This is getting a little out of hand; painting 7-11s to look like Kwik-E-Marts was one thing, but this is a bit too far. Guys, I've already seen Bourne Ultimatum, don't need this stunt...
These equitable servitudes had better be voluntary, or they are barred in the United States by the Thirteenth Amendment. How are these servitudes voluntary, especially if they are attached to all land in the nearby area?
Um, there's more than one definition for 'servitude.' (1) An encumbrance consisting in a right to the limited use of a piece of land without the possession of it; a charge or burden on an estate for another's benefit [the easement by necessity is an equitable servitude]. The three types of servitudes are easements, licenses, and profits. (2) The condition of being a servant or slave . . . (3) The condition of a prisoner who has been sentenced to forced labor. (Black's Law Dictionary, 2nd Pocket Edition, pp638-639)
Don't worry, most people are ignorant in such matters before law school.
I don't get to set terms for what you do with my car, or my house, or my pencil, after you buy it.
Actually, that's incorrect, at least insofar as real property (as opposed to personal property) goes; look up covenants running with the land and equitable servitudes.
For the 2008 production (2009 release date) of the Tango & Cash remake, timed to coincide with that nostalgia-filled movie's 20th anniversary! Wonder if Michael J. Pollard will reprise his role as Owen...
...with SGI machines. I have no idea what tech they were using (I worked in the Ince buildings next door, but got to tour the datacenter and production floors once), but each designer had two SGI boxes linked with some Cray-sourced technology. Both machines were rackmounted in a block-long data center. Out on the production floor, all that was on the desks was a keyboard, mouse, screen, and a pod into which you could hook up speakers or headphones. Totally silent production floor, all the noisy fans, heat issues, etc., were in the data center. Fiber optics running along the (exposed) ceiling supplied the I/O. Pretty trick in '01.
Actually, October 2006 saw the release of the latest revision, 3.0b. Still, I agree. This is old news.
Yeah, though the spec dates (IIRC) to the mid-90s. I picked 2002 as a sort of arbitrary date; my circa-2000 PCG-Z505R and circa-2001 Latitude C600 both used (or at least could have their power saving features driven by) APM. I didn't pick up another PC for several years and when I did it was ACPI based, and I had to learn a whole new set of Linux incantations;)
Sure. Read the definitions of Black's Law Dictionary http://west.thomson.com/store/product.aspx?product _id=40231642&promcode=520963, the definitive source of such definitions in American jurisprudence. (Hint: Reiser is held in an American facility facing American charges in an American court. Thus, American definitions words apply.)
In England (where I expect you sourced gaol from), jails == prisons; the same facilities are used for both unconvicted inmates "on remand" and those who have been duly convicted and are serving out their sentences.
In America, jails (except for Texas, which has "state jails" for sentences up to 2 years, and the federal system, which often houses in BOP "prison" facilities pre-trial) are used for pre-trial detention and for sentences up to a year. Prisons are much larger facilities exclusively for sentenced inmates serving a year or more.
American business interests are hurt by counterfeiting, and not just in music or movies. I was at the Pomona Fairplex a few years ago when San Bernardino county sheriffs came in and seized mislabeled Pentiums (they were 300s internally overclocked to 450 MHz -- yeah, this was a while ago:). Purveyors of fake Louis Vuitton handbags in the garment district get raided too: http://lapdblog.typepad.com/lapd_blog/2006/05/poli ce_seized_c.html (1) How likely is it, do you think, counterfeiters are paying collected sales / income taxes on their counterfeit product sales? (2) Even if they are, don't you think the sales/income taxes collected would be higher for legitimate goods? (3) RIAA member companies, and the artists that (however indirectly / low -- an argument for a different time) are paid through their efforts, are being deprived of their financial interest in the work they produced.
All of these are wrongs that "taxpayer funded" cops should be involved in policing.
a 5" floppy (it was not 360K, more like 128K, right?)
5.25" and each side was 143K, you could punch another notch in the disk (if it wasn't already so punched) and use both sides, for a whopping 286K per physical disk. Mine had the DuoDisk drive unit, two 5.25" drives in one chassis. So high-tech. Also had the RGB monitor (vs. composite or green-screen) that worked like a champ until, after ~7 years or so, it developed diagonal lines that appeared after it warmed up. Taught myself AppleSoft BASIC, then 65c02 assembly, on that beast. Miss it.
If the contract says nothing about who owns the code, it may probably be treated as a work-for-hire . ..
False. If the company that wrote the code wasn't an "employee" of the contracting company (either actual or de facto, per the 12 non-exclusive, non-singly-determinative factors in Restatement of Agency 2d 220 (applied in a copyright context by SCOTUS in COMMUNITY FOR CREATIVE NON-VIOLENCE v. REID, 490 U.S. 730 (1989), http://caselaw.lp.findlaw.com/scripts/getcase.pl?c ourt=US&vol=490&invol=730), the work is not a work for hire.
It also cannot be made a work for hire by contract, unless it's one of the specifically enumerated types of work in section (b) below (taken from the Copyright Act, 17 USC 101 (definitions)).
(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. For the purpose of the foregoing sentence, a "supplementary work" is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an "instructional text" is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.
I imagine Viacom is seeking injunctive relief against YouTube (i.e., "don't do that anymore, that's an order!"), which is an equitable remedy. One of the main tenants of equity is "he who seeks equity must do equity," that is, you have to show up with "clean hands." Could be interesting.
I don't believe any court anywhere has ever held that making a reproduction of an entire copyrighted work -- a 'backup' -- constitutes fair use...
Has it ever been tested?
Repeatedly. The court in the first Napster decision does a thorough job tearing apart the 'fair use' argument vis-a-vis copying entire songs.
unless it was analogous to a codified carve-out; the Diamond Rio decision compared "space shifting" to the private reproduction right conferred by the Audio Home Recording Act's carveout
Then we're in luck, because there's a codified carve-out for backups that you could reason from in an analogy. (See 17 USC 117 (a)(2).)
I addressed this in my first post. 117 applies only to "Computer programs." A motion picture is distinct from a computer program. (And before you make the inevitable "but it's code, on a disk, that requires a computer to read it," that doesn't make it a computer program, it makes it "a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment . .." 17 USC 101. Sorry, 117 doesn't give us a carve-out for backing up a motion picture.
As for my analogy, yeah, it wasn't perfect. But every court that's looked at the argument has come to the same conclusion -- fair use just means you get to do the reproduction, it doesn't mean you get to do the reproduction exactly as you'd prefer to do it. You can point a camcorder at the screen if it's that important to you. (I'd dig out the quote, but I don't have a matter number to assign the research to, and a casual/. discussion isn't worth incurring Lexis charges for:)
The DMCA on its face does not affect fair use -- see 17 USC 1201(c). (I don't believe any court anywhere has ever held that making a reproduction of an entire copyrighted work -- a 'backup' -- constitutes fair use, unless it was analogous to a codified carve-out; the Diamond Rio decision compared "space shifting" to the private reproduction right conferred by the Audio Home Recording Act's carveout.) Too, I don't know of any courts that have said "fair use" gives you a right to use any means to reproduce a work; the alt.2600 cases pointed out that you could still point a camcorder at a TV set and capture a portion of a DVD title for commentary, etc. It would certainly be the easiest, most direct and error-free route to get a copy of a book's prepress files (PostScript or LaTeX or whatever) directly from O'Reilly, but I don't see anyone saying O'Reilly has to hand you the same, leaving you to manually copy the passages in via eyeball and keyboard (or scanner and OCR, etc).
The DMCA didn't make it illegal to "back up" DVDs. That has always been true of audiovisual works; the reproduction right (17 USC 106) is exclusively reserved to the copyright holder, there's no AHRA-like carveout for movies / TV shows / other A/V works, and the "backup" provisions of 17 USC 117 apply only to computer software -- MPEG2-encoded A/V content is still A/V content, not computer software. The DMCA might have made it (theoretically) harder to reproduce DVDs, what with the anti-circumvention provisions, but no 'right' or legal ability to make a backup copy of an A/V work existed before the DMCA.
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This is getting a little out of hand; painting 7-11s to look like Kwik-E-Marts was one thing, but this is a bit too far. Guys, I've already seen Bourne Ultimatum, don't need this stunt...
These equitable servitudes had better be voluntary, or they are barred in the United States by the Thirteenth Amendment. How are these servitudes voluntary, especially if they are attached to all land in the nearby area?
Um, there's more than one definition for 'servitude.' (1) An encumbrance consisting in a right to the limited use of a piece of land without the possession of it; a charge or burden on an estate for another's benefit [the easement by necessity is an equitable servitude]. The three types of servitudes are easements, licenses, and profits. (2) The condition of being a servant or slave . . . (3) The condition of a prisoner who has been sentenced to forced labor. (Black's Law Dictionary, 2nd Pocket Edition, pp638-639)
Don't worry, most people are ignorant in such matters before law school.
As I understand it, there is no parole and time off for good behavior. This is good... very good.
The federal system does not have parole, but inmates can earn up to 15% sentence reduction (serving 85%) with good behavior.
I don't get to set terms for what you do with my car, or my house, or my pencil, after you buy it.
Actually, that's incorrect, at least insofar as real property (as opposed to personal property) goes; look up covenants running with the land and equitable servitudes.
And don't you mean s/asteroid/moon/?
Dude, if you're going to correct a statement, don't half-ass it. s/battlestation/spacestation/
/me wanders off, muttering "You know what, I don't need your kind of help, all right? Have a great assault. Jerk."
For the 2008 production (2009 release date) of the Tango & Cash remake, timed to coincide with that nostalgia-filled movie's 20th anniversary! Wonder if Michael J. Pollard will reprise his role as Owen...
...before?
http://hardware.slashdot.org/article.pl?sid=06/10/ 30/1618208
http://ask.slashdot.org/article.pl?sid=05/06/29/21 31203
http://hardware.slashdot.org/article.pl?sid=06/03/ 20/0320249
The more things change... ;)
...with SGI machines. I have no idea what tech they were using (I worked in the Ince buildings next door, but got to tour the datacenter and production floors once), but each designer had two SGI boxes linked with some Cray-sourced technology. Both machines were rackmounted in a block-long data center. Out on the production floor, all that was on the desks was a keyboard, mouse, screen, and a pod into which you could hook up speakers or headphones. Totally silent production floor, all the noisy fans, heat issues, etc., were in the data center. Fiber optics running along the (exposed) ceiling supplied the I/O. Pretty trick in '01.
Actually, October 2006 saw the release of the latest revision, 3.0b. Still, I agree. This is old news.
Yeah, though the spec dates (IIRC) to the mid-90s. I picked 2002 as a sort of arbitrary date; my circa-2000 PCG-Z505R and circa-2001 Latitude C600 both used (or at least could have their power saving features driven by) APM. I didn't pick up another PC for several years and when I did it was ACPI based, and I had to learn a whole new set of Linux incantations ;)
2002 called, it wants its Page 3 tech story back.
Prison rape is NOT a fucking joke! It is a disgusting violation of human rights...
So, how long were you down, and how long has it been since you were released?
;)
Care to back that up?
Sure. Read the definitions of Black's Law Dictionary http://west.thomson.com/store/product.aspx?product _id=40231642&promcode=520963, the definitive source of such definitions in American jurisprudence. (Hint: Reiser is held in an American facility facing American charges in an American court. Thus, American definitions words apply.)
In England (where I expect you sourced gaol from), jails == prisons; the same facilities are used for both unconvicted inmates "on remand" and those who have been duly convicted and are serving out their sentences.
In America, jails (except for Texas, which has "state jails" for sentences up to 2 years, and the federal system, which often houses in BOP "prison" facilities pre-trial) are used for pre-trial detention and for sentences up to a year. Prisons are much larger facilities exclusively for sentenced inmates serving a year or more.
American business interests are hurt by counterfeiting, and not just in music or movies. I was at the Pomona Fairplex a few years ago when San Bernardino county sheriffs came in and seized mislabeled Pentiums (they were 300s internally overclocked to 450 MHz -- yeah, this was a while ago :). Purveyors of fake Louis Vuitton handbags in the garment district get raided too: http://lapdblog.typepad.com/lapd_blog/2006/05/poli ce_seized_c.html (1) How likely is it, do you think, counterfeiters are paying collected sales / income taxes on their counterfeit product sales? (2) Even if they are, don't you think the sales/income taxes collected would be higher for legitimate goods? (3) RIAA member companies, and the artists that (however indirectly / low -- an argument for a different time) are paid through their efforts, are being deprived of their financial interest in the work they produced.
All of these are wrongs that "taxpayer funded" cops should be involved in policing.
a 5" floppy (it was not 360K, more like 128K, right?)
5.25" and each side was 143K, you could punch another notch in the disk (if it wasn't already so punched) and use both sides, for a whopping 286K per physical disk. Mine had the DuoDisk drive unit, two 5.25" drives in one chassis. So high-tech. Also had the RGB monitor (vs. composite or green-screen) that worked like a champ until, after ~7 years or so, it developed diagonal lines that appeared after it warmed up. Taught myself AppleSoft BASIC, then 65c02 assembly, on that beast. Miss it.
Widescreen on a photo frame?
Um, a 4x6" print is roughly 10.5:16 or, landscape style, 16:10.5. Sound pretty close to 16:9 (widescreen)? Closer than 4:3? That may be a clue... ;)
04 08 15 16 23 42
Those are the factors for the Valenzetti Equation. We're talking about the MPAA here, the Valenti Equation...
If the contract says nothing about who owns the code, it may probably be treated as a work-for-hire . . .
False. If the company that wrote the code wasn't an "employee" of the contracting company (either actual or de facto, per the 12 non-exclusive, non-singly-determinative factors in Restatement of Agency 2d 220 (applied in a copyright context by SCOTUS in COMMUNITY FOR CREATIVE NON-VIOLENCE v. REID, 490 U.S. 730 (1989), http://caselaw.lp.findlaw.com/scripts/getcase.pl?c ourt=US&vol=490&invol=730), the work is not a work for hire.
It also cannot be made a work for hire by contract, unless it's one of the specifically enumerated types of work in section (b) below (taken from the Copyright Act, 17 USC 101 (definitions)).
IMHO (and I am a lawyer, and I specialize in corporate / intellectual property matters), the best thing to do here is to try to negotiate a transfer of any and all vested copyrights, in a signed writing. But you're going to want to work with an IP transactional lawyer on this one. Or maybe sit on this sure-to-be-a-fun-time seminar: http://www.ceb.com/CEBSite/product.asp?calling_pag e=LiveProgramsDisplay.asp&catalog_name=CEB&menu_ca tegory=CLE+Courses&main_category=Live%20Programs&s ub_category=Practice%20Area%20Business&product_id= BU02114&Page=1&cookie_test=1 ;)
A "work made for hire" is--
(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. For the purpose of the foregoing sentence, a "supplementary work" is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an "instructional text" is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.
I imagine Viacom is seeking injunctive relief against YouTube (i.e., "don't do that anymore, that's an order!"), which is an equitable remedy. One of the main tenants of equity is "he who seeks equity must do equity," that is, you have to show up with "clean hands." Could be interesting.
Anyone? Bueller?
he DMCA on its face does not affect fair use -- see 17 USC 1201(c).
Um, this is full of crap. The DMCA on its face makes it illegal to circumvent protections, and doesn't provide any exemptions for fair use.
Did you even *read* 17 USC 1201(c)? http://www.google.com/search?q=17+USC+1201(c) and the first link, http://www4.law.cornell.edu/uscode/html/uscode17/u sc_sec_17_00001201----000-.html: "Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use . . ."
I don't believe any court anywhere has ever held that making a reproduction of an entire copyrighted work -- a 'backup' -- constitutes fair use...
Has it ever been tested?
Repeatedly. The court in the first Napster decision does a thorough job tearing apart the 'fair use' argument vis-a-vis copying entire songs.
unless it was analogous to a codified carve-out; the Diamond Rio decision compared "space shifting" to the private reproduction right conferred by the Audio Home Recording Act's carveout
Then we're in luck, because there's a codified carve-out for backups that you could reason from in an analogy. (See 17 USC 117 (a)(2).)
I addressed this in my first post. 117 applies only to "Computer programs." A motion picture is distinct from a computer program. (And before you make the inevitable "but it's code, on a disk, that requires a computer to read it," that doesn't make it a computer program, it makes it "a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment . . ." 17 USC 101. Sorry, 117 doesn't give us a carve-out for backing up a motion picture.
As for my analogy, yeah, it wasn't perfect. But every court that's looked at the argument has come to the same conclusion -- fair use just means you get to do the reproduction, it doesn't mean you get to do the reproduction exactly as you'd prefer to do it. You can point a camcorder at the screen if it's that important to you. (I'd dig out the quote, but I don't have a matter number to assign the research to, and a casual /. discussion isn't worth incurring Lexis charges for :)
The DMCA on its face does not affect fair use -- see 17 USC 1201(c). (I don't believe any court anywhere has ever held that making a reproduction of an entire copyrighted work -- a 'backup' -- constitutes fair use, unless it was analogous to a codified carve-out; the Diamond Rio decision compared "space shifting" to the private reproduction right conferred by the Audio Home Recording Act's carveout.) Too, I don't know of any courts that have said "fair use" gives you a right to use any means to reproduce a work; the alt.2600 cases pointed out that you could still point a camcorder at a TV set and capture a portion of a DVD title for commentary, etc. It would certainly be the easiest, most direct and error-free route to get a copy of a book's prepress files (PostScript or LaTeX or whatever) directly from O'Reilly, but I don't see anyone saying O'Reilly has to hand you the same, leaving you to manually copy the passages in via eyeball and keyboard (or scanner and OCR, etc).
The DMCA didn't make it illegal to "back up" DVDs. That has always been true of audiovisual works; the reproduction right (17 USC 106) is exclusively reserved to the copyright holder, there's no AHRA-like carveout for movies / TV shows / other A/V works, and the "backup" provisions of 17 USC 117 apply only to computer software -- MPEG2-encoded A/V content is still A/V content, not computer software. The DMCA might have made it (theoretically) harder to reproduce DVDs, what with the anti-circumvention provisions, but no 'right' or legal ability to make a backup copy of an A/V work existed before the DMCA.
Do I make a Real Genius joke, or a StarCraft joke?
With Voltron, as with Highlander movies, there should have been only one!
This isn't Voltron-like at all; Voltron was originally one robot that was split into five pieces by the evil witch's spell!
Why do I *know* that?!