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Comment Re:Actually 3rd point was agreement with trial jud (Score 1) 23

Actually whoever the new guy is, I don't find the site to be "improved" at all; seems a little crummy. The story was butchered and incorrectly interpreted, and the all important software for interaction seems less interactive.

But what do I know?

As to my absence I've been a bit overwhelmed by work stuff, sorry about that, it's no excuse :)

Comment Actually 3rd point was agreement with trial judge (Score 4, Informative) 23

The story as published implies that the ruling overruled the lower court on the 3 issues. In fact, it was agreeing with the trial court on the third issue -- that the sporadic instances of Vimeo employees making light of copyright law did not amount to adopting a "policy of willful blindness".

Submission + - Appeals court slams record companies on DMCA in Vimeo case

NewYorkCountryLawyer writes: In the long-simmering appeal in Capitol Records v. Vimeo, the US Court of Appeals for the 2nd Circuit upheld Vimeo's positions on many points regarding the Digital Millenium Copyright Act. In its 55 page decision (PDF) the Court ruled that (a) the Copyright Office was dead wrong in concluding that pre-1972 sound recordings aren't covered by the DMCA, (b) the judge was wrong to think that Vimeo employees' merely viewing infringing videos was sufficient evidence of "red flag knowledge", and (c) a few sporadic instances of employees being cavalier about copyright law did not amount to a "policy of willful blindness" on the part of the company. The Court seemed to take particular pleasure in eviscerating the Copyright Office's rationales. Amicus curiae briefs in support of Vimeo had been submitted by a host of companies and organizations including the Electronic Frontier Foundation, the Computer & Communications Industry Association, Public Knowledge, Google, Yahoo!, Facebook, Microsoft, Pinterest, Tumblr, and Twitter.

Comment Re:Righthaven (Score 1) 67

What is right wing about filing a lawsuit to unmask a doe, suing that person, then settling for a much smaller amount. It seems this is used by many different trolls, and likely doesn't have any political ideology behind it. It is sleazy though. Filing a lawsuit with the intention of settling just to get a payout is wrong. It is short circuiting the justice system for personal profit.

Yeah that's neither right nor left, it's the universal language of greedy bloodsuckers.

Comment Re:Righthaven (Score 3, Interesting) 67

What is right wing about that process? The Democrats support the movie industry, not the Republicans.

The fact that Democrats support something doesn't negate the possibility of something being right wing. The Democrats are not ideologically pure, or ideologically homogenous, and very few of them can be considered "left".

To me, pretending that copyright is only about property rights, and ignoring the fact that copyright was also supposed to be about free speech and about making material available for free to the public after a limited time, is definitely "right wing".

Comment Re:DMCA needs to die (Score 1) 67

This has nothing to do with the DMCA, this is a straight out copyright infringement lawsuit being filed. The real problem is that the methods the copyright holders (or the copyright enforcement goons acting on their behalf) are using to identify torrent users aren't good enough and its good to see at least one judge willing to call these enforcers out on it.

Exactly. Would have been nice for judges to start doing this 11 years ago, but glad they've come around.

Submission + - All Malibu Media subpoenas in Eastern District NY put on hold

NewYorkCountryLawyer writes: A federal Magistrate Judge in Central Islip, New York, has just placed all Malibu Media subpoenas in Brooklyn, Queens, Long Island, and Staten Island on hold indefinitely, due to "serious questions" raised by a motion to quash (PDF) filed in one of them. Judge Steven Locke's 4-page Order and Decision (PDF) cited the defendant's arguments that "(i) the common approach for identifying allegedly infringing BitTorrent users, and thus the Doe Defendant, is inconclusive; (ii) copyright actions, especially those involving the adult film industry, are susceptible to abusive litigation practices; and (iii) Malibu Media in particular has engaged in abusive litigation practices" as being among the reasons for his issuance of the stay.

Comment Re:And all they wanted was a faster horse (Score 1) 732

That may be, but this is specifically a fighter plane. A plane designed to dogfight.

Wrong, for two reasons. Firstly, the F-35 is designed as a multirole aircraft: the F-22 is a pure air superiority fighter, but the F-35 is supposed to be able to look after itself in the air and hit ground targets too.

The "look after itself in the air" would seem to agree with my assertion that one of the metrics for which it was designed was aerial combat. I did not say there were not others. The F-35C adds carrier landing and storage. If it is really bad at that you can't excuse it away with, "but it's a multirole aircraft, so it should be judged only as a FB, even if it splits apart on deck when it catches a hook." For one thing, single flight planes get *really* expensive.

Sure it's a multirole aircraft. In fact, each type has a different focus. But one of the roles it is currently intended to fill *is* aerial combat. But I disagree that it will necessarily be bad at it forever. These airframes can sometimes see a lot of changes over their lifespans. And if it is, it still will likely be useful. Look at the B-1B conventional munitions conversion: aircraft do shift roles as needed.

Comment Re:And all they wanted was a faster horse (Score 1) 732

What you're saying is it's a bad tool for dick measuring games like Russia with its bombers or Greece and Turkey with their US provided fighters play? Well that I agree, it might hurt the exports if F16s beat it at it.

And tsotha already answered but I believe it's worth repeating: it's not a fighter. It's a design-by-committee everything plane.

I didn't say it's a bad tool, and I don't think we really see the final iteration of the concept, so the problems today aren't what the problems with it will be in 15 years. They will be different and exciting new problems. But it'll likely serve well.

I almost dropped in the multipurpose/multibranch aspect, but I was addressing specifically the assertion that it is stupid to be judged as an aerial combat plane. It is an aerial combat plane by designation and it is designed to fill that role. As has been pointed out several times (which quite gratifies me; there are some smart folks here), it is a multirole aircraft that has the primary designation of fighter, but it certainly isn't *only* a fighter.

But it is indeed questionable to say aerial combat is *not* a role it is intended for. Multirole does not preclude the metric, it merely adds more criteria for the aircraft. The person to whom I was responding was saying that it was ridiculous to judge it's merit in that role. You might as well say that the F-35B should not be judged as a military craft as it has the role of a VTOL aircraft, so it's moot if it can carry munitions. Sure the F-35 series is also FB, but it *is* designed for an aerial combat role *as well*.

Comment Re:And all they wanted was a faster horse (Score 1, Interesting) 732

I disagree that dogfighting is relevant in modern warfare, at least with USA as one side.

That may be, but this is specifically a fighter plane. A plane designed to dogfight. That is the metric upon which it is being judged here.

Similarly, an ICBM is a poor tool to handle smugglers off the coast of the US. You can judge the concept of a fighter plane as irrelevant in 2015-2037 (the period over which they are being delivered), but your initial statement, "Why is dogfight a parameter in assessing 5th generation plane?" can be simplified down to, "Why is aerial combat a parameter in assessing a plane intended for the role of aerial combat?"

The answer to that simplified question is: Because that's the slot of functionality it is intended for.

But you probably meant to ask, "Why are we making 5th generation fighters anyway?" That's a good question, but I'd suspect that the answer is primarily because they are still used worldwide today in shows of force and occasional engagement. They are scrambled now when commercial jetliners go radio silent, ever since they were used as weapons on US soil.

Another aspect is that military forces are intended to be functional -- but also showy, so they can be used to intimidate. And intimidation is a tool of emotion, not logic. There are strange quasi-engagements between many countries on their borders to show intent to defend, and fighter planes are often used in that capacity. Being intimidating also helps your own forces. Fighter pilots are perceived as badasses, and a young person's gut instinct is to want to have the badasses on your side when you're being ordered to throw your body into armed conflict.

This is also related to why all branches still have swords as a ceremonial part of their formal uniforms, and they are used in situations like honor guards and events of historical or great personal importance. Military might is not a video game or board game with simple stats. It's sloppy and human, and involves more diplomats and mistakes affecting it than simple white room simulations tend to account for.

Comment Re:No it is not (Score 1) 351

Mea culpa. I did not read my own second paragraph. I meant to (and remembered writing) a point to the effect that the carrier does exert control, and that discretion or lack of concern is *certainly* part of their final product. That is implied (but not explicitly stated) in my original comment where I note that I will leave and no longer patronize a site with popups or any ad that makes noise unprompted.

And of course, as I *do* state in the second paragraph, some scammers will get annoying ads that violate the site's rules or are criminal in intent now and then, even with a genuine effort on the part of the carrier. Thus the occasional prominent note similar to "Sorry about the autoplay video ads; I'm working to eliminate them with my ad service." So long as it is handled promptly and in good faith, I have no problem, any more than a health hazard being handled at a restaurant in a prompt and safe manner is fine.

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