Under claims: 51. Defendants unreasonably interfered with Class members' use and enjoyment of their property through a pattern and practice of deceptive advertising banners that caused Class members to unknowing divert their time, attention, work, and computer hardware to the purpose of broadcasting defendants' website.
If the suit goes through, this could be great for the anti-spam movement (for lack of a better term). Just replace "banners" with "emails". A great deal of the spam I get has deceptive subject lines, such as "I've missed you" "We need to talk", or even "I'm suing you". It wouldn't stop all spam, but it would at least reduce the amount of spam that's harder to filter...
Thanks! You made me feel better about my P4-1.8 with a 32 meg TNT2! Seriously though, what games do you play on that? I'm probably going to upgrade once the Athlon 64 and P5 come out, but if I find a good enough reason not to, I'll save a good $1000 or so...
12 megs? Polycon was over 100, and Frozen Heart (great plug, but for EVO) was at least ten megs... But yeah, the plugin system is great, and there are a ton of wonderful TCs out there (Polycon was pretty damned good, and Frozen Heart was friggin' amazing... Even harder to beat than any of the non-TCed EV games...) It's also got a huge following... Also, I suggest that anybody with a Mac ROM and a copy of Mac OS download Basilisk (a 680x0 emulator) and play EVO. The graphics aren't as good, but it's worth it for Frozen Heart alone. Can you tell I love Frozen Heart?:P
You can find info on fair use here... I've put a summary below...
Fair Use: Overview and Meaning for Higher Education
Copyright law begins with the premise that the copyright owner has exclusive rights to many uses of a protected work, notably rights to reproduce, distribute, make derivative works, and publicly display or perform the work. But the Copyright Act also sets forth several important exceptions to those rights. Key statutes make specific allowance for concerns such as distance learning, backup copies of software, and some reproductions made by libraries. The best known and most important exception to owners' rights is fair use.
The Fair-Use Statute
The following is the full text of the fair-use statute from the U.S. Copyright Act.
Section 107 of the Copyright Act of 1976. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. (Emphasis added)
The Meaning of the Four Factors
While fair use is intended to apply to teaching, research, and other such activities, a crucial point is that an educational purpose alone does not make a use fair. The purpose of the use is, in fact, only one of four factors that users must analyze in order to conclude whether or not an activity is lawful.
Moreover, each of the factors is subject to interpretation as courts struggle to make sense of the law. Some interpretations, and their subsequent reconstruction by policy-makers and interest groups, have been especially problematic. For example, some copyright analysts have concluded that if a work being used is a commercial product, the "nature" factor weighs against fair use. By that measure, no clip from a feature film or copy from a trade book could survive that fair-use factor. Similarly, some commentators argue that if a license for the intended use is available from the copyright owner, the action will directly conflict with the market for licensing the original. Thus, the availability of a license will itself tip the "effect" factor against fair use. Neither of these simplistic constructions of fair use is a valid generalization, yet they are rooted in some truths under limited circumstances. Only one conclusion about the four factors is reliable: each situation must be evaluated in light of the specific facts presented.
The following are brief explanations of the four factors from the fair-use statute. All four factors which affect fair use must be taken into account before reaching a conclusion.
Purpose
Congress favored nonprofit educational uses over commercial uses. Copies used in education, but made or sold at monetary profit, may not be favored. Courts also favor uses that are "transformative" or that are not mere reproductions. Fair use is more likely when the copyrighted work is "transformed" into something new or of new utility, such as quotations incorporated into a paper, and perhaps pieces of a work mixed into a multimedia prod
Of course movies are one of the few products out there where the commericials actually tell you something usefull about the product rather than trying to convince you that buying a product will make you a cooler person.
Actually, I've noticed that trailers seem to be getting less and less descriptive. One of the ads for Terminator 3 that I watched told absolutely nothing about the plot. It was essentially the WB logo melting and reforming into a bar thingy, which then morped into a T in which the number 3 was cut.
How do Neilsen (sp?) ratings work? I know that I generally change the channel during boring commercials, and I bet a lot of other people do, also. Does the TiVo have picture in picture? If it does, wouldn't that make it seem as though the person was watching the commercials while in reality watching something else? Or does it ignore the smaller picture?
Yeah, I played ROi for a month or so and loved the game itself, and was planning on paying for it. I was about to send in my money, but decided otherwise. They've done tons of stuff to piss people off, and they don't seem to care at all about actually keeping customers. They've had tons of lag issues, they had a big problem with the payment system, they rolled back the characters right after issuing a statement that they wouldn't roll them back, ad nauseum. The forums (before they put this thing up) were awful. Everybody was constantly in an outrage about ROi. Not to mention the fact that it takes 6 months for a feature currently in one of the Asian ones to get put in ROi. Did I mention the fact that the English translation utterly, utterly sucks? Think even worse than Zero Wing. Yeah.
IDSA has a good faith belief that the Internet site found at
http://www.stormaster.com/ infringes the rights of one or more IDSA members by
offering for download one or more unauthorized copies of one or more game
products protected by copyright, including, but not limited to:
It looks like what he's being accused of is having warez on his site, not manuals. Of course, if the manuals also included schematics for some reason (repairs?), then by having the schematics up on his site he would be allowing someone to reproduce the game. I'm not sure what was in the manuals, since I never got a chance to see them...
VideoFOCUSLite is a limited edition of Salient Stills VideoFOCUS software. It is an affordable way to enjoy the full capabilities of Salient Stills patented image enhancing features. It does NOT offer several features of the full version including : DV capture, multi-session video capability, various workflow enhancing floating menus, free-hand elliptical and inverting masking tools, advanced preview management, improved video deinterlacing, ability to create a new video movie from a selection of video frames, de-multiplexing of digitized video movie.
This seems to be implying that it can take a video, run it through the process, and spit out a higher quality video...
This ought to be setting off alarms for people using MCI. It seems (to me, at least) that they simply don't care enough about a single customer to even try to keep them. The good thing about smaller companies is that they need your business, so chances are you'll get better customer service than with a larger telco.
Thousands of so called "Beta Testers" for the new Windows XP Operating System have been reported exhibiting strange behavior by friends, according to the Center for the Institute for Studies. "They have been spending large sums of money." says Professor John Meesafroud, "Unusually large sums. Not only that, but we have found after studying our test subjects, that they have been demonstrating a disturbing indifference towards our government and what it does. Emotional indifference, loss of any mathematical ability, and a desire to consume useless and unneeded products are the same phenomes described by the developers of UNIX, which was reverse engineered from the very operating systems that were aboard the ship recovered from Roswell, New Mexico all those years ago. The phenomenon is being tagged "Intellectual reprogramming" and is the technique supposedly used by the aliens from the Roswell incident to imprint the complex knowledge necessary to control the flight systems. While essential to the flights of those brave souls, humans have been proven to be naturally addictive to such stimuli, and become addicted to any system which employs this technology." This is indeed a grave situation for us all. I hope for the greater good of mankind that we find a solution to this problem quick. This could mean the end to all intelligent life as we know it.
I thought that pens with the barrels made of a corn-based plastic have already been on the market for a few years... I remember seeing them in a few stores...
Gaaa... Bad formatting...
I don't know about other people, but my conversations on AIM usually go like this:
Me: Hey
Other guy: Hey
Me: Anything interesting happening?
Other guy: Not much. You?
Me: Not much. Hey, wanna play Starcraft?
Other guy: Sure. See you on in a few minutes. Usual channel.
Me: Okay. See you there.
*Other guy puts on away message*
*I put on away message*
Frankly, I couldn't care less whether or not anyone else was reading that, and I bet a lot of people feel the same way. It's a nice feature, sure, but it's not the most needed...
I don't know about other people, but my conversations on AIM usually go like this:
Me: Hey
Other guy: Hey
Me: Anything interesting happening?
Other guy: Not much. You?
Me: Not much. Hey, wanna play Starcraft?
Other guy: Sure. See you on in a few minutes. Usual channel.
Me: Okay. See you there.
Frankly, I couldn't care less whether or not anyone else was reading that, and I bet a lot of people feel the same way. It's a nice feature, sure, but it's not the most needed...
That sounds like a fun project, but I'm wondering how much it cost to do. I found this (from his "about me" page) somewhat interesting: Since June 2002 I work now at a large electronics company in Bremen, and to mine dream job there found.
They should be taking advantage of the RIAA and taking legal action against Datel. I believe that counts as a "device to circumvent security measures," or whatever the RIAA calls it...
Slashdot Mirror
Under claims: 51. Defendants unreasonably interfered with Class members' use and enjoyment of their property through a pattern and practice of deceptive advertising banners that caused Class members to unknowing divert their time, attention, work, and computer hardware to the purpose of broadcasting defendants' website.
If the suit goes through, this could be great for the anti-spam movement (for lack of a better term). Just replace "banners" with "emails". A great deal of the spam I get has deceptive subject lines, such as "I've missed you" "We need to talk", or even "I'm suing you". It wouldn't stop all spam, but it would at least reduce the amount of spam that's harder to filter...
Thanks! You made me feel better about my P4-1.8 with a 32 meg TNT2! Seriously though, what games do you play on that? I'm probably going to upgrade once the Athlon 64 and P5 come out, but if I find a good enough reason not to, I'll save a good $1000 or so...
12 megs? Polycon was over 100, and Frozen Heart (great plug, but for EVO) was at least ten megs... But yeah, the plugin system is great, and there are a ton of wonderful TCs out there (Polycon was pretty damned good, and Frozen Heart was friggin' amazing... Even harder to beat than any of the non-TCed EV games...) It's also got a huge following... Also, I suggest that anybody with a Mac ROM and a copy of Mac OS download Basilisk (a 680x0 emulator) and play EVO. The graphics aren't as good, but it's worth it for Frozen Heart alone. Can you tell I love Frozen Heart? :P
Fair Use: Overview and Meaning for Higher Education
Copyright law begins with the premise that the copyright owner has exclusive rights to many uses of a protected work, notably rights to reproduce, distribute, make derivative works, and publicly display or perform the work. But the Copyright Act also sets forth several important exceptions to those rights. Key statutes make specific allowance for concerns such as distance learning, backup copies of software, and some reproductions made by libraries. The best known and most important exception to owners' rights is fair use.
The Fair-Use Statute
The following is the full text of the fair-use statute from the U.S. Copyright Act.
Section 107 of the Copyright Act of 1976. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. (Emphasis added)
The Meaning of the Four Factors
While fair use is intended to apply to teaching, research, and other such activities, a crucial point is that an educational purpose alone does not make a use fair. The purpose of the use is, in fact, only one of four factors that users must analyze in order to conclude whether or not an activity is lawful.
Moreover, each of the factors is subject to interpretation as courts struggle to make sense of the law. Some interpretations, and their subsequent reconstruction by policy-makers and interest groups, have been especially problematic. For example, some copyright analysts have concluded that if a work being used is a commercial product, the "nature" factor weighs against fair use. By that measure, no clip from a feature film or copy from a trade book could survive that fair-use factor. Similarly, some commentators argue that if a license for the intended use is available from the copyright owner, the action will directly conflict with the market for licensing the original. Thus, the availability of a license will itself tip the "effect" factor against fair use. Neither of these simplistic constructions of fair use is a valid generalization, yet they are rooted in some truths under limited circumstances. Only one conclusion about the four factors is reliable: each situation must be evaluated in light of the specific facts presented.
The following are brief explanations of the four factors from the fair-use statute. All four factors which affect fair use must be taken into account before reaching a conclusion.
Purpose
Congress favored nonprofit educational uses over commercial uses. Copies used in education, but made or sold at monetary profit, may not be favored. Courts also favor uses that are "transformative" or that are not mere reproductions. Fair use is more likely when the copyrighted work is "transformed" into something new or of new utility, such as quotations incorporated into a paper, and perhaps pieces of a work mixed into a multimedia prod
Actually, I've noticed that trailers seem to be getting less and less descriptive. One of the ads for Terminator 3 that I watched told absolutely nothing about the plot. It was essentially the WB logo melting and reforming into a bar thingy, which then morped into a T in which the number 3 was cut.
How do Neilsen (sp?) ratings work? I know that I generally change the channel during boring commercials, and I bet a lot of other people do, also. Does the TiVo have picture in picture? If it does, wouldn't that make it seem as though the person was watching the commercials while in reality watching something else? Or does it ignore the smaller picture?
If I recall, the XBox uses USB for its controllers, or there's an adaptor out there...
Does it come with free Dramamine?
Formfactor Mini ITX/proprietary I thought that part of the Mini ITX specification was that it had a VIA processor. Did I miss something?
Yeah, I played ROi for a month or so and loved the game itself, and was planning on paying for it. I was about to send in my money, but decided otherwise. They've done tons of stuff to piss people off, and they don't seem to care at all about actually keeping customers. They've had tons of lag issues, they had a big problem with the payment system, they rolled back the characters right after issuing a statement that they wouldn't roll them back, ad nauseum. The forums (before they put this thing up) were awful. Everybody was constantly in an outrage about ROi. Not to mention the fact that it takes 6 months for a feature currently in one of the Asian ones to get put in ROi. Did I mention the fact that the English translation utterly, utterly sucks? Think even worse than Zero Wing. Yeah.
It looks like what he's being accused of is having warez on his site, not manuals. Of course, if the manuals also included schematics for some reason (repairs?), then by having the schematics up on his site he would be allowing someone to reproduce the game. I'm not sure what was in the manuals, since I never got a chance to see them...
This seems to be implying that it can take a video, run it through the process, and spit out a higher quality video...
This ought to be setting off alarms for people using MCI. It seems (to me, at least) that they simply don't care enough about a single customer to even try to keep them. The good thing about smaller companies is that they need your business, so chances are you'll get better customer service than with a larger telco.
They just explained the average nerd!
This could be a reason why SCO is doing this whole thing... It seems to have started rising slightly since SCO started their claims back in Jan. or Feb., and started climbing even more rapidly once the issue intensified...
The CIA got Popular Mechanics in on the conspiracy too!
I thought that pens with the barrels made of a corn-based plastic have already been on the market for a few years... I remember seeing them in a few stores...
Of course!
Me: Hey
Other guy: Hey
Me: Anything interesting happening?
Other guy: Not much. You?
Me: Not much. Hey, wanna play Starcraft?
Other guy: Sure. See you on in a few minutes. Usual channel.
Me: Okay. See you there.
*Other guy puts on away message*
*I put on away message*
Frankly, I couldn't care less whether or not anyone else was reading that, and I bet a lot of people feel the same way. It's a nice feature, sure, but it's not the most needed...
I don't know about other people, but my conversations on AIM usually go like this: Me: Hey Other guy: Hey Me: Anything interesting happening? Other guy: Not much. You? Me: Not much. Hey, wanna play Starcraft? Other guy: Sure. See you on in a few minutes. Usual channel. Me: Okay. See you there. Frankly, I couldn't care less whether or not anyone else was reading that, and I bet a lot of people feel the same way. It's a nice feature, sure, but it's not the most needed...
That sounds like a fun project, but I'm wondering how much it cost to do. I found this (from his "about me" page) somewhat interesting: Since June 2002 I work now at a large electronics company in Bremen, and to mine dream job there found.
They should be taking advantage of the RIAA and taking legal action against Datel. I believe that counts as a "device to circumvent security measures," or whatever the RIAA calls it...
I didn't see an orgasmatron in the list... When do we get that?
I don't know about me, but it's sure bad for other people when I have caffeine... *twitch*
A start-up company suing Microsoft? That's just asking to be slaughtered...