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Comment Re:ZFS is nice... (Score 1) 254

Uh, that doesn't work. The problem is that doing exactly what you've written down is contriving to avoid your copyright responsibility by deliberately creating a structure in someone else's work which you believe would be a copyright insulator. If you went ahead and did this (I'm not saying that you personally would be the one at Ubuntu to do so), I'd love to be there when you are deposed. Part of my business is to feed attorneys questions when they cross-examine you. I have in a similar situation made a programmer look really bad, and the parties settled as soon as they saw the deposition and my expert report. See also my comment regarding how Oracle v. Google has changed this issue. You can't count on an API to be a copyright insulator in any context any longer.

Comment Re:ZFS is nice... (Score 1) 254

I think you need to look at this in the context of the appeal of Oracle v. Google. We had a concept of an API being a boundary of copyright based on 17 CFR 102(b) and elucidated by Judge Walker's finding in CAI v. Altai. That stood for a long time. But Oracle v. Google essentially overturned it and we're still waiting to see what the lower court does in response.

Comment CDDL and GPL don't mix (Score 3, Informative) 254

Regardless of what Ubuntu has convinced themselves of, in this context the ZFS filesystem driver would be an unlicensed derivative work. If they don't want it to be so, it needs to be in user-mode instead of loaded into the kernel address space and using unexported APIs of the kernel.

A lot of people try to deceive themselves (and you) that they can do silly things, like putting an API between software under two licenses, and that such an API becomes a "computer condom" that protects you from the GPL. This rationale was never true and was overturned by the court in the appeal of Oracle v. Google.

Comment Re:Gun-free zone? (Score 1) 1161

Israel is in an active war zone, this tends to change things a lot.

His point still stands. Many, many people there have continuous access to weapons - and we're not talking consumer grade weapons either. Yet everyone isn't shooting up the place and killing everyone in sight when they have a bad hair day or get in an argument. You try to dismiss a major data point against your argument with a "tends to change things a lot", which doesn't hold water.

This shooting, like the vast majority of similar mass shootings over the last decade, was the result of mental health issues. Whatever our doctors and psychiatrists and counselors are doing today compared to 25+ years ago is failing miserably and resulting in many deaths.

Comment Re:Pulling that off was a major conspiracy (Score 1) 494

Hiding car emissions was not done by a couple of people. A large number in the people inside these companies were involved in pulling it off.

I've had the same thoughts all along, and it's now really looking that way:

The criteria, outcomes and engineering of cars that missed emissions targets were overseen by managers at Volkswagen’s base in Wolfsburg, according to the people who asked not to be identified because they weren’t authorized to speak publicly.
Their accounts show the chain of command and those involved in the deception stretched to Volkswagen headquarters.

And the smoking gun - or, errr, engine:

If any vehicle failed to meet emissions targets, a team of engineers from Volkswagen headquarters or luxury brand Audi’s base in Ingolstadt was flown in, the person said. After the group had tinkered with the vehicle for about a week, the car would then pass the test. VW had no engineers in the U.S. able to create the mechanism that cheated on the test or who could fix emissions problems, according to two other people.

This allowed the engineers to view the diagnostic information from the vehicle that was just tested to find ways of identifying when a test is taking place (oh, they didn't move the steering wheel at all while it was operated at 55 MPH), and also exactly how the vehicle was tested (what speeds it was operated at, etc) and thus they could optimally tweak the cheat to pass the test. It sounds like a pretty stupid method of testing to me.

One of the interesting things in doing it that way is even though those engineers might be breaking US law, since they aren't US citizens and got their butts back to Germany afterwards, it would make it extremely difficult to prosecute or even investigate and interview them.


Comment Re:Doctor what's wrong with me? (Score 1) 111

Those genes are not expressed, and we don't have copies of those viruses floating around our bloodstream.

Probably, and for the most part. But we used to think the genome was mostly "junk DNA" before we understood that much of it was homeotic in function. It seems to me that virus copies would not be conserved over time unless they were serving some function.

A freelance is one who gets paid by the word -- per piece or perhaps. -- Robert Benchley