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Comment Re:I think they might'a meant to say something els (Score 1) 183

Actually, the Copyright Act was replaced entirely in 1976 (becoming effective in 1978), and has been amended some, yet in substantial ways, since then. Noises are being made about a new Copyright Act coming along in the near future.

The person who wrote the summary is a bit confused. What happened is that the Warner claim was based on a copy published in 1935. Evidence was discovered of a copy that was published in 1927. That's not terribly interesting, but a copy published in 1922 has also come to light. That is interesting, because the cutoff for copyright on published works is 1923. (Due to the duration of copyright prior to the effective date of the 1976 Act, which retroactively lengthened the term of copyrights that were still in force)

Comment Re:Mickey Mouse copyirght extenstions... (Score 1) 183

Disney holds a trademark on Mickey Mouse, and can retain said ownership into perpetuity. That aspect alone can rightfully keep anyone else from utilizing the character in their own works, forever,

No, that part of the trademark will lapse when the copyright terminates. A trademark can't function as a substitute for a copyright. The remainder of the trademark might prevent people from selling MICKEY MOUSE brand breakfast cereal, but it would not stop them from using the character in their own works.

This is really the main reason that Disney is concerned about copyright terms; they know what would happen to the trademark.

Comment Re:Invasion of the DMCA trolls? (Score 1) 183

Piffle.

Copyright is utilitarian from top to bottom.

Copyright is only tolerable if it is better for society than not having it. One specific implementation of copyright is better than another if it provides a greater benefit for the public than the alternative.

It's no more based on fairness than a zoning regulation requiring a certain setback from the street.

Comment Re: Mickey Mouse copyirght extenstions... (Score 1) 183

A small nit here:

An exclusive right isn't a right that is held only by one party (and in fact, copyrights can be held by many parties), but is literally a right to exclude others.

So copyright isn't a right to make copies (that's free speech, and it applies even to works that aren't eligible for copyright). It is instead a right to exclude other people from making copies, and from doing certain other things with regard to the protected work.

Comment Re: Mickey Mouse copyirght extenstions... (Score 1) 183

As far as copyright on the glyphs for the letter font goes, the consumer or manufacturer who uses them, pays or has to pay for their use. I'm sure Microsoft and Apple license the various fonts included in their respective OSes.

Letter shapes are not copyrightable in the US. They may be eligible for a design patent, but that's relatively short-lived. Usually the only protectable thing, especially over a decent timeframe, is the name, as a trademark. That's why Apple's version of Helvetica from way back was called Geneva, and Microsoft's was called Arial.

How about forcing these descendents to donate their parents' assets to the public domain, just like copyrighted works?

We do.

We impose taxes on inheritances, because inheritance of substantial wealth is harmful to society. We impose taxes on property, because ownership of large, unproductive estates is harmful to society. We abolish property rights like the fee tail because inalienable property rights are harmful to society.

All property rights, beyond what an individual person can defend from others by force, relies entirely on the willing cooperation of others. The only reason I don't own the Brooklyn Bridge is because I can't convince enough people that I do. But if I were more convincing (or could overcome the force that would be mustered against me if I just tried to block others' access to it), my right of ownership would be perfectly legitimate.

Copyright operates similarly; no author has a right to tell others that they can't make copies, etc. of a work, merely because the author created it. All the author can do is keep the work a secret, if he's worried about that. Or he can convince others to respect his wishes. Just as you might not like to recognize my right of ownership of the Brooklyn Bridge merely because I really, really want you to, so too are third parties unlikely to honor a claim of copyright unless it provides some benefit to them that would not be enjoyed otherwise.

And so the deal with copyright is that we're willing to recognize an author's claim of copyright for a little while, because it seems to be useful to society, but eventually we're going to stop, and instead treat the work as being in the public domain, for the same reason. Authors can't stop that from happening, and there's too little benefit for the public in a perpetual copyright to bother recognizing them. It's a one-sided deal in favor of the public, but thems the breaks.

Comment Re:Mickey Mouse copyirght extenstions... (Score 1) 183

The whole point of copyright was to encourage writers and publishers and artists to invest time in making a good product.

No, the whole point of copyright was to promote the progress of science (which is an archaic term for knowledge) and to thus serve the public interest.

Half of that involves encouraging authors to create and publish works which they would not have created and published but for copyright. But the other half is to grant the least amount of protection, for the least amount of time, that is necessary to accomplish that.

And the success of any copyright law is measured in how much of a benefit it provides for the public (in terms of the number of works created and published), less how much harm it causes the public (by restricting the free use of the works).

The idea of copyright ... was to provide payment for services rendered, which would encourage creators to make more quality products in the future.

No. First, copyright doesn't guarantee any reward for the author or publisher; that's left to the market. All copyright does is funnel some of the profits available for the work toward the copyright holder. If a work is a flop, the copyright holder doesn't make any money.

Second, copyright doesn't care about quality. A brilliant work gets as much protection as a crappy one, (and again, the market may reward crappy works over 'quality works). This is necessary because artistic value is a matter of subjective judgment that the government should not be involved in. Quantity is the only permissible metric, and since a larger number of works will tend to result in a larger number of 'quality' works (see Sturgeon's Law) it's all okay in the end.

Comment Re:Mickey Mouse copyirght extenstions... (Score 2) 183

Until relatively recently the only way to obtain a copyright was to explicitly submit the material to the Library of Congress for certification at which point you were granted a 14 year exclusive use. You could apply for an additional 14 year grant but after 28 years the material would be forced to fall into the Public Domain and permanently accessible from the Library of Congress. You had those maximum of 28 years to make as much return on your investment as possible, but you were expected to then reinvest that return into new ventures.

"Relatively recently?" What are you, a highlander?

The 14+14 term you describe lasted from 1790 to 1831. Then it became 28+14. And in 1909, it became 28+28. That's the term that changed relatively recently, in 1978, to life + 70, etc.

Still, kudos on the general thrust of your argument.

Comment Re:Mickey Mouse copyirght extenstions... (Score 3, Informative) 183

Well, it's a little more complicated than that.

The sine qua non of a trademark is that all goods with the same mark originate from the same source. If this is true, the mark can be protected. If not, the mark cannot be protected. This is why trademark holders are always concerned with infringers; if the infringer is not stopped, there will be identically marked goods originating from different sources, and the protected status of the mark is jeopardized and can be lost.

Trademarks and copyrights only sometimes overlap with regard to the subject matter that they protect (e.g. a very artistic trademark could be protected by copyright as a work of art; a mere word used as a trademark could not be copyrighted, however). However, copyright is considered the superior right; a trademark is not allowed to function as a substitute for a copyright, nor to interfere with copyright policy.

This means that if the trademark is a character from a creative work, and the work is in the public domain, copyright law allows everyone to make copies and use the work and thus the character from the work, as they see fit. Trademark rights in the character can't interfere with this, so to the extent that there is a conflict, the trademark loses.

So the MICKEY MOUSE trademark might survive with regard to products unrelated to creative works, like those ice cream bars that looked like a Mickey Mouse head. But it would not survive with regard to movies, books, comics, television shows, etc. And I wouldn't want to bet money on whether it would survive with regard to things like t-shirts or hats that might feature Mickey Mouse in an ornamental capacity, rather than as a trademark. So a lot of the merchandising gravy train would derail.

Comment Re:Slashdot crying wolf again... (Score 1) 215

By the time you finished with all the lawsuits/etc the addresses wouldn't be useful. We need to get past IPv4. Putting it off for another few months won't help that.

That said, there are a lot of things about IPv6 that are rather annoying. There aren't really a lot of good DHCP options if you want to use NAT, and if you don't want to use NAT then anytime your router prefix changes the external IPs of all the hosts on the network change. That is a fairly big change from how things work today, and I think most early adopters don't notice because they tend to have static IPs, but that is unlikely to be the case once it is mass-adopted.

Comment When to upgrade? (Score 1) 187

So, my sense is that Windows 10 is the "odd-numbered" version that I'll eventually end up upgrading to. Right now I do most of my serious stuff on linux, and maintain a decent windows 7 PC mainly for gaming purposes (since I still have many games that are not linux-compatible). I tend to view my windows PC more like a gaming console as a result.

So, when is the right time to upgrade? I suspect that it will be once DirectX 12 is available, stable, and in some kind of use. At the very least I'll want to wait until the rumor mill indicates that my graphics drivers (Radeon) are reasonably stable on Win10.

I'm also torn on whether to upgrade in place or just wipe and reinstall (especially since I'm still running my OS from the non-SSD drive in the system). Is installing Win10 from scratch supported, and free?

My guess is that it will be at least a few months before I'll be upgrading...

Comment Re:Passed data with a ton of noise? (Score 1) 391

The question is: is the signal-to-noise ratio good enough? If so a cheap cable that passes the data is every bit as good as an expensive one, so long as the packets arrive intact at the other end.

Ethernet already does a lot to counter noise. The signals are differential pairs (so instead of having ground and signal, you have signal+ and signal-). The wire pairs are twisted, which keeps them in close proximity. Interference tends to be common mode noise (so for two wires close together it will affect the signal in each wire almost the same), and differential amplifiers are designed to only amplify the difference between the two wires and will therefore reject common mode noise. Each end also has an isolating transformer, and each end has proper termination (to avoid things like reflections which can bugger up signal integrity). It takes a significantly terrible out-of-spec twisted pair cable to make ethernet stop working.

Incidentally, the signalling for 100baseTX ethernet only has a fundamental frequency of 31.25MHz (naively people would expect 1MHz per 1Mbps but this is not so). 100baseTX uses a 3 level (in other words +1, 0, -1) non return to zero signalling (in other words, a 1 will cause the signal to change level and a 0 will cause the signal to remain at the current level - or it might be the other way around, it's a long time since I did this stuff). Each 4 bits is encoded into a 5 bit symbol designed to prevent long runs of 0s (which would cause the signal level to remain constant for too long). Lots of people call an ethernet connection a "broadband" connection, but it's not, it's baseband (hence the "base" in 100baseTX).

Comment Flexibility is a feature (Score 1) 904

Electric car advocates continually make the flawed argument that because an electric car can have a daily range of 200 miles or so, it can replace the gasoline car for most users. This isn't true at all. People pay for gas cars not just to be commuter appliances, but to have transportation flexibility. Flexibility matters to a lot of people, even if they don't use it, it matters. It's nice to know that if I wanted to, I could drive my gas car the 790 miles to my in-laws house, or 200 miles to my brothers, or 500 miles to my aunts and uncles. It my cheaper for me to take a plane to go by myself, but, add a wife and a couple of kids, then my transportation cost for each trip is about $100-$150 in fuel and my time in driving.

So, with that in mind, I think the real tipping point for electric vehicles will be total operating time on a charge. That means, I want to be reasonably able to drive 10-12 hours on a long road trip with perhaps an hour time for charging. Once that happens, then electric cars will take over for everyone.

With that said, in a married family, having two vehicles, one for road trips, an SUV, and a daily commuter that is electric, makes a great deal of sense. But most families are going to have that "one" vehicle.

Comment Re:Touch it with a 12 mile pole. (Score 1) 140

Well, ultimately you can do whatever you can get away with. Build some oil platforms, and what is anybody going to do about it? Of course, others could also start building platforms as well in competition, and then the Chinese are left with the same dilemma. The only way to truly enforce exclusivity is to either go to war or start imposing economic sanctions/etc, but if the US were to start putting sanctions on China that could get messy fast with all the trade.

Nobody really wants to get into a shooting war over this stuff.

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