All I want for Christmas

Earlier this morning, Nintendo made several major announcements in a press conference in Japan. Ranging from a new Nintendo DS to a Wii storage solution. Nintendo's first announcement was a brand-new handheld in the Nintendo DS line of consoles. This revision of the DS brand will be a significant break from the previous DS Lite console. It will be named "Nintendo DSi". (Nintendo DS-Eye, get it?) Nintendo also announced a solution to the Wii storage problem. Unfortunately, it sounds like players will be able to download to their SD Card, but not actually play games directly from the card.

Firehose Link: http://slashdot.org/firehose.pl?op=view&id=1225579

(Still trying to figure out if the firehose does anything.)

J.K. Rowling didn't make enough money on Harry Potter, so she had to make sure that the 'Harry Potter Lexicon' was shut down. After a trial in Manhattan in Warner Bros. v. RDR Books, she won, getting the judge to agree with her (and her friends at Warner Bros. Entertainment) that the 'Lexicon' did not qualify for fair use protection. In a 68-page decision (PDF) the judge concluded that the Lexicon did a little too much 'verbatim copying', competed with Ms. Rowling's planned encyclopedia, and might compete with her exploitation of songs and poems from the Harry Potter books, although she never made any such claim in presenting her evidence. The judge awarded her $6750, and granted her an injunction that would prevent the 'Lexicon' from seeing the light of day.

An anonymous University of Michigan student targeted by the RIAA as a 'John Doe', is asking for the RIAA's investigator, Safenet (formerly MediaSentry), to be prosecuted criminally for a pattern of felonies in Michigan. Known to Michigan's Department of Labor and Economic Growth -- the agency regulating private investigators in that state -- only as 'Case Number 162983070', the student has pointed out that the law has been clear in Michigan for years that computer forensics activities of the type practiced by Safenet require an investigator's license. This follows the submissions by other 'John Does' establishing that Safenet's changing and inconsistent excuses fail to justify its conduct, and that Michigan's legislature and governor have backed the agency's position that an investigator's license was required.

Well, I was afforded the opportunity to write for a slightly different audience -- the judges who belong to the Judicial Division of the American Bar Association. I was invited by the The Judges' Journal, their quarterly publication, to do a piece on the RIAA litigations for the ABA's Summer, 2008, 'Equal Access to Justice' issue. What I came up with was 'Large Recording Companies vs. The Defenseless : Some Common Sense Solutions to the Challenges of the RIAA Litigations', in which I describe the unfairness of these cases and make 15 suggestions as to how the courts could make it a more level playing field. I'm hoping the judges mod my article '+5 Insightful', but I'd settle for '+3 Informative'. For the actual article go here (PDF). (If anyone out there can send me a decent HTML version of it, I'll run that one up the flagpole as well.)

Tiffany's has lost its bid to hold eBay liable for trademark infringement of Tiffany's brands taking place on eBay. After a lengthy bench trial (i.e. a trial where the judge, rather than the jury, decides the factual questions), Judge Richard J. Sullivan has issued a 66-page decision (PDF) carefully analyzing the facts and legal principles, ultimately concluding that 'it is the trademark owner's burden to police its mark, and companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring on their websites'.

Best knock knock joke ever:
KNOCK KNOCK
    Who's there?
9/11
    9/11 who?
YOU SAID YOU'D NEVER FORGET!!

The primary function of society is the sharing or mediation of risk and reward. Thoughts?

Warning! Do not eat these. They are not candy. Although I suppose if you've been hankering for some gummi fish that taste like actual fish you may be in for a treat. My boss gave me some just now. "Want some gummi fish?" he asked, and me being a sucker for sweet-sour gummi things in general, I popped one in my mouth as he continued, "They're full of vitamins and Omega-3..." Right. Fish oil. These things taste like sugar and citrus coated rancid fish. Just nasty. I'm still trying to get the flavor out of my mouth.

Consider the simplified case of three property owners, A, B, and C. Here's what their property looks like:
AAA
ABC
CCC
Now, A and C make an agreement not to buy any of Bs goods or sell anything to B. B doesn't own enough land to support him and all his family living there. He doesn't have enough land for an airport, or a helicopter. A and C won't let him on their property, and they won't let anyone else deliver anything to him over their property either. B and his family starve to death, then A and C split his land between themselves.

Please, explain how this scenario or more complex variants of it would not be commonplace in a true libertarian system. "Force" is more complex than libertarian philosophy likes to admit.

From this post, just wanted to save it because I think it distills much of the objection I have towards libertarianism into a succinct argument, and if anyone can refute the premise, it would go a long way towards convincing me that libertarianism isn't morally bankrupt.

Also this, from the same thread:

The real ideological difference lies in what qualifies as "hitting first," and also what qualifies as "freedom." For instance, should people be free to own more real estate than they themselves can work, and charge rent for said real estate? If people have that freedom, is it "hitting first" for them to withhold food from workers who have no other means of support than working for them at whatever wage they offer?

In a system with total individual freedom and strong property rights, what is to keep the most ruthless from leveraging the power that accumulated wealth has to influence markets, and using that power to keep other people dependent on them? Is economic coercion "hitting first?"

If people do have the right to own more land than they themselves can work, then isn't it also a freedom for a group of people to, say, call themselves "The United States of America" and make up some rules regarding what others can do with "The United States of America's" land? After all, isn't that really nothing more than land owned by a group of individuals?

There is a lot of difference in ideology even amongst people who subscribe to the ideals of freedom and not hitting first. So much so that different camps within that group all seriously question the other sides' commitment to those ideals. You know, the whole rift between individualist anarchism and social anarchism.

Oh, and happy Troll Tuesday everybody!

Roses are red, too.
Two times six is twelve.
There are twelve inches in a ruler.
Queen Mary was a ruler.
Queen Mary was a ship.
Ships sail in the sea.
Fish swim in the sea.
Fish have fins.
The Finns fought the Russians.
Russians are Reds.
Fire engines are always rushin'

therefore, fire engines are red.

I suppose it's time. I seem to get them once a year. But I got ten this time, is that new?

I just got back from the Novell Brainshare conference in Salt Lake City. It was a fun week. I attended lots of sessions on Linux and other open source tools. There was free (well, someone payed for me to be there...) food, free massages, free lattes, & lots of swag. Novell had a tech lab giving lots of interesting demos, and there were several dozen vendors and ISVs present. On Wednesday, Frank Caliendo opened for Collective soul at a free concert put on by Novell and open to the general public.

Perhaps the most interesting was a tutorial on using AppArmor. It's a great system for protecting applications. Novell bought the company that produced it several years ago and open sourced it. Basically, you point AppArmor at an application and put it in learning mode. You put the app through its intended uses, and then answer a series of questions regarding what AppArmor saw it doing. For instance, the app accessed a file. You can allow, deny, or 'glob.' Meaning, put in an asterisk. So it could access any file in a particular directory. There are also a series of pre-built templates you can add which allow certain sets of operations. Then you put AppArmor in enforce mode, and it keeps the app from doing things it shouldn't. Even if its running as root.

I'm impressed with Novell's commitment to open source. They are moving everything to Linux. Netware is no more, Netware services live on in Open Enterprise Server built on Suse Linux. Novell gave a great presentation on using the GNU autotools for their partners who want to move their products to Linux. Who knew using autconf, automake, libtool, and the rest could be so easy? Not me.

I've been working on setting up a log server, analysis, reporting, and notification system recently. I'm using Linux HA to fail-over an IP address and restart syslog. The logs are stored on an OCFS2 filesystem shared by the two nodes in the cluster. I use octopussy to analyze, report, and notify, and monit as a client side add in for logging additional information.

According to commentator Therese Polletti at Dow Jones MarketWatch, "the RIAA's tactics are nearly as bad as the actions of mobsters, real or fictional. The analogy comes up easily and frequently in any discussion of the RIAA's maneuvers." Among other things she cites the extortionate nature of their 'settlement negotiations' pointed out by Prof. Bob Talbot of the University of San Francisco School of Law IP Law Clinic, whose student attorneys are helping private practitioners fight the RIAA, the illegality of the RIAA's use of unlicensed investigators, the flawed evidence it uses, and the fact that the RIAA thinks nothing of jeopardizing a student's college education in order to make their point, as support for the MAFIAA/Mafia analogy.

Recommended reading for all interested in the RIAA's litigation war against p2p file sharing is the amended class action complaint just filed in Oregon in Andersen v. Atlantic. This landmark 109-page document (pdf) tells both the general story of the RIAA's campaign against ordinary folks, and the specific story of its harassment of Tanya Andersen, and even of her young daughter. The complaint includes federal and state RICO claims, as well as other legal theories, and alleges that "The world's four major recording studios had devised an illegal enterprise intent on maintaining their virtually complete monopoly over the distribution of recorded music." The point has been made by one commentator that the RIAA won't be able to weasel its out of this one by simply withdrawing it; this one, they will have to answer for. If the relief requested in the complaint is granted, the RIAA's entire campaign will be shut down for good.