That's not circumstantial evidence. You had his blood on yourself and a blunt instrument and he had been bludgeoned to death. It would be hard to convince the jury that the blood had got there some other way.
Circumstantial evidence would have been that he'd been bludgeoned to death and you'd been accused because you owned an iron. No blood, no argument, no death threats. You'd been seen walking down the street with the iron at around the time of the guy's death, but you were just lending it to someone else, and they testify to this fact in court. Should you be put to death?
Back to the case from the article, it's clear that he was illegally sharing the files via KaZaA. According to the pdf, he's practically admitted to it.
I'd call circumstantial evidence of copyright infringement to be just having the mp3s on your pc, not in a KaZaA shared folder.
FTPDF (From The PDF):
First, Defendant actually distributed the 11 sound recordings listed on Exhibit A to Plaintiffs' Complaint from the KaZaA shared folder on his computer to Plaintiffs' investigator, MediaSentry.
Finally, Defendant acknowledges that he saw evidence of other KaZaA users downloading files from the shared folder on his computer. Seems pretty clear cut to me. He shared the files in his KaZaA share, and they downloaded some and busted him for it. He even seems to have admitted it.
Though I don't like this:
Second, because online "piracy typically takes place behind closed doors and beyond the watchful eyes of a copyright holder," Warner Bros. Records, Inc. v. Payne, Case No. W-06-CA-051, slip opinion at 7 (W.D. Texas July 17, 2006) (Exhibit B hereto), Plaintiffs should be allowed to prove actual distribution based on circumstantial evidence. Proof based on circumstantial evidence!?
I accidentally filled my keyboard with apple juice. Turns out it didn't have any drainage holes in it.
Even after washing it out, it didn't work for a couple of days. Obviously I hadn't dried it properly the first time, because leaving it by the radiator for a few nights seemed to do the trick and now it works again.
It's marked "system" as well. If anything, THAT attribute should have been respected. An installer should always think twice about removing system files.
The patch actually deleted the system boot.ini, it doesn't over-write it or replace it with a game config file.
I don't know where that "fact" came from.
Trust me, I was one of the people who had their boot.ini deleted by the patch, followed by (on next boot) my machine displaying some warning about boot.ini being missing, and then proceeding to boot anyway.
Uninstallers and patches are rarely tested fully. For patches, normally problems stem from the company having only ever tested the clean game at the latest build, or having only tested patching from a clean install of the original retail copy.
Also, this EVE patch wouldn't "brick" an XP SP2 machine that had Windows installed to the primary partition of the primary drive (i.e. most pcs), because Windows XP SP2 will automatically try to boot that if it fails to find boot.ini. Assuming they did test the patch, this would explain why they didn't notice.
It doesn't over-write the system boot.ini, it merely deletes it.
If you have XP SP2 and have it installed to the first partition of your primary drive, it should boot without it.
The people who are affected the most seem to be people with vendor-built pcs where the first partition is for system restore, and the SECOND is Windows itself.
But at least they still sometimes catch on fire. Mine did.
Twice.
The first was a cheap psu that didn't have short-protection. I'd miswired my front mic/headphone sockets (the case used individual pins instead of a solid plug, and the pins, motherboard and motherboard manual were all labelled differently). I plugged in my headset and "BOOM", I lost the psu. And the fuse in the plug. The psu was full of loose peices afterwards, and a lot of black. Oddly, the motherboard and headset both survived.
The second was a dodgy gigabyte motherboard, with an (optional, but it came bundled) add-in card for the voltage converter (12-phase or something stupid, advertised and everything). I thought, "why not? It says it provides more stable power than the on-board circuits, and with sensitive electronics like a cpu it should really help." The add-in board fell out while the pc was on. THAT'S NOT WHAT I CALL STABLE POWER! The motherboard's own power converters (add-in was optional remember, so it did have them) blew out from the sudden load (flames and everything), and I lost the motherboard. Oh, and the cpu. And the graphics card. The psu survived though, I'd learnt that lesson the first time:)
Essentially, don't buy excessively cheap or gimmicky pc parts, they're not worth the fire hazard.
I doubt AMD would reveal the kernel code for altering a cpu's microcode. That would just be asking for trouble. The "patch" is more likely a call into a binary-only kernel plugin.
The patch is under the NDA, the kernel is under GPL, so the resulting work (patched kernel) can't be distributed, because the licenses are incompatible.
The GPL only applies to redistribution. Private-use changes don't have to be GPL'd.
IANAL,TIJHIUI (I Am Not A Lawyer, This Is Just How I Understand It).
A lot of people say original language + subtitles is better than dubbing, though I'm not sure I agree. Look up the English versions of some Japanese animé (like Naruto), then put your hands over your ears. Gah, the horrible horrible voice acting, the screeching, it hurts...
I don't know what you're drinking, but I interpreted "I hope for your sake he's not in China" as meaning that if he was then he would be able to see Chinamen outside his window, invalidating the argument.
The downside is that because my parents know I managed to get TWO during last-year's shortages (from different places), they want me to get another this year...
I'd assume that's worldwide production and the sales figure is US. From one of the article links:
Nintendo's 350,000 Wii systems represent the highest one-week U.S. sales total outside of its launch week one year ago. So yes, that's US sales. From another article link:
We're at a rate now worldwide of about 1.8 million Wiis produced every month So yes, that worldwide production.
In fact:
About 40 percent of Wii sales have been in America So the US only gets 720,000/month, so the 350,000 sold was two weeks' worth, sold in one week (presumably followed by a week of nearly no sales until the next deliveries). As a rough estimate, that means that Nintendo's Wii production is about half what the demand is. And because of this:
It takes about five months for us to increase the actual monthly rate of production ...it's not going to get any better before Christmas.
Take Half-Life 2. When I played this game for the first time I really had bad times figuring out gameplay mechanics. Nobody in the game tells you can use flammable barrels as grenades with your gravity gun. Nobody tells you a lot of things in that game. You just figure them out as you play, in a way maybe intended by developers, but perfectly dressed to make you believe you actually come with the solution by yourself. (Italics by me)
Portal. That game is designed around coercing the player into figuring things out themself. Play it through, then play it again with the commentary on and see how many times they taught you how to do something without you even noticing.
They couldn't make a profit off it if it doesn't end up in stores like Wallmart.
So much money goes in to games that they NEED to sell millions of copies to even break even.
Manhunt 2 was started in 2004 at a studio employing roughly 100 people, and they attempted to release it in 2007. According to Wikipedia several other Rockstar studios were involved, but I'll leave them out for now due to lack of numbers. A rough calculation based on this (average salary pulled firmly out of rear end): 3 years x 100 people x $50,000/person/year = $15,000,000 $15 million just on salaries. Not including studio rent, pcs, dev kits, certification costs, software licenses, printing services, advertising, or drinks. If they got $50 from every sale (and it's nowhere near this, the store owners and console makers take a fair chunk), they'd need to sell 300,000 copies just to cover the developers' salaries.
Factoring everything in, they probably break-even at 2 million sales.
Or using multiple antennas so you can do a spatial analysis of the signals.
Do it right, and you end up receiving the signal you want, and knowing exactly where it is being transmitted from, while also receiving the jamming signal and knowing exactly where THAT is from.
Slashdot Mirror
That's not circumstantial evidence. You had his blood on yourself and a blunt instrument and he had been bludgeoned to death. It would be hard to convince the jury that the blood had got there some other way.
Circumstantial evidence would have been that he'd been bludgeoned to death and you'd been accused because you owned an iron. No blood, no argument, no death threats. You'd been seen walking down the street with the iron at around the time of the guy's death, but you were just lending it to someone else, and they testify to this fact in court. Should you be put to death?
Back to the case from the article, it's clear that he was illegally sharing the files via KaZaA. According to the pdf, he's practically admitted to it.
I'd call circumstantial evidence of copyright infringement to be just having the mp3s on your pc, not in a KaZaA shared folder.
Though I don't like this: Second, because online "piracy typically takes place behind closed doors and beyond the watchful eyes of a copyright holder," Warner Bros. Records, Inc. v. Payne, Case No. W-06-CA-051, slip opinion at 7 (W.D. Texas July 17, 2006) (Exhibit B hereto), Plaintiffs should be allowed to prove actual distribution based on circumstantial evidence. Proof based on circumstantial evidence!?
Amazon are selling them at normal price, £189. For the 6 minutes after each time they get stock anyway.
Everywhere else is selling £350 bundles.
I accidentally filled my keyboard with apple juice. Turns out it didn't have any drainage holes in it.
Even after washing it out, it didn't work for a couple of days. Obviously I hadn't dried it properly the first time, because leaving it by the radiator for a few nights seemed to do the trick and now it works again.
That's "Coulton's "Still Alive"" from the summary.
Check out some of his other music: http://www.jonathancoulton.com/primer/listen
The summary should have said "appears to defy" instead of "apparently defies".
It's marked "system" as well. If anything, THAT attribute should have been respected. An installer should always think twice about removing system files.
It's not, because the summary is wrong.
The patch actually deleted the system boot.ini, it doesn't over-write it or replace it with a game config file.
I don't know where that "fact" came from.
Trust me, I was one of the people who had their boot.ini deleted by the patch, followed by (on next boot) my machine displaying some warning about boot.ini being missing, and then proceeding to boot anyway.
Uninstallers and patches are rarely tested fully. For patches, normally problems stem from the company having only ever tested the clean game at the latest build, or having only tested patching from a clean install of the original retail copy.
Also, this EVE patch wouldn't "brick" an XP SP2 machine that had Windows installed to the primary partition of the primary drive (i.e. most pcs), because Windows XP SP2 will automatically try to boot that if it fails to find boot.ini. Assuming they did test the patch, this would explain why they didn't notice.
It doesn't over-write the system boot.ini, it merely deletes it.
If you have XP SP2 and have it installed to the first partition of your primary drive, it should boot without it.
The people who are affected the most seem to be people with vendor-built pcs where the first partition is for system restore, and the SECOND is Windows itself.
Twice.
The first was a cheap psu that didn't have short-protection. I'd miswired my front mic/headphone sockets (the case used individual pins instead of a solid plug, and the pins, motherboard and motherboard manual were all labelled differently). I plugged in my headset and "BOOM", I lost the psu. And the fuse in the plug. The psu was full of loose peices afterwards, and a lot of black. Oddly, the motherboard and headset both survived.
The second was a dodgy gigabyte motherboard, with an (optional, but it came bundled) add-in card for the voltage converter (12-phase or something stupid, advertised and everything). I thought, "why not? It says it provides more stable power than the on-board circuits, and with sensitive electronics like a cpu it should really help." The add-in board fell out while the pc was on. THAT'S NOT WHAT I CALL STABLE POWER! The motherboard's own power converters (add-in was optional remember, so it did have them) blew out from the sudden load (flames and everything), and I lost the motherboard. Oh, and the cpu. And the graphics card. The psu survived though, I'd learnt that lesson the first time
Essentially, don't buy excessively cheap or gimmicky pc parts, they're not worth the fire hazard.
I doubt AMD would reveal the kernel code for altering a cpu's microcode. That would just be asking for trouble. The "patch" is more likely a call into a binary-only kernel plugin.
The patch is under the NDA, the kernel is under GPL, so the resulting work (patched kernel) can't be distributed, because the licenses are incompatible.
The GPL only applies to redistribution. Private-use changes don't have to be GPL'd.
IANAL,TIJHIUI (I Am Not A Lawyer, This Is Just How I Understand It).
I don't know what you're drinking, but I interpreted "I hope for your sake he's not in China" as meaning that if he was then he would be able to see Chinamen outside his window, invalidating the argument.
It's great isn't it?
The downside is that because my parents know I managed to get TWO during last-year's shortages (from different places), they want me to get another this year...
From another article link: We're at a rate now worldwide of about 1.8 million Wiis produced every month So yes, that worldwide production.
In fact: About 40 percent of Wii sales have been in America So the US only gets 720,000/month, so the 350,000 sold was two weeks' worth, sold in one week (presumably followed by a week of nearly no sales until the next deliveries). As a rough estimate, that means that Nintendo's Wii production is about half what the demand is. And because of this: It takes about five months for us to increase the actual monthly rate of production ...it's not going to get any better before Christmas.
Portal. That game is designed around coercing the player into figuring things out themself. Play it through, then play it again with the commentary on and see how many times they taught you how to do something without you even noticing.
They couldn't make a profit off it if it doesn't end up in stores like Wallmart.
So much money goes in to games that they NEED to sell millions of copies to even break even.
Manhunt 2 was started in 2004 at a studio employing roughly 100 people, and they attempted to release it in 2007. According to Wikipedia several other Rockstar studios were involved, but I'll leave them out for now due to lack of numbers.
A rough calculation based on this (average salary pulled firmly out of rear end):
3 years x 100 people x $50,000/person/year = $15,000,000
$15 million just on salaries. Not including studio rent, pcs, dev kits, certification costs, software licenses, printing services, advertising, or drinks.
If they got $50 from every sale (and it's nowhere near this, the store owners and console makers take a fair chunk), they'd need to sell 300,000 copies just to cover the developers' salaries.
Factoring everything in, they probably break-even at 2 million sales.
To be fair, Dattebayo is a good 200 episodes ahead of the episodes that are licensed.
In fact in the case of Naruto, they're actually on the "spinoff" series, which hasn't been licensed in the US.
IIRC they convert to really high frequency AC.
Or using multiple antennas so you can do a spatial analysis of the signals.
Do it right, and you end up receiving the signal you want, and knowing exactly where it is being transmitted from, while also receiving the jamming signal and knowing exactly where THAT is from.
And doesn't run AT ALL on 64-bit Windows.