Did you notice in the transcript that the lawyer for RIAA never mentions the the words, "steal", or "theft" even once in the court proceedings? He only mentions COPYRIGHT INFRINGEMENT!!!
Big whoop. This is a civil case. Remember that O. J. Simpson was sued for wrongful death not murder, a fine distinction at best, from a layman's point of view.
if you believe that that there are constitutional issues w/ the copyright act, and you have a chance to raise the issue before the supreme court, you'd be a fool to stay silent on the topic
The grant of cert defines the constitutional question that is of interest to the court. You waste it's time and invite a merciless put-down when your argument loses focus.
the world is getting smarter, and is not needing the whole windows user-friendly environment any more. Bottom line, the world needs something that accually works, and is open-source
should I take this as an admission that Linux "works," but is not "user friendly?"
What I find totally astonishing is that the USA is unable to air drop 200,000 MREs a day into New Orleans and surrounding area
I wonder if this will be remembered the next time the military tries to consolidate all its regular and reserve forces to the southern Atlantic and Gulf states.
Then you can treat your employees like adults instead of children.
Some of your people will be always be corrupt and others weak or careless. Threats of punishment have little meaning whem secrets walk out the door. HR isn't recruiting saints.
I don't understand this geek obsession with replacing simple mechanical solutions that are known to work.
Your set of keys provides protection against the toddler and the drunk. You want opening the door and starting the engine to remain just difficult enough to exclude the incompetent.
Yes, yes, we know, violating copyright is against the law, but the law doesn't call it theft. Neither should we. Really, calling a copyright violator a thief is probably slander, and therefore punishable by law.
The U.S.Code defines copyright infringement as a felony. WWW.CYBERCRIME.GOV. Which is all that matters to your mates at Club Fed.
In the popular mind, legal words of art have no great place and all crimes against property, including intangible property, are seen as a form of theft. The association is ancient in the western world and cannot be eradicated by fiat.
So, regardless of the impotent puppet court system's rulings on the matter, this act is unconstitutional
The Supreme Court as The Court of the Constitution is neither impotent or a puppet.
I'm reading the Constitution, and no where do I see the right to control the distribution of copyrighted works. If you want to claim interstate commerce I direct you to the 9th Amendment
I don't need to point to the Commerce Clause. The federal government has the power to do whatever is "necessary and proper" to enforce rights granted under the Constitution. Clause 18. Necessary and Proper Clause
I don't see where we differ here. In 1914 the question was whether public performance rights were included in a tavern owner's purchase of a music roll. The Supreme Court ruled that it was not.
File sharing is not reselling. There's no illegitimate monetary profit here
The NET Act (No Electronic Theft) of 1997 criminalized unlicensed, non-profit, re-distribution. WWW.CYBERCRIME.GOV The Robin Hood defense is dead.
The music was legally sold to a customer. That customer chose to share something which they bought ownership of. If the music industry wants to deal in rentals then they should make that clear at the point of sale.
You don't own the music, you own the disk. That has been the law in the U.S. since the piano roll days of Irving Berlin, Victor Herbert and John Philip Sousa. The Birth of ASCAP 1914
You want a license for broadcast, public performance, re-distribution, you negotiate it separately.
But let's hold true to natural law and how the Constitution implements it.
Americans have never been comfortable with natural law as a guiding principle in a court of law. They expect legal decisions and debate to have a solid anchorage in a written constitution, a treaty, a statute. You are unlikely to ever hear a natural law argument made in an American court.
The federal government, the primary author of copyright law, is empowered by a single document: The Constitution
Treaties have equal status with the Constitution, and can significantly expand federal power, something to think about when considering copyright law.
Current copyright law is the newer, kinder, gentler extortion... and nothing more
...and your solution is to subvert the right of
every author to profit from the distribution of his own work? I think I'll take my stand with the pirate whose thievery is untainted by self-righteousness
These days I have have adopted a very aggressive attitude to 'correctional computing'
When a "stealth install" blows up in someone's face and you find yourself in court, you will have reinforced all the negative stereotypes of the Geek. God help you if actually try to collect that 120 quid from an "older person," a pensioner, perhaps, who wants his Windows system back in order as you promised.
Most people are fairly smart, at least smart enough not to live by choice directly on a major geologic fault line (or in a city below sea level on a coastline known for hurricanes, or in an arctic wasteland, etc).
You build a port where you can land an ocean-going vessel, ideally, at the mouth of a navigable river that provides deep penetration inland.
Geography defines what is possible, not what is safe.
The natural flow of trade in the central United States is defined by the Ohio, Missouri and Mississippi, with the terminus in New Orleans.
the fact that people live on a flood plain that has sunk because groundwater has been pumped out on a coastline that gets hammered with multiple hurricanes a year, with REALLY BIG F**KING ONES every century or so ought to be a hint that maybe this isn't the best place to have a city
You build a deep water port where you can land an ocean-going vessel, ideally, at the mouth of a navigable river with deep penetration inland. Geography defines what is possible, not what is safe.
The natural flow of trade through the central United States is defined by the Ohio, Missouri, and Mississippi rivers, with the terminus at New Orleans.
Open Sourceforge,net and search for programs of interest to home users. Subtract those which are in a hopelessly immature state for non-technical users and those which are multi-platform or native Windows projects. What do you have left? Perform the same search at Download.com for Windows and at Amazon.com for Windows. Take a look as well at the increasingly popular DRM'd subscription services like Rhapsody and Y! Unlimited. Do you see a pattern forming here?
MSDOS and Windows have been in the home market for twenty-five years.
Most vendors do not ship Linux pre-installed on computers.. . It takes a lot of effort and time to change the course of such a large ship. If and when most of the vendors are customizing and supporting Linux pre-installs. you will not only see more widespread desktop usage...
Really using the idea how it should, not to protect something somebody bought a license for, but just to use it in a way the person agreed on beforehand (you borrow the book for 3 weeks is a pre agreed way).
This is a distinction without a difference.
The library purchased the book under terms and conditions which it enforces through the use of DRM.
The only reason the average PC user would even consider leaving something like MS Office for OpenOffice is that it could do exactly the same thing, but cheaper or for free.
"Free-as-in-beer" is overrated.
How much does the average user spend on consumables, ink and paper, over three months, six months, a year? How much is he really paying for Office? Not retail list, surely.
Student-Teacher Office sells for about $150 with a three seat license.
The roads are full of people who have no clue how to drive a car with a clutch and a manual transmission. If you suddenly told them that they would not only have to do that, but change their own oil and adjust their own valves, their little heads would explode.
Your great-grandparents discarded manual shifting for perfectly intelligible reasons sixty-five years back.
Microsoft doesn't "Think Geek" and that is its strength.
Heathkit is twenty years dead. The DIY market in consumer electronics is microscopic.
It's never been unusual. Bela Lugosa, John Wayne, Cary Grant, Bob Hope, Marilyn Monroe...
Big whoop. This is a civil case. Remember that O. J. Simpson was sued for wrongful death not murder, a fine distinction at best, from a layman's point of view.
The grant of cert defines the constitutional question that is of interest to the court. You waste it's time and invite a merciless put-down when your argument loses focus.
This is the qualification that Geeks tend to forget.
Well, no.
Summary Judgement means that even when everything is read in your favor, nothing remains in dispute that is worth the time and expense of a trial.
To the court, you are a waste of space just standing there.
Put a fork in it. This turkey is done.
here's a good site to check out: http://www.w3schools.com/browsers/browsers_stats.a sp
I look at w3school's OS stats and what I see is steady growth in XP's share and Linux treading water.
should I take this as an admission that Linux "works," but is not "user friendly?"
I wonder if this will be remembered the next time the military tries to consolidate all its regular and reserve forces to the southern Atlantic and Gulf states.
Some of your people will be always be corrupt and others weak or careless. Threats of punishment have little meaning whem secrets walk out the door. HR isn't recruiting saints.
You do what must be done.
The thing is, even good kids make mistakes. There are times when trust just isn't enough.
I don't understand this geek obsession with replacing simple mechanical solutions that are known to work.
Your set of keys provides protection against the toddler and the drunk. You want opening the door and starting the engine to remain just difficult enough to exclude the incompetent.
The U.S.Code defines copyright infringement as a felony. WWW.CYBERCRIME.GOV. Which is all that matters to your mates at Club Fed.
In the popular mind, legal words of art have no great place and all crimes against property, including intangible property, are seen as a form of theft. The association is ancient in the western world and cannot be eradicated by fiat.
The Supreme Court as The Court of the Constitution is neither impotent or a puppet.
I'm reading the Constitution, and no where do I see the right to control the distribution of copyrighted works. If you want to claim interstate commerce I direct you to the 9th Amendment
I don't need to point to the Commerce Clause. The federal government has the power to do whatever is "necessary and proper" to enforce rights granted under the Constitution. Clause 18. Necessary and Proper Clause
I don't see where we differ here. In 1914 the question was whether public performance rights were included in a tavern owner's purchase of a music roll. The Supreme Court ruled that it was not.
The NET Act (No Electronic Theft) of 1997 criminalized unlicensed, non-profit, re-distribution. WWW.CYBERCRIME.GOV The Robin Hood defense is dead.
The music was legally sold to a customer. That customer chose to share something which they bought ownership of. If the music industry wants to deal in rentals then they should make that clear at the point of sale.
You don't own the music, you own the disk. That has been the law in the U.S. since the piano roll days of Irving Berlin, Victor Herbert and John Philip Sousa. The Birth of ASCAP 1914
You want a license for broadcast, public performance, re-distribution, you negotiate it separately.
But let's hold true to natural law and how the Constitution implements it.
Americans have never been comfortable with natural law as a guiding principle in a court of law. They expect legal decisions and debate to have a solid anchorage in a written constitution, a treaty, a statute. You are unlikely to ever hear a natural law argument made in an American court.
The federal government, the primary author of copyright law, is empowered by a single document: The Constitution
Treaties have equal status with the Constitution, and can significantly expand federal power, something to think about when considering copyright law.
Current copyright law is the newer, kinder, gentler extortion... and nothing more
When a "stealth install" blows up in someone's face and you find yourself in court, you will have reinforced all the negative stereotypes of the Geek. God help you if actually try to collect that 120 quid from an "older person," a pensioner, perhaps, who wants his Windows system back in order as you promised.
You build a port where you can land an ocean-going vessel, ideally, at the mouth of a navigable river that provides deep penetration inland.
Geography defines what is possible, not what is safe.
The natural flow of trade in the central United States is defined by the Ohio, Missouri and Mississippi, with the terminus in New Orleans.
You build a deep water port where you can land an ocean-going vessel, ideally, at the mouth of a navigable river with deep penetration inland. Geography defines what is possible, not what is safe.
The natural flow of trade through the central United States is defined by the Ohio, Missouri, and Mississippi rivers, with the terminus at New Orleans.
Open Sourceforge,net and search for programs of interest to home users. Subtract those which are in a hopelessly immature state for non-technical users and those which are multi-platform or native Windows projects. What do you have left? Perform the same search at Download.com for Windows and at Amazon.com for Windows. Take a look as well at the increasingly popular DRM'd subscription services like Rhapsody and Y! Unlimited. Do you see a pattern forming here?
MSDOS and Windows have been in the home market for twenty-five years.
Most vendors do not ship Linux pre-installed on computers.. . It takes a lot of effort and time to change the course of such a large ship. If and when most of the vendors are customizing and supporting Linux pre-installs. you will not only see more widespread desktop usage...
This is a distinction without a difference.
The library purchased the book under terms and conditions which it enforces through the use of DRM.
"Free-as-in-beer" is overrated.
How much does the average user spend on consumables, ink and paper, over three months, six months, a year? How much is he really paying for Office? Not retail list, surely.
Student-Teacher Office sells for about $150 with a three seat license.
To anyone but a programmer source is no more readable than a Sumerian clay tablet.
Your great-grandparents discarded manual shifting for perfectly intelligible reasons sixty-five years back.
Microsoft doesn't "Think Geek" and that is its strength.
or, just maybe, using a low-resolution webcam for medical imaging is the real danger.