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Comment Re:Is the settlement open for all ? (Score 1) 89

No, fair use is not an infringement by law, not definition.

Um what? USC clears says "the fair use of a copyrighted work . . . is not an infringement of copyright."

but the law does not in any way say you can explicitly do X and it is not infringement, it says for certain purposes, you can do X but you need to determine several things first.

No, the statute spells out conditions to be met before a use is considered fair use; however, once it is considered fair use it is also declared as not an infringement.

The only way to determine that is for someone to assert it as a defense against infringement.

Or a lawyer reading USC 107 before filing a lawsuit against a defendant. If copyright holder needs a judge to intervene then they have to pay for a lawsuit.

but a school using the same to explain fair use would be able to.

Please explain how a school has fewer rights than an individual or news outlet when showing the same clip.

There is no defined specific use that is fair use. It is all a conglomeration of the facts that need to be asserted in defense of a claim. Stating something is fair use before a claim is made is still stating a defense against a claim- it's just attempting to head the claim off before it is made.

Really? So no one in this world has any common sense? So Lessig using a small clip of music, talking in an educational lecture about how music in different cultures is classic Fair Use. It doesn't take a super computer to figure this out.

My point again for which you didn't answer is this: The MPAA and the RIAA still have the stance that any use not authorized by them is an infringement. USC 107 clear codifies that Fair Use is authorized use (just not by the copyright holder but by law) and is not an infringement. If it takes a judge to say so for each and every case only if the MPAA and RIAA want to pursue each claim. But that does not change USC 107 or the legal interpretations of many previous cases like Lenz v Universal.

Comment Re:Did anyone read the article? (Score 5, Informative) 348

The NCPPR wasn't trying to get Tim Cook riled up....they were trying to make millions of stockholders aware that Al Gore, whom both the left and right recognize as a nutjob, is the board member driving some weird decisions at Apple, and that Tim is backing him.

That's a lot of nutjob conspiracy accusations without any evidence there. Dell has green initiatives, and I can without a doubt say Al Gore has nothing to do with them.

Al doesn't know the first thing about computers. And he's on the board of directors at Apple.

Dina Dublon knows nothing about software yet she's on the board of Microsoft. I daresay, most of IBM's board knows nothing about IT services. Having technical knowledge about a company's products isn't a requisite for most boards.

And he's working (and succeeding) at driving Apple board discussions away from how to make computing devices and into "how to fight climate change." He's shifting the company away from what they're good at into something new, and political.

Unless you are present and have firsthand knowledge of the Gore's interaction with Apple, you can't claim this.

"Hey! You guys hired Lisa, the former head of the EPA to be a decision maker at Apple. What sense does that make? What qualifications does she have to make decisions for a tech company?"

A simple Google search and Apple's announcement shows you that she's in charge of Apple's environmental programs. I would think that her job at the Environmental Protection Agency would qualify her for such a position.

Comment Re:so let me get this straight (Score 1) 348

It takes about 500 million dollar to own just 0.1% of AAPL

But that's if you buy today on the open market. As a high-level executive of Apple since 1998, Cook has had plenty of opportunity to get stock in company through compensation and purchases. In fact he was awarded 1M shares when he became CEO of Apple in 2012. I doubt the NCPPR has more shares than him.

Comment Re:shareholders voted with Cook. Law says ... (Score 4, Informative) 348

As a head of a company with possibly millions of bosses, I would think that not insulting any of them would be impossible. If you read more about the NCPPR it would appear that this boss has a specific political agenda and the truth is what they say it is. For example, what Tim Cook actually said:

"When we work on making our devices accessible by the blind, I don't consider the bloody ROI. . . If you want me to do things only for ROI reasons, you should get out of this stock."

What they claim: "Mr. Cook made it very clear to me that if I, or any other investor, was more concerned with return on investment than reducing carbon dioxide emissions, my investment is no longer welcome at Apple," said Justin Danhof, Esq.

Notice that nowhere do they publish his actual comments but their slant on it. Also if you read further:

Danhof went on to ask if Cook was willing to amend Apple's corporate documents to indicate that the company would not pursue environmental initiatives that have some sort of reasonable return on investment - similar to the concession the National Center recently received from General Electric. This question was greeted by boos and hisses from the Al gore contingency in the room.

But Business Insider reports it differently: "The second, in which the representative asked Cook to commit on the spot to only making moves that were profitable for the company, drew the most intense comeback we've heard from the executive."

So according to a reporter, the NCPPR wanted Apple, right then and there, to commit to do things that only show profit.

Of course, they are not done but insinuate hidden moves by Apple:

"Rather than opting for transparency, Apple opposed the National Center's resolution," noted Danhof.

I'm not sure what the company the NCPPR is following but a simple google search came up with Apple's very public environmental reports.

Comment Re:what happened here (Score 1) 89

He's allowed to use Casablanca as long as it falls under Fair Use provisions which has already been codified. That's like complaining it's a conspiracy theory that Lessig is baiting the RIAA when he goes around showing people the music on his iPod. The courts have already recognized format shifting as a legal fair use.

Comment Re:what happened here (Score 1) 89

I don't subscribe to any conspiracy theory that Lessig baited a copyright holder. Rather, he was doing what was well within what the law allows. A copyright holder not knowing or caring what the law is threatened to sue him. Perhaps they didn't realize who Lessig was or that he actually knew the law better than they did or they hoped they could intimidate him.

Comment Re:Is the settlement open for all ? (Score 1) 89

Precedents are about setting new standards or interpretations of existing laws. Lenz v Universal, Capitol v Foster are precedents. Lessig clearly used the music legally as set by previous precedents of Fair Use. I think that you would rather that someone should make an example of Liberation Music for which I agree.

Comment Re:It's only Apple. (Score 1) 241

Windows 8 is not fine for most consumers. It also is pain in the ass for power users as well. You like it, good for you; the vast majority do not support your opinion. Vista was not fine. It was buggy and unstable when released. Also MS released for hardware for which it was unsuited. But to your point, Windows 7 is Vista fixed but MS charged full price for it. That's the point.

Comment Re:It's only Apple. (Score 1) 241

yeah, well, Snow Leopard is the last version that runs on Core processors and the last version that supports Rosetta. So, no, later versions of OS X are not "suitable replacements" for Snow Leopard. Lots of software (e.g., Freehand) was never ported to Intel.

XP is the last the version that most systems with Core processors will run acceptably. The difference between MS and Apple is that MS always seriously lowballs the hardware requirements. Oh, Vista will "run" on Core processors but most consumers will find the performance unacceptable.

So, no, later versions of OS X are not "suitable replacements" for Snow Leopard. Lots of software (e.g., Freehand) was never ported to Intel.

And many Windows programs compatible with XP are not compatible with Vista or newer. But MS has touted backwards compatibility as one of the features of Windows when it's not exactly true.

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