It's a derivative work. Copyright includes an exclusive right to prepare derivative works. Good luck with your argument about it being unconstitutional.

Well, while I would say it's a classic, I would advise you not to watch Star Trek episode 30, "Amok Time," which features a rageful, murderous Spock.

Also skip Superman III and Superman IV.

Yeah!

Technically there is no copyright on the characters standing alone. The copyright is on the work the characters first appear in. (Or for later traits of the characters, the works in which those traits first appear) When you use characters, you're really making a new work which is derivative of that part of the previous work in which the characters are defined.

Character copyright is just a sort of shorthand for this idea, but it's not a distinct thing.

Possibly not in this case, but fair use is not applied in a strict way. Consider time shifting: It's not creative, it uses fictional works, it uses all of the work, but it doesn't materially harm the market for the work. Only one of the four factors is in favor of fair use, but time shifting is generally considered to be fair.

Sure you can. Check out 17 USC 201(d), which starts out saying "The ownership of a copyright may be transferred in whole or in part by any means of conveyance...."

And yet it made sense to me, and I'm sober as a judge for some reason.

Well, works can also enter the public domain through other mechanisms, such as most famously having the copyright term expire.

But the earlier poster didn't say that they might become generic, he said that they might be generic. This would be the scenes a faire doctrine. I haven't watched the show, but I recall that it's a 5-person team, so I'd bet that they fall neatly into what TV Tropes calls the Five-Man Band:

The Leader -- The leader of the group. Can be a mastermind, charismatic, levelheaded, headstrong, or some combination of the four. Often also The Hero.
The Lancer -- Usually a contrast to The Leader. If the Leader is clean-cut and/or uptight, the Lancer is a grizzled Anti-Hero or Deadpan Snarker; if the Leader is driven and somewhat amoral, the Lancer is more relaxed and level-headed.
The Smart Guy -- The physically weak, but intelligent or clever member. Often nerdy and awkwardly played for comic relief. Sometimes unconventionally young (early- to mid-teens). Sometimes a Trickster and a buddy of the Big Guy.
The Big Guy -- The strongman of the team. May be dumb. Or mute.
The Chick -- A peacekeeping role to balance out the other members' aggression, bringing them to a nice or at least manageable medium. The Chick is often considered the heart of the group. This role is played by a woman or girl. Someone female. Otherwise, it is not a Five-Man Band.

This is a stock description of characters. Anyone is entitled to use it, regardless of whether the first work to use it is still copyrighted, and regardless of whether people are copying it from other copyrighted works. It's like how everyone is entitled to use a spooky eastern european castle, with moon-baying wolves, in a movie about vampires.

Now, if the Power Rangers characters are more defined than this, and if the use involved their more defined, non-generic character traits, that could be an infringement. But if Power Rangers doesn't do much character development and is more like a modern version of commedia dell'arte, where it's just about how the lovers will enlist the help of the servants to marry despite the wishes of their parents, and so on, but with robots and karate, the characters might well be considered generic.

It can. That's not to say it always does, or even commonly does. But any sort of use can be a fair use, including fanfic.

It could be. But fair use hinges entirely on the specific facts of the use -- it would take the right example.

They can be, but there are limits. The key is how well-defined the character is. Also, bear in mind that really the character is not protected by copyright per se -- the character is just a part of a greater work, which is protected by copyright. Whenever a work which establishes some trait of a character falls into the public domain, so too does that part of the character. Unauthorized uses of the character are really unauthorized uses of the work, which is what can give rise to infringement. A character cannot be copyrighted separately from the work in which he appears, however.

Or to the extent that the work is not protected, either because it is in the public domain, or because some exception to copyright law applies.

Clarity; To avoid paying greater fees for litigation down the road, even if they were confident that they would win; As a favor wrapped in a plausible excuse; For good PR. There are good reasons to do so, is the point.

No it doesn't. Copyright law in the US states that if a copyright is prima facie infringed, but constitutes fair use, then there is no infringement. Parodies and satires -- and for that matter, literally any other sort of use -- can potentially be fair uses, but are not necessarily fair uses. Certainly there have been both parodies and satires which were not fair uses.

It can easily be seen as a satire. Whether it's a parody is a slightly more difficult question. The legal distinction, for those unfamiliar with this, is that a parody somehow makes fun of the work being used; a satire makes fun of something else, but uses the work to do so. Making fun of the trend of 'gritty reboots' in cinema by using the Power Rangers is certainly satire -- it makes fun of other gritty reboot films and shows. I'd have to have seen it, and know something about the regular Power Rangers to have an opinion as to whether it's a parody, and I frankly don't care enough to bother.

The question of whether the filmmakers meant it as a satire at the time that they made it and released it, and whether that matters, is certainly an interesting one. I can't think of caselaw that indicates that the timing matters or not, but please feel free to cite some.

This is an incorrect view of fair use.

Fair use applies to any sort of use of a copyrighted work, which but for fair use would be infringing, and which is fair. I know this sounds like a tautology, but there it is. There is a four-factor test as to whether a use is fair or not, which we'll get into shortly. That's really what matters. True, there is a list of examples in the statute, but it's really meaningless: It's not an exhaustive list of all types of fair use, and the types of uses listed are not necessarily fair. While it was meant to provide guidance, the list of uses has turned out to only cause serious confusion. I strongly encourage you to ignore it completely.

For those reading along, the four factor test is:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The key thing to bear in mind is that the test is not to be applied in a strictly mathematical way; it's really just a tool to provide guidance for the ultimate question of: Is the use fair?

Fair uses have been found when most of the factors weigh against it. And the four factors are not the only factors worth considering; courts must consider them, but can also consider additional factors if they like, with no rules as to what those factors are.

In any case, you're looking at the 'amount and substantiality of the portion used' in too mechanical a fashion. Remember, the copyright for a character is really all about the details that go into describing the character. What does he look like? What clothes does he wear? What sort of method of speaking does he have? What kinds of behavior are typical for him? And so forth.

For example, if the character in question were Harry Potter, the character would be used less if, for instance, his scar did not appear, or there were no mention of his crappy home life. Those aren't the only traits that define the character, obviously, but the fewer you use, the more likely it is that you're engaged in fair use. (New traits made up by the user, which do not appear in the original work don't matter, btw; so if you add fluency in Magical Esperanto, it doesn't weigh against fair use, since it never arises in Rowling's books or in the movies)

Again, I haven't seen anything involving Power Rangers, but if it's just that the characters are dressed in similar outfits and otherwise bear no relation to the originals, this would indicate that relatively little of the characters were used.

And of course, remember that even if 100% of a work is used, it can still be fair use, under the right circumstances. Instances of time shifting and space shifting have been found to be fair uses, and they use all of the work.

It doesn't sound absurd to me. Whether it has artistic merit has no connection to whether it's legal. The silent movie Nosferatu is a classic but infringed on the copyright of the novel Dracula. Luckily, while the courts ordered the film destroyed, one copy survived, and we have that to thank for the preservation of the film.

There's no central registry of copyright registrations, assignments, and licenses. There probably should be, but there isn't. How would Vimeo know that the filmmakers didn't have permission? They could've gotten the rightsholder to grant them an oral or implied license, and there would be no way for Vimeo to distinguish that from them having no license at all. It's not Vimeo's job to know these things, and usually they're in no position to find out. Requiring rightsholders to search for infringements is the best way to go.

No there's not. There is no moral aspect to copyright; it's amoral and utilitarian. Though if pressed, I would say that it is more moral to create and publish works than it is to prohibit the creation and publication of works (particularly if it's just about money).

So the protection is only effective if someone steals my phone while it's turned off, which is, like, 0.1% of the time?

Entirely different threat vectors.

When the phone is on and locked, the attacker has to (relatively slowly) manually punch in a PIN and deal with lockouts and such. Shorter passwords are sane in that case.

When the phone is powered off, the attacker can pull the flash and do a high-speed static attack. A short PIN won't stand up in that situation.

Then over the next 15 years we managed to push the clock-speed boundary up another, what 3-4x? That looks an awful lot like hitting a brick wall to me.

It could be. Then again, it may just be the improvements that gave rapid increases in clock speed were the low-hanging fruit at the time, and once increasing clock speed further became difficult (but let's not say "impossible") then other low-hanging fruit came along.

Maybe it's a brick wall, and maybe not, but the industry has a long history of "probably not" when it comes to telling them what they can or can't do.

There is some debate among people if 5nm will make sense or even be reasonable to do...

It's not a new discussion by any means. It was an old debate when people were asking whether a 100MHz bus was as fast as we could get, and 45nm was considered ridiculously small. The GHz barrier on clock speeds seemed insurmountable.

Didn't stop anyone, did it?

If it can be done, someone's going to try. If it can be done profitably, we'll see it on our desks or in our pockets in a few processor generations. That's just how it is.

I should have no reasonable expectation that a farmer (Nye wrote "regular software writers and farmers") would have expertise in astrophysics for example.

I'd expect farmers to have a far better background in and a more intuitive understanding of science than software writers. Farming is, at its core, applied science. It may not be as rigorous or structured, but for thousands of years people have lived and died based on how well farmers hypotheses have panned out.

Software writing and computer "science" in general falls more under mathematics than science. In mathematics, once something is proven it stays proven, not matter how sloppy or random the process of getting to the proof might be.

I guess that opens a philosophical discussion of whether writing device drivers counts as "kernel coding" at all.

writing device drivers is debatable; the kernel side of it is frequently just cut and paste from elsewhere and most of the "real work" is on the device side. A strong argument can be made that maintaining them in the longer term is true kernel coding as there's a bigger need to track changes to the kernel side of things.

Then again, it might've gotten easier. I haven't maintained drivers since the 1.3/2.0 days.

No, they fund things that have a military application, some of which are interesting. But it's not like the good old days, when they'd fund things that were interesting, regardless of military value.