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Comment Re:Surprise move? (Score 1) 1505

The problem with you arguing that it is a tax, and is thus allowed under the Constitution, is that the president insisted at first that it was not a tax (See http://technorati.com/politics/article/health-care-mandate-thats-not-a/ [Unfortunately, it's a two-pager article].):

Let's go back to last September [2009], shall we? In an ABC News interview, George Stephanopoulos very pointedly asked the president how forcing Americans to purchase a particular service and imposing penalties if they don't is not a tax. To Obama's credit, he did a bang up job trying to get around the question, even going as far as accusing Stephanopoulos of "making up" language that brands the health care mandate as a tax, even after the Merriam-Webster dictionary definition of "tax" was provided to him. The president fired back by stating, "My critics say everything is a tax increase," and when once again asked if he rejected the notion that the mandate was a tax increase, he said, "I absolutely reject that notion."

On the next page, the article notes that it wasn't until legal challenges were filed against the bill, stating the mandate was unconstitutional, that the administration said it was a tax:

Robert Pear, in a July 16 New York Times article, reported that the DOJ "says the requirement for people to carry insurance or pay the penalty is 'a valid exercise' of Congress’s power to impose taxes." Essentially, this whole fiasco, that wasn't tax, is now a tax because the Commerce Clause in Article I, Section 8 of the Constitution, says it is...even though it wasn't a tax...but it is...until it isn't again. The DOJ also contends that because the IRS will be collecting any penalties and that they will be required to be reported "as an addition to income tax liability," this also makes it a tax, and therefore "no one can challenge it in court before paying it and seeking a refund." This is where it almost seems like the administration is simply trying to play a game of "Gotcha" when it comes to the debate of "tax or not a tax."

Danger, Will Robinson! The president's either lied to the public or clueless when it comes to the English language. I could assume incompetence over malice, but since everyone says he's a great public speaker, I'm inclined to go with the malice explanation.

Space

Russia Confirms Failed Missile Launch Caused Norway's Light Show 236

Ch_Omega writes "According to this article over at BarentsObserver, the giant spiral seen on the sky over Norway Wednesday morning local time has been confirmed to be the result of a failed Russian missile launch. Russia now confirms that '...the missile was launched from submerged position in the White Sea by the nuclear submarine Dmitri Donskoy. Studies of the telemetric data from the launch show that the two first stages of the missile functioned as they should, and that a technical malfunctioning occurred during the third stage.' There is also an article on this at The Daily Mail."
Hardware

Software To Diagnose Faulty PC Hardware? 274

Etylowy writes "Over the years I have repaired my own PC and those belonging to family and friends many, many times. While in most cases it turned out to be restoring a system after malware/the user/Windows made a mess, or simple cases of 'follow the smell of smoke and molten plastic,' there were some nasty ones where the computer mostly works. By 'mostly,' I mean: you can boot it up, it might even work for a while, but will crash way too often to blame it all on Microsoft — what do you do then? Once you strip it of any extra hardware (which, with today's motherboards that have pretty much everything integrated, might not be an option) you are left with the CPU, motherboard, graphics card, RAM and HDD. You can test the HDD, you can run memtest86+ to check the RAM, but how do you go about testing the CPU, motherboard and graphics card trio to find which is to blame? Replacing them one by one isn't really an option. Do you know of any software that would help the way memtest helps with RAM?"
Bug

Coverity Report Finds OSS Bug Density Down Since 2006 79

eldavojohn writes "In 2008, static analysis company Coverity analyzed security issues in open source applications. Their recent study of 11.5 billion lines of open source code reveal that between 2006 and 2009 static analysis defect density is down in open source. The numbers say that open source defects have dropped from one in 3,333 lines of code to one in 4,000 lines of code. If you enter some basic information, you can get the complimentary report that has more analysis and puts three projects at the top tier in quality of the 280 open source projects: Samba, tor, OpenPAM, and Ruby. While Coverity has developed automated error checking for Linux, their static analysis seems to be indifferent toward open source."
Medicine

Vegetative Patients Can Still Learn 159

enigma48 writes to mention that a collaborative study between the Universities of Buenos Aires and Cambridge have demonstrated that individuals in a vegetative state can still learn and demonstrate at least a partial consciousness. Their findings are reported in a recent online edition of Nature Neuroscience. "It is the first time that scientists have tested whether patients in vegetative and minimally conscious states can learn. By establishing that they can, it is believed that this simple test will enable practitioners to assess the patient's consciousness without the need of imaging. The abstract is also available in the advance issue of Nature."

Comment I sent an email... (Score 4, Interesting) 507

I sent an email to the address at the bottom of the site...

Dear Sir or Madam,

It was with great interest that I perused the materials on the Music Rules website. (On a side note, it doesn't work properly with Firefox 3.0.) I agree that piracy of music is a problem, and some reform of copyright law is needed. However, I believe that your educational materials are misleading and sometimes directly contradict actions of the RIAA in the past.

In the teacher's guide, on page 4, the answer to question #2 (left column) is given:

Caitlin is not a songlifter because personal use is permitted when music fans buy their music. Caitlin can copy her music onto her hard drive and her MP3 player. Caitlin can even burn a CD with her own special mix of music she has purchased.

This however contradicts earlier cases where the RIAA has pursued music pirates for doing this exact same thing. A Washington Post article from 2007:

Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.

The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.

The teacher's guide also ignores the term, "fair use." While fair use is quite limited in U.S. law, generally being restricted to purposes of research and parody, if the RIAA wants to teach third-graders the term, "DMCA notice," why not "fair use?"

Coverage of alternative forms of copyright appears to be non-existent as well, such as the Creative Commons licenses, which allow the creator to turn over specific rights to others, such as the right to modify, or distribute. Public domain coverage is missing as well. Old recordings from before 1923 (such as Edison's early record player) on the Library of Congress site thus would be public domain, and free to download. The materials would scare kids into thinking that everything is copyrighted, and thus illegal.

The materials also should recommend sites where music can be legally downloaded for free. One example is Musopen.com, which contains recordings of public domain works, but also contemporary works where the composer has expressed willingness for his music to be shared. . Warnings should be balanced with alternatives. Also, you could recommend the students to whenever possible purchase music directly from the artist, so that the artist is paid a fair amount.

U.S. federal government training materials ignore this distinction, preferring the "all downloaded music is illegal" mantra. For example, see this training website (it's screen 27 of 48). I can disprove this by visiting this Wikipedia link, where I can download a copy of the W.W.S.S. Wind Ensemble with Dennis Smith playing Arthur Pryor's arrangement of "Blue Bells of Scotland," released under the EFF's Open Audio License (http://en.wikipedia.org/wiki/File:Arthur_Pryor_-_Blue_Bells_of_Scotland,_for_Trombone_and_Band.ogg). Similarly, recordings by U.S. military bands, being created by the U.S. government, are generally also public domain.

Copyright reform does need to be effected in the United States. The clause in the Constitution governing copyright is to "promote the progress of science and useful arts," by securing for a limited time. Today's environment, where it is for the lifetime+70 stifles creativity. Two economists wrote a paper for Harvard Business School (a subsidiary of Harvard University) discussing how weak copyright actually benefits culture (HBS article).

I hope that the educational materials can be refined, so that students get all the facts regarding music piracy, so they can properly decide whether it is legal for them to download song X. Reducing FUD on the RIAA's part will improve their standing in the technology community, and consumers will benefit by using a variety of resources to get music: legal purchases, and legal downloads of free music.

Thank you,

[REDACTED]

Just watch. Now I'm going to get investigated by the RIAA. :-)

It's funny.  Laugh.

Burglar Logs Into Facebook On Victim's Computer 337

yet-another-lobbyist writes to mention that Facebook addiction has finally caused real world consequences, at least for one would-be burglar. It seems that 19-year-old Jonathan Parker couldn't stay away from the popular social networking site, even long enough to rob a house. Parker not only stopped mid-robbery to check his Facebook status on the victim's computer, but left it logged in to his account when he left.
Microsoft

Microsoft Files Suits Against "Malvertisers" 205

eldavojohn writes "Reuters is bringing us news of five civil lawsuits filed by Microsoft against 'Soft Solutions,' 'Direct Ad,' 'qiweroqw.com,' 'ITmeter Inc,' and 'ote2008.info' that allege they 'used malvertisements to distribute malicious software or present deceptive websites that peddled scareware to unsuspecting Internet users.' Microsoft's Tim Cranton outlined the suits and provided links to all the filings for download. 'Cranton added that names of specific individuals behind these activities were not known and the lawsuits were being filed to help uncover the people responsible.'"
Hardware

Student Designs Cardboard Computer Case 329

SpaceGhost writes "The Houston Chronicle has a story on a Grad student at the University of Houston who has designed a cardboard case for a computer. This is not a new concept, but this one is meant to be used in manufacture. The idea is that it will be faster and easier to produce (no fasteners for example) and dramatically easier to recycle."
Image

Garlic Farmer Wards Off High-Speed Internet Screenshot-sm 475

DocVM writes "A Nova Scotia farmer is opposing the construction of a microwave tower for fear it will eventually mutate his organic garlic crop. Lenny Levine, who has been planting and harvesting garlic by hand on his Annapolis Valley land since the 1970s, is afraid his organic crop could be irradiated if EastLink builds a microwave tower for wireless high-speed internet access a few hundred meters from his farm."
Government

US Government Sets Up Online "App Store" 138

krapper writes "The Obama administration has unveiled a government 'app store' designed to push the federal bureaucracy into the era of cloud computing. The change means some federal employees will begin using services like YouTube, Gmail and WordPress, which store data on private internet servers instead of on those paid for with public money. The process will start small but will ramp up quickly, Vivek Kundra, the US chief information officer, said in a blog post on Tuesday. 'Our policies lag behind new trends, causing unnecessary restrictions on the use of new technology,' Kundra writes in the post on WhiteHouse.gov. 'We are dedicated to addressing these barriers and to improving the way government leverages new technology.' The app store is designed for federal employees doing official government business and is not intended for use by the public."

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