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Comment Re:Defendants screwed up (Score 1) 129

perhaps even "copies" loaded into RAM.

No, US copyright law has an explicit exception for that.

Unless the progeny of MAI v. Peak have all been overturned while I wasn't looking, that is incorrect.

Copyright law requires fixation, and purely transitory phenomena won't qualify, but RAM copies can certainly exist for more than a transitory period. A couple minutes is enough. The subsequent carve out Congress enacted in the wake of Peak was specifically to protect computer repair activities, which may be the part of the law you were thinking of.

In the case at hand, the most likely way that Blizzard would make a copy would be to take the CD (or whatever) of source code they got from Apoc, pop it into a machine at BlizHQ, open up the files and start reading them. That means they'd be in RAM the whole time Blizzard people were looking through them, which is a process that would presumably take more than a few minutes, which is enough time for the files in RAM to be non-transitory (infringing) copies.

Comment Re:Defendants screwed up (Score 1) 129

They also can't claim copyright infringement unless Blizzard actually uses their code.

Not quite true. They can pursue Blizzard for making unauthorized copies of the source code, which can include not only addition CD/hard drive copies, but perhaps even "copies" loaded into RAM.

Even assuming that Bossland could win that, it might be a Pyrrhic victory if they infringed Blizzard's code as Blizzard claims. (Side question for someone more informed than I: some German company got ahold of Blizzard's source code how?)

Comment Defendants screwed up (Score 4, Interesting) 129

It's not immediately clear from the short search I did, but I'm working on the assumption that Apoc was sued in a US court (and that the legal proceedings between Bossland and Blizzard have been in German courts).

If that's the case, Apoc and Bossland screwed the pooch on this. Because Bossland (and its IP) is the real party in interest in the Apoc case, they had a right to intervene in the Apoc case. The argument boils down to "Hey you can't sue $randomGuy seeking $myStuff without me being involved; I have a right to fight this even though I'm not the original defendant." And likewise, Apoc had the right to try and rope in Bossland, on the flip side argument, "Whoa, I'm not the droid you're after, and what you're asking for isn't even mine."

It would seem that either:
-Bossland didnt know (that a freelancer possessing their entire code base was being sued by the object of all their bot programs??), or

-Bossland didn't want to cede personal jurisdiction in the US (very complex and nuanced, and there are plenty of creative arguments Blizzard could have used to get what it wanted, esp. with the source code stored by Apoc in the US), or, most likely,

-Apoc just freaked out and (too) quickly said "Blaaaaaughhh here take the source code go away!"

In any case, Bossland's claim of copyright infringement seems tenuous against Blizzard. If anyone, it was Apoc who infringed (and maybe broke non-disclosure) by distributing a copy of the code to Blizzard. But there's little point in Bossland suing its freelancer. Blizzard did probably make copies of their own, and so there's an interesting question as to whether Bossland could get them for infringement there.

Also, contrary to TFS, settlements may set behavioral precedents, but they don't set legal precedents.

Comment Re:Looking forwards (Score 1) 181

Even more true in the context of this "dramatic advance" in curling tech. Unless I'm grossly misunderstanding TFA, it sounds like they literally flipped the broom pad over, which apparently enables godlike control over the frosty rock.

This isn't nanolaser-propelled unobtainium bike tires, it's reversing the grip tape on your baseball bat or taking the foam off your ping pong paddle. Again, corrections welcome if I misread it.

On a somewhat tangential note, I've always thought baseball would be more interesting with both steroids and deadly obstacles.

Comment Derp (Score 4, Funny) 79

Did you implement all of ASCII in your barcode scanner?
Did you think to scrub out control characters?
Do you know what that means?
I'll ask the questions, bub.
Don't try to BS me.
Where are you going? You can't leave!
[NUL] . . . [DC1]
[BEL][BEL][BEL] Correct. Hackers have control of your device. Now go fix your shit.

Comment Re:HA .. oh god .. HA (Score 1) 176

Agree. Even further on that point, I think Schneier's statement at the end of TFS is wishful thinking.

He says: "In the end, doxing is a tactic that the powerless can effectively use against the powerful."

But in fact it's more likely that doxing (as with other political takedown tactics) will be a tactic that the already powerful can effectively use against the the newly, moderately, or inconveniently powerful.

So it is indeed a bad time to be a good person running for office, especially if you're also trying to shake things up and actually do some good.

Comment Re:This is it! (Score 4, Insightful) 578

This is The Year of Linus app, suggested for your convenience directly into C:/Program Files (x86). Download it today by not clicking cancel 3 seconds ago!

The Year of Linus adds in the frequently requested functionality of replacing the standard Windows calendar with 365 days of Met Life advertisements featuring beloved Peanuts character Linus.

You're welcome. Love,

Mommy, what happens to your files when you die?