Double selection bias. People who are good at walking will tend to continue to do it for fun into older age. Meanwhile, while you're hiking, you tend to meet people who hike. Walking is of course great exercise, however. I have asthma and I'm a bit heavy but I'm a good walker, I can walk all day as long as the way isn't too steep.

You say that, but someone already thought of that.

Everyone knows about the evil bit. That's what prompted me to write the bracket remark. But it's not quite the same as a "we're from the NSA, nothing to see here" flag.

What's with the clickbait headlines? By itself, the headline is total BS. The actual statement made, however, is spot on. The hole in your security doesn't care who exploits it. There's no "good guy" flag in IP headers (though I'm sure some April 1st RFC will soon introduce it).

What worries me most is that we could win this fight, if it weren't for our own governments deciding to betray us. There are vastly more people interested in secure communication and other people not being able to spy on or subvert our computers and mobile devices than there are people interested in compromised communications and systems (basically only criminals and some deluded, criminal-if-the-laws-were-right elements of governments).

There is just one problem to Bruce's argument: The largest and most powerful spy agency in the world disagrees with his fundamental assumption. We often forget that the NSA has two missions, and they are exactly the two things that Bruce argues cannot co-exist: To secure the computing infrastructure of the US against foreign espionage, and to provide espionage on foreign communication.
The NSA believes, and/or is tasked with exactly these two things that Bruce says (and I agree) are mutually exclusive. No surprise they've gone rogue, their very mission statement is a recipe for a mental breakdown through cognitive dissonance.

Doesn't it depend a lot on what you refactor, when and how?

I have 3 year old code that I would like to refactor because I've since switched framework (from CodeIgniter to Symfony 2) and it would bring it in line with all my other projects, allowing me more easy code-reuse and not maintaining two frameworks both on servers and in my mind. But it's largely a convenience factor and I would agree that it will probably not improve code quality very much.

But I also have 12+ year old code written in plain PHP with my own simple database abstraction layer. I'm quite certain that refactoring that would do a world of good.

Spock in Amok Time is good Spock, just rageful and murderous. Evil Spock (with a goatee -- that's how you can tell he's evil) was from episode 33, "Mirror, Mirror."

Time shifting is typically something that the end-user does. Tivo, like Sony before it (The original time shifting lawsuit was against Sony for their Betamax), merely makes the machine. So long as there is at least a potential lawful use for the recording function of the machine, they can go on making them. The Supreme Court found that at least some time shifting would be fair, and that was enough.

Space shifting is another example, the original case was against Diamond for their Rio MP3 players, but Apple's iPod relied on it, as did basically everyone else.

No, the purpose of the use for time shifting, while not precisely commercial, is to simply use the work in the way that an ordinary user, who did not time shift, would use it. It's not strongly against fair use, but it certainly doesn't weigh for it in the way that an educational or transformative use would. At best it is a wash.

It does.

(Though the question of parodying a mark directly is different from parodying a work which happens to contain a mark. Parodying Star Wars, which includes X-Wings, and the Millennium Falcon, and Lightsabers, and so on is different from parodying the Star Wars logo all by itself)

Also, remember that trademarks are inferior to, and cannot be used as a substitute for, copyrights. And that trademarks themselves are subject to various limitations to allow for certain types of unauthorized use.

Peter Pan is in the public domain in the US. You can absolutely have Peter Pan promoting drug use ('fairy dust' can be the street name; a side effect might be paranoid hallucinations of ticking crocodiles, etc.), and publish it widely enough to detract from Disney's ability to keep Peter Pan a wholesome character that they can make tons of money off.

Go nuts.

But because people can ignore that -- In fact, I'm confident that there are bad porn versions of Peter Pan floating around -- it doesn't really detract from the original, or from the Disney movies, unless you allow it to. It's up to you, the audience member.

That's not quite right.

There's no special status for works which are parodies. Some parodies can be fair uses, but not all parodies are. And not all fair uses are parodies, though some fair uses are.

In any case, one factor in determining whether a use is fair or not is how much, and of that how substantial a part, of the original work is used. It's possible to have a fair use that uses all of a work, but also possible to have a use which uses very little of a work, but which is not fair.

While it all depends on the circumstances at hand, a good rule of thumb is to take only so much as you need. If you wanted to make a parody of Star Wars about how Luke waving the lightsaber around in Obi-Wan's house is dangerous, because Luke is a klutz, you could probably use some footage of that scene from the movie. You would have a harder time justifying using the entire movie, but only changing that one scene for the purposes of parody.

This is the oft-cited parody/satire dichotomy.

No seriously, some people really get into this stuff.

Anyway, it's not a bright line rule or anything, though some people like to pretend that it is. Satire is just as able to be a fair use as a parody can be, and a loss on the third fair use factor does not by itself prevent a use from being a fair use. There are no bright lines in fair use; it's all case-by-case analyses, utterly dependent on the specific facts at issue.

That's not really true. There is no hard and fast rule to this effect. Certainly fair use allows for both some parodies (but not all parodies) and some satires (but not all satires).

Courts generally are more likely to find fair use where the use was limited to what was needed, and generally find that satires don't need to use particular works so much as parodies do (because a parody is aimed at the work itself, whereas satires merely employ a work to aim at a different target altogether). But there's nothing in the law that prevents a satire from being a fair use depending on the overall circumstances. It's just a little harder to show.

No, he was right. It's not the character that's copyrighted per se -- though it can be a useful shorthand to talk as if it is -- it's the works containing the character that are copyrighted.

Using the character is no different from using any other part of the work that the character appears in.

Also trademarks are inferior to, and no substitute for, copyrights. When the copyright for Steamboat Willy ends, a significant amount of the trademark protection for Mickey Mouse will end with it. This is because the use of a trademark indicates that all such marked goods originate ultimately from a common source. If anyone is allowed to make new works which are derivative of public domain Steamboat Willy, as copyright permits, the MICKEY MOUSE trademark for such works cannot serve to indicate a single source. Therefore the trademark suffers genericide.

The mark can still survive in other contexts -- Peter Pan is both a public domain character in the US and also a trademarked brand of peanut butter and intercity bus services -- but the copyright does some serious damage to it.

Look into the Shredded Wheat case for a similar situation involving the expiration of a patent dragging down a trademark, and the Dastar case for trademarks not being permitted to serve as a substitute for copyrights.