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Comment: Been there done that. . . (Score 1) 247

by MistaE (#27978367) Attached to: Lawsuit Says Google's Sale of Keywords Is Illegal
There have already been plenty of cases that addressed this very issue, with a lot of them coming out on the side of the search engine that's providing the ads.

I'm not entirely sure how you're going to prove trademark infringement. Courts have argued whether Google's use is even commercial, much less if the use has a significant likelihood of confusion (mainly because Google's act of only putting these ads in a sponsored link is usually sufficient for the ordinary user to know that the trademark owner isn't sponsoring these advertisements of competitors.

What about dilution? I see a hard time because the majority of the trademark use is behind the scenes unknown to the user. Unless by typing in one trademark and getting another via sponsored links that's considered dilution by blurring, which I suppose is a possibility.

Just some random thoughts aloud, but I don't think this suit is going pass through. If it does, we might get some interesting new direct case law on the subject though.

Comment: Ridiculous, but somewhat scary. . . (Score 5, Informative) 286

by MistaE (#27893767) Attached to: MPAA Says Teachers Should Camcord For Fair Use
I was one of the few people that had the pleasure (or the displeasure) of being at the Library of Congress DMCA hearing room when the MPAA made this ridiculous argument. Suffice to say, I was completely shocked, flabbergasted, and just plain insulted that educators would truly be expected to do something like this in their bizarro world. Nevermind the fact that you would need an HDTV, HD Camcorder, Tripod, good lighting, and tons of time on your hands to manually create compilation clips with your camcorder (as if educators had any free time as it is).

I couldn't tell if the Copyright bigwigs that heard the argument were actually taking it seriously, but I sincerely hope that any appearance of sincerity was simply there for the sake of keeping respect for the hearings.

The one thing that I learned at the hearing was that you have to be fucking crazy in order to be a lawyer on their side. Even I (a soon to be unemployed law school graduate) didn't think that I could make this argument with a straight face even for tons of money.

Comment: Re:For Apple to claim copyright... (Score 3, Insightful) 242

by MistaE (#27745679) Attached to: EFF Sues Apple Over BluWiki Legal Threats
I highly doubt Apple is making that kind of Copyright claim. Most likely, they're attempting to claim copyright in any software or hardware code that was mentioned in these discussions. Considering the whole issue is about figuring out a way to reengineer the iPod and such to work with non-iTunes programs, they've most likely been having a discussion on the signals that the iPod sends to iTunes and to figure out a method of interpreting them.

That's what they mean by a copyright claim.

Comment: Re:Read through his posts... (Score 1) 419

by MistaE (#27609797) Attached to: Lose Your Amazon Account and Your Kindle Dies
Oh please, stop the FUD already.

The only thing that was arguably be "retroactively disabled" were his subscriptions. He can still read his books that were on the Kindle, and he can still transfer new books onto his Kindle by plugging it in a computer and putting free books from third party sites on there.

As for losing access to archived books. I agree that sucks, but here's an idea: BACK IT UP on your computer. It's as easy as plugging it in and dragging and dropping them all on some folder in your HD.

I'm just more surprised that people here at Slashdot seem to condone this practice of buying big ticket items and then returning them constantly for "defects."

Comment: Re:Thumbs up to Amazon (Score 1) 232

by MistaE (#27067703) Attached to: Amazon Releases iPhone Kindle Software
You do know that Amazon has slashed the inflated prices of eBooks, right? A great deal of the new books with a $9.99 price point are being sold at a loss by Amazon. The official price of the books set by the publishers is very similar to the paperback equivalents.

It's still high, yes. But it could be a lot worse.
Hardware Hacking

DMCA Exemptions Desired To Hack iPhones, Remix DVDs 188

Posted by timothy
from the what's-on-the-shortlist dept.
An anonymous reader writes "For copyright activists, Christmas comes but once every three years: a chance to ask Santa for a new exemption to the much-hated Digital Millennium Copyright Act's prohibitions against hacking, reverse engineering and evasion of Digital Rights Management (DRM) schemes protecting all kinds of digital works and electronic items. Judging from the list of 20 exemptions requested this year [19 shown], some in the cyber-law community are thinking big. The requests include the right to legally jailbreak iPhones in order to use third party software, university professors wishing to rip clips from DVDs for classroom use, YouTube users wishing to rip DVDs to make video mashups, a request to allow users to hack DRM protecting content from stores that have gone bankrupt or shut down, and a request to allow security researchers to reverse engineer video games with security flaws that put end-users at risk." Reader MistaE provides some more specific links to PDF versions: "Among the exemption proposals is a request from the Harvard Cyberlaw Clinic to allow circumvention of DRM protection when the central authorization server goes down, a request from the EFF to allow circumvention to install third party programs on phones, as well as a request for ripping DVDs for non-commercial purposes. There were also several narrow requests from educational institutions to rip DVDs for classroom practices."
Businesses

+ - EB games exposed

Submitted by
black hole sun
black hole sun writes "Ever walk into an EB games only to get harassed by an employee? Or have you ever overheard some steaming pile like The Shield being lavishly praised, in a thoroughly dishonest manner? Well, don't blame the employees; mystery shoppers hound them constantly to ensure they're handing out the required amount of BS to customers. They cannot give their honest opinions about games or accessories; that is, if by "honest," they mean "negative." EB corporate apparently makes them perform every trick in the book to lie, cheat and steal money from your wallet. And to think that most of them get minimum wage — they have my sympathy."

Of course you can't flap your arms and fly to the moon. After a while you'd run out of air to push against.

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