First off, your fair use criteria may not apply - we're talking Dutch law, not US law.
Second, "the amount and substantiality of the portion used in relation to the copyrighted work as a whole" The judge judged that this was about 100%. That's basically the whole discussion. Translation does not mean adding new insights or pages, it's just a transcription into a different language. And I have translated several articles myself, I know there's a fair amount of creativity involved if you want to transfer the meaning of the text, not just the words, but it is limited compared to the creation of the original text (or script). The gist of the articles I translated would have been transferred regardless of who the translator was. And given the very limited amount of text in movie subtitles the creative input is very limited indeed. Much more limited than derivative works like "Larry Potter and His Best Friend Lilly".
Non-profit is debatable, the sites that publish the subtitles certainly make a nice profit off the ads.
Effect on sales: since sales are subtitled, subtitles only apply to movies that are pirated. While you can hardly prove that people would have bought the movie just because it was translated, it's hard to prove otherwise too - and since the FSF was bringing the suit, they had to prove that this was the case. Good luck with that.
I'm not opposed to pirating, but at the same time let's not pretend this type of reasoning will hold up in court. It certainly didn't today.
So all translations of any book are now fair game? After all, you would interpret the book in your own way and write a completely original translation...
Feel free to try your luck in court with that reasoning. So far, it didn't help any of the Harry Potter derivatives, who actually had more claim to originality than someone doing a translation. The keyword here is "substantial".
Think of Joel Spolsky hiring C++ programmers because they can reason deeply how code works and then he puts them in front of Visual Basic 6 to pound out his application because they don't have to fiddle with MFC to get the GUI part?
Well, what's wrong with that? I was a C++ programmer throughout my education and my first job as scientific programmer, and moved on to VB6 and then VB.Net. Double the pay for half the effort, what's not to like:) And in the end it's all just a Turing Machine anyway, we're just debating the syntactic sugar as long as we stick to imperative languages.
So nowadays I just use the tools that make it easiest to code and test a solution, not the tools that are generating the most work for everyone. For most applications in office automation there is zero reason to use C++. Heck, there is little reason to actually code anything when you look at office automation: a good logical model coupled with a business rule engine and a decent code generator could work up 99% of most applications without even breaking a sweat. You may not build SAP with it, but I bet you could give it a darn good run for its money when looking at specific modules - the joke that is the Student Lifecycle Module springs to mind immediately but I'm sure there are plenty of examples.
Hybrids have been around for a while and their value is no different of another car. Most hybrid owners can prove a significant cost saving although I still think Hybrids are a joke and have too many moving parts for my liking.
I drive a Prius. Most reliable car I've ever had. Also the one with the best average gas mileage. Well, that is compared to the two Mercedes cars (diesel) and a Nissan Primera 2.0L (gasoline) I had before. And while that is anecdotal evidence, I based my purchase on the breakdown statistics of Germany's largest auto organization. They seem to have the same idea about Toyota as I do.
Not every hybrid is great, but you can't really go very wrong with a Toyota, even if it is a hybrid.
Yeah... 20 years ago it was 1997. Visual *anything* was crashing regularly at that time. I remember Visual C++ 1.0... it froze the machine when you tried to edit icons and they just generated incorrect assembly at a few places as well. The fujitsu cobol compiler wasn't all that hot either. I was using that one in 1997. Not a huge improvement over Visual Cobol, but at least I could *generate* the code instead of having to type it and it usually didn't crash.
On the mainframe they had nightly builds, state of the art sorting software, source code control, backups... which we copied in short order as fast as we could.
I'll build any report you care to spec for half that amount. In fact, for that amount I'll be on stand-by the entire year - 24/7. Just in case they need another one.
I was once tasked to get some data from the mainframe into the DWH I was building. We had an external COBOL programmer come in to do this because the rest was busy on fixing Y2K and doing the Euro implementation. His program was repeatedly returning really incorrect data. But no problem: I just printed out his program and pointed out all the bugs: yes, Cobol is so easy to read and debug that even without training I could just follow the flow of the program, see what it was doing and where it was copying the wrong fields into the copybook.
It's another reason why I go with the easiest language at hand for most tasks. You never know how long it has to run, and while you can build fantastic things in C++ or assembler, it's a pain to maintain.
The way I read Larry Garfield's statement is that he's into Dom/Sub relationships, and his club is as well, and the whole thing is mainly a roleplaying thing for him. I'm pretty sure you also have people in the club that take it way to serious, and probably a lot of sexist assholes too, but the same thing has been true for AD&D or gaming communities as well.
Given the pretty thoughtful nature of Larry's post, and how easy it is to claim a few snippets out of context and paint someone as a mass murderer (or worse, as someone involved in nonstandard sexual activity) I'd go a bit slower on this. I think the Drupal leadership could have been taken in by someone with an axe to grind, someone who doesn't know a thing about BDSM to begin with, abhors the concept, and then found some quotes he could use to hit the victim over the head with. I've seen this happen before in small, close-knit circles. Overreaction is common due to the shock of someone being different from what you thought.
Lord knows I'm not into BDSM, and certainly not a supporter of misogynist fucktards, but this feels way to much like the witch hunt versus gays or pedophiles to me. People had better be pretty careful before they damn someone based on some internet quotes taken out of context. They might regret it later when things become clearer.
I guess that an apartment complex without parking spots is unattractive now in the same way that place will be unattractive without recharging outlets in the near future. It won't be an issue in the EU or China, is my guess, because governments will do the math and stimulate EV. Once this actually becomes an issue, it will also become a political issue.
Ever heard of solar panels? They work just as well in those areas. In fact, I bet you could have a nice little hydro powered generator in mountainous areas.
Seriously, if they can do this in Norway, which is a lot more rugged country than most of the USA, I bet it's possible in the USA as well.
How about this scenario: a recharging station in the middle of nowhere, fueled by wind and solar power. No need to even send a truck to refuel, because it refuels itself. Seems even better than that gas station.
But don't worry: the EU and China will show our backward cousins in the USA how it's done, and after a while even the most dimwitted will see the benefits. A tad late, but that's just the good ol' USA for you: always a bit late to every party, from world war I and II to a better environment.
There are loads of reasons to assume that continually piling on the CO2 will eventually lead to runaway warming, but even if we assume it's not the case, even a mild increase in average global temperature of 4 degrees celsius will be disastrous for large numbers of humans living on this planet due to the extremes of temperature climbing into unsurvivable ranges in areas near the equator.
Tell me: do you think people will stay in places that become unlivable, or do you think they'll move to colder climates? Ready to welcome a few hundred million refugees? If not, you need to show that rising CO2 will not impact the climate that much - good luck with that.
And as far as your argument goes: there has never been a linear relationship between CO2 and temperature in history, AFAIK. So what you think that proves is beyond me.
Fine - cancel all oil subsidies first please. They outstrip EV subsidies by a large margin. Add in the cost of pollution and damage done to people, and determine the new price at the pump. Then see how much you like paying for gas.
If you buy second hand cars, you're used to waiting until the models become available as used cars. And when mass produced EV vehicles become widely available, prices will drop and infrastructure will evolve. In densely populated areas, the economic damage caused by pollution just makes it sensible to move to EV as fast as possible.
Take China: installing air filters can take thousands of dollars and hundreds monthly. Per family. And that isn't counting the medical costs incurred. In in N. Europe and W. Europe, the cities are not nearly as healthy as they should be. Damages go into billions each year. So moving to EV is practical. Subsidizing this, instead of oil (which is quite heavily subsidized), just makes financial sense.
I'm no fan of Oracle, but if they didn't require that the OS can at least be recognized by the support workers, they'd never get around to actually support anything. They're not Linux support, they're application support. And remember, they are actually supporting Linux where they've dropped support for Mac OS.
Oracle is getting pretty long in the tooth, and Microsoft is outstripping them in both performance, features AND cost, so there is some justification to call them shitty. But to call them that because they support the "wrong Linux" and not your pet project just illustrates the problem with Linux: it's a sect, not an OS.
Using marked cards is cheating, but it's also against the law. Any contract you may sign is void when the deal is illegal under current law. If the casino wasn't told upfront the cards were marked, it would also void the contract even if the law didn't make it illegal to use marked cards in the first place, because the casino would never have gone through with it if they had known upfront.
True, although usually a professor has his own list of pet projects they like to see done, and those are the ones you get grades for...
But it's likely that someone who wants to program a bit in a new language or environment might like to do something for which there is a need. Matching need with idea, now that's the issue.
In every RDBMS I know, you can add an identity column, or a column that is filled by a sequence, or as last resort something that is calculated on save with a trigger. If you want this, you can have it in every RDBMS except the most rudimentary.
I doubt it. I can change a database that's only used for prototyping and demoing on the fly in less time than it takes to start his code, with a SQL editor. For things that need to enter production someday, I deploy a physical model generated from a logical model. Takes me all of 5 minutes to have a deployable build. With Redgate data generator or similar products you can quickly fill the database.
I fail to see any need for dynamic schemes, unless you want to give a crutch to programmers who don't understand databases. In my opinion, those programmers shouldn't be allowed to change anything in the database at all.
At least, not until they can explain the pros and cons of surrogating keys, the difference between normalization and denormalization, the use of subtypes and supertypes, and why NULL isn't an allowable value in a database - but that's a bonus question:).
Did you use any infrastructure at all to make money? Like roads? Bridges? Encounter any traffic lights? Did you have workers that needed food? Hospitals? Did your valuable income need protection from someone? Did you have business disputes that you want a judge to reside over? And do you think judges are items you can just buy? Did you want a building for your office that didn't come down in the first week, because inspectors made sure it adhered to the building codes? Did you like the wiring in the building? Did you feel safer, knowing there was a fire brigade in the beighbourhood? And that if you fell ill there was an ambulance nearby? Did you like the fact your employees got an education? Or yourself?
Let's make a deal: you stop paying taxes, and you also stop using anything that was paid for by taxes. I'm fine with that. Have fun in your cave.
Fun fact: a lot of accidents with moderate damage occur where the driver presses the brakes deeply, then releases because he or she realizes someone might be behind them, and THEN collides with the car in front. Mercedes specifically created an emergency brake system to counter this. It would keep applying the brakes when pressed "vigorously" for a few seconds after the driver released them. Gives you a hell of a surprise the first time you feel it...
The Netherlands, where this accident happened, have very strict driver education laws. The exams are both theoretical and practical. Most people need about 40 hours of driving lessons to even qualify for the exam. A lot of people don't even get it on the first attempt and have to re-take the exam later.
Even then you still see a lot of folks driving around who should never have gotten their license, or should have returned it. Tesla's and other cars with this software should be a major improvement in road safety.
Architect rights locally are exactly that: the architect can actually forbid you to change anything, unless those rights were signed over. Never let an architect do anything without having them give you the right to modify the building, or you may be in for a nasty surprise.
Except for those in the household. While I would certainly censor a 10-year old (No ISIS decapitation movies seems like a good start), what about when they're 18? Aren't they entitled to make their own value judgements?
I'm not against this service, and I fully support them in this fight because every enemy of the studios is another head of the hydra they fight (although not necessarily a friendly head). But I don't share their POV.
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First off, your fair use criteria may not apply - we're talking Dutch law, not US law.
Second, "the amount and substantiality of the portion used in relation to the copyrighted work as a whole"
The judge judged that this was about 100%. That's basically the whole discussion. Translation does not mean adding new insights or pages, it's just a transcription into a different language. And I have translated several articles myself, I know there's a fair amount of creativity involved if you want to transfer the meaning of the text, not just the words, but it is limited compared to the creation of the original text (or script). The gist of the articles I translated would have been transferred regardless of who the translator was. And given the very limited amount of text in movie subtitles the creative input is very limited indeed. Much more limited than derivative works like "Larry Potter and His Best Friend Lilly".
Non-profit is debatable, the sites that publish the subtitles certainly make a nice profit off the ads.
Effect on sales: since sales are subtitled, subtitles only apply to movies that are pirated. While you can hardly prove that people would have bought the movie just because it was translated, it's hard to prove otherwise too - and since the FSF was bringing the suit, they had to prove that this was the case. Good luck with that.
I'm not opposed to pirating, but at the same time let's not pretend this type of reasoning will hold up in court. It certainly didn't today.
So all translations of any book are now fair game? After all, you would interpret the book in your own way and write a completely original translation...
Feel free to try your luck in court with that reasoning. So far, it didn't help any of the Harry Potter derivatives, who actually had more claim to originality than someone doing a translation. The keyword here is "substantial".
Think of Joel Spolsky hiring C++ programmers because they can reason deeply how code works and then he puts them in front of Visual Basic 6 to pound out his application because they don't have to fiddle with MFC to get the GUI part?
Well, what's wrong with that? I was a C++ programmer throughout my education and my first job as scientific programmer, and moved on to VB6 and then VB.Net. Double the pay for half the effort, what's not to like :) And in the end it's all just a Turing Machine anyway, we're just debating the syntactic sugar as long as we stick to imperative languages.
So nowadays I just use the tools that make it easiest to code and test a solution, not the tools that are generating the most work for everyone. For most applications in office automation there is zero reason to use C++. Heck, there is little reason to actually code anything when you look at office automation: a good logical model coupled with a business rule engine and a decent code generator could work up 99% of most applications without even breaking a sweat. You may not build SAP with it, but I bet you could give it a darn good run for its money when looking at specific modules - the joke that is the Student Lifecycle Module springs to mind immediately but I'm sure there are plenty of examples.
I agree wholeheartedly.
Hybrids have been around for a while and their value is no different of another car. Most hybrid owners can prove a significant cost saving although I still think Hybrids are a joke and have too many moving parts for my liking.
I drive a Prius. Most reliable car I've ever had. Also the one with the best average gas mileage. Well, that is compared to the two Mercedes cars (diesel) and a Nissan Primera 2.0L (gasoline) I had before. And while that is anecdotal evidence, I based my purchase on the breakdown statistics of Germany's largest auto organization. They seem to have the same idea about Toyota as I do.
Not every hybrid is great, but you can't really go very wrong with a Toyota, even if it is a hybrid.
Yeah... 20 years ago it was 1997. Visual *anything* was crashing regularly at that time. I remember Visual C++ 1.0... it froze the machine when you tried to edit icons and they just generated incorrect assembly at a few places as well. The fujitsu cobol compiler wasn't all that hot either. I was using that one in 1997. Not a huge improvement over Visual Cobol, but at least I could *generate* the code instead of having to type it and it usually didn't crash.
On the mainframe they had nightly builds, state of the art sorting software, source code control, backups... which we copied in short order as fast as we could.
I'll build any report you care to spec for half that amount. In fact, for that amount I'll be on stand-by the entire year - 24/7. Just in case they need another one.
Amen to that.
I was once tasked to get some data from the mainframe into the DWH I was building. We had an external COBOL programmer come in to do this because the rest was busy on fixing Y2K and doing the Euro implementation. His program was repeatedly returning really incorrect data. But no problem: I just printed out his program and pointed out all the bugs: yes, Cobol is so easy to read and debug that even without training I could just follow the flow of the program, see what it was doing and where it was copying the wrong fields into the copybook.
It's another reason why I go with the easiest language at hand for most tasks. You never know how long it has to run, and while you can build fantastic things in C++ or assembler, it's a pain to maintain.
Well, he does have a point. When leaving bodies in sealed drums, you really shouldn't chat about it in the workplace.
The way I read Larry Garfield's statement is that he's into Dom/Sub relationships, and his club is as well, and the whole thing is mainly a roleplaying thing for him. I'm pretty sure you also have people in the club that take it way to serious, and probably a lot of sexist assholes too, but the same thing has been true for AD&D or gaming communities as well.
Given the pretty thoughtful nature of Larry's post, and how easy it is to claim a few snippets out of context and paint someone as a mass murderer (or worse, as someone involved in nonstandard sexual activity) I'd go a bit slower on this. I think the Drupal leadership could have been taken in by someone with an axe to grind, someone who doesn't know a thing about BDSM to begin with, abhors the concept, and then found some quotes he could use to hit the victim over the head with. I've seen this happen before in small, close-knit circles. Overreaction is common due to the shock of someone being different from what you thought.
Lord knows I'm not into BDSM, and certainly not a supporter of misogynist fucktards, but this feels way to much like the witch hunt versus gays or pedophiles to me. People had better be pretty careful before they damn someone based on some internet quotes taken out of context. They might regret it later when things become clearer.
I guess that an apartment complex without parking spots is unattractive now in the same way that place will be unattractive without recharging outlets in the near future. It won't be an issue in the EU or China, is my guess, because governments will do the math and stimulate EV. Once this actually becomes an issue, it will also become a political issue.
Ever heard of solar panels? They work just as well in those areas. In fact, I bet you could have a nice little hydro powered generator in mountainous areas.
Seriously, if they can do this in Norway, which is a lot more rugged country than most of the USA, I bet it's possible in the USA as well.
How about this scenario: a recharging station in the middle of nowhere, fueled by wind and solar power. No need to even send a truck to refuel, because it refuels itself. Seems even better than that gas station.
But don't worry: the EU and China will show our backward cousins in the USA how it's done, and after a while even the most dimwitted will see the benefits. A tad late, but that's just the good ol' USA for you: always a bit late to every party, from world war I and II to a better environment.
There are loads of reasons to assume that continually piling on the CO2 will eventually lead to runaway warming, but even if we assume it's not the case, even a mild increase in average global temperature of 4 degrees celsius will be disastrous for large numbers of humans living on this planet due to the extremes of temperature climbing into unsurvivable ranges in areas near the equator.
Tell me: do you think people will stay in places that become unlivable, or do you think they'll move to colder climates? Ready to welcome a few hundred million refugees? If not, you need to show that rising CO2 will not impact the climate that much - good luck with that.
And as far as your argument goes: there has never been a linear relationship between CO2 and temperature in history, AFAIK. So what you think that proves is beyond me.
Fine - cancel all oil subsidies first please. They outstrip EV subsidies by a large margin. Add in the cost of pollution and damage done to people, and determine the new price at the pump. Then see how much you like paying for gas.
If you buy second hand cars, you're used to waiting until the models become available as used cars. And when mass produced EV vehicles become widely available, prices will drop and infrastructure will evolve. In densely populated areas, the economic damage caused by pollution just makes it sensible to move to EV as fast as possible.
Take China: installing air filters can take thousands of dollars and hundreds monthly. Per family. And that isn't counting the medical costs incurred. In in N. Europe and W. Europe, the cities are not nearly as healthy as they should be. Damages go into billions each year. So moving to EV is practical. Subsidizing this, instead of oil (which is quite heavily subsidized), just makes financial sense.
I'm no fan of Oracle, but if they didn't require that the OS can at least be recognized by the support workers, they'd never get around to actually support anything. They're not Linux support, they're application support. And remember, they are actually supporting Linux where they've dropped support for Mac OS.
Oracle is getting pretty long in the tooth, and Microsoft is outstripping them in both performance, features AND cost, so there is some justification to call them shitty. But to call them that because they support the "wrong Linux" and not your pet project just illustrates the problem with Linux: it's a sect, not an OS.
Using marked cards is cheating, but it's also against the law. Any contract you may sign is void when the deal is illegal under current law. If the casino wasn't told upfront the cards were marked, it would also void the contract even if the law didn't make it illegal to use marked cards in the first place, because the casino would never have gone through with it if they had known upfront.
True, although usually a professor has his own list of pet projects they like to see done, and those are the ones you get grades for...
But it's likely that someone who wants to program a bit in a new language or environment might like to do something for which there is a need. Matching need with idea, now that's the issue.
In every RDBMS I know, you can add an identity column, or a column that is filled by a sequence, or as last resort something that is calculated on save with a trigger. If you want this, you can have it in every RDBMS except the most rudimentary.
I doubt it. I can change a database that's only used for prototyping and demoing on the fly in less time than it takes to start his code, with a SQL editor. For things that need to enter production someday, I deploy a physical model generated from a logical model. Takes me all of 5 minutes to have a deployable build. With Redgate data generator or similar products you can quickly fill the database.
I fail to see any need for dynamic schemes, unless you want to give a crutch to programmers who don't understand databases. In my opinion, those programmers shouldn't be allowed to change anything in the database at all.
At least, not until they can explain the pros and cons of surrogating keys, the difference between normalization and denormalization, the use of subtypes and supertypes, and why NULL isn't an allowable value in a database - but that's a bonus question :).
Did you use any infrastructure at all to make money? Like roads? Bridges? Encounter any traffic lights? Did you have workers that needed food? Hospitals? Did your valuable income need protection from someone? Did you have business disputes that you want a judge to reside over? And do you think judges are items you can just buy? Did you want a building for your office that didn't come down in the first week, because inspectors made sure it adhered to the building codes? Did you like the wiring in the building? Did you feel safer, knowing there was a fire brigade in the beighbourhood? And that if you fell ill there was an ambulance nearby? Did you like the fact your employees got an education? Or yourself?
Let's make a deal: you stop paying taxes, and you also stop using anything that was paid for by taxes. I'm fine with that. Have fun in your cave.
Fun fact: a lot of accidents with moderate damage occur where the driver presses the brakes deeply, then releases because he or she realizes someone might be behind them, and THEN collides with the car in front. Mercedes specifically created an emergency brake system to counter this. It would keep applying the brakes when pressed "vigorously" for a few seconds after the driver released them. Gives you a hell of a surprise the first time you feel it...
The Netherlands, where this accident happened, have very strict driver education laws. The exams are both theoretical and practical. Most people need about 40 hours of driving lessons to even qualify for the exam. A lot of people don't even get it on the first attempt and have to re-take the exam later.
Even then you still see a lot of folks driving around who should never have gotten their license, or should have returned it. Tesla's and other cars with this software should be a major improvement in road safety.
Architect rights locally are exactly that: the architect can actually forbid you to change anything, unless those rights were signed over. Never let an architect do anything without having them give you the right to modify the building, or you may be in for a nasty surprise.
Except for those in the household. While I would certainly censor a 10-year old (No ISIS decapitation movies seems like a good start), what about when they're 18? Aren't they entitled to make their own value judgements?
I'm not against this service, and I fully support them in this fight because every enemy of the studios is another head of the hydra they fight (although not necessarily a friendly head). But I don't share their POV.