Are you actually arguing that a service provider needs the permission of the person uploading a file to copy that file onto their disk? Don't you think that maybe the act of actually sending them the file implies that you're granting them a right (assuming you have the right to do so) to receive it? Are you really that dumb?
No, I think you've missed the point entirely...
Let's say I write and master a song, and then share it with the world at large under the CC license.
Now let's say someone has that song in their library. So, they fire up their jukebox software, which happens to use GraceNote to ID songs. They run a scan on their entire library, and 20 seconds of the song gets sent off to GraceNote to compare it to their database.
Gracenote is a for-profit company using a proprietary system to ID songs. They charge their customers (not usually the end user, but the companies that integrate their system) for access to that database, and don't provide unobfuscated access to that information. If GraceNote actually stores the 20 seconds of that CC song that has been sent to them, this could be construed to be copyright infringement, as the use of that song goes against the CC license agreement.
However, copyright is not carte blanche one way or the other. It could be argued that 20 seconds of a song used for reference purposes does not infringe copyright; nobody gets to hear those 20 seconds, and it is not enough of a sample of the song to argue that a person has copied a sizeable portion of the song for infringing use (unless the song is under a minute long). So, even though the CC license becomes void due to how GraceNote is using the data, copyright law itself allows for such quoting of original material. This means that in most cases, what GraceNote does is perfectly legal.
However, keeping a complete database of song lyrics and album art requires permission of the composer or artist who created the work in the first place. If they put THIS information in their database for a CC work, they would indeed be breaking copyright law as well as the CC license.
Wow... and this comment posted only a week or so after an article on Slashdot reported that Apple has seen a marketshare increase yet again, to something like 4.6%.
I know... I shouldn't feed trolls.... Maybe I should have taken offense at the insinuation that all GNU freaks have beards (including the women) instead....
I'm really thinking that armed insurrection is going to be coming soon to the U.S....
I doubt it... anyone who started organizing such a thing would be labeled an enemy combatant and disappeared. For this sort of mess, you're going to need some outside country to liberate you and bring democracy to your suffering land.
The prosecutors would never file a criminal case, because it would be quickly thrown out on First Amendment grounds? Wouldn't it?
Well, look at it like this: because he published this, he is both an enemy combatant and a terrorist. Therefore, he has no habeas corpus protection. Therefore, they can just come around, pick him up, and toss him in some cell somewhere, and never have to tell anyone.
Thanks for the clarification:)
I figured it wouldn't be applied in-country, as that would be illegal. From some of the other posts in the thread, it looks like the justice system might have agreed.
What part of "this is not informative" didn't some mod get? I made all that up on the fly, so unless you consider my imagination to be better informed than actual studies, I think that was a wee bit irresponsible.
Personally, with the publicity the **AA has got with their lawsuits, I can't see how anyone could be stupid enough to admit to downloading anything for any sort of survey or poll. First off, you don't really know who is funding the survey, and second, you don't know if that information will leak. And if the survey is truely anonymous, then only those people who have some interest in fixing the results would be interested in participating.
A Recent survey of Canadians showed that Canadians are 75% more likely to lie on an over-the-phone survey than they were 10 years ago. Studies suggest that this has to do with the common practice of entering bogus information online to protect personal privacy.
And before anyone moderates this informative, it was meant to be either funny or thought provoking:P
The reason people object to calling it a "blank media tax" is not so much that it's a levy and not a sales tax, but because "blank media tax" makes it sound like all blank media is taxed. Levies are imposed on goods imported from other countries -- therefore, if someone decided to make blank media inside the country, it would be exempt from the levy.
In short, people object to calling it a tax because in common parlance, such a statement would be just as misleading as calling copyright infringement theft.
His business plan is to do business the Costco way, using a cooperative to get products to sell in bulk at low rates. The twist is that said products would actually be Open Source products that some members of the co-op (among others) would be helping to develop... therefore meaning that whatever the members demand will be provided (there is monetary incentive to make the changes and bugfixes). He also appears to be allowing outsiders to purchase the products.
Personally, I think for such a co-op to really work, they need to open up membership to more people, but sell only to members -- and they need to diversify their offerings.
Maybe a better route would be to become a section of Costco itself, and sell boxed OSS products in their stores?
I had someone explain to me once why an American Sony boycott wouldn't work:
Sony already makes most of their money in Asia. If the *Japanese* boycotted Sony en masse, you'd see the company making some changes. The US market for Sony comes after the Asian and European markets -- it's a dumping market, really; just like US products get dumped in other parts of the world.
The problem isn't the "not breaking the law", but the brainwashing that breaking one corporate statute is identical to committing a number of other more serious social crimes. It would be similar to getting a badge for making public service announcements about how driving above the speed limit is an act of murder. Sure, there is some correlation, but the two things are not the same. The **AA want their own twisted version of reality to become the de-facto standard -- kind of like SCO in their "Copyright" case. Sure, wilfully infringing other people's copyright is wrong in our current legal climate, but I'm sure you do it all the time. Case in point: have you ever sung a song without paying ASCAP? Have you ever cooked something without paying royalties to the person who invented the recipe? Have you ever used a photocopier without getting permission from the original rights holder? Have you ever circulated something you got off the internet without permission? Have you ever written something without citing sources of all non-original thought? Have you ever driven over the speed limit? Have you ever stolen other people's posessions by use of force on the high seas? Have you ever willfully killed another human being? Have you ever lied about where you found out about any piece of information, or misrepresented said information? Especially to someone who legally had the right to know the truth? Have you ever bypassed some sort of physical barrier to entry without authorization? Have you ever done the same with intellectual property?
Sorry, but equating the parent's indignation with being in the mob is similar to equating your indignation with being fascist -- it ain't necessarily so; there's a lot of middle ground, no matter where a persons' ideology lines up with the various laws of the land.
Piracy is wrong, and should be stamped out.
Property theft is wrong, and should be punished.
Copyright infringement is often immoral and illegal, sometimes not both at the same time. It should be avoided whenever possible, and forgiven when it takes place without intent to harm.
Maybe what we need is more balance in the punishment: for every bit of intellectual property someone publishes that doesn't belong to them, the victim is allowed to publish a piece of the infringer's IP. Sure, some might say "hey... I might as well... I've got nothing to steal," but when that bit of info is their credit card number, or even an embarassing chat log, they might decide to reconsider.
You say this like I'm whining about them, and patronizing a vendor who treats me like crap:)
I have no problem with vendors trying to implement such things. I also don't buy hardware or software with these "features" added; at least not until someone's already found a solution to the "features".
Lately I've been getting a lot of recorded "You have just been selected to win a chance to buy a new yacht!" type messages. Since I'm on the DNC list, these are highly illegal, but there's no way for me to provide any feedback to the campanies doing this, and I can't be bothered to report them (yet). So, I'd say your Future is Now.
Then again, the article is actually about telephone service centres, not telemarketing... and I like the companies that have implemented these systems, since I just have to sound on the verge of boiling over and I get transferred to a live operator.
Well, I've never written a term paper on a computer that flashes up a blue screen of death:) It probably also helps that command-s-return has been my "new paragraph" key sequence for as long as I've been writing papers on hardware that supports that:)
This automatically shuts out home-brew developments, mod chips and all that.
Sounds good to me. No one needs all that crap. If they wanted it, they wouldn't be buying an Xbox from Microsoft.
You want to home-brew your own games, get a PC.
No, YOU want to homebrew your own games, YOU get a PC.
The console market is (was) great for homebrew, because you could write software that was designed for very specific, well-documented (relatively inexpensive) hardware. Sure, a lot of the homebrew stuff for consoles isn't very good, but there are some real gems -- look at what people have done on the original XBox for examples.
If the iPod mounts as a disk, Windows has this annoying DEFAULT habit of auto executing files that are flagged for auto execution. If this virus does such a thing, the simple act of mounting the iPod is enough to infect the host.
I think you missed the point... "Flate" is just Adobe's way of saying the following binary stream is compressed with the info-zip "flate" compression algorithm -- what most people know of as "zip" compression. The GP was saying it'd be funny if the library Acrobat Reader used to deflate flated content happened to be the common open source one.
Remember that PDF is a container format, sort of like MOV, MPEG, AVI, etc. If MS is making a replacement for this, it says nothing about the elements contained inside their container format -- most likely, it will only support elements that just so happen to be created by MS software. MS has noting to fear from making the spec freely available; it is solely a platform on which they can promote their proprietary file formats. Expect DRM to play an important role in XPS.
As much as I agree that marriage takes continual work I have to disagree on the idea that people wake up one day and no longer love each other.
I think you must have misread my rant. I was disagreeing with the parent who said that people could wake up one day and no longer love each other, and go their seperate ways. I don't see how you think my software analogy is twisted, as you're arguing the exact same thing using it as I am... that marriage takes work, and problems need to be fixed, not ignored.
Again, I'm wondering why you are saying you disagree with my argument, but then go on to say the exact same things I did, using my analogies.
Anyway, congrats on 10 years of marriage, and on learning from mistakes!
Let's say I write and master a song, and then share it with the world at large under the CC license.
Now let's say someone has that song in their library. So, they fire up their jukebox software, which happens to use GraceNote to ID songs. They run a scan on their entire library, and 20 seconds of the song gets sent off to GraceNote to compare it to their database.
Gracenote is a for-profit company using a proprietary system to ID songs. They charge their customers (not usually the end user, but the companies that integrate their system) for access to that database, and don't provide unobfuscated access to that information. If GraceNote actually stores the 20 seconds of that CC song that has been sent to them, this could be construed to be copyright infringement, as the use of that song goes against the CC license agreement.
However, copyright is not carte blanche one way or the other. It could be argued that 20 seconds of a song used for reference purposes does not infringe copyright; nobody gets to hear those 20 seconds, and it is not enough of a sample of the song to argue that a person has copied a sizeable portion of the song for infringing use (unless the song is under a minute long). So, even though the CC license becomes void due to how GraceNote is using the data, copyright law itself allows for such quoting of original material. This means that in most cases, what GraceNote does is perfectly legal.
However, keeping a complete database of song lyrics and album art requires permission of the composer or artist who created the work in the first place. If they put THIS information in their database for a CC work, they would indeed be breaking copyright law as well as the CC license.
I know... I shouldn't feed trolls.... Maybe I should have taken offense at the insinuation that all GNU freaks have beards (including the women) instead....
I take issue with your comment.
The correct spelling is either tuques toques.
Thanks for the clarification :)
I figured it wouldn't be applied in-country, as that would be illegal. From some of the other posts in the thread, it looks like the justice system might have agreed.
What part of "this is not informative" didn't some mod get? I made all that up on the fly, so unless you consider my imagination to be better informed than actual studies, I think that was a wee bit irresponsible.
Personally, with the publicity the **AA has got with their lawsuits, I can't see how anyone could be stupid enough to admit to downloading anything for any sort of survey or poll. First off, you don't really know who is funding the survey, and second, you don't know if that information will leak. And if the survey is truely anonymous, then only those people who have some interest in fixing the results would be interested in participating.
A Recent survey of Canadians showed that Canadians are 75% more likely to lie on an over-the-phone survey than they were 10 years ago. Studies suggest that this has to do with the common practice of entering bogus information online to protect personal privacy.
And before anyone moderates this informative, it was meant to be either funny or thought provoking :P
In short, people object to calling it a tax because in common parlance, such a statement would be just as misleading as calling copyright infringement theft.
Costco
His business plan is to do business the Costco way, using a cooperative to get products to sell in bulk at low rates. The twist is that said products would actually be Open Source products that some members of the co-op (among others) would be helping to develop... therefore meaning that whatever the members demand will be provided (there is monetary incentive to make the changes and bugfixes). He also appears to be allowing outsiders to purchase the products.
Personally, I think for such a co-op to really work, they need to open up membership to more people, but sell only to members -- and they need to diversify their offerings.
Maybe a better route would be to become a section of Costco itself, and sell boxed OSS products in their stores?
I had someone explain to me once why an American Sony boycott wouldn't work: Sony already makes most of their money in Asia. If the *Japanese* boycotted Sony en masse, you'd see the company making some changes. The US market for Sony comes after the Asian and European markets -- it's a dumping market, really; just like US products get dumped in other parts of the world.
Well, you could threaten them with exploding mammaries if they don't support it.
In fact, I'd say you completely failed to pick a username that was not already in use.
Sorry, but equating the parent's indignation with being in the mob is similar to equating your indignation with being fascist -- it ain't necessarily so; there's a lot of middle ground, no matter where a persons' ideology lines up with the various laws of the land.
Piracy is wrong, and should be stamped out.
Property theft is wrong, and should be punished.
Copyright infringement is often immoral and illegal, sometimes not both at the same time. It should be avoided whenever possible, and forgiven when it takes place without intent to harm.
Maybe what we need is more balance in the punishment: for every bit of intellectual property someone publishes that doesn't belong to them, the victim is allowed to publish a piece of the infringer's IP. Sure, some might say "hey... I might as well... I've got nothing to steal," but when that bit of info is their credit card number, or even an embarassing chat log, they might decide to reconsider.
I have no problem with vendors trying to implement such things. I also don't buy hardware or software with these "features" added; at least not until someone's already found a solution to the "features".
Then again, the article is actually about telephone service centres, not telemarketing... and I like the companies that have implemented these systems, since I just have to sound on the verge of boiling over and I get transferred to a live operator.
Well, I've never written a term paper on a computer that flashes up a blue screen of death :) It probably also helps that command-s-return has been my "new paragraph" key sequence for as long as I've been writing papers on hardware that supports that :)
The console market is (was) great for homebrew, because you could write software that was designed for very specific, well-documented (relatively inexpensive) hardware. Sure, a lot of the homebrew stuff for consoles isn't very good, but there are some real gems -- look at what people have done on the original XBox for examples.
If the iPod mounts as a disk, Windows has this annoying DEFAULT habit of auto executing files that are flagged for auto execution. If this virus does such a thing, the simple act of mounting the iPod is enough to infect the host.
Personally, I think the main suspect would be a platypus in a devil suit. Someone like that is _bound_ to be up to no good....
I think you missed the point... "Flate" is just Adobe's way of saying the following binary stream is compressed with the info-zip "flate" compression algorithm -- what most people know of as "zip" compression. The GP was saying it'd be funny if the library Acrobat Reader used to deflate flated content happened to be the common open source one.
Remember that PDF is a container format, sort of like MOV, MPEG, AVI, etc. If MS is making a replacement for this, it says nothing about the elements contained inside their container format -- most likely, it will only support elements that just so happen to be created by MS software. MS has noting to fear from making the spec freely available; it is solely a platform on which they can promote their proprietary file formats. Expect DRM to play an important role in XPS.
Again, I'm wondering why you are saying you disagree with my argument, but then go on to say the exact same things I did, using my analogies.
Anyway, congrats on 10 years of marriage, and on learning from mistakes!
And to think... I'm the one with the mod points today ;D