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Comment Re:Yes! Copyright terrorism must be stopped! (Score 1) 207

And surely these evil scum will get what they deserve when they and all their loved ones are killed in a justifiable drone-strike!

Seriously, this is what a police-state looks like, there is no way to deny it anymore.

A police state run for more than half a decade by Barack Obama. Right?

For some reason, there's a taboo about connecting that dot.

Comment Re:From a non-driver perspective (Score 1) 218

Driving yourself around is dead. It's inefficient. Ridesharing is "libertarian" because it is truly freeing.

That's great, for your situation.

Getting my four kids where they need to go, day in and day out, bringing home huge loads of groceries (and smaller ones in between), etc., however, just isn't served well by anything other than having and using my own vehicle.

Comment Re:I think that this is actually illegal (Score 1) 317

It's not the ripping software, it's the digital recording function, i.e. the ability to write to disk.

Here's what the court said in the RIAA v Diamond Multimedia case: (internal citations removed)

Unlike digital audio tape machines, for example, whose primary purpose is to make digital audio copied recordings, the primary purpose of a computer is to run various programs and to record the data necessary to run those programs and perform various tasks. The legislative history is consistent with this interpretation of the Act's provisions, stating that "the typical personal computer would not fall within the definition of 'digital audio recording device,'" because a personal computer's "recording function is designed and marketed primarily for the recording of data and computer programs." Another portion of the Senate Report states that "[i]f the 'primary purpose' of the recording function is to make objects other than digital audio copied recordings, then the machine or device is not a 'digital audio recording device,' even if the machine or device is technically capable of making such recordings."

So it really depends on what else the car's ability to write to disk is both primarily used for, and what it is primarily marketed for. The latter is probably worse for them; even if the car happens to be writing map or diagnostic information to disk, probably ripping CDs is what is mainly being advertised.

Comment Re:Time Shifting? (Score 1) 317

No. Here's the relevant part of the ruling, quoting the Senate report on the bill:

"[i]f the `primary purpose' of the recording function is to make objects other than digital audio copied recordings, then the machine or device is not a `digital audio recording device,' even if the machine or device is technically capable of making such recordings."

What information does the car's system digitally record other than music? That it might display digital information, or play digital information isn't relevant, since those don't involve the recording function.

Computers record lots of stuff to their hard drives. Some of it is music, but the ability to write to disk isn't primarily designed for digital music, nor primarily marketed for that.

Comment Re:exfiltrated? (Score 1) 184

> withdraw (troops, DATA or spies) surreptitiously, especially from a dangerous position

The term is commonly used in info sec.

OK, but it's an odd neologism.

All told, CyberESI was able to identify and acquire more than 700 files — totaling 762 MB total size — that were exfiltrated from IAI’s network during the compromise.

I guess you could "exfiltrate" files that you put on there ... though given the nature of files you'd probably just delete them. But you wouldn't "exfiltrate" someone else's files.

If infiltrating is putting your own stuff in, then exfiltrating would be taking your own stuff out, logically. But language isn't always logical, sure.

Comment Re:Time Shifting? (Score 1) 317

No, the car doesn't count.

Let's look at a bit more of the relevant language in the statute:

A âoedigital audio recording deviceâ is any machine or device of a type commonly distributed to individuals for use by individuals, whether or not included with or as part of some other machine or device, the digital recording function of which is designed or marketed for the primary purpose of, and that is capable of, making a digital audio copied recording for private use

It's what the primary purpose of the digital recording function is (or is marketed as) that matters. We disregard the car and the rest of the machine altogether.

Comment Re:The Alliance of Artists should lose this suit (Score 1) 317

I think you really need to go back and read up on Copyright Law (17 USC). The license is implied in Copyright Law.

No, there's no license, particularly no license 'implied in the law,' whatever that means.

You have an inherent free speech right to do anything with a work that you like, except for things that copyright gives an exclusive right to the copyright holder about. A copyright holder can only possibly grant a license for something that he holds a right to; he cannot give you permission to do something you don't need his permission for. And once the copyright on the work expires (no, seriously), you're no longer limited as to the exclusive rights either.

So for example, there is an exclusive right to publicly perform music, but not an exclusive right to privately perform music. Even if you have a stolen CD that was itself made illegally, you can lawfully privately perform it without infringing on copyright. No license or anything.

All this licensing bullshit basically is a side effect of stupid (and largely unnecessary) practices in the software industry. It's mostly folk myths. If there's a license, you'll usually know it: it will almost certainly be pages and pages long, written, and you'll have to expressly agree in some way. Record companies would not sell CDs with some sort of implied license.

No, the CD is the work, it is not the derivative.

Depends. Assuming you just mean an album, and not the piece of plastic, it'll either be a work or a compilation.

You do have a right to transform it.

No, that's preparation of a derivative work, probably; an exclusive right at 17 USC 106(2), and doing it is infringing at 17 USC 501(a). You'll need an exception to copyright, or for the work not to be copyrighted, or a license, in order to just make the derivative, never mind distributing it. And if it's not a derivative work after all (see the definition at 17 USC 101), it's likely an infringement of the reproduction right at 17 USC 106(1).

By definition, Fair Use is not an infringement.

Correct. Though as a practical matter, it's treated like an affirmative defense... it just makes more sense to do it that way, even though it is indeed an exception to copyright.

Comment Re:The Alliance of Artists should lose this suit (Score 1) 317

As long as you don't distribute it, its totally legal. No doubt about it.

No, it's only legal under the right circumstances. Fair use is entirely a case-by-case thing. Just because it could be a fair use sometimes doesn't mean that it will be every time. And vice versa, under the right circumstances, any sort of infringement might be a fair use.

Anyway, I wouldn't recommend relying entirely on it if a better option were available.

Comment Re:I had to look up the AARC (Score 1) 317

The AHRA means it is _legal_ to buy a blank audio CDR, copy a CD onto it (or make a mix CD), and give it to your friend.

No.

First, it doesn't make it legal, it makes it non-actionable; there's a difference. (I am reliably told that it was supposed to be legal, but it got changed at the last minute in a suspicious manner)

Second, it doesn't say you can give the AHRA-compliant copies away. Just that they can be noncommercially 'used.'

Comment Re:Unbelievable (Score 1) 317

Even before CDs were invented it was legal to make your own copy for your own use of copyrighted material you owned

Actually, it was never quite clear. It's since been expressly made non-infringing (not technically the same thing as legal; they're very sneaky) in some situations, but not any that are relevant to most people. There's also a fair use argument, but that's not the best thing in the world to rely on; fair use depends on the specific circumstances at hand, and doesn't always produce consistent results.

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