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Comment: Re: How is this news for nerds? (Score 1) 1082 1082

Sure. Perhaps you've heard of bigamy? Alice can't marry Carol because Bob already has a vested marital interest with Alice. For example, if Alice marries Carol and dies, Carol is entitled to 100% of her assets as spouse. But so is Bob.

That's not the policy rationale for the prohibition on bigamy, and while it is perhaps a little better of a reason than administrative convenience, it boils down to the same thing, since the question of marital property is one of the issues that legislatures will have to address when the ban is overturned as it inevitably will be.

On the contrary, tradition is absolutely relevant as to whether something is a fundamental right. Marriage is a fundamental right because it's enshrined in our traditions and collective conscience. ...
Polygamy does not have such a place in our traditions or collective conscience, and therefore is not a fundamental right.

Yep, that's the bullshit argument that people were rolling out against same sex marriage all right. That because it wasn't traditional, it wasn't fundamental.

The core mistake with that argument, whether in the context of same sex marriage or marriage among persons already married, or in larger numbers than two, is that what's fundamental is not opposite sex marriage, or same sex marriage, or polygamous marriage, but simply marriage, without qualification of any kind.

Issues like gender, race, consanguinity, marital status, and number of spouses are all restrictions on that singular fundamental right. Whether they stand hinges on whether they can be justified. Two of them, it transpires, cannot be. Ultimately I think the only restriction that will hold up will be consent, and perhaps consanguinity will have to be reframed in terms of consent if it's to be salvaged.

Comment: Re: How is this news for nerds? (Score 1) 1082 1082

because, as noted earlier, 3>2. Equal protection is an issue where two groups that are equally situated are treated differently. For marriage, there is no difference between a gay couple and a heterosexual couple. There is a difference between a couple and a larger group, however.

The litigant needn't be the entire group. Marriage is a fundamental right, subject to various restrictions, such as consent and consanguinity. Yesterday, one of the restrictions, at least in some places, was that the genders of two of the spouses couldn't be the same. Today, it's fine nationwide if they're the same.

The restriction to look at now is whether the marital status of each spouse in the marriage at hand is single. Today it has to be. But there's not a good reason for it. (As already mentioned, administrative convenience is not a good reason). So why can't Alice, who is married to Bob, now also marry Carol? Bob isn't marrying Carol; the A-C marriage would be between two people only. You're treating Alice differently merely because she is already married.

It's also not a fundamental right, as polygamy is not part of the traditions and collective conscience of society, except for Mormons.

Marriage is a fundamental right and is extremely broad. Restrictions on marriage, such as requiring the spouses to be of opposite genders, or of the same race, or of the same religion, or of compatible castes, etc. are not inherently part of marriage and are certainly not part of the fundamental right of marriage.

Also, today's events make it clear that tradition is irrelevant; polygamy is practiced today among many groups, and has a long history back into antiquity. Same sex marriage was known in the past but was far more rare.

Comment: Re: How is this news for nerds? (Score 1) 1082 1082

It will certainly be a massive pain in the ass. But administrative inconvenience is not an adequate justification for denying people their fundamental rights or equal protection of the law. It'll take a while, but just as this took a while, but in time polyamororous marriages will be legally recognized.

Comment: Re:Meh (Score 1) 368 368

I appreciate your reply, though please note that the post you're replying to was incomplete; Slashdot's lousy UI went ahead and posted it while I was in the middle of writing it. For the whole thing (revised slightly) see here: http://entertainment.slashdot....

Anyway, I don't have any qualms with rightsholders complaining about, or refusing to assign or license rights to, businesses that they disagree with. That's their choice. But the music industry is in a bad way right now. Siding with Apple might be a bad choice, but refusing to deal with them might also be a worse one. There probably isn't a good option to choose.

Most people won't buy CDs if they can buy tracks online. Most people won't buy tracks online if they can stream; music purchase is already dying if you look at the numbers. Most people won't pay for streaming if they can stream for free. And most people won't do any of those things if the cost and inconvenience is even moderate, because piracy is free and quite easy also.

(Note also that because an individual's taste in music typically ossify, once they've got a big enough collection, barring format shifts, which don't happen anymore, you basically lose them as a customer. You'd better hope that they stream instead of collecting, and that if they collect, they pay for it instead of pirate it)

Like it or lump it, this is the reality that participants in the music industry need to face. Bitching about Apple isn't going to change it.

Comment: Re:Theft of Intellectual Property (Score 2) 368 368

With all the sound and fury about people "stealing" copyrighted materials, how is Apple getting away with this?

Best as I can tell, EACH Instance should be punishable with thousands of dollars of fines and jail terms for those at Apple who authorize this.

It's not illegal. Apple either has permission from the rightsholders for the music they offer, or a statutory right to offer it, and doesn't offer the music for which they don't have permission or a right.

Comment: Meh (take 2) (Score 1, Interesting) 368 368

Well, looks like /. ate and posted an incomplete post of mine. I guess I won't try writing any posts from my phone in the future, if their UI is going to be this crappy. Let's try again, with a few revisions:

I think she's calling for a bit too much out of Apple.

Apple is a hardware company; any products or services they offer other than hardware are only relevant to them because they think it'll help them sell hardware. Apple also has a justified complex regarding self-sufficiency. More on that presently.

When listening to compressed music on computers began to take off, Apple responded by buying SoundJam MP, modifying it, and releasing it as iTunes. Mostly this was to sell computers -- making sure that people knew that Macs were well-suited to storing, organizing, and playing music files, and could also rip and burn CDs. It was also part of their complex to not rely on third parties to provide important features, and this was now deemed an important feature, with the iPod beginning development shortly after the purchase of SoundJam, and with iTunes to be the syncing software for it.

Releasing a Windows version of iTunes, and selling music via the iTunes Music Store were both just strategies to sell more iPods. Apple figured that some people would buy downloaded music at the 99 cent price point, and that some of them might even be former pirates. The store's label-mandated use of DRM would also help lock customers into the iTunes ecosystem, helping to sell more iPods.

Streaming is just more of the same; because of free streaming, many people who would buy music, or who would pirate music, have flocked to listen to music legally for free (at the expense of having to use bandwidth to stream, not having offline copies, and losing some degree of choice in what you're listening to when. Also, ads). While the iPhone is now more important than the iPod, Apple likes having people locked into the iOS ecosystem. They like having people buy iOS devices, on which music listening is still a core feature (and will continue to be, e.g. with the CarPlay platform). Streaming has become important, and like all important things, it can't be left in the hands of third parties. Therefore Apple must provide music streaming.

But music streaming is a crappy business. Almost all the users stay in free tiers; a mere handful actually pay. Apple's plan is to draw users in with a free time period and then hope for a good attach rate when the time comes for users to either cancel or pay to subscribe. I doubt that Apple will get more than 10 million paying customers (and therefore will only get revenues of around $200 million their first year, and around $300 million in later years after accounting for payments to rightsholders). Frankly, they can find more money than that in their couch cushions. Apple isn't interested in streaming for how profitable it is (read: it really isn't). And I'm sure that they know that in the absence of free streaming, most people will go right on back to pirating music again (with some returning to the iTunes Store, which suits Apple fine).

The whole point of Apple's streaming service therefore is just to keep their hand in, and to prevent a potential rival from being in a position where Apple is so dependent on the rival that the rival has power over Apple.

So can Apple pay rightsholders during the free period? I'm sure they can afford it. Although it makes no economic sense for Apple, as it would cost over $20 million per million free users, and with low attach rates expected, this could easily run over a billion dollars in payouts for a business expected to generate far far less than that. It's frankly not important enough to them to do it. Putting up with Taylor Swift whining at them, and rightsholders loudly complaining that the world is no longer stuck in the 80's and early 90's, is not too big of a cross to bear.

Apple's options other than a free trial period are a free tier, or no free anything. We already know what Swift thinks about the former. The latter is the plan that Tidal is pursuing, plus a higher subscription rate. I don't think it's going to fly. Whether or not it is a legal substitute, piracy is a real substitute, and can't be ignored. If music costs too much to get, people will gladly pirate. Hell, they'll often pirate just for the joy of it. And for a lot of people, any amount of money out of their pockets is too much. Tidal will not be able to reverse the tide of piracy, and asking Apple to follow in its footsteps will neither change the reality of the music industry nor convince Apple to actually do it, given the relative unimportance of legal music for them at this point.

So by all means, she has a right to complain. But I don't see the numbers working out in a way that will put any force behind her complaints. The music industry will have to collapse further, and be rebuilt anew, before it can become viable again, if it ever can.

Regarding Apple's complex about self-sufficiency, it's due to a history of sudden but inevitable betrayal. In 1978, Apple licensed Microsoft BASIC (renamed Applesoft BASIC) because Apple never got around to finishing floating point routines for their own BASIC. The license was for 7 years. The renewal came up in 1985, at a time when Apple still relied on the profits of the Apple II line, all of which had Applesoft BASIC in ROM. Apple hadn't ever gotten around to making a perfectly compatible new BASIC, which meant that MS had them by the short hairs. Luckily, all MS wanted to renew the license was for Apple's BASIC for the Macintosh to get canceled, which it was.

Later, MS again had great power over Apple, because Apple needed MS Office to be available for the Mac, and MS has both used this as a sword and also never quite made it as good as the Windows version. Now Apple has made their own little office suite just to have some alternative available. (It's not quite a substitute, but it's something, especially for casual users)

Then as Netscape collapsed, Apple needed a good web browser, and had to make a deal with MS for IE. The ultimate response for that was for Apple to write their own browser, Safari.

The original (Google-based) Maps program for the iPhone started as just a demo for scrolling, IIRC. It rapidly became an invaluable feature, but Google became a competitor, and withheld new features seen on Android's version of Maps from the iPhone. Therefore Apple had to develop its own Maps program. (And should've seen this coming as early as 2008)

Why did Apple get into the ebooks business? Because Amazon dominates it, and Apple saw that the iPad might make a good ebook reader. Therefore Apple had to have its own alternative option, not to seriously compete, but to make sure that Amazon couldn't kill off the iOS Kindle app, thus harming iPad sales to people who wanted to read ebooks on iPads.

Ginning up a rival to Spotify & co. is just more of the same.

Comment: Re:Yes. (Score 1) 172 172

An author's copyrights can be assigned or transferred to a third party. This leaves the author with only the same rights as any member of the general public. (There are a few narrow exceptions, but nothing that would prevent the possibility of an author infringing on the copyright of a work he created)

It's also possible for a person who prepares a work to not be considered the author. This is the case for works made for hire.

And of course copyright isn't mandatory, though that just leads to works being in the public domain, so at least there's no danger of infringement there.

Comment: Re:Correct, but silly (Score 1) 172 172

However, bear in mind that copyright only applies to original material, not to pre-existing material. A review which includes a quote is copyrightable, but the new copyright for the review only covers the portion original to the reviewer; the material quoted is only covered by the copyright of the work the quotes are drawn from.

17 USC 103(b):

The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

Comment: Re: Apple ][ was a great product (Score 1) 74 74

Though there was a good reason for the original compact Macs to discourage users from opening them up -- there were exposed high voltage monitor electronics in there which could give you a hell of a zap of not properly discharged.

The later all in one Macs of the 90s were better in that regard. Their user suitable parts (motherboard, drives) all were easy to get at, but the monitors and power supplies were fully enclosed.

Comment: Re:New Jersey and Other Fictions... (Score 1) 615 615

These people are increasingly rare, given that more gas stations lack "full-service" pumps.

Well, chalk one up for electrics, I guess.

Tesla's working on automated full-service battery swapping stations. And apparently also on charging cords that can plug themselves in:

http://www.theverge.com/2014/1...

Robots of that sort already exist, so you can see the sort of thing he's probably referring to:

https://www.youtube.com/watch?...

Comment: Re:Won't save most of the 4000 lives (Score 1) 615 615

Local delivery (Fed Ex, UPS etc) will still have an operator (or perhaps two or more) that can jump out with the package while the delivery truck drives around the block

That's what the Amazon drones are for. The truck just has to cruise through the neighborhood. Meanwhile, small drone aircraft that it carries will work to carry packages out of the truck and to front doors. A human will still be needed for heavy or bulky packages, or for deliveries that have to be brought inside or where there's no convenient place for the drone to land to deposit them, but those packages and destinations can be separated from the others at the local depot, and all put on a smaller number of trucks, therefore needing a smaller number of humans. You won't need a human for every truck if you work out the routes each day based on the nature of the packages you've got and where you're taking them.

Comment: Regulation is ok, but the EU can't be a bad actor (Score 1) 247 247

Google does have an effective monopoly in search, and it's not a bad idea to have some degree of regulation in place to make sure that it doesn't harm consumers. (Though nonsense like a 'right to be forgotten' is going too far, and should be dropped)

The problem is that that very well may not be the EU's only motive here. At about the same time that the charges were announced, Gunther Oettinger, the EU's Digital Commissioner gave a speech where he said:

A great challenge is also Europe's position in the development of the next digital platforms that will gradually replace the current Internet and mobile platforms. We have so far missed many opportunities in this field and our online businesses are today dependent on a few non-EU players world-wide: this must not be the case again in the future. ... We need European industry 4.0 champions to win the global game in industry 4.0. ... Industry in Europe should take the lead and become a major contributor to the next generation of digital platforms that will replace today's Web search engines, operating systems and social networks.

Maintaining a level playing field and ensuring fair competition is one thing. Using the law to rig the market in order to engage in protectionism, however, is not acceptable. If the EU wants to pursue Google, they're going to need to do so in a way that is justifiably beyond reproach. Otherwise it's relatively easy for Google to restructure the way it does business internationally to avoid the EU from having any power over them, while still offering its services to persons in the EU, and to have many people cheer them on in the process.

Comment: Re:Hmmm (Score 1) 255 255

Then you fall into the second category. Or you're just ignorant.

Well, I'm a copyright lawyer, so I doubt I'm "completely and totally ignorant of the law." Have you considered the possibility that your analysis is wrong?

Since we're talking about works that haven't been around long enough to have their copyrights expire, that's totally irrelevant.

Just thought I'd mention it, since you did make a rather broad statement suggesting that works cannot enter the public domain unless deliberately placed there by the copyright holder. While copyright holders can put works into the public domain, it's not true that that is the only way for works to enter the public domain.

"Um, no. That would not be the scenes a faire doctrine."

The scenes a faire doctrine, which I don't have to google for, thanks, permits people to copy without fear of infringement, stock elements from works, which are typical, if not indispensible, for works that have a particular setting, genre, theme, etc.

In this case, where you have a show about teenagers fighting monsters with martial arts and giant robots, it would not infringe if you had a five person team, each member of which had personalities as described above, and where the members of the team were color-coded. It's simply expected of the genre, and therefore fair game, even if you copied it from another copyrighted work.

Now if the specific thing you copied was a very detailed example, and you kept all the details, you might then have a problem. So it depends on how much Power Rangers embellished on this standard device, if they did, and if so, how much of that embellishment, if any, was used in this case.

If you disagree as to my explanation, please feel free to actually say what you think the scenes a faire doctrine is.

OS/2 must die!

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