owns them nowadays) used their own processor, an ARM, as did some Atmel chipsets.