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Comment Re:No more "Fair Use" law? (Score 1) 287

You file the counterclaim that is provided for in the DMCA, indicating that to the best of your knowledge you are not infringing copyright. The ISP must then put the content back up If the copyright holder still wants to pursue the matter, it is up to them to take it to court.

Nevertheless, at THAT moment the legal exposure and costs become quite real. What we need is a private consortium of fair use defenders to fund these counterclaims, or something like it, to even the scales of power.

Comment Re:Well now (Score 1) 386

Here's a good conspiracy theory: Are they really paying money, or did MS say "Hey, if you "pay" this licensing fee for Android, we'll return it to you as credits on Windows Mobile licensing fees".

So Microsoft gets to spread FUD and tell everyone "Hey, these other guys paid up, so should you", while the companies may not be paying anything.

Since MS tried to require an NDA and confidentiality just to disclose the patents (which are already in the public domain), I wouldn't be surprised to find that they had some backroom deal to reward companies for paying for Anrdroid.

This is what I've been thinking from very early on.

Comment Re:Not the Droid you're looking for. (Score 1) 231

"The major manufacturers would have only come to terms with Microsoft if they came to the conclusion that in a drawn out court battle, Microsoft would win."

I disagree. The terms of these agreements are never disclosed. I think instead of confining your analysis to just the results of a potential court battle, you need to consider what else might be thrown into the mix. It could just as well be that Microsoft is offering more than just indemnity for the licensing money. It could be a sweet offer we know nothing of, which allows Microsoft to continue to get press about the "cost" of using the Android OS.

Google

Submission + - Google Enlarges Warchest With 1023 IBM Patents (bloomberg.com) 1

ElBeano writes: Google has continued to beef up its patent portfolio in the face of the onslaught from Apple and Microsoft. The best defense is a good offense. "Google is building an arsenal of patents that the company has said is largely designed to counter a “hostile, organized campaign” by companies including Apple Inc. and Microsoft Corp. against the Android operating system for mobile devices. Google had already acquired 1,030 patents from IBM in a transaction recorded in July, and will obtain more than 17,000 with its $12.5 billion acquisition of Motorola Mobility Holdings Inc."

Comment Re:sad isn't it ? (Score 1) 916

"It's pick and choose, and morally bankrupt."

It's only morally bankrupt if the one doing the picking and choosing is thus. Using the Bible to create a personal mythos can be a fundamentally rational process, guided by a set of moral presuppositions, that leads to something beyond the rational. I have never met nor never read anyone who was able to create their system of values wholesale out of purely rational cloth (Certainly many tried, thinking of Kant). That's not a human failure, or a failure of reason itself, it's just reality. Myth and story are important to everyone. Fundamentalists of all stripes simply want to be reductionistic regarding their chosen "story". I have been greatly moved by elements from all the world's great religions and many of those considered to be less important. Likewise, I've been inspired by scientists who have been able to take the leaps of faith necessary to construct a fleshed out ethic, informed by both science and human values. Beyond all that, I believe that it is possible to bring values under the umbrella of science, but that won't happen when we are at war with each other and insist on embracing the variety of fundamentalism embraced on our chosen side of the battlefield. When it does, it will be because we will recognize that all of our so called knowledge is provisional, waiting to be informed by the journey we are taking into the future.

Comment Re:Meh (Score 2) 296

You were modded up as insightful, but for many straight quarters, Apple has been performing very well. Their stock price reflects real world, historical performance. If you happen to know that they are headed for an earnings drop, please tell us how you know.
Earth

New Fish Species Discovered 4.5 Miles Under the Ocean 96

eldavojohn writes "The University of Aberdeen's Oceanlab (a partner in the recent census of marine life) has discovered a new snailfish. That might not sound very exciting, unless you consider that its habitat is an impressive four and a half miles below the ocean's surface (video). If my calculations are correct, that's over ten and a half thousand PSI, or about seventy-three million Pascals. The videos and pictures are a couple years old, as the team has traveled around Japan, South America and New Zealand to ascertain the biodiversity of these depths. The group hopes to eventually bring specimens to the surface. It seems the deepest parts of the ocean, once thought to be devoid of life, are actually home to some organisms. As researchers build better technology for underwater exploration, tales of yore containing unimaginable monsters seem a little more realistic than before."

Comment Re:It's unfair (Score 1, Flamebait) 210

Thanks for the common sense post. So many here think they should just get a free ride. Give me a dumb, fast pipe, don't play games with blocking ports and services and charge reasonably for bandwidth and traffic and I'm a happy customer. I'm tired of being treated as a LCD (lowest common denominator) customer and not being given sensible choices. I'm tired of being lied to when the ISP's network has issues (i.e. told to reboot endlessly when I can clearly tell where the problem is). Sell me a bona fide business connection without expecting to charge me for integration services or unneeded bells and whistles.

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