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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. )

+ - U-2 Caused Widespread Shutdown of US Flights out of LAX 2

Submitted by Hugh Pickens DOT Com
Hugh Pickens DOT Com (2995471) writes "Reuters reports that last week's computer glitch at a California air traffic control center that led officials to halt takeoffs at Los Angeles International Airport was caused by a U-2 spy plane still in use by the US military, passing through air space monitored by the Los Angeles Air Route Traffic Control Center that appears to have overloaded ERAM, a computer system at the center. According to NBC News, computers at the center began operations to prevent the U-2 from colliding with other aircraft, even though the U-2 was flying at an altitude of 60,000 feet and other airplanes passing through the region's air space were miles below. FAA technical specialists resolved the specific issue that triggered the problem on Wednesday, and the FAA has put in place mitigation measures as engineers complete development of software changes,” said the agency in a statement. “The FAA will fully analyze the event to resolve any underlying issues that contributed to the incident and prevent a reoccurrence.” The U.S. Air Force is still flying U-2s, but plans to retire them within the next few years. The U-2 was slated for retirement in 2006 in favor of the unmanned Global Hawk Block 30 system, before the Air Force pulled an about-face two years ago and declared the Global Hawk too expensive and insufficient for the needs of combatant commanders."

Comment: Re:GPL? (Score 1) 128

by FreshnFurter (#46831323) Attached to: Band Releases Album As Linux Kernel Module

From dmesg

[ 421.406145] netcat: module license 'unspecified' taints kernel.
[ 421.406149] Disabling lock debugging due to kernel taint
[ 421.416664] [netcat]: netcat - Cycles Per Instruction - Kernel Module Edition - 2014
[ 421.416668] [netcat]: netcat is Brandon Lucia, Andrew Olmstead, and David Balatero
[ 421.416670] [netcat]: On the web at
[ 421.416671] [netcat]: 'ogg123 -

So yes

Comment: I see your grandfather and raise you one grandfath (Score 1) 239

My grandfather manned a gun in a real open cockpit in WWI, flying in planes put together by wires, cloth and wood.

He took one of those wires through his chest in a crash landing, and lived to tell the tale, get married, have kids and eventully die mowing his grass one week after lung surgery because he was bullheaded, stubborn, Irishman [yeah runs in the family].

Comment: Wheel-well traveling (Score 1) 239

Step number 2 should be "bring a rebreather", rather than an oxygen tank. Rebreathers should be good for trans-pacific flights, 1.5-8 hour capacity, theoretically speaking.

Then again, Not sure how well they will work at 40,000 feet in the atmosphere. Nor if the sensors will know how to prevent you getting stoned out of your mind on too much oxygen (depending on the particular configuration of the rebreather). Still a rebreather would be my tank of preference for a wheel well trip.

But then if you can afford the $4000-$15,000+ for a rebreather, you could probably afford to hire a private jet.

Of course, you could probably save a bunch of money, if you plan on being a frequent-wheel-well-flyer.

Comment: Bullshit! (Score 1) 289

It takes 9 hours to go from Omaha to Miami on Amtrack , and you can get a one way ticket for $275.

Yes, you can opt for the 23 train that takes two partial days (not three full days - although there might be a possible package for that too), and yes you can buy a cabin ticket for almost $1100.

No it's not faster to drive, and I've driven such distances. Cheaper? Perhaps. If you have more than one person, definitely. Again, I've done this, I prefer to drive, and often get a rental with full coverage, in case I decide to pull any Jackass stunts ( with full coverage, I can take the car to a demolition derby before returning and not have any worries). It's definitely not more relaxing, especially if you're trying to beat a train going 90.

Note: if going from Omaha to Miami you'll probably go first to Chicago, and may get put on the City Of New Orleans (made famous by the song), and go to , you guessed, it New Orleans, then to Jacksonville, and then to Orlando, and then to Miami, there might be 3 to 5 train changes there. Then there are other, slower routes, with more changes.

It may be more rewarding to drive.

Also, it should be noted that some train stations have TSA agents and you'll still have to deal twith them sometimes by train. If you go that route. Trains can be fun though, no need to turn off your electronics, and you'll likely have excellent signal strengths wherever possible, plus a lot more room to get up and walk around and socialize.

Comment: Re:And another pointless phone (Score 2) 146

by celtic_hackr (#46240053) Attached to: Nokia Turns To Android To Regain Share In Emerging Markets
Nokia is dead.
Long live Winkia.
There are way more uninformed, uncaring, give me something shiny, consumers out that will buy Nokia phones than there are tech savvy ones, if and only if they make something that gets advertising, and reviews, and sparks the consumer's interest.
But between LG, Samsung, and iPhone phones how are they going to do that?
However, the reviews are written by people who do actually pay attention and thus, the only great reviews Nokia is likely to see will be the ones they pay for. Nokia has to climb a Mt. Everest tech world to get back. That's what happens when you fire off a cannon in the high mountains and get blown off the mountain by then ensuing avalanche.
Nokia is so far gone, it'll take a mircale or billions and billions to rise again. That doesn't mean they can't scrape out a living with Andriod and Windows phones, as a bit player.

However, Nokia does have one advantage. They won't be paying the Microsoft Android Tax and will be able to undercut ever so slightly other phones with Android.

Comment: Or you could have drawn a better conclusion by rea (Score 1) 202

by celtic_hackr (#46106771) Attached to: 20% of Neanderthal Genome Survives In Humans
The article clearly indicates that the male offspring of Human-Neanderthal breedings might have had lower fertility or been sterile (because modern humans share very few sperm producing genes from Neanderthals). Hence it is far more likely that, Neanderthal males simply bred themselves out of existence by mating with human females, and the Neanderthalish male offispring of male Human to female Neanderthal matings never went anywhere. Thus the decreasing male Neanderthal ratio would force further matings of Neanderthal females with human males. Thus resulting in an eventual complete loss of male Neanderthals, and ever decreasing purity of Neanderthal females. Mystery solved.

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