Air Canada lost it's reservations/bookings/everything servers, and couldn't operate anything approaching normally for one reason. The servers were based in the midst of the blackout. Out here on the left coast, there were no effects. So why, don't international org.s and government departments have duplicate facilities on independant grids? That's always bugged me.
Linus apparently maintains a don't look policy regarding the source of contributed code.
His worth would be in connecting for the court that program xxx purportedly from doe.john@foo.bar was inserted in to the Linux Kernel vX.yy on yy/mm/dd. That's about it. I am unsure of LT's status as a legal expert in legacy UNIX (TM) code let alone SCO's bag of worms.
So in essence I think Linus may be used to provide evidence of the chain of events only.
I remember those days... I had to walk 5 miles, through 10 feet of snow, with newspapers wrapped around my feet, uphill both ways just to get to an arcade...
strictly speaking your right, but.. (or is it butt?;)) the DMCA allows slapdown letters first, and litigation to prove, in court, with lawyers and other expensive accoutrements, that you are legally allowed to do what you did.
The DMCA is not based on the criminal code assumptions of innocence until proven guilty, rather you must prove that the infraction (and reverse engineering IS an infraction) is explicitly permitted within the code.
The reason that the DoJ is not involved in the SCO/IBM Soap Opera is that SCO is claiming "Breach of Contract", not IP infringement per se.
That is, while they are claiming IP infringement to the extent that IBM allegedly distributed SCO copy right properties, because big blue had a contractually defined interest in those alleged properties the law governing the case is going to be Contract Law.
i.e did IBM or did it not act outside of the contractually defined uses of the properties from SCO.
While they wait for the supremes to decide to hear the case, the work on new, stronger more modern laws will begin.
Just wait for the new Patriot 3 Perpeual Digital Copyright Act, aka Sonny Bono and Ashcroft's unholy love child act.
There are some significant differences between Trade Rules (NAFTA, HT Etc.) and Labelling.
Application of NAFTA rules to items with foreign content involves breaking the item apart into it's constituents and assigning values to each part based on cost, labor, and country of origin for that part. Then if enough is NAFTA made, no duty (simplified version). So while, Mexico and Canada wouldn't get hit, India, Singapore etc. could potentially be tariffed. Packaging is usually not a significant cost factor in the calculation from my experience.
The application of international trade tariffs to software is otherwise difficult. The old bits Vs. atoms problem.
Slashdot Mirror
The "volcano" is actually an erlenmeyer flask. I'd guess it's supposed to conotate "experimental".
bwh
Air Canada lost it's reservations/bookings/everything servers, and couldn't operate anything approaching normally for one reason. The servers were based in the midst of the blackout.
Out here on the left coast, there were no effects. So why, don't international org.s and government departments have duplicate facilities on independant grids? That's always bugged me.
bwh
Linus apparently maintains a don't look policy regarding the source of contributed code.
His worth would be in connecting for the court that program xxx purportedly from doe.john@foo.bar was inserted in to the Linux Kernel vX.yy on yy/mm/dd. That's about it. I am unsure of LT's status as a legal expert in legacy UNIX (TM) code let alone SCO's bag of worms.
So in essence I think Linus may be used to provide evidence of the chain of events only.
bwh
IANAL, JM2C, YMMV, etc.
Actually, the law does still apply, only the prison terms are removed from sentencing. bwh
Then, change the course, I'm sure DoD has plenty of space somewhere in the country.
I remember those days... I had to walk 5 miles, through 10 feet of snow, with newspapers wrapped around my feet, uphill both ways just to get to an arcade...
;)
dang whippersnappers, don't know what fun is.
bwh
strictly speaking your right, but.. (or is it butt? ;)) the DMCA allows slapdown letters first, and litigation to prove, in court, with lawyers and other expensive accoutrements, that you are legally allowed to do what you did.
The DMCA is not based on the criminal code assumptions of innocence until proven guilty, rather you must prove that the infraction (and reverse engineering IS an infraction) is explicitly permitted within the code.
bwh
Forgot to mention...
IANAL
bwh
The reason that the DoJ is not involved in the SCO/IBM Soap Opera is that SCO is claiming "Breach of Contract", not IP infringement per se.
That is, while they are claiming IP infringement to the extent that IBM allegedly distributed SCO copy right properties, because big blue had a contractually defined interest in those alleged properties the law governing the case is going to be Contract Law.
i.e did IBM or did it not act outside of the contractually defined uses of the properties from SCO.
Confused yet?
bwh
This is exactly the point that worries me.
While they wait for the supremes to decide to hear the case, the work on new, stronger more modern laws will begin.
Just wait for the new Patriot 3 Perpeual Digital Copyright Act, aka Sonny Bono and Ashcroft's unholy love child act.
bwh
There are some significant differences between Trade Rules (NAFTA, HT Etc.) and Labelling.
Application of NAFTA rules to items with foreign content involves breaking the item apart into it's constituents and assigning values to each part based on cost, labor, and country of origin for that part. Then if enough is NAFTA made, no duty (simplified version). So while, Mexico and Canada wouldn't get hit, India, Singapore etc. could potentially be tariffed. Packaging is usually not a significant cost factor in the calculation from my experience.
The application of international trade tariffs to software is otherwise difficult. The old bits Vs. atoms problem.
bwh
- A proud Canadian ashamed of his federal gov't.