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Comment Re:I have a question (Score 1) 388

Admitting you did what you're accused of is admitting "guilt". This is a factual decision, and so witnesses are able to testify on that matter. "Liability", on the other hand, is legal obligation to someone else due to your guilt. It is a legal decision, and so witnesses are (generally) not supposed to testify on that matter, especially when that legal decision is the central issue of the case. The question was improper as it apparently called for something beyond the scope of the witness' testimony. I'm not sure it actually was (the issue of "I am liability" versus "I am liable" is subtle...) but that's the idea.

Comment Re:I have a question (Score 2, Insightful) 388

(a) The whole "life sentence" concept isn't valid. By that reasoning, poor people should just commit massive financial damages against people, because they wouldn't be subject to paying those damages.
(b) He's going to just declare bankruptcy anyway, so it's rather silly as an aside.
(c) Separately, his lawyers appear to be grossly unable to handle the case; their "fair use" defense was beyond laughable, and they failed to preserve the easiest possible appeal (which would have, at least, probably allowed a retrial).

Comment Re:The simple one. (Score 4, Interesting) 678

Blaming everyone else is bad, but you're completely inanely conflating viruses, etc. and porn.

The truth is, the best situation is to educate the child enough that they can be trusted to navigate the online world without either visiting porn inappropriately (i.e. w/ anyone else around) or downloading malware. The reality is, you have to educate children while using some protections against their mistakes.

So, teach her about sex, etc. Explain the issues as best you can, and discourage her from visiting it too much (and certainly set rules). But don't pretend she'll never check it out. The truth is, there's no harm in her checking it out occasionally.

Malware, on the other hand, is actually destructive, hence the use of spam, virus, etc. filters. So, teach her about it, hope she doesn't accidentally infect your system, but use tools to support her.

The key idea is to support your child's growth, not to restrict it.

Comment Re:No, I think the converse is true (Score 4, Insightful) 693

It's sort of fascinating that you've posted the exact sort of response TFA expects. I'm tempted to think you're being ironic.

Here's the thing: a lot (i.e. the majority, actually) of these technical arguments you've referred to here are just silly. For example, you complain that the RIAA evidence links only to the computer, not the user. This is, of course, true. However, in the case of a family home that means the prosecution can narrow it down to the household members, so your argument would merely be "Well, you don't know if it was the dad or the son, so you can't sue", and that'll end up just bumping into group liability (which I won't bore everyone with here).

In the case of a shared computer, you'd have more of an argument, e.g. one a library computer or whatnot. But realistically, how many prosecutions have involved such a machine? So far, as far as I know, all the prosecutions have involved machines in private homes or apartments, so what exactly are you arguing?

Comment Re:Capitalism at it's best. (Score 2, Interesting) 333

I don't think it's revisionist at all: the reason you couldn't be aware of the law was not just your illiteracy, but the difficulty in distributing the information. Today, it's not a function of literal illiteracy (i.e. inability to read) but rather figurative illiteracy of the law (i.e. inability to digest the readily available legal materials). We can solve that need by (a) educating everyone on all law, (b) continuing to rely upon lawyers, or (c) re-writing the law to be accessible to everyone.

Everyone (especially on forums like this) likes to jump on option (c), forgetting the basic problem that a system is definitely not automatically bad just because it's complex. Far from it, when you're describing a tremendously detailed world such as our own, it is inevitable that your laws would become complicated and labyrinthine.

Comment Re:Finances & Conflict (Score 3, Interesting) 460

I don't see the conflict. In fact, I think this case is ridiculous. A game should be fair? Ok, I am all for that. But simply building a tool that allows people to play unfairly does not constitute a crime or a civil offense. It might be immoral, but then my moral may be different of yours. Perhaps if you were in a tournament and someone uses a cheat, you could sue the cheater (and not the developer of the cheat, unless he happens to be the same person) for damages. But Blizzard? What damages did they had?

Besides, I don't see how he could have infringed their copyright since he doesn't distribute the game. If people cannot meddle with their own RAM because what's in there is protected by IP laws, we live in a very fucked world already.

I don't think you read the documents involved (including the stipulated damages issues already posted here).

Basically, Blizzard isn't just selling the software to users, but also the ongoing experience of the MMO which involves not only operating the servers and updating software, but also ensuring that the use of the software by legitimate customers isn't interrupted by illegitimate users.

A tremendous number of players find themselves disrupted by these Glider bots, and that's the damage.

Censorship

Physics Journal May Reconsider Wikipedia Ban 155

I don't believe in imaginary property writes "The flagship physics journal Physical Review Letters doesn't allow authors to submit material to Wikipedia, or blogs, that is derived from their published work. Recently, the journal withdrew their acceptance of two articles by Jonathan Oppenheim and co-authors because the authors had asked for a rights agreement compatible with Wikipedia and the Quantum Wikipedia. Currently, many scientists 'routinely do things which violate the transfer of copyright agreement of the journal.' Thirty-eight physicists have written to the journal requesting changes in their copyright policies, saying 'It is unreasonable and completely at odds with the practice in the field. Scientists want as broad an audience for their papers as possible.' The protest may be having an effect. The editor-in-chief of the APS journals says the society plans to review its copyright policy at a meeting in May. 'A group of excellent scientists has asked us to consider revising our copyright, and we take them seriously,' he says."
Power

Samurai-Sword Maker May Cool Nuclear Revival 317

NobleSavage sends a story from Bloomberg about Japan Steel Works Ltd., a company that still makes Samurai swords, and how it may control the fate of the global nuclear-energy renaissance. "There stands the only plant in the world, a survivor of Allied bombing in World War II, capable of producing the central part of a nuclear reactor's containment vessel in a single piece, reducing the risk of a radiation leak. Utilities that won't need the equipment for years are making $100 million down payments now on components Japan Steel makes from 600-ton ingots. Each year the Tokyo-based company can turn out just four of the steel forgings that contain the radioactivity in a nuclear reactor. Even after it doubles capacity in the next two years, there won't be enough production to meet building plans."
PlayStation (Games)

Submission + - Surgical success linked to skill at video games

mjh writes: According to The Guardian, "A study has found a direct link between skill at video gaming and skill at keyhole, or laparoscopic, surgery. Young surgeons who spent at least three hours a week playing video games in the past made 37% fewer errors, were 27% faster, and scored 42% better overall than surgeons who had never played a video game at all." The sample size they quote seems rather small, but it suggests that Steven Johnson might be right.
Music

iTunes Uncovers Musical Hoax 311

holy_calamity writes "The reliance by iTunes on the CDDB has burst open a musical fraud in the usually staid world of classical piano. Albums by the much vaunted British pianist Joyce Hatto, who died in June 2006, are identified by the iTunes player as belonging to other performers. A more scientific analysis by an audio remastering firm has found that none of Hatto's works appear to be hers. Her husband, who produced all her albums, says he 'cannot explain' the similarities."

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