aristotle
Nov 14, 12:00 AM
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Published works, such as these icons, are entitled to less protection than unpublished.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.
LOL. Please tell us which law firm you work for. That was quite funny. Are you a historian now too? Would the real cmaier please stand up?
So the arbitration system comes from the roman law as well? Do tell.
I'm not interested in what revisionist historians have come up with the justify this perversion of justice that you call "law". The roman empire fell a long time ago and while Roman law may have influenced much of our legal proceedings, including the structure of civil cases, I was talking about how civil disputes are generally dealt with. Lawyers arguing a case are supposed to be the last resort, not the first.
This process is based on Judeo-christian principles on how you settle disputes over land or labour. It has nothing to do with criminal law.
Here is how disputes were supposed to be dealt with.
1. You go to the person in question and try to talk it out.
2. If that does not work, you meet in front a mediator such as as priest, local official, magistrate or arbitrator.
3. If that does not work, you hire an advocate and make your case in front of the community.
4. If that does not work, you take your case before the court which would usually have been a king back in the day.
The bible frames it slightly different but that is the gist of how it appears in the bible.
To put in a modern context:
1. Go for coffee.
2. Arbitration.
3. Public Hearing.
4. Court case.
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.
LOL. Please tell us which law firm you work for. That was quite funny. Are you a historian now too? Would the real cmaier please stand up?
So the arbitration system comes from the roman law as well? Do tell.
I'm not interested in what revisionist historians have come up with the justify this perversion of justice that you call "law". The roman empire fell a long time ago and while Roman law may have influenced much of our legal proceedings, including the structure of civil cases, I was talking about how civil disputes are generally dealt with. Lawyers arguing a case are supposed to be the last resort, not the first.
This process is based on Judeo-christian principles on how you settle disputes over land or labour. It has nothing to do with criminal law.
Here is how disputes were supposed to be dealt with.
1. You go to the person in question and try to talk it out.
2. If that does not work, you meet in front a mediator such as as priest, local official, magistrate or arbitrator.
3. If that does not work, you hire an advocate and make your case in front of the community.
4. If that does not work, you take your case before the court which would usually have been a king back in the day.
The bible frames it slightly different but that is the gist of how it appears in the bible.
To put in a modern context:
1. Go for coffee.
2. Arbitration.
3. Public Hearing.
4. Court case.
davelanger
Mar 30, 01:03 PM
Why werent all these companies using apple when they first started using the turn app store (before it was making money)? We all know if app store was not making money for Apple, MS would not want to use it.
How long has the appstore been around? A few years now?
How long has the appstore been around? A few years now?
Macula
Nov 14, 02:54 AM
Apple is behaving quite like a rogue indeed.
slidingjon
Oct 27, 12:24 PM
So all Greenpeace did was hand out leaflets in areas other than their stand? So they didn't smash up the Apple stand or invade Adobe chanting and shouting.
They handed out leaflets and were ejected because no one's ever allowed to talk about the downsides of our throwaway consumer-trinket technojunk culture without being told to shut up.
Heck, every trade show I ever go to has girls with their tits half hanging out wondering the halls handing out leaflets nowhere near their particular stand.
Sad to see so many people now happy to have people's free speech stamped all over. No wonder Bush can dismantle the Bill of Rights and his lapdog Blair can swiftly remove centruries-old liberties with barely a whisper. I agree with Greenpeace's concerns. Vast toxic waste dumps with no proper processing are springing up across China.
If some fat overfed Westerner's kids had to live and play near a site like that they'd be up in arms! But, no, let's pretend the problems are somehow 'made up' by 'subversives' and need stamping out with the jackboots.
what kind of trade shows do you go to? :cool:
They handed out leaflets and were ejected because no one's ever allowed to talk about the downsides of our throwaway consumer-trinket technojunk culture without being told to shut up.
Heck, every trade show I ever go to has girls with their tits half hanging out wondering the halls handing out leaflets nowhere near their particular stand.
Sad to see so many people now happy to have people's free speech stamped all over. No wonder Bush can dismantle the Bill of Rights and his lapdog Blair can swiftly remove centruries-old liberties with barely a whisper. I agree with Greenpeace's concerns. Vast toxic waste dumps with no proper processing are springing up across China.
If some fat overfed Westerner's kids had to live and play near a site like that they'd be up in arms! But, no, let's pretend the problems are somehow 'made up' by 'subversives' and need stamping out with the jackboots.
what kind of trade shows do you go to? :cool:
JMP
Apr 30, 06:53 PM
You'll be looking forward to lion then. Not a new Mac.
Neither
Neither
AppleMacDudeG4
Apr 28, 07:53 PM
Apple is doing extremely we'll in a lot of markets. Microsoft does well in the corporate market but they are not flashy or innovative in terms of their core market. Microsoft does well because corporations have settled on Windows / Office combination. Since it does well for their purposes, it is enough to sustain them.
Congratulations to Apple for doing so well but do not feel bad for Microsoft.
Congratulations to Apple for doing so well but do not feel bad for Microsoft.
Lixivial
Aug 23, 04:40 PM
In addition, the companies announced that Creative has joined Apple's "Made for iPod" program and will be announcing their own iPod accessory products later this year.
:eek:
...Sim Wong Hoo throwing in the towel? NEVER!
EDIT: Yeah, the $100 million is kinda shocking, too... :D
:eek:
...Sim Wong Hoo throwing in the towel? NEVER!
EDIT: Yeah, the $100 million is kinda shocking, too... :D
triceretops
May 3, 11:30 AM
Who has room for two external displays on a desk that already has a 27" iMac?!
I do. Probably have room for 3.:D
I do. Probably have room for 3.:D
Stella
Apr 4, 12:12 PM
The suspect was killed? Good.
Western society is far too soft on crime.
I feel sorry for the security guard for what he has been through / will go through.. but not the suspect.
American Tax payers money has been saved for the suspect's jail time, who will probably re-offend again after he gets out.
Western society is far too soft on crime.
I feel sorry for the security guard for what he has been through / will go through.. but not the suspect.
American Tax payers money has been saved for the suspect's jail time, who will probably re-offend again after he gets out.
asphalt-proof
Sep 5, 01:10 PM
All I know is, I will be buying whatever it is they have for sale.
I want one of each:D
I said that last time and balked at the Leather iPod case and BOOMbox. :rolleyes:
This has to be better. Right? Right?
I want one of each:D
I said that last time and balked at the Leather iPod case and BOOMbox. :rolleyes:
This has to be better. Right? Right?
wwworry
Sep 9, 06:25 AM
I am curious about the iMovie benchmarks. One might think the mac pro would be over twice as fast but it's not. Is that because of software limitations in iMovie?
I am about to make a purchase of either an iMac or a 2.0Ghz. MacPro for monthly workouts in Final Cut. Hard to decide.
I am about to make a purchase of either an iMac or a 2.0Ghz. MacPro for monthly workouts in Final Cut. Hard to decide.
organerito
Apr 30, 06:05 PM
Because that huge base of thunderbolt based devices is overwhelming! :p
Or, Thunderbolt people must feel very special. There are about 10 of them in the world.:D
Or, Thunderbolt people must feel very special. There are about 10 of them in the world.:D
peeInMyPantz
Sep 14, 07:12 AM
the iPhone is going to be a useless product unless they release it in big enough sizes to replace my iPod. It's like carrying two ipods around. I already have a 60 gig...why would I spend the extra money to buy an expensive phone that only holds 5 gigs or something? It's just a dumb idea, unless they release major sizes that can replace the big ipods. I don't know why everyone is drooling over this thing.
ppl are going to want it because it's a phone. I will buy it for the look.
ppl are going to want it because it's a phone. I will buy it for the look.
tsugaru
Mar 22, 03:28 PM
Sounds like you'd be interested in a nice Windows7 machine. Enjoy. :rolleyes:
Why would he? Just because he wants a 24"?
Physically, compared to the 27, it's not much smaller due to the aspect ratio. The resolution on the 27 is the only real improvement.
I recall when the 21.5 and 27's came out and people were up in arms for Apple going to 16:9 displays when they had traditionally stayed with 'regular' PC resolutions.
Why would he? Just because he wants a 24"?
Physically, compared to the 27, it's not much smaller due to the aspect ratio. The resolution on the 27 is the only real improvement.
I recall when the 21.5 and 27's came out and people were up in arms for Apple going to 16:9 displays when they had traditionally stayed with 'regular' PC resolutions.
bdkennedy1
Mar 23, 04:56 PM
There shouldn't even be checkpoints in the first place because they violate the 4th Amendment. Every person sitting in line at that checkpoint is accused of being drunk without reasonable doubt.
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.
epitaphic
Sep 9, 04:09 PM
I like to see some benchmarks against G4 machines and see if they make me pull the credit card out.
They've done that in this benchmark, tho only on the Speedmark test:
Speedmark 4.5 scores are relative to those of a 1.25GHz Mac mini, which is assigned a score of 100.
If you go by that, the new iMacs are about 2.5x faster.
They've done that in this benchmark, tho only on the Speedmark test:
Speedmark 4.5 scores are relative to those of a 1.25GHz Mac mini, which is assigned a score of 100.
If you go by that, the new iMacs are about 2.5x faster.
sisyphus
Sep 10, 09:57 PM
That Mac + iPod promo ends this week!
Everybody does realize that this promo only applies to already existing hardware. It does not apply to the new Core 2 Duo iMacs, nor will it apply to any new hardware released on Tuesday. Just making sure everyone is in the know...
Everybody does realize that this promo only applies to already existing hardware. It does not apply to the new Core 2 Duo iMacs, nor will it apply to any new hardware released on Tuesday. Just making sure everyone is in the know...
toddybody
Mar 30, 12:23 PM
No one refers to McDonald's as Burger Store. Their brand name is so strong that people actually say McDonald's because that logo and name is pretty much seared into everyone head.
You dont say Burger Store? Thats weird. I and everyone I know always say that...like, "hey dude, want to grab a big mac from Burger Store" or "hey, how about a nice Burger Store Egg McMuffin". Get with it dude :p
You dont say Burger Store? Thats weird. I and everyone I know always say that...like, "hey dude, want to grab a big mac from Burger Store" or "hey, how about a nice Burger Store Egg McMuffin". Get with it dude :p
Prints
Sep 14, 08:10 AM
just saw this on the register
not sure if its been posted before
http://www.reghardware.co.uk/2006/09/14/apple_iphone_at_large/
I'll take one of those !! Sign me up !
not sure if its been posted before
http://www.reghardware.co.uk/2006/09/14/apple_iphone_at_large/
I'll take one of those !! Sign me up !
splogue
Apr 30, 09:03 PM
USB 3 is coming next year. The only reason Apple has yet to implement it is because Intel hasn't. But that will change in Ivy Bridge.
Agreed. USB is on its last legs, for sure, but it will be around a little while longer before it fades away.
When Intel supports it, Apple will, because it will cost essentially nothing for them to do so, and is backward compatible with previous USB devices.
But, I don't think we'll be seeing a USB 4.
Sean
Agreed. USB is on its last legs, for sure, but it will be around a little while longer before it fades away.
When Intel supports it, Apple will, because it will cost essentially nothing for them to do so, and is backward compatible with previous USB devices.
But, I don't think we'll be seeing a USB 4.
Sean
Daghis
May 3, 02:57 PM
I thught was strange as well at first, but I believe that the comparison is between i5 1st gen vs 2nd gen and i7 1st gen vs 2nd gen.
Almost... From the footnote, the comparison for the first chart for the i5 model is a new (2011) 21.5" 2.7 GHz i5 iMac versus last year's 21.5" 3.2 GHz i3 iMac. The i7 chart is a new 27" 3.4 GHz i7 iMac versus last year's 27" 2.93 GHz i7 iMac.
Almost... From the footnote, the comparison for the first chart for the i5 model is a new (2011) 21.5" 2.7 GHz i5 iMac versus last year's 21.5" 3.2 GHz i3 iMac. The i7 chart is a new 27" 3.4 GHz i7 iMac versus last year's 27" 2.93 GHz i7 iMac.
SeaFox
Sep 26, 09:58 PM
AllTel is IS95 ("CDMA") not GSM.
The only two national operators of GSM networks in the US are T-Mobile and Cingular, though there are a small handful of regional networks dotted around the country.
Not in all areas. In northern Wisconsin I got roaming signal on my GSM phone, and AllTel is the only carrier in the area.
Actually we're both right (http://en.wikipedia.org/wiki/Alltel). Alltel does not offer GSM service to it's customers, but owns and maintains a large GSM network they aquired from another carrier.
The only two national operators of GSM networks in the US are T-Mobile and Cingular, though there are a small handful of regional networks dotted around the country.
Not in all areas. In northern Wisconsin I got roaming signal on my GSM phone, and AllTel is the only carrier in the area.
Actually we're both right (http://en.wikipedia.org/wiki/Alltel). Alltel does not offer GSM service to it's customers, but owns and maintains a large GSM network they aquired from another carrier.
aegisdesign
Sep 11, 07:28 AM
Do you realize that Mail uses 100% of a core ALL THE TIME? If I leave it open I only have 3 cores to work with. I mean it's rediculous. I have to QUIT Mail to do my work. Absurd.
What? There's something screwed with your Mail.app.
Think about it. If Mail.app used 100% of a core ALL THE TIME, people with single CPU machines wouldn't be able to do anything.
Mail on my G5 iMac is sat there at 0.0% CPU utilisation when it's not doing anything.
What? There's something screwed with your Mail.app.
Think about it. If Mail.app used 100% of a core ALL THE TIME, people with single CPU machines wouldn't be able to do anything.
Mail on my G5 iMac is sat there at 0.0% CPU utilisation when it's not doing anything.
roadbloc
Apr 4, 04:26 PM
Thanks, McAfee,
Ever since I got my first mac in you and other antivirus vendors have been reminding me, every six months or so, that OS X is facing an imminent security meltdown.
Though this is yet to happen, it's always enough to remind me to make sure I've got the latest version of the excellent and free ClamXav, and that I have a good working backup of my machine, which is made possible by many other wonderful free tools.
Though I'll never buy your software, you provide a great service to me.
Thanks, Ed
ClamXav only detects Windows viruses.
Ever since I got my first mac in you and other antivirus vendors have been reminding me, every six months or so, that OS X is facing an imminent security meltdown.
Though this is yet to happen, it's always enough to remind me to make sure I've got the latest version of the excellent and free ClamXav, and that I have a good working backup of my machine, which is made possible by many other wonderful free tools.
Though I'll never buy your software, you provide a great service to me.
Thanks, Ed
ClamXav only detects Windows viruses.
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