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User: DeepRedux

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  1. Re:Potential Violations != Violations on Verizon Loses Suit Over Subpoena of Subscriber Info · · Score: 3, Interesting

    Copyright violations can be either criminal or civil. It is much easy to prove a civil case.

    Sharing of MP3s from CDs that you own is a copyright violation. This was made clear in the my.mp3.com case. It does not matter if either or both parties own the CD. The possible penalty for sharing a registered copyrighted work is $30K per work (per song offered, not per song downloaded).

    The $30K figure is for statutory damages. Statutory damages can be awarded even if it is not shown that any one actually made any money or that the owner lost any money or even that the violation was willful. If the copyright owner can prove any of these, the amount can be higher. Statutory damages for willful copyright violations are up to $150K per work.

    Sharing because of a misconfigured P2P setup may not be willful, but is still probably a violation. The final determination is, of course, up to the judge or jury. Adding warnings like, RIAA keep out! could help the RIAA show that the violation was willful. The disclaimer that you propose is basically what my.mp3.com tried and they had to pay huge amount in damages.

  2. Re:One More Time on Should The Next Windows Be Built On Linux? · · Score: 1

    VMS and Unix are quite separate. They both date back to the 1970's.

    VMS was developed by Digital for its VAX hardware. Digital was later bought by Compaq, which was bought by HP.

    Unix was developed by AT&T's Bell Labs. Unix slightly predates VMS and was developed on older Digital hardware (PDP-7, later PDP-11). The PDP did not support virtual memory. VM support was latter added to Unix, on a VAX, at Berkeley by Bill Joy.

  3. Re:We asked the wrong person on AMI Guy Talks About TCPA, Palladium, and Other BIOS Issues · · Score: 1

    As he said customers still need that "Designed for Windows" sticker. Does any doubt that Palladium will become part of the requirements for that sticker? Can anyone building x86 motherboards stay in business without it: highly unlikely.

  4. Re:Which version of Java? on MS Must Ship Java With Windows Within 120 Days · · Score: 1

    MS is now shipping Java 1.1.4. This is a very old version of Java.

  5. Re:The extension of Copyright may fire back on Disney Wins, Eldred (and everyone else) Loses · · Score: 1

    The 20 year extension made the copyright lifetime 95 years, so Disney is safe here. Congress could, if they wanted, extend copyright back and restore the copyright. While Congress may keep extending copyright times to keep 20th century works protected, there is little pressure on Congress to restore copyrights to 19th century works.

  6. Re:It's just PR on RIAA: We Won't Pursue Mandated DRM Technologies · · Score: 1

    There would be no need for anyone to prove that "computers have no other use besides playing media". This may be an element of applying old law to computers, but congress is free to make new law without such a requirement. The copyright clause of the constitution should be broad enough to allow (not require, allow) such a law.

  7. Re:Cheap Media on Hollywood Muscles Aussie ISPs Over Movie Downloading · · Score: 1

    At least in the US, that is not the case. This was made clear in the "my.mp3.com" case. Even through MP3.com took steps to check that downloaders owned the CDs corresponding to the MP3s they downloaded, MP3.com was found guilty of willfull copyright violations.

  8. Re:My company would love to do this... on The Cathedral In The Bazaar? · · Score: 1

    The GPL does not allow you to forbid commercial use of a GPLed library on the server. Dual licensing only works when your customer wants to distribute a non-GPLed program that uses your libraries.

    How many sales you would lose depends on the nature of your libraries. If they are mostly used directly by your customers (without redistribution) you could lose a lot. A webserver module would fit in this category.

    If your customers build and sell applications with your libraries then you man not lose many sales. A game engine would be an example. The real money is in closed source games, so a game publish could not use a GPLed engine in a commercially published game.

    Another choice would be to use a different open, but non-GPL license, that would allow free non-commercial use and forbid commercial use. Then the question is how trustworthy are your customers and how obvious would violations be?

  9. Re:How does this work? on The Cathedral In The Bazaar? · · Score: 5, Insightful
    A copyright owner can release code under any number of different licenses. Releasing code under the GPL does not prevent the owner from also releasing it under a proprietary license. Only the copyright owner can relicense a code; you cannot relicense a GPL code that you have only downloaded. The owner generally has to make sure that they get a proper copyright transfer to assume ownership of any contributed code.

    The dual licensing model only works, as a business, when there are customers who will pay to avoid the "viral" features of the GPL. If everyone was happy to use the GPL, there would be no business in dual licensing.

  10. Re:Nielsons ratings on Still Hope for Farscape · · Score: 1

    Twenty years is nothing for a soap opera. The US soap opera Days of Our Lives has been on since November 8, 1965.

  11. Cell camera sparks fistfight at women�s party on The Growth of Picture Phones · · Score: 1
    A women-only wedding celebration ended in a dramatic fistfight in Saudi Arabia when invitees caught one of the young women taking shots of another with her mobile phone camera while they were all dancing together.

    The Saudi government has banned mobile phones that have cameras, but they are smuggled in.

  12. Re:huh? on FCC to Permit Complete Media/Telecom Consolidation · · Score: 1
    AT&T does not control any broadband access. AT&T Broadband was spun off from AT&T and merged into Comcast. This spinoff was done because AT&T wanted out of cable, not because of any goverment pressure. Just like they previously got rid of Lucent and wireless (AWE).

    Even if the government allowed unlimited mergers, there are countervailing forces that encourage companies to split up on their own.

  13. Re:Java is slow? on Linux Number Crunching: Languages and Tools · · Score: 1

    The StrictMath functions in Java are designed to always return quite accurate results. The result from the atan2 function must be within 2 ulps (units in the last place) of the correctly rounded result and the results must be semi-monotonic.

    Most other languages make no promises as to the accuracy of the intrinsic functions. This allows the use of the x86 hardware instructions for sin and cos that can return as little as one bit of accuracy (in extreme cases).

    Java tends to be biased toward safety rather than speed. Bounds checking is another example. In my opinion, there is a lot to be said for slowly getting the right answer rather than quickly getting the wrong answer.

  14. Re:How did he get the docs? on Russian Student Arrested For Revealing DirecTV Secrets · · Score: 1
    From the article:
    "Serebryany obtained the documents while working part-time at a law firm in California that performed legal work for DirecTV."
  15. Re:The value of archives on Free Speech And WebLogs · · Score: 1

    The act of copying can trigger a violation. Each time a web server sends out a page, it is legally considered to be making a copy. Each such copy is a potential violation for which the web site owner may be liable.

    On the other hand, once a paper has been printed and sent to a library the newspaper is not creating any further infractions by letting it sit there. If a patron makes a copy, it is the patron's problem, not the newspaper's problem.

    The fact that a web server is always making copies opens up many more chances for violations than for older media. This is not due to any change in the law, just how the existing law interacts with new media.

  16. Re:Hmm... on Sklyarov Discusses the ElcomSoft Trial · · Score: 3, Insightful

    Sklyarov was not on trial here, so he has no right to present testimony on his own behalf. The one with rights is the defendant, ElcomSoft, his employer. ElcomSoft had the right, which they exercised, to have Sklyarov testify live in court.

    In the US, it is not the job of the prosecution to fairly present both sides. The prosecution's job is to make the best case they can against the defendant and the defense's job is to rebut the case. The judge has the task of making sure that both sides have the opportunity to present their case, within the rules of evidence.

  17. Re:similar story on When Sysadmins Go Bad · · Score: 1

    You are confusing puts and shorts.

    With a put option your only liability is the price of the option (in this example $0.40). If the stock goes to $55, the put expires worthless, but you are only out the initial $0.40.

    The other way to profit from a decline in price is to short a stock. Shorting is selling a stock you do not own and hope to buy back later at a lower price. If the price increases you will have to make up the difference. So if you short at $50 and the price goes to $55 you lose $5. The advantange of a short is that if the stock declines to $49 the short is profitable ($1) but a put with a strike of $45 is worthless.

  18. Re:similar story on When Sysadmins Go Bad · · Score: 2, Informative

    Puts can translate to vastly more money.

    For example, right now UBS stock is about $50 and for $0.40 (last trade) you can by a put option with a strike price of $45 that expires in about a month. So for $0.40, you can by the right to sell the stock at $45.

    If the UBS were to drop to $40, the payoff would be $4.60 (45-40-0.40). A $21K investment would pay $241K (less commissions).

  19. Re:I can see the use on transcontinental flights.. on More On Airplanes And Internet · · Score: 1

    A number of airlines have power, mostly toward the front of the plane. They all seem to require a special "Empower" connector. I have never seen a regular AC plug at the seat.

  20. Re:I was shocked that I couldn't find a Go board. on Low Tech Toys? · · Score: 1

    Toys'R'Us problem is Wal-Mart. Wal-Mart is the largest toy merchant in the US; Toys'R'Us is number 2.

    Toys'R'Us problem is that it is stuck selling toys all year. Wal-Mart can stock up on toys for Christmas and reduce the space devoted to toys during the rest of the year. That space can be used for selling items in more demand at other times of the year.

    Also, Wal-Mart has used IT better than anyone to improve logistics.

  21. Re:How sudden? on DIRECTV Broadband Shuts Down · · Score: 1

    The shutdown is a result of the collapse of the proposed merger between DirectTV and EchoStar. The merger was called off on Tuesday because of DOJ and FCC opposition. EchoStar will pay DirectTV a $600M breakup fee.

    The DSL shutdown is only one of the changes.
    On Wednesday, DirectTV extended its "Sunday Ticket" deal with the NFL for 5 more years.
    On Thursday, they announced a deal for HP to provide technology and services for 5 years.

  22. Re:MSFT's Unbreakable Monopoly on Microsoft Profit and Loss by Business Area · · Score: 2, Insightful

    Bottled water seems to keep selling even through tap water is basically "free". Some people will pay for what they perceive as quality even given a free alternative.

  23. Re:Why are you surprised? on How Do You Sell Linux Software? · · Score: 1

    If one uses standard accounting, Red Hat is not profitable. In their 10-Q reports to the SEC for the last 4 quarters, RHAT has reported losses of about $15M, $42M, $5M and $2M.

  24. Slashdot's DMCA registration on Copyright Office Asks For Public Comments On DMCA · · Score: 2, Interesting

    Maybe slashdot should consider revoking its DMCA subsection 512(c) registration. This subsection limits the liability of a service provider.

  25. Re:Hrm... on Copyright Infringement In the News · · Score: 1

    The value of a work is the cost of production or acquisition. In the Kevin Mitnick case, Solaris was valued at $80M, not at the cost of a regular license.