You made the right move. I am a lawyer and I can tell you his inaccuracies -- both legally and, frankly, logically -- continue well beyond the first argument.
I think you've got the law right, but I don't think that'll help prove fair use here.
Taking an article that is used to generate advertising revenue and reposting it somewhere that the author will not receive any revenue from goes firmly against the "commercial value of the original work" prong of the fair use defense.
Consider the equivalent: let's say I run a "non-profit" website, hypothetically just a blog where I generate no income, and I repeatedly copy articles from behind the NY Times paywall onto my site. That's copyright infringement and is substantially depriving the NY Times of their income for the articles. I believe I would lose a fair use defense there. I think the situation is the same if I copied NY Times articles that were not behind the paywall because they would be able to show that they were losing ad revenue.
There is nothing in copyright law that prevents two people from independently copyrighting ideas they have written down. It doesn't even have to be simultaneous; just independent and without obvious copying or access.
Since he coined it, he's probably pretty accurate. A lot of it generally includes user-generated content and the transition from single publisher sites (NYTimes) to community driven sites (blogs, Yelp!, etc.)
Here's a table he uses to explain the difference:
Web 1.0 -> Web 2.0 DoubleClick -> Google AdSense Ofoto -> Flickr Akamai -> BitTorrent mp3.com -> Napster Britannica Online -> Wikipedia personal websites -> blogging evite -> upcoming.org and EVDB domain name speculation -> search engine optimization page views -> cost per click screen scraping -> web services publishing -> participation content management systems -> wikis directories (taxonomy) -> tagging ("folksonomy") stickiness -> syndication
You'd prefer, perhaps, that Little Rock, Arkansas be a waterfront vista?
In all seriousness, you really must accept the basic fact that our main population centers are along the coasts and waterways of our country, and that there exist several good reasons why this tradition has survived a couple thousand years of city building.
I'm curious, however, where you live that is so free from any sort of natural disadvantages that our tax dollars do not go towards mitigating?
This actually isn't the first time that this has been done. Here in Boston, a company called 5-Wits has put out an interactive physical game that runs very much like a linear puzzle-style video game. It's called Tomb, and involves various manipulations both mental and physical in order to work your way through it. It functions for groups, though, not for individuals; in fact, as far as I can remember, most of the puzzles require at least three people to solve.
Unfortunately, it sucks. It's dreadfully boring and easy, and there are only a few rooms. The puzzles are pretty simple too -- a 5-piece towers of hanoi is actually one of them (yay for MIT graduates designing these things). A lot of effects, which is obviously what draws people, but I can only imagine how much each room cost. Their prices are comparable to the price of a seeing a movie in the theater, but usually the 'game' only lasts about half the time of a movie (about 30-40 minutes).
Last time I checked, Lifetime also conducts studies in order to improve the veracity of their television shows. According to their studies, 90% of married women are beaten by their husbands and 10% of those women kill/brutally maim their husbands and/or steal the children and run away.
Hmmmm.
Why does Lifetime care anyways? All their shows are the same so nobody really bothers recording them.
This sort of technology -- software meant to restrict freedoms -- will simply redirect the time the child wants to spend on the computer playing games into time learning how to break through the software.
He'll learn how weak the Windows operating system is for security, perhaps even take a crack at his parent's passwords.
Obviously, once he grows up and realizes as a twelve year old he could break into Windows, he'll make sure to consistently use a flavor of Linux to protect his interests.
All this because he wasn't playing some mindless point and click shoot-em-up game.
Aren't they supposed to wait until we all buy players and our favorite movies on one of these, invest in furniture that's perfectly fitted only to the specific cases, and generally find ourselves wondering what we ever did before them before they release the next one?
Tried it last night, actually, while I was playing with my desktop.
It's a fun theory tool and shows you exactly what SUN was going for in Project Looking Glass. However, when it comes down to it, it has no current practical application. Windows are stored in the sphere, not used in it, which means that everytime you want to recover an open window, you need to go into sphere mode, look arounnd for the window, find it, and then bring it back to flat mode. It adds a whole extra step to the process, and definitely a lot more time.
I think the best improvement may be interaction with windows inside the sphere, but as the website proclaims, this project is still in Beta.
Slashdot Mirror
Interestingly, this was predicted quite a few years out. I wonder what took so long?
Kucera over at Bloomberg seems to be one of the earliest analysts to identify it back in very early 2012: http://www.bloomberg.com/news/...
Did you read the claims? Because that's what defines the scope of the patent. Not the abstract or title.
What is with that URL? http://blog.netflix.com/2011/05/normal-0-false-false-false-en-us-x-none.html
You made the right move. I am a lawyer and I can tell you his inaccuracies -- both legally and, frankly, logically -- continue well beyond the first argument.
I think you've got the law right, but I don't think that'll help prove fair use here.
Taking an article that is used to generate advertising revenue and reposting it somewhere that the author will not receive any revenue from goes firmly against the "commercial value of the original work" prong of the fair use defense.
Consider the equivalent: let's say I run a "non-profit" website, hypothetically just a blog where I generate no income, and I repeatedly copy articles from behind the NY Times paywall onto my site. That's copyright infringement and is substantially depriving the NY Times of their income for the articles. I believe I would lose a fair use defense there. I think the situation is the same if I copied NY Times articles that were not behind the paywall because they would be able to show that they were losing ad revenue.
There is nothing in copyright law that prevents two people from independently copyrighting ideas they have written down. It doesn't even have to be simultaneous; just independent and without obvious copying or access.
You may be confusing copyright with patent.
It doesn't, because you can AirPlay to any Mac.
A Mac is an additional device. :-)
The OP's priorities seem a little odd.
The big update of iOS 4.x is multitasking. Its far from being a "minor" update.
And since AirPlay requires the purchase of an additional device, I doubt its a high priority to the majority of ipad users.
I probably am just thinking about this too simply, but can't something go faster than the wind if it stores some of that energy and uses it later?
Recommend those curious read O'Reilly's definition here:
http://www.oreillynet.com/pub/a/oreilly/tim/news/2005/09/30/what-is-web-20.html.
Since he coined it, he's probably pretty accurate. A lot of it generally includes user-generated content and the transition from single publisher sites (NYTimes) to community driven sites (blogs, Yelp!, etc.)
Here's a table he uses to explain the difference:
You'd prefer, perhaps, that Little Rock, Arkansas be a waterfront vista?
In all seriousness, you really must accept the basic fact that our main population centers are along the coasts and waterways of our country, and that there exist several good reasons why this tradition has survived a couple thousand years of city building.
I'm curious, however, where you live that is so free from any sort of natural disadvantages that our tax dollars do not go towards mitigating?
This actually isn't the first time that this has been done. Here in Boston, a company called 5-Wits has put out an interactive physical game that runs very much like a linear puzzle-style video game. It's called Tomb, and involves various manipulations both mental and physical in order to work your way through it. It functions for groups, though, not for individuals; in fact, as far as I can remember, most of the puzzles require at least three people to solve.
Unfortunately, it sucks. It's dreadfully boring and easy, and there are only a few rooms. The puzzles are pretty simple too -- a 5-piece towers of hanoi is actually one of them (yay for MIT graduates designing these things). A lot of effects, which is obviously what draws people, but I can only imagine how much each room cost. Their prices are comparable to the price of a seeing a movie in the theater, but usually the 'game' only lasts about half the time of a movie (about 30-40 minutes).
Anyways, for those interested and/or in Beantown:
http://5-wits.com/
Cheers to my roommate for finally getting his turret some accolade!
/., for giving me the weekend off. I won't be doing any coding once this gets popular. ;)
Unfortunately, he had the poor foresight to host it on the main computer science server here.
So, thanks
Last time I checked, Lifetime also conducts studies in order to improve the veracity of their television shows. According to their studies, 90% of married women are beaten by their husbands and 10% of those women kill/brutally maim their husbands and/or steal the children and run away.
Hmmmm.
Why does Lifetime care anyways? All their shows are the same so nobody really bothers recording them.
A more in-depth article on this subject is here: http://www.orlandosentinel.com/orl-asecdrunk010601 05jun01,0,3404397,print.story
- 4035.op.pdf
And the court case that that article references can be found here: http://www.5dca.org/Opinions/Opin2004/022304/5D02
... you think a pound is heavy.
Were any Alias fans (or just Jennifer Garner fans) out there reminded of Rambaldi?
A dictator who has made his domain open-source, thereby giving everybody free reign to change and make distinct copies of it?
Come on.
Most of us should be cheering for this one!
This sort of technology -- software meant to restrict freedoms -- will simply redirect the time the child wants to spend on the computer playing games into time learning how to break through the software.
He'll learn how weak the Windows operating system is for security, perhaps even take a crack at his parent's passwords.
Obviously, once he grows up and realizes as a twelve year old he could break into Windows, he'll make sure to consistently use a flavor of Linux to protect his interests.
All this because he wasn't playing some mindless point and click shoot-em-up game.
Aren't they supposed to wait until we all buy players and our favorite movies on one of these, invest in furniture that's perfectly fitted only to the specific cases, and generally find ourselves wondering what we ever did before them before they release the next one?
sigh. I hope this reads better than the headers and comments I normally struggle through when trying to understand another coder's thoughts.
Is it just me or does the theme music sound very much like the music in Men in Black?
Joby Talbot is clearly stealing from Danny Elfman.
Shooting a professor is funny?
I'm all for jokes, but there's really nothing at all funny about that assasination. Mod that down. Jesus.
http://www.majorgeeks.com/download4222.html
Tried it last night, actually, while I was playing with my desktop.
It's a fun theory tool and shows you exactly what SUN was going for in Project Looking Glass. However, when it comes down to it, it has no current practical application. Windows are stored in the sphere, not used in it, which means that everytime you want to recover an open window, you need to go into sphere mode, look arounnd for the window, find it, and then bring it back to flat mode. It adds a whole extra step to the process, and definitely a lot more time.
I think the best improvement may be interaction with windows inside the sphere, but as the website proclaims, this project is still in Beta.
Best,
- Brandon