The SDK terms are reasonable (about as reasonable as any other SDK I've seen). The kit includes documentation on the file format, so the fact that it has C++ code geared for a limited number of platforms is irrelevent.
They aren't securing your data against you. They're securing their format.
The data is not crippled -- it is there in the file. It can be read and parsed if you know how to do it. Crippled implies that they have somehow removed some criical piece from the data that makes it useless -- they have not done so. It can be reverse engineered and processed like any other proprietary format. The fact that something is encoded in a non-obvious fashion doesn't change that.
Adobe's screaming about the DMCA is nothing but a bunch of fud, and they know it -- it doesn't apply in this case. Nikon holds no copyright on the actual content of NEF files, and somehow restricting access to the whitebalance information does not serve as an access control mechanism on behalf of the copyright holder -- the primary purpose of decoding the information is to render the photo, not to facilitate piracy (as demonstrated by the fact that access to the content is not restricted in any manner by Nikon created tools).
Nikon's white balance algorithm is not copyrightable (their specific implementation of that algorithm may be, but the encyprtion does not serve as an access control to that algorythm; nor can Nikon claim copyright on the key or sequence used to decode the whitebalance information). The DMCA doesn't apply.
I would recommend reading through this ruling on Lexmark vs Static Control Components: http://lawgeek.typepad.com/04a0364p-06.pdf
Specifically:
"Generally speaking, 'lock-out' codes fall on the functional-idea rather than the original-expression side of the copyright line. Manufacturers of interoperable devices such as computers and software, game consoles and video games, printers and toner cartridges, or automobiles and replacement parts may employ a security system to bar the use of unauthorized components. To 'unlock' and permit operation of the primary device (i.e., the computer, the game console, the printer, the car), the component must contain either a certain code sequence or be able to respond appropriately to an authentication process. To the extent compatibility requires that a particular code sequence be included in the component device to permit its use, the merger and scenes a fair doctrines generally preclude the code sequence from obtaining copyright protection."
Yes, about a year after it is needed if the extensibility is managed by a standards body.
Alternatively, if the extensability isn't managed by a standards body then by definition any extension made onto the standard by a 3rd party is... non-standard. And you're right back where you started.
Standards are great for areas where the problem space is well known/defined, and little change occurs. In a rapidly changing field, they restrict development and progress.
So you'd rather a dev reverse engineer the format, make an invalid assumption, and have a piece of software you bought suddenly start putting a blue cast onto all of your images because you just upgraded the firmware?
Nikon isn't saying "you can only use our software", they're saying "we provide an SDK that documents everything, free of charge".
The point is that it isn't an access control mechanism designed to prevent unauthorized copying on behalf of the copyright holder. The DMCA doesn't apply in this case.
Nikon's primary goal in this case appear to be ensuring that developers work off of official specs instead of reverse engineering the format (and getting things wrong or applying information incorrectly); lack of which would result in a loss of control of the format or legacy issues when they enhance the format.
Revelations isn't a series of static pictures linked together with mouse clicks. It IS a series of animated panoramas (think quicktime vr) linked together with a series of mouse clicks. I have trouble imagining current video hardware rendering this content in realtime.
I was actually quite impressed with the game.
Anyway, Myst games arn't appealing due to the point and click interface (though that does make it easier for non-gamers to get into) -- it is appealing due to its puzzles and its story. And that sort of gameplay will never go out of style.
It means that they're going to be selling the game in asia, and they want to make sure they don't offend everyone in a certain country (by "mocking" their history).
"they wanted to avoid using Chinese or any other Asian language that might shackle their invented universe to actual historical events. At the same time, they did not want to resort to unintelligible nonsense."
If the product is `Futurama for download', then the person just made it available before release. It really depends on exactly how the law is written.
I have two interpretations:
1) The "method of distribution" is copyrightable: The file you made from the tv show is a derrivative of the work aired on TV (you modified the tv show and converted it into some digital form). As the file you would distribute is not derrived from the file they make available for download (nor would it be identical), it would not fall under this provision.
2) The "method of distribution" is not copyrightable: The copyrighted work is made public when it is first aired on tv.
The splash screen won't work. Displayed for too short of a duration, and the odds of there being more patents in a product than can be displayed on a single screen is higher than you would think.
Adobe is the only entity claiming the data is encrypted. What this tells me is that Adobe hasn't been able to figure out how to process the Whitebalance data from the NEF, not that it is encrypted.
The D2H uses some fancy non-linear white balance calibration system (most white balance calibrations multiply the red and blue components by a linear factor). My guess is that Adobe hasn't figured out how to apply the data the D2H stores.
No nastygrams were sent, and he wasn't ordered to remove support. At no point were lawyers involved. A dev at Microsoft gave him a heads up about patents Microsoft holds on the ASF format.
"Today I received a polite phone call from a fellow at Microsoft who works in the Windows Media group. He informed me that Microsoft has intellectual property rights on the ASF format and told me that, although I had reverse engineered it, the implementation was still illegal since it infringed on Microsoft patents. I have asked for the specific patent numbers, since I find patenting a file format a bit strange. At his request, and much to my own sadness, I have removed support for ASF in VirtualDub 1.3d, since I cannot risk a legal confrontation. This unfortunately means that I can no longer redistribute versions of VirtualDub older than V1.3d. (I did appreciate, though, that I heard this through the programming staff and not the legal department.)"
Would Microsofts laywers have gotten involved had the VirtualDub author left it in? Who knows. Did the VirtualDub author want to keep his app from violating patents? It appears so.
The Logitech MX 1000 looks very much like my current mouse: the Wireless Intellimouse Explorer. It has a deeper "thumb groove" on the left, but otherwise looks nearly identical.
And you say that the mouse they're talking about was the Intellimouse Pro? Good grief... mice don't look much more generic than that.
After having looked at the Goldstein mouse in question, I will admit that it is definately a "unique" design. It also looks nothing like the Intellimouse Pro (picture of the Goldstein design: http://www.businessweek.com:/smallbiz/news/date/98 12/art12/e981223b.jpg). Goldstein is claiming ownership of a "steeply curved palm rest". Like I said, any basic ergonimics research would have pointed out that this is a good thing.
It'd be one thing if they'd had some special feature that was copied, but the a curved palm rest? *rolls eyes*
18 months later MS made a mouse that looked remarkably like theirs
It's a freekin mouse. What mouse DOESN'T look substantially like another one (especially after you get a bunch of ergonomics experts together in a room)?
This is the kind of crap you hear from people that 'submit' a script to a movie studio and then sue when someone else had a similar idea and got their movie made instead. It doesn't mean it never happens, but a lot of the time it doesn't.
Microsoft don't force these updates on people. If they release the patches when they are ready, you can still only update once a month if you want to.
Actually you can't. Once the patch is released, the vulnerability is exposed. After that point, it is a race between the people trying to figure out what changed in the patch to exploit that vulnerability and the people patching it.
This has nothing to do with Linux, and everything to do with vendors complaining about how they can't compete with companies installing bootleg versions of Windows on PCs.
XP Starter Edition isn't even available in non-OEM versions.
Slashdot Mirror
Except in this case, tools that don't work with that "extra" piece of data render a horrible looking photo. That isn't a good thing.
The SDK terms are reasonable (about as reasonable as any other SDK I've seen). The kit includes documentation on the file format, so the fact that it has C++ code geared for a limited number of platforms is irrelevent.
They aren't securing your data against you. They're securing their format.
The data is not crippled -- it is there in the file. It can be read and parsed if you know how to do it. Crippled implies that they have somehow removed some criical piece from the data that makes it useless -- they have not done so. It can be reverse engineered and processed like any other proprietary format. The fact that something is encoded in a non-obvious fashion doesn't change that.
Adobe's screaming about the DMCA is nothing but a bunch of fud, and they know it -- it doesn't apply in this case. Nikon holds no copyright on the actual content of NEF files, and somehow restricting access to the whitebalance information does not serve as an access control mechanism on behalf of the copyright holder -- the primary purpose of decoding the information is to render the photo, not to facilitate piracy (as demonstrated by the fact that access to the content is not restricted in any manner by Nikon created tools).
Nikon's white balance algorithm is not copyrightable (their specific implementation of that algorithm may be, but the encyprtion does not serve as an access control to that algorythm; nor can Nikon claim copyright on the key or sequence used to decode the whitebalance information). The DMCA doesn't apply.
I would recommend reading through this ruling on Lexmark vs Static Control Components: http://lawgeek.typepad.com/04a0364p-06.pdf
Specifically:
"Generally speaking, 'lock-out' codes fall on the functional-idea rather than the original-expression side of the copyright line. Manufacturers of interoperable devices such as computers and software, game consoles and video games, printers and toner cartridges, or automobiles and replacement parts may employ a security system to bar the use of unauthorized components. To 'unlock' and permit operation of the primary device (i.e., the computer, the game console, the printer, the car), the component must contain either a certain code sequence or be able to respond appropriately to an authentication process. To the extent compatibility requires that a particular code sequence be included in the component device to permit its use, the merger and scenes a fair doctrines generally preclude the code sequence from obtaining copyright protection."
Yes, about a year after it is needed if the extensibility is managed by a standards body.
... non-standard. And you're right back where you started.
Alternatively, if the extensability isn't managed by a standards body then by definition any extension made onto the standard by a 3rd party is
Standards are great for areas where the problem space is well known/defined, and little change occurs. In a rapidly changing field, they restrict development and progress.
It's this thing called standards
It's also this thing that restricts future development of technology. Got a new idea? Sorry, doesn't conform to the standard; you're SOL.
Seems a bit bogus here...
So you'd rather a dev reverse engineer the format, make an invalid assumption, and have a piece of software you bought suddenly start putting a blue cast onto all of your images because you just upgraded the firmware?
Nikon isn't saying "you can only use our software", they're saying "we provide an SDK that documents everything, free of charge".
The point is that it isn't an access control mechanism designed to prevent unauthorized copying on behalf of the copyright holder. The DMCA doesn't apply in this case.
Nikon's primary goal in this case appear to be ensuring that developers work off of official specs instead of reverse engineering the format (and getting things wrong or applying information incorrectly); lack of which would result in a loss of control of the format or legacy issues when they enhance the format.
"Oh the data isn't raw S/PDIF, it's a special proprietary format. You'll need to buy this $200 adapter to make it work."
You just described every product Sony has ever made.
He's referencing the dynamic folder aspect of navigating/organizing your files into folders via queries that WinFS is supposed to provide.
Revelations isn't a series of static pictures linked together with mouse clicks. It IS a series of animated panoramas (think quicktime vr) linked together with a series of mouse clicks. I have trouble imagining current video hardware rendering this content in realtime.
I was actually quite impressed with the game.
Anyway, Myst games arn't appealing due to the point and click interface (though that does make it easier for non-gamers to get into) -- it is appealing due to its puzzles and its story. And that sort of gameplay will never go out of style.
My sense of humor was stolen by all of the people who never RTFA.
It means that they're going to be selling the game in asia, and they want to make sure they don't offend everyone in a certain country (by "mocking" their history).
RTFA
"they wanted to avoid using Chinese or any other Asian language that might shackle their invented universe to actual historical events. At the same time, they did not want to resort to unintelligible nonsense."
If the product is `Futurama for download', then the person just made it available before release. It really depends on exactly how the law is written.
I have two interpretations:
1) The "method of distribution" is copyrightable: The file you made from the tv show is a derrivative of the work aired on TV (you modified the tv show and converted it into some digital form). As the file you would distribute is not derrived from the file they make available for download (nor would it be identical), it would not fall under this provision.
2) The "method of distribution" is not copyrightable: The copyrighted work is made public when it is first aired on tv.
The splash screen won't work. Displayed for too short of a duration, and the odds of there being more patents in a product than can be displayed on a single screen is higher than you would think.
Adobe is the only entity claiming the data is encrypted. What this tells me is that Adobe hasn't been able to figure out how to process the Whitebalance data from the NEF, not that it is encrypted.
The D2H uses some fancy non-linear white balance calibration system (most white balance calibrations multiply the red and blue components by a linear factor). My guess is that Adobe hasn't figured out how to apply the data the D2H stores.
"Apple announcing Wednesday they sold another 5.3 million iPods last quarter"
How many of these were replacements for units with dead batteries?
(I kid! I kid!)
No nastygrams were sent, and he wasn't ordered to remove support. At no point were lawyers involved. A dev at Microsoft gave him a heads up about patents Microsoft holds on the ASF format.
"Today I received a polite phone call from a fellow at Microsoft who works in the Windows Media group. He informed me that Microsoft has intellectual property rights on the ASF format and told me that, although I had reverse engineered it, the implementation was still illegal since it infringed on Microsoft patents. I have asked for the specific patent numbers, since I find patenting a file format a bit strange. At his request, and much to my own sadness, I have removed support for ASF in VirtualDub 1.3d, since I cannot risk a legal confrontation. This unfortunately means that I can no longer redistribute versions of VirtualDub older than V1.3d. (I did appreciate, though, that I heard this through the programming staff and not the legal department.)"
Would Microsofts laywers have gotten involved had the VirtualDub author left it in? Who knows. Did the VirtualDub author want to keep his app from violating patents? It appears so.
The Logitech MX 1000 looks very much like my current mouse: the Wireless Intellimouse Explorer. It has a deeper "thumb groove" on the left, but otherwise looks nearly identical.
... mice don't look much more generic than that.
8 12/art12/e981223b.jpg). Goldstein is claiming ownership of a "steeply curved palm rest". Like I said, any basic ergonimics research would have pointed out that this is a good thing.
And you say that the mouse they're talking about was the Intellimouse Pro? Good grief
After having looked at the Goldstein mouse in question, I will admit that it is definately a "unique" design. It also looks nothing like the Intellimouse Pro (picture of the Goldstein design: http://www.businessweek.com:/smallbiz/news/date/9
It'd be one thing if they'd had some special feature that was copied, but the a curved palm rest? *rolls eyes*
18 months later MS made a mouse that looked remarkably like theirs
It's a freekin mouse. What mouse DOESN'T look substantially like another one (especially after you get a bunch of ergonomics experts together in a room)?
This is the kind of crap you hear from people that 'submit' a script to a movie studio and then sue when someone else had a similar idea and got their movie made instead. It doesn't mean it never happens, but a lot of the time it doesn't.
I never had a problem with the position on the S controller; my thumb can hit them without any problems. The original dukes were horrible though.
File -> Save As -> Save as type (txt | rtf | filtered html | nonfiltered html | xml)
Microsoft don't force these updates on people. If they release the patches when they are ready, you can still only update once a month if you want to.
Actually you can't. Once the patch is released, the vulnerability is exposed. After that point, it is a race between the people trying to figure out what changed in the patch to exploit that vulnerability and the people patching it.
This has nothing to do with Linux, and everything to do with vendors complaining about how they can't compete with companies installing bootleg versions of Windows on PCs.
XP Starter Edition isn't even available in non-OEM versions.
Well, the doctors, biologists, and engineers all need people to flip burgers, mow their laws, and pick up the trash ...
...)
(barely more than 50% of the people in this country voted for GWB; hell, less than 50% voted for him the first go around