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User: damsa

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Comments · 897

  1. Re:Confiscation on DMCA Takedown Notice For a Fake ID · · Score: 1

    She doesn't need to make any claims about whether she used it. She can take the fifth and just discredit the bartender. But that would suggest it got that far. She can lie to the police all she wants,
    She can lie to the police. But the police will not testify to what she had said because of hearsay. So her evidence will not be introduced to the police unless she herself testifies. The bartender has the ID, this girl went to the bar, the girl also asked the bartender to take down the ID. That is quite a bit of evidence to get an indictment. Also sending out an DMCA, she is doing it under a threat of perjury that she has a copyright on the license. It's debatable that she would have a copyright on the license as it is a 1) derivative work of the state of Maryland 2) is a forgery.

    I should have been more clear there. I meant that she may be technically in breach of the law by posting forged documents. The copyright violation thing isn't going to get Ashley anywhere - there are way too many defences.
    What technical breach of the law is that? Theft?

    A non police officer has broader powers of evidence collecting. A principal at a school can search and seize contraband more freely than a regular police officer and not violate the student's search and seizure rights.
  2. Re:Confiscation on DMCA Takedown Notice For a Fake ID · · Score: 1

    It's pretty strong evidence. Ashley denying she didn't use the ID would mean she perjured herself in a court of law.

    It doesn't matter if the ID was her property. You are allowed to take pictures of other people's property and post them on your website if you wish. Of course there is a right of publicity claim prohibiting people making money from others images but in this case the bartender is not making any money. There might be a claim for defamation, but truth is an absolute defense, there might be an invasion of privacy claim but the information listed on the card is not true.

    A bartender is an law enforcement officer in a way. They are licensed by the state to serve alcohol. In granting the license, the bartender has to enforce certain rules, including not over serving, not serving to underaged persons, preventing patrons from leaving the establishment in cars while intoxicated etc....

  3. Re:Common on Busting the MythBusters' Yawn Experiment · · Score: 1

    They redid the episode using period scopes from the 70s, as the period scopes had less glass elements therefore more likely to be shot through. What bugs me about the show is the editing and the fake commentary. I can also do with a different narrator as some of the Aussie pronunciation gets to me.

  4. Re:At least they think they do on Teens Actually Do Protect Their Online Profiles · · Score: 1

    Are you sure it wasn't dateline?

  5. Re:Ah come on... on SCO Chairman Fights to Ban Open Wireless Networks · · Score: 4, Interesting

    Ironically, porn is illegal in Japan, South Korea and China, a lot of help that does to curtail porn use.

  6. Re:Case of the Mondays on Many Dead In Virginia Tech Shooting · · Score: 1

    I don't like Mondays was a reason Brenda Spencer gave for going on her shooting spree in 1979. So however distasteful the post, I think it is still on topic.

  7. Re:Put you tinfoil hats on on SCOTUS Case May End Sale Prices · · Score: 1

    A lot of stores have house brands, Sears has Kenmore, Craftsman etc......

  8. Re:More of This, please on Apple Ordered to Pay Blogger Legal Fees · · Score: 3, Interesting

    The lawyers in this case are the EFF which I believe is a non profit.

  9. Re:mildly flawed on Microsoft Answers Vista DRM Critics' Claims · · Score: 1

    Windows XP comes pre installed with Windows media player and Windows instant messenger pre installed. I don't think Vista is any different.

  10. Re:Fanboism at its finest on Inside the iPhone — 3G, ARM, OS X, 3rd Partyware · · Score: 1

    The Cingular 8525 is 399 after rebate. It takes Micro Sd cards.They don't make 4gb micro sd. So max is 2gb. So to match the specs of a iPhone you have to pay additional 100 dollars for a flash card and you get half the capacity of the 499 phone.

  11. Re:Trademark info on Cisco Sues Apple Over iPhone Trademark · · Score: 1

    Apple was in talks for couple of years with Cisco. You have to use your trademark or you lose it. Probably the reason why Cisco released the iPhone couple of months ago was to have a stand in a suit claiming they in fact did use the trademark in commerce.

  12. Re:Nationalism on 2007 the Best Year Yet For PSP & DS · · Score: 1

    News Corp is owned by Aussies, and Universal up until couple of years ago was owned by the French.

  13. Re:Sony tries.. and tries... and tries on DVD Player Ownership Surpasses VCR Ownership · · Score: 1

    Also since Sony has a movie studio, if HD-DVD format dies then Sony would also save Billions over the life of the product.

  14. Re:One PC per 10 Child? on The True Cost of One Laptop Per Child · · Score: 2, Insightful

    OLPC is just a name. Each child will not be getting their own laptop. More likely each child will get 15 minutes or to play with it during the day time shared among other students. It's just like no child left behind program it doens't literally mean no child left behind.

  15. Re:Strange laws? on Charges Dropped In Fake Boarding Pass Case · · Score: 1

    I don't think it's applicable to this case either, I was just correcting the original poster that if there was a prosecution based on intellectual property it would be based on trademark law, not copyright law and trademark law is created to protect consumers.

  16. Re:British site? on Apples Are For Grannies? · · Score: 1

    It's actually a California based company called Metafacts. You can buy your own copy for $3600. http://metafacts.stores.yahoo.net/apmaprre.html

    You are not supposed to judge a book by its cover, but......

  17. Re:Strange laws? on Charges Dropped In Fake Boarding Pass Case · · Score: 1

    Some people don't know you are supposed to print your own boarding passes, I would venture that number of people to be a sizable amount. Here is is the relevant statutes pertaining to counterfeiting. http://www.usdoj.gov/usao/eousa/foia_reading_room/ usam/title9/68mcrm.htm/ My point to the OP was that use of the logos and such on the boarding pass would constitute trademark infringement and may be in fact criminal counterfeiting.

  18. Re:Strange laws? on Charges Dropped In Fake Boarding Pass Case · · Score: 1

    How would a buyer know that a boarding pass is not legit if it looks exactly like a regular boarding pass? I am such and such internet discount travel agency. Here is your boarding pass and here is your e-ticket and confirmation number. No check in required. Just present boarding pass at the gate. When you buy a ticket online, all you get is a confirmation number and then print your boarding pass before your flight. Unless you call and get confirmation, you wouldn't know whether your pass was good or not.

  19. Re:Strange laws? on Charges Dropped In Fake Boarding Pass Case · · Score: 1

    Boarding passes, not plane tickets. I stand corrected. However, boarding passes is what gets you on the plane, not plane tickets. Nobody at the airport will ask for your ticket because a quite a few people do not carry one. People use e-tickets and print out a boarding pass at home or at the airport.

  20. Re:Strange laws? on Charges Dropped In Fake Boarding Pass Case · · Score: 1

    Putting symbols on the ticket is not a copyright offense, it is a trademark offense. If he was charged, he would probably be charged with counterfeiting airline tickets. People should be glad that there is a law like that, otherwise people can sell counterfeit concert tickets etc... without any criminal consequences. Of course in this case, the charges were rightfully dropped.

  21. Analogous games for the US on Nintendo Talks the Future of Wii · · Score: 4, Funny

    Where's our analogous cooking game? Where's our analogous 'Brain Age 2' for DS?'" How About Phoenix Wright: RIAA Attorney

  22. Re:Help me out on iPod Has Nothing To Fear From Slow-Starting Zune · · Score: 1

    The magic was Apple was the first or one of the first to introduce hard drive based mp3 players based on the smaller 1.8 in hard drives enabling the original iPod's form factor to be a lot smaller than other hard drive based MP3 players, and also introduced a fast Firewire based system while others used the slower USB 1.1 system. Thus, in the beginning there was a reason why there was a price premium on buying iPods over other competing manufacturers.

    These days there really isn't a price premium. The Zune costs about the same as a regular iPod. And given the same price, most people will go with the one that looks nicer. And even though some people might think the Brown Zune is sexy and might be in some ways a better product, most people given the same choice would go with an iPod.

    Also the little Sony MP3 player does not do everything that a 200 dollar iPod Nano does. The 200 dollar iPod shows photos, has more capacity, has the ability to hook up natively to iPod based stereo systems built into cars and has the ability to play iTunes purchased from the iTunes music store.

    In conlusion, people pay a premium if there was one because Apple made the right choices in the beginning, Sony however, decided to push its proprietary Altrac format, minidisk format, memory stick format etc...thereby not having the install base large enough where auto manufacturers, stereo manufacturers decided to make accessories available.

  23. Re:Sheesh on Critical Review of the Zune · · Score: 1

    No wireless. Takes up less space than a Zune. Lame.

  24. Re:Funny... on Critical Review of the Zune · · Score: 4, Informative

    At least with an Apple you can use it as a disk drive and use third party software to load it. People forget so fast that the first PC compatible iPods did not use iTunes but used Musicmatch. With the Zune you can't even mount it as a drive.

  25. Re:slate is owned by microsoft on Slate Pans the Wii, Slate Loves the Wii · · Score: 2, Informative

    Slate is owned by the Washington Post. Microsoft sold it a while back.