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Comment Re:depends on what happened (Score 1) 73

It is a remarkable stretch to claim that copyright extends to turning something on. Copyright doesn't deal with that sort of thing at all. You could say that he did not have a license to turn the device on, but you cannot have a license violation against a party you have no privity of contract with, you can only go after them for some sort of alleged copyright violation.

There is a *reason* why every software company on the planet tries to have users accept a license electronically before installing or using a software package - namely, if they do not there is probably no contract between them at all, and the First Sale Doctrine or something like it generally applies, and the purchaser gets to do all sorts of innocent things (like reverse engineer software for example) that the publisher would prefer to prohibit.

If the end user did not actually purchase the item, things might be different, and that is why it is also common for software packages to include a notice that if the user does not like the offered license terms to please return it to the place of purchase for a full refund. And on occasion shrinkwrap licenses have been enforced in the United States at least, but guess how likely a shrinkwrap license is to apply to the purchaser of a surplus item? As far as I am aware a shrinkwrap license has never been applied to someone who acquired a previously paid for copy of a software package. A vendor might refuse to support such grey market items but that is an entirely different issue.

All that said, if Nintendo is the lawful owner of the item in question, he has to turn the item over to them anyway, and whether he turns it on briefly is irrelevant as long as he does not make an unauthorized copy, or public performance, or something like that.

Comment Re:Electricity will become like housing (Score 1) 69

There are some states especially in the Northeast where natural gas is extraordinarily expensive and has to be shipped in LNG form to local ports because of opposition to expanding supply pipelines. In most of the rest of the country, however, natural gas is cheaper or nearly so than it has been for about twenty years now, down from peak prices by at least a factor of five, partly due to fracking and partly due to producers getting very good at it.

Across most of the country natural gas is replacing coal for baseload power and that is the number one reason why net CO2 emissions have been in decline in the United States for about three decades now.

Comment Re: the key word - "WAS" (Score 1) 103

Solar is a great way to shave peak demand in the late afternoon and evening when combined with batteries, but it cannot provide baseload power during the night or when the sun is not shining. You need natural gas, nuclear, hydroelectric, or coal(!) for that. But is a great thing as long as Congress quits subsidizing it. It isn't economically efficient to do so (excess deployment due to subsidies make retail electric rates go up not down) and we have a $2T a year budget deficit and we cannot afford it. Same for wind, with slightly different characteristics and more unreliability than solar. Like no wind for weeks in the winter sometimes.

Comment Re:This is ridiculous (Score 1) 67

I agree. If you buy enough power you will get better rates as a commercial customer, in part due to economies of scale and lower transmission costs based on shorter distances, higher voltages, and higher currents to large and relatively large three phase commercial installations. And they usually get time of day pricing as well, sometimes down to the five minute level and usually can adjust demand appropriately. In some states residential and small business customers are punished in the form of higher tiered rates for buying more than the expected amount of power for customers like them however.

Comment This is ridiculous (Score 1) 67

Electric utilities generally charge different, lower rates to residential customers than to commercial and business customers and cross subsidize residential customers from the rates charged to commercial customers accordingly. So the public utilities commissions or other regulators involved can simply tweak their pricing formulas so that residential customers feel minimal impact if any from extra loads placed by large datacenter installations.

Furthermore generative AI uses so much power that most new datacenters are having their own mostly natural gas power generators and large batteries installed "behind the meter" in N+1 configurations for reliability, and those generally do not directly affect the external, public power grid and prices charged to utility customers especially residential customers at all, except in some ways to make the electrical grid more reliable through peak shifting and by providing short term backup power.

Comment Re:Noncompete law and federal preemption (Score 1) 16

Contract law is a state matter, so I imagine it would be just short of impossible for the federal government to *preempt* state level restrictions on noncompete agreements especially when both parties are in the same state. However, employment law is already heavily constrained by federal law, and has been since the Fair Labor Standards Act in the 1930s. But there states still can and do enact higher standards and tighter restrictions, such as higher, state specific minimum wages requirements and restrictions on noncompetes in California is a good example of that. Fortunately, federal preemption of state law is relatively rare, and is usually based on incorporation of some part of the federal Constitution (such as the First Amendment) against the states.

But as for making noncompetes unlawful nationwide, at least for all but the most highly paid employees, and with reasonable duration restrictions on those, I completely agree. Employees and others should have a right to make a reasonable living with the knowledge and skills they have obtained through their hard work, effort, and diligence as long as they preserve trade secrets and other proprietary information generally governed separately by non-disclosure agreements.

Comment Re:How? (Score 3, Informative) 20

If you knew *anything* about how generative AI systems actually work - think stochastic regurgitation - you would not say such things. I wouldn't trust any such AI system any further than I could throw it. For non-entertainment purposes, such systems are only usable if you are smarter than than the AI *and* double check everything. Contemporary AI systems are subject to model collapse, confabulation, delusional behavior, anti-social or amoral goal seeking if given any kind of leeway, and on and on, as has been well established for quite some time now. And they are only gradually improving in those respects because those weaknessess are fundamental to the way they work. There is no there there - no logic, no reasoning, no reality, no morality, or anything like those things - just garbage in, garbage out.

Comment Re: Year Of Linux On The Desktop (Score 2) 183

Thatâ(TM)s not the only reason; the other two big ones are:

1. There is far greater parity between Windows and Linux in terms of stability and security over the past 15 years or so.
2. Linux has never had the software range MS
has had, and the best Linux software is also on MS plus a lot more.

Comment Re:No one in their right mind (Score 1) 51

I don't know, but no one should be burning plastic except at very high temperatures in incinerator and definitely not breathing in the fumes. It just sounded like a ridiculous number to me unless there really are hundreds of millions if not billions of people in the habit of doing so. Possible damage from use of things like plastic water bottles isn't even going to register except as a rounding error. Can't say I lose much sleep about that. But smoky fires are a real problem, and not just from plastic. So if anyone is actually doing that they should just quit, and quit blaming the plastics industry if they are doing something so remarkably stupid.

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