Hulu was the first site I checked, and no, it doesn't work. Apparently Hulu used to work with Flash 9, but now requires Flash 10 (I have my suspicions this new requirement was added to prevent embedded browsers like the Wii's Opera from being able to use it).
However, there is software called "PlayOn" that will act as a UPnP server and stream Hulu content to the Wii. It's not free and requires Windows.
The question of "exhaustion" was actually brought up in the Qualitex case, the argument being that if they were allowed to trademark that particular color, then someone else would trademark another color, and pretty soon there'd be no colors left.
The court didn't buy it, though; IIRC they basically said that there's no evidence that is actually happening, and if/when it does happen, it can be dealt with then.
You should probably read the link I originally posted, since the Qualitex case has nothing to do with the word quality. The issue was whether a color could be trademarked.
That's pretty much what I thought - they give the notes, including octave. But they don't specify any particular instrument, or give any listing of instruments. Perhaps there's a sound recording that accompanies the filing, but it's not mentioned there.
I already commented on this elsewhere, but actually NBC chimes are NOT consistent. Yes, there is the well-known "chime"; but they also use variations on it with different instruments, or with people (e.g. Jim and Pam from "The Office" singing it). And you can bet that if a competing network used the same chimes played by a different instrument (even something NBC has never used before, like a theremin), you can bet they'd be slapped with trademark infringement right quick.
Trademark is about the relationship between a mark and a company or symbol. If the relationship is strong enough, and well-known enough, there's probably a case to be made for it. Not knowing the details of this particular instance, we can't say, but it's not an absurd argument.
However, 'dynamically' generated sounds like someone blowing a duck call - how can that be 'sound marked'? After all, every time someone blows a duck call, the sound will be *slightly* different, unique, if you will.
You're probably thinking too much like a computer person, and not enough like a lawyer. I'm betting NBC's sound mark isn't a specific recording of the chimes - they've got lots of different instruments and timbres playing those chimes, even people humming them on their adverts. Ride the Ducks was able to get a trademark on its sound, so it must have been able to specify something in its paperwork. Whether it's enough to support their lawsuit is a different story.
Anyhow, people have been using duck calls for many, many years (uhh, hunters, bioloigsts?) How can one company trademark something people have been doing forever.
Because this is trademark, not patent. The issue is whether there is an association between the mark and the company or product. It's not like them defending the trademark forces hunters/biologists to stop using duck calls. It would just enjoin the other tour company from using a similar duck call (where "similar" will have to be decided by the facts of the case).
Look at Qualitex again, though. The green-gold color is arbitrary. The only reason it's able to be trademarked is because it has acquired a secondary meaning. The same would apply here - if the tour company is associated with these duck sounds enough, the sounds may have acquired a secondary meaning.
Any injunction against use would also only apply to other tour companies, not people using duck calls in general. (Though with trademark dilution, its possible that related business areas would be encompassed as well)
I was thinking along those lines, but apparently these "duck tours" have nothing to with actual ducks, instead referring to the amphibious vehicle the sightseeing tours are conducted in. So the duck calls aren't functional (or if they are, it's incidental).
Generally, though, if they were functional, you'd be right, it shouldn't be a subject for trademark.
Seriously, though, after Qualitex, there's no reason to think that sounds can't be trademarked just because they're sounds. The NBC chimes are a great example. They might run into problems if the duck calls are made with the purpose of closely imitating natural sounds, though...
There is no creative work in putting the same notes on a new sheet of paper. Regardless of tediousness, doing so is not copyrightable
It is copyrightable for a number of different reasons, but the main one being that in almost all cases, modern editions of sheet music are not note-for-note transcriptions of original works. There actually are differences in notation across the centuries, and music historians also do things like reconcile different versions of the same work, etc.
It would be like the concept of translating a book, in that it's a "different language", or a different symbolic representation thereof.
In fact, translations of public domain works are also copyrightable (this is why a new translation of some classic work like Plato's Republic is copyrighted). And this I actually agree with, since translation is much, much harder work than simply transcription.
Technically not ALL music is has copyright. Thank goodness the great composers of the last few hundred years didn't have this blood sucking legal mumbo jumbo.
Not really... While it's true that those original compositions wouldn't be copyrighted, any modern version (i.e., any version you'd find in a book of sheet music) is copyrighted, under the theory that the editor/music historian who transcribed from the original notation to the modern version added enough creative work to qualify for copyright.
Also, any modern (i.e., made within the past few decades) sound recording of the work being performed would also be copyrighted, regardless of whether the composition itself is copyrighted or public domain.
If the summary is accurate, whoever wrote this needs an encounter with a clue-by-four. Let's not even bother with stuff like Creative Commons licenses or public domain recordings - just take the briefing at face value for a minute. All music is copyrighted; downloading copyrighted material is stealing; therefore, downloading music is stealing.
Do they also not realize that in every Berne signatory country, all "creative" written text (i.e. anything other than raw facts), drawings, and photographs are also automatically copyrighted? So, using that logic, downloading any text or images is stealing. Congratulations, you've just made the entire Internet illegal!
Re:The problem is service provider sloppyness
on
Real-Time Keyloggers
·
· Score: 1
FYI, I just looked at the BoA site and I don't see the problem you describe. Maybe it's a regional thing? Also, ING has a similar picture based system.
Uh, you aware that that only applies to works of the federal government, right? Of which Metro-North railroad is most certainly not a part... state laws vary.
To complicate things even more, people need to realize that "increasing life expectancy" isn't necessarily the right goal. Quality of life matters too - living to be 85 might be great, but then again it might not be if you have to be dealing with chemotherapy and radiation your last decade.
That's why people in public health use more sophisticated measures like QALYs and DALYs. "Adding years to your life" is really only a blessing if they're healthy years.
The only thing of his I've read is "The Road", which is a great post-apocalyptic novel. I do remember his style was a little unusual... it's been a few years, but I'm thinking sentence fragments, half-finished thoughts, etc.
Whatever it was, though, it wasn't distracting enough to prevent me from finishing the book. I'm trying to read some Margaret Atwood now, and not really enjoying it...
Sure, 10 lbs is heavy, but this would be a first version. That, and the summary says 10 lbs and under. 10 lbs is probably the maximum weight they asked for in their request for proposals.
On the other hand, imagine if they got it down to the size of a tennis ball or golf ball, and it only weighed a couple ounces. You could throw several into an area simultaneously, or throw them at night... I feel like I've seen several sci-fi or action films where the protagonist rolls a little ball with a camera around a corner.
Charging different prices in different markets isn't price fixing, it's price discrimination. Those are totally different things.
Price discrimination is what museums do when they offer student and senior discounts. Or, it's what the street vendor does when he sees you're wearing nice clothes are tells you your trinket is $10, instead the $5 he just sold one for to the people in old jeans.
Price fixing would be if all the sellers in a market got together and agreed not to sell to anyone below a certain price.
I'm not saying I like DVD region coding, or that it's good for consumers. And yeah, it would create opportunities for arbitrage (or with DVD players, it creates a market for region-free players - or you're like my Russian friend, who just has two DVD players). The interesting thing will be to see what Microsoft does to prevent arbitrage.
It relies on advanced authentication mechanism that involves the (potential) user spelling several words: honour, colour, etc. If the user misses any "u", it refuses to activate.
If anti-copyright proponents would be unhypocritical, they would demand that software be downloadable for "sharing" among friends. That they only make this claim for music shows and video shows that there is a fundamental difference between software and music in their minds.
Really? I think if you actually went and asked people who make that claim for music and video, they'd say the same thing for software. Most of the "anti-copyright" arguments I've heard revolve around the nature of IP itself (being non-exclusive and non-rival) and don't have anything to do with "the ephemeral nature of music." Sounds like you've just set up a strawman.
Also, not that "anti-copyright proponent" is the right way to describe RMS, but he certainly does argue that free software should be shareable - it's one of the four freedoms.
You should also be aware that federal motor fuel taxes are higher for diesel than for gasoline; and the same is true for every state tax I've seen as well.
Slashdot Mirror
Hulu was the first site I checked, and no, it doesn't work. Apparently Hulu used to work with Flash 9, but now requires Flash 10 (I have my suspicions this new requirement was added to prevent embedded browsers like the Wii's Opera from being able to use it).
However, there is software called "PlayOn" that will act as a UPnP server and stream Hulu content to the Wii. It's not free and requires Windows.
If spun was using the "quality" example because he thought that the Qualitex case was about trademarking words, then he too is incorrect.
In which case both of you should have read my original link.
The question of "exhaustion" was actually brought up in the Qualitex case, the argument being that if they were allowed to trademark that particular color, then someone else would trademark another color, and pretty soon there'd be no colors left.
The court didn't buy it, though; IIRC they basically said that there's no evidence that is actually happening, and if/when it does happen, it can be dealt with then.
You should probably read the link I originally posted, since the Qualitex case has nothing to do with the word quality. The issue was whether a color could be trademarked.
That's pretty much what I thought - they give the notes, including octave. But they don't specify any particular instrument, or give any listing of instruments. Perhaps there's a sound recording that accompanies the filing, but it's not mentioned there.
I already commented on this elsewhere, but actually NBC chimes are NOT consistent. Yes, there is the well-known "chime"; but they also use variations on it with different instruments, or with people (e.g. Jim and Pam from "The Office" singing it). And you can bet that if a competing network used the same chimes played by a different instrument (even something NBC has never used before, like a theremin), you can bet they'd be slapped with trademark infringement right quick.
Trademark is about the relationship between a mark and a company or symbol. If the relationship is strong enough, and well-known enough, there's probably a case to be made for it. Not knowing the details of this particular instance, we can't say, but it's not an absurd argument.
However, 'dynamically' generated sounds like someone blowing a duck call - how can that be 'sound marked'? After all, every time someone blows a duck call, the sound will be *slightly* different, unique, if you will.
You're probably thinking too much like a computer person, and not enough like a lawyer. I'm betting NBC's sound mark isn't a specific recording of the chimes - they've got lots of different instruments and timbres playing those chimes, even people humming them on their adverts. Ride the Ducks was able to get a trademark on its sound, so it must have been able to specify something in its paperwork. Whether it's enough to support their lawsuit is a different story.
Anyhow, people have been using duck calls for many, many years (uhh, hunters, bioloigsts?) How can one company trademark something people have been doing forever.
Because this is trademark, not patent. The issue is whether there is an association between the mark and the company or product. It's not like them defending the trademark forces hunters/biologists to stop using duck calls. It would just enjoin the other tour company from using a similar duck call (where "similar" will have to be decided by the facts of the case).
Look at Qualitex again, though. The green-gold color is arbitrary. The only reason it's able to be trademarked is because it has acquired a secondary meaning. The same would apply here - if the tour company is associated with these duck sounds enough, the sounds may have acquired a secondary meaning.
Any injunction against use would also only apply to other tour companies, not people using duck calls in general. (Though with trademark dilution, its possible that related business areas would be encompassed as well)
I was thinking along those lines, but apparently these "duck tours" have nothing to with actual ducks, instead referring to the amphibious vehicle the sightseeing tours are conducted in. So the duck calls aren't functional (or if they are, it's incidental).
Generally, though, if they were functional, you'd be right, it shouldn't be a subject for trademark.
Pun intended?
Seriously, though, after Qualitex, there's no reason to think that sounds can't be trademarked just because they're sounds. The NBC chimes are a great example. They might run into problems if the duck calls are made with the purpose of closely imitating natural sounds, though...
There is no creative work in putting the same notes on a new sheet of paper. Regardless of tediousness, doing so is not copyrightable
It is copyrightable for a number of different reasons, but the main one being that in almost all cases, modern editions of sheet music are not note-for-note transcriptions of original works. There actually are differences in notation across the centuries, and music historians also do things like reconcile different versions of the same work, etc.
It would be like the concept of translating a book, in that it's a "different language", or a different symbolic representation thereof.
In fact, translations of public domain works are also copyrightable (this is why a new translation of some classic work like Plato's Republic is copyrighted). And this I actually agree with, since translation is much, much harder work than simply transcription.
Technically not ALL music is has copyright. Thank goodness the great composers of the last few hundred years didn't have this blood sucking legal mumbo jumbo.
Not really... While it's true that those original compositions wouldn't be copyrighted, any modern version (i.e., any version you'd find in a book of sheet music) is copyrighted, under the theory that the editor/music historian who transcribed from the original notation to the modern version added enough creative work to qualify for copyright.
Also, any modern (i.e., made within the past few decades) sound recording of the work being performed would also be copyrighted, regardless of whether the composition itself is copyrighted or public domain.
If the summary is accurate, whoever wrote this needs an encounter with a clue-by-four. Let's not even bother with stuff like Creative Commons licenses or public domain recordings - just take the briefing at face value for a minute. All music is copyrighted; downloading copyrighted material is stealing; therefore, downloading music is stealing.
Do they also not realize that in every Berne signatory country, all "creative" written text (i.e. anything other than raw facts), drawings, and photographs are also automatically copyrighted? So, using that logic, downloading any text or images is stealing. Congratulations, you've just made the entire Internet illegal!
FYI, I just looked at the BoA site and I don't see the problem you describe. Maybe it's a regional thing? Also, ING has a similar picture based system.
Uh, you aware that that only applies to works of the federal government, right? Of which Metro-North railroad is most certainly not a part... state laws vary.
It's not just precedent - maps were explicitly included in the original Copyright Act of 1790.
To complicate things even more, people need to realize that "increasing life expectancy" isn't necessarily the right goal. Quality of life matters too - living to be 85 might be great, but then again it might not be if you have to be dealing with chemotherapy and radiation your last decade.
That's why people in public health use more sophisticated measures like QALYs and DALYs. "Adding years to your life" is really only a blessing if they're healthy years.
The only thing of his I've read is "The Road", which is a great post-apocalyptic novel. I do remember his style was a little unusual... it's been a few years, but I'm thinking sentence fragments, half-finished thoughts, etc.
Whatever it was, though, it wasn't distracting enough to prevent me from finishing the book. I'm trying to read some Margaret Atwood now, and not really enjoying it...
Sure, 10 lbs is heavy, but this would be a first version. That, and the summary says 10 lbs and under. 10 lbs is probably the maximum weight they asked for in their request for proposals.
On the other hand, imagine if they got it down to the size of a tennis ball or golf ball, and it only weighed a couple ounces. You could throw several into an area simultaneously, or throw them at night... I feel like I've seen several sci-fi or action films where the protagonist rolls a little ball with a camera around a corner.
Charging different prices in different markets isn't price fixing, it's price discrimination. Those are totally different things.
Price discrimination is what museums do when they offer student and senior discounts. Or, it's what the street vendor does when he sees you're wearing nice clothes are tells you your trinket is $10, instead the $5 he just sold one for to the people in old jeans.
Price fixing would be if all the sellers in a market got together and agreed not to sell to anyone below a certain price.
I'm not saying I like DVD region coding, or that it's good for consumers. And yeah, it would create opportunities for arbitrage (or with DVD players, it creates a market for region-free players - or you're like my Russian friend, who just has two DVD players). The interesting thing will be to see what Microsoft does to prevent arbitrage.
It relies on advanced authentication mechanism that involves the (potential) user spelling several words: honour, colour, etc. If the user misses any "u", it refuses to activate.
But see, if your car's steering wheel plugged into the car via USB, that'd probably be a legitimate demand.
If anti-copyright proponents would be unhypocritical, they would demand that software be downloadable for "sharing" among friends. That they only make this claim for music shows and video shows that there is a fundamental difference between software and music in their minds.
Really? I think if you actually went and asked people who make that claim for music and video, they'd say the same thing for software. Most of the "anti-copyright" arguments I've heard revolve around the nature of IP itself (being non-exclusive and non-rival) and don't have anything to do with "the ephemeral nature of music." Sounds like you've just set up a strawman.
Also, not that "anti-copyright proponent" is the right way to describe RMS, but he certainly does argue that free software should be shareable - it's one of the four freedoms.
You should also be aware that federal motor fuel taxes are higher for diesel than for gasoline; and the same is true for every state tax I've seen as well.
Exactly what I was thinking. Patry should hang on out slashdot more often - there are blenty of anti-BSA horror stories posted here.
Then of course there's the irony of seeing BSA ads on Slashdot, encouraging disgruntled employees to report licensing problems of their employers.
(Ever since /. offered to disable advertising as a way of "thanking you for your positive contributions", I've turned off AdBlock here...)