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Comment: Re:I skipped to the ending (Score 2) 49

Wow, how did this bit of nonsense get modded up.

Chinese people are generally better informed about what is going on in the world than people in most other countries.

Do you care to back this statement up? In what way are they better informed, and which countries fall into the "most other countries" category that are less informed than the Chinese public in general? I can only think of a few countries with more censorship then China.

Information that the government prohibits (child porn, holocaust denialism, videos of journalist beheadings, etc)

You're only one for three there. That's worse than dumb luck.

Comment: Re: C (Score 4, Informative) 142

by Dan East (#47707295) Attached to: Ballmer Leaves Microsoft Board

I'm sorry but you're incorrect. In 2007 Windows Mobile had the largest market share of any OS for mobile devices, with 42% of the market:
http://bgr.com/2011/12/13/appl...

They had tied Blackberry the year before, and edged them out in 2007 which was when iPhone was released. Then the next year iPhone took over.

Going back pre-smartphone, when the only real players in the PDA arena were Palm and Microsoft, Microsoft surpassed Palm in 2004, and from then on it was all downhill for Palm as they tried to update an archaic OS to utilize advances in hardware.
http://www.pcpro.co.uk/news/65...

Microsoft soundly won the PDA war, but then were totally decimated soon after the PDA market transitioned into the Smart Phone market. In turn, Palm, then Blackberry, then Microsoft all owned the market and then stagnated, failed to innovate, and were superseded by new OSes that didn't have legacy issues (or trying to maintain backwards compatibility, etc).

Comment: timing - which year (Score 2) 72

by SteveWoz (#47628049) Attached to: Expensive Hotels Really Do Have Faster Wi-Fi

I travel a ton and stay in dozens of different hotels every year. Domestically, and in maybe 50% of the foreign cases, the high priced hotels had worse and slower internet up until a couple of years ago. For the last 2 years they have gotten better, on the average. Oh, I was in a 5-star Vegas resort last night that had horrible bandwidth. In the past, my joke was accurate that the difference between a Four Seasons (just an example) and a Super 8 is that at the Super 8 the internet worked and was free. The most important thing to me in a hotel is computer use. The fancy suites in major hotels are often set up for entertaining friends and DON'T even have a computer desk. I ask my wife to book me into Super 8's whenever possible.

Comment: Re:I think that this is actually illegal (Score 1) 317

It's not the ripping software, it's the digital recording function, i.e. the ability to write to disk.

Here's what the court said in the RIAA v Diamond Multimedia case: (internal citations removed)

Unlike digital audio tape machines, for example, whose primary purpose is to make digital audio copied recordings, the primary purpose of a computer is to run various programs and to record the data necessary to run those programs and perform various tasks. The legislative history is consistent with this interpretation of the Act's provisions, stating that "the typical personal computer would not fall within the definition of 'digital audio recording device,'" because a personal computer's "recording function is designed and marketed primarily for the recording of data and computer programs." Another portion of the Senate Report states that "[i]f the 'primary purpose' of the recording function is to make objects other than digital audio copied recordings, then the machine or device is not a 'digital audio recording device,' even if the machine or device is technically capable of making such recordings."

So it really depends on what else the car's ability to write to disk is both primarily used for, and what it is primarily marketed for. The latter is probably worse for them; even if the car happens to be writing map or diagnostic information to disk, probably ripping CDs is what is mainly being advertised.

Comment: Re:Time Shifting? (Score 1) 317

No. Here's the relevant part of the ruling, quoting the Senate report on the bill:

"[i]f the `primary purpose' of the recording function is to make objects other than digital audio copied recordings, then the machine or device is not a `digital audio recording device,' even if the machine or device is technically capable of making such recordings."

What information does the car's system digitally record other than music? That it might display digital information, or play digital information isn't relevant, since those don't involve the recording function.

Computers record lots of stuff to their hard drives. Some of it is music, but the ability to write to disk isn't primarily designed for digital music, nor primarily marketed for that.

Comment: Re:Time Shifting? (Score 1) 317

No, the car doesn't count.

Let's look at a bit more of the relevant language in the statute:

A âoedigital audio recording deviceâ is any machine or device of a type commonly distributed to individuals for use by individuals, whether or not included with or as part of some other machine or device, the digital recording function of which is designed or marketed for the primary purpose of, and that is capable of, making a digital audio copied recording for private use

It's what the primary purpose of the digital recording function is (or is marketed as) that matters. We disregard the car and the rest of the machine altogether.

Comment: Re:The Alliance of Artists should lose this suit (Score 1) 317

I think you really need to go back and read up on Copyright Law (17 USC). The license is implied in Copyright Law.

No, there's no license, particularly no license 'implied in the law,' whatever that means.

You have an inherent free speech right to do anything with a work that you like, except for things that copyright gives an exclusive right to the copyright holder about. A copyright holder can only possibly grant a license for something that he holds a right to; he cannot give you permission to do something you don't need his permission for. And once the copyright on the work expires (no, seriously), you're no longer limited as to the exclusive rights either.

So for example, there is an exclusive right to publicly perform music, but not an exclusive right to privately perform music. Even if you have a stolen CD that was itself made illegally, you can lawfully privately perform it without infringing on copyright. No license or anything.

All this licensing bullshit basically is a side effect of stupid (and largely unnecessary) practices in the software industry. It's mostly folk myths. If there's a license, you'll usually know it: it will almost certainly be pages and pages long, written, and you'll have to expressly agree in some way. Record companies would not sell CDs with some sort of implied license.

No, the CD is the work, it is not the derivative.

Depends. Assuming you just mean an album, and not the piece of plastic, it'll either be a work or a compilation.

You do have a right to transform it.

No, that's preparation of a derivative work, probably; an exclusive right at 17 USC 106(2), and doing it is infringing at 17 USC 501(a). You'll need an exception to copyright, or for the work not to be copyrighted, or a license, in order to just make the derivative, never mind distributing it. And if it's not a derivative work after all (see the definition at 17 USC 101), it's likely an infringement of the reproduction right at 17 USC 106(1).

By definition, Fair Use is not an infringement.

Correct. Though as a practical matter, it's treated like an affirmative defense... it just makes more sense to do it that way, even though it is indeed an exception to copyright.

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