And as for Linux, I already USE Linux. If I could use it to run all the software I need to run, I'd toss my Windows machine. So far, that's not happening. I don't see it happening any time soon; WINE is never going to take up the slack, so it's all down to the software manufacturers.
I've been pondering this too. My planned solution (unless someone tells me different) is to buy a dual/quad processor, more memory and run my old copy of XP as a virtual machine under Linux. I can't be the only one thinking that way?
Okay, I like Ron Paul. I don't know who he is, so figure he is the candidate most likely to be beaten by the Democrats. As an onlooker Canadian who has seen 7 years of Bush, a dramatic political change is really needed by our friends to the South.
I agree. Matt Mullenweg based on what I read (and I don't use Wordpress or know Matt or anyone else there) was very reasonable, and laid out the reasons for this.
Did the slashdot editor even read this?!
Maybe I missed it, but it struck me that the developer's response was very civil, and well thought out. From the slashdot article you'd think he'd told the whole community to "fork off"?
So - did I miss something, or did everyone else not RTFA?
BS. It's not legal under international law, specifically the Berne Convention. And Sweden is a signatory.
Ohh really?! Even leaving aside the fact that the Pirate Bay only hosts trackers, perhaps you can explain why the Canadians pay a fee on blank media, for copying of music? Let me assure you that downloading music (and even uploading if it is not distribution), are completely and utterly legal in Canada. Perhaps you'd like to check how that is possible when Canada is a signatory to the Berne convention.
Good points; I'd even mod you up, but you're responding to my comment:)
I agree that courts may well allow that these are trade secrets ont he basis that they been released through no fault of their own; however there is a practical limitation to this. The information hasn't just been released locally, or in the United States, but worldwide.
The US courts don't even have jurisdiction in those locales, and if the Court looks at the big picture are they going to want to enforce an impossibility? I'm not even sure what (I'm not from the US, btw) relief they can expect to achieve in getting a claim for trade secret upheld.
With respect, I think Chapter 7 or 11 are extreme given it is early days, and they probably only have limited creditors at this time. No point if you don't owe much money. With a name change, or two, or three, there is a good chance they will go back to doing what they've been doing, albiet with more security.
I note with interest that Sheppard Mullin (generally a good law firm in my experience, irrespective of their current client) are claiming that the items are "trade secrets".
They've lost the argument before they started. The cat was out of the bag, and those emails have been seen and distributed far and wide.
As such, these are no longer "trade secrets" (like the formula to coke). Their only recourse is against the Media-Defender Defenders whoever they may be. Good luck ever finding them, and if they do then what? Odds are that their total net worth is far less than what Media-Defender are paying Sheppard Mullin (they aren't cheap!!):)
"To not admit that Windows and OSX are easier to operate, far more user friendly is just ignorant."
Well, I've only been using Ubuntu (and linux) for a few weeks, but I find it FAR EASIER than XP (I haven't used OXS, or Vista) in most respects. I can look up new software and install at a few clicks. When one beta I installed screwed up, it didn't kill the whole system. It un-installed as easily as it installed.
Most importantly, Ubuntu seems to be have a more intuitive and better organised desktop, was much faster than Windows which seems to get slower and sloooooowwwwer (thought time will tell) and I have to say, a lot easier overall which is surprising given how much more familiar I am with XP. Compatibility is still an issue, but to say Windows is easier? Maybe in some areas, but certainly not from what I've seen so far.
If the computer isn't running, it's awfully hard to Google anything.
I didn't read that the computer wasn't working, and I'm pretty sure he turned it on! Firefox worked for me without the codecs installed, and I could look things up easily using google as soon as I turned on the computer (this is not even a Dell laptop, btw).
Complain to Dell about the Automatix oversight
With respect to Automatix, no one told me about it either (that I recall?) but it was there in the menus easily findable.
As for your point about his article being for "harried businessmen who are thinking, should i jump to this Ubuntu thing my geeks keep telling me about, or wait another six months" I am one of those harried businessmen, and I'm waiting 6 months but not for any of the issues he raises (my geeks can figure out how to play an MP3 without my help!)
Actually, as a recent Ubuntu user Automatix (the software to install programs - right?) should get a huge mention.
I installed a free game (Wesnoth), found and installed a conversion utility to convert mpc to Ogg , and got installed a beta of Gimmie for desktop organisation. I've barely scratched the surface of software available.
If I had to purchase these extras in a Windows environment, that was probably $100. His comments are valid, and maybe I'm a "little more" tech savvy than the average user (ie. I know how to google solutions for things like restricted drivers) but he should clearly mention a key benefit like Automatix.
What's wrong with the RIAA? They don't typically want to pursue litigated cases to begin with, and they are now being hit with allegations that if nothing else, would potentially be a very expensive discovery process for their clients.
Even the smallest discovery (and this is potentially much larger than small) for documents and interrogatories would be expensive in terms of executive time and pulling the information together, whether or not they are right.
Then when you see the gaping holes in the RIAA's legal filings to strike, you almost have to question the competency of their counsel. That or the RIAA is pressing on in spite of legal opinion to the contrary?
This is a losing proposition, even if they are right, and I'd be running to get out of this. So.... why aren't they?
Perhaps you can explain why they aren't using (and I hear dropping) the "made available" argument. I have a selfish interest as the Canada's Parliament keeps suggesting they will pass legislation implementing the "make available" sections of WIPO.
BTW, really, thank you for these articles and posts. I always read NewYorkCountrylawyer posts/articles first!
"Um, bullshit. It takes time to switch, and to find comparable applications. Then you need to figure out if you can even keep things like your documents, your finances, etc. There's also added support costs, in time and / or money."
The items you've listed are all soft costs, outside of "potentially" support
With respect to the "added support costs", I can tell you as a user who had used only Windows until 2 weeks ago (had to do SOMETHING about my wife's machine) and I couldn't believe how:
1) FAST and EASILY Ubuntu installed;
2) the few questions I had (more for my own education) were easily found in Ubuntu support forums; and
3) all the software we needed was either already on the machine, or was quickly downloaded, installed and organized with minimal effort. Even Wine installed in seconds, and was up and running the one windows game I really love (Empire Deluxe Enhanced Edition").
I was TOTALLY blown away. Outside of games, Linux (or at least Ubuntu) is a pretty safe bet for home use.
here in Canada we went after the "Church" itself and they were held to be criminally responsible. As I recall, the "church" had an office within it that was set up to spy on government organizations, but the link above explains.
Actually I had major problems with RT2500 card from Asus - forget even getting to WPA. It could see the networks, but showed them all at zero.
In any event, I then tried Gutsy Tribe 5 and lo and behold it worked! With WPA!! Right out of the box.
They seem to pay attention and fix issues, and as a new Ubuntu user I couldn't be happier playing around and finding new things (though it would have been easier if they'd told me about the "top secret" codec install so I could use things like ohhh.... MP3s. (I thought Rythymbox was a piece of crap until I finally realized what the problem was).
Ubuntu is desktop ready imho and with a little more experimentation/beta (like printing, file compatiability) I'm going to see if IT can't start putting it on desktops at the office.
Re:Wine breaks backward compatibility a lot.
on
Wine 0.9.44 Released
·
· Score: 1
I have a couple of 95 Westwood games that don't run on Windows XP (Monopoly and some C&C versions?), the point being that this may not be a WINE issue, you're seeing.
They may not own the copyrights, but the Plaintiffs certainly own distribution rights, which have lots of value.
I don't think this is a question of not being able to pay however, more a question as to who will pay as they plaintiffs didn't anticipate being bitten, and now they have to fight amongst themselves to determine the allocation of the judgement. That should keep them busy:)
a updated version of the Commodore Vic-20 or the Atari 400/800 systems.
Similar price point, and the market in China is 25 years behind North America,so it makes sense
For downloading of music content, actually, you are perfectly safe in Canada. See below excerpt from the "Copyright Act"
Copying for Private Use
80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of
(a) a musical work embodied in a sound recording,
(b) a performer's performance of a musical work embodied in a sound recording, or
(c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied
onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.
(2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):
(a) selling or renting out, or by way of trade exposing or offering for sale or rental;
(b) distributing, whether or not for the purpose of trade;
(c) communicating to the public by telecommunication; or
(d) performing, or causing to be performed, in public.
Slashdot Mirror
Microsoft can't be sunk by people choosing XP over Vista. Those people are still paying for a Microsoft OS.
Not true. I can buy a new computer and still use my old copy of XP. MS get no more revenue. The End
And as for Linux, I already USE Linux. If I could use it to run all the software I need to run, I'd toss my Windows machine. So far, that's not happening. I don't see it happening any time soon; WINE is never going to take up the slack, so it's all down to the software manufacturers.
I've been pondering this too. My planned solution (unless someone tells me different) is to buy a dual/quad processor, more memory and run my old copy of XP as a virtual machine under Linux. I can't be the only one thinking that way?
Okay, I like Ron Paul. I don't know who he is, so figure he is the candidate most likely to be beaten by the Democrats. As an onlooker Canadian who has seen 7 years of Bush, a dramatic political change is really needed by our friends to the South.
I agree. Matt Mullenweg based on what I read (and I don't use Wordpress or know Matt or anyone else there) was very reasonable, and laid out the reasons for this. Did the slashdot editor even read this?!
Maybe I missed it, but it struck me that the developer's response was very civil, and well thought out. From the slashdot article you'd think he'd told the whole community to "fork off"?
So - did I miss something, or did everyone else not RTFA?
BS. It's not legal under international law, specifically the Berne Convention. And Sweden is a signatory.
Ohh really?! Even leaving aside the fact that the Pirate Bay only hosts trackers, perhaps you can explain why the Canadians pay a fee on blank media, for copying of music? Let me assure you that downloading music (and even uploading if it is not distribution), are completely and utterly legal in Canada. Perhaps you'd like to check how that is possible when Canada is a signatory to the Berne convention.
Okay, the moderator who marked this flamebait must not understand what Strawman refers to. Mod this comment up as insightful and funny!!
But I heard the police stopped a straw man in the airport who was trying to do all of the above.
Ohhh, so well said!In Canada, Walmart is about the only place that asks to see receipts (guess they have to have their greeters doing something.
I've never shown them my receipts and never will, and this case is worth it if only that others know they don't have to. And they SHOULDN'T HAVE TO!!
This isn't snobbish, it's a protection of our rights.
That cogent analysis of the Canadian problem was ... hilarious! :) Thank you!!
Good points; I'd even mod you up, but you're responding to my comment :)
I agree that courts may well allow that these are trade secrets ont he basis that they been released through no fault of their own; however there is a practical limitation to this. The information hasn't just been released locally, or in the United States, but worldwide.
The US courts don't even have jurisdiction in those locales, and if the Court looks at the big picture are they going to want to enforce an impossibility? I'm not even sure what (I'm not from the US, btw) relief they can expect to achieve in getting a claim for trade secret upheld.
With respect, I think Chapter 7 or 11 are extreme given it is early days, and they probably only have limited creditors at this time. No point if you don't owe much money. With a name change, or two, or three, there is a good chance they will go back to doing what they've been doing, albiet with more security.
I note with interest that Sheppard Mullin (generally a good law firm in my experience, irrespective of their current client) are claiming that the items are "trade secrets". They've lost the argument before they started. The cat was out of the bag, and those emails have been seen and distributed far and wide. As such, these are no longer "trade secrets" (like the formula to coke). Their only recourse is against the Media-Defender Defenders whoever they may be. Good luck ever finding them, and if they do then what? Odds are that their total net worth is far less than what Media-Defender are paying Sheppard Mullin (they aren't cheap!!) :)
"To not admit that Windows and OSX are easier to operate, far more user friendly is just ignorant."
Well, I've only been using Ubuntu (and linux) for a few weeks, but I find it FAR EASIER than XP (I haven't used OXS, or Vista) in most respects. I can look up new software and install at a few clicks. When one beta I installed screwed up, it didn't kill the whole system. It un-installed as easily as it installed.
Most importantly, Ubuntu seems to be have a more intuitive and better organised desktop, was much faster than Windows which seems to get slower and sloooooowwwwer (thought time will tell) and I have to say, a lot easier overall which is surprising given how much more familiar I am with XP. Compatibility is still an issue, but to say Windows is easier? Maybe in some areas, but certainly not from what I've seen so far.
I didn't read that the computer wasn't working, and I'm pretty sure he turned it on! Firefox worked for me without the codecs installed, and I could look things up easily using google as soon as I turned on the computer (this is not even a Dell laptop, btw).
Complain to Dell about the Automatix oversight
With respect to Automatix, no one told me about it either (that I recall?) but it was there in the menus easily findable.
As for your point about his article being for "harried businessmen who are thinking, should i jump to this Ubuntu thing my geeks keep telling me about, or wait another six months" I am one of those harried businessmen, and I'm waiting 6 months but not for any of the issues he raises (my geeks can figure out how to play an MP3 without my help!)
Actually, as a recent Ubuntu user Automatix (the software to install programs - right?) should get a huge mention. I installed a free game (Wesnoth), found and installed a conversion utility to convert mpc to Ogg , and got installed a beta of Gimmie for desktop organisation. I've barely scratched the surface of software available. If I had to purchase these extras in a Windows environment, that was probably $100. His comments are valid, and maybe I'm a "little more" tech savvy than the average user (ie. I know how to google solutions for things like restricted drivers) but he should clearly mention a key benefit like Automatix.
What's wrong with the RIAA? They don't typically want to pursue litigated cases to begin with, and they are now being hit with allegations that if nothing else, would potentially be a very expensive discovery process for their clients. Even the smallest discovery (and this is potentially much larger than small) for documents and interrogatories would be expensive in terms of executive time and pulling the information together, whether or not they are right. Then when you see the gaping holes in the RIAA's legal filings to strike, you almost have to question the competency of their counsel. That or the RIAA is pressing on in spite of legal opinion to the contrary? This is a losing proposition, even if they are right, and I'd be running to get out of this. So .... why aren't they?
Perhaps you can explain why they aren't using (and I hear dropping) the "made available" argument. I have a selfish interest as the Canada's Parliament keeps suggesting they will pass legislation implementing the "make available" sections of WIPO. BTW, really, thank you for these articles and posts. I always read NewYorkCountrylawyer posts/articles first!
"Um, bullshit. It takes time to switch, and to find comparable applications. Then you need to figure out if you can even keep things like your documents, your finances, etc. There's also added support costs, in time and / or money."
The items you've listed are all soft costs, outside of "potentially" support
With respect to the "added support costs", I can tell you as a user who had used only Windows until 2 weeks ago (had to do SOMETHING about my wife's machine) and I couldn't believe how:
1) FAST and EASILY Ubuntu installed;
2) the few questions I had (more for my own education) were easily found in Ubuntu support forums; and
3) all the software we needed was either already on the machine, or was quickly downloaded, installed and organized with minimal effort. Even Wine installed in seconds, and was up and running the one windows game I really love (Empire Deluxe Enhanced Edition").
I was TOTALLY blown away. Outside of games, Linux (or at least Ubuntu) is a pretty safe bet for home use.
here in Canada we went after the "Church" itself and they were held to be criminally responsible. As I recall, the "church" had an office within it that was set up to spy on government organizations, but the link above explains.
Actually I had major problems with RT2500 card from Asus - forget even getting to WPA. It could see the networks, but showed them all at zero.
.... MP3s. (I thought Rythymbox was a piece of crap until I finally realized what the problem was).
In any event, I then tried Gutsy Tribe 5 and lo and behold it worked! With WPA!! Right out of the box.
They seem to pay attention and fix issues, and as a new Ubuntu user I couldn't be happier playing around and finding new things (though it would have been easier if they'd told me about the "top secret" codec install so I could use things like ohhh
Ubuntu is desktop ready imho and with a little more experimentation/beta (like printing, file compatiability) I'm going to see if IT can't start putting it on desktops at the office.
I have a couple of 95 Westwood games that don't run on Windows XP (Monopoly and some C&C versions?), the point being that this may not be a WINE issue, you're seeing.
... put their executives in jail. I wouldn't stand by and acquiesce to illegal activities, why should they be allowed to, irrespective of who asked?
They may not own the copyrights, but the Plaintiffs certainly own distribution rights, which have lots of value.
:)
I don't think this is a question of not being able to pay however, more a question as to who will pay as they plaintiffs didn't anticipate being bitten, and now they have to fight amongst themselves to determine the allocation of the judgement. That should keep them busy
a updated version of the Commodore Vic-20 or the Atari 400/800 systems. Similar price point, and the market in China is 25 years behind North America,so it makes sense
For downloading of music content, actually, you are perfectly safe in Canada. See below excerpt from the "Copyright Act"
Copying for Private Use
80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of
(a) a musical work embodied in a sound recording,
(b) a performer's performance of a musical work embodied in a sound recording, or
(c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied
onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.
(2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):
(a) selling or renting out, or by way of trade exposing or offering for sale or rental;
(b) distributing, whether or not for the purpose of trade;
(c) communicating to the public by telecommunication; or
(d) performing, or causing to be performed, in public.