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Comment Re:Fair use (Score 1) 172

It would be fair use only if used infrequently. For example, if you want to quote someone else's article in your article, that's fair use. However, if your entire business is dependent upon making snippets from thousands of articles, that's no longer fair use, it's commercial use.

No, you're wrong.

First, fair use applies to both commercial and non-commercial uses. For example, when Mad Magazine did a movie parody, that would be fair use, even though the magazine us sold for an increasing cheap price and is a commercial venture.

Second, the previous poster didn't really explain it well. Fair use is when a copyrighted work is used without permission in a way that, but for fair use, would be infringing, but which is not infringing because it is in the general purpose of copyright to allow such a use. It's evaluated on a case-by-case basis, and is completely fact dependent. This, any particular use might be a fair use, but not just any use actually is.

There's a test for finding out whether a use is fair or not. It has four factors, though it isn't a matter of adding up how many factors go one way or another, and depending on the case, one factor might be treated as outweighing another. Plus, it's just a tool; other factors can be considered too.

The factors are: 1) the purpose and character of the use, such as whether the use is for profit or not, whether the use would advance the progress of knowledge by resulting in something new or otherwise helpful; 2) the nature of the work being used, such as whether it is fictional and therefore very creative and worth protecting, or factual, and therefore not worth protecting quite so much (how a work presents itself is also often relevant in copyright; if you claim that something is a fact, even though it's made up or is just a hypothesis, others may get to treat it as a fact) as well as whether the work being used has already been published or not; 3) the amount of the work used, and how important to the work that portion is; and 4) whether the use will have a negative effect on the value or market for the work (positive effects are not considered).

Snippets of this type -- in aggregate, mind you -- have repeatedly been found to be fair use in the US because for the first factor, although the use is commercial in nature, it provides a benefit to society in being able to search for this material (which of course requires as much material as possible to be used in constructing the index, even though the index itself, as opposed to the results of a search, is not made available), the second factor may weigh against the use depending on the material being indexed, but it is not treated as being very important, obviously the whole work must be used to make the index for the index to be useful, so the third factor doesn't matter, and for the fourth factor, it doesn't harm the market for news articles to be able to find them and to see in one or two lines why they match your search terms. It doesn't matter if that's the business model.

And if you think this is extreme, look at time shifting, which is bad on all of the first three factors, but is sufficiently successful on the fourth so as to be fair use (in a general way, since again it is highly fact dependent)

Comment Re:Bad Idea #1 (Score 1) 674

Call it whatever you want. Apprentice/Master --- but there needs to be a way to differentiate - and thereby focus the work efforts. Master developers/designers need to be building a cohesive set of tools and a design that the Apprentice uses to get the job done.

An apprentice programmer should never be allowed to lead the design or implementation of a project - I don't care how many years they have with the company. Years of service does not equal quality of skill set. I've seen too many projects destroyed because the wrong people were in key positions in the team - and should not have been. The idea that every programmer is an interchangeable widget is a lie. If you are peddling that 'happy joy and rainbow land' view of the world - then you are part of the problem that I am talking about.

The truth is in the deliverables. Most of those deliverables are nowhere close to being right.

Comment Re:So sick of Patent Trolls (Score 1) 182

Your statement has no relevance to this story or the trial whatsoever. Oracle v. Google dealt with copyright and fair use. Patent abuse/trolling is an entirely different issue.

As for 'shaking up' Congress to fix the not-relevant-to-this issue, would you care to elaborate on what you've done in that regard?

Comment Bad Idea #1 (Score 1, Flamebait) 674

Allowing (or forcing) application programmers to do system programming. If your language forces the programmer to reinvent the wheel - he will invariably do it badly. The corollary to this: poor libraries/frameworks/abstractions built by aforementioned programmers then let bad programmers spread even more bad code.

This, by the way, is the source of all zero days.

If you have to do system programming - make sure you have a bona fide systems programmer - preferably who has a thorough understanding of secure programming - on the team; either as a reviewer, or designer.

Given that there aren't that many real system programmers out there - those that are should focus on building tools that keep application developers from shooting themselves in the foot (so they don't have to be there to keep the carnage from happening). In this instance, I am all for gun control. You don't give a child a loaded gun, and you shouldn't give an application programmer one either.

Comment Re:Pokemon Go to rake in nearly $13 Billion (Score 1) 79

Actually, you can earn multiples of 10 pokecoins per day. Every 21 hours, you can get 10 coins for every gym you control at the end of the 21-hour countdown timer. I've never managed to have more than 2 or 3 at a time when that happened, but I expect when I get some more powerful critters I'll be able to do better.

Submission + - EFF lawsuit seeks to overturn DMCA ban on breaking DRM

Robotech_Master writes: The EFF has just filed suit against the US government on the grounds that the Digital Millennium Copyright Act’s anti-circumvention provision, Section 1201, represents an unconstitutional restraint on free speech.

The suit takes aim at the practice of outlawing breaking DRM, with the Librarian of Congress permitted to make exceptions to the prohibition every three years, as well as outlawing any explanation of how to break DRM. The EFF calls this “an unconstitutional speech-licensing regime.”

This isn't the first time the DMCA's anti-circumvention provision has been called in to question. Earlier this year, Congress asked for public comments on ways to improve the anti-circumvention process.

Comment Which is more important: edge or app? (Score 1) 133

Huge efforts and money are spent protecting the edges of the network - whether it be firewalls and other router configurations, OS level configurations, and other filtering tools (such as virus detection and scanning, and log and packet inspection and analysis tools). There are also plenty of security companies willing to sell you a magical black box that will solve all of your security problems.

The opposite seems to be the case when it comes to spending time and money on the security of applications used by internal and external customers - either through retrofitting existing applications, or when building new applications. Companies don't want to spend money to retrofit sunk capital, and I don't see security firms talking about or creating tools and common standards for building new secure applications.

Given this dichotomy, do you think that is a correct characterization of the problem space, and do you think we are spending our time and money in the right places as a result?

Submission + - Whoever feels like innovating e-books, please raise your hand!

Robotech_Master writes: I keep seeing complaint after complaint that e-books are stuck in a rut, and nobody is interested in 'innovating.' Amazon tends to get the lion's share of blame for this, as they're the incumbent in the e-book market, but what's keeping its competitors from trying as well? A good innovation could be a competitive advantage against Amazon, after all.

It seems to me that we're not seeing any innovation because most consumers are perfectly happy with their ten-year-old Kindle e-book tech, and Amazon's competitors have effectively already thrown in the e-book towel. Anyone who tries to come up with something new runs into the roadblock that consumers don't want something new if it's not compatible with the e-reading tech they already have.

And yet, we still see all these people crying out for innovation, but no one actually making a move to innovate. Well, here's the bell, there's the cat; knock yourself out.

Comment This result isn't surprising... (Score 1) 143

Millennials are just starting in the workforce so they have much less to lose if they do get compromised. That also means that whatever setback occurs can be quickly recovered. While I can understand why they may not care now about exposure of their content and information today - that isn't to say that will be a constant throughout their lives.

Ask them the same question in 10 to 20 years and see what they say. If they have significant savings or other holdings that are compromised that took many years to acquire - or their credit gets trashed - you can bet they will change their answer. There may be edge cases - but the vast majority will have families, mortgages, and other issues that disruption through faulty security will be unacceptable.

Polls like this are of limited value unless you can look beyond the poll itself to what is really behind how people are responding. Don't fall for the hype. Be a critical thinker.

Comment It just wouldn't work out (Score 1) 380

The problem as I see it is two-fold: first, the sudden presence of about a zillion just-as-good-as-the-original digital media files up for resale would collapse the market and put publishers out of business.

Second, and more importantly, there's no way to prevent people from cracking the DRM on their e-books and backing them up before selling the DRM-locked original. You can crack the DRM on library books now just as easily as you can the ones you buy from Amazon. I don't see that changing.

Submission + - SPAM: Amazon adds SD card e-book storage, automatic video downloads to Fire tablets

Robotech_Master writes: Amazon has added a couple of interesting new capabilities in its latest Fire tablet firmware. The $50 Fire tablet will now automatically store e-books on SD cards, when available, and will also automatically download Prime Video movies to have on hand in case you can't access Wi-Fi for a while.

Comment Re:no sympathy for suckers (Score 3, Insightful) 81

Unfortunately, the only way to get this content is either to pay for it legitimately and then have to illegally crack it, or to pirate it which is illegal from the outset. If you want the content, you have to make a deal with some kind of devil.At least if you do buy it, the people who originally made it get paid something.

Submission + - After software upgrade, Kobo customers are losing books from their libraries (teleread.com) 2

Robotech_Master writes: After a recent Kobo software upgrade, a number of Kobo customers have reported losing e-books from their libraries--notably, e-books that had been transferred to Kobo from their Sony Reader libraries when Sony left the consumer e-book business. One customer reported missing 460 e-books, and the only way to get them back in her library would be to search and re-add them one at a time! Customers who downloaded their e-books and illegally broke the DRM don't have this problem, of course.

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