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Comment: Re:Competition is good. (Score 2) 211

by HanzoSpam (#47796685) Attached to: Battle of the Heavy Lift Rockets

With apologies to Ernest Lawrence Thayer

The outlook wasn't brilliant for the student march that night;
The quads were filled with rent-a-cops and not a picket sign in sight;
With Cooney busted for possession, and Barrows, the riot laws;
A sickly silence fell upon the supporters of The Cause.

A straggling few got up to go, in deep despair. The rest
Clung to that hope which "springs eternal in the human breast;"
They thought, If only Gay Ol Olsoc could be rallying that mob,
We'd put up even money now, with Ol Olsoc at the quads.

But Flynn preceded Ol Olsoc, as did also Jimmy Blake,
And the former was a no-good and the latter was a fake;
Forlorn, that stricken multitude discouraged by the odds,
For there seemed but little chance of Ol Olsoc's getting to the quads.

But Flynn let fly a bottle, to the wonderment of all,
And Blake, the much despised, set a bomb off in the hall,
And when the dust had lifted and men saw what had occurred,
Jimmy beaned the Dean of Students, while the bombed out library burned.

Then from five thousand throats and more there rose a lusty yell,
It rumbled through the valley, it rattled in the dell,
A Harley roared up from the street, and was tearing up the sod,
And Ol Olsoc, Gay Ol Olsoc, was advancing through the quads.

There was ease in Ol Olsoc's manner as he wheeled into his place;
There was pride in Ol Olsoc's bearing and a smile on Ol Olsoc's face,
And when, responding to the cheers, he lightly gave a nod,
No stranger in the crowd could doubt `twas Gay Ol Olsoc at the quads.

Ten thousand eyes were on him as he gunned the throttle loud;
Five thousand tongues applauded as he signaled to the crowd.
And while the nervous officers grabbed the night sticks from their hips,
Defiance gleamed in Ol Olsoc's eye, a sneer curled Ol Olsoc's lip.

And now a can of tear gas came hurtling through the air,
And Ol Olsoc stood a-watching it in haughty grandeur there,
Close by the haughty Ol Olsoc , the can unheeded sped --
"That ain't my style," said Ol Olsoc . "Break it up!" the coppers said.

From the streets, black with people, there went up a muffled roar,
Like the beating of the storm waves on a stern and distant shore.
"Kill them; kill the pigs!" shouted someone from the mob;--
And Ol Olsoc guns his engine, and wipes-out on the lawn.

With a fist of protest shaking, Ol Olsoc's visage shone;
He jumped back on his Harley; he bade the march go on;
The Harley takes off through the quads, 'till it hits a vicious bump;
And Ol Olsoc sails through the air, landing smack upon his rump.

"Fascists!" he screeched, "Capitalist, Imperialist, Racist, Sexist pigs!"
"If I must I'll ride a tricycle, but we'll have this march - you dig?"
They saw his face grow stern and cold; they saw his muscles strain,
And they knew that Gay Ol Olsoc wouldn't lose that bike again!

The sneer is gone from Ol Olsoc's lip; his teeth are clenched in hate;
He sniffs with cruel derision as he lets go of the brake.
And now he throws it into first, the clutch he now he lets go,
And now the air is shattered as the bike takes off - alone.

Oh! somewhere there's a campus town where they drum and chant all night.
They protest for the rain forest, and demand the polar bear’s rights.
And somewhere bongs are being passed, and somewhere radicals shout;
But there is no joy at Old State U -- Gay Ol Olsoc has Wiped Out!

Comment: Re:this is a good thing (Score 0) 230

by HanzoSpam (#47442583) Attached to: Geographic Segregation By Education

So if you could remake the world you would be a serf? Because under feudalism that's your only choice, and it doesn't matter how smart you are or how hard you work, your circumstance will NEVER improve.

If I were a serf, I'd be obliged to pay the landowner 1/3 of what I produced on his land. Given that I now pay considerably greater percentage than that in various taxes, serfdom doesn't look like that bad of a deal. My circumstances then, as now, would be determined by how well I made use of the resources at my disposal.

If you're under the delusion that YOU would fare differently because you're (ahem) *special*, realize that what enables that delusion is the democracy and equality GIVEN to you by previous generations of socially conscious activists.

The only thing your democracy and equality have produced is a society where the parasites to vote themselves a living out of the pockets of the productive. Repeat after me: All men are not created equal. Never have been, never will be.

There are only so many chairs at the top, and NONE of them have your name on it peasant.

Neither mine or yours, either then or now. What of it?

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: 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: 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.

The cost of feathers has risen, even down is up!

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