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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 Me! (Score 2) 216

Our thermostat lives on an intranet page, and keeps a public log of everyone who's fiddled with it. The older buildings have a handful of climate zones per floor, but the newer ones have independent thermostats in every office.

Submission + - Swype Android keyboard makes almost 4000 location requests every day

postglock writes: Swype is a popular third-party keyboard for Android phones (and also available for Windows phones and other platforms). It's currently the second-most-popular paid keyboard in Google Play (behind SwiftKey), and the 17th highest of all paid apps.

Recently, users have discovered that it's been accessing location data extremely frequently, making almost 4000 requests per day, or 2.5 requests per minute. The developers claim that this is to facilitate implementation of "regional dialects", but cannot explain why such frequent polling is required, or why this still occurs if the regional function is disabled.

Some custom ROMs such as Cyanogenmod can block this tracking, but most users would be unaware that such tracking is even occurring.

Comment Firmware (Score 4, Insightful) 113

So, Linksys' OpenWRT router ships without OpenWRT firmware, apparently because there is no such firmware. You could compile such a firmware yourself, if not for Linksys withholding the wireless drivers.

I can't even begin to imagine a chain of events that resulted in shipping an OpenWRT router without any OpenWRT support.

Comment Re:BS (Score 1) 359

But if the Luddites start-off by demanding building restrictions before others can move-in

That's apparently not how it's working out, though. Those moving in have money, and it costs $500,000 to build a single 800 square foot unit. Guess who gets the unit?

Comment Correlation != Causation (Score 5, Funny) 351

Correlation is not causation. It's entirely possible that dying natives cause visiting Europeans. I'll admit I'm unsure as to the mechanism, but maybe Hernan Cortes was a misunderstood doctors-without-borders kind of guy.

It's also possible that a third confounding factor causes both dying natives and Europeans. Perhaps they both generate spontaneously from gold and oil, or perhaps from tectonic action within countries with hats.

Comment Re:US dollar (Score 1) 192

Why does the US dollar have value?

Same reason anything has value: supply and demand. The supply of dollars is essentially determined by the Fed, and demand is driven by its ability to buy things (think: why do you want money?). At the intersection of supply and demand, you have the "price" of a dollar, found just like the price of a bushel of corn or a neglected Beanie Baby.

So, how does a Bitcoin come to bear the price it does? Supply and demand again--except supply is controlled by an algorithm instead of the Fed, and demand is driven mostly by speculation and its utility in sending money without having it all stolen by PayPal. Increasingly, you can also buy things with it.

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