Slashback: NIC, Dastar, Defects 217
Was it ahead of its time or vice versa? BreadMan writes "After limping along for years, the New Internet Computer (NIC) company finally went under. Founded by Larry Ellison, NIC sold a diskless workstation running Linux targeted at home users that wanted internet access. From the spec sheet it looks like this would be fun as a hacking platform if you can get one on the cheap."
Way to GNU! xarium writes "Seems that in response to pressure from the FSF OpenTV has released the source code to all of its compilers. You can download the full package here (~18meg)."
Because a hard drive should not be a rhythm section.
Dynamoo writes "As previously noted in Slashdot, Fujitsu MPG3xx series hard drives have been failing in huge numbers. The U.S. law firm, Shepherd Finkelman Miller & Shah is currently conducting a class action against Fujitsu and HP for knowingly distributing faulty drives. According the this article in The Register, Gateway has now been lined up as a defendant.
The fault appears to impact MPG3102AT, MPG3204AT, MPG3307AT and MPG3409AT units manufactured in early 2001. If you have one of these, then it has probably failed already, if not you should replace it asap. If you're a customer of HP/Compaq you can visit the HP Hard Disk Drive Replacement Program site.
We had about 40 of these things fitted to Compaq DeskPro EXDs, and I can assure you the failure rate is pushing 100%."
In the public domain, no one knows you're a dog.
smiff writes "United Press International reports on Dastar v. Twentieth Century Fox. Reversing lower court rulings, the Supreme Court unanimously ruled that Dastar did not violate the origin-of-work provision of the Lanham act. Dastar had taken public domain video, made some modifications, and sold it as its own product. Twentieth Century Fox sued claiming they should have been given credit for the video. According to Antonin Scalia, Dastar would have violated the Lanham Act if it had simply repacked the material and sold it as its own. But since Dastar made some minor changes, the Lanham Act doesn't apply.
While Dastar has been cleared under the Lanham Act, the Supreme Court sent the case back for a rehearing. The Fox video entered the public domain in 1977, but the book it was based on is still protected by copyright."
... or get off the pot. Brazilian Joe writes "The LinuxTag folks, as you may know, are responsible for a restraining order against SCO's claims in Germany. As a result, SCO has shut down its Germany web site. Story here."
Im glad I dont have a Fujitsu drive (Score:5, Funny)
Ahh, another class action lawsuit... (Score:5, Informative)
Wonder how this will turn out. My guess is the law firm will get some money, HP and Fujitsu will lose some money, but consumers will get almost nothing.
There have been a number of class action laws-uits I've noticed of late where the members of the class get little or nothing. Cases in point
-Best Buy gets sued by people who didn't understand the terms of it's extended warrenty. Best Buy settles, gives coupons for more crap at best buy to the members of the class.
-Salton (maker of the george forman grill) gets sued for price fixing. Settles. Money gets paid to health charities, consumers who theoretically lost money due to overcharges get nothing
There are a ton of similar cases.
Re:Ahh, another class action lawsuit... (Score:4, Interesting)
Usually, though, you're right; the consumers get cheaped off with a $5.00 check or a coupon for more defective crap. I suppose the idea is to spank the offending company hard enough that they'll think twice about cutting corners the next time. I wonder if that tactic ever works?
Re:Ahh, another class action lawsuit... (Score:3, Informative)
Re:Ahh, another class action lawsuit... (Score:2)
Jack is about what I would have expected, though.
Re:Ahh, another class action lawsuit... (Score:2, Interesting)
Re:Ahh, another class action lawsuit... (Score:2, Insightful)
Re:Ahh, another class action lawsuit... (Score:2)
Of *late*??? I am unaware of any time where this was not the case.
Best Buy gets sued by people who didn't understand the terms of it's extended warrenty. Best Buy settles, gives coupons for more crap at best buy to the members of the class.
I love that one. Anyone dumb enough to get the extended warranty probably isn't going to be smart enough to read the contract that comes with
Happy Meal Contract (Score:3, Funny)
I looked up the Happy Meal EULA on google and found: By opening this Happy Meal (tm), Grimace can come over and sleep with your sister whenever he wants.
Geez, Grimace. She's only 8.
Re:Ahh, another class action lawsuit... (Score:3, Informative)
In defense of class action (Score:2)
$50 per person doesn't sound like much, but take that times a hundred-thousand people and it will make an obvious mark on the books. Affecting the bottom line is pretty much the only way a consumer has a voice when dealing with a large and wealthy company. Even a little drop from the last quarter could
Re:Ahh, another class action lawsuit... (Score:2)
SCO's German Site Isn't Dead! (Score:5, Informative)
--Quentin
Re:SCO's German Site Isn't Dead! (Score:3, Funny)
Re:SCO's German Site Isn't Dead! (Score:2)
Re:SCO's German Site Isn't Dead! (Score:5, Informative)
Re:SCO's German Site Isn't Dead! (Score:2)
Re:SCO's German Site Isn't Dead! (Score:2)
Google GNews if very good at following stories. (Score:4, Informative)
I have bookmarked.... SCO [google.com]
Curiouser and Curiouser [google.com]
Stake [google.com]
WMD [google.com]
Anthrax [google.com]
Re:SCO's German Site Isn't Dead! (Score:2)
yes thanks for that bit of information.
I can't think of any website I would less like to visit than sco's german site.
Speaking of SCO... (Score:5, Funny)
So, got bandwidth? Mad at SCO? Want to learn more about their products and/or hear them talk? Last time they pulled the file when slashdot wanted to know how to administrate their Linux server. This time...
Download a 36.6mb ZIP from the SCO Authorized Eduaction Partner program from here [sco.com]
(for all you non-English speakers)
a 12.9mb Italian OpenLinux manual pdf from here [sco.com]
a 10mb Unixware administration pdf from here [sco.com]
a 7.9mb mp3 of a Caldera confrence call (May 2002) from here [sco.com]
a 4.2mb mp3 of a SCO confrence call from here [sco.com]
a 4.5mb vector image of the Caldera logo from here [sco.com]
OR
a 6.8mb SCO education Linux courseware pdf from here [www.sco.de]
***If you want to get these interesting files easier, you can also launch an unspecified number of wget processes. You can even -O
36.6mb: (removing the space in 'zip')
wget sco.com/images/pdf/education/SCO_AEP_posterfiles.
12.9mb:
wget sco.com/images/pdf/edesktop/edesktop_24_it.pdf
10mb:
wget sco.com/images/pdf/aep/UW7NET~1.PDF
7.9mb:
wget sco.com/images/pdf/06032002.mp3
4.2mb:
wget sco.com/images/pdf/q2.mp3
5.4mb:
wget http://www.sco.de/images/pdf/12-11-01.mp3
9mb:
wget sco.com/images/pdf/aep/OS5NET~1.PDF
4mb:
wget sco.de/images/pdf/unixware/946000000b.pdf
And, if you need their entire website for offline viewing... not wanting to waste bandwidth downloading things multiple times:
wget -r -l0 http://www.sco.com/
bittorrent? (Score:5, Funny)
-Peter
Re:bittorrent? (Score:2)
Re:bittorrent? (Score:2)
Re:bittorrent? (Score:2)
--delete-after doesn't leave much behind.
Re:Speaking of SCO... (Score:2)
oh PUH-LEASE (Score:2)
This is akin to trying to empty the coffers of the Texaco/Shell Oil Co by running around to every gas station you can find and jamming a rock in the little button thingy of the top-up-your-tires-air-compressor machine, and then turning on thei
Re:Speaking of SCO... (Score:3, Insightful)
and then "chmod u+x kill_sco.sh":
This will download their entire FTP site (to /dev/null of course).
Put it in a loop if you really want to hurt them:
Report back when the site's down. ;-P
Re:Speaking of SCO... (Score:3, Interesting)
(But damn, either every ISP is caching this, or they have the ballsiest servers ever. I'm not kidding, this stuff is coming down faster than damn near anything else I've ever downloaded.)
disregard this stupid joke (Score:5, Funny)
You should always use protection.
Re:Speaking of SCO... (Score:2, Funny)
while true; do wget http://www2.caldera.com/download_files/049-000-00
Unix Trademark & SCO (Score:5, Interesting)
Re:Unix Trademark & SCO (Score:2, Informative)
Good reason as in the other side violated the agreement, not as in "we think they're a bunch of bastards now."
Re:Unix Trademark & SCO (Score:2, Interesting)
Re:Unix Trademark & SCO (Score:2)
Yes! Imagine the inconvenience of actually learning awk!
Re:Unix Trademark & SCO (Score:2)
seriously.
no, seriously, find something better to do with your life.
and then do that.
the whole sco thing is played out.
Larry Ellison sounded the PC death too soon (Score:5, Insightful)
The NIC was part of this push... why use an expensive, power hungry computer system to accomplish what can be done with a much simpler system tailor made to the task?
Unfortunately, the flaw of this ideology is that resource consolidation that is provided by a computer is perhaps one of its biggest advantages. Not only does it let you browse the web, it lets you watch movies, listen to music, watch TV, play games, etc.
I don't see the PC losing out to single purpose devices any time in the near future.
Re:And... (Score:5, Funny)
It wouldn't be for everyone, but my dad would want one, and so would a whole lot of other people who didn't ever want to hassle with their computer. If you think about it, this is the direction that handhelds and cell phones are going, but who really wants to use a 2 inch screen for that? If the price was low enough, and the design was cool enough, it could be a hit.
Of course, now I've mentioned it on Slashdot, so there goes another business opportunity. Oh well, back to thinking up cool new porn site themes.
Re:And... (Score:3)
It's called an iMac. And, yeah, they did OK out of it.
Dave
Re:And... (Score:2)
Oh well, I'll take Funny. Any positive moderation is good moderation, right?
Re:And... (Score:2)
People don't want to buy a crappy device, when for a little more then can get a significantly better machine. For only a few hundred more you can get a relatively full featured machine.
Now if you could get a machine that would surf the net,
Re:And... (Score:2)
[...]
Now if you could get a machine that would surf the net, read email, and play DVDs and MP3s, for $150 then you have a winner.
The problem, AFAICT, is the accessories. At bare minimum, you'd need a CD burner (in lieu of disk drive) and a mo
Re:And... (Score:2)
The market for these things (IMHO) is DVD/MP3 (Vorbis) playback...casual surfing and email... and maybe PVR. The scary thing is how similar this is getting to a description of the microsoft homestation PC... grrr ok it should run Redhat... and if it costs more t
Re:And... (Score:2)
NIC (Score:5, Informative)
If you need a little terminal, get one, just add peripherals and network. I have 2 NCD Xterms on my netowork and an old 386 that has a boot rom(no moving parts in the system, quite silent) so adding another item to the boot on the network was nothing(PXE netowrk boot built into the unit) and it "just works". I have way too much running here as it is, so this unit does nothing other then random computations... I'm thinking of dropping a custom Mosix setup onto my systems in the near future(ah using my slow laptop, just run the program and it should deal with resources... I'll have fun setting that up)
These things(my version - older) have a 233Mhz processor, 64Megs ram, 4meg flashdisk, 10/100 network, 56k softmodem(drivers work), sound, usb and joystick, cdrom drive. Works great.
Anyway, enjoy!
the point was never to be able to do EVERYTHING (Score:2, Interesting)
The problem was a poor h/w design from the get-go and rush to manufacture that poor design. Couple that with shit production forecasts, you've got the makings of a major problem.
What most people don't know is that the h/w was upgraded to the Via Epia 733Mhz mobo and was smooth as silk. And the box was quiet because we didn't need fans anymore. We never got a chance to release it to the public. Hell, we
Re:NIC (Score:2)
Right. Got that out of my system. Thanks
I'll Enjoy!
Catch phrases (Score:4, Funny)
"Pulling a..."
Nope, just doesn't have quite the same ring to it as "Pulling a Deskstar."
Dubious statistical conclusions (Score:3, Interesting)
Nitpicking? Perhaps, but statistics are an important tool in lots of walks of life from politics to things that really matter like baseball. If the geeks can't use them correctly, what hope have we for the broader population?
Not so Dubious (Score:5, Informative)
Re:Dubious statistical conclusions (Score:4, Insightful)
Statistics be damned.
Several years ago, I noticed hard drives failing in Compaq Deskpro 2000 machines at my employer on a regular basis. The hard drives were all Quantum Bigfoot drives. Nearly every single drive failed before the PCs themselves were four years old. Compaq gradually got more and more difficult to deal with until the PCs were out of warranty and we were stuck with dead drives. I was even quoted in a GripeLine column in InfoWorld about my experience (although the columnist redacted the specific drive brand and model information I emailed him).
While my observations were not statistically valid, I nevertheless knew a machine I had running based on one of those drives needed desperately to be replaced before the drive failed and took our vital services with it. I had just finished transferring the last services from the PC to real servers on my network, shut the PC down and moved it to my lab when I discovered I couldn't get the PC to reboot ever again. Chalk up another dead Bigfoot, and I took it out of service not a moment too soon.
The Quantum Bigfoot drive problems I encountered made any IBM Deskstar fiasco look like peanuts in comparison.
Re:Dubious statistical conclusions (Score:2)
I have to say that Quantum always replaced them, no questions asked. And every Quantum harddrive of any other type that I've used has been good.
Re:Dubious statistical conclusions (Score:2)
Re:Dubious statistical conclusions (Score:3, Insightful)
40 is an excellent sample for measuring a trend in a population of 10000, if there's no correlating factor between the data points.
In this case, it sounds like all the hardware was bought on one order. This means all of the hard drives could have come on the same palette (and were accidentally dropped by Big Mike in the warehouse, whoops).
So calm down, you don't need to invest in 4-leaf clovers.
Holy Cow, read this from the NIC faq page (Score:5, Funny)
A:You shouldn't be losing any. The NIC will not function as a standalone computer so if a machine is stolen, the thief will soon discover that there is no market for the machine.
Uhhhm, no market? Well to me it feels like they are dooming their own device right there and then from the start...
Heh... (Score:5, Interesting)
Of course, they also contradict themselves by saying "you won't lose any, because it can't work by itself"-- think about this. If some crackheads break into your offices, they're gonna grab as many of these things as they can carry. I doubt one of them will go, "Hey, wait, these are NETWORK computers!" And once the crackheads find out the things don't work, they'll end up in a dumpster, a rvier, or some muddy vacant lot.
Of course, who's to say these things didn't come with window stickers that say "Computers will not work if removed from premises."?
Bottom line, if a computer gets stolen, whether it works or not once it's off your premises, it's probably gone forever. The only plus side is that since it's a network computer, your valuable data won't be taken out the door unless the crackheads make off with your server as well.
~Philly
Re:Heh... (Score:2)
OpenTV still doesn't get it (Re: Way to GNU!) (Score:3, Interesting)
They are still claiming that they are not willing to license the patents to you for purposes of making derivatives. This directly contradicts the GPL [gnu.org]that they link to.
By agreeing to use the GPL they also must agree to license any OpenTV patents (royalty-free) that might be part of the OpenTV SDK.
Re:OpenTV still doesn't get it (Re: Way to GNU!) (Score:2)
Re:OpenTV still doesn't get it (Re: Way to GNU!) (Score:2)
Now what happens if you extend the OpenTV code (covered by "free-for-all" patents i, j and k) to do something covered by OpenTV patents X and Y? Do you get a free license for X and Y as well? I think not. I suspect it is this case the (rather involved) legal statement is covering:
neither OpenTV nor the GPL licenses you [...] under any OpenTV patents that cover the Modifications and/o
OpenTV source code not downloadable? (Score:4, Informative)
Given that OpenTV was previously in breach of the GPL and therefore had had its rights terminated, that they're now distributing the GPL'd stuff indicates that they came to an agreement with the FSF and the the FSF restored their rights. Personally I think FSF should have leaned on them a little harder and insisted on online source distribution before agreeing to restore rights, but that's just me. I do hope someone gets the source distribution and puts it up for download somewhere.
Re:OpenTV source code not downloadable? (Score:5, Interesting)
Source code is provided in that 18 meg zip file.
They ALSO will send you a CDROM with the source for a small fee.
Hooray for Hypocrisy! (Score:3, Interesting)
If it were anything other than SCO and Linux, this site would be condemning the decision and lamenting the loss of free speech rights.
I have noticed the distressing fact that people are only willing to apply the protection of free speech to the speech that they agree with.
Re:Hooray for Hypocrisy! (Score:5, Informative)
Re:Hooray for Hypocrisy! (Score:4, Insightful)
There are a number of exceptions to the First Amendment liberties (and their international equivalents). For instance, "fighting words", slander, libel, "yelling fire in a crowded theater," (some types of) pornography, and so forth.
Thus if SCO wishes to cast FUD upon the Linux community, without providing any concrete evidence in support of their accusations, thereby harming the commercial prospects of their competitors, then I think it is perfectly appropriate for them to be enjoined against such behavior by the courts.
It's a simple request, really: Either substantiate the accusation or withdraw it. The same could be required of a newspaper, tabloid, or political candidate that wished to claim, i.e., that some competing political candidate had been a member of a white supremacist movement in his youth.
-renard
Re:Hooray for Hypocrisy! (Score:2)
Hypocrisy my ASCII (Score:4, Interesting)
Free speech never has included the blatant harassment of people or corporations, nor does it give person a license to slander or commit liable.
I could say, "Linux sucks". This is free speech. While I don't believe it does suck, it's far too subjective to be considered correct or incorrect. A statement like that does no harm in it self, and doesn't require quantifiable evidence.
I can also say, "Bill Gates is a foofoo head". This is protected under free speech. The statement does no harm in it self, there is no need to defend it by actually defining what a foofoo head is. foofoo - noun. see bill gates the foofoo head.
I can say, "SCO sucks because I have to license every trivial aspect of the OS including TCP/IP". This would be a true statement, while SCO might be offended at the fact I stated that it sucks, this is not the norm. With Solaris, BSD, and Linux out there, it does indeed suck the fact that you have to pay license fees for the SCO product in anyway.
But SCO can not order companies to stop using Linux based under the assumption they own some piece of IP in it without establishing first their ownership. If they owned the property, then they could. But as it was shown in a German court they can't prove that, then they can not. This amounts to no less then extortion and deformation of character, both of which free speech does not protect. No more then I can say, "You stupid motherfucker" unless I happened to be speaking to Edipus.
There is a big difference between opinion and fact. SCO presented information as a fact, and demanded something in return.
It's not like the website was shut down without cause, but the issue was brought to court because of the issues of criminal extortion and deformation of Linux as a legitimate product. If they left it as an opinion, it might be protected under free speech. And you just can't do that. You can't make statements that damage people that simply are not true.
Re: Hypocrisy my ASCII (Score:2)
This would be true only if "motherfucker" were commonly understood to mean that you did, in fact, have carnal relations with your mother--which, of course, it isn't. Similarly, if I were to say "zakezuke is an asshole", you wouldn't be able to sue me for libel on the basis that you are not, in fact, an anus (nor on any other basis, as that would also be a protected expression of opinion). Both terms (as well as
Re: Hypocrisy my ASCII (Score:2)
Scene 1: Man walks up to you, says you are a stupid motherfucker, and you punch him in the nose. This can be defended by the person commiting the assult because of the use of fighting words. In this context motherfucker is percieved as a derogority insult designed to harass someone.
Scene 2: Man walks up to Edipus and says he's a stupid motherfucker. Edipus realizes that he can't punch the guy in the nose cause it's a true statement, so scratches his
Running Linux (Score:2, Informative)
Please contact HP at the following:
United States: 1-800-575-3756
Well there's the problem, (Score:5, Funny)
"...there is no market for the machine."
More on SCO, Novell, copyrights and patents (Score:5, Informative)
Re:More on SCO, Novell, copyrights and patents (Score:3, Interesting)
Ahh, but the point of the article is that the contract is much more complicated than this. People will read your post and think "see, there, SCO does not own the IP, there is no case." But the article goes to great lengths to show that SCO may have the right to ENFORCE the copyright even if they don't have the copyright itself. This admittedly seems odd, but I don't see why it wouldn't be possible, in which case SCO would be
I have one of ThinkNICs (Score:5, Interesting)
But as a computer it is fairly bad. The video is the worst offender - it uses shared RAM, and there are streaks all over the screen if some serious computations are performed (I tried to run distributed.net on it and gave up.)
The box is also abysmally slow, so much that it is basically unusable. As a browser... sure, it might just work - but who needs just a browser?
In any case, the box works for me as a player just fine, and I am glad that I have it. But it is also good that I found the right use for the thing... otherwise it would have been a total write-off. Don't buy one unless you know how you can use it.
Bang for your buck... (Score:3, Interesting)
> As a browser... sure, it might just work - but who needs just a browser?
Agreed. For $300, I'd rather put it towards a low end dell. I've seen Dell's Dimension 2350 as low as $314 on the bargain sites (after rebates and coupons) with free shipping that more than double its features [thenicstore.com]. Even HP/Compaq has a a 2GHz system for $349 AR (shipping not free, though). These are fully functional computers, people.
I Demand Retribution! (Score:3, Informative)
I said this two weeks ago and all I got was modded down [slashdot.org] :(
Re:I Demand Retribution! (Score:2)
Don't worry. Be happy.
IBM on SCO's list of partners (Score:2, Funny)
On hacking NICs (Score:5, Interesting)
It was more fun to hack the platform itself. For those not in the know, the NIC basically ran a highly customized Linux distro (seemed to have parts of RedHat, Debian, and others from what I could tell), all wrapped with a minimal window manager (enlightenment iirc), and Netscape as your entire front end. The whole thing booted off CD-ROM, and came with a 4mb flash drive to store configuration changes, bookmarks, etc. A nice handy web/email/irc box for grandma, or public access kiosks, or what have you. Oh, and before anyone asks, a stock Knoppix distro refused to run on it - at least when I tried it.
Now, the interesting part were some of the apps you could launch from it - telnet, and several other xterm-wrapped applications. Pretty powerful machine, all things considered - but there is NO command shell option. So of course, let's get one:
As I said, the distro it comes with is highly custom, a LOT of standard binaries aren't even on the CD, and it's been stripped to the essentials. But of course, we have our good friend Bash, just not direcly reachable. Easiest way I found was to escape out of a telnet session. Now, when you run its telnet client, you have a pop-up window asking you the hostname and port. This gets passed direcly to the telnet binary and ran. The designers actually went to the trouble to block the space bar being hit within this window (tricky devils! I'm sure some of you see where I'm going here), so we'll just use some copy & paste to have -e passed along with the hostname. This gives us an escape character within the telnet application itself, which (ta-da!) gives us a nice shell.
The fun part was trying to get some power. You're running as a pretty unprivledged user here, but hey! No shadowing of passwords! In any event, I got lazy and Googled a bit. No word of a lie, the root password on every last NIC that I've touched is (hard-coded on the CD, of course) "4getit". Clever, no?
Moral of the story: good thing these boxes never took off as public terminals. Takes about 30 seconds from boot to get root, and yes, the 4mb flash drive is just large enough for fun things like NetCat
Re:On hacking NICs (Score:3, Funny)
I was going to point out that that was probably the first time anybody had ever used 'minimal window manager' and 'enlightenment' in the same sentence. I was wrong, AltaVista (since Google doesn't support the 'near' keyword) says [altavista.com] it's the second. Of course, the first time was the sentence "blackbox is a minimal window manager where enlightenment is a full featured window manager"...
Knoppix runs on it fine. . . (Score:2)
But you have to upgrade the RAM, which means moving the cdrom drive, which means (at least it did for me) cutting through metal so you can move the cdrom 90 degrees around. After that, though, knoppix ran fine.
The truth is out there! (Score:3, Informative)
What is the difference between the Open UNIX 8 and Linux kernels?
Both operating system kernels have the Linux system call interface. We have added the Linux kernel functions into the Open UNIX 8 kernel. The implementation of the system calls inside the UNIX kernel is different from the Linux kernel implementation. In some cases, the UNIX implementation provides better scalability, reliability, and performance than the Linux kernel.
French Russian SCO Summit!!! (Score:4, Funny)
after the SCO summit and the series of major international meetings in St. Petersburg and Evian
What do you want to bet that the German court's attempt to shut down the SCO website was just a smokescreen to hide the fact that they are involved as well.
I bet you that Evian water is designed to sap and impurify all of our precious bodily fluids [filmsite.org]!!!
Oracular NIC crap (Score:5, Funny)
Oracle8 - A Beginner's Guide by Abbey and Corey (1997) contains the following about NICs:
OT, but still amusing:
And finally, we have a section title that's about as far from the truth as you can get:
Fujisitu/IBM DeathStar (Score:4, Interesting)
Re:Fujisitu/IBM DeathStar (Score:2)
Re:Fujisitu/IBM DeathStar (Score:2)
Good l
That's not how I read Dastar.... (Score:5, Informative)
Dastar was accused of "reverse-passing-off", or selling a product made by someone else as their own, as if a Coke distributor filled Coke bottles with Pepsi and sold it as Coke. Under traditional interpretation of the Latham act (which was accepted by the Court) this is as prohibited as "passing-off", or selling their product with someone elses trade-mark on it. Both are misrepresenting the "point of origin" of the product.
The court ruled that the "point of origin" provisions of the Latham Act could not be construed to apply to the authorship of a copyrightable work.
Scalia pointed out the double-edged result of a contrary result: If Dastar had simply repackaged and resold Fox's tape series without modification, Fox could have sued them for "passing off", but if they relabelled it and didn't credit Fox, Fox did sue for "reverse-pasing-off".
Passing off someone else's copyrightable work as your own is "plagiarism", and covered by copyright. Scalia also asserted that allowing the Latham act to protect against plagiarism would, in effect, allow the Latham Act to effect a perpetual copyright, which is forbidden to it.
Fox lost the original copyright when it didn't renew it; they make no claims otherwise. Therefore, the Court rules, Fox has no claim against plagierism.
All Supreme Court cases, if the lower court is overturned, are remanded to the lower court "for further proceedings consistant with this opinion". This is boilerplate. The Supreme Court doesn't make the final decision on the case, they just answer narrowly tailored questions of law -- upon which the case usually hangs.
The kicker with this case is that it is unknown if the copyright on the original book is still valid. The copyright was renewed as a "work for hire", but the original author took tax advantages for the book as if he hadn't been hired to write it. Dastar may still be on the hook for these videos.
Re:That's not how I read Dastar.... (Score:2)
It is plagiarism to present someone elses work as your own, even if that work is in the public domain.
Plagiarism isn't illegal, it is unethical in some cases, such as journalism and academia, but that doesn't make it illegal.
Re:That's not how I read Dastar.... (Score:2)
Novell / fiaSCO purchase agreement (Score:3, Interesting)
Even thought the IBM is about contractual considerations this is good new for Linux, as it looks like SCO indeed do not own the IP.
For the ones that watches PBS and Chalie Rose, Note that he has David Boies as guest tonight plus Andy Groove by the way.
Hopefully Charlie will ask Boies about IP terrorism, at least I send him an email asking him to.
Bye bye NIC (Score:2, Informative)
In any case, some months ago he quit because Larry basically gave up on NIC and put it in the hands of investors or someone like that. The employees were given the shaft, and the company was (even more) mismanaged from that point on. He quit as a protest.
Seems like it could have been a great company with a great product if it had been given just a little more
Who was your friend? (Score:3, Informative)
Corporate EULA for SCO??? :) (Score:4, Funny)
In the article found at news.com [com.com], McBride is quoted.
Sounds as if SCO got the corporate equivalent of a EULA.
How IBM almost died (Score:2)
When the '286 came out, IBM came out with the AT. It was less compatible with the XT than most other clones, but it had a worse problem. The hard drives often died after a few months.
Problem is, the AT came with a 60 or 90 day warrenty.... Just short enough
Article about the Novell and SCO deal (Score:5, Funny)
The most interesting line from it:
Maybe the same way you buy software and not be allowed to sell it again?Any Practical Value In OpenTV Code? (Score:2)
Aside from the fact that OpenTV is trying to resolve a legal issue, is there anything interesting in the code? I mean, is it just gcc and some *NIX utilities ported to their hardware, or is there actually something new and different about it? Aside from this legal stuff, I've never heard anything about OpenTV. "Interactive TV" has been a buzzword for years...
...way, way, back in the mid 80s when scrambled UHF was still a hot thing (oh the joys of being a 12-year old boy catching glimpses of boobies thr
Re:Any Practical Value In OpenTV Code? (Score:3, Informative)
My DishNetwork receiver has OpenTV on it, and I can't find a use for any of the services they offer, epecially at the additional charges associated with some of the stuff.
1. Instant weather: Uh... I have The Weather Channel, plus the internet
2. Games. The games you can play on a set-top box with an infrared remote made for a TV set are LAME. They charge like $5/month for the games service. A ripoff.
3. Customer support. You
NIC (Score:2, Interesting)
Re:Rest in peace!!! (Score:4, Informative)
Oh well. That's the way it goes.