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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: 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.

Comment: Who would be surprised by this? (Score 0) 221

by daveschroeder (#45857111) Attached to: NSA Trying To Build Quantum Computer

One of NSA's chief missions is breaking encryption. So (for the US folks among us) it's okay when it's the German or Japanese codes in WWII, but somehow sinister when the reality is that much of the world now shares the same tools, systems, services, networks, encryption standards, etc.?

In a free society governed by the rule of law, it is not the capability, but the law, that is paramount. And for all of the carping and hand-wringing about what NSA is doing because its capabilities continue to be laid bare, where is the worry about what states like China and Russia are doing?

Comment: They're destroyed first...that's the whole idea (Score 5, Insightful) 174

by daveschroeder (#45571237) Attached to: Mediterranean Sea To Possibly Become Site of Chemical Weapons Dump

The whole idea is that the chemical weapons are destroyed FIRST...they are being destroyed AT SEA, not "destroyed" by simply dumping them into the ocean.

The fact that the other blog entries hosted at the same site as TFA include:

- Rihanna Displays Illuminati Hand Gesture at Latest Music Award Performance

- SSDI Death Index: Sandy Hook 'Shooter' Adam Lanza Died One Day Before School Massacre?

- 15 Citizens Petition to Secede from the United States

- Will U.S. Troops Fire On American Citizens?

- Illuminati Figurehead Prince William Takes the Stage with Jon Bon Jovi and Taylor Swift

- Has the Earth Shifted â" Or Is It Just Me?

- Mexican Government Releases Proof of E.T.'s and Ancient Space Travel ...should give you a hint as to the veracity of the content. (And yes, I realize it's simply a blog site with a variety of authors and content.)

As should the first comment, from "LibertyTreeBud", saying:

"Why not add it to some new vaccine? Or, perhaps add it to the drinking water and feed it to the live stock? These creatures will do anything for profits. Lowest bidder mentality rules."

What "creatures", exactly? The international organization explicitly charged with the prohibition and destruction of chemical weapons? What alternatives are people suggesting, exactly?

If you want a real article discussing this situation factually, not the tripe linked in the summary, see: http://www.bbc.co.uk/news/world-middle-east-25146980

Comment: Re:Why can't I? (Score 1) 124

by NewYorkCountryLawyer (#45427770) Attached to: Google Books Case Dismissed On Fair Use Grounds

I would like to retain your services in this matter. Please list your bank account information so that I may transfer a retainer payment to you. Thank you. Sincerely, Prince Bernard Koffi Austine Nigeria

Dear Prince Bernard, If you're talking about my bank account, you're barking up the wrong tree :)

For large values of one, one equals two, for small values of two.

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