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Comment What do people want? (Score 1) 445

I see this sort of news couched in discussions of "What do people /really/ want?" but that has little relation to what would be a market success.
That's like asking "What kind of food do people really want?" when the reality is that people cluster around multiple options in the market.

With plenty of room for debate, there are multiple clusters of success in the mobile market today. For the sake of argument:
- safe, pretty, predictable, simple, stable, walled garden -- apple totally owns this ~20% of the market, populated mostly with 1+gen older iPhone devices
- predictable, pretty, open/powerful, cheap, with a walled garden that's easy to exit -- android devices mostly running 4.3 and prior
- powerful, predictable, pretty, walled garden that's easy to exit -- top-line android devices mostly running 4.4+
- purpose-built, totally walled, predictable, safe (and fugly), designed for easy remote mgmt by corp -- used to be owned by Blackberry
- totally walled, predictable, safe (and very pretty), designed for easy remote mgmt by corp -- top line windows mobile devices

From this view, Windows Mobile doesn't compete in or intersect much with the same success cluster as newer OR older clusters of Android. So you have to ask yourself, what does success look like for Windows mobile? Dominating the market that Blackberry/RIM dropped through their own mismanagement? Not being snide here, but I keep looking at WinOS devices, and see elegant solutions to problems that few people have or that are increasingly becoming solved by feature subsets of other clusters.

Comment Re:Pandora's Box (Score 1) 467

just because democracy and the state do not work as you would like them to, it does not mean you can take the matter in your own hands.

It actually does mean exactly that. If a state wishes to assert legitimacy, the onus lies with the state to ensure that justice is uniformly and fairly carried out. The state is ultimately accountable to the citizens, not the other way around. Justice is far more important than the unchallenged authority of the state.

Of course, there can/will be consequences for taking the law into your own hands (which can't often be said for agents of the state). Of course, a regular process for determining guilt and dispensing retribution is preferred.

Comment Re:Pandora's Box (Score 1) 467

And what happens when the police departments show complete disinterest to your problem?

Change the system. Sorry there isn't an easier answer, but that's the price of living in a democracy.

While it is in many ways (far) less than ideal, there is an easier answer: vigilantism.

One man can solve his "justice" problems by himself, but one man can't change the system by himself. If society at large decides that vigilante "justice" is not something that we want, then we can change the system together. There is a recurring progression to these things that isn't easily short-circuited.

Comment Re:Uh ...wat? (Score 1) 467

What is the best thing he could do, then? Vigilante responses only start to look attractive when official responses are withheld. If police actually investigated crime that is important to citizens, rather than wasting their time going after drug users and speed limit violations, vigilante responses would be less attractive. The police magically appear at the corporations' behest when someone tries to report a security vulnerability; where are they when citizens need them?

Comment Re:Parody (Score 1) 255

And time shifting doesn't use just one. Time shifting monetized (when done by a company) is almost always not fair use. Tivo is the only one that survived legal challenges.

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.

But it meets more than just one criteria. It's non-commercial.

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.

Comment Re:Parody (Score 2) 255

I don't think the parody exemption for copyrighed works applies to things protected by trademark, which I wouldn't be surprised if the Power Rangers are.

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.

Comment Re:Parody (Score 2) 255

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.

Comment Re:Parody (Score 2) 255

a parody is allowed to use however much of the original work it wants to.

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.

Comment Re:Parody (Score 2) 255

You're allowed to use copyrighted material to parody that specific material, but not to parody something else.

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.

Comment Re:Parody is protected (Score 1) 255

Parody is protected; satire is not.

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.

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