cmaier
Nov 13, 11:51 PM
Which law firm please. We'd all like to know for future reference, who to not trust our cases with. While most law has to do with the letter of the law, jury trials often are won or lost based on what the jury believes to be the intent or spirit of the law.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
Wow. That's quite a diatribe. Historically inaccurate, too. English common law descends from the Roman system of laws that predates christianity (and which was not based on judaism) and from Saxon law, which also has nothing to do with judeo-christian ethics.
And juries are given instructions to follow the letter of the law as explained to them by the judge. Further, in the U.S. system, only matters at law, not equity, are subject to jury trial, and, in many cases, only if the defendant demands a jury trial.
You say:
"You are either deliberately infringing on the rights of others or you are not."
Ok. So when your third grader copies a few quotes from a book for his book report, he is infringing the copyright statute. But, of course, you complain that it's not the letter of the law that matters - it's the spirit. That's why judges came up with the fair use defense (later codified into the statute).
But what if the third grader copies 10 quotes? Still okay? A chapter? How about now? Where's the dividing line? What if instead of a third grader, it's another author who copies a few of the best quotes and competes with the first author? How about then? Gets more complicated, huh?
And that's why the fair use defense has evolved into a complicated legal test involving multiple factors. Among the factors:
the purpose and character of your use
the nature of the copyrighted work
the amount and substantiality of the portion taken, and
the effect of the use upon the potential market.
Let's look at these.
1) the purpose and character of your use
This is often called the transformative test. Am I creating something new and different and worthwhile to society, involving my own creativity? Many people say that the use in this case was pretty creative and useful, but let's assume no. So this factor weighs against fair use.
2) the nature of the copyrighted work
Published works, such as these icons, are entitled to less protection than unpublished. Also, factual or representative works, such as icons, are entitled to less protection than creative works like novels. So this factor weighs for fair use.
3) the amount and substantiality of the portion taken, and
A handful of icons out of an entire operating system? Seems small to me. Weighs for fair use.
4) the effect of the use upon the potential market.
By using these icons, is the "infringer" somehow preventing Apple from selling this sort of software, or preventing Apple from selling these icons? No. Again, weighs for fair use.
You simultaneously argue that things are black and white (you either infringe or you don't) and then you argue that the spirit of the law matters, not the letter. You argue for a bright line test, then for shades of gray.
Well, the answer is a little of both, but men and women far smarter than you have come up with the best tests they can to figure out how to deal with these fuzzy situations.
You can go to church and pray instead of going to court, if you'd like, but for those of us that believe in the legal system, we take solace in the fact that things really aren't black and white, and yet there is a framework in place that let's us try and figure these things out.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
Wow. That's quite a diatribe. Historically inaccurate, too. English common law descends from the Roman system of laws that predates christianity (and which was not based on judaism) and from Saxon law, which also has nothing to do with judeo-christian ethics.
And juries are given instructions to follow the letter of the law as explained to them by the judge. Further, in the U.S. system, only matters at law, not equity, are subject to jury trial, and, in many cases, only if the defendant demands a jury trial.
You say:
"You are either deliberately infringing on the rights of others or you are not."
Ok. So when your third grader copies a few quotes from a book for his book report, he is infringing the copyright statute. But, of course, you complain that it's not the letter of the law that matters - it's the spirit. That's why judges came up with the fair use defense (later codified into the statute).
But what if the third grader copies 10 quotes? Still okay? A chapter? How about now? Where's the dividing line? What if instead of a third grader, it's another author who copies a few of the best quotes and competes with the first author? How about then? Gets more complicated, huh?
And that's why the fair use defense has evolved into a complicated legal test involving multiple factors. Among the factors:
the purpose and character of your use
the nature of the copyrighted work
the amount and substantiality of the portion taken, and
the effect of the use upon the potential market.
Let's look at these.
1) the purpose and character of your use
This is often called the transformative test. Am I creating something new and different and worthwhile to society, involving my own creativity? Many people say that the use in this case was pretty creative and useful, but let's assume no. So this factor weighs against fair use.
2) the nature of the copyrighted work
Published works, such as these icons, are entitled to less protection than unpublished. Also, factual or representative works, such as icons, are entitled to less protection than creative works like novels. So this factor weighs for fair use.
3) the amount and substantiality of the portion taken, and
A handful of icons out of an entire operating system? Seems small to me. Weighs for fair use.
4) the effect of the use upon the potential market.
By using these icons, is the "infringer" somehow preventing Apple from selling this sort of software, or preventing Apple from selling these icons? No. Again, weighs for fair use.
You simultaneously argue that things are black and white (you either infringe or you don't) and then you argue that the spirit of the law matters, not the letter. You argue for a bright line test, then for shades of gray.
Well, the answer is a little of both, but men and women far smarter than you have come up with the best tests they can to figure out how to deal with these fuzzy situations.
You can go to church and pray instead of going to court, if you'd like, but for those of us that believe in the legal system, we take solace in the fact that things really aren't black and white, and yet there is a framework in place that let's us try and figure these things out.
derbothaus
Mar 23, 12:34 PM
Wonder if they'll use i7-2600 or the laptop parts? i7-2600 would be sick. But at 3.4GHz, the fans would be loud and the case would be hot. I guess we have that with the 2.93 i7 so never mind.
berkleeboy210
Sep 26, 09:37 AM
I just bought one of the new BlackBerry's (8703e) for Verizion. That should keep me satisfied until January.
I just want to commend Verizon Wireless on their service though, I ordered the phone at 10pm Last Night, it's already been shipped :)
Anywoo, Bring on the iPhone!
I just want to commend Verizon Wireless on their service though, I ordered the phone at 10pm Last Night, it's already been shipped :)
Anywoo, Bring on the iPhone!
NT1440
Apr 19, 11:33 PM
John Pilgers? Does he reside in the US? Does he have a website?
http://johnpilger.com/videos
He's even got an awesome interview with Julian Assange. His documentary "The War You Don't See" is a must watch though.
http://johnpilger.com/videos
He's even got an awesome interview with Julian Assange. His documentary "The War You Don't See" is a must watch though.
MacPhreak
Oct 12, 03:52 PM
Cured because the president had polio and before the corporate greed infrastructure took hold. NEXT...
You're a barrel of monkeys, aren't you? Remind me to move to the other end of the bar next time you're in town. If memory serves, polio was cured AFTER FDR died/left office, in fact almost 20 years later.
Polio vaccines??? Are you serious?? When was the last time anyone had one? Forty years? Please.
You're a barrel of monkeys, aren't you? Remind me to move to the other end of the bar next time you're in town. If memory serves, polio was cured AFTER FDR died/left office, in fact almost 20 years later.
Polio vaccines??? Are you serious?? When was the last time anyone had one? Forty years? Please.
vincebio
Sep 26, 07:26 AM
who the hell are cingular? what about orange t-mobile, vodaphone or o2? I guess it's US only again...
did you read the article above?
"Apple is still in talks with providers in other parts of the world on other exclusive deals"
:D
did you read the article above?
"Apple is still in talks with providers in other parts of the world on other exclusive deals"
:D
shecky
Aug 28, 09:31 PM
Although I agree the post was condescending, Apple did in fact add MacPros to the iPod promotion when they were released.
--HG
yeah... and what about the past years when they have run the promotion and not added newly released product to the rebate? thats what i was referring to.
--HG
yeah... and what about the past years when they have run the promotion and not added newly released product to the rebate? thats what i was referring to.
X5-452
Aug 28, 12:29 PM
So, uh.... PowerBook G5's tomorrow?
KnightWRX
Apr 30, 06:30 PM
I feel privileged.
Except for the fact you missed the golden age of computing. ;) Telix and a 2400 baud modem was a far superior experience to this Internet crap. Long live Codepage 437 graphics. With only 16 colors to choose from, no one needed a calibrated monitor :
http://www.penguinpetes.com/images/BBS_art/ANSI/Dust_n_Bones.jpg
Except for the fact you missed the golden age of computing. ;) Telix and a 2400 baud modem was a far superior experience to this Internet crap. Long live Codepage 437 graphics. With only 16 colors to choose from, no one needed a calibrated monitor :
http://www.penguinpetes.com/images/BBS_art/ANSI/Dust_n_Bones.jpg
puma1552
Apr 22, 08:33 AM
ever heard of the pandora app??
If Pandora actually worked overseas...just like Hulu...
If Pandora actually worked overseas...just like Hulu...
840quadra
Oct 12, 02:01 PM
Those look Burgundy to me, I was hoping for a more proper red, but alas those are Mock ups!
LagunaSol
Apr 20, 01:50 AM
The logo on the center of the record, not the album artwork.
The logo on the center of the record is an apple sliced in half. Again, it looks nothing like Apple's logo.
The logo on the center of the record is an apple sliced in half. Again, it looks nothing like Apple's logo.
GGJstudios
Apr 12, 07:28 PM
Can anybody running Leopard confirm what users/groups have write privileges to Safari, Mail, & etc.
Just want to clarify if the permissions on that Leopard system have been modified?
Leopard:
281058 281059 281060
Snow Leopard:
281066
Just want to clarify if the permissions on that Leopard system have been modified?
Leopard:
281058 281059 281060
Snow Leopard:
281066
Amazing Iceman
Mar 29, 01:38 PM
I predict that in 2015, iOS handset users will still have the highest customer satisfaction and that Apple will be walking away with the lion's share of the smartphone industry's profits.
Meaning there will be more grumpy non-iPhone users and more grumpy HTC/Nokia/Samsung/Motorola/LG shareholders.
By 2015, the iPhone will be implanted in the back of our necks and interface directly with our brain. It will get battery power from our neural system.
I got burned once, and only once with the best Windows Phone of the time, the HTC Rhodium. I hate that phone so much!
All the people I know who got the WinMo7 phone told me it sucks!
M$ is so far behind in this market, and the ITC seems to be smoking barely-legal substances to come up with such hallucinations. :eek:
Meaning there will be more grumpy non-iPhone users and more grumpy HTC/Nokia/Samsung/Motorola/LG shareholders.
By 2015, the iPhone will be implanted in the back of our necks and interface directly with our brain. It will get battery power from our neural system.
I got burned once, and only once with the best Windows Phone of the time, the HTC Rhodium. I hate that phone so much!
All the people I know who got the WinMo7 phone told me it sucks!
M$ is so far behind in this market, and the ITC seems to be smoking barely-legal substances to come up with such hallucinations. :eek:
sisyphus
Sep 10, 10:05 PM
Sorry to burst your bubble, but it appears that the improvement was significantly overstated. Macrumors has now updated that thread (http://forums.macrumors.com/showthread.php?t=232126).
Doh! Oh well I still think there are many present and future uses for more cores. Especially if Apple releases a video airport express sorta thingy on Tuesday. If you could use your Mac as a video server that will do all the leg work then send it over the air to the "express" or multiple "expresses" in the house while still working on it, you've just developed yet another way to use up processor cycles on the machine. If SJ wants the Mac to be the hub of your digital lifestyle it is going to be asked to do more at once. Which is of course good!
Doh! Oh well I still think there are many present and future uses for more cores. Especially if Apple releases a video airport express sorta thingy on Tuesday. If you could use your Mac as a video server that will do all the leg work then send it over the air to the "express" or multiple "expresses" in the house while still working on it, you've just developed yet another way to use up processor cycles on the machine. If SJ wants the Mac to be the hub of your digital lifestyle it is going to be asked to do more at once. Which is of course good!
techficiency
Mar 29, 03:09 PM
hilarious! balmer's standing around somewhere squirting himself into a false sense of security. microsoft is a dinosaur and about as hip and cool as an 8track.
EagerDragon
Sep 14, 07:42 PM
I'm hoping for a MBP. It'll be my first Mac. My son just started college and we were going to buy him a Mac Mini. Then I heard about new imacs coming and waited it out and I found that to be a better value than a mac mini. Well he just got it a week ago and it's great! Now I've decided to switch from Windows to Mac and will get a MBP but am waiting for the next generation. I was disappointed it didn't come last week but maybe the 24th. Isn't it unusual for Apple to have something like this on a Sunday? I hear so much about Tuesdays but as other's have said maybe the 19th. I've heard estimates of as late as January becuase of a meron shortage. I can't wait that long to switch to Mac! :)
Extemly likely it will be updated by end of the month at the latests. More than likely before 9/25. Not too worried about the numbers, Intel should have Apple in the prefered list and Apple not likely to expect to sell more than 1/2 mil of them, so they prob have plenty of chips. Likely it may have memry card reader, Meron, no latch, new gen chip for wireless (pre-n). Im not a Pro photographer, but anything that helps the photographer like better way to import or export photos and make life easier for them. All plus for you and me also. BTW welcome to the Family.
Extemly likely it will be updated by end of the month at the latests. More than likely before 9/25. Not too worried about the numbers, Intel should have Apple in the prefered list and Apple not likely to expect to sell more than 1/2 mil of them, so they prob have plenty of chips. Likely it may have memry card reader, Meron, no latch, new gen chip for wireless (pre-n). Im not a Pro photographer, but anything that helps the photographer like better way to import or export photos and make life easier for them. All plus for you and me also. BTW welcome to the Family.
gugy
Aug 31, 09:28 PM
The fact that it isn't a "format," for starters.
$10 ~ $15, if that is the price for anything below a 720p encoding of a movie, would be the stupidest thing that Apple has done. (Well, at least in the last 10 years or so.)
If they do 720p encodes - and that would have to be the minimum, as they really should be 1080p - then they might have something worthwhile. The problem is, this will totally clash with the move to Blu-Ray and HD-DVD, so being realistic, my guess would be 480p encodes. Which, of course, then makes purchasing movies this way versus DVD a really stupid decision (IMHO).
I'd love to see Apple get this right, but... I'm really not holding my breath.
Very true, I just can't see Apple doing this. That will kill the Movie store from the start.
IMHO they might do the rental of movies that was speculate before.
If they decide to sell it, it has to be cheaper than the current DVD offerings, unless the quality and resolution are higher. If not, I would not even waste my time going there to buy it.
$10 ~ $15, if that is the price for anything below a 720p encoding of a movie, would be the stupidest thing that Apple has done. (Well, at least in the last 10 years or so.)
If they do 720p encodes - and that would have to be the minimum, as they really should be 1080p - then they might have something worthwhile. The problem is, this will totally clash with the move to Blu-Ray and HD-DVD, so being realistic, my guess would be 480p encodes. Which, of course, then makes purchasing movies this way versus DVD a really stupid decision (IMHO).
I'd love to see Apple get this right, but... I'm really not holding my breath.
Very true, I just can't see Apple doing this. That will kill the Movie store from the start.
IMHO they might do the rental of movies that was speculate before.
If they decide to sell it, it has to be cheaper than the current DVD offerings, unless the quality and resolution are higher. If not, I would not even waste my time going there to buy it.
ten-oak-druid
Apr 4, 11:51 AM
If you read the linked article you will see that the guard exchanged gunfire with the 2 male suspects. It's not excessive to try to save your own life...
It still must feel bad knowing you killed someone. I mean the intention was likely to wound to remove the threat rather than kill. Even if all was justified, the guard will likely need counseling or time to get over it. If he actually enjoyed it then he's in the wrong line of work.
It still must feel bad knowing you killed someone. I mean the intention was likely to wound to remove the threat rather than kill. Even if all was justified, the guard will likely need counseling or time to get over it. If he actually enjoyed it then he's in the wrong line of work.
chrono1081
Mar 23, 04:57 PM
No one likes drunk drivers. No one. Period. That being said, Apple should not pull the App. Speed trap apps will be next (Trapster)... Keep the app store open to everything thats legal. This is no different than a friend calling you telling you to avoid a check point. Neither is illegal.
+1 I highly doubt anyone who is drunk is going to dig out their phone to look where the traps are.
+1 I highly doubt anyone who is drunk is going to dig out their phone to look where the traps are.
aegisdesign
Sep 10, 10:41 AM
I agree that the expandability of the 24inch imac is impressive, but until I see ease of upgradability as well Im all for a mid range. Its also about the CPU, the C2D's are nice, but their not really a match for their desktop counterparts, there are some of us that want the power of a desktop but dont have the budget for the xeon range...
The Merom and Conroe are almost identical clock for clock. Really, if there's 1 or 2% difference in real world tests I'd be surprised and it's usually down to other factors like RAM or disk.
The Merom and Conroe are almost identical clock for clock. Really, if there's 1 or 2% difference in real world tests I'd be surprised and it's usually down to other factors like RAM or disk.
ssdeg7
May 3, 08:41 PM
I would choose a Trackpad over a Mouse
extraextra
Oct 12, 01:35 PM
That looks nice. If it doesn't have Bono's name/signature/U2-something on it, I might have to buy it!
callme
Mar 29, 01:11 PM
Apple still doesn't have upload to a cloud or wireless syncing, and Windows Phone does. 25 GB free sky drive, as well as a beautiful hub where you choose what to access at a glance. In iOS, you have to flick and flick, especially if you have many apps. The wireless syncing is slick. Facebook integration flawless. WP7 also now has cut, copy, and paste and HTML5 before the end of the year. I'm sorry, but hooking up with the largest mobile phone manufacture is a no brainer.
1. MobileMe provides upload to a cloud for photos / movies / etc.
2. No need to flick if you have many Apps, just swipe left from the main Home Page and you have instant access to 'Search', type the first letter of the app you want and there you go. VERY QUICK.
1. MobileMe provides upload to a cloud for photos / movies / etc.
2. No need to flick if you have many Apps, just swipe left from the main Home Page and you have instant access to 'Search', type the first letter of the app you want and there you go. VERY QUICK.