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Comment Re:There are alternatives... (Score 1) 174

>it's not supposed to be a Minecraft clone

Having just looked at the site I can't really believe this. It has the same visual appearance (like Minecraft to Infiniminer but more so), the same tools in one screenshot, the same placement of the tools. From descriptions it appears to have the same general game mechanics. It doesn't have to be an exact replica to be a "clone" in game terms IMO.

Comment Re:Well its really just another ARM CPU (Score 1) 125

It's not the core instruction set that's the problem with booting alternate OSes .. as long as you stick to the base archtecture you'll be fine. It's the lack of standardization when it comes to boot firmware and device configuration that's the problem. The server ARM initiative at least is standardizing on UEFI and ACPI .. hate them or love them, making ARM hardware more similar to Intel Architecture hardware will likely make it easier to support both.

Comment Re:Read: tax deduction (Score 1) 93

Under Amazon's retail agreement, the publisher's set the book price that amazon paid. Amazon then set the price for customers - amazon had various prices for books, rather than a flat rate. Some were loss leaders - a common enough tactic in the retail world, big book chains do it all the time - but amazon's ebook division was profitable on its own merits - something a DOJ investigation confirmed. That's not dumping, and there were other competitors in the ebook space that were also profitable. If the publishers weren't happy with their margins - which were comparable to other retail models - they were fully entitled to go to amazon and negotiate new retail rates individually, just like they do with other book retailers.

Apple looked at that model, saw they weren't going to make their usual profit margin, and went to the big publishers. Apple said 'we'll let you set the final customer price, we'll take 30%, and an agreement that you won't let any other seller undercut us'. The publishers saw this is as a chance to raise prices and make more profit, and stitch up amazon at the same time. The publishers went to amazon all around the same time, and said, 'these are the new terms. Agree to them, or no more ebooks'. Given Amazon then was facing a choice between no ebooks at all, and the new terms, they rolled over.

Collusion to raise prices is illegal, for very good reason - it defeats the purpose of free markets, that of delivering the best product for the lowest price. And that was what they did. Higher prices across the board, more profit for apple and the big publishers, with no improvement to the product, through collusion. If the publishers wanted higher prices, they could have charged them to amazon individually; or set up their own book store with higher prices. And that would have been competition. But they chose not to compete in the marketplace, but arrange a back-room stitchup deal to raise prices for customers. And all the publishers have now settled with the DoJ for doing so.

Apple could have competed with Amazon; there was nothing stopping them setting their own prices, and making it so easy to use that people would use them instead even if they were more expensive for some books. Or offer other value-added services. Or shock, actually compete on price, it's not like apple was some startup tight on cash! They chose not to do any of that. And now they have to pay for the harm they did - which was artificially higher prices for books. They didn't increase competition; they made a deal with the publishers to lock in a higher profit margin for themselves and nobble their competitors at the same time. That's the exact opposite of competition.

Comment Re:Key Point Missing (Score 2) 34

The summary misses a key point. Yes they scan and store the entire book, but they are _NOT_ making the entire book available to everyone. For the most part they are just making it searchable.

Agreed that it's not in the summary, but as you correctly note, it's just a "summary". Anyone who reads the underlying blog post will read this among the facts on which the court based its opinion: "The public was allowed to search by keyword. The search results showed only the page numbers for the search term and the number of times it appeared; none of the text was visible."

So those readers who RTFA will be in the know.

Submission + - Appeals Court finds scanning to be fair use in Authors Guild v Hathitrust

NewYorkCountryLawyer writes: In Authors Guild v Hathitrust, the US Court of Appeals for the Second Circuit has found that scanning whole books and making them searchable for research use is a fair use. In reaching its conclusion, the 3-judge panel reasoned, in its 34-page opinion (PDF), that the creation of a searchable, full text database is a "quintessentially transformative use", that it was "reasonably necessary" to make use of the entire works, that maintaining maintain 4 copies of the database was reasonably necessary as well, and that the research library did not impair the market for the originals. Needless to say, this ruling augurs well for Google in Authors Guild v. Google, which likewise involves full text scanning of whole books for research.

Submission + - Councilman/Open Source Developer submits Open Source bill (gothamgazette.com)

NewYorkCountryLawyer writes: New York City Council Member Ben Kallos (KallosEsq), who also happens to be a Free and Open Source Software (FOSS) developer, just introduced legislation to mandate a government preference for FOSS and creating a Civic Commons website to facilitate collaborative purchasing of software. He argues that NYC could save millions of dollars with the Free and Open Source Software Preferences Act 2014, pointing out that the city currently has a $67 million Microsoft ELA. Kallos said: "It is time for government to modernize and start appreciating the same cost savings as everyone else."

Comment A little late, but welcome (Score 1) 136

A cynic might argue that the key difference in this case was that, for a change, the ISP's, and not merely defendants, were challenging the subpoenas; but of course we all know that justice is 'blind'.

An ingrate might bemoan the Court's failure to address the key underlying fallacy in the "John Doe" cases, that because someone pays the bill for an internet account that automatically makes them a copyright infringer; but who's complaining over that slight omission?

A malcontent like myself might be a little unhappy that it took the courts ten (10) years to finally come to grips with the personal jurisdiction issue, which would have been obvious to 9 out of 10 second year law students from the get go, and I personally have been pointing it out and writing about it since 2005; but at least they finally did get there.

And a philosopher might wonder how much suffering might have been spared had the courts followed the law back in 2004 when the John Doe madness started; but of course I'm a lawyer, not a philosopher. :)

Bottom line, though: this is a good thing, a very good thing. Ten (10) years late in coming, but good nonetheless. - R.B. )

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