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Comment Author of post doesn't understand Fair Use... (Score 2) 255

Fair Use is an affirmative defense; /. posting an article claiming that something "Is Not Fair Use" is misleading and irresponsible - only a judge/court can determine if something is or is not Fair Use, and only if given the chance to do so.

Given that the video in question is a work of fan fiction, the following seems relevant:

"Works of fanfiction are more likely to constitute fair use if they are "transformative" with respect to the original work, if they are non-commercial, if they appropriate relatively little of the original work, and/or if they do not tend to detract from the potential market for or value of the original work.[9]"

Bennett Haselton doesn't seem to know how Fair Use works, and is dangerously and irresponsibly mischaracterizing it as something he himself can assess and negate/affirm. The non-commercial and transformative aspects of the Power Rangers video in question might in fact hold up in court; he doesn't know otherwise, and to insist that he does is legally misguided.

Comment The rate is different, but is it also variable? (Score 1) 176

And if so, by how much? It's one thing to say that flies perceive time differently than we do, but I'm curious as to whether: 1. Among many flies, there is variance from fly to fly (both independent and dependent of relative size), and if so, what that variance is... 2. For a single fly, whether there is variance based on age, environment, time of day, etc. It's always seemed to me like those with an extraordinary talent at something, esp. an athletic or musical talent, are able to slow down time when performing this talent. I'd tend to say that perception of time should more and more be considered a sense, like sight, sound, taste, etc.

Submission + - OC ReMix Releases FREE Kickstarted Final Fantasy VI Album! (

djpretzel writes: Sometimes DMCA notices DO have happy endings, and fans & corporations CAN reach an understanding; after our first kickstarter for a musical fan tribute to the (amazing!) music of Final Fantasy VI was closed at the request of Square Enix, many might have assumed that was the end of it. Instead, they worked with us to make sure that all our T's were crossed and I's dotted, and a second fundraiser was launched and successfully funded, well exceeding its goal. Now, many months later, we are proud to release the end result, our 40th FREE arrangement album, Final Fantasy VI: Balance and Ruin !! MP3s available direct & lossless FLACs available via torrent — please enjoy the amazing music of Nobuo Uematsu, re-imagined by fans, including an arrangement performed by the Slovak National Orchestra (arranged by Chad Seiter) and a mind-blowing version of the opera scene done by Jake "virt" Kaufman in the style of Queen's 'Bohemian Rhapsody'!!

Submission + - Indie Game Composers Honor Zelda's 25th Anniversar ( 1

djpretzel writes: "Indie game composers, including Laura Shigihara (Plants vs. Zombies), C418 (Minecraft) & SoulEye (VVVVVV) have partnered with video game music community OverClocked ReMix to honor the 25th anniversary of The Legend of Zelda through an 18-track album, 25YEARLEGEND: A Legend of Zelda Indie Game Composer Tribute , released today, for FREE, at"

Comment Why license music and claim fair use for cover?? (Score 1) 190 "In my opinion, the album art was not particularly more or less transformative than the music on the album. If the intent was commercial sale, and the music was licensed to be above board, as mentioned, the album art probably should have been treated the same way, right? I'm not saying the photographer's not being a douche, or that the sums asked for weren't inappropriate, or anything of that regard, I'm just saying, if you look at the album as comprised of two elements - the music, and the cover - the first was licensed for commercial sale, and the second was not, so if you make a fair use argument for the cover... why not the music as well? If you acknowledge that the music needed to be licensed in the first place, and hence did NOT fall under fair use, it seems odd to make the opposite argument for the album art. That's my only real point, but I feel it's worth making, because it seems like music is often treated very differently (MORE scrutiny & copyright concern) than images. My favorite example that hits close to home is video game fan art vs. video game fan mixes. Peeps been submitting drawings of Mario, Zelda, etc. to EGM before the Internet took over, but the second mixes became a thing, everyone was VERY concerned w/ copyright issues. Again, no hate. We talk about fair use a lot here, it's relevant to us, and I'm pretty sure all of us read this article as a damn unfortunate thing happening to a good person. It's just... that doesn't make him right about the law, or fair use, and I just thought the inconsistency between the music being licensed and the image not was worth mentioning."

Comment "App Store" = "Operating System"... not "Windows" (Score 1) 356

"Windows" makes sense as a trademark for an OPERATING SYSTEM because it is not particularly generic or obvious; yes, modern GUIs have "windows," and if they were trying to enforce that term outside the boundaries of OS names, it would be more problematic, but it's not the same as "App Store".

The functional trademark equivalent of "App Store" for an OS would be trademarking the phrase "Operating System".

Apple should lose.

I have a Macbook Pro, an iPod, an iPad, and 5 PCs.

Comment Score two for Eclipse (Score 1) 150

Ignoring the expected language-wars comments for a second, this is actually really cool. These were solid, expensive pieces of software that will now reach a wider audience. Netbeans (which I don't use much) was always better than Eclipse in at least this one way - visually building GUIs. It will be nice to see Eclipse achieve parity or exceed its primary free rival in this regard, finally.

Wii 2 Unlikely For 2011, Maybe In 2012 303

An anonymous reader writes "As discussed on Slashdot earlier this year, the lack of a next-generation Wii may be hurting Nintendo. That doesn't seem to concern the company's US chief, Reggie Fils-Aime, who said this week that a Wii 2 might not appear until 2012. He wants to sell a few million more consoles before a successor is launched. So, no Wii 2 for 2010 or 2011 — meanwhile, the PS3 and Xbox consoles get motion control support and other content enhancements. What does that mean for the success of Nintendo's gaming console business? Has the innovator been out-innovated due to a sluggish product roadmap?"

Google Caffeine Drops MapReduce, Adds "Colossus" 65

An anonymous reader writes "With its new Caffeine search indexing system, Google has moved away from its MapReduce distributed number crunching platform in favor of a setup that mirrors database programming. The index is stored in Google's BigTable distributed database, and Caffeine allows for incremental changes to the database itself. The system also uses an update to the Google File System codenamed 'Colossus.'"

Comment Re:Middle Ground (Score 1) 335

Excuse my ignorance, but to continue your supposedly improved analogy, if I post a comment that is nothing but spam, filled with links to malware, illegal torrents, or whatever, it doesn't get deleted, and /. readers can still see it? I would have expected otherwise, based simply on the potential legal repercussions & CYA policies... that's really what we're talking about, here - violations of law, or at least terms of service...

Comment Re:Middle Ground (Score 1) 335

Hey, don't tell me, I know. But studies show people will basically answer "Yes" to anything, and there's no reason a BASIC level of scrutiny couldn't be applied to Android marketplace apps, especially those that do access account info, without going too far and blocking legitimate apps as Apple has. Actually, there is a reason, and I suppose it has to do with cost and trying to juxtaposition Android as the "open" alternative, but "open" doesn't have to mean "jam-packed with spam apps & sexy wallpaper crap that steals data if you're not careful"...

Comment Re:Middle Ground (Score 1) 335

Bad, knee-jerk analogy - removing this application from the marketplace isn't "punishing the few" - who on Earth would ever want it? Policies to prevent similar apps would only be beneficial, so long as they were *sanely* implemented, and specifically addressed security/deceptive practices, not profanity, obscenity, etc. A basic level of review for security and some very OPEN standards would be a good thing. Doesn't /. moderate its comments for a reason??

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