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Media

Can Cable Companies Store Shows For Us? 165

NewYorkCountryLawyer writes "Last August I reported that the US Court of Appeals for the 2nd Circuit had defeated the MPAA's attempt to label as copyright infringement a cable operator's storing video for later reuse at the request of its subscribers, in Cartoon Networks v. CSC Holdings. The MPAA has petitioned the US Supreme Court to review that holding. According to a recent interview with Gigi Sohn of Public Knowledge, the High Court has not yet decided whether to grant the MPAA's petition seeking review. What I found odd about the 2nd Circuit decision (PDF) is that (a) although 'fair use' was the most logical defense to be employed in view of the Supreme Court's holding in SONY Betamax, upholding a VCR's 'time shifting' of a broadcast television show as a 'fair use,' the defendant in Cartoon Networks has stipulated to waive 'fair use,' and (b) although the easier legal theory for plaintiff to prove would have been secondary, rather than primary, copyright infringement (i.e. Cablevision's encouraging and inducing its customers to make unauthorized copies), the MPAA has stipulated to waive that line of attack. I.e. neither plaintiffs nor defendants seized the 'low hanging fruit.' In her interview, Ms. Sohn discusses the fair use defense, but I'm not sure why she does, since as I recall the defendant has waived it."
Operating Systems

Apple Freezes Snow Leopard APIs 256

DJRumpy writes in to alert us that Apple's new OS, Snow Leopard, is apparently nearing completion. "Apple this past weekend distributed a new beta of Mac OS X 10.6 Snow Leopard that altered the programming methods used to optimize code for multi-core Macs, telling developers they were the last programming-oriented changes planned ahead of the software's release. ...`Apple is said to have informed recipients of Mac OS X 10.6 Snow Leopard build 10A354 that it has simplified the`... APIs for working with Grand Central, a new architecture that makes it easier for developers to take advantage of Macs with multiple processing cores. This technology works by breaking complex tasks into smaller blocks, which are then`... dispatched efficiently to a Mac's available cores for faster processing."
Earth

Replacing New Hampshire's Old Man of the Mountain 162

Holdstrong writes "New Hampshire's iconic natural rock formation, the Old Man of the Mountain, fell from its mountain-side perch back in 2003. Award-winning architect Francis D. Treves is proposing a monument to replace it. His idea would feature a replica of the Old Man made out of 250 suspended glass panels and would allow visitors to enter the structure in order to gain views of the valley below. The design has received harsh criticism from the public, in part, Mr. Treves believes, due to the fact that quality images and accurate information about his design have been hard to come by. Replacing a beloved natural monument with a man-made one is sure to bring out emotions. Will a clearer understanding of the design help sway public opinion?"

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