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Comment: Where makes a difference (Score 1) 348

A firewall between you and the outside world, yes, absolutely. If you have to open ports to your network, that is expected, and you should make every effort to minimize those ports and encrypt when possible. If you can establish a DMZ even better.

Internally you should be maintaining a secure environment anyhow, so there is no need. Between users and vulnerabilities, I can understand why people would want to turn on internal server firewalls, but generally no I don't see that happen. And that's from small to very large corporate entities. Mostly what I see is people who don't know how to manage their networks, or don't understand security, saying 'well I'm going to turn on the firewalls and now everything is Secure'. Most applications on internal networks expect wide ranges of ports to be open, and yes that is normal. If you have the time to manage every server at the port level, go ahead and enable them, but most administrators do not have enough time to handle normal day to day activities, let alone micromanaging networks like that.

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."

Comment: I have both (Score 2) 364

by Thyamine (#47195319) Attached to: Netflix Trash-Talks Verizon's Network; Verizon Threatens To Sue
I have both Verizon FIOS and Netflix. Here is what I, as a user/subscriber, expect. I pay Netflix to stream movies. I pay Verizon to provide me bandwidth and internet/web access. I don't pay either of them to throttle my connection or do what they want to quality. I pay for X amount, and expect to get it. If Verizon cannot hold up their end of the deal to provide me a pipe, then they aren't doing their job.

+ - 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: Are they needed? (Score 2) 626

by Thyamine (#47048889) Attached to: Driverless Cars Could Cripple Law Enforcement Budgets
The question I'd like to see answered with data to back it up is how many time are officers out handing out moving vehicle violations vs. how much money do they bring in? If they weren't out spending time/budget on writing tickets, would additional work get done, or would there be superfluous staff that could be cut? I think it's important to have a well staffed police department should trouble occur, but if they are using tickets to increase their budget I question if they are just trying to support too much overhead.

Comment: Well... (Score 3, Insightful) 386

by Thyamine (#46831661) Attached to: iPad Fever Is Officially Cooling
I suppose someone has to mention obvious things, so you have this article. I had an iPad 2 and it was great and lasted me several iterations. I only just got a new one for Christmas this year. So... yes. People who have one already aren't going to run out and just get a new one because it's new. And there are some decent Android ones out there for people who don't want an iPad.

Same with the iPod, everything can play music now. My iPad and phone included, so sure. The idea of an iPod that ONLY plays music is sort of a dated concept. My wife loves her nano and small iPods for the gym, which makes sense for working out and instances where you only need music. But in general, things like browsing the web or running apps is basically expected now, regardless of the ecosystem or OS. Now, I don't want to _have_ to buy a phone to play music, but when I can store it all on a device that I'm already carrying around, why would I bother with an extra device like an iPod (or any music player).

Comment: Lifecycle of a MMORPG (Score 3, Interesting) 253

by Thyamine (#46344511) Attached to: Blizzard To Sell Level 90 <em>WoW</em> Characters For $60
I think we are just seeing the prolonged lifecycle of a MMORPG. Most either fizzle and die, or last long enough that they have to start going through these hoops. I think WoW is just one of the biggest/longest so we are seeing some of these ideas for a first time or at least publicized in a grand fashion. Every iteration has made the game easier and easier for players, pushed the upper levels, and introduced things that make players who played the first iteration sound like grandpa (we used to have to grind for days for a single level, up hill, both ways). This is just another step where content is being added, so how can you get the most out of it (business need)? You let players just jump right to it! It bugs me, but as someone working full time with a family, I can see how players may appreciate it.

Comment: Tools are Good (Score 1) 627

by Thyamine (#46327345) Attached to: Does Relying On an IDE Make You a Bad Programmer?
All tools have pros and cons. In general, yes IDEs are good. Is it possible to rely too much on a tool, and not understand enough of the language? That's possible, sure. But that's not regarding IDEs specifically, that's just in general. I'm sure there are some old school CLI geeks out there that will thump their VI totems and say the only real devs use text editors, but that's just an extreme, of which there are many. Be a good dev, and use the tools that make you efficient. Don't use them as a crutch to shore up bad practices.

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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