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Submission + - Malibu Media stay lifted, motion to quash denied

NewYorkCountryLawyer writes: In the federal court for the Eastern District of New York, where all Malibu Media cases have been stayed for the past year, the Court has lifted the stay and denied the motion to quash in the lead case, thus permitting all 84 cases to move forward. In his 28-page decision (PDF), Magistrate Judge Steven I. Locke accepted the representations of Malibu's expert, one Michael Patzer from a company called Excipio, that in detecting BitTorrent infringement he relies on "direct detection" rather than "indirect detection", and that it is "not possible" for there to be misidentification.

Comment Re:Famous words... (Score 4, Insightful) 263

IMO best combination is PC plus whatever Nintendo console is out at the time. Obviously Nintendo games are never going to come out on another platform, so you need that console for your Marios and your Zeldas etc. But most (maybe 75-80%) of games that come out for one or both of the other two consoles tend to come out on PC as well. So I think if you are restricting yourself to two devices total, PC+Nintendo casts the widest net in terms of 'having the most games available to me'.

Comment Re:Famous words... (Score 1) 263

This is kind of a middle ground between traditional consoles and PCs. The advantage for developing for console is that you have a known, fixed hardware and software environment to target, rather than the thousands of combinations of OS/firmware/hardware/drivers on the PC platform. The advantage of consoles for consumers have traditionally been that they are (1) easier to setup and use (especially if you aren't particularly 'good with computers') and guaranteed to run the games that you buy; and (2) can be played on your big TV with nice comfy couch.

Advantage (2) is being eroded recently since TVs can all accept PC input these days (via HDMI) and the availability of cheap devices like Steamlink that allow you to run the game on powerful PC hardware elsewhere in the home and stream gameplay to the living room TV with minimal lag. Pre-built Steam boxes are also a threat. So an approach like this allows Microsoft to compete in the "I want an easy to use device that allows me to play while sitting on my couch" console market while also having a range of products that vary in price and performance, so you can still get PC-like cutting edge performance if you want. And it's still easier for devs too - sure they might now have to target and test three or four different 'Xbox' variants, but each one of those is a known quantity and it's a far cry from the multitude of possible PC configurations.

Comment Re:DSL shouldn't be considered broadband any more. (Score 1) 104

Yeah, pretty much. Unless they put big money into large-scale VDSL2 rollouts (which needs short line lengths and even then barely matches cable in terms of throughput), copper phone line methods of delivery are fast becoming obsolete. Cable still has some life left in it. But eventually we will need proper fibre rollouts.

Comment Re:From TFA (Score 2) 323

"Just because Malthus wasn't right in his lifetime, that doesn't make him wrong. Malthus died in 1834: that's really not that long ago."

Malthus observed a historical phenomena that kept the population of Earth more-or-less constant since the agricultral revolution which in its time increased the population of the Earth by 2-3 orders of magnitude. Since the Industrial revolution and the era of economic growth all such predictions have been dramatically WRONG. Every time time humans appear to run up against a resource limitation, we've found ways around it. The most recent has been crude oil. Who talks about Peak-Oil now?

Our main problem now is that Fossil fuels are too cheap to give up without a global carbon tax.

Comment Re:If Water is Scarce (Score 1) 323

I just ran the numbers of Melbourne's Desalination plant ( As far as I can tell, taking account of the interest on the capital, it costs around $4.67 AUD per 1000 L of water. (

If you neglect the capital cost, it's $0.66 AUD per 1000 L of water.

Submission + - Christoph Hellwig Announces He Will Appeal VMware Ruling (

Jeremy Allison - Sam writes: Hellwig To Appeal VMware Ruling After Evidentiary Set Back in Lower Court

Christoph Hellwig announces today that he will appeal the ruling of the Hamburg District Court, which dismissed his case against VMware.

"I'm disappointed that the court didn't even consider the actual case of reusing the Linux code written by me, and I hope the Court of Appeal will investigate this central aspect of the lawsuit."

Comment Re:First cool site was 'the liquid oxygen barbecue (Score 1) 136

Besides the LOX demo and his invention of Refrigerant R-406A "AutoFrost", George was an Alpha Hardware Hacker at Purdue who presented at Usenix conferences. He got a grant to work on multiprocessing, and so he took two VAX 780's, and connected them by the backplane, creating a multiprocessor VAX. Digital Equipment liked it so much that they made a product of it, called the VAX/782. The CPU clock was 5 MHz and there were a lot of DIP-package digital logic ICs in there, with lots of space between them on the PCBs.

Comment Classic Steve Jobs and the Nascent Web (Score 5, Interesting) 136

Steve Jobs and some folks from Pixar were going out to lunch one day. While walking out of the building, Steve said "we have to find the killer app for the Internet". Steve and I both had NeXT workstations on our desks, and they had the first Mosaic web browser for NeXTStep on them. I'm not sure I even tried that browser, but we both completely missed that this was the killer app for the Internet.

Comment Re:How many of those... (Score 1) 126

I have a 4, 4S and 5 sitting in the cupboard all still fully functional. I keep some cheap pre-paid SIMs with long credit expiry in them for lending to family and friends visiting from overseas (who don't want pay for global roaming or bother to set up their own pre-paid account). Also make good GPS logging devices for going biking/hiking etc without having to drain the battery on your main phone. Even without a SIM they still connect to Wifi and are thus useful in the same way that an iPad or iPod Touch are.

Comment Re:I hate Apple... (Score 1) 126

Might have been in the US but elsewhere there was no exclusivity to it. It was just a much better phone than existing smart phones on the market, primarily because the software was stable and functional (having used a pre-iPhone-era smartphone, it was truly awful - terrible UI and crashed all the time).

Comment Re:Sheep. (Score 1) 126

Yep, both my iPhone 5 and 4 are still in perfect working order, even though I've moved to the 6S now. The former I handed down to a family member and the latter I still use as a glorified iPod Touch and take it jogging/biking etc for GPS logging purposes (rather than take my newer phone which I'd care about more if it got dropped/dented/scratched).

Comment Re:Sheep. (Score 1) 126

Factor of 10 might be pushing it a bit. I've used an iPhone as my main phone since the start and have only upgraded twice. Most people only bother once the old phone starts getting frustratingly slow running newer apps, which seems to take at least 4 generations or so. I doubt there's many people who have upgraded every single year since the beginning.

Comment Re:This is NOT a matter of trademark violation (Score 2) 247

Not necessarily. Take a look at the relevant portion of the Lantham Act. It would have to fit one of the provisions therein. It might make a false suggestion of affiliation, but it's arguable.

15 U.S.C. 1125 - False designations of origin, false descriptions, and dilution forbidden

(a) Civil action

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which

(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or

(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities,

shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

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