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Comment Re:Car analogy? (Score 5, Insightful) 142

We're trying to make smaller and smaller cars out of silicon, because then we can fit more cars onto parking lots. The number of cars we can fit onto a parking lot has been doubling approximately every 18 months for the past half-century, but we appear to be approaching some hard physical limits for the actual size of cars. In addition to the limits imposed by the size of the cars themselves (below a certain size, cars start interacting at a quantum level with the other cars around them), there are also challenges inherent in manufacturing cars at such a tiny scale. There is some new car-making technology on the horizon that may resolve these issues by using higher-frequency car-making lasers in our car foundries. But top researchers still have technical hurdles to pass before they can manufacture cars that are smaller than 7nm.

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. )

Comment Re:Climate Science Defector Forced to Resign (Score 1) 178

If I wandered into a programming-language-of-the-week thread and started posting about Syrian refugees, I'd rightly be chastised and modded down. In no way is that the appropriate forum to air my grievances.

In fact, I'd go so far as to say that "no reasonable person" would think it's appropriate. So, yeah. Insane. Unable to grasp or understand social norms.

Comment Re:Time to move into the Century of the fruit bat. (Score 1) 1198

So its unacceptable for them to behave this way, but its ok if the state does it?

This argument has got to stop. I am 100% against the death penalty, and this statement hurts my position by associating me with morons.

Raping and killing a 6-year-old != Killing a rapist murderer who makes society a worse place

If you honestly can't see why some people would see a difference, please shut up simply as a favour to me. If you can understand the difference but think your argument still has merit, you'll need to write a lot more than a pithy one-liner to sway people to your point of view.

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