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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:It has a combined address/search bar (Score 2) 688

by Mathieu Lutfy (#46871353) Attached to: Firefox 29: Redesign

You can also use custom keywords with Bookmarks:
http://kb.mozillazine.org/Usin...

I alias google to "g", so when I want to search, i just type in the location bar: "g these are my search terms".

It's also practical to do Google searches in specific languages. For example, I use "ge" for google-english, "gf" for google-french, etc.

Comment: Flying with stopped engines ? (Score 1) 382

Just a random though: has anyone checked how long, and over what distance, the plane could fly from its cruise altitude once its engines stop ? If, in such a situation, the pilots tried something similar to what has been done with flight 1549 (https://en.wikipedia.org/wiki/US_Airways_Flight_1549), it might be an interesting approach to try to approximate a circular search zone (rather than an area).

Comment: Re:NSA has the ssl keys (Score 1) 279

by Mathieu Lutfy (#46161913) Attached to: With HTTPS Everywhere, Is Firefox Now the Most Secure Mobile Browser?

nonsense.. that's a blanket statement that doesn't mean anything, implying that we should only consider absolutely secure solutions that will protect against all attacks. There is no one size fits all. Adding a layer of security that "will thwart MOST prying eyes" is well worth it, just don't expect it to be bullet proof and understand how it works, what it protects from.

If I recall correctly one of the initial aims of "https everywhere" was to protect people using public wifi. Hijacking FB accounts on public wifi became a common attack (and many others). It's a low-hanging fruit that encouraged a lot of websites to enable and fix their SSL for everyone.

Not to mention.. even if the NSA had keys from the major SSL cert vendors: you probably meant: they have the private key of Google/Facebook/etc, since the cert vendor key itself only signs the cert, it does not provide the private key that encrypts the communication.

Even then, don't use Google/FB. A lot of Snowden docs talked about tracking using the IDs from those services, although nothing has indicated that they have private keys of google/fb, it assumed that google/fb traffic was non-SSL. It's also a big leap to assume that they can generate/obtain private keys for other non-cloud services.

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.

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