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Comment: Re:Linux? (Score 1) 145

by gmack (#47353131) Attached to: Microsoft Suspending "Patch Tuesday" Emails

Have you actually read the law? This seems like a ton of FUD.

At any rate some Canadian companies have behaved horribly when it comes to email. I have had problems with companies refusing to change a mistyped email address unless I was the confirmed (with security questions) account holder and some not even bother to check if the recipient mail server even accepted the message for over a year.

Comment: Re:Key Point Missing (Score 2) 34

by NewYorkCountryLawyer (#47234405) Attached to: Appeals Court Finds Scanning To Be Fair Use

The summary misses a key point. Yes they scan and store the entire book, but they are _NOT_ making the entire book available to everyone. For the most part they are just making it searchable.

Agreed that it's not in the summary, but as you correctly note, it's just a "summary". Anyone who reads the underlying blog post will read this among the facts on which the court based its opinion: "The public was allowed to search by keyword. The search results showed only the page numbers for the search term and the number of times it appeared; none of the text was visible."

So those readers who RTFA will be in the know.

+ - Appeals Court finds scanning to be fair use in Authors Guild v Hathitrust

Submitted by NewYorkCountryLawyer
NewYorkCountryLawyer (912032) writes "In Authors Guild v Hathitrust, the US Court of Appeals for the Second Circuit has found that scanning whole books and making them searchable for research use is a fair use. In reaching its conclusion, the 3-judge panel reasoned, in its 34-page opinion (PDF), that the creation of a searchable, full text database is a "quintessentially transformative use", that it was "reasonably necessary" to make use of the entire works, that maintaining maintain 4 copies of the database was reasonably necessary as well, and that the research library did not impair the market for the originals. Needless to say, this ruling augurs well for Google in Authors Guild v. Google, which likewise involves full text scanning of whole books for research."

Comment: Re:Umm, no (Score 3, Informative) 323

by gmack (#47201685) Attached to: iOS 8 Strikes an Unexpected Blow Against Location Tracking

RTFA, It only randomizes on scan and goes back to the original MAC address when it connects.. You are correct that it is easy to change the MAC address, but that doesn't change the fact that randomizing the mac address on connect would break things like DHCP reservations or MAC based white lists.

Comment: Re:Really? (Score 3, Interesting) 255

by gmack (#47149565) Attached to: A Measure of Your Team's Health: How You Treat Your "Idiot"

Agreed. I have seem some devs treated badly who turned out to be pretty good developers once people stopped treating them like crap. I also had one kid fresh out of university who needed some hand-holding for his first few months while he gained some experience and gained some self esteem who turned out to be a one of the best programmers I've ever worked with.

Comment: Re:Many users won't be back (Score 2) 516

by gmack (#47149133) Attached to: Microsoft Won't Bring Back the Start Menu Until 2015

I am thinking that has more to do with the massive advertising/FUD campaign they were running. When I was in Spain, for several months the Metro (subways for you Americans) were covered with ads for the Nokia phones and I had friends tell me that they bought the Nokias because the sales reps at the store told them that Android had a virus problem. Now the campaigns have been cut back so the sales dropped right off.

+ - Councilman/Open Source Developer submits Open Source bill->

Submitted by NewYorkCountryLawyer
NewYorkCountryLawyer (912032) writes "New York City Council Member Ben Kallos (KallosEsq), who also happens to be a Free and Open Source Software (FOSS) developer, just introduced legislation to mandate a government preference for FOSS and creating a Civic Commons website to facilitate collaborative purchasing of software. He argues that NYC could save millions of dollars with the Free and Open Source Software Preferences Act 2014, pointing out that the city currently has a $67 million Microsoft ELA. Kallos said: "It is time for government to modernize and start appreciating the same cost savings as everyone else.""
Link to Original Source

Comment: A little late, but welcome (Score 1) 136

by NewYorkCountryLawyer (#47119749) Attached to: Federal Court Pulls Plug On Porn Copyright Shakedown
A cynic might argue that the key difference in this case was that, for a change, the ISP's, and not merely defendants, were challenging the subpoenas; but of course we all know that justice is 'blind'.

An ingrate might bemoan the Court's failure to address the key underlying fallacy in the "John Doe" cases, that because someone pays the bill for an internet account that automatically makes them a copyright infringer; but who's complaining over that slight omission?

A malcontent like myself might be a little unhappy that it took the courts ten (10) years to finally come to grips with the personal jurisdiction issue, which would have been obvious to 9 out of 10 second year law students from the get go, and I personally have been pointing it out and writing about it since 2005; but at least they finally did get there.

And a philosopher might wonder how much suffering might have been spared had the courts followed the law back in 2004 when the John Doe madness started; but of course I'm a lawyer, not a philosopher. :)

Bottom line, though: this is a good thing, a very good thing. Ten (10) years late in coming, but good nonetheless. - R.B. )

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