Slashdot is powered by your submissions, so send in your scoop

 



Forgot your password?
typodupeerror
×

Comment Re:Good? (Score 4, Interesting) 273

The next one will be automated "city cars" built by Google, that will pickup and drop off people at work and take them shopping and whatnot.

Let's not get ahead of ourselves, such a car has yet to be demonstrated. Google's demo vehicles are incapable of taking riders anywhere apart from a set track of stops, like a Disneyworld people-mover ride.

There's still probably a need in some cities for street-hail livery, which is what classic yellow cabs are -- in NY you can wait 5-10 minutes for the Uber or hail a cab in 30 seconds, and frankly the cabbie will be less of a pain -- my experience with Uber drivers in Manhattan has been a pretty mixed bag. As long as humans are doing the driving it might still be advisable for the drivers to get background checks and have commercial licensing and insurance, such things are prudent and won't kill the magic free market pixies that flutter about e-hailed car services.

As I understand it, city governments have a few simple problems with Uber-

1) Ubers can avoid poor neighborhoods at will, and there's really nothing the city can do about it. I live in LA, and if you live in, say, Watts, you must call a cab if you want a car, no Uber will find you there, because it's "the ghetto" and there's never an Uber within 20 minutes. Taxis can be and are required to pick up from all parts of the city, and their statistics are closely monitored by regulators to make sure they do.

2) Uber's trip pricing structure is very free-markety but it conflicts with most city's basic taxi regs, wherein a trip's price is a fixed formula of distance and time, no special charge for time of day or pickup/destination location. Uber can't provide this, because they use rate premiums to recruit drivers. Again the system is completely open to various kinds of discrimination, and the pricing process is completely private and not open to any sort of public accountability or scrutiny -- even they drivers, who are nominally the service providers ("Uber is not a transportation company"), can't control it.

3) These of course lead to the more philosophical dispute, namely, Uber handles the hailing, transaction processing, driver and rider ratings, and branding of the interaction, but whenever there's any sort of trouble, Uber can vehemently claim they have nothing to do with the driver or the ride, that it's none of their business, and governments and harmed parties must direct all their laws and lawsuits at little sole proprietors. This is a little too clever by half for some people and while following the letter of the law tends to skirt the equities a little too close.

All of this is totally fine as long as e-hail livery is a "premium" service, but some cities rely on taxis as a critical part of the transport infrastructure, and that's when price disparities and availability blackouts start to be problematic, politically.

Comment Re:ithkuil (Score 1) 176

We used to think something like a simple text web search was "too impercise" and you needed a hierarchical organization or semantic web to organize information on the Internet...

When the domain is restricted natural language can be quite sufficient- SHRDLU had a workable natural language system in the 1960s, and the relevant Siri/Android solutions today are quite up to the task of creating and copying logical objects, selection by attribute, transformation...

Comment Re:The key distinction in the ruling (Score 1) 484

So basically, if they just shift from LIVE to a TIME DELAYED model, they could go right on transmitting and not be considered "performing" under the current act.

As J. Scalia points out, the 'standard' the Court has chosen is unclear. Maybe that would be legal, maybe it wouldn't be. We'll never know until either 1) Congress amends the law to be clear about that; 2) Someone tries it and the Court reverses this opinion in a useful way; or 3) Someone tries it and the Court rules squarely on that in light of this opinion.

One thing is for sure: Only someone with lots of resources and a lot of daring will even attempt to find out by actually trying it.

Comment The key distinction in the ruling (Score 5, Informative) 484

This case boiled down to one major issue: Whether the allegedly infringing conduct in this case was engaged in by either Aereo, or by its users. Don't get hung up on the public performance v. private performance issue; it was really certain that if Aereo was liable, that the performance was public; if it were the users, it would be private.

J. Scalia's dissent does a good job of explaining the issue:

There are two types of liability for copyright infringement: direct and secondary. As its name suggests, the former applies when an actor personally engages in infringing conduct. Secondary liability, by contrast, is a means of holding defendants responsible for infringement by third parties, even when the defendants âoehave not themselves engaged in the infringing activity.â It applies when a defendant âoeintentionally induc[es] or encourag[es]â infringing acts by others or profits from such acts âoewhile declining to exer- cise a right to stop or limit [them].â

Most suits against equipment manufacturers and service providers involve secondary-liability claims. For example, when movie studios sued to block the sale of Sonyâ(TM)s Betamax videocassette recorder (VCR), they argued that Sony was liable because its customers were making unauthorized copies. Record labels and movie studios relied on a similar theory when they sued Grokster and StreamCast, two providers of peer-to-peer file-sharing software.

This suit, or rather the portion of it before us here, is fundamentally different. The Networks claim that Aereo directly infringes their public-performance right. Accordingly, the Networks must prove that Aereo âoeperform[s]â copyrighted works, Â106(4), when its subscribers log in, select a channel, and push the âoewatchâ button. That process undoubtedly results in a performance; the question is who does the performing. If Aereoâ(TM)s subscribers perform but Aereo does not, the claim necessarily fails.
The Networksâ(TM) claim is governed by a simple but profoundly important rule: A defendant may be held directly liable only if it has engaged in volitional conduct that violates the Act. ...

A comparison between copy shops and video-on-demand services illustrates the point. A copy shop rents out photocopiers on a per-use basis. One customer might copy his 10-year-oldâ(TM)s drawingsâ"a perfectly lawful thing to doâ" while another might duplicate a famous artistâ(TM)s copyrighted photographsâ"a use clearly prohibited by Â106(1). Either way, the customer chooses the content and activates the copying function; the photocopier does nothing except in response to the customerâ(TM)s commands. Because the shop plays no role in selecting the content, it cannot be held directly liable when a customer makes an infringing copy.

Video-on-demand services, like photocopiers, respond automatically to user input, but they differ in one crucial respect: They choose the content. When a user signs in to Netflix, for example, âoethousands of . . . movies [and] TV episodesâ carefully curated by Netflix are âoeavailable to watch instantly.â That selection and arrangement by the service provider constitutes a volitional act directed to specific copyrighted works and thus serves as a basis for direct liability.

The distinction between direct and secondary liability would collapse if there were not a clear rule for determining whether the defendant committed the infringing act. The volitional-conduct requirement supplies that rule; its purpose is not to excuse defendants from accountability, but to channel the claims against them into the correct analytical track. Thus, in the example given above, the fact that the copy shop does not choose the content simply means that its culpability will be assessed using secondary-liability rules rather than direct-liability rules.

So which is Aereo: the copy shop or the video-on-demand service? In truth, it is neither. Rather, it is akin to a copy shop that provides its patrons with a library card. Aereo offers access to an automated system consisting of routers, servers, transcoders, and dime-sized antennae. Like a photocopier or VCR, that system lies dormant until a subscriber activates it. When a subscriber selects a pro- gram, Aereoâ(TM)s system picks up the relevant broadcast signal, translates its audio and video components into digital data, stores the data in a user-specific file, and transmits that fileâ(TM)s contents to the subscriber via the Internetâ"at which point the subscriberâ(TM)s laptop, tablet, or other device displays the broadcast just as an ordinary television would. ...

The only question is whether those performances are the product of Aereoâ(TM)s volitional conduct.

They are not. Unlike video-on-demand services, Aereo does not provide a prearranged assortment of movies and television shows. Rather, it assigns each subscriber an antenna thatâ"like a library cardâ"can be used to obtain whatever broadcasts are freely available. Some of those broadcasts are copyrighted; others are in the public do- main. The key point is that subscribers call all the shots: Aereoâ(TM)s automated system does not relay any program, copyrighted or not, until a subscriber selects the program and tells Aereo to relay it. Aereoâ(TM)s operation of that system is a volitional act and a but-for cause of the resulting performances, but, as in the case of the copy shop, that degree of involvement is not enough for direct liability.

In sum, Aereo does not âoeperformâ for the sole and simple reason that it does not make the choice of content. And because Aereo does not perform, it cannot be held directly liable for infringing the Networksâ(TM) public-performance right.

However, that's not the decision that the Court reached. Instead, J. Scalia describes the Court's opinion as:

The Courtâ(TM)s conclusion that Aereo performs boils down to the following syllogism: (1) Congress amended the Act to overrule our decisions holding that cable systems do not perform when they retransmit over-the-air broadcasts;4 (2) Aereo looks a lot like a cable system; therefore (3) Aereo performs. ...

Making matters worse, the Court provides no criteria for determining when its cable-TV-lookalike rule applies. Must a defendant offer access to live television to qualify? If similarity to cable-television service is the measure, then the answer must be yes. But consider the implications of that answer: Aereo would be free to do exactly what it is doing right now so long as it built mandatory time shifting into its âoewatchâ function. Aereo would not be providing live television if it made subscribers wait to tune in until after a showâ(TM)s live broadcast ended. A subscriber could watch the 7 p.m. airing of a 1-hour program any time after 8 p.m. Assuming the Court does not intend to adopt such a do-nothing rule (though it very well may), there must be some other means of identifying who is and is not subject to its guilt-by-resemblance regime.

Two other criteria come to mind. One would cover any automated service that captures and stores live television broadcasts at a userâ(TM)s direction. That canâ(TM)t be right, since it is exactly what remote storage digital video recorders (RSâ"DVRs) do, and the Court insists that its âoelimited holdingâ does not decide the fate of those devices. The other potential benchmark is the one offered by the Gov- ernment: The cable-TV-lookalike rule embraces any entity that âoeoperates an integrated system, substantially dependent on physical equipment that is used in common by [its] subscribers.â The Court sensibly avoids that approach because it would sweep in Internet service providers and a host of other entities that quite obviously do not perform.
That leaves as the criterion of cable-TV-resemblance nothing but thâ(TM)olâ(TM) totality-of-the-circumstances test (which is not a test at all but merely assertion of an intent to perform test-free, ad hoc, case-by-case evaluation). It will take years, perhaps decades, to determine which automated systems now in existence are governed by the traditional volitional-conduct test and which get the Aereo treatment. (And automated systems now in contemplation will have to take their chances.)

The Court's opinion states that it doesn't have an effect beyond Aereo and Aereo-like services:

Aereo and many of its supporting amici argue that to apply the Transmit Clause to Aereoâ(TM)s conduct will impose copyright liability on other technologies, including new technologies, that Congress could not possibly have wanted to reach. We agree that Congress, while intending the Transmit Clause to apply broadly to cable companies and their equivalents, did not intend to discourage or to control the emergence or use of different kinds of technologies. But we do not believe that our limited holding today will have that effect.

For one thing, the history of cable broadcast transmis- sions that led to the enactment of the Transmit Clause informs our conclusion that Aereo âoeperform[s],â but it does not determine whether different kinds of providers in different contexts also âoeperform.â For another, an entity only transmits a performance when it communicates contemporaneously perceptible images and sounds of a work. ...

And we have not considered whether the public performance right is infringed when the user of a service pays primarily for something other than the transmission of copyrighted works, such as the remote storage of content.

But, as J. Scalia points out:

The Court vows that its ruling will not affect cloud-storage providers and cable- television systems, but it cannot deliver on that promise given the imprecision of its result-driven rule.

Comment Re:Hmmm .... (Score 5, Insightful) 73

And, this will do nothing at all to fight addiction.

Nope, but it will save lives from overdoses.

There's a line of reasoning that's somewhat common, it goes: "We should never do anything altruistic ever, because it will create a moral hazard, and the mere potential of moral hazard is always worse than concrete good." Similar arguments are used against drugs that treat opiate overdoses, and relatedly, drugs used to fight alcoholism. Some of this is bound up in the idea that addiction is a moral or character failing, or strictly a psychological disorder that can only be treated with therapy and "getting to the real problem," and anything else we do is simply palliative and forestalls treating the "real" problem.

To your point, what needs to be done is a real epidemiological study, to see if people really end up taking more drugs, or if the trauma of OD'ing, being revived by the paramedics and spending a week in the ER with heroic interventions isn't sufficient to make some people hit bottom and scare them straight.

Comment Re:Bitcoin mining? (Score 1) 89

the results one would expect given the resources dumped into this one just are not there.

I don't know, what kind of results do you expect? HIV is a really tough bug to fight - it's almost the opposite of smallpox where a universal and exceptionally effective vaccine was found early on. Tricking the immune system into killing a virus that is evolved to prey on the immune cells was never going to be easy. But the leading antiviral therapies allow most infected patients to live almost indefinitely while maintaining relatively high quality-of-life, whereas 30 years ago they would nearly all have been doomed (and some of the earlier therapies were debilitating). I consider that a pretty impressive achievement of medical technology.

Now, the fact that millions of Africans (and others) still have AIDS is less impressive, but the reasons for that are entirely social and political, not technological.

Comment Re:Bitcoin mining? (Score 1) 89

It's because the Republicans won't let them work on that research.

The National Institutes of Health - the single largest government sponsor of biomedical research in the world - spends
approximately $3 billion per year on AIDS research. That's about 10% of their entire budget. In comparison, they currently spend about $5.5 billion per year on cancer, which affects vastly more Americans than AIDS, and also kills more in wealthy countries (because AIDS patients - or their insurers - can afford the treatments that enable long-term survival with low viral load). Due to federal budget issues, both funding pools have declined since 2010, but AIDS research only slightly - cancer funding is significantly lower.

As for treating the cure versus the symptoms, it is extraordinarily difficult to "cure" viral infections with drugs, and HIV has proven to be incredibly difficult to vaccinate against.

Comment Re:Bitcoin mining? (Score 1) 89

There is more money in treating a medical condition than in curing it.

Not for the insurance companies or government, there isn't. And given the immense cost of long-term treatment for many conditions, pharma companies would be able to charge much more for a drug that completely stopped a disease.* In reality, the reason most medications merely treat rather than cure diseases is that actually eliminating the root cause of a disease without debilitating side effects, for instance death of the patient, is usually really fucking hard.

(* For instance, the common cold is estimated to be a $40 billion per year drain on the US economy. This suggests that if a drug company could come up with a cure, they would be fabulously rich. Every time I get a cold, my employer loses hundreds of dollars in lost productivity; a $100 pill that returned me to work after a day would be a huge savings, far more effective than $10 of Nyquil.)

Comment Re:Bitcoin mining? (Score 1) 89

Year in, year out, 75-80% of new drugs are invented privately in biotechs/pharma. The remainder are invented by academia.

Correct; what government grants pay for is the majority of the basic research that informs efforts to find a cure. Naturally, private companies are (mostly) free to use this information when searching for new drugs - this is part of the point of federal funding for basic research. The vast majority of that research won't directly lead to a cure, of course, but it does contribute to our overall knowledge of biomedicine. In contrast, I've heard the drug development process at some companies compared to "piling up stacks of money and setting it on fire", which is why I'm really, really glad the universities and governments don't try to get deeply into the drug development business.

Slashdot Top Deals

Anyone can make an omelet with eggs. The trick is to make one with none.

Working...