Get REAL! There are some excellent pre-Christian writings that qualify as "technical manuals". Take Julius Caesar's treatise on building bridges: he describes it well enough that you could read his text and build one.
Going back even further: Egyptian wine-making recipes from 4000 years ago qualify.
The work is not a trilogy (technically, any part of a trilogy can be comprehended without having had to read/see the other two)... it's just a really long movie that was broken into three parts.
If you had not seen the first two, the last one would not have made any sense at all.
"If you are cold enough that your fingers and toes are starting to feel painfully cold, then you've got a warmth problem *overall* across your whole body that can't be fixed by just moving the heat around."
You've never been sledding or skiiing or even hiking in extreme cold, have you? It's easy to be overheated on the torso and have icy cold hands. That leads to its own problems - sweating, then chilling and then hypothermia.
" For $1USD I can buy a four pack of thoes chemical hand warmer things that last 7.5 hours each. Why would I want to buy really expensive gloves that won't keep me nearly as confortable."
For hours 7.5 and above, and for the next day, and the day after that.... unless you want to spend another $1USD and tote a huge supply of the hand warmers with you on camping trips. This would be great for anyone who has to spend a lot of time in cold environments: snow sports, fishing, hunting, and even working in warehouses and large freezers.
"they found that several brands do not, in fact, contain any silver at all! So, are you getting what you are paying for?"
IF the ingredients list silver, and the ads say "silver", it MUST have silver in it, and as much as specified. This can be reported to the state's consumer affairs agency and/or the FTC for followup.
However, merely using the word "silver" in the name is not always fraud...
"When you find that somebody is violating the GPL by distributing your code or a derivative of your code as a closed source product, how do you go about handling it?"
Read the USA copyright law http://www.copyright.gov/title17/circ92.pdf... you can just file a legal action in the proper federal court. AFAIK, you have to register the copyrights first, and damages can be limited if you register late, but you can get the offender to stop the infringement and pay your legal fees no matter how late you register things.
NOTE: there are forms you can fill out to get a break on the filing fees if you are truly impoverished.
"If you are the copyright holder, how do you communicate with the offenders?"
Through a letter to their CEO, first, letting them know they have infringed, politely requesting that they cease and desist the infringement. Then via letters from your lawyer to theirs, probably.
Getting a temporary injunction is tricky - you are usually asked to post a bond in case the other guy prevails, and it can be hefty. However, the judge can require the infringing party destroy (or hand over to the court) all develo9pment copies, finished works, copies, etc. and pull them from distribution channels.
" I also began noticing that I was sleeping better and could work for periods of time longer than 30 minutes without feeling like i HAD to take a break." What's the difference between this and basic Zen or other meditation? the same results are reported - better focus and better sleep
If you want to see "focused" brainwaves, check out a Buddhist monk's waves.
"If I rewrote a best selling novel, so that each paragraph used entirely different sentences, and yet the novel's plot and theme was exactly the same... couldn't the author sue my sorry ass?"
At that level of copying, yes, they probably could. Fiction, however, has a plot and characters and a setting and a far larger set of possible words to draw from... something that non-fiction writing in general and especially programming, does not have. Given the limits of the language and the few really efficient ways that are to write code, stir in the decades of exposure to public examples and classes, and the standards that one must write to... efficient well-written code will strongly resemble other code. It's like chocolate chip cooky recipes... of all the ways thare are to mix butter, sugar, flour, eggs and chocolate chips, only a few produce edible cookies.
However, SCO does not have the copyrights to the code they claim IBM illegally used... they are claiming some sort of "IP" right based on their reading of the contracts and their totally wierd definition of "derivative works".
"SCO would have a case to make if the concepts ideas, "manner of expression" and all sorts of other stuff in Linux could be shown to be derived through a chain of modification, backed up by the ongoing involvement of individuals in that modification process, even if the code and expression of programing ideas took a very different letter by letter form."
Nice theory, BUT... ideas can't be copyrighted, and we know SCO holds no patents. Their only possible "IP" is copyrights on code. Even if there was a clear geneology of ideas, the only possible suit would be if they can show enough direct copying of code that they can also show a clear copyright on (and Novell says that SCO does not have the copyrights). It also has to be code that doesn't exist in any other source that is "libre" (such as BSD) that could have served as the source AND there has to be substantial originality in it. Code that has to be written a certain way (the infamous errno.h files) because of standards or hardware constraints is hard to copyright. It's like a description of how a USB port works: given the standards and the constraints of technical English, they all sound very similar.
"2) (Lawyer, please!) If SCO files a suit in a US court against an entity who fails to show up to defend themselves (like, say, some dude from the UK where US law does not apply and who, therefore, doesn't give a rat's ass about paying to put high-priced attorneys on a plane to Utah), then SCO wins, right?"
Yes, perhaps. However, they would have to get the investor's approval first, and pay cash up front for the lawyers (they've run through the "we'll win big bux" scenarioalready). The OSDL defense fund could step in and provide legal assistance.
"Workers are now expected to 'sign' in and out using their palm prints to record the exact time of arrival and the identity of the employee."
"punch me in" is a common request when there are time cards or swipe cards. If the swipe card is needed for access you just have your buddy open the door when you get there.
The entity that gets in trouble when this happens is usually the employer, because laws require them to "maintain accurate records" of work hours. The palm print prevents "clock me in" unless the late-arriving employee is willing to make one heck of a sacrifice.
"They did not understand the concept of "do something, do anything to get started", including low-level use of free technology, such as improvised websites and initial customers, preferring to plan for pie-in-the-sky everything-must-be-perfect-before-we-move.
Did we work together? Yours failed for the same reasons the dotcom startup I was with failed... they weren't content with having a decent product. The founder stalled and waffled and never committed to anything. He could have had a really good system for the Fortune 5,000,000 (the millions of small businesses) but he had visions of being a Fortune 500 supplier and failed at it.
" But copyright law does recognize the general notion of derived works, so its just possible that they are right about this. It will take a court - and probably several appeals courts - to decide this."
No. Derivative works are clearly defined in USC17 (US copyright law), and having copyright to one of the sources used in the preparation of a derivative work does NOT give you any rights to the rest of the material in that work.
Example: If a movie studio uses a novel as the basis for a screenplay... let's say Rowling's "Sorcerer's Stone" book... the author owns NO COPYRIGHTS in the movie, the soundtrack, the games, toys, comic books, or other works that may come from it unless the terms of the author's contract with the purchaser specifically say the author does. Neither does the movie studio acquire any copyright ownership over the source material or any similar works written by Rowling. The original work of eacy party remains theirs unless there is a signed contract explicitly assigning copyrights differently.
From what I have read of the IBM/AT&T agreements, they were using the usual definition of derivative work: anything IBM added stayed theirs, and anything they bought from AT&T stayed with AT&T.
"anybody out there using both that can tell me how they differ in terms of performance or ease of use"
I've used them both... neither is what I would call easy, but power and ease of use don't go together. As for performance, way back when it was GIMP 0.something we ran a test on photoediting. The same digital image was edited with the GIMP and with PhotoShop to crop, remove flaws, and enhance. We couldn't tell which one had been processed by which program, so the compoany switched ot GIMP and saved a bundle.
"password to modify" is used to prevent a user from altering the base text, usually accidentally.
It does not prevent the form from being used normally - any user can fill in the form fields. If, as the BugTraq report states, "This feature is also often used to protect documents which do not even have form areas (quotations/offers etc.)" the authors of those documents are incredibly stupid.
Under Tools/Options/Security is the better password protection scheme - you can use the "password to open" or just "password to modify" to allow reading but not changing the file. It's not invinceable, but it's not as easy to crack as the "forms" password.
"if the file is like one page long and has more than one bullet list then the file won't save properly...oh, it'll save, but when you re-open it, forget about having it look like it did when you saved it. Freakin bullets changed to numbers, bullets moved around, deleted, added to things that shouldn't have bullets. "
That's a result of the way that MSWord handles lists. For true wierdness, try passing a document with lists around to edit among MSWord users... each machine/user combo adds its defaults to the document and it becomes FUBAR quickly.
"I am no expert in this software patent field." Good, because SCO is claiming COPYRIGHT infringement on these, not patent infringement.
"But, looking at the claims and today's specifics, it sure seems to me to suggest the real intellectual property claim." Infortunately "intellectual property" is not a valid concept in law: you have trademarks, trade secrets, patents and copyrights. Each has its own set of laws governing use and misuse. Google for USA copyright law to see what applies to SCO's claims.
So, its not the actual text, but the logical content of the files. Thus, errno.h is significant in the actual values, and the concepts behind how errors get returned to the caller (its not a return value, its in the errno global... ). " Copyright can only be used to protect "original expression" of an idea. Given that the idea of error numbers and error handling is demonstrably part of openly published standards (POSIX), the error codes are widely known and published, and the language expressing the ideas is not only publically available but extremely restrictive, the chances of their being any copyrightable material in those header files is zero. (It's like a cookbook author trying to sue over the use of a phrase like "Preheat the oven to 350F"... it's necessary information, but totally unoriginal.)
"Someone correct me if I'm wrong, but I thought one could only copyright original works, but what's original about a bunch of #define-s? "
Nothing... if it's the only way, or one of a very limited ways to implement the standard, it's not copyrightable. I believe the format and switches are specified by the POSIX standard, which means you have no choice/originality involved. Do it their way or it doesn't work.
Leaving the copyright notice off, even on a one-liner, is wrong, but it's not a fatal error. Tracking down who may have stripped a 20-line notice from a 1-line header for an OS that's been around since the 1970s is not going to be an easy task, and a judge would probably say "screw this, de minimis non curat lex* applies" and tell them to shove off. (*the law does not concern itself with trifles, nothing to do with Lex Luthor)
Perhaps a "membrane switch" mouse would work. The membrane is a lot quieter than a mouse, while still having tactile feedback. Expensive drafting "mice" had them years ago. Now, they are popular in TV remotes, cell phones, etc.
I've seen them for gaming:
http://www.rotokiller.com/rtr720.html#m1m1
Haven't seen them anywhere else, but maybe you could do surgery on a cheap mouse and replace the microswitches with a membrane switch.
"What we need to do is file 1000's of small claims against SCO in your local courts, alleging copyright violation. Seek the maximum allowed for your jurisdiction. "
Unfortunately for this idea, there is ONLY one law governing copyright in the USA (USC-17), and it says you have to file in a FEDERAL court. Your local small-claims court is going to take you filing fee, look at the suit and say "no jurisdiction". Leaving you standing there a few dollars poorer and no closer to your goal.
Re:What I Want to Know
on
SCO News Roundup
·
· Score: 2, Interesting
..is the status of IBM's filings to compel discovery not just from SCO, but with companies investing in SCO. (snip) Attorney/client privilege is pretty strong, but can it be pried apart if there is evidence of, oh, say fraud?"
Oh yes. There is a difference between advising a client and collusion. But I'm beginning to wonder if Boies and Heise and the rest have slipped across the line.
Slashdot Mirror
Get REAL! There are some excellent pre-Christian writings that qualify as "technical manuals". Take Julius Caesar's treatise on building bridges: he describes it well enough that you could read his text and build one. Going back even further: Egyptian wine-making recipes from 4000 years ago qualify.
If you had not seen the first two, the last one would not have made any sense at all.
You've never been sledding or skiiing or even hiking in extreme cold, have you? It's easy to be overheated on the torso and have icy cold hands. That leads to its own problems - sweating, then chilling and then hypothermia.
For hours 7.5 and above, and for the next day, and the day after that .... unless you want to spend another $1USD and tote a huge supply of the hand warmers with you on camping trips. This would be great for anyone who has to spend a lot of time in cold environments: snow sports, fishing, hunting, and even working in warehouses and large freezers.
IF the ingredients list silver, and the ads say "silver", it MUST have silver in it, and as much as specified. This can be reported to the state's consumer affairs agency and/or the FTC for followup.
However, merely using the word "silver" in the name is not always fraud ...
Several come to mind:
The factory in Gilmore CA that makes Garlic powder
The fish processing plant in Guaymas, Sonora
(both on olfactory assault charges)
Any class 10 clean room (those bunny suits, hair covers, double gloves, booties, and face masks are not easy to wear for the full shift.
If they lost in court, it wuold be $1000/per violation PLUS the lawyers fees and court costs ... that scares them.
Read the USA copyright law http://www.copyright.gov/title17/circ92.pdf ... you can just file a legal action in the proper federal court. AFAIK, you have to register the copyrights first, and damages can be limited if you register late, but you can get the offender to stop the infringement and pay your legal fees no matter how late you register things.
NOTE: there are forms you can fill out to get a break on the filing fees if you are truly impoverished.
"If you are the copyright holder, how do you communicate with the offenders?"
Through a letter to their CEO, first, letting them know they have infringed, politely requesting that they cease and desist the infringement. Then via letters from your lawyer to theirs, probably.
Getting a temporary injunction is tricky - you are usually asked to post a bond in case the other guy prevails, and it can be hefty. However, the judge can require the infringing party destroy (or hand over to the court) all develo9pment copies, finished works, copies, etc. and pull them from distribution channels.
If you want to see "focused" brainwaves, check out a Buddhist monk's waves.
At that level of copying, yes, they probably could. Fiction, however, has a plot and characters and a setting and a far larger set of possible words to draw from ... something that non-fiction writing in general and especially programming, does not have. Given the limits of the language and the few really efficient ways that are to write code, stir in the decades of exposure to public examples and classes, and the standards that one must write to ... efficient well-written code will strongly resemble other code. It's like chocolate chip cooky recipes ... of all the ways thare are to mix butter, sugar, flour, eggs and chocolate chips, only a few produce edible cookies.
However, SCO does not have the copyrights to the code they claim IBM illegally used ... they are claiming some sort of "IP" right based on their reading of the contracts and their totally wierd definition of "derivative works".
But it should be added to the list.
Nice theory, BUT ... ideas can't be copyrighted, and we know SCO holds no patents. Their only possible "IP" is copyrights on code. Even if there was a clear geneology of ideas, the only possible suit would be if they can show enough direct copying of code that they can also show a clear copyright on (and Novell says that SCO does not have the copyrights). It also has to be code that doesn't exist in any other source that is "libre" (such as BSD) that could have served as the source AND there has to be substantial originality in it. Code that has to be written a certain way (the infamous errno.h files) because of standards or hardware constraints is hard to copyright. It's like a description of how a USB port works: given the standards and the constraints of technical English, they all sound very similar.
"2) (Lawyer, please!) If SCO files a suit in a US court against an entity who fails to show up to defend themselves (like, say, some dude from the UK where US law does not apply and who, therefore, doesn't give a rat's ass about paying to put high-priced attorneys on a plane to Utah), then SCO wins, right?"
Yes, perhaps. However, they would have to get the investor's approval first, and pay cash up front for the lawyers (they've run through the "we'll win big bux" scenarioalready). The OSDL defense fund could step in and provide legal assistance.
"punch me in" is a common request when there are time cards or swipe cards. If the swipe card is needed for access you just have your buddy open the door when you get there.
The entity that gets in trouble when this happens is usually the employer, because laws require them to "maintain accurate records" of work hours. The palm print prevents "clock me in" unless the late-arriving employee is willing to make one heck of a sacrifice.
"They did not understand the concept of "do something, do anything to get started", including low-level use of free technology, such as improvised websites and initial customers, preferring to plan for pie-in-the-sky everything-must-be-perfect-before-we-move. Did we work together? Yours failed for the same reasons the dotcom startup I was with failed ... they weren't content with having a decent product. The founder stalled and waffled and never committed to anything. He could have had a really good system for the Fortune 5,000,000 (the millions of small businesses) but he had visions of being a Fortune 500 supplier and failed at it.
No. Derivative works are clearly defined in USC17 (US copyright law), and having copyright to one of the sources used in the preparation of a derivative work does NOT give you any rights to the rest of the material in that work.
Example: If a movie studio uses a novel as the basis for a screenplay ... let's say Rowling's "Sorcerer's Stone" book ... the author owns NO COPYRIGHTS in the movie, the soundtrack, the games, toys, comic books, or other works that may come from it unless the terms of the author's contract with the purchaser specifically say the author does. Neither does the movie studio acquire any copyright ownership over the source material or any similar works written by Rowling. The original work of eacy party remains theirs unless there is a signed contract explicitly assigning copyrights differently.
From what I have read of the IBM/AT&T agreements, they were using the usual definition of derivative work: anything IBM added stayed theirs, and anything they bought from AT&T stayed with AT&T.
I've used them both ... neither is what I would call easy, but power and ease of use don't go together. As for performance, way back when it was GIMP 0.something we ran a test on photoediting. The same digital image was edited with the GIMP and with PhotoShop to crop, remove flaws, and enhance. We couldn't tell which one had been processed by which program, so the compoany switched ot GIMP and saved a bundle.
It does not prevent the form from being used normally - any user can fill in the form fields. If, as the BugTraq report states, "This feature is also often used to protect documents which do not even have form areas (quotations/offers etc.)" the authors of those documents are incredibly stupid.
Under Tools/Options/Security is the better password protection scheme - you can use the "password to open" or just "password to modify" to allow reading but not changing the file. It's not invinceable, but it's not as easy to crack as the "forms" password.
That's a result of the way that MSWord handles lists. For true wierdness, try passing a document with lists around to edit among MSWord users ... each machine/user combo adds its defaults to the document and it becomes FUBAR quickly.
Hah! Buy the shell, buy the liabilities. IBM would love to see a deep-pocketed, stupid company take over. It would give them someone to collect from.
"But, looking at the claims and today's specifics, it sure seems to me to suggest the real intellectual property claim." Infortunately "intellectual property" is not a valid concept in law: you have trademarks, trade secrets, patents and copyrights. Each has its own set of laws governing use and misuse. Google for USA copyright law to see what applies to SCO's claims.
So, its not the actual text, but the logical content of the files. Thus, errno.h is significant in the actual values, and the concepts behind how errors get returned to the caller (its not a return value, its in the errno global... ). " Copyright can only be used to protect "original expression" of an idea. Given that the idea of error numbers and error handling is demonstrably part of openly published standards (POSIX), the error codes are widely known and published, and the language expressing the ideas is not only publically available but extremely restrictive, the chances of their being any copyrightable material in those header files is zero. (It's like a cookbook author trying to sue over the use of a phrase like "Preheat the oven to 350F" ... it's necessary information, but totally unoriginal.)
Nothing ... if it's the only way, or one of a very limited ways to implement the standard, it's not copyrightable. I believe the format and switches are specified by the POSIX standard, which means you have no choice/originality involved. Do it their way or it doesn't work.
Leaving the copyright notice off, even on a one-liner, is wrong, but it's not a fatal error. Tracking down who may have stripped a 20-line notice from a 1-line header for an OS that's been around since the 1970s is not going to be an easy task, and a judge would probably say "screw this, de minimis non curat lex* applies" and tell them to shove off. (*the law does not concern itself with trifles, nothing to do with Lex Luthor)
Perhaps a "membrane switch" mouse would work. The membrane is a lot quieter than a mouse, while still having tactile feedback. Expensive drafting "mice" had them years ago. Now, they are popular in TV remotes, cell phones, etc.
I've seen them for gaming:
http://www.rotokiller.com/rtr720.html#m1m1
Haven't seen them anywhere else, but maybe you could do surgery on a cheap mouse and replace the microswitches with a membrane switch.
Unfortunately for this idea, there is ONLY one law governing copyright in the USA (USC-17), and it says you have to file in a FEDERAL court. Your local small-claims court is going to take you filing fee, look at the suit and say "no jurisdiction". Leaving you standing there a few dollars poorer and no closer to your goal.
Oh yes. There is a difference between advising a client and collusion. But I'm beginning to wonder if Boies and Heise and the rest have slipped across the line.