If we assume for the moment that they had thought of consulting an
attorney when they first embarked on this project, would it have made
a difference? I mean, seeing as the DMCA didn't actually exist in '98,
how could they have made some plan to defend themselves against
prosecution under it.
Crittenden: We probably should have talked to a lawyer years ago to
get an opinion on whether what we were doing was legal or not. I'm not
sure how much it would have helped in this case. But it might have
gotten us into a conversation with Blizzard much earlier, and perhaps
in a less confrontational way.
"Man of Steel, Woman of Kleenex" not right
on
Comic Book Physics
·
· Score: 2
I don't think it would be a smart idea to get too deep into this on
Slashdot, but the physics of "Man of Steel, Woman of Kleenex"
aren't DC-universe-correct in several places.
For example, it's pretty well established in the DC unverse that humans can
receive a blood transfusion from Superman, and they don't die of
hemorrhage from super blood cells perforating their arteries and veins.
So every Kryptonian cell is not "super"-harmful.
Also, Superman is not a total idiot, so he'll undoubtedly be watching a
pregnant wife very closely for possible complications from a super-fetus
(X-ray vision's better than ultra-sound!). And take action at the first
sign of a problem. It's not like they don't have an inkling that it's a
high-risk pregnancy.
Spider-Man catching falling Gwen Stacey
on
Comic Book Physics
·
· Score: 3, Informative
Gwen is knocked from a bridge by the evil Green Goblin, but
Spider-Man catches her with his webbing an instant before she
hits the water. When Spider-Man pulls her up, he discovers to
his horror that she is dead.
While Spidey was shocked, Kakalios was not.
The professor estimated Gwen's falling velocity, applied Newton's
Second Law of Motion and calculated the G-forces exerted when she went
from 95 mph to a standstill in an instant. "It's not surprising her
neck broke," Kakalios says.
The consensus seems to be that the sudden stop broke her neck, but
that this was more a failed rescue attempt at someone who going to die
anyway, than a problem totally unknown to Spidey. That is, he was shocked
because he thought he'd been able to save her, and failed. Not that
he didn't know that he could fail.
Any body suspended in space will remain in space until made aware of
its situation.
Example
Daffy Duck steps off a cliff, expecting further pastureland. He
loiters in midair, soliloquizing flippantly, until he chances to look
down. At this point, the familiar principle of 32 feet per second
squared takes over.
In defense of Richard Stallman, role he plays
on
The Stallman Factor
·
· Score: 5, Insightful
One aspect which seems to be overlooked by commentators: A person
generally doesn't do well by sitting back and waiting for recognition
to be given to them. People seem to have a role to they assign Stallman.
I think roughly the concept is that they think he should be their
imagined idea of an absent-minded professor - quirky but
harmless, amusing but not grating, and notably self-effacing.
Hard-driving people tend not to be like that!
They promote their causes, their organizations, even themselves.
Because if they don't do it, they tend to get run-over by
others who are doing it.
Stallman is the CEO of a foundation. Compare him to other CEO's of
foundations, and see how he ranks then. But it's not an easy job.
Five computer security firms join Microsoft to set an official
standard for limiting disclosure of software security holes
By Kevin Poulsen, Nov 9 2001 3:04AM
MOUNTAIN VIEW, Calif.--Microsoft and five major computer security
companies rounded up the three-day Trusted Computing Forum on Thursday
by formally announcing a coalition against full disclosure of computer
vulnerability information, ending a week of intense speculation, and
immediately sparking controversy.
...
A chief objective of the group is to discourage 'full disclosure,' the
common practice of revealing complete details about security holes,
even if publication might aide attackers in exploiting them. 'If it becomes hard to release vulnerabilities, that's a good way for
Microsoft to get rid of some embarrassment.'
-- Marc Maiffret, eEye Digital Security
These are good background to understand the concepts. Don't believe
everything you read on Slashdot (though this sentence is one of the things you should believe:-) ).
At argument, the Court asked whether "fair use" meant a right to
access the work in the technologically most usable form. The short
answer is that fair use extends to works in whatever form they are
offered to the public.
The longer answer is that, since fair use is the safety valve by which
the First Amendment and copyright exist peacefully, if different media
permit different levels of individual expression through fair use,
then decisions by Congress to impede the most useful means require
justification under the First Amendment. A prohibition on using copy
machines to make fair use could not be answered - under today's First
Amendment law - with the retort that one can hire monks to scribe the
relevant passages.
Unfortunately, the courts so far seem to be holding the opposite:-(
On March 4, 2002, the court heard defendant Elcom Ltd.'s motion to dismiss the indictment for lack of subject matter
jurisdiction. Having considered the papers submitted by the parties and the arguments made at the hearing on the motion,
defendant's motion is denied.
The court need not reach the issue of whether the Digital Millennium
Copyright Act has extraterritorial application because the trafficking
conduct for which defendants have been charged occurred in the United
States. The conduct which underlies the indictment includes
Elcomsoft's offering its AEBPR program for sale over the internet,
from a computer server physically located in the United
States. Purchasers obtained copies of the program in the United
States. A copy of the program was sold to a purchaser in
California. Payments were directed to, and received by, an entity in
the United States.
There is sufficient conduct occurring within the United States for
there to be subject matter jurisdiction over this matter on a
territorial basis.
The echo cancelling software (ec_v2.5.tar.gz) that is applied to
telephone data, may be obtained from Mississippi State University.
The LDC has provided a perl script (mu_ec.perl) that will take a
sphere-headered, 2-channel mu-law waveform file as input, apply the
MSU/ISIP echo cancellation software, and produce a sphere-headered,
2-channel mu-law waveform file as output.
There's lots of biofeedback-based little projects. There's even
biofeedback development
SDKs, so that you can roll your own if you're interested.
For example, take
a look at the (emphasis added):
WaveRider DDE Software Developers' Kit
The WaveRider DDE SDK provides a platform for rapid prototype and
development of Windows applications in the fields of medicine,
biofeedback, Virtual Reality and game development.
Windows XP Embedded is the componentized version of
the leading desktop operating system, enabling rapid development of
the most reliable and full-featured connected devices. Based on the
same binaries as Windows XP Professional, Windows XP Embedded enables
embedded developers to individually select only the
rich features they need for customized, reduced-footprint embedded
devices.
Affective computing is computing that relates to, arises from, or
deliberately influences emotions. Our research focuses on creating
personal computational systems endowed with the ability to sense,
recognize and understand human emotions, together with the skills to
respond in an intelligent, sensitive, and respectful manner toward the
user and his/her emotions. We are also interested in the development
of computers that aid in communicating human emotions, computers that
assist and support people in development of their skills of
social-emotional intelligence, and computers that "have" emotional
mechanisms, as well as the intelligence and ethics to appropriately
manage, express, and otherwise utilize these "emotions." Embracing the
latter goal of "giving machines emotions" is perhaps the most
controversial, and is based on a variety of scientific findings, which
include indications that emotion plays a crucial role in enabling a
resource-limited system to adapt intelligently to complex and
unpredictable situations.
...
We understand that this research may involve gaining access to the
emotional life of a person, including information that may be highly
personal, intimate, and private. This work is inherently motivated by
respect for human feelings, and therefore must respond with respect to
a person's desire for privacy. Our default is to protect a person's
privacy throughout our research, as well as in the tools we
develop. We appreciate the potentially sensitive nature of our work,
and feel strongly that the work we do adheres both to the highest
ethical standards and the most fundamental human values. We made an
effort to detail this policy.
Date: Mon, 6 May 2002 14:40:12 -0700
Sender: Spam Prevention Discussion List
From: Nick Nicholas
Subject: COURT: MAPS Sues Former Employee and DUL Founder, Gordon Fecyk
I have been a strongly outspoken supporter of MAPS for many years.
When I was at pacbell.net I nearly had a heart attack when Paul Vixie
called in 1997 to warn us that we were about to be listed in the MAPS RBL
for running unsecured mail servers. But I supported his actions even
then. Indeed, his call was very helpful in speeding up the bureaucracy at
pacbell.net and getting the unsecured mail servers closed to relaying even
more quickly. I appreciated Paul's willingness to work with us on
resolving our problems.
I wanted pacbell.net to use the MAPS RBL, but instead I was instructed by
management to compile my own list. I felt my meager efforts could not
compare to the quality of the RBL made available by MAPS, but,
unfortunately, my own wishes were overruled.
When Paul offered me the opportunity to become Executive Director of MAPS
in December 1998, it was an offer I simply could not refuse, and for the
next year and a half I was one of the leading cheerleaders for MAPS.
Even though I left MAPS in August 1999, it was an amicable departure. Soon
afterwards I was hired as Chief Privacy Officer for a company in the direct
marketing industry, and I still continued to defend MAPS against its many
critics in that industry.
Last year I decided to write a book about the history of MAPS. My intent
was to focus on the companies that sued MAPS and abused the legal system in
order to prevent MAPS from exercising its legitimate free speech rights. I
wanted to portray Paul and Dave Rand as beleaguered but slightly flawed heroes.
However, my opinion of MAPS was forever changed this past April when it
decided to sue DUL founder, Gordon Fecyk, after Gordon attempted to
exercise a December 1998 contract he entered into with Paul Vixie in his
capacity as MAPS CEO.
My overview of this matter, as well as copies of court documents filed in
the case, can be found at the following URL:
It seems that MAPS has learned a great deal from the lawsuits brought
against it by Harris Interactive and others, and has adopted the same slimy
tactics. In particular, the affidavits filed by Margie Arbon and Anne
Mitchell are full of factual errors and material misrepresentations. I
will add my commentary on these affidavits at a later date.
A hearing will be held in the Manitoba court tomorrow (5/7). We will add
additional info as soon as possible.
Gordon may have to sell his car in order to pay his not inconsequential
legal bills. Is anyone interested in making a contribution to help Gordon
with his legal expenses? If so, please send your contributions to Gordon's
attorneys at the following address:
Cassidy Ramsay
385 St. Mary Avenue, 2nd Floor
Winnipeg, Manitoba R3C 0N1
CANADA
Checks or money orders should be made out to Cassidy Ramsay
Be sure to include a note with your contribution stating that it is on
behalf of Gordon Fecyk in the Mail Abuse Prevention System v. Fecyk case.
All contributions will be placed in a trust fund by the law firm and used
solely to cover Gordon's legal expenses.
Contributors will receive an acknowledgement from Cassidy Ramsay. However,
all contributions are covered by attorney-client privilege, and thus the
identities of contributors will remain anonymous. Information about
contributions *cannot* be obtained by MAPS through the discovery process.
I cannot describe how much it saddens me that it has become necessary for
me to bring all of these disturbing facts to light, but I think it is
essential for the Internet community to be aware of what MAPS has
become. MAPS is no longer devoting its energy to fighting spam and
co-operating with others in that fight, but instead is suing a former
employee who attempted to exercise his legitimate rights pursuant to a
contract with MAPS. I find it extremely ironic that an organization which
is currently soliciting donations to its own legal defense fund would now
be using its limited resources to pursue litigation against a former employee.
"This printer is licensed to you, not sold. By printing anything with
this printer, you indicate your agreement to use only genuine
HI-PRIKED replacement ink cartridges. Any other use invalidates your
license. You may terminate this agreement by destroying the printer."
This will be called a breakthrough in ineffectual property.
There are graceful and non-graceful ways for a company to handle a
lack of cash flow. In the scramble for survival, especially in an
economic downturn, many companies are caught off-guard and have to
show their shareholders that they are doing something to get the
company back on the road to profitability (which seems to be the
issue, here). In many of these cases, the group most affected by such
changes are the employees. It would be interesting to note how many of
you have gone through this before and what you had to do to survive
the shortfall.
It seems to me an initial problem is that, by
definition, the
"community website" is only going to be used by people who
like to use websites. Now, everyone reading/posting here is obviously part of
that group. And hardcore to boot.
But I wonder just how large a part it is, of the
geographic community. It seems it'll cut-out almost everyone
older, busy, or just not interested in playing with tech-toys.
If the community has a lot of younger professionals, maybe it works. But if there are
a lot of older retirees, maybe it doesn't.
Caffeine is toxic to the blood, lungs, nervous system, and mucous
membranes. It is a human poison by ingestion and is a slight irritant
of the skin and eye. The oral LD50 for caffeine is 127 mg/kg (mouse);
the oral TD Lo for man is reported as 13 mg/kg.
Signs/Symptoms of Overexposure:
Exposure to ingested caffeine can cause
convulsions, muscle spasms, tremors, poor muscle coordination, vomiting, and
blood pressure increase. Continued excessive use in tea or coffee may lead to
digestive disturbances, constipation, palpitations, shortness of
breath, cardiac disorders, and depressed mental states.
Apparently, you'd have to drink a lot
of coffee to get a lethal dose.
But it does seem to possible to kill yourself (or approach it) with
caffeine pills.
First, the researchers decided to spray the frogs
with an overdose of caffeine.
"It's like they have a heart attack," Matayoshi
explained, "from like a hundred cups of coffee."
The scene is not pretty. "They freak out," said
Matayoshi, the hunter who is not unsympathetic to
his prey.
Frogs on a hundred cups of coffee... what an image. Lots of
little cappuccino cups?
Slashdot Mirror
This is addressed in the last part of the article:
(emphasis added)
Sig: What Happened To The Censorware Project (censorware.org)
For example, it's pretty well established in the DC unverse that humans can receive a blood transfusion from Superman, and they don't die of hemorrhage from super blood cells perforating their arteries and veins.
So every Kryptonian cell is not "super"-harmful.
Also, Superman is not a total idiot, so he'll undoubtedly be watching a pregnant wife very closely for possible complications from a super-fetus (X-ray vision's better than ultra-sound!). And take action at the first sign of a problem. It's not like they don't have an inkling that it's a high-risk pregnancy.
Sig: What Happened To The Censorware Project (censorware.org)
This story-point has in been fact been subject to much, much debate and discussion by fans.
The consensus seems to be that the sudden stop broke her neck, but that this was more a failed rescue attempt at someone who going to die anyway, than a problem totally unknown to Spidey. That is, he was shocked because he thought he'd been able to save her, and failed. Not that he didn't know that he could fail.
Sig: What Happened To The Censorware Project (censorware.org)
Sig: What Happened To The Censorware Project (censorware.org)
Read it off the Google cache
(Note to people accusing me of karma-whoring: The search formatting above is non-obvious)
Sig: What Happened To The Censorware Project (censorware.org)
Hard-driving people tend not to be like that!
They promote their causes, their organizations, even themselves.
Because if they don't do it, they tend to get run-over by others who are doing it.
Stallman is the CEO of a foundation. Compare him to other CEO's of foundations, and see how he ranks then. But it's not an easy job.
Sig: What Happened To The Censorware Project (censorware.org)
Microsoft Reveals Anti-Disclosure Plan
(emphasis in original)
Sig: What Happened To The Censorware Project (censorware.org)
Sig: What Happened To The Censorware Project (censorware.org)
Free speech vs. Copyright:
Freedom Of Speech And Injunctions In Intellectual Property Cases (Mark A. Lemley, Eugene Volokh)
Fair Use in terms of First Amendment:
Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings Of Fair Use Remain An Open Question
General Digital Copyright:
Selected Papers by Pamela Samuelson
These are good background to understand the concepts. Don't believe everything you read on Slashdot (though this sentence is one of the things you should believe :-) ).
Sig: What Happened To The Censorware Project (censorware.org)
Fair use doesn't mean that one can hire monks to scribe
I take this from the EFF Supplemental Letter Brief in Corley v. Universal appeal
Unfortunately, the courts so far seem to be holding the opposite :-(
Sig: What Happened To The Censorware Project (censorware.org)
Sig: What Happened To The Censorware Project (censorware.org)
Notably, a lead such as: http://www.nist.gov/speech/tests/ctr/h5e_97/echoca n.htm
Sig: What Happened To The Censorware Project (censorware.org)
WaveRider
Sig: What Happened To The Censorware Project (censorware.org)
(emphasis added)
Sig: What Happened To The Censorware Project (censorware.org)
http://affect.media.mit.edu/AC_affect.html, and description
Sig: What Happened To The Censorware Project (censorware.org)
Would that be a chicken bone?
Sig: What Happened To The Censorware Project (censorware.org)
http://www.claws-and-paws.com/spam-l/
Search and archives are at:
http://peach.ease.lsoft.com/archives/spam-l.html
But you have to be a subscriber to use the above.
Sig: What Happened To The Censorware Project (censorware.org)
Sender: Spam Prevention Discussion List
From: Nick Nicholas
Subject: COURT: MAPS Sues Former Employee and DUL Founder, Gordon Fecyk
I have been a strongly outspoken supporter of MAPS for many years.
When I was at pacbell.net I nearly had a heart attack when Paul Vixie called in 1997 to warn us that we were about to be listed in the MAPS RBL for running unsecured mail servers. But I supported his actions even then. Indeed, his call was very helpful in speeding up the bureaucracy at pacbell.net and getting the unsecured mail servers closed to relaying even more quickly. I appreciated Paul's willingness to work with us on resolving our problems.
I wanted pacbell.net to use the MAPS RBL, but instead I was instructed by management to compile my own list. I felt my meager efforts could not compare to the quality of the RBL made available by MAPS, but, unfortunately, my own wishes were overruled.
When Paul offered me the opportunity to become Executive Director of MAPS in December 1998, it was an offer I simply could not refuse, and for the next year and a half I was one of the leading cheerleaders for MAPS.
Even though I left MAPS in August 1999, it was an amicable departure. Soon afterwards I was hired as Chief Privacy Officer for a company in the direct marketing industry, and I still continued to defend MAPS against its many critics in that industry.
Last year I decided to write a book about the history of MAPS. My intent was to focus on the companies that sued MAPS and abused the legal system in order to prevent MAPS from exercising its legitimate free speech rights. I wanted to portray Paul and Dave Rand as beleaguered but slightly flawed heroes.
However, my opinion of MAPS was forever changed this past April when it decided to sue DUL founder, Gordon Fecyk, after Gordon attempted to exercise a December 1998 contract he entered into with Paul Vixie in his capacity as MAPS CEO.
My overview of this matter, as well as copies of court documents filed in the case, can be found at the following URL:
http://www.lawsuitinfo.com
It seems that MAPS has learned a great deal from the lawsuits brought against it by Harris Interactive and others, and has adopted the same slimy tactics. In particular, the affidavits filed by Margie Arbon and Anne Mitchell are full of factual errors and material misrepresentations. I will add my commentary on these affidavits at a later date.
A hearing will be held in the Manitoba court tomorrow (5/7). We will add additional info as soon as possible.
Gordon may have to sell his car in order to pay his not inconsequential legal bills. Is anyone interested in making a contribution to help Gordon with his legal expenses? If so, please send your contributions to Gordon's attorneys at the following address:
Cassidy Ramsay
385 St. Mary Avenue, 2nd Floor
Winnipeg, Manitoba R3C 0N1
CANADA
Checks or money orders should be made out to Cassidy Ramsay
Be sure to include a note with your contribution stating that it is on behalf of Gordon Fecyk in the Mail Abuse Prevention System v. Fecyk case.
All contributions will be placed in a trust fund by the law firm and used solely to cover Gordon's legal expenses.
Contributors will receive an acknowledgement from Cassidy Ramsay. However, all contributions are covered by attorney-client privilege, and thus the identities of contributors will remain anonymous. Information about contributions *cannot* be obtained by MAPS through the discovery process.
I cannot describe how much it saddens me that it has become necessary for me to bring all of these disturbing facts to light, but I think it is essential for the Internet community to be aware of what MAPS has become. MAPS is no longer devoting its energy to fighting spam and co-operating with others in that fight, but instead is suing a former employee who attempted to exercise his legitimate rights pursuant to a contract with MAPS. I find it extremely ironic that an organization which is currently soliciting donations to its own legal defense fund would now be using its limited resources to pursue litigation against a former employee.
Regards,
Nick
Review: Code of Ethics for Programmers?
I apologize in advance, as it's by Jon Katz.
Sig: What Happened To The Censorware Project (censorware.org)
"This printer is licensed to you, not sold. By printing anything with this printer, you indicate your agreement to use only genuine HI-PRIKED replacement ink cartridges. Any other use invalidates your license. You may terminate this agreement by destroying the printer."
This will be called a breakthrough in ineffectual property.
Sig: What Happened To The Censorware Project (censorware.org)
"Industry Standard" Paycuts in IT? makes good companion reading here.
Sig: What Happened To The Censorware Project (censorware.org)
If the community has a lot of younger professionals, maybe it works. But if there are a lot of older retirees, maybe it doesn't.
Sig: What Happened To The Censorware Project (censorware.org)
One of the things I've learned in my anticensorware work is that talk is cheap, but lawyers are expensive.
Take a look at The American Open Technology Consortium and GeekPAC
They've posted $600 in pledges so far. This does not look like a hot party.
Sig: What Happened To The Censorware Project (censorware.org)
Apparently, you'd have to drink a lot of coffee to get a lethal dose. But it does seem to possible to kill yourself (or approach it) with caffeine pills.
Sig: What Happened To The Censorware Project (censorware.org)
Frogs on a hundred cups of coffee ... what an image. Lots of
little cappuccino cups?
Sig: What Happened To The Censorware Project (censorware.org)