Copyright can't stop them, since it is a fact that the answer to question #115 is letter D, and you cannot copyright a fact.
The problem with this reasoning is that these are "invented facts" as opposed to "discovered facts." It's a piddling difference, but "invented facts" are not covered by the 17 U.S.C. 102(b) bar. Check out CASTLE ROCK ENTERTAINMENT, INC. v. CAROL PUBLISHING GROUP, 150 F.3d 132 (2nd Cir. 1998) where a court found copyright infringement in a compilation of trivia about Seinfeld. The argument was made that it was nothing but a compilation of uncopyrightable facts about the series, but the court said that, because the facts were created by the seinfeld writers, they were protected.
Well, excuse me for being a child of the information age. If they have a website that looks like a retail sales website, it must be a retail sales establishment in my book. I just don't make the distinction between bricks-and-mortar==retail and retail-over-the-web!=retail.
Buy a clue, will you. The statistic is for RETAIL DESKTOP PC SALES not retail CPU sales. If you think Dell doesn't sell desktop PCs at retail I want some of whatever you're smoking.
The small entity reduction is for patent fees, and is nothing new. Small entity fees have been half the normal filing fee for quite some time. As for small organizations enforcing their copyrights, that's a good question. Certainly, none of use has the resources that the RIAA does to bring 2500+ lawsuits (without and significant progress on any of them) but, at least for violations hosted by reputable ISPs section 512 should provide some ammo.
Gentoo already has an installer project. It seems to still be in the pretty early design stages, but it's something for the point and click crowd (and it sounds like a decent automation system too).
Yeah, Metallica, Phish, Primus, they've all caught on to the fact that people want high quality lossless audio, which is a good thing. Letting you record for yorself is also a good thing. The more high quality copies of shows that make the rounds the better.
As soon as they'll let me purchase a CD with FLAC audio instead of that MP3 crap, I'll think about it. Until then, me and my D7 have a lot of work to do.
Anyone think it's funny that one of the images touting Linspire as having 25% market share shows four penguins, one of which is falling off a bubble. Seems like 25% is getting ready to take a dive.
The -D flag will upgrade packages that were merged as dependencies of packages you specified and, as such, aren't necessarily in the world file. It can be a pain though if you have a number of ~arch packages installed because of dependency issues unless you change your ACCEPT_KEYWORDS to ~arch, but that would update everything to unstable which probably isn't what you want.
Gentoo has an installer? That's news to me! Seriously, though, Gentoo doesn't really need an installer because part of the point is to build your system from a minimalist base. Sure, some scripts could be hacked out to automate most things like HDD setup and extracting the stage tarballs, but I think that providing an excellent install document (as Gentoo does) that forces users to understand a bit more about what is really going on under the hood saves many times the effort on the backend when something goes wrong because more users will have some clue where to start troubleshooting.
Let's see, I have a license (or two) to use the MS codecs with one machine. I'm using those codecs on one machine for each license I have. More to the point, I have a validly licensed copy of Winblows on each of the machines on which I use mplayer and the MS codecs. Unless MS wants to argue that I can only use the codecs while running Winblows and open up another can of antitrust worms, I don't think I'll be worried any time soon.
But the license is attached to the physical medium you purchased. When you no longer own that piece of plastic you no longer own the license. You have no license to use any other media without an additional purchase.
Although a cunning lawyer may argument that using it could be, since by running a program you are indeed copying it (to memory). But I doubt that'll fly in the real world.
The problem is, this theory already has flown in "the real world." Check out MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993). I happen to think it's a horrendous decision, but it's binding in the 9th Circuit and would probably be pretty persuasive in other circuits if they were looking at this issue since Congress' response to the decision (17 U.S.C. Section 117) only addresses lawfully obtained copies.
IANALBITSCH
Am I the only one who read this as "I ANAL BITCH"?
It does seem like semantics, but it can have important consequences. Your example of the Bill of Rights is very apt. All rights are inherent in all persons and the Bill of Rights only clarifies that the Federal government has no power in these areas. The distinction between fair use as a defense and fair use as noninfringement can similarly have important consequences. What immediately springs to mind is preemption of state law claims. I'm not entirely clear on the intricacies, but I was discussing the issue with a fellow student while he was preparing for the Cardozo/BMI moot court competition and the reasoning behind his argument seemed to be that if fair use was not a defense but simply noninfringement then the Copyright Act would not preempt state contract law claims to the extent that copyright owners attempt to limit fair use by contract. If a copyright owner can limit fair use by EULA then fair use is dead for all intents and purposes.
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The problem with this reasoning is that these are "invented facts" as opposed to "discovered facts." It's a piddling difference, but "invented facts" are not covered by the 17 U.S.C. 102(b) bar. Check out CASTLE ROCK ENTERTAINMENT, INC. v. CAROL PUBLISHING GROUP, 150 F.3d 132 (2nd Cir. 1998) where a court found copyright infringement in a compilation of trivia about Seinfeld. The argument was made that it was nothing but a compilation of uncopyrightable facts about the series, but the court said that, because the facts were created by the seinfeld writers, they were protected.
Well, excuse me for being a child of the information age. If they have a website that looks like a retail sales website, it must be a retail sales establishment in my book. I just don't make the distinction between bricks-and-mortar==retail and retail-over-the-web!=retail.
Buy a clue, will you. The statistic is for RETAIL DESKTOP PC SALES not retail CPU sales. If you think Dell doesn't sell desktop PCs at retail I want some of whatever you're smoking.
The small entity reduction is for patent fees, and is nothing new. Small entity fees have been half the normal filing fee for quite some time. As for small organizations enforcing their copyrights, that's a good question. Certainly, none of use has the resources that the RIAA does to bring 2500+ lawsuits (without and significant progress on any of them) but, at least for violations hosted by reputable ISPs section 512 should provide some ammo.
What I really liked was the reversed timeline. I thought it a very interesting storytelling technique. Irreversible does it the justice it deserve.
Check out the film Irreversible. It will make you "forget" ever thinking Memento was a great movie.
Hmm, Eddie meet Xeon, Xeon, Eddie.
Obviously, you've never understood sarcasm.
Obviously you've never been to a rave.
Would Nintendo know that there was a potential market to be exploited if there weren't ROM sites distributing their old games?
from the truckasaurus-already-taken dept.
Gentoo already has an installer project. It seems to still be in the pretty early design stages, but it's something for the point and click crowd (and it sounds like a decent automation system too).
Yeah, Metallica, Phish, Primus, they've all caught on to the fact that people want high quality lossless audio, which is a good thing. Letting you record for yorself is also a good thing. The more high quality copies of shows that make the rounds the better.
As soon as they'll let me purchase a CD with FLAC audio instead of that MP3 crap, I'll think about it. Until then, me and my D7 have a lot of work to do.
Anyone think it's funny that one of the images touting Linspire as having 25% market share shows four penguins, one of which is falling off a bubble. Seems like 25% is getting ready to take a dive.
The -D flag will upgrade packages that were merged as dependencies of packages you specified and, as such, aren't necessarily in the world file. It can be a pain though if you have a number of ~arch packages installed because of dependency issues unless you change your ACCEPT_KEYWORDS to ~arch, but that would update everything to unstable which probably isn't what you want.
Gentoo has an installer? That's news to me! Seriously, though, Gentoo doesn't really need an installer because part of the point is to build your system from a minimalist base. Sure, some scripts could be hacked out to automate most things like HDD setup and extracting the stage tarballs, but I think that providing an excellent install document (as Gentoo does) that forces users to understand a bit more about what is really going on under the hood saves many times the effort on the backend when something goes wrong because more users will have some clue where to start troubleshooting.
Let's see, I have a license (or two) to use the MS codecs with one machine. I'm using those codecs on one machine for each license I have. More to the point, I have a validly licensed copy of Winblows on each of the machines on which I use mplayer and the MS codecs. Unless MS wants to argue that I can only use the codecs while running Winblows and open up another can of antitrust worms, I don't think I'll be worried any time soon.
But the license is attached to the physical medium you purchased. When you no longer own that piece of plastic you no longer own the license. You have no license to use any other media without an additional purchase.
You insensitive clod! We "Gentoo zealots" are far too busy waiting for glibc to recompile to waste time crapping in /. threads.
The problem is, this theory already has flown in "the real world." Check out MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993). I happen to think it's a horrendous decision, but it's binding in the 9th Circuit and would probably be pretty persuasive in other circuits if they were looking at this issue since Congress' response to the decision (17 U.S.C. Section 117) only addresses lawfully obtained copies.
IANALBITSCH
Am I the only one who read this as "I ANAL BITCH"?
Data is only worth what people are willing to pay for it. If people don't want to pay, it's worthless.
It does seem like semantics, but it can have important consequences. Your example of the Bill of Rights is very apt. All rights are inherent in all persons and the Bill of Rights only clarifies that the Federal government has no power in these areas. The distinction between fair use as a defense and fair use as noninfringement can similarly have important consequences. What immediately springs to mind is preemption of state law claims. I'm not entirely clear on the intricacies, but I was discussing the issue with a fellow student while he was preparing for the Cardozo/BMI moot court competition and the reasoning behind his argument seemed to be that if fair use was not a defense but simply noninfringement then the Copyright Act would not preempt state contract law claims to the extent that copyright owners attempt to limit fair use by contract. If a copyright owner can limit fair use by EULA then fair use is dead for all intents and purposes.
who says you have to use rainwater? Build your house near a stream et, voila, no lack of water.