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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. )

+ - An open letter to the management of Slashdot. 14

Submitted by onyxruby
onyxruby (118189) writes "I have been watch for some time now as Slashdot has started beta testing a new version of the website. As you are well aware the new site would constitute a complete change to the look, interface and functionality of Slashdot.org.

Change happens, and for those of us who work with technology for a living it is the only constant. Change is a process and in and of itself is not a bad thing when it offers improvement. Unfortunately the change that has been offered negatively impacts the look, interface and most importantly the functionality of Slashdot.
Many people have had trouble reverting back to the classic interface. The new interface simply does not offer the functionality of the old. Things like statistics, comments and layout are very difficult to find. You have a community that lives and breathes data and want to know their data. How is my comment ranked, how many people responded – it’s really all about the dialogue. Can I get the information that I want in a readily digestible format?

As you’re well aware the new site does not offer the very thing that people come here for. This in and of itself is not why your community has organized a boycott of Beta. The boycott was originated because the new version will be implemented whether the community wants it or not.

I want to explain why this change has gone down people’s throats about as well as Windows 8’s Metro interface. The reason has absolutely nothing to do with the interface and everything to do with the perception that the editors and management of Slashdot appear to have.

The message that has been consistently handed down is that we are “your audience”. We are not your “your audience” we are your product. People do not come to Slashdot for the news stories, there are untold other sites that provide those as well as professional and original writing about them. People come here for the community of insiders from across the industry.

Please respect the community and stop what you’re doing. You have commented that you don’t want to maintain two code bases. Your community works in the industry and understands this, which leads many to suggest you abandon the new code base entirely so that you are only maintaining once code base. Tell us what your trying to accomplish and I would imagine that a wide range of experts would be more than willing to help you meet your goals."

+ - /. Beta comments don't work, users upset.-> 4

Submitted by magic maverick
magic maverick (2615475) writes "Since the new /. Beta came to light, many /. users and commentators have tried it out. However, they are almost universally condemning the new commenting system. It simply isn't as good as the so called Classic system. Some users, however, haven't a bad thing to say. Mainly because they haven't had a chance to even use the new system. It simply doesn't load. One user, Magic Maverick , who lives in a third-world country with crappy Internet, had this to say:

I come to /. for the comments, but with the new Beta, I can't even see anything! It just says:

''Shazbot! We ran into some trouble getting the comments. Try again... na-nu, na-nu!

It seems like the "developers" need to take some advice from people who actually know what they are doing. I'm happy to help explain what graceful degradation means if they like...

"

Link to Original Source

+ - Dice Holdings, Inc, deleting unflattering stories from Slashdot firehose 4

Submitted by Anonymous Coward
An anonymous reader writes "Stories submitted to the Slashdot firehose that take a negative view on the site's redesign are being deleted. 4 hours ago, it was full of anti-beta posts. Now they are gone. That's right. A forum that usually leaves V14GRA spam in place for posterity is deleting user content."

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.

Your program is sick! Shoot it and put it out of its memory.

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