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Comment Only concerns ISP-specific models (Score 2, Insightful) 66

Past research has shown that the security of ISP-provided routers is often worse than that of off-the-shelf ones. Many such devices are configured for remote administration to allow ISPs to remotely update their settings or troubleshoot connection problems. This exposes the routers’ management interfaces along with any vulnerabilities in them to the Internet, increasing the risk of exploitation.

So, in other words, these models were specifically made for and distributed by an ISP, and were not off-the-shelf models. The backdoors were there for the ISP managers. For 99% of network users out there, these vulnerabilities are of no practical concern.

Comment Re:Good (Score 2) 302

"Perhaps the Harold Lloyd films I saw had some new music added precisely to extend the copyright as derived works"

Adding something to an existing work doesn't extend a copyright: whatever copyrights already existed continue unchanged. Rather, new copyrights are created when the new work is, provided that the new work is a "work of authorship". All works are derived, because all of us rely upon historical material of the past. Conceptually just saying "ABC" is deriving content from the alphabet, but in such a case there is a work but no substantial authoritative content to hang copyrights on. Incorporating letters, words, colors, sounds, and anything else that existed before is a derivation of that content; the author must add something additional in the class of authorship to develop his claim to copyright protection.

I think Miamicanes got it mostly right, except that I would emphasize that transforming or changing a work in an automated, random, unintelligent or specification-conforming way is not "authorship", and would not render the product copyrightable. If you passed one of Shakespeare's works through Google translate to produce something in French or modern English, that effort would arguably not create a copyright because there would be no authorship. (The software running the translation is copyrighted, but not the product of the execution of that copyrighted software.) We can argue about whether or not such works are valuable, but that value must be created by something other than through copyrights.

Comment Nothing surprising here... (Score 1) 173

Experts inherently favor the interests of those who pay them. The FBI doesn't get paid to find people innocent. In a world where the FBI can choose to hire this expert or that expert, it will rehire the ones most likely to make a finding helpful to a finding of guilty.

Courts are masters of deciding truth between opposing parties. Where one side possesses more resources than the other (the U.S. Attorney General's Office vs. the local public defender) the criminal court is crippled to find the truth of guilt or innocence.

The same holds true for the experts reporting to the IPCC...

Comment Like telling smugglers the can't use $100 bills (Score 1) 229

They'll use $20 bills instead. Multicore processors with networking interfaces are in your phone, manufactured in South Korea and .... (wait for it) China! Okay, so it might take a bit more of them to get the same processing power, or it might take the Chinese longer to run their simulation, but they ain't stoppin' nobody.

Comment Re:They learned Legal Wiggling 101 from Microsoft (Score 1) 292

Well, yes, but it's an implied license. The purchaser of a car doesn't sign a separate piece of paper permitting him to do stuff with the auto's code. It's like that video you bought over the weekend. Copyright law prohibits performances of protected works. Can you invite the neighbors to watch that video for free? Yes, because with your purchase you got the implied license to do so. Can you open your own movie theater and charge admission? No, because your implied license doesn't cover that.

Now, if you want to look at the code, copyright law won't stop you from doing that. (But the manufacturer might by not giving you a port of access.) If you possess the copy of the work, you get to look at it. You just don't get to reproduce it or perform it (say, in another model of a car, modified or not).

The manufacturer might claim the code to be a trade secret too, but that won't work very well because they will have published it by putting it in the cars they sell to the public.

So unless the car manufacturer is going to make the purchaser sign a contract not to fiddle with the code, and to make any subsequent purchaser bound to the same terms, I think they just have to put up with the modders and the rodders...

Comment Re:Another puff of hot air from our Obama-in-chief (Score 1) 144

Impeachment? Why would the Republicans do that? Obama is embarrassing the hell of of the Democrats on a daily basis with his pompous press releases. Oh, I assure you that the Republican members of Congress absolutely love Obama and want this to continue as long as possible. It assures their future re-elections...

Comment Re:How can foreigners be charged under US law? (Score 2, Funny) 144

Wow. I'm glad that you educated me. I had always thought that the Constitution granted the power to declare war to Congress alone.

I always thought, too, that there were civilian administrative procedures. I'm sure glad you let me know that that lady working in the drivers license division was drawing military hazard pay. And judges and courts ... all part of the military machine, eh?

... and that mystical power of the President to command the executives of banks in foreign countries ... I had no idea about that either. If you tell me Bigfoot is real, I'll believe that too.

Comment Re:Another puff of hot air from our Obama-in-chief (Score 2) 144

So he's got the power to unilaterally rule a US Citizen in Yemen is an enemy of the US, and blow up said citizen with a drone (incidentally killing several others), but he can't freeze the US bank account of a Chinese military officer whose busily hacking Americans?

Until Congress changes it, yep. That's how it is, no matter how illogical it might seem.

When normal lawyers deal with the Commander-in-Chief clause, which has very few limits (the biggest is that it doesn't apply that often), they really get into trouble fast.

Nope. Look it up for yourself: http://en.wikipedia.org/wiki/W...

Comment Re:How can foreigners be charged under US law? (Score 2) 144

You seem to be confused there. If he's issuing "sanctions" (as per the announcement), then there is some kind of judicial or administrative procedure. If he's waging war, then he can use the War Powers Act. (BTW: Obama declaring this to be a "national emergency" doesn't make it one sufficient to engage that Act.) That Act doesn't authorize a president to do whatever-the-hell-he-wants.

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