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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:Not denying something is different from forcing (Score 2) 406

We at Mozilla do not regard popularity as an end in itself. Instead, we regard it as an essential part of our strategy for executing on our mission. The amount of influence we have to make the Internet better is, in many spheres, proportional to Firefox market share.

As to whether we'd lose users due to Netflix, Hulu etc eventually not working in Firefox ... nobody seriously doubts this.

Brad Kuhn misquotes Mitchell. She did not say "an approach", she said "MozillaÃ(TM)s fundamental approach".

Comment Re:Explanation of Mozilla (Score 4, Insightful) 403

You're mischaracterizing Brendan's position on DRM, as I'm sure he would tell you if you just asked him personally. I strongly recommend you do so.

He doesn't like DRM, and neither does anyone else at Mozilla, but you do realize that he was CTO and then CEO while most of the negotiations with Adobe were happening, right?

Comment Re:SubjectsInCommentsAreStupid (Score 3, Informative) 361

1) A third party is writing the plugin.
2) We did wait until it was inevitable. Every single other browser is already shipping it, Netflix is using it, and other sites are starting to use it. The only alternative to shipping this was to make sure Netflix and other video sites continued to work with Flash or Silverlight _and_ that Flash and Silverlight continue to work indefinitely.

Comment Re:Why Firefox OS? (Score 1) 68

Mozilla decided to create B2G for several reasons, but one of them is because most of the world's population in the near future will be accessing the internet from a phone or _maybe_ a tablet, not a full-on laptop or desktop. And people using phones or tablets don't install non-default web browsers, statistically speaking, not least because storage is pretty limited on phones, so if Mozilla wanted to be in the market at all it needed to be shipping the default browser on a phone people would use.

There was also the reason of wanting a phone/tablet marketplace without vendor lock-in, which requires apps to be portable between phones from different vendors. That's where web apps come in. And yes, apps that you can move to your new phone even if you get it from a different manufacturer are intrinsically more valuable than apps that you lose if you move from iOS to Android or vice versa.

As for why you'd go for Firefox OS over Android, one answer is it performs better on limited hardware (think a phone with 256 megs ram, and yes, it's pretty hilarious what counts as "limited hardware" nowadays). If you say you're not likely to be buying a phone with those sorts of hardware specs, then you're not the target market. Remember what I said about "most of the worlds population" above? Well, the total population of Europe and North America is about 25% of the population of the world. The other 75% is not out to buy $600 phones. Neither are parts of Europe and North America, of course...

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