Downloading a file (from a P2P network) for private use is perfectly legal as long as there is no lucrative or collective use of the downloaded copy. [emphasis mine]
What's with this "collective" thing? So, everybody can download a copy, but if you get them together in a building and play it through speakers it's illegal?
Yes, it seems the difference is *that* subtle. I just read the original judgement/sentence document only 8 pages in spanish and in my opinion the judge seems really fair.
When he is describing the current law he mentions the issue you raise, that "public offering" (for a lack of a better translation) *is* illegal. However the judge then clarifies that P2P can not be deemed as public offering (making it available for the public?) as when you "share" in P2P you are doing it on a 1 to 1 basis (peer to peer).
I do not know the Spanish law well, but the part of the sentence touching the legality/illegality of P2P seems only as a "side comment" (recommendation of the judge maybe, I do not know how much weight is has in Spanish system). The only clear judgement is that *linking* to files on P2P sites is not illegal (this is what Mr. Jesus does).
News just in. Pirate bay gives up vagabond lifestyle to move to permanent home in Spain.
Just two relevant points: First, it seems that one of the reasons why the court ruled in such a way is because the aforementioned web page does not have any kind of advertising (no profit):
el dueño de la página "no percibe cantidad alguna directa o indirectamente relacionada con el servicio que ofrece", que ni siquiera tiene publicidad, por lo que no hay ánimo de lucro, ni directo ni indirecto. -- The owner of the page "does not perceive any quantity direct or indirect related with the service he is offering", he does not even has advertising, hence there is no absolutely n o profit, direct or indirect.
[Translation mine]
Thus it seems that it will be a prerequisite from other P2P web pages to avoid adding advertising if they want to come clean in the future.
Now, another snippet that got my attention was about the "pago del canon" or canon payment which is a "tax" that Spanish have to pay for each HDD or CD/DVD they buy which goes directly into the pockets of the RIAA:
3. Qué pasa con el pago del canon? En la sentencia, el juez considera que estas copias, si son guardadas en un disco duro o en discos ópticos, "están gravados con el correspondiente canon o compensación equitativa del artículo 25 de la Ley de Propiedad Intelectual", por lo que se estaría cumpliendo con el pago del canon. -- 3. what happens with the canon payment? In the sentence, the judge considers that these copies [made by P2P], if they are saved in a hard disk or optic discs, "they are taxed with the corresponding 'canon' or compensation from article 25 of the IP Law", hence it would be complying with the canon payment.
[Translation mine]
In my opinion that is the first time the Judicial system has made sense. I know for example that In Canada people must pay a similar tax (please correct me if I am wrong). I want to applaud the guy for standing up for his rights.
I will hang on this thread to ask *again* if anyone knows of a site similar to slashdot (tech-news aggregator, commenting) that real geeks/nerds or tech people frequent?
I guess nowadays that would depend on a more specific area. For example I like osnews.com but they do not update as often. I also like sites as arstechnica but the discussion is almost non-existent.
Fark, Digg, Reddit and similar are completely out of consideration.
Well, if you do not want Mexicans involved in trafficking drugs then Americans should stop consuming the darn shit. The only reason we keep pumping drugs through the Mexican transport channels it to make them arrive at the USA is because its population is gladly paying whatever price for them.
I am glad that at some point their dream-world gets touched by the reality of drug trading. Just look at the state of Cd. Juarez and the majority of the North of Mexico. If there was no demand on illegal drugs in the USA then the majority of the crimes related to that would be decreased considerably.
No, if the hassle of being "legal" is too much for you then you should just return to your country.
And I say this as a Mexican who does not plan to go to the USA due to their current policies against immigrants.
Having said that, I believe the USA really needs to fix their immigration programs as they are broken. As I heard some American guy who used to work at IBM: Mexico does not have a problem with immigration, it is a USA problem. Mexico just "exports" very cheap labour. The problem is that the USA government has not managed to establish a proper program to fill up the demand of international labour in the country.
As our racist ex-president (Vicente Fox) put it: Mexicans do things that not even African-American (I believe he did say "Negros") want to do. So, if people in the USA do not want to work for whatever payment the market is offering, then let aliens do that work.
I've heard Sony is preparing to launch new technology for the next version of the PSP:
"The PSP Contact" adding innovating touch screen technology. Some of my sources even said the device may even have more than one screen... can you believe that!
Thanks for the remark about the Fraunhofer Institute.
I always think it is really funny when I read news about Germany's "Fraunhofer Institute" doing this or "Max Planck Institute" doing that or "Leibinz Institute" doing the other (did I miss any other?); the fact is that in Germany there are dozens of institutes whose name starts with those words. Just in the city I am working I know there are at least 2 "Leibniz institutes" and more than 3 "Max Planck Institutes"
Call me "crazy conspiracy theory lunatic" but this is a great plan to get rid of the "TAX" (aggregated "value") that came with marrying this guy wife. Ohh.. I "accidentally" placed my loaded gun in the place where the girl used to play with her toy gun. WTF.
I definitely agree they should press charges against this bastard. He is irresponsible and caused the murder of this girl.
And there I hoped that they have discovered the "panacea" of software manufacturing.
I have read the first chapters of the Mythical Man-Month book so, I have a general Idea of what it is about. However, my hunch is that the reason why the relation between number of people and speed/quality of software produced are not linearly correlated is mostly a management problem. That is, it is a matter of finding the correct way to divide the software problem in ways that can be concurrently developed by several people.
In one of the books examples a surgery room is mentioned; explaining that, more doctors would not increase the quality or speed of the surgery. However if you think about all the tools used by the people in the surgery room, then there is a good chance that the work of several other persons is helping in the surgery.
This is process is done to a certain degree in game development, where there is people working in development tools to be used by the main developers, designers etc. Although not directly working in the game, such tool-makers are helping speed up the software development and increase the quality of the game.
encryption breaking methods are mainly based on frequency and statistics. I am sure nowadays the NSA and other entities in charge of breaking encrypted content have more sophisticated methods.
Although this thread is quite old, I just felt I needed to reply to it. I also disagree with the thought of adblocking being bad or parasitic.
It is the sole nature of the internet to allow people to publish content making it available to others.
If websites like Ars Technica or others want to get paid for such content, then they should simply ask for money for each article. If they make the information open then they should not complain when people are using it without paying back (via ad clicks or any other mean).
Appart from the wooshing sound refereed by a sibling post I would like to correct you:
The UK closes down around 17:00 GMT. After 5:00pm the only thing you will find open are mainly pubs.
I always found amusing how everything closed so early in the UK. It was most interesting during summer when there is sunlight until about 11:00pm; I always wandered, what do people do from 5 to 11? do they sit in a park bench? (specially if you don't drink alcohol!, I guess that makes me socially unadapted ). Different countries different cultures...
I got a similar culture shock after my first months living in Germany; this time because of all-closed Sundays, either you go to walk/bike to the park (if it is not snowing... something that is getting quite rare), go to Weihnachtsmarkt to drink Glühwein (again... tough luck if you don't drink) or stay at home @TV/Computer/etc.
love how everyone bashes DRM without thinking of the consequences of not using any. Pirating is far too widespread. For every person who pirates a game, less games are made for the PC for this very reason. Pirates blame the developers for using DRM, the quality of the game is reduced for actual customers, yet the pirates are the one to blame
And the funny thing is that DRM does not stop copyright infringement at any level. You do not even need to know how to apply a patch to play a pirated game.
The way it works these days is like this: 1. The game is released *with* DRM 2. Someone cracks and distribute the DRM 3. Someone else applies the crack and packages the whole game patched. 4. All the copyright infringers download the game already without DRM, they install it normally and run it without inconvenience.
The problem with DRM is that when adding it to some software, developers are in effect making such software less user friendly. This makes the cracked, Non-DRM software subjectively better for customers, and at less price.
Why do you think World of Warcraft does not have this "widespread piracy" problem? because the paid content is *better* than the cracked content.
Slashdot Mirror
They're installing Gentoo, which takes approximately 18 - 19 years for a full emerge.
You're welcome.
This anti virus program also keeps tigers away. You don't see any tigers around do you?
Bitsmack.com
Ahhh! so it *is* the antivirus what got chicks away from me uh? :( that's it, I am moving to Linux!
Here's the part (from TFS) I don't understand:
Downloading a file (from a P2P network) for private use is perfectly legal as long as there is no lucrative or collective use of the downloaded copy. [emphasis mine]
What's with this "collective" thing? So, everybody can download a copy, but if you get them together in a building and play it through speakers it's illegal?
Yes, it seems the difference is *that* subtle. I just read the original judgement/sentence document
only 8 pages in spanish and in my opinion the judge seems really fair.
When he is describing the current law he mentions the issue you raise, that "public offering" (for a lack of a better translation) *is* illegal. However the judge then clarifies that P2P can not be deemed as public offering (making it available for the public?) as when you "share" in P2P you are doing it on a 1 to 1 basis (peer to peer).
I do not know the Spanish law well, but the part of the sentence touching the legality/illegality of P2P seems only as a "side comment" (recommendation of the judge maybe, I do not know how much weight is has in Spanish system). The only clear judgement is that *linking* to files on P2P sites is not illegal (this is what Mr. Jesus does).
News just in.
Pirate bay gives up vagabond lifestyle to move to permanent home in Spain.
Just two relevant points:
First, it seems that one of the reasons why the court ruled in such a way is because the aforementioned web page does not have any kind of advertising (no profit):
el dueño de la página "no percibe cantidad alguna directa o indirectamente relacionada con el servicio que ofrece", que ni siquiera tiene publicidad, por lo que no hay ánimo de lucro, ni directo ni indirecto.
--
The owner of the page "does not perceive any quantity direct or indirect related with the service he is offering", he does not even has advertising, hence there is no absolutely n o profit, direct or indirect.
[Translation mine]
Thus it seems that it will be a prerequisite from other P2P web pages to avoid adding advertising if they want to come clean in the future.
Now, another snippet that got my attention was about the "pago del canon" or canon payment which is a "tax" that Spanish have to pay for each HDD or CD/DVD they buy which goes directly into the pockets of the RIAA:
3. Qué pasa con el pago del canon?
En la sentencia, el juez considera que estas copias, si son guardadas en un disco duro o en discos ópticos, "están gravados con el correspondiente canon o compensación equitativa del artículo 25 de la Ley de Propiedad Intelectual", por lo que se estaría cumpliendo con el pago del canon.
--
3. what happens with the canon payment?
In the sentence, the judge considers that these copies [made by P2P], if they are saved in a hard disk or optic discs, "they are taxed with the corresponding 'canon' or compensation from article 25 of the IP Law", hence it would be complying with the canon payment.
[Translation mine]
In my opinion that is the first time the Judicial system has made sense. I know for example that In Canada people must pay a similar tax (please correct me if I am wrong). I want to applaud the guy for standing up for his rights.
Quotes Source: in spanish
I will hang on this thread to ask *again* if anyone knows of a site similar to slashdot (tech-news aggregator, commenting) that real geeks/nerds or tech people frequent?
I guess nowadays that would depend on a more specific area. For example I like osnews.com but they do not update as often. I also like sites as arstechnica but the discussion is almost non-existent.
Fark, Digg, Reddit and similar are completely out of consideration.
Anyone knows any options?
Well, if you do not want Mexicans involved in trafficking drugs then Americans should stop consuming the darn shit. The only reason we keep pumping drugs through the Mexican transport channels it to make them arrive at the USA is because its population is gladly paying whatever price for them.
I am glad that at some point their dream-world gets touched by the reality of drug trading. Just look at the state of Cd. Juarez and the majority of the North of Mexico. If there was no demand on illegal drugs in the USA then the majority of the crimes related to that would be decreased considerably.
No, if the hassle of being "legal" is too much for you then you should just return to your country.
And I say this as a Mexican who does not plan to go to the USA due to their current policies against immigrants.
Having said that, I believe the USA really needs to fix their immigration programs as they are broken. As I heard some American guy who used to work at IBM: Mexico does not have a problem with immigration, it is a USA problem. Mexico just "exports" very cheap labour. The problem is that the USA government has not managed to establish a proper program to fill up the demand of international labour in the country.
As our racist ex-president (Vicente Fox) put it: Mexicans do things that not even African-American (I believe he did say "Negros") want to do. So, if people in the USA do not want to work for whatever payment the market is offering, then let aliens do that work.
mmm I pronounce LED like "led" that's in Spanish "Un led", "Dos leds"... I don't use "el eeh dee" or "ele e de"
I've heard Sony is preparing to launch new technology for the next version of the PSP:
"The PSP Contact" adding innovating touch screen technology. Some of my sources even said the device may even have more than one screen... can you believe that!
Do not blame murderers for death penalty laws, blame the individuals that made those laws.
Thanks for the remark about the Fraunhofer Institute.
I always think it is really funny when I read news about Germany's "Fraunhofer Institute" doing this or "Max Planck Institute" doing that or "Leibinz Institute" doing the other (did I miss any other?); the fact is that in Germany there are dozens of institutes whose name starts with those words. Just in the city I am working I know there are at least 2 "Leibniz institutes" and more than 3 "Max Planck Institutes"
If you are asking about it, they call it Wlan)
That would be "vee-lan"
You don't want idiots or criminals handling guns? Ban them for everyone.
Funny, I am from a country where guns are banned... and yet criminals still have LOTS of guns (including machine guns, grenades, etc).
I am sure in this "civilized " country you live it is the same
It kind of gives a new meaning to "my wand is totally out of juice".
holly shit... hahaha
Can you explain, I didn't get the joke (I am not native English speaker...)
Except he is a stepfather.
Call me "crazy conspiracy theory lunatic" but this is a great plan to get rid of the "TAX" (aggregated "value") that came with marrying this guy wife. Ohh.. I "accidentally" placed my loaded gun in the place where the girl used to play with her toy gun. WTF.
I definitely agree they should press charges against this bastard. He is irresponsible and caused the murder of this girl.
And there I hoped that they have discovered the "panacea" of software manufacturing.
I have read the first chapters of the Mythical Man-Month book so, I have a general Idea of what it is about. However, my hunch is that the reason why the relation between number of people and speed/quality of software produced are not linearly correlated is mostly a management problem. That is, it is a matter of finding the correct way to divide the software problem in ways that can be concurrently developed by several people.
In one of the books examples a surgery room is mentioned; explaining that, more doctors would not increase the quality or speed of the surgery. However if you think about all the tools used by the people in the surgery room, then there is a good chance that the work of several other persons is helping in the surgery.
This is process is done to a certain degree in game development, where there is people working in development tools to be used by the main developers, designers etc. Although not directly working in the game, such tool-makers are helping speed up the software development and increase the quality of the game.
Tom's Hardware offers GPU hierarchy charts and recommendations in their Best Graphics Cards For The Money articles.
Ditto for CPUs: Best Gaming CPUs For The Money
They do, but in how many pages ?
You are assuming that whoever wants to break the encryption is doing a brute force attack.
The classical
encryption breaking methods are mainly based on frequency and statistics. I am sure nowadays the NSA and other entities in charge of breaking encrypted content have more sophisticated methods.
Or reddit maybe... or google groups
I won't ask you for your geek card... as I assume you do not have one of those.
Although this thread is quite old, I just felt I needed to reply to it. I also disagree with the thought of adblocking being bad or parasitic.
It is the sole nature of the internet to allow people to publish content making it available to others.
If websites like Ars Technica or others want to get paid for such content, then they should simply ask for money for each article. If they make the information open then they should not complain when people are using it without paying back (via ad clicks or any other mean).
the UK closes down at around 2300 GMT
Appart from the wooshing sound refereed by a sibling post I would like to correct you:
The UK closes down around 17:00 GMT. After 5:00pm the only thing you will find open are mainly pubs.
I always found amusing how everything closed so early in the UK. It was most interesting during summer when there is sunlight until about 11:00pm; I always wandered, what do people do from 5 to 11? do they sit in a park bench? (specially if you don't drink alcohol!, I guess that makes me socially unadapted ). Different countries different cultures...
I got a similar culture shock after my first months living in Germany; this time because of all-closed Sundays, either you go to walk/bike to the park (if it is not snowing... something that is getting quite rare), go to Weihnachtsmarkt to drink Glühwein (again... tough luck if you don't drink) or stay at home @TV/Computer/etc.
and "Anonymous is not your personal army" seems to have held up pretty well against gaming.
And do not forget the anonymous' rescue of Dusty.
love how everyone bashes DRM without thinking of the consequences of not using any. Pirating is far too widespread. For every person who pirates a game, less games are made for the PC for this very reason. Pirates blame the developers for using DRM, the quality of the game is reduced for actual customers, yet the pirates are the one to blame
And the funny thing is that DRM does not stop copyright infringement at any level. You do not even need to know how to apply a patch to play a pirated game.
The way it works these days is like this:
1. The game is released *with* DRM
2. Someone cracks and distribute the DRM
3. Someone else applies the crack and packages the whole game patched.
4. All the copyright infringers download the game already without DRM, they install it normally and run it without inconvenience.
The problem with DRM is that when adding it to some software, developers are in effect making such software less user friendly. This makes the cracked, Non-DRM software subjectively better for customers, and at less price.
Why do you think World of Warcraft does not have this "widespread piracy" problem? because the paid content is *better* than the cracked content.