Come on, he's going to successfully sue the school for millions of dollars, and if he isn't a complete moron, have enough to retire, due to the "mental anguish", "peer damage", "Slander", "Libel", etc. The compensatory damages alone should be close to a million for all the therapy he's going to claim he needs. The punitive.... should be massive.
Of course, he'll settle out of court for some pittance, because he isn't going to get a great lawyer, just some guy who isn't sure he can convince a judge or jury.
Correct me if I'm wrong, but wouldn't a NSL require immediate takedown? Or at least the removal of a specific page. It seems like a webhost would be in legal jeopardy if they received a NSL and didn't act within a very short period of time.
Last year, PAX was so full most of the time that, walking was almost impossible. It'll probably be the same way this year, just with more stuff to stare at;)
Actually, they get there numbers from copyright law. The maximum amount they can seek per count, is $150k. The minimum is what they generally sue people in the US for (note, People, not corporations), that's $750. One of the reasons you sue a corporation for the maximum amount, is because judges and juries generally grant awards several times smaller than what is asked for. However, judges cannot grant more then they're asked.
Now, personally I think the RIAA is absurd, they're legal actions are asinine and that someone needs to drag them out of whatever caves they're hiding in and show them that it's the 21st century... but I think first they need to realize that there former business model is no longer successful and that legal and social tactics that have worked for generations are no longer effective thanks to the incredible changes that have been wrought in global communication.
One thing I have to disagree with... I built my pc for 1200 dollars, Dell wanted 2500 for it, cyber power inc wanted 2000.
If you shop around (i.e. you don't go into Best Buy and buy it all at once) you can get most parts at a very high discount.
You mean he should be fired for being misquoted? Or are you insinuating that his mention that "the sample size is too small to draw conclusions" doesn't count?
Well, you have half of an idea. I don't see any transition from colonial governments to conscription however. Requiring local defense is not equal to invading foreign bodies.
Disagree. You're allowed to carry it as long as it isn't concealed. If it's strapped on your back you might get some weird looks, but as long as it's within a sheath, you're in the clear. The only thing anyone wearing a sword would have to be concerned about is an overzealous cop/security guard.
Now if you were to draw the sword... that's another story altogether
That isn't at all what even the Summary said. The judge basically said that there may be merit to the defendants claim that damages of $750 dollars per song violates Due Process.
I highly doubt it will end the lawsuits, however it may keep the RIAA from suing file shares with fewer than say... 5000 songs. That's about $3500 at 70 cents a song.
Honestly. Anyone who pays $700 for a Wii Console, needs to learn some self-control. Chances are Extremely slim that there will be any kind of shortage on the Wii. 2 million consoles at launch. 7-9 million by the end of the year. Chances are if you can't get one on the launch day, 2 weeks later (long before christmas) you'll have a Wii.
The really sad part of that is, the VGcats strip doesn't take into account that Sony is losing massive amounts of money on each sale. So 1 unit for 600 dollars, with a 200 dollar loss, versus 10 units for 250 dollars with 50 dollars profit per unit. (Sorry, numeric values are just guesses)
If you RTFA "I received a couple of emails from YouTube this afternoon (see below) notifying me that a third party (probably attorneys for Comedy Central) had made a DMCA request to take down Colbert Report and Daily Show clips.". There is no mention whatsoever of a lawsuit.
Well, assuming his knowledge of gaming is comparable to what it seems to be... he probably can't tell the difference between user-created content and official avatars.
However, being a public parody would not protect "Mortal Kombat" if they used his image. Mortal Kombat is a for profit game, not intended as a parody. For-Profit parodies are in a very murky legal area. On the other hand, a game site using his "avatar" as a joke would be perfectly in the clear (well, assuming decent lawyers were involved).
First of all... sorry about the horrible formatting, I always forget to use html tags
Could you link to a pdf of the ruling? I've been unable to find it online. None of the articles mentioned used the term derivative either, so I am curious to read the judges ruling.
My comment that it would be 100% legal... yeah, I was in the wrong. I shouldn't have used the term legal, and I should have made clear that I meant a not-for profit service... which would only make them much safer from lawsuits, nonetheless, not safe from.
"No, not in any way. It would have to be in certain specific ways." Mind giving me a general idea about what those ways are, so I can learn them;)
"There are no licenses involved in this case at all. When an ordinary customer buys a DVD at the Best Buy, he buys it. There is no license."
This I completely disagree with, when you buy most items (specifically, but not exclusively, copyrighted items), by opening/buying/using you agree to the license contained within. If you'd prefer to call that EULA you see a contract, that's fine.
I think the point that the vast majority of people are missing, is that at it's essence, this third party company is creating a derivative work For Profit. If this was a non-profit group, such as a church this would be 100% legal. However, editing a work in any way makes the current iteration of the production a Derivative and that changes the copyright statutes and precedents that apply to this.
Think about it this way, what's the fundamental difference between removing scenes from a movie and adding them? With the latter, you have the possibility of a satire, or parody, yet even with that you do not have the right to use more then a few minutes of the original, if any at all, even in a not-for profit production.
The issue would be different if, the defendant were to take the dvd that had been purchased by a consumer and edit that specific dvd, yet the simple action of buying (or acquiring through other means... specifically former trade-ins), involves a transfer of licenses, not just a service. In affect, the trade-in is actually a new purchase (the cost being your old dvd and the money), which is where the illegality comes into play.
I'd agree with you, if you hadn't forgotten one little fact. It was a Free wireless access point. Usage of which did not require a purchase. If they had required a purchase of coffee, or some other nominal fee it would be one thing, but according to the article, they did neither.
No, I have to disagree with your analogy. What he's actually doing is going to Home Depot, going into the stock area, taking an item with a non-finalized price and claiming that there refusal to sell it to him is in breach of local(federal/state) statutes.
Dude, where's your brain? Programming hasn't gotten any harder. Yes, there are more complicated languages. Yes, building a basic program takes more work, BUT and this is a big But, how many thousands of kids learned to program through MUDs? Those are generally written in C, which is not the world's easiest language to learn. I cut my teeth on coding when I was 12, and I've learnt a lot since then. Visual Basic is an, alright programming language. Not incredibily efficient, and in some ways downright inane. VB does make a good first programming language, however it isn't necessary.
My school required me to learn VB 6.0 as a comp sci 101 class, followed by C++ and Java. It was helpful, it made some concepts clearer to me, but was it necessary? No, and if it wasn't necessary, why would a geek learn it? Why would someone waste there time learning a language they they'll quite probably never use again (unless they use VB.net as a stepping stone for VC++)?
The thing though is, if child porn is indeed becoming more graphic, violent, and subversive (I'm not sure how it could involve younger kids... unless they really are talking about zygotes), shouldn't there have been significantly increased rates of child sexual abuse reported? Wouldn't everyone remember some kid on the news who was rescued after being in a pornographic video at the age of 6? Or do they censor the kids faces, so that they have some privacy after being abused in these videos?
I call Shenanigans on "Mr" Gonzales as I'm sure almost everyone on here does.
Ebert is great at reviewing from an artistic perspective (although slightly narrow-minded and elitist), but I truly dislike his complete lack of commentary on emotion.
Silent hill is intended to be a horror movie. Yes, it was horrible (his opinion... I haven't seen it), but did it scare you? Was it a true horror flick, or as the trend has become in recent years, just a bloody mess, filled with gore, more gore and naked women. I understand that it was a confused mess of plot, filler and characterization, but could you suspend your disbelief?
Slashdot Mirror
Come on, he's going to successfully sue the school for millions of dollars, and if he isn't a complete moron, have enough to retire, due to the "mental anguish", "peer damage", "Slander", "Libel", etc. The compensatory damages alone should be close to a million for all the therapy he's going to claim he needs. The punitive.... should be massive. Of course, he'll settle out of court for some pittance, because he isn't going to get a great lawyer, just some guy who isn't sure he can convince a judge or jury.
Nope, RSS is down. Are you referring to the recent blog post apologizing, or did the RSS actually mention something else?
Correct me if I'm wrong, but wouldn't a NSL require immediate takedown? Or at least the removal of a specific page. It seems like a webhost would be in legal jeopardy if they received a NSL and didn't act within a very short period of time.
I laughed, and then I realized that this joke will probably appear in one form or another, at least 5x in this thread :(
Last year, PAX was so full most of the time that, walking was almost impossible. It'll probably be the same way this year, just with more stuff to stare at ;)
Holy crap, no laws?!? WTB organs, PST. Leaving for Russia as soon as the organs arrive.
Actually, they get there numbers from copyright law. The maximum amount they can seek per count, is $150k. The minimum is what they generally sue people in the US for (note, People, not corporations), that's $750. One of the reasons you sue a corporation for the maximum amount, is because judges and juries generally grant awards several times smaller than what is asked for. However, judges cannot grant more then they're asked.
Now, personally I think the RIAA is absurd, they're legal actions are asinine and that someone needs to drag them out of whatever caves they're hiding in and show them that it's the 21st century... but I think first they need to realize that there former business model is no longer successful and that legal and social tactics that have worked for generations are no longer effective thanks to the incredible changes that have been wrought in global communication.
Would it be far too geeky of me to point out that their are no freshman? Only 1st years (11 year olds)? ;)
One thing I have to disagree with... I built my pc for 1200 dollars, Dell wanted 2500 for it, cyber power inc wanted 2000. If you shop around (i.e. you don't go into Best Buy and buy it all at once) you can get most parts at a very high discount.
You mean he should be fired for being misquoted? Or are you insinuating that his mention that "the sample size is too small to draw conclusions" doesn't count?
Well, you have half of an idea. I don't see any transition from colonial governments to conscription however. Requiring local defense is not equal to invading foreign bodies.
Disagree. You're allowed to carry it as long as it isn't concealed. If it's strapped on your back you might get some weird looks, but as long as it's within a sheath, you're in the clear. The only thing anyone wearing a sword would have to be concerned about is an overzealous cop/security guard. Now if you were to draw the sword... that's another story altogether
I highly doubt it will end the lawsuits, however it may keep the RIAA from suing file shares with fewer than say... 5000 songs. That's about $3500 at 70 cents a song.
Honestly. Anyone who pays $700 for a Wii Console, needs to learn some self-control. Chances are Extremely slim that there will be any kind of shortage on the Wii. 2 million consoles at launch. 7-9 million by the end of the year. Chances are if you can't get one on the launch day, 2 weeks later (long before christmas) you'll have a Wii.
The really sad part of that is, the VGcats strip doesn't take into account that Sony is losing massive amounts of money on each sale. So 1 unit for 600 dollars, with a 200 dollar loss, versus 10 units for 250 dollars with 50 dollars profit per unit. (Sorry, numeric values are just guesses)
need I say more then RTFA? Someone at WIRED, got an up and coming web designer to rate /. you pompous twit ;) This design is older then that individual.
If you RTFA "I received a couple of emails from YouTube this afternoon (see below) notifying me that a third party (probably attorneys for Comedy Central) had made a DMCA request to take down Colbert Report and Daily Show clips.". There is no mention whatsoever of a lawsuit.
Well, assuming his knowledge of gaming is comparable to what it seems to be... he probably can't tell the difference between user-created content and official avatars.
However, being a public parody would not protect "Mortal Kombat" if they used his image. Mortal Kombat is a for profit game, not intended as a parody. For-Profit parodies are in a very murky legal area. On the other hand, a game site using his "avatar" as a joke would be perfectly in the clear (well, assuming decent lawyers were involved).
First of all... sorry about the horrible formatting, I always forget to use html tags
;)
Could you link to a pdf of the ruling? I've been unable to find it online. None of the articles mentioned used the term derivative either, so I am curious to read the judges ruling.
My comment that it would be 100% legal... yeah, I was in the wrong. I shouldn't have used the term legal, and I should have made clear that I meant a not-for profit service... which would only make them much safer from lawsuits, nonetheless, not safe from.
"No, not in any way. It would have to be in certain specific ways." Mind giving me a general idea about what those ways are, so I can learn them
"There are no licenses involved in this case at all. When an ordinary customer buys a DVD at the Best Buy, he buys it. There is no license."
This I completely disagree with, when you buy most items (specifically, but not exclusively, copyrighted items), by opening/buying/using you agree to the license contained within. If you'd prefer to call that EULA you see a contract, that's fine.
I think the point that the vast majority of people are missing, is that at it's essence, this third party company is creating a derivative work For Profit. If this was a non-profit group, such as a church this would be 100% legal. However, editing a work in any way makes the current iteration of the production a Derivative and that changes the copyright statutes and precedents that apply to this. Think about it this way, what's the fundamental difference between removing scenes from a movie and adding them? With the latter, you have the possibility of a satire, or parody, yet even with that you do not have the right to use more then a few minutes of the original, if any at all, even in a not-for profit production. The issue would be different if, the defendant were to take the dvd that had been purchased by a consumer and edit that specific dvd, yet the simple action of buying (or acquiring through other means... specifically former trade-ins), involves a transfer of licenses, not just a service. In affect, the trade-in is actually a new purchase (the cost being your old dvd and the money), which is where the illegality comes into play.
I'd agree with you, if you hadn't forgotten one little fact. It was a Free wireless access point. Usage of which did not require a purchase. If they had required a purchase of coffee, or some other nominal fee it would be one thing, but according to the article, they did neither.
No, I have to disagree with your analogy. What he's actually doing is going to Home Depot, going into the stock area, taking an item with a non-finalized price and claiming that there refusal to sell it to him is in breach of local(federal/state) statutes.
Dude, where's your brain? Programming hasn't gotten any harder. Yes, there are more complicated languages. Yes, building a basic program takes more work, BUT and this is a big But, how many thousands of kids learned to program through MUDs? Those are generally written in C, which is not the world's easiest language to learn. I cut my teeth on coding when I was 12, and I've learnt a lot since then. Visual Basic is an, alright programming language. Not incredibily efficient, and in some ways downright inane. VB does make a good first programming language, however it isn't necessary. My school required me to learn VB 6.0 as a comp sci 101 class, followed by C++ and Java. It was helpful, it made some concepts clearer to me, but was it necessary? No, and if it wasn't necessary, why would a geek learn it? Why would someone waste there time learning a language they they'll quite probably never use again (unless they use VB.net as a stepping stone for VC++)?
The thing though is, if child porn is indeed becoming more graphic, violent, and subversive (I'm not sure how it could involve younger kids... unless they really are talking about zygotes), shouldn't there have been significantly increased rates of child sexual abuse reported? Wouldn't everyone remember some kid on the news who was rescued after being in a pornographic video at the age of 6? Or do they censor the kids faces, so that they have some privacy after being abused in these videos? I call Shenanigans on "Mr" Gonzales as I'm sure almost everyone on here does.
Ebert is great at reviewing from an artistic perspective (although slightly narrow-minded and elitist), but I truly dislike his complete lack of commentary on emotion. Silent hill is intended to be a horror movie. Yes, it was horrible (his opinion... I haven't seen it), but did it scare you? Was it a true horror flick, or as the trend has become in recent years, just a bloody mess, filled with gore, more gore and naked women. I understand that it was a confused mess of plot, filler and characterization, but could you suspend your disbelief?