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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 Easy (Score 1) 531

This is my mantra:

vi /etc/apt/sources.list # switch to testing/unstable and add contrib & non-free
apt-get update
apt-get dist-upgrade
apt-get install vcsh mr vim zsh screen openssh-server # the most important bits & pieces
vcsh clone /mr.vcsh # clone the repo containing location info of my configuration repos
cd .config/mr/config.d
ln -s ../available.d/{what,i,need} . # enable whatever repos for code & config which I need on that machine
cd
mr -j 5 up # automagically clone, checkout, whatever ALL the things
reboot

Comment Preliminary injunction (Score 1) 211

I guess it would take a litigator to notice this, but it's quite unusual that a preliminary injunction denial would be getting this kind of appellate attention.

In the first place, it was unusual for an interlocutory appeal to be granted from the denial of the preliminary injunction motion. In federal court usually you can only appeal from a final judgment.

Similarly, apart from the fact that it's always rare for a certiorari petition to be granted, it's especially tough where the appeal is not from a final judgment, but just from a preliminary injunction denial which does not dispose of the whole case.

Comment That design is crap (Score 1) 172

Sorry, but it's crap:

* Uses plywood instead of wood that's naturally resistant to water and insects, line white pine (pinus strobus)
* That build wastes a huge sheet of wood instead of starting with small pieces. That's a waste
* Need for CNC
* Insanely complex build
* Angled roof, resulting in bad support for the hive
* No room to extend the hive to harvest honey
* No immediately obvious way to access the hive from below
** No way to check on bees to see if they are all right
** No way to deploy stuff that kills varroa destructor

There's a German non-profit called Bienenkiste.de (literally "bee box"). It's a simply, sturdy design that went through over a decade of improvements and incorporates feedback from professionals. Honey yield is 1/2-1/3 of that what the same hive would get with traditional hives, but they are a lot less work and the bees are in a more natural state. This means that the bees are so relaxed, I can do all my work on the hive without smoke or protective equipment.

http://www.bienenkiste.de/doku/bauanleitung/ for instructions. Translate into English, the pictures and videos should be largely self-explanatory.

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