An idiot juror is going to try to make an idiotic decision no matter what, even if they're presented with the evidence, and having court officers explain to them what constitutes reasonable doubt or whatever, they're going to go like "but I don't want him near my children!" or "black people should stay together!" and crap like that, instead of making a rational decision whether someone is guilty or not.
Meanwhile, the smart ones trying to weigh the evidence will try to find out what makes a piece of evidence decisive or not, or if witnesses aren't always 100% trustworthy, or whatever, won't be able to, because they try to put them in isolation and in fact, turn them more like their idiot counterparts.
"elitist craptrap? you don't tell people how to perform open heart surgery, right? and you don't tell people how to solve pressure integrals so they can build a hydro-electric dam?"
Yeah, but surgeons and engineers have real jobs that require actual useful skills, unlike lawyers whose only job is to try to confuse people as much as possible so that their services are required to untangle the mess they've made themselves. And then spew things like "you lack the training".
he used the full sized image, and had the balls to hotlink it and make istockphoto pay the bandwidth to provide it.
Wow really? He used a picture that's several megabytes in file size and thousands of pixels of resolution? Because you know, purchased photos are really really big, something like 10,000 x 10,000 pixels or bigger. Or did you actually think that they just removed the watermark and emailed you a low quality JPEG for you to use commercially upon purchase?
The frequent argument over whether fair use is a "right" or a "defense" is generated by confusion over the use of the term "affirmative defense." An affirmative defense is simply a term of art from litigation reflecting the timing in which the defense is raised. It does not distinguish between "rights" and "defenses," and so it does not characterize the substance of the defendant's actions as "not a right but a defense." The First Amendment, for instance, is generally raised as an affirmative defense in litigation, but is clearly a "right." Similarly, while fair use is characterized as a defense in terms of the litigation posture, Section 107 defines fair use as a "limitation" on copyright law and states clearly that "the fair use of a copyrighted work … is not an infringement of copyright."
Oh yeah, you know what else is a defense and not a right? An alibi. But according to your logic, you first have to admit that you're guilty of the crime, before you can use the "defense" that you weren't even there at the time it occurred and that you have witnesses that can corroborate it.
"Yes Your Honor, I did murder Mr. Doe. Ok, with that out of the way, I just want to show you footage of me being out of the country at the time the murder took place. Yeah, because it's a defense, not a right, donchaknow."
Re: Re: Re: Re: Just like hardbacks / Paperbacks ?
Oh yeah, I forgot your argument that if something is manufactured, it's scarcity is "artificial", while something that grows on trees has a scarcity that is "natural". With extra vitamins.
This comment just shows that you have no idea how Pandora works. You don't "look" for music. It's basically a radio that uses the music you already like and then feeds you tracks randomly that resembles it (such as jazz, or acid funk) with COMPLETE cover, album and artist information, including a link to the online store where you can buy it.
"but to go to Pandora and start looking around, why?"
But to turn on my radio and start tuning around, why?
The actual problem with Pandora is that it has been completely ruined by the labels wanting a "cut" of its "profits", the same labels that want radio stations to pay THEM for music.
On the post: Why Shouldn't Jurors Be Able To Use Technology To Do More Research?
Re: The only problem I see
Meanwhile, the smart ones trying to weigh the evidence will try to find out what makes a piece of evidence decisive or not, or if witnesses aren't always 100% trustworthy, or whatever, won't be able to, because they try to put them in isolation and in fact, turn them more like their idiot counterparts.
On the post: Because When MetroPCS Says 'No Contract,' It Actually Means 'Well, Of Course There's A Contract'
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Another question
Yeah, but surgeons and engineers have real jobs that require actual useful skills, unlike lawyers whose only job is to try to confuse people as much as possible so that their services are required to untangle the mess they've made themselves. And then spew things like "you lack the training".
On the post: USTR Insists Gov't Isn't Keeping ACTA Secret
Re:
So we should create laws preventing the sale of shoes, as they're linked to counterfeiting.
On the post: Copyright Industry Responds To iiNet Ruling By Asking For Gov't Bailout; Aussie Gov't 'Studying' It
Re: Re: Question:
Everything makes sense now.
On the post: Wal-Mart, Target Trying To Block Redbox From Purchasing DVDs?
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On the post: Awkward Stock Photo Blog Hit With DMCA Claim
Re: Re: Stealing or sharing?
On the post: Awkward Stock Photo Blog Hit With DMCA Claim
Re: Re: Re:
Wow really? He used a picture that's several megabytes in file size and thousands of pixels of resolution? Because you know, purchased photos are really really big, something like 10,000 x 10,000 pixels or bigger. Or did you actually think that they just removed the watermark and emailed you a low quality JPEG for you to use commercially upon purchase?
On the post: TV Station Issuing DMCA Takedowns To Try To Hide Weatherman Making A Bad Joke
Re:
Oh yeah, you know what else is a defense and not a right? An alibi. But according to your logic, you first have to admit that you're guilty of the crime, before you can use the "defense" that you weren't even there at the time it occurred and that you have witnesses that can corroborate it.
"Yes Your Honor, I did murder Mr. Doe. Ok, with that out of the way, I just want to show you footage of me being out of the country at the time the murder took place. Yeah, because it's a defense, not a right, donchaknow."
On the post: Obama's Director Of Citizen Participation Patents Displaying News With Financial Info
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On the post: Amazon, Macmillan Fight Over Ebook Prices; After Amazon Removes Macmillan Titles, It Caves To Higher Prices
Re: Re: Re: Re: Just like hardbacks / Paperbacks ?
On the post: Daily Mirror Blocks NewsNow; Will It Start Paying Its Own Sources?
Re: Re: There�s Hypocrisy, And There�s Hypocrisy
On the post: Bank Sues Identity Fraud Victim After $800,000 Removed From Its Account
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On the post: Wait, Who Wants A Proprietary, Locked Down Device That Limits What You Can Do?
http://www.youtube.com/watch?v=lQnT0zp8Ya4
On the post: Jammie Thomas Rejects Offer From RIAA To Settle For $25k Plus Request For Judge To Vacate Last Week's Decision
On the post: Be Careful Writing About Tintin; The Lawyer For The Tintin Estate Might Sue
http://www.facebook.com/group.php?v=info&gid=91196878131
I can't read much french but it seems the page to back Bob García vs the Tintin estate thingy.
On the post: Google Routes Around App Store On The iPhone... Others Can Too
Re: Was this story about Google Voice? Why Yes, it is!
On the post: Brian Eno Explains How The Recording Industry Is Like Whale Blubber
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On the post: Finding The Long Tail In Music
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"but to go to Pandora and start looking around, why?"
But to turn on my radio and start tuning around, why?
The actual problem with Pandora is that it has been completely ruined by the labels wanting a "cut" of its "profits", the same labels that want radio stations to pay THEM for music.
On the post: Give A Man A Fish... And Make It Illegal To Teach Fishing
Re: Re: Re:
On the post: Obama Calls The Patent Office Embarrassing For Its Outdated Workflow
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