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Comment Re:Paranoid about control (Score 1) 140

especially when the reasons you claim for making the changes contain logical fallacies.

Hang on a minute. I never argued for the extension of copyright. And where did I make a logical fallacy? Me pointing out what the current situation is, is not the same as me arguing for the current situation.

This was the general 'you' of people arguing for extension of copyright, and not the personal you to whom I respond. I apologize for the lack of clarity.

Still, the general argument made for copyright extension is that it encourages creativity. While making it retroactive only encourages people to live on old accomplishments, instead of making new creations. Indeed, the current copyright terms are so generous that prolonging them even longer will under no circumstances benefit the creator. Thus, any argument for a copyright extension made on the basis of encouraging creativity contains a logical fallacy.

Retroactively prolonging ownership is even worse. Think for a minute about artists who sold the copyright of their works when the copyright period was shorter. What they sold was a lease on their works for a limited time, knowing that their works would enter the Public Domain afterwards - and that they and their descendants would have free access to their works from then on. When government retroactively changes the terms of copyright, they also change the basis for all these agreements - without further compensation to the original artists. That's when a discussion of ethics become interesting.

Comment Re:Paranoid about control (Score 1) 140

Wouldn't stifling reuse actually stimulate creativity? After all, it means people have to actually come up with new ideas, rather than simply recycling the old.

You haven't by any chance created any art yourself, have you? And if you have, was it really ex nihilio - or were you by any chance inspired by anyone else? It is with art as it is with science, you build upon that which has come before you. Sometimes you are inspired, and borrow (such as both Beatles and Disney did a lot of), and sometimes you react. But indifference is never the source of great art.

From that point of view, both Disney movies and early Beatles songs should be in the public domain by now.

Right. So this is just your opinion, with nothing based on the actual laws.

You know that I'm not the person you originally responded to, right?

Anyway, SydShamino used the word 'should' which say nothing about law, but does say something about what feels right. It is thus a question of ethics. And from an ethical standpoint, it is questionable to use the law to make retroactive changes to ownership - especially when the reasons you claim for making the changes contain logical fallacies. The fact that the laws in question are the result of heavy lobbying from an industry which does not represent the original creators does add insult to injury.

Comment Re:Paranoid about control (Score 1) 140

Well, what did the law state when the early works of Beatles were created?

The (theoretical) idea of a long copyright period is to encourage creativity. But what's the point of extending the copyright of that which has already been created? Extending periods retroactively will only stifle creativity, since creative reuse is hindered - while what has already been created is already there. From that point of view, both Disney movies and early Beatles songs should be in the public domain by now.

Comment Re:US rules do not apply (Score 2, Informative) 415

There have been answers to those questions from much more prominent Swedish legal experts, so I'm not going to bother my cousin. The answers in the media have been:

1) The chairman of the Swedish organization of judges was very surprised that the judge in the TPB trial did not mention the memberships in question. (It is the judge's duty, in Sweden, to mention everything that might bias him/her.)
2) Google is general purpose, TPB is not - at least that is the motivation in the conviction documents.
3) This is the question where everybody has their own answer. The view of a 34 year old judge in the lowest circle of courts doesn't carry any special weight. We do generally have much lower compensations in Sweden, than in the US. You can only sue for actual losses.

Oh, and he is a she.

Comment US rules do not apply (Score 5, Informative) 415

But since Sweden is not a part of the same judicial tradition as the US, this has no bearing on the TPB trial. In Sweden, you are pretty much guaranteed a second trial at a higher level, unless it is a question of a small-time crime (or the case is very simple). This being a high profile trial, making an appeal to the second level was a given, even before the trial started.

If the second level court decides the judge was biased, they will order a re-trial at the first level - which will then be followed be an appeals process. The reason the lawyers may not go through with a re-trial, is that it will only mean another trial that won't add anything of interest. Since this is a very special trial, the Supreme Court may take the case too - or order a re-trial at the second level. So a re-trial at the first level may not be worth it, we were probably looking at 3 or 4 trials anyway.

IANAL, but my cousin is a judge here in Sweden.

Comment Re:Are there any pirate party members in office? (Score 2, Interesting) 410

There is an election to the European parliament this year too. There are not so many representatives to elect, but there is usually a much smaller participation. So, if you want to cause a stir, the EP election is a better bet.

And then there's always the church election come fall... ;)

Comment Re:I never thought I'd see the day. (Score 1) 262

Probably from the fact that the TCP/IP driver used to say it did. It was under BSD license with the advertizing clause.

I'm not sure exactly when they wrote their own, but I think it was after Win2k. So, I would think Vista or Server 2k3 might be it. (Gut feeling says Vista - but I haven't used Windows after 2k, so I haven't checked.)

Windows

Windows 7 Beta Released To Public After Delay 848

Z80xxc! writes "The Windows 7 Beta release is now available for download by the general public, in 32-bit and 64-bit flavors. Microsoft had previously announced availability around 3 PM PST on Friday, but after unexpected numbers of people proved to be interested in the download, had to postpone it to add more servers."
Windows

Ballmer Sets Loose Windows 7 Public Beta At CES 672

CWmike writes "The rumors turned out to be true. Microsoft will release a public beta this week of its next desktop operating system, Windows 7, hoping it will address the problems that have made Windows Vista perhaps the least popular OS in its history. Microsoft CEO Steve Ballmer will launch the beta during his speech at the start of the Consumer Electronics Show in Las Vegas on Wednesday. Preston Gralla reviewed Windows 7 beta 1, noting 'Fast and stable, Beta 1 of Windows 7 unveils some intriguing user-interface improvements, including the much-anticipated new task bar.' MSDN and Technet subscribers should be able to get the public data tonight. The general public will have to wait until Friday."
GNU is Not Unix

Linux In 2009 — Recession vs. GNU 355

RealityThreek sends this excerpt from an article at IT Management:"Pundits and business executives alike are predicting gloomy economic times for 2009. But when the talk turns to free and open source software (FOSS), suddenly the mood brightens. Whether their concern is the business opportunities in open source or the promotion of free software idealism, experts see FOSS as starting from a strong base and actually benefiting from the hard times expected next year. ... [Jim Zemlin, executive director of the Linux Foundation] sees Linux and the FOSS ecosystem surrounding it as having insurmountable advantages in any market over its main competitor Windows — advantages that an economic downturn only intensifies. At a time when a search for the lowest possible price point is happening in such areas as notebooks, FOSS is available at no cost. It is easy to rebrand and customize in a way that Windows Isn't, and is also technically more efficient."

Comment Re:They're catching up. (Score 1) 252

Mightily cold? Like in "we sometimes have snow for a week or two in the winter"? I think you are mixing up Sweden and Switzerland again...

(Ok, bonus points for writing this the week we actually have snow. It'll be gone coming weekend - and next time we'll see any snow is probaly february. Yes, I am bitter, I like skiing.)

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