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Comment Re:If it's not fair use (Score 1) 64

2/ the nature of the copyrighted work;

Users are allowed more freedom with regard to non-fiction, since the facts therein are uncopyrightable, and the general organization may be as well. Fiction, being more creative, enjoys a bit more protection from potential fair users.

There is no way a fair use defense will pass muster here. Of course, I'm not a lawyer. But I have talked to a few about the scope of fair use before reusing data in my projects.

I'm a lawyer. I would suggest you take a look at the court opinions concerning Google Book Search. You may be surprised. Try Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282 (S.D.N.Y. 2013) which was at the trial level, and then Authors Guild, Inc. v. Google Inc., 804 F.3d 202 (2d Cir. 2015), when it went up on appeal.

Comment Re:If it's not fair use (Score 2) 64

What constitutes a derivative work though? A quote? An analysis? Using the ideas of a book in abstract to answer a question the book touches on?

Gotcha covered:

17 USC 501(a): Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 ... is an infringer of the copyright ....

17 USC 106: Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: ... to prepare derivative works based upon the copyrighted work ....

17 USC 101: A âoederivative workâ is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a âoederivative workâ.

So there's your answer.

A quote is not a derivative work because it's not based on a preexisting work. Instead, that's a reproduction of part of the work (a separate exclusive right under 106, however). A literary analysis is not a derivative work, but if you dug too deep and merely produced an annotated work or adaptation, then it would be. It's not too hard to stay on the correct side of that line.

Using the ideas of a book in abstract to answer a question the book touches on?

Ideas can always be used. Facts -- or things claimed to be a real-life fact -- can always be used. But be cautious again of digging in too deeply. Castle Rock Entertainment Inc. v. Carol Publishing Group, 150 F.3d 132 (2d Cir. 1998) was a case where someone wrote a book of Seinfeld trivia questions. The questions weren't about the show, per se, but about the contents of the show. (That is, they did not ask on what soundstage it was filmed, but things like what is the number of the apartment, or what tagline did character X say repeatedly in a particular episode, that sort of thing) This was held to be copying many little fragments of the show itself, and thus infringing. And it wasn't held to be fair use.

Comment Re:If it's not fair use (Score 1) 64

This would cause problems for text-to-speech used by the blind... a machine reading her work and then plagiarising it, reading it out loud to someone? THEIVES!

I remember this being a big area of interest about 15 years ago, but there doesn't seem to have been much about it lately. So long as it's done in real time and just for the reader, and not an audience, I would be inclined to say that it's not infringing the reproduction right, derivative right, or most significantly, the public performance right.

Comment Re:If it's not fair use (Score 2) 64

If it's not fair use, and the court rules that it's not, do we then have to buy a new license every time we want to read a book once more?

You've never had to buy a license to read a book. Perhaps if you're doing other things in association with your book reading, you might need a license for that but not for just reading.

How does a machine reading a book fundamentally differ from a human, and why would the act of reading constitute a copyright violation?

We've yet to invent a general-purpose AI. These things aren't reading books the way we do. My understanding is that they're basically compiling statistical models, and figuring out how each word or part of word relates to others. Kind of a more complicated version of playing the autocomplete game on your phone, where you input one word in a text chat and then just choose whatever the next suggested word is. The sentences you get make sense for a little while, but become run-ons and start to loop.

Analyzing a work isn't a copyright infringement. Predicate work needed to reach the point of conducting an analysis might, though. And the output of the software might as well.

Am I misreading this, or is Sarah Silverman's argument really that she doesn't want machines reading her work without a pay-per-read license?

That and also not wanting machines to be able to write things that sound like something she might write. Licensing isn't all that relevant, as in many cases a license would simply not be granted.

Comment Regarding the hockey stick graph. (Score 1) 272

Regarding the "hockey stick" graph. (Taking absolutely no position on whether Mann was honest or not, competent or not, etc.)

I was under the impression that the Hockey Stick graph had been shown to be defective as an indicator of warming, primarily because it took tree ring data as one of its proxies for temperature, but carbon dioxide concentration increases alone have been shown to substantially promote tree growth even in the absence of temperature increases. So how much of the sudden rise in the graph is from temperature increase (if any) and how much just from increased CO2 levels is unknown.

But I don't have any links to reliable scholarly articles examining this issue. Do any of you?

Comment Re: Irony (Score 1) 135

Like I said, if a disk needs to be ejected at boot, you hold down the mouse button during boot and it should be ejected by the drive. This is even mentioned in the 128k's manual. The paperclip thing is only if nothing else works.

If the machine is already up, ejecting the disk normally should work fine as long as it isn't in use. If it is, you can close out whatever's using it or if it's already the boot disk, well, too late given that your issue was not wanting it to boot off that disk.

And yes, there were two originally hidden, but later sometimes subtle but immediately available "programmer's keys" for reset and interrupt. Given the flaky OS of the day, though, dropping into MACSbug was usually pretty pointless.

On older machines, you needed to order a small plastic clip that fit on the side and would poke the buttons hidden behind some of the vents. Eventually they were provided as small buttons on the case. Or you could just use the right sort of many-button keyboard shortcut.

Comment Re: The Lisa wasn't popular (Score 1) 135

The Xerox Alto was the internally used research project. The Xerox Star was marketed commercially but had way too steep a price to assemble a useful system -- since it basically required a small LAN of multiple machines and a laser printer -- for hardly anyone to buy.

Comment Re: Irony (Score 1) 135

For example, there was no pre-emptive multitasking. The CPU, the 68000, was designed to enable it, but Jobs didn't care about stuff like that.

Yeah, but it also was designed around 128kB of RAM (itself an increase over the original plan to go with 64kB as I recall) so it's not like it could have run multiple apps if they wanted it to.

They were just trying to build one computer back then -- not a platform that would be in use in the future.

It set the standard for the one button mouse too, which Apple has stuck with to this day.

In fairness there was no consistency then as to what other buttons did, if anything, and it was confusing to people who already had to be taught what a mouse even was and how to use it. Also, Apple's mice ship for some years now have multiple 'buttons' (technically trackpad areas -- the mice have no physical buttons at all), and the platform has supported contextual menus since the late 90s.

Also, this isn't really a Steve thing. The NeXT machines all had two button mice.

The power switch was conveniently located on the keyboard, so you could accidentally power your machine off more easily.

Totally untrue. The original Mac had a power switch on the back left side. A big rocker switch near the compartment for changing the clock battery.

Power switches on the keyboard didn't appear until ADB came along for peripherals, which on the Mac was '87. Annoyingly not all of the machines could be powered on from the keyboard even as late as the mid-90s. And none of them would just shut down from the keyboard -- there was always a dialog box that could be canceled. The button was more related to the Apple II keyboard mounted reset switch.

The floppy drive had an electronic eject mechanism, which was prone to failure and prone to getting stuck if the machine crashed.

Auto-inject was even sweeter. I never heard of auto eject failing in except in truly ancient drives (20-30 years old) that need to be lubricated and fixed up anyway. And if the machine crashed the disk would either eject on reboot, could be forced by holding the mouse button down during boot, or in the absolute worst case, ejected using a straightened paperclip in a subtle but conspicuous hole even with power off.

I don't think that was a Steve thing either -- hell, it took some effort just to get him to agree to the Sony 3.5" disk, which was a new thing and no standard at the time. Auto eject isn't a bad idea though, especially on removable media, so long as it can be overridden.

Comment Where it all went wrong: (Score 1) 300

"changing perceptions" through marketing? that sounds like an arms race with the other side. Long time ago we thought the right way to change perceptions was through good education and development of critical thinking skills.

Where did it all go wrong :)

It all went wrong when each sides of the discussion concluded that scientific papers supporting the other side were marketing fake-news, trying to gaslight them into supporting a scam to let the opposing side acquire money and/or power, rather than actual science.

Warmists think evidence against any aspect of their side's story is akin to smoking research sponsored by tobacco companies. Skeptics think any evidence for a global warming story has been corrupted, ala early drug war research on psychedelic drugs, to feed government power grabs and attempts to put rent-seeking taxes on commerce (e.g. Gore's carbon-credit exchange).

Now neither side believes academic papers on the subject. We'll just have to wait and see what the climate does.

Following this paper's prescription, of course, would just put the nail in the coffin on any remaining hope of convincing the population to pay attention to the sort of propaganda it prescribes. (Assuming the very existence of the paper hasn't already done that.)

Comment Re:Read the paper. (Score 1) 113

Flight time is about 20 years. (Proxima is about 4 light years away and the swarm is averaging about 1/5th lightspeed.) I suspect even some of us boomers can hang in here that long - even if life-extension treatments don't become available.

Oops. Maybe not. They're talking about 75 years before getting around to a launch.

Comment Read the paper. (Score 1) 113

I'll be surprised if the project stays funded, since even without delays everyone funding it will die before there's any payoff.

Flight time is about 20 years. (Proxima is about 4 light years away and the swarm is averaging about 1/5th lightspeed.) I suspect even some of us boomers can hang in here that long - even if life-extension treatments don't become available.

Also, I wonder what it will cost to fund the laser for half a century.

The launch and acceleration of the whole swarm is over in about a year. Individual elements are up to speed in much less than that.

(You HAVE to do it fast: Once they're moving they're out of range darned quick, so you have to get them to cruising speed before you can't hit them any more. Fortunately the little motes are really sturdy so you can give them a BIG big push.)

Read The Paper.

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