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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:Free market means exactly that ! (Score 1) 405

  • Fraud would be charging without notice, and without offering an opt-out.

Sorry, wrong. Fraud is intentionally charging someone for something they did not order. This falls right into that category. OP is under no obligation to read his email to prevent being charged thousands for an item he did not want.

Comment Re:I got the notice... (Score 1) 137

You think this matters? We should have real concerns. In late October Resers had a listeria recall on a lot of products produced at one assembly plant for lots of sub-companies. There has been no followup in the news (post november) detailing any further testing by them or the FDA. That original recall was initiated due to testing done in Canada. Should there be any consumer confidence by the American public that we can trust a factory like this to produce safe food? Look at their recall window on those products, it has been expanded now and includes 2014 products. How often do they test!? Why are they still shipping this food if its being recalled? This problem was first exposed in October. How often do they do a thorough cleaning!? I have tried to followup and have not been told of _any_ routine testing done on American soil by either the FDA or the company in question. The Reser consumer rep literally told me consumers do not care about their quality practices and that she did not have any information for me on how often they test for this. I have tried to find out more and all I have to go on is public information in the news. All consumers have are gems like this and more questions:

The problem was discovered through microbiological testing by the Canadian Food Inspection Agency. A traceback investigation and follow-up testing by FDA at the facility determined there was potential cross contamination of products with Listeria monocytogenes from product contact surfaces.

Comment Preliminary injunction (Score 1) 211

I guess it would take a litigator to notice this, but it's quite unusual that a preliminary injunction denial would be getting this kind of appellate attention.

In the first place, it was unusual for an interlocutory appeal to be granted from the denial of the preliminary injunction motion. In federal court usually you can only appeal from a final judgment.

Similarly, apart from the fact that it's always rare for a certiorari petition to be granted, it's especially tough where the appeal is not from a final judgment, but just from a preliminary injunction denial which does not dispose of the whole case.

Comment Re:real socialism (Score 2) 356

If you want to have honest conversations with people, you need to be clear what you're talking about.

I was not applying some sort of rhetorical strategy. What anon was alleging is that you cannot have any meaningful conversation with some progressives because they try to mislead people, and that they do not tell the whole story. I was merely bringing up the reality that no one wants to have an honest conversation. Further: It's misleading statements like that that turn off moderates (who can easily google the federal budget) from believing in the good intentions of us on the left. I would assert that neither side has "good intentions" but merely their own interests at heart. Each side sort of has to keep repeating things over and over and over again for the truth to sink in, to kind of catapult the propaganda and hope that the way they frame things wins out.

Imagine if a (real not Koch-brothers-fake) community action group approached regulars on the street with a whitepaper and said: Here in these 50 pages we outline the background behind Social Security and provide statistics that reinforce our belief that everyone needs to contribute 37% more. What would those people do?

Comment bcache (Score 1) 147

Is using bcache really this hard? I didn't see any mention of setting up bcache during an initial system install. Essentially like: install everything to /dev/sda and use /dev/sdb as cache? Couldn't this be done if /dev/sda1 was a LVM w/ / on it, maybe with /dev/sda2 as /boot?

Comment Re:real socialism (Score 2) 356

When other progressives say stuff like this, it really pisses me off. Your statements are more than a little misleading.

Do you mean to say that those on the right never say statements that are misleading? That the big ag lobby never misrepresents the tremendous aid they get from the farm bill, while the pawns in the house try to cut spending on nutrition programs? That we do not comply with our free trade agreements - and that those other nations are merely trying to lash out at us unfairly? (I listen to ag radio, you wouldn't believe the nonsense. One day the corn lobby is complaining about the EPA relaxing the ethanol mandate; the next the beef lobby is saying how great it is since they have had to buy that over priced corn and have seen some red ink the last couple years. All the while no one cares about this particular case where government is regulating a free market?) You can pick another sector if you want, food alone is just so easy to refute you with. So please step off your soap box and review the situation(s) in the real world.

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