writes: John C. Dvorak muses over the current state of Vista and he isn't very optimistic. Still, his biggest grip seems to be price and not the other problems that Vista has.
Link to Original Source
Microsoft has extended the life of Windows XP because Vista has simply not shown any life in the market. We have to begin to ask ourselves if we are really looking at Windows Me/2007, destined to be a disdained flop. By all estimates the number of Vista installations hovers around the number of Macs in use.
How did this happen? And what's going to happen next? Does Microsoft have a Plan B? A number of possibilities come to mind, and these things must be considered by the company itself.
writes: A federal judge in Tampa, Florida, has ruled that an RIAA defendant's counterclaim against the record companies for conspiracy to use unlicensed investigators, access private computer records without permission, and commit extortion, may move forward. The Court also sustained claims for violations of the federal Computer Fraud and Abuse Act as well as a claim under Florida law for deceptive and unfair trade practices. The decision (pdf) by Judge Richard A. Lazzara in UMG v. DelCid rejected, in its entirety, the RIAA's assertion of "Noerr Pennington" immunity, since that defense does not apply to "sham litigations", and Ms. Del Cid alleges that the RIAA's cases are "sham".Link to Original Source
writes: Linux might have WINE (Wine is Not an Emulator), but Windows now has the automated wine bar, known as the MyFountain. The device, which contains an 'embedded PC' running Windows XP Embedded, is meant for both home and institutional users. It can automatically pour hot, cold, and both alcoholic and non-alcoholic beverages, and some models will feature a 'wine preservation system' that allows wine to be dispensed by the glass without spoiling. It checks IDs too, thus keeping the kiddies away from the good stuff.
writes: From Wired News, In a surprising turn for the Spectrum auction, the FCC have stated that the minimum bid for the C-block spectrum being offered in the auction will be $4.6 billion, which coincidentally was the amount that GOOG fronted as a minimum bid to endorse certain open standards for the spectrum being sold.
It is essentially a move to shut out smaller possible competitors while also maximizing the money the auction will generate for the grade-A areas of the spectrum. In addition, any single bidder wishing to purchase the entirety of the spectrum must front a minimum of $10 billion.Link to Original Source
writes: A judge overturned verdict against Microsoft ruling that the company had not infringed on two digital audio patents claimed by Alcatel-Lucent. The judge said that Lucent didn't hold exclusive IP rights to the MP3 format. Microsoft and other companies have been paying licensing fees for this. "The great thing about a verdict like this is it removes a cloud over the entire industry," said Jonathan Potter of the Digital Media Association trade group.
http://www.marketwatch.com/news/story/15-billion-p atent-verdict-against/story.aspx?guid=%7B020059D1- 1820-4BE8-AE0D-655DBE5CBD35%7DLink to Original Source
writes: Customs officials have raided over 30 targets to root out modchips as a violation of the DMCA. They laughably allege that running pirated copies of games is the only reason to have a modchip for.Link to Original Source
writes: The Seattle Times is reporting thisstory about the ASCAP going after local establishment owners for allegedly not paying music royalties. From the article, it sounds like the ASCAP group has "agents" listing in on what the bars are playing over the speakers:
Link to Original Source
A Seattle restaurant
is among more than two dozen venues swept up in a music-licensing crackdown for allegedly failing to pay royalties to play copyrighted music in public. Without a special license, owners of bars, clubs and restaurants could be sued for playing any one of 8 million recorded songs, even from their own CDs. The American Society of Composers, Authors and Publishers
) says that equates to performing copyrighted music without permission, and the group is going after local businesses that haven't paid them for the privilege.
writes: Music suit creates discord
A Seattle restaurant is among more than two dozen venues swept up in a music-licensing crackdown for allegedly failing to pay royalties to play copyrighted music in public. Without a special license, owners of bars, clubs and restaurants could be sued for playing any one of 8 million recorded songs, even from their own CDs. The American Society of Composers, Authors and Publishers (ASCAP) says that equates to performing copyrighted music without permission, and the group is going after local businesses that haven't paid them for the privilege.
I don't understand why Musicians continue to let these bastages pull this kind of crap. How do they think people decide to buy their music, go to their concerts, etc? Do they think we walk into a music store and say "Wow, cool cover art, I'll buy that CD!" even though I've never heard of the artist, nor heard any of their music before? I think they're lucky they aren't being subjected to the same mafia strongarm tactics that their fans are. Wonder how they'd like being coerced, threatened, sued, and terrorized into paying the bars, resturants, radio stations, and anyone else that provides free advertising for their music. They should be grateful to have their music played and heard by as many people as possible, which has a direct correlation to how much money they will make in CD and ticket sales. What's the point of being a musician if no one ever hears your music? And for those musicians that are only in it for the money, if no one ever hears it, who do they think is going to buy it?