What is amazing when it comes to public funded research is somehow the greedy non-contributing publishers like to put across the message that somehow paying for their profit margins some how costs us less than paying taxes that pays for the original research and yes that is the point of open research to get rid of the wasteful parasites who contribute nothing, and slow down everything whilst they argue over whose is whose and whilst pretending that somehow it costs us nothing. Government funded research has always tended to prove the most beneficial, because they will often produce solutions that whilst generating no profit provide the best product and cure the problem.
The made the biggest mistake possible, admitting to anything at all. Each and every admission should be forced by their legal team with maximum possible resistance by yourself, only when you have gone through all their evidence, do you nit pick and deny everything you can deny. For them to prove copyright infringement by you is virtually impossible based upon the techniques they are using, so don't ever admit to it.
They failed because the failed fair use doctrine. Fair use allows you to transfer from the original media to another device or backup but not from that device or backup to anything else, they had simply gone one step to many, it is only fair use from the original media.
Now of course they can try appealing and getting a lawyer and at a minimum force a fair damages claim against actual damages accrued.
The very first thing you do when they pursue you in the initial claim, is backup data that you want to keep, then format and re-install, the is no law that requires you to retain your original HDisk state until such time as they ask for it, then of course it is techinically to late, you are not a company, you are not required to retain HDisk data. If you want to confuse the issue do not forget to change your BIOS data to same random earlier data and then do all the re-installs of programs advancing the date between each install, all your original data which show a random series of other dates.
Stop and think about what M$ would be like now, if there had not been a series of succesfull civil cases against it, M$ would, with out doubt, be far worse. Just imagine what windows would be like if Linux had not turned up and forced M$ to start correcting it's worst coding deficiencies.
Each a every case against M$ has forced a modification of behaviour in order to avoid similar litigation. The only time it has really had no genuine effect was in that corrupt change of administration allowed M$ to continue with it monopolistic behaviour forcing the EU to tackle the worst M$ behaviour.
I think the real point here is what happens when you take a minimum spec windows vista machine and run 'any' operating system on it. All year long countless windrones have been claiming borg perfection for vista only to see a series of unreported security faults crop up, patches for stability and numerous performance issues, as well as driver problems.
The same old M$ B$ marketing, it is everybody else's fault, the customers, the hardware manufacturers, other software manufacturers, bloody lazy customers who refuse to pay for privilege of beta testing of so called production software.
It has nothing to do with accuracy of measurement. What they are doing is gauging reaction to various cut of limits, slowly reducing the level with out any announcement to see when customer resistance is likely to loose them customers.
So that are simply testing you, to see how many customers they can cut off at what down load level, with out other customers walking away.
Over the next few months the level will continually drop the cut off point until they find the point where they loose customers, during this time they are basicaly treating the customers with total contempt. Once the trials are over they will simply institute a cap based up the testing they conducted upon their customers.
Who expects any money as log as the lawyers bleed the company dry and set up precedence for any future law suits, so it does far more than cause a minor insignificance for the company in question.
The real solution is a class action law suit for all the lost time that M$ WGA failure caused. They wont to incorporate B$ like this to inflate their profits, then they should be paying the costs for it when it fails and not leaving the customer stuck with another finnacial loss.
As a end used a computer that was down for several hours and they might have lost several hundred dollars of production time and spend a couple hundred extra in computer administration time as they try to understand and resolve the problem all because of a $50 (P)OS overloaded with (FU)DRM.
You also left out a very important part, you get bored with the game and sell what happens to the next person that buys, what happens to investment in the game, 2K Games doesn't care about the money you spend or being able sell the game when you don't want it any more, than fuck them, it is only a game there are thousands to choose from BIO shock will never but will never try.
The real reason they install copyright protection with demos, forget the flagrant lies, it is so that they kind hide the installation before you buy the game, so you wont notice that the game you have just bought is damaging your system, because the root kit is already on there. Perhaps you'll even blame the root kit on some other game, or software you happen to install at the same time.
As a foreigner what I found particularly interesting was the liability protection for US corporations assisting in warrant less wire tapping in foreign countries. Does that mean all foreign countries should immediately bar US corporations from participating in the communication sector as they well break the laws of those countries and invade the privacy of those countries citizens and those countries business communications, a blank check provided by the US government for US corporations to participate in industrial espionage in other countries.
Serious thought has to be given as to whether US corporation should be specifically barred from operating in other countries when the US government considers those companies not bound by the laws of the countries in which they operate.
What utter nonsense, no matter how many times you included my comments in your post it does not make yours correct (well except the parts were you are quoting me of course). Copyright is bound to individuals and companies not countries, just as patents are similarly protected, the owner of the patent or copyright has patent and copyright in all countries that are signatories to that agreement.
In no country in the world is carte blanche given to agreements between people all those agreements are still bound and limited by the law and there is no country that does not place clearly defined limits on gambling. All financial transaction require the agreement of the countries involved in those transactions, you are in fact not free to remove money from one country and take it to another, you require the consent of both countries to conduct that transaction and that consent can be and in fact has often been withdrawn.
As for contesting the court case, of course they would contest it, it would be arrogantly stupid to not turn up to court, as it would degrade the future value of the court, when the US government wishes to use the court themselves.
The IP exists in treaty between countries, all the signatories to that treaty, that it passes through a third party does not abrogate that copyright treaty, and copyright protects the authors not the country from where the works originate, the author or owners of the work are free to travel anywhere in the world covered by that treaty and that work shifts with them, they do not have to shift the work. Gambling is not viewed as a service in the majority of countries, it is viewed as gambling and separately legislated and controlled. As the gambling is occurring in both countries, legislation controlling gambling from both countries should apply, as any transfer of funds requires the cooperation of governments those governments are certainly entitled to establish controls on those transfers.
Your argument about other goods is of course factitious as those goods have to pass customs and be considered safe prior to being allowed into the country ie. apply the same conditions to the gambling. From my point of view I would ban all gambling unless the odds were equal and in fact all parties involved were gambling equally.
If 'you' read the article you will see it is only the opinion of the journalist, and until the case is actually settled no real conclusions can be drawn, they can only be speculated on. Although of course the copyright is clear cut and controlled by separate treaty, regardless of the assertions in the case.
The real issue is whether gambling can actually be considered to be trade. What controls are in place to ensure the gambling activities are in any way fair, so should it be illegal to gamble beyond civil jurisdiction, most likely, should Antigua and Barbuda win and be able to distribute copies of American music, movie and software products, to a population of 70,000, seriously who would give a fuck, nobody will be able to import that product from them, and at 70,000 that ain't even the population of a regional town.
In turn the US or any other country who gets effected by B$ online gambling cut quite indifferently cut 70,000 people out of trade in either direction with out even noticing.
Whilst the current US administration has pretty well demonstrated it ignorance, greed and corruption, that does not by any stretch of the imagination make every US law wrong, or the country as a whole guilty or the American people deserving of getting ripped off by overseas Internet gambling houses.
So the stakes are really high for the survivability of the WTO and whether that organisation should continue to exist, and whether it should attempt to force it's corporate greed driven will upon any countries internal laws.
What a load of crap on top of crap. All plans and calculations have to be submitted to an independent authority for checking to ensure they were done properly. All plans and calculations need to be kept and made available should any repair, or services work need to be done to civil structures. All building and civil structural design is done to accredited public standards, and they are specifically checked against those standards.
All work is put out to tender, many copies of documents to main contractors which in turn gets put out to tender to sub-contractors many more copies. For most new public civil works, all you have to do is log in and you can download a set of documents. Why the hell not, all structural design follows the same basic design rules, having documents on not does not make the slightest bit of difference, it being able to understand the critical components of a structural design, for most competent construction people one look at a structure is all they need, it is just sheer bullshit to claim that structural plans need to be kept secret.
There is only one reason to prevent government employees involved in civil infrastructure from being properly quoted and being readily able to speak to the public about the quality of the public infrastructure, and that is it is being wilfully run down, to promote private infrastructure and tolls on every inch of road on every bridge and on every tunnel, all with bloated margins for greed driven corporations.
Now come on, that is pretty obvious even to you. Have you never hired a windrone system admin, well ok perhaps you might not have, those guys have absolutely no idea what is going on, I don't know exactly what MSCE apart from somebody having forked over a decent chunk of change to M$ for a bit of paper either directly or indirectly.
Besides what else would you expect from an M$ Windows system, the highest performing feature would be software that kills out of control crashing processes, because you can bet you bottom dollar that that (P)OS will be continually generating out of control crashing processes.
I have employed both windows admins and Linux admins and to be brutally honest the windows admins peformed as poorly as the software they were looking after, perhaps I should't be too harsh on them, after all working with windows is like getting stuck with a handicap.
Even worse consider the irony. The government is imprisoning him at home, and as part of the punishment they are forcing him to use windows, so even the government considers being forced to use M$ windows as the equivalent of being forced to be in prison. You would think M$ would do a port of the software to linux at their own expense just so their (P)OS software would be considered prison grade software and being allowed to switch to Linux is like being freed from prison.
Technically speaking is that nothing simply something that they lack the ability to detect, or is that nothing actually nothing. Matter is energy, and most forms of expressed energy are just energetic particles, so what would be the result of total matter energy conversion where no energetic particles remain ie. total conversion. In fact beyond the matter energy conversion boundary, would any evidence of it be detectable as no energetic particles would radiate out from it, possibly even a null time reaction.
Well, duh, but maybe, just maybe mind you, I'm like, duh, not really sure about this, but just maybe, all the original investor etc. have not sold all their shares yet and are interested in the highest possible share price, and they are all still involved in running the company. Now why would they buy a competing company if their product was better and winning, a charitable purchase perhaps, and what pray tell did google buy youtube with cash, or was it something else, hmm?
So what difference does it make they are either intoxicated on alcohol or on drugs, if they do one they will do they other, just typical faulty BS logic. The reality generally on drugs they will sit in one place and remain their as each type of drug produces it's own type of behaviour. Alcohol case in point, release of inhibitions leading to reckless behaviour and a history of violence.
Actually I don't believe in rah rah politics, show me the policies and show me the track record and I will vote on the day for those whom I believe will best serve society, or endeavour to vote out those who a demonstrated, incompetence, deceit and failed policies. I believe swing voter is the correct term.
That is the point of making it a no profit supply solution apart from paying the costs of rehabilitation and forcing adults to take responsibility for their own choices and actions. The current solution is a lot of people are dying, a lot of people are imprisoned, the harm being created by the current policy is enormous, and the most heinous part is completely innocent people are suffering the most as a result of the crime and corruption.
So prohibition is completely illegitimate, your premise is your are protecting people by imprisoning them, denying them their rights and turning them into hardened criminals, by creating the situation where as a result of their addictions they will associate with hardened violent offenders, and are creating a situation where funding is provided the growth and increased power of the most hardened and violent elements, which they in turn use the drug money to further corrupt and damage society. What is you goal, the elimination of drug problem by complete destruction of human society.
I see absolutely no dilemma in making adults responsible for their own decision.
As for distribution, obviously all harmful substances should be distributed in a controlled environment where an attempt is made to dissuade them from their poor choices and rehabilitation services are always made available, so that it does not reflect your assertion of mass marketing distribution system similar to tobacco and alcohol.
Have you any idea how cheaply those drugs can be produced, there is simply insufficient profit to draw in the number of criminals it currently does (also those criminals have far far less money with which to corrupt the political or legal process) ie. just look at the size of the illegal spirits trade, minuscule. It really is a silly argument, the drug user is either under the influence and content or they are not, stronger just leads to drug overdoses, hence, problem is still solved.
Sure people will still steal, but the size of the problem is hugely reduced as they need to steal a whole lot less and as a significant benefit, those law enforcement resources which are currently wasted on the drug problem can be allocated to the burglary and mugging problem which currently is virtually ignored.
The dangerous and violent criminal element is stripped of it's resources, and becomes a far more manageable problem and can be more effectively targeted with the now freed up law enforcement resources.
Well actually adults should be responsible for their decisions. So if they are foolish enough to take them, then the drugs should be provided cheaply and upon a non profit basis (beyond charging tax specifically for rehabilitation purposes for those who request it), subject to of course those people who are under the influence of their drug of choice do not presenting a significant threat of harm to the general public.
So if the users wish to keep themselves quietly locked away at their own expense, then they should live with the consequences of the choices they make as adults, after all, it really is only a problem for the rest of society because of the high cost of those drugs and the dangerous criminal element associated with distributing those substances, who, in fact have a significant financial interest in making sure those substances remain illegal.
Whilst I am content to pay taxes for the medical treatment of a drug addicts, or to assist in rehabilitation services for them, having to pay the enormous cost of enforcing the illegality of those substances, or imprisoning the addicts, or the crimes that result because of the high cost of those substances and their addictive nature. As far as I am concerned those idiot wowsers are far more of a problem for me than the drug addicts, as the drug addicts are problem, which rather bluntly, eventually solves itself.
I think it has already be mentioned several times, that the automated electronic device owned and operated by the broadband subscriber was configured so that it would explicitly provide permission on behalf of the owner for any member of the public to gain access to the underlying broadband network.
The intent must be to fraudulently misrepresent yourself, either by using a user name password combination that you had not right to use or using other illegal methods to hack into the network.
Perhaps the government/police want a whole lot of unsecured wireless networks avoids that whole pesky warrant thing.
Does having a restricted bandwidth wireless public access to you broadband connection make you an ISP, and force the RIAA et al. to pursue the unknown stranger, whose temporary IP and MAC address you willingly pass onto the RIAA et al.
More accurately google did have a business model at that time, it was selling google stock, and google didn't want the public to see google video losing to youtube, the only reason they bought youtube was because they were not competing effectively for market share and being seen as a loser in the market is not the best way to increase your share price.
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What is amazing when it comes to public funded research is somehow the greedy non-contributing publishers like to put across the message that somehow paying for their profit margins some how costs us less than paying taxes that pays for the original research and yes that is the point of open research to get rid of the wasteful parasites who contribute nothing, and slow down everything whilst they argue over whose is whose and whilst pretending that somehow it costs us nothing. Government funded research has always tended to prove the most beneficial, because they will often produce solutions that whilst generating no profit provide the best product and cure the problem.
They failed because the failed fair use doctrine. Fair use allows you to transfer from the original media to another device or backup but not from that device or backup to anything else, they had simply gone one step to many, it is only fair use from the original media.
Now of course they can try appealing and getting a lawyer and at a minimum force a fair damages claim against actual damages accrued.
The very first thing you do when they pursue you in the initial claim, is backup data that you want to keep, then format and re-install, the is no law that requires you to retain your original HDisk state until such time as they ask for it, then of course it is techinically to late, you are not a company, you are not required to retain HDisk data. If you want to confuse the issue do not forget to change your BIOS data to same random earlier data and then do all the re-installs of programs advancing the date between each install, all your original data which show a random series of other dates.
Each a every case against M$ has forced a modification of behaviour in order to avoid similar litigation. The only time it has really had no genuine effect was in that corrupt change of administration allowed M$ to continue with it monopolistic behaviour forcing the EU to tackle the worst M$ behaviour.
The same old M$ B$ marketing, it is everybody else's fault, the customers, the hardware manufacturers, other software manufacturers, bloody lazy customers who refuse to pay for privilege of beta testing of so called production software.
So that are simply testing you, to see how many customers they can cut off at what down load level, with out other customers walking away.
Over the next few months the level will continually drop the cut off point until they find the point where they loose customers, during this time they are basicaly treating the customers with total contempt. Once the trials are over they will simply institute a cap based up the testing they conducted upon their customers.
Who expects any money as log as the lawyers bleed the company dry and set up precedence for any future law suits, so it does far more than cause a minor insignificance for the company in question.
As a end used a computer that was down for several hours and they might have lost several hundred dollars of production time and spend a couple hundred extra in computer administration time as they try to understand and resolve the problem all because of a $50 (P)OS overloaded with (FU)DRM.
The real reason they install copyright protection with demos, forget the flagrant lies, it is so that they kind hide the installation before you buy the game, so you wont notice that the game you have just bought is damaging your system, because the root kit is already on there. Perhaps you'll even blame the root kit on some other game, or software you happen to install at the same time.
Serious thought has to be given as to whether US corporation should be specifically barred from operating in other countries when the US government considers those companies not bound by the laws of the countries in which they operate.
You have got a real love affair with alcohol. Here are the effects of alcohol http://www.free-online-health.com/alcohol-effects. htm, http://www.rupissed.com/thebody.html, http://en.wikipedia.org/wiki/Effects_of_alcohol_on _the_body quite a bit more than just slowed down reaction times, in fact alcohol makes marijuana and other illegal substances look positively benign in comparison. As for alcohol being somehow a weaker intoxicant the only definer of affect is the quantity taken, and due to alcohols effects it often leads to excessive consumption.
In no country in the world is carte blanche given to agreements between people all those agreements are still bound and limited by the law and there is no country that does not place clearly defined limits on gambling. All financial transaction require the agreement of the countries involved in those transactions, you are in fact not free to remove money from one country and take it to another, you require the consent of both countries to conduct that transaction and that consent can be and in fact has often been withdrawn.
As for contesting the court case, of course they would contest it, it would be arrogantly stupid to not turn up to court, as it would degrade the future value of the court, when the US government wishes to use the court themselves.
Your argument about other goods is of course factitious as those goods have to pass customs and be considered safe prior to being allowed into the country ie. apply the same conditions to the gambling. From my point of view I would ban all gambling unless the odds were equal and in fact all parties involved were gambling equally.
If 'you' read the article you will see it is only the opinion of the journalist, and until the case is actually settled no real conclusions can be drawn, they can only be speculated on. Although of course the copyright is clear cut and controlled by separate treaty, regardless of the assertions in the case.
In turn the US or any other country who gets effected by B$ online gambling cut quite indifferently cut 70,000 people out of trade in either direction with out even noticing.
Whilst the current US administration has pretty well demonstrated it ignorance, greed and corruption, that does not by any stretch of the imagination make every US law wrong, or the country as a whole guilty or the American people deserving of getting ripped off by overseas Internet gambling houses.
So the stakes are really high for the survivability of the WTO and whether that organisation should continue to exist, and whether it should attempt to force it's corporate greed driven will upon any countries internal laws.
All work is put out to tender, many copies of documents to main contractors which in turn gets put out to tender to sub-contractors many more copies. For most new public civil works, all you have to do is log in and you can download a set of documents. Why the hell not, all structural design follows the same basic design rules, having documents on not does not make the slightest bit of difference, it being able to understand the critical components of a structural design, for most competent construction people one look at a structure is all they need, it is just sheer bullshit to claim that structural plans need to be kept secret.
There is only one reason to prevent government employees involved in civil infrastructure from being properly quoted and being readily able to speak to the public about the quality of the public infrastructure, and that is it is being wilfully run down, to promote private infrastructure and tolls on every inch of road on every bridge and on every tunnel, all with bloated margins for greed driven corporations.
Besides what else would you expect from an M$ Windows system, the highest performing feature would be software that kills out of control crashing processes, because you can bet you bottom dollar that that (P)OS will be continually generating out of control crashing processes.
I have employed both windows admins and Linux admins and to be brutally honest the windows admins peformed as poorly as the software they were looking after, perhaps I should't be too harsh on them, after all working with windows is like getting stuck with a handicap.
Even worse consider the irony. The government is imprisoning him at home, and as part of the punishment they are forcing him to use windows, so even the government considers being forced to use M$ windows as the equivalent of being forced to be in prison. You would think M$ would do a port of the software to linux at their own expense just so their (P)OS software would be considered prison grade software and being allowed to switch to Linux is like being freed from prison.
Technically speaking is that nothing simply something that they lack the ability to detect, or is that nothing actually nothing. Matter is energy, and most forms of expressed energy are just energetic particles, so what would be the result of total matter energy conversion where no energetic particles remain ie. total conversion. In fact beyond the matter energy conversion boundary, would any evidence of it be detectable as no energetic particles would radiate out from it, possibly even a null time reaction.
Well, duh, but maybe, just maybe mind you, I'm like, duh, not really sure about this, but just maybe, all the original investor etc. have not sold all their shares yet and are interested in the highest possible share price, and they are all still involved in running the company. Now why would they buy a competing company if their product was better and winning, a charitable purchase perhaps, and what pray tell did google buy youtube with cash, or was it something else, hmm?
So what difference does it make they are either intoxicated on alcohol or on drugs, if they do one they will do they other, just typical faulty BS logic. The reality generally on drugs they will sit in one place and remain their as each type of drug produces it's own type of behaviour. Alcohol case in point, release of inhibitions leading to reckless behaviour and a history of violence.
Actually I don't believe in rah rah politics, show me the policies and show me the track record and I will vote on the day for those whom I believe will best serve society, or endeavour to vote out those who a demonstrated, incompetence, deceit and failed policies. I believe swing voter is the correct term.
So prohibition is completely illegitimate, your premise is your are protecting people by imprisoning them, denying them their rights and turning them into hardened criminals, by creating the situation where as a result of their addictions they will associate with hardened violent offenders, and are creating a situation where funding is provided the growth and increased power of the most hardened and violent elements, which they in turn use the drug money to further corrupt and damage society. What is you goal, the elimination of drug problem by complete destruction of human society.
I see absolutely no dilemma in making adults responsible for their own decision.
As for distribution, obviously all harmful substances should be distributed in a controlled environment where an attempt is made to dissuade them from their poor choices and rehabilitation services are always made available, so that it does not reflect your assertion of mass marketing distribution system similar to tobacco and alcohol.
Sure people will still steal, but the size of the problem is hugely reduced as they need to steal a whole lot less and as a significant benefit, those law enforcement resources which are currently wasted on the drug problem can be allocated to the burglary and mugging problem which currently is virtually ignored.
The dangerous and violent criminal element is stripped of it's resources, and becomes a far more manageable problem and can be more effectively targeted with the now freed up law enforcement resources.
So if the users wish to keep themselves quietly locked away at their own expense, then they should live with the consequences of the choices they make as adults, after all, it really is only a problem for the rest of society because of the high cost of those drugs and the dangerous criminal element associated with distributing those substances, who, in fact have a significant financial interest in making sure those substances remain illegal.
Whilst I am content to pay taxes for the medical treatment of a drug addicts, or to assist in rehabilitation services for them, having to pay the enormous cost of enforcing the illegality of those substances, or imprisoning the addicts, or the crimes that result because of the high cost of those substances and their addictive nature. As far as I am concerned those idiot wowsers are far more of a problem for me than the drug addicts, as the drug addicts are problem, which rather bluntly, eventually solves itself.
The intent must be to fraudulently misrepresent yourself, either by using a user name password combination that you had not right to use or using other illegal methods to hack into the network.
Perhaps the government/police want a whole lot of unsecured wireless networks avoids that whole pesky warrant thing.
Does having a restricted bandwidth wireless public access to you broadband connection make you an ISP, and force the RIAA et al. to pursue the unknown stranger, whose temporary IP and MAC address you willingly pass onto the RIAA et al.
More accurately google did have a business model at that time, it was selling google stock, and google didn't want the public to see google video losing to youtube, the only reason they bought youtube was because they were not competing effectively for market share and being seen as a loser in the market is not the best way to increase your share price.