The difference here is that this guy plays the tunes in his business establishment. One could reasonably argue that he does derive financial benefit from having music as a perk for his patrong.
ASCAP was founded in February 1914:
ASCAP's first office was a tinyroom in New York's Fulton Theater Building. A kitchen table and broken-down chair served as office furniture. The Society's total payroll was $15 a week. Dues were $10 for writers and $50 for publishers. Today membership is free.
Its earliest members included the era's most active songwriters - Irving Berlin, James Weldon Johnson, Jerome Kern and John Philip Sousa.
Early on, founding member Victor Herbert brought a lawsuit against Shanley's Restaurant for refusing to pay royalties. The fight took two years and went to the Supreme Court. ASCAP prevailed. Justice Oliver Wendell Holmes wrote the decision of the Court: "If music did not pay, it would be given up. Whether it pays or not, the purpose of employing it is profit and that is enough."
In 1919, ASCAP and the Performing Right Society of Great Britain signed the first reciprocal agreement for the representation of each other's members' works in their respective territories. Today, ASCAP has reciprocal agreements all over the world and licenses the U.S. performances of hundreds of thousands of international creators.
The two-party system pretty clearly is part of the "American way"
You can see the lines of fracture developing when Washington first tried to fit Hamilton and Jefferson into the same administration.
The only thing that is going to give currently-minor parties (they are no more "independent" than the majors) a reasonable chance of winning more than the occasional office is radical reform of electoral systems, which is probably going to have to be led by a citizen initiative
I think winner-take-all ia too much a part of an American's way of thinking for this to happen. We don't like tie games, we don't like multiple-choice.
Vote NO on all propositions - we don't need even more laws and bureaucracies.
Propositions are as close you get to direct democracy in the United States.
In a country of 300 million people you do not get and you will never get the libertarian fantasy of small government. Power simply passes to other corporate entities that are able and willing to wield it.
Vote to OUST all existing officials, or against all incumbents...Anything to get rid of the career politicians.
And where do you suppose the politician learns his trade? Only in the movies of Frank Capra does one come into the game as a political innocent.
I know nothing (and care little) about the the head of the school board.
Then you will have no cause for complaint when "intelligent design" is taught as biology, video surveillance systems are ramped up to Supermax proportions and Office 2007 is introduced into the classroom.
Well, that's what it used to mean. Someone who was close to the metal, not some jumped up script kiddie with no morals. now even Newsforge is using it in its pejorative form. Personally I think they mean crackers.
The usage that takes hold in the larger world is what matters.
This is precisely why arguing that "copyright infringement is not theft" is so futile. The idea is too deeply entrenched in the language to be uprooted now.
Historically, the American's Freedom in Speech in rooted in a concept of citizenship: the right of every responsible adult to participate in open political debate.
Not the right to market soft-core porn and hard-core violence to minors in the guise of a video game.
wow, look at all the Democrats...wanting to block free speech!
restricting the sale of adult themed games to adults is not a violation of free speech. protecting the integrity of the ratings system is not a violation of free speech.
I'm not sure TOS/EULA was ever really binding. Couldn't someone just claim ignorance. "I didn't install it... It was on here when I got it." Prove that it wasn't.
The simplest and most likely explanation is what persuades a jury in an american civil case. The closest fit -- not the perfect fit -- to the facts at hand is all the jury being asked to decide.
Couldn't someone just claim ignorance. "I didn't install it... It was on here when I got it." Prove that it wasn't.
The acknowledgement or acceptance of the TOS, the EULA, was made through your system. On the face of it, it's your account and your reponsibility.
So you want to argue that Granny's orange tabby cat hit the return key while your back was turned? Fine. But it is not the plaintiff's job to prove that the unlikely event did not happen. It's your job to prove that it did happen.
But you're wrong in your arguments of no one trading "investment in hardware, software, peripherals
office max had an external 160 GB USB drive on sale for $80.
compatability with Windows isn't advertised, it is simply assummed to be part of the deal.
Not so. Freespire, for example is free (though one variant is not completely open source). Linspire costs OEMs... what? $500 a year for as many installations as you like? That's maybe 10 or 20 copies of Windows OEM.
There are enormous economies of scale in building for the Windows market.
There is the prospect of significant after-market sales. You don't need to maintain dual inventories and support structures. Even Walmart in the end had to throw in the towel.
Systems will ship OEM activated. Or it will be a one time, one click, event for the vast majority of users---who do not pull motherboards as often as they change their underwear and socks.
You know the one with Ubuntu or SUSE installed, paying $50-100 less for that new PC.
OEM Linux is dead and buried at Walmart.com.
MSDOS and Windows have been in the home for twenty-five years. No one is going to trade that investment in hardware, software, peripherals and skills for the dubious pleasures of a migration to Linux, at least not in the numbers that make sense to the big box retailer.
Nor is big box retail going to touch a Linux distro dependent on unlicensed media codecs. By the time you configure a system that is actually marketable to home users, the price differential simply disappears or shifts in favor of Windows.
Call me an idealist but it has to happen at some point.
No it doesn't.
The home PC is a solidly middle class artifact, whose users are as unmoved by talk of free-as-in beer as they are by talk of free-as-in-speech.
I think that some of your offer to help install/administer their linux boxes should include spending time with them and finding out how they use their computer, what features they find essential, and the like.
You think?
MSDOS and Windows have been in the home for twenty-five years.
You think just maybe it might make more even sense to sit down with your family and see how they use their computers before you try migrating them to Linux?
Without looking it up on the internet, tell me the exact day the Hindenberg crashed. Same with the Titanic.
The loss of the Titanic marked the end of a century of unquestioned faith in technology.
Class distinctions were a huge factor in the survival of passengers and crew. That has never been forgotten or forgiven. To say that the event wasn't politicized is absolute nonsense.
Microsoft has also said DirectX 10 and Vista will not be backward compatible with previous versions of DirectX.
"Windows Vista continues to support the same Direct3D and DirectDraw interfaces as Windows XP, back to version 3 of DirectX (with the exception of Direct3D's Retained Mode, which has been removed). Just as with Windows XP Professional x64 Edition, 64-bit native applications on Windows Vista are limited to Direct3D9, DirectDraw7, or newer interfaces. High-performance applications should make use of Direct3D 9 or later to ensure that they have the closest match to the hardware capabilities." Graphics APIs in Windows Vista
what humans are really doing is paying less attention to non-intelligent threats, even though they are more deadly. That does not sound like a successful survival strategy to me
are the non-intelligent threats really less deadly or simply more open to analysis and prediction?
the eight million victims of the Holocaust might have the right to ask that question. perhaps also the 3000 who died at the WTC.
Those 6000 deaths are more or less randomly distributed across 50 states and among a population of 300 million. What you do not see so often is 6000 deaths in a single incident.
I've often wondered about the fact that the number of lives lost in the 9/11 attack are lost every year in to traffic "accidents" in the US. So where's the war on cars?
Traffic deaths do not take out 2,000 people in a single incident.
Traffic deaths do not massively damage infrastructure or erase 50,000 high-paying jobs in a single incident. Traffic deaths do not kill a significant fraction of a city's first responders.
New Orleans may never fully recover from Katrina. There are damn few world cities as rich and resilent as New York.
It could have been much worse. The WTC complex at noon typically held around 100,000 people.
It's not right that someone who buys a new computer from a specific reseller gets a free OS, while those of us who choose to build our own systems, or support smaller companies, or , heaven forbid, just install a new OS in our old computer, have to pay through the nose for a product that is basically being given away to others.
Office Max has a no-name 160 GB external USB drive on sale for $80 USD.
The mass market OEM Windows box --- the box that ships out of Austin every two or three minutes --- is what makes acquiring this level of technology dirt-cheap for the hobbyist.
The suggested retail price for the Vista Premium upgrade is $150 USD. Roughly equivelent to three months of broadband cable service, three months worth of ink jet cartridges or toner.
So I have to go through an annoying and possibly bogus WGA check and pray it doesn't result in a false positive if I want to download Windows Defender, you know, a security tool, but I they impose no such checks if I want to download a simple DRM-infested media player? Nice priorities there, Microsoft.
The Geek: Validation! Wah! Activation! Wah! DRM! Wah! Whine! Wheeze! Quick! Post another rant to Slashdot!
Gee do you think? One obvious sign of this is that when you upgrade from XP to Vista under RC2 you need to uninstall all antivirus programmes to have the vista upgrade to work
like it makes sense not to uninstall Norton before upgrading-in-place to a new OS.
this is a prime example of when the US Attorney should use some prosecutorial discretion
The Department of Justice runs a very tight ship. Especially in cases like these.
Washington doesn't give a damn about the Geek's good intentions. It cares only about the message you send if you forgive the publication of a tool that compromises airport security, however trivially.
I know a number of audiophiles who detest MP3s. I've tricked them into saying that the actual CD was an MP3 and the MP3 I ripped from that CD was the real CD. They couldn't actually tell a difference and were taking guesses.
This doesn't tell me much.
Edison used "blind" tone tests with live singers and musicians to demonstrate the quality of his acoustic recordings and phonograph players. But he was careful to chose just the right solo voices and instruments.
Slashdot Mirror
ASCAP was founded in February 1914:
ASCAP's first office was a tinyroom in New York's Fulton Theater Building. A kitchen table and broken-down chair served as office furniture. The Society's total payroll was $15 a week. Dues were $10 for writers and $50 for publishers. Today membership is free.
Its earliest members included the era's most active songwriters - Irving Berlin, James Weldon Johnson, Jerome Kern and John Philip Sousa.
Early on, founding member Victor Herbert brought a lawsuit against Shanley's Restaurant for refusing to pay royalties. The fight took two years and went to the Supreme Court. ASCAP prevailed. Justice Oliver Wendell Holmes wrote the decision of the Court: "If music did not pay, it would be given up. Whether it pays or not, the purpose of employing it is profit and that is enough."
In 1919, ASCAP and the Performing Right Society of Great Britain signed the first reciprocal agreement for the representation of each other's members' works in their respective territories. Today, ASCAP has reciprocal agreements all over the world and licenses the U.S. performances of hundreds of thousands of international creators.
THE ERA OF THE PLAYER PIANO
You can see the lines of fracture developing when Washington first tried to fit Hamilton and Jefferson into the same administration.
The only thing that is going to give currently-minor parties (they are no more "independent" than the majors) a reasonable chance of winning more than the occasional office is radical reform of electoral systems, which is probably going to have to be led by a citizen initiative
I think winner-take-all ia too much a part of an American's way of thinking for this to happen. We don't like tie games, we don't like multiple-choice.
No, it's not. Nor was it ever meant to be.
Vote NO on all propositions - we don't need even more laws and bureaucracies.
Propositions are as close you get to direct democracy in the United States.
In a country of 300 million people you do not get and you will never get the libertarian fantasy of small government. Power simply passes to other corporate entities that are able and willing to wield it.
Vote to OUST all existing officials, or against all incumbents...Anything to get rid of the career politicians.
And where do you suppose the politician learns his trade? Only in the movies of Frank Capra does one come into the game as a political innocent.
Then you will have no cause for complaint when "intelligent design" is taught as biology, video surveillance systems are ramped up to Supermax proportions and Office 2007 is introduced into the classroom.
---a much smaller number than the Geek may want to think about.
The usage that takes hold in the larger world is what matters.
This is precisely why arguing that "copyright infringement is not theft" is so futile. The idea is too deeply entrenched in the language to be uprooted now.
but not among the 80-90% of users for whom IE remains the default browser.
Historically, the American's Freedom in Speech in rooted in a concept of citizenship: the right of every responsible adult to participate in open political debate.
Not the right to market soft-core porn and hard-core violence to minors in the guise of a video game.
restricting the sale of adult themed games to adults is not a violation of free speech. protecting the integrity of the ratings system is not a violation of free speech.
The simplest and most likely explanation is what persuades a jury in an american civil case. The closest fit -- not the perfect fit -- to the facts at hand is all the jury being asked to decide.
Couldn't someone just claim ignorance. "I didn't install it... It was on here when I got it." Prove that it wasn't.
The acknowledgement or acceptance of the TOS, the EULA, was made through your system. On the face of it, it's your account and your reponsibility.
So you want to argue that Granny's orange tabby cat hit the return key while your back was turned? Fine. But it is not the plaintiff's job to prove that the unlikely event did not happen. It's your job to prove that it did happen.
office max had an external 160 GB USB drive on sale for $80.
compatability with Windows isn't advertised, it is simply assummed to be part of the deal.
Not so. Freespire, for example is free (though one variant is not completely open source). Linspire costs OEMs... what? $500 a year for as many installations as you like? That's maybe 10 or 20 copies of Windows OEM.
There are enormous economies of scale in building for the Windows market.There is the prospect of significant after-market sales. You don't need to maintain dual inventories and support structures. Even Walmart in the end had to throw in the towel.
Get real.
Systems will ship OEM activated. Or it will be a one time, one click, event for the vast majority of users---who do not pull motherboards as often as they change their underwear and socks.
You know the one with Ubuntu or SUSE installed, paying $50-100 less for that new PC.
OEM Linux is dead and buried at Walmart.com.
MSDOS and Windows have been in the home for twenty-five years. No one is going to trade that investment in hardware, software, peripherals and skills for the dubious pleasures of a migration to Linux, at least not in the numbers that make sense to the big box retailer.
Nor is big box retail going to touch a Linux distro dependent on unlicensed media codecs. By the time you configure a system that is actually marketable to home users, the price differential simply disappears or shifts in favor of Windows.
Call me an idealist but it has to happen at some point.
No it doesn't.
The home PC is a solidly middle class artifact, whose users are as unmoved by talk of free-as-in beer as they are by talk of free-as-in-speech.
You think?
MSDOS and Windows have been in the home for twenty-five years. You think just maybe it might make more even sense to sit down with your family and see how they use their computers before you try migrating them to Linux?
The loss of the Titanic marked the end of a century of unquestioned faith in technology.
Class distinctions were a huge factor in the survival of passengers and crew. That has never been forgotten or forgiven. To say that the event wasn't politicized is absolute nonsense.
"Windows Vista continues to support the same Direct3D and DirectDraw interfaces as Windows XP, back to version 3 of DirectX (with the exception of Direct3D's Retained Mode, which has been removed). Just as with Windows XP Professional x64 Edition, 64-bit native applications on Windows Vista are limited to Direct3D9, DirectDraw7, or newer interfaces. High-performance applications should make use of Direct3D 9 or later to ensure that they have the closest match to the hardware capabilities." Graphics APIs in Windows Vista
are the non-intelligent threats really less deadly or simply more open to analysis and prediction?
the eight million victims of the Holocaust might have the right to ask that question. perhaps also the 3000 who died at the WTC.
Those 6000 deaths are more or less randomly distributed across 50 states and among a population of 300 million. What you do not see so often is 6000 deaths in a single incident.
Traffic deaths do not take out 2,000 people in a single incident.
Traffic deaths do not massively damage infrastructure or erase 50,000 high-paying jobs in a single incident. Traffic deaths do not kill a significant fraction of a city's first responders.
New Orleans may never fully recover from Katrina. There are damn few world cities as rich and resilent as New York.
It could have been much worse. The WTC complex at noon typically held around 100,000 people.
Office Max has a no-name 160 GB external USB drive on sale for $80 USD.
The mass market OEM Windows box --- the box that ships out of Austin every two or three minutes --- is what makes acquiring this level of technology dirt-cheap for the hobbyist.
The suggested retail price for the Vista Premium upgrade is $150 USD.
Roughly equivelent to three months of broadband cable service, three months worth of ink jet cartridges or toner.
The Geek: Validation! Wah! Activation! Wah! DRM! Wah! Whine! Wheeze! Quick! Post another rant to Slashdot!
Everyone Else: Click. Click. Click. Done.
like it makes sense not to uninstall Norton before upgrading-in-place to a new OS.
What most users want in a PC is a box that will sit on their desk for the next five years demanding nothing more than the occassional dusting.
The Department of Justice runs a very tight ship. Especially in cases like these.
Washington doesn't give a damn about the Geek's good intentions. It cares only about the message you send if you forgive the publication of a tool that compromises airport security, however trivially.
You mean like some nut job using Chris's site to print himself a counterfeit boarding pass?
In the world beyond Slashdot the Geek is held responsible for the foreseeable consequences of his actions, not his good intent.
This doesn't tell me much.
Edison used "blind" tone tests with live singers and musicians to demonstrate the quality of his acoustic recordings and phonograph players. But he was careful to chose just the right solo voices and instruments.