The judges are not bothering to consider whether the DMCA is constitional, nor if the way it is being abused is constitional, but whether or not it was intended to be used the way it is - this is NOT a good sign. It isn't going to help on the larger issue, but maybe it'll clean up the smaller one.
Wow, judges doing their job? Handing down rulings based on law and precedent, rather than trying to legislate from the bench based on politics and personal agendas?
I'm not shocked. These are District of Columbia judges, not Californias.
Ginsberg doesn't seem to understand the difference in usability for the average user between an FTP site and a P2P file sharing network. Not that his comments are invalid, but certainly the scope is very different. How do we educate our judicial system?
He understands it perfectly. FTP is not the super-hard 1337 h4x0r tool you think it is. It's dead simple.
P2P is just FTP with a centralized list/searching tool.
Main thing I think we need to remind our congressman about - the RIAA is NOT a law enforcement agency, and should be slapped the hell down if they think they can step into that role.
What does that have to do with anything? The RIAA like anyone else has the right to sue in civil court to resolve grievances. This has nothing to do with criminal law enforcement. There's a big difference between a subpeona and a warrant, or a civil judgement and a fine.
Data East released "Fighters History", an obvious clone of the wildly popular Street Fighter II. It had similar characters with similar moves...
Capcom lost, and the floodgates opened for folks like SNK and Sammy to inundate us with SFII clones, each one more derivative of the last!
This case, however, could be more than just "look and feel". If it turns out that Easyjet once licensed the original COBOL application (and big iron apps like that tend to ship with code), and decided to port rather than continuing to pay licensing fees...
Consider the original COBOL work probably lived on some big iron, and like our legacy COBOL systems, shipped with the code.
Maybe Easyjet (or some co-company) was once a licensee of the original work. Rather than pay for an upgrade, they hire a handful of geeks to port it to VB.
There's infringement there - it's not an original work.
It's more like taking a french novel, translating it to english, and slapping your name on it.
Or taking some GPL project, running it through a C to (whatever language) translator, and selling it as your own.
The judge merely allowed them their day in court, which sounds like the right decision to me.
I maintain a large VB project, which is a port from a previous COBOL project. Most of it is pretty much identical, only the syntax of the language has changed.
If I took the linux kernel, ran it through a C to C# (or whatever) translator, is that an infringement?
What if I just compiled it, and disassembled the binary into ASM?
What about translating a French/Russian novel into English, then selling it as my own?
Things aren't as black and white as you think they are.
It looks just like ATX to me, except with the CPU slid forward, and the fan mounted sideways (front facing) so you can suck air out of a grille in the front of the case.
The memory is horizontal (thank you) and higher, so that you can actually fit one of these fancy hairdryer video cards into the system now.
The difference is the above ffs are all somewhat interchangable - you can stick a flexATX board in a full ATX tower with a 700 watt ATX PSU if you wanted to.
This is more like the switch from AT to ATX - new case, new PSU, etc..
This is just a neato way to make your old case and PSU obsolete come next upgrade. Hooray!
At least BabyAT to ATX made some sense, in that it generally relocated the hotter CPUs next to PSU fans, etc...
What we need is a common laptop form factor. I want to be able to buy an empty laptop chassis/lcd, my own mobo, drive, etc, etc an put one together... While possible, its a major hoof in the noots right now. I want to build a laptop with a trackball and full sized keyboard and not one of those useless touchpads or thumbsticks. I dont care if it's 8 inches wider than Dells junk.
So Microsoft ends up with two claims from Rick Stallman.
This just encourages a ton of kids to file bogus claims to get a free PC - not understanding that you make the claims under penalty of perjury.
So what's stopping me? The thought of some time in a pound-me-in-the-ass prison, or best case scenario of being fined thousands of dollars.
Come to think of it, this will work out great for MS - they'll make the 1.1 billion back many times over when settling all the the inevitable fraud cases.
This stinks of the ambulance chasers that go door to door looking to add names to their class action lawsuits when there's a fire in a nearby factory. They promise easy bucks, just sign here.
I'm no fan of encouraging people to abuse the legal system for profit.
Whats his yammering about ATA and SCSI being supplanted by TCP/IP? Gimme a break. Why would a hard drive, or any other peripheral need all the bloat of a routable network protocol?
Sorry fella, I want a fast cheap hard drive, not one with buzzwords all over it.
I think the deal is harddrives are getting so big, so fast, and noone has a use for all that space.
Back in the days of 20 meg drives, pretty much all of it was in use by your OS, apps, and data files. Now that you have 200 gig drives, you really "use" about 10 gigs for that stuff, and the rest is archival, storing ISOs or downloads or pron or mp3s or whatever.
I have a 120gig at home, and its full up, but I really only need about 10 gigs or so of the stuff thats there. This is already "flying" with the home user.
The stuff is staying on disk, when in the olden days it would be moved to a tape or floppy or/dev/null.
I really dont get what all this sequential access jibber-jabber is about though. I guess he's talking about backing up an important directory with TAR. I think a lot of this interview is these two simply in love with the sound of their own voices.
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I like linux, I hate zealots and their misinformation and inability to comprehend or see things clearly.
Why is that hard to understand?
It's in their best interest to do this.
Believe it or not, corporations would rather buy the MSFT tools to use under linux than to use the free as in whoopty-doo alternative.
I'd love to be able to develop using VS.Net, and run under linux. Simply because it's a kick-ass tool.
They aren't stupid, the future is interoperability. Windows will become less and less of a cash cow, they need to move in different directions.
If I record a song/tv show off the radio or TV, then let a friend borrow and copy it, why this is illegal.
It isnt.
Let 1,000 friends borrow and copy it, you cross the line between personal use and distribution.
The judges are not bothering to consider whether the DMCA is constitional, nor if the way it is being abused is constitional, but whether or not it was intended to be used the way it is - this is NOT a good sign. It isn't going to help on the larger issue, but maybe it'll clean up the smaller one.
Wow, judges doing their job? Handing down rulings based on law and precedent, rather than trying to legislate from the bench based on politics and personal agendas?
I'm not shocked. These are District of Columbia judges, not Californias.
Ginsberg doesn't seem to understand the difference in usability for the average user between an FTP site and a P2P file sharing network. Not that his comments are invalid, but certainly the scope is very different. How do we educate our judicial system?
He understands it perfectly. FTP is not the super-hard 1337 h4x0r tool you think it is. It's dead simple.
P2P is just FTP with a centralized list/searching tool.
Main thing I think we need to remind our congressman about - the RIAA is NOT a law enforcement agency, and should be slapped the hell down if they think they can step into that role.
What does that have to do with anything? The RIAA like anyone else has the right to sue in civil court to resolve grievances. This has nothing to do with criminal law enforcement. There's a big difference between a subpeona and a warrant, or a civil judgement and a fine.
Ever maintained a big custom COBOL app like that?
You tend to leave the code on the customers machines so you can patch and tweak on the fly.
Capcom v. Data East
Data East released "Fighters History", an obvious clone of the wildly popular Street Fighter II. It had similar characters with similar moves...
Capcom lost, and the floodgates opened for folks like SNK and Sammy to inundate us with SFII clones, each one more derivative of the last!
This case, however, could be more than just "look and feel". If it turns out that Easyjet once licensed the original COBOL application (and big iron apps like that tend to ship with code), and decided to port rather than continuing to pay licensing fees...
Actually, Ford did just that back in the 1920s.
They lost for the most part, although some now-defunct operations were found guilty of violating some patents.
No, there could be something to this case.
Consider the original COBOL work probably lived on some big iron, and like our legacy COBOL systems, shipped with the code.
Maybe Easyjet (or some co-company) was once a licensee of the original work. Rather than pay for an upgrade, they hire a handful of geeks to port it to VB.
There's infringement there - it's not an original work.
It's more like taking a french novel, translating it to english, and slapping your name on it.
Or taking some GPL project, running it through a C to (whatever language) translator, and selling it as your own.
The judge merely allowed them their day in court, which sounds like the right decision to me.
I maintain a large VB project, which is a port from a previous COBOL project. Most of it is pretty much identical, only the syntax of the language has changed.
If I took the linux kernel, ran it through a C to C# (or whatever) translator, is that an infringement?
What if I just compiled it, and disassembled the binary into ASM?
What about translating a French/Russian novel into English, then selling it as my own?
Things aren't as black and white as you think they are.
Sure, just like you have "alittle" dick.
Cuz OSS is so secure an M$ is teh suck!
C is a subset of C++
It looks just like ATX to me, except with the CPU slid forward, and the fan mounted sideways (front facing) so you can suck air out of a grille in the front of the case.
The memory is horizontal (thank you) and higher, so that you can actually fit one of these fancy hairdryer video cards into the system now.
Targetted at gamers..
Heh.. That reads "targetted at dimwits who think they're really tech savvy but are stupid enough to buy anything with X-Treme in the title".
What game benefits from this chip? Everything I see runs just as well on a 1.2ghz P3 as it does on my 2.6ghz P4 - given the same video card.
You mean like MicroATX, FlexATX, or even MiniITX?
The difference is the above ffs are all somewhat interchangable - you can stick a flexATX board in a full ATX tower with a 700 watt ATX PSU if you wanted to.
This is more like the switch from AT to ATX - new case, new PSU, etc..
is not another desktop form factor.
This is just a neato way to make your old case and PSU obsolete come next upgrade. Hooray!
At least BabyAT to ATX made some sense, in that it generally relocated the hotter CPUs next to PSU fans, etc...
What we need is a common laptop form factor. I want to be able to buy an empty laptop chassis/lcd, my own mobo, drive, etc, etc an put one together... While possible, its a major hoof in the noots right now. I want to build a laptop with a trackball and full sized keyboard and not one of those useless touchpads or thumbsticks. I dont care if it's 8 inches wider than Dells junk.
Etc etc
Sure, without offering proof.
This is no different than a lawyer collecting those signatures from people who live miles away from the company being sued.
Lindows is just filing on your behalf.
So Microsoft ends up with two claims from Rick Stallman.
This just encourages a ton of kids to file bogus claims to get a free PC - not understanding that you make the claims under penalty of perjury.
So what's stopping me? The thought of some time in a pound-me-in-the-ass prison, or best case scenario of being fined thousands of dollars.
Come to think of it, this will work out great for MS - they'll make the 1.1 billion back many times over when settling all the the inevitable fraud cases.
You'll pay more in shipping and handling than the "webstation" PC is worth.
And all the software is available free.
I agree.
This stinks of the ambulance chasers that go door to door looking to add names to their class action lawsuits when there's a fire in a nearby factory. They promise easy bucks, just sign here.
I'm no fan of encouraging people to abuse the legal system for profit.
We keep your settlement monies, you get a bunch of stuff that's free in the first place.
I hate lindows and that talentless leech of a CEO they have.
Whats his yammering about ATA and SCSI being supplanted by TCP/IP? Gimme a break. Why would a hard drive, or any other peripheral need all the bloat of a routable network protocol?
Sorry fella, I want a fast cheap hard drive, not one with buzzwords all over it.
I think the deal is harddrives are getting so big, so fast, and noone has a use for all that space.
/dev/null.
Back in the days of 20 meg drives, pretty much all of it was in use by your OS, apps, and data files. Now that you have 200 gig drives, you really "use" about 10 gigs for that stuff, and the rest is archival, storing ISOs or downloads or pron or mp3s or whatever.
I have a 120gig at home, and its full up, but I really only need about 10 gigs or so of the stuff thats there. This is already "flying" with the home user.
The stuff is staying on disk, when in the olden days it would be moved to a tape or floppy or
I really dont get what all this sequential access jibber-jabber is about though. I guess he's talking about backing up an important directory with TAR. I think a lot of this interview is these two simply in love with the sound of their own voices.
Technological breakthroughs?
Faster CPUs, bigger HDDs, and denser RAM, but fundamentally its the same type of shit.
Optical drives (CDRoms) and LCD monitors are about the only new techs I can think of, everything else is merely improving upon the old.
Is cost not a good enough reason for you?
HDD = a buck a gig, solid-state = 100 bucks a gig.
Though supposedly magical MRAM will come along and revolutionize the world. OLED screens too. And oh yeah, Duke Nuk'Em Forever.