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Google Asks Court Not To Enjoin ReDigi 185

NewYorkCountryLawyer writes "Google has sought leave to submit an amicus curiae brief against Capitol Records' preliminary injunction motion in Capitol Records v. ReDigi. In their letter seeking pre-motion conference or permission to file (PDF) Google argued that '[t]he continued vitality of the cloud computing industry — which constituted an estimated 41 billion dollar global market in 2010 — depends in large part on a few key legal principles that the preliminary injunction motion implicates.' Among them, Google argued, is the fact that mp3 files either are not 'material objects' and therefore not subject to the distribution right articulated in 17 USC 106(3) for 'copies and phonorecords,' or they are material objects and therefore subject to the 'first sale' exception to the distribution right articulated in 17 USC 109, but they can't be — as Capitol Records contends — material objects under one and not the other."

Comment Your mileage may vary (Score 1) 210

My daughter has been watching TV shows since she was very young. She just turned two in august. She can count to 20, she can sing her ABC's, she knows her colors and shapes. She sings AND dances along with the fresh beat band. She misses words and doesn't have the choreography down. When they spin she spins when they fold their arms she folds her arms. We had to get her her own ipod touch so she would stop accidentally calling people on our iphones. She opens the apps she wants and lets us know which videos she wants to watch, elmo street, olivia, the beats. She LOVES to facetime grandma and grandpa. We can't always read books to her and give her our undivided attention, but these technologies, I think, have helped her learn and develop faster than not having them, and she still plays imaginatively with the low tech toys as well. Children under two won't benefit from the Soaps, or prime time dramas, but that does not mean they will not learn from educational shows and attentive parents.

Comment Oblig Car Analogy (Score 1) 257

The parallel in car terms is a company fleet of vehicles. You don't want to have to rent an entire fleet from the ground up every time you need it.

You gotta go to the rental agency and hope they have enough vehicles to meet your needs then you gotta return em all and hope they have enough the next time.

Comment Re:Who in their right mind would want to use FAT? (Score 0, Troll) 272

It is insightful because it is true. It was said that "people" don't use linux and there was no mention of "newbs".

I have written code in a few different languages, built several computers from spare parts, and spent years in the tech support arena.

I can download an ISO and install Linux from it. For the life of me, I cannot install the utilities or programs that I want to use. Even after reading through the cryptic forum posts related specifically to my topic of interest. I follow the instructions to orient my computer 5 degrees off north, sprinkle the blood of my first born onto the keyboard, make sure to check the hash of the files, and belt out show tunes during the entirety of the installation process. Despite going through several first born, my program will just not work.

On windows, I can download or buy the software I want to use, double click on a file that says "install", go through a few screens that tell me to click different options and viola! I am using my software in no time at all. I don't have to acquire hardware passed down from the direct descendants of Linus or only use software that was translated from the native tongue of antarcticans.

I comprehend what linux is. And if you want to come on over and type your super secret cheat codes on all the programs I want to use, I will use your linux. "People" don't have a you to help them out with the everyday operation of their computer. There is no repository of magical phrases.

People, don't use linux.

Submission + - After 53 Years at IBM, Engineer Dies

BBCWatcher writes: Mainframers are still catching up to the sad news that Vern Watts, the "Father of IMS," died suddenly. He was 77. Vern "retired" from IBM in 2004, but he still worked at IBM two days per week (and three days per week at ScaleDB) up until his death. Incredibly that's over 53 years of continuous IBM service. His famous child, IMS, is now entering its 11th major version. IMS's Chief Architect got it right: IMS gracefully evolved from a 1960s Saturn V rocket parts inventory system into a globally popular, extreme performance, zero downtime transaction manager and database with XML, SOAP, Java programming, and JDBC support, among other modern features, while retaining backward compatibility. IMS is reportedly IBM's highest revenue software product (and growing). What have you done with your life?

Submission + - New Gen Nuclear Power Plant Breaks Ground in China (mediaroom.com)

Anonymous Coward writes: "The construction of first next-generation Westinghouse nuclear power reactor breaks ground in Sanmen, China. The reactor, expected to generate 12.7 Megawatts by 2013, costs 40 billion Yuan (~US$6 billion; that's a lot of iPods.) According to Westinghouse, "The AP1000 is the safest and most economical nuclear power plant available in the worldwide commercial marketplace, and is the only Generation III+ reactor to receive Design Certification from the U.S. Nuclear Regulatory Commission (NRC)." However, Chinese netizens suspect China is being used as a white rat to test unproven nuclear technologies (comments in Chinese)."

Submission + - Stuck Rod at Turkey Point Nuclear unit 3 (miamiherald.com)

delvsional writes: After a Refueling outage, it was found that one of the Control Rods for Turkey Point's Unit 3 Nuclear Reactor would not withdraw. This is the more conservative position for the rod as it is one of the things that reduces fission, but it needs to be withdrawn to make power. Major Repairs are underway and the Miami herald has a story on it. Interesting stuff.....


''This is certainly not something that you see every day,'' said Roger Hannah, the Atlanta-based spokesman for the Nuclear Regulatory Commission.

Hannah said the situation started earlier this week when the nuclear operators were attempting to return Turkey Point Unit 3 to service after a routine outage for refueling.

To get the reactor functioning again, mechanisms lift from the core control rods that absorb neutrons. The rods keep the reactor dormant during the refueling.

In this case, one of the control rods ''appeared to be stuck — and could not be moved out of the reactor vessel,'' said Hanna. That meant that the reactor had to be cooled back down since it would unsafe to operate with a rod in the core.

Because this was a rare event, any attempt to remove the rod from the core fell outside the technical specifications approved by the NRC. That meant FPL had to seek a ''technical specifications amendment from the NRC,'' said Hannah.

That amendment was granted, and a power saw was used on Friday to cut the mechanism that lifts the rods and part of the rod from the rest of the rod, which remains in the core.

It remains unclear what FPL plans to do about the rod remaining in the core and whether the mechanism that lifts the rods will be need to be replaced, Hannah said.

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