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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:US Education Defective by Design (Score 1) 335

by NiteMair (#46996335) Attached to: Zuckerberg's $100 Million Education Gift Solved Little

And it's interesting to note that Democrats love to raise taxes and give money to the people who cannot support themselves.

It would seem that a party that panders to poor, uneducated, jobless people would get the most support from those very same people... so build an education system that spits out people who support your agenda, and what do you get?

Comment: However.... (Score 2) 235

by NiteMair (#46787981) Attached to: Bug Bounties Don't Help If Bugs Never Run Out

Paying people to find bugs and report them responsibly does give those people an incentive to not do something worse with them.

In a way, this economy takes possible would-be black hats and turns them into white hats. I suspect there are far fewer people capable of finding every last exploit than there are exploits, so if we keep those people busy and paid doing what they do best, at least they won't be doing something more nefarious.

Comment: Re:Holy shit (Score 1) 467

by NiteMair (#46774719) Attached to: Survey: 56 Percent of US Developers Expect To Become Millionaires

No, but you can start by eliminating that $100/mo TV subscription, and then find some other ways to save money too

I'm constantly amazed at what people spend per month on things they think are "necessary".

I've come to realize that many people will spend every dime they make rather than save it - and then complain about it later when they have nothing saved and are still living paycheck to paycheck. I've witnessed several times people spend their "raise" after they get it, buying a new car, etc. It's pitiful.

Comment: Re:Whatever you may think ... (Score 1) 447

by NiteMair (#46721733) Attached to: Heartbleed Coder: Bug In OpenSSL Was an Honest Mistake

A more fitting analogy would be that you gave your car away for free and sent in the release of liability form so that if the person who ends up with your vehicle decides to use it for a hit-and-run without registering it in their name, at least there's a record showing that you have released liability to the DMV (aka, you sold the car, and you're no longer responsible for whatever happens with it)

Comment: Re:Mountain out of a molehill (Score 5, Insightful) 239

by NiteMair (#46710149) Attached to: Heartbleed OpenSSL Vulnerability: A Technical Remediation

Except now pretty much every affected machine needs to have its SSL certificates and private keys revoked and trashed, and new keys/certificates issued.

In the meantime, thousands (if not millions) of sites leaked sensitive data to anyone who wanted to snoop on it.

Yeah, no big deal, none at repercussions will come of this.

Comment: Re:Flu Shots are Ruining Vaccinations (Score 1) 482

by NiteMair (#46402065) Attached to: Pro-Vaccination Efforts May Be Scaring Wary Parents From Shots

I'm pretty certain all of the responses to my comment have proven the story in this article.

After reading all these righteous people claiming I'm the ignorant asshole causing the world to die, I'm pretty much dead-set against ever getting a flu shot at this point.

Maybe I'll die, maybe you'll die, but you can all go fuck yourselves for telling me what I must stick in my body.

"Confound these ancestors.... They've stolen our best ideas!" - Ben Jonson