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Comment: Re:Key Point Missing (Score 2) 34

by NewYorkCountryLawyer (#47234405) Attached to: Appeals Court Finds Scanning To Be Fair Use

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.

+ - Appeals Court finds scanning to be fair use in Authors Guild v Hathitrust

Submitted by NewYorkCountryLawyer
NewYorkCountryLawyer (912032) 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."

+ - Councilman/Open Source Developer submits Open Source bill->

Submitted by NewYorkCountryLawyer
NewYorkCountryLawyer (912032) 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.""
Link to Original Source

Comment: A little late, but welcome (Score 1) 136

by NewYorkCountryLawyer (#47119749) Attached to: Federal Court Pulls Plug On Porn Copyright Shakedown
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: Re:WTF?? (Score 1) 798

I've seen comments like this a couple of times now and I have an easy way to demonstrate that bullying was (and is) illegal. I believe Aus and US law are not too far apart on this - either the bully hits the bullied, or does not. If he does, he can be found guilty of battery. If not, he can be found guilty of assault, (if the bullied person feels his safety is at risk that's technically enough).

Comment: Re:IPv6 should have been entrenched before TLD pro (Score 1) 164

by DavidRawling (#46364407) Attached to: ICANN Considers Using '127.0.53.53' To Tackle DNS Namespace Collisions

Sure they do - all the major web servers and hosting platforms can use and define vhosts (it's just that the mechanism for creating them differs on each platform). IIS for example, if you create a new site, using "All IP Addresses" port 80, will require that you designate a host header so that the HTTP engine can route the request to the right Web Site (and corresponding content). All IP Addresses port 80 with an empty Host Header acts as a "catch-all" and is assigned to the Default Web Site. Which you generally disable, and create your own config for, if you know what you're doing. Apache, on the other hand, configures those vhosts in text files (nowadays under sites-enabled, as I recall). But the functionality is all there on pretty much all major platforms.

Now if you're arguing that the administrators of IIS servers are exponentially less likely to have a clue about host headers, when compared to their Apache/nginx counterparts - well then from my experience you're absolutely right (my history is MS consulting, and the number of IIS admins who want 20 IP addresses for 20 sites because they don't get how to do host headers, DNS resolution etc, cannot be counted - the reverse can be counted on both hands over 20 years of doing this stuff).

Comment: Shades of grey, not black and white (Score 1) 298

by DavidRawling (#46168399) Attached to: Is Verizon Already Slowing Netflix Down?

No, it means anecdotal evidence is to be taken as better than no evidence whatsoever. Not everything is black and white, one side of the fence or t'other.

Consider this as a scale - Peer reviewed, multiple-source reproducible trumps anecdotal evidence, but anecdotal evidence is still better than the absence of any evidence on either side.

Comment: yes & glad i resisted temptation (Score 1) 692

by NewYorkCountryLawyer (#46010041) Attached to: Blowing Up a Pointless Job Interview
I once got asked a question which I found hurtful and offensive, and felt tempted to 'blow up' the interview at that point. Fortunately, I resisted the temptation. As it turns out, the question was his way of introducing the next thing, which was telling me that he was offering me the job.

Comment: Re:They will use the data in court (Score 1) 599

Cop 1: "He looked like he was hiding something, yer onner". When we stopped him he kept looking around and acting strangely."

Cop 2: "Yeah, yeah, wot he said."

You: "I did no such thing, your honour."

Judge: Both cops say you did, 2 trusted public officials with no reason to lie against 1 obvious reprobate, probable cause, case dismissed with prejudice.

Comment: Re:If I ever own a Ford.... (Score 1) 599

Do you really think the telcos would be able to charge full monthly fees for each car despite it sending a few dozen kB a month? Most likely something like the kindle model - where I'm guessing Amazon pay the telcos 20c a month or something, because while the total data amount is huge, the amount of data per device is so small and only the aggregate so large. Same with FROD. 50M extra data streams, once a day spread country-wide? Noise to the telco's existing data streams. Frod and all the others will negotiate the rates down to SFA, they get the data, the telcos get more revenue/profit and the only loser is you, the consumer.

Comment: Re:crashed my machine (Score 1) 214

Except the fuckers crashed my machine when they pushed out the update.

Citation needed, since I recall no such major outcry. Your machine is probably one of the ones with 25 browser toolbars, or ten download accelerators, or fifty outdated browser plugins, or a couple of undetected rookits etc., which is usually the reason behind a security patch "crashing your machine".

And if Windows closed the app with unsaved work, you'd be here whinging that Microsoft destroyed your work. And if you really gave a crap, you'd go in and change the Windows Update setting from "Automatically install" to "Ask me first".

Microsoft has done some seriously stupid stuff. And some bad stuff. But if you want to abuse them, at least abuse them for the stupid stuff not the sane stuff.

Comment: Preliminary injunction (Score 1) 211

by NewYorkCountryLawyer (#45924005) Attached to: Supreme Court To Hear Aereo Case
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: Re:No viable upgrade path for Business Users. (Score 1) 829

by DavidRawling (#45764527) Attached to: Microsoft's Ticking Time Bomb Is Windows XP
So what you're saying is that it's Microsoft's fault your business held out for post-Win7, despite the knowledge that the end date was 2014 (and heck, that's been moved out by 2 years from the original date!). And it's also Microsoft's fault for not planning your app upgrades (what, you thought Win8 would be more compatible than Win7 for your XP apps)? Sounds to me like you think your lack of planning should constitute an emergency on my part. Bzzzzzt. Wrong. You made your bed, now you get to lie in it.

Weekends were made for programming. - Karl Lehenbauer

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