you say you've looked into it for yourself. well, congratulations. maybe you should also consider the possibility that you don't actually understand a fucking thing about climatology. The only thing reputable science doesnt agree on is the timescale of global warming, so hey, maybe you won't live to be proved a moron.
"seems to have outlawed parodies" is a little harsh. decided to err on the side of taking down parodies not likely to stand up to suit under a fair use defense, sure. the downfall vids would likely not be able to muster a strong fair use defense, as their commentary was not about The Downfall, but usually either in comparing some other social figure or movement to hitler, or making fun of hitler. legally a parody must be in some way a parody of the original, not just the ideas. Artistically, i think this is really stupid, but its how the courts have been interpreting the law.
Well, yeah, but its way funner to rant about how google is evil and ignoring fair use without understanding what is and is not fair use.
2) With all due respect, you're probably knee-jerking anyway. From my experience working in usability, when people say phrases like "nearly unbearable" without any solid reasons to dislike it, they're just reacting out of habit. People hate change. But that says nothing about the quality of the product.
haha, there *may* have been some hyperbole in there. ok, there obviously was. mainly its a sort of low level feeling that i'm being disrespected. At the atlas-buddies' urging, i used bing for a week, and just got sick of having to bully it into giving me what i wanted every time. the tendency of bing to give precedence to links selling me things rather than informing me about things got old.
I'm well aware that i'm not exactly in the majority with the paid search click-through and i wholly understand that it facilitates my preferred search engine's existence. I dont watch commercials on tv, either. shrug.
Yeah, I think part of my problem with this is the blending of the paid search and user experience arguments. I've got a couple buddies at atlas who can go on about attribution for longer than is really credible, but dont seem to understand my 'but the actual search experience on bing is nearly unbearable to me' response. I know (from getting almost immediately lost when they get into the behind the scenes workings of it on their end) that the intricacies of paid search are more complicated than i really have a handle on. However:
I rarely if ever click on a paid link, and cannot think of any instance off the top of my head where a paid link looked more appropriate than one of the top organic search results. I occasionally see a word or two in a paid link that might have improved original search - so i refine my search.
Search is a very strange business to be in. the user and the customer aren't the same person. I will use which ever search engine gives me the best results, not which ever one has the least sleazy billing method for paid links. Really, it strikes me that Search is itself a sleazy business, insofar as it necessarily can only make money by enticing the user to click not on the result it deems to be the most relevant to the user's search criteria, but rather to the result that has paid to be displayed in conjunction with the user's search criteria.
I love my buddies at Atlas dearly, but I'm not their customer, and as such, that they provide better service and value to their customers than google really couldnt concern me less. I find Bing's search engine inferior.
They can also inflate their inventory's value by taking advantage of the fact that the majority of people use their search engine like a URL bar.
Is this google's business model, or is the the general public being stupid with browsers, and in what way is this unique to Google? What about bing will make my internet illiterate (i still can't convince him that he doesnt need to double-click links) father decide that, unlike the google search pane in firefox, the bing search pane in IE isn't for entering urls?
nothing. obviously. and as Bing corners the market on people not internet skilled enough to know better, i have a feeling that this particular behavior will tend to skew toward it over Google.
No, Psystar didn't claim that they were shipping computers with unmodified copies of OS X. They were up-front about the fact that they were adapting OS X to run on the machines they sold.
actually, yes, they did. read their answer on groklaw. they liken what they did to swapping internet browsers, something clearly not part of the core copyrighted work. they explicitly deny that their modification was of apple's copyrighted work, or at least that if they are guilty than so is mozilla and any other company writing 3rd party software that replaces functionality bundled with the operating system.
The right to distribute this particular type of derivative work -- an adaptation made to run OS X on a particular machine -- is affected by 17 USC 117. (Fair use is irrelevant to this case.)
It is affected, but not permitted, by 117. 117a(1) provides for the essential step allowance for adaptation of a computer program. 117b allows the resale of those adaptations only with the authorization of the copyright owner. Pystar did not obtain apple's authorization, their behavior was infringement as a matter of law, as reflected by summary judgment.
First, it's not merely fair use (which is vaguely defined in law, and in practice defined by the courts)
actually its not that its vaguely defined so much as it is itself vague by nature. It is inherently a balance between contrary interests that must be evaluated on a case by case basis. Congress amended 117 in 1998, to its current form, setting out what are essentially fair-use exceptions. Unlike with art, however, the uses of computer programs excepted can be very narrowly defined, as they are in section a.
you can have a company like Psystar adapt it for you. Indeed, I see no reason why you couldn't buy the computer and the OS from that same company, and have them patch it after you pay but before they ship it to you. Psystar lost apparently because they did this in the wrong order
here we agree. a business model where pystar is facilitating the end-user modifying his or her own copy of OS X seems like it should pass muster.
by altering copyrighted code, pystar has created a derivative work, and the right of the copyright owner to distribute derivative works is not affected by fair use. Given that modification of software if it is necessary in order to use it is fair use for a non-distributing end-user, it may be that some future hackintosh business can exist if it merely facilitates the end-user making the modifications themselves.
This is not what is happening with Pystar. Pystar is creating a new work, modifying Apple's copyrighted code, and distributing it without their permission. To be clear, 117(a) is concerned with the making of additional copies by the owner of a copy, 117(b) is concerned with transfer of these copies. copies of copies may only be transferred with the original copy, as a part of the original owner transferring all of his ownership of that copy. Modified copies may not be transferred except with the permission of the copyright owner, in this case, Apple. On this point, Pystar's only defense is arguing that what they do to OS X isnt actually a modification, which they made in their response to motion for summary judgment. It strikes me a ludicrous to compare tinkering with the inner workings of the OS and how it boots to swapping out internet browsers. One is clearly part of the internal workings of the OS, the other is an end-user applications running on the OS. I think it likely that infringement will be found as a matter of law on summary judgement.
This is not a question of direct transfer of a copy though. Pystar modifies OS X in order to make it run on its hardware. you say this is allowable under the 'necessary step' exception. It is not. The courts have allowed modification under 'necessary step' for correcting bugs, and for ensuring a piece of software will work on upgraded systems. 17 USC 117 (b) however, prohibits the transfer of such modified copies without the authorization of the copyright owner. This is designed to preserve the copyright holder's right to produce derivative works. what pystar is doing is analogous to buying copies of a book, unbinding it, replacing the first chapter with one they wrote, rebinding it, then selling it as the original work. Apple has not authorized Pystar to transfer the modified copies of OS X, therefore 17 USC 117 is not a defense.
"It's the best thing since professional golfers on 'ludes." -- Rick Obidiah