Yeah.. Part of the problem is the incredible length of copyright.. So if you have something like the muppet show where there is a bunch of music in it, you basically would have no choice but to sell it to a massive org like disney since no small company would have a prayer to be able to release it in current tech.. It still took disney like 15 years to release it and then end up with butchered versions..
It's just wrecking the history and culture.. They have managed to work around somewhat similar problems with compulsory licensing under certain conditions, I'm sure there could be a solution if there was any political motivation but my only real hope to be able to watch my favorite old shows legally is there will be a very high profile case that basically forces action on it.
Of course, as usual, piracy is unaffected and just works
"I know of numerous games that have become available on the XBox store after being delisted for rights issues"
But that isn't change, it's just the cases were some companies eventually cave in and pay the disproportionate amount to be able to get their stuff released, or they have spent (basically completely wasted) the extra effort to remove the licensed content. That's status quo where we only get those exceptional cases released in current technology where companies decide being able to release their own part of the content is worth it to suck it up and either pay whatever exorbitant amount is asked for the previously licensed part or if we are lucky it's easy or worth their effort to remove it. Those are exceptions, they aren't changing the rule, even slowly
Well it's strange to call it backwards compatible if you need to migrate every single game individually to the new system.. Devs migrate games between systems all the time, it means game has been migrated to both systems, but it doesn't make the systems compatible with each other. We didn't say the gameboy color was backwards compatible with the nes because they migrated excitebike to it
Maybe a compulsory licensing scheme might make more sense.. those are tricky too but they should do something. It's just not right how it is, extortion is not a legitimate use of copyright.
"Something that requires a licence will never be fair use in order to circumvent the licence."
I'm not sure what you are saying here.. That is the definition of fair use, every time it applies is a case where something that would require a license without fair use doesn't because it's deemed fair use..
Consumers used to require a license to do their own format shifting here for the same reason, basically no one predicted the need ahead of time.. Now it's considered fair use for basically the same reasons this should be,
The value isn't legitimately coming from the music, the draw comes from the show or game and these cases are clearly trying to leverage the fact that you can't reuse the original game / show without spending a bunch of work to take the music out and then having an inauthentic version rather than leveraging any legitimate draw from the music or other copywritten material, which is not what copyright is intended for
So you aren't really saying it's going to change, you are saying we are stuck with this bullshit forever, but it will affect you less if you like new games/shows instead of old ones because they are tweaking their agreements for new stuff to take it into account like they did with vinyl records including mp3 downloads for a while before format shifting for consumers was deemed fair use here
I sure hope it will change.. not that I don't love living in a world where some record exec or dead musician's spoiled brats can hold your favorite old tv shows hostage forever in the hopes of being able to live their whole lives without ever having to contribute anything to society..
Someone should rule it fair use at some point, it's not like people are going to be buying your game / show instead of listening to the song on spotify.. The only reason you can get more money from the song is because you can hold the authentic version of the show or game hostage with it
yes and also they let you carry forward your library which is great. strangely though they seem to have a short list of original xbox games it can play.. so you dont have to pay which is awesome but it looks more like they have migrated 0.05% of the xbox games rather than its 0.05% backwards compatible. it sounds like you can get free access to the migrated version with your disc but only the ones they migrated
Show me someone who says they think one should have to renegotiate all your copyright licenses just to publish your game/movie in a format compatible with current technology and I will show someone with an ulterior motive
Backwards compatibility means being able to play the original releases on the new system. If you need to repurchase the game to play it then it isn't backwards compatible with the old system, and you will probably have stupid rights issues and junk so that the games you already have and want to play won't even be available to repurchase
Being able to buy the game again and get a version that will run on the new console is not backwards compatibility. Don't get me wrong, it's still good, but backwards compatible means being able to play the games that were released for the old system, not just having new releases of them available for the new system
I don't think big tent is really a bad thing, but your big tent should be about trying to find common ground and compromises to join together and act on the lowest common denominator actions that will benefit the whole tent not about pretending that everyone in the big tent has to believe everything everyone else in the tent believes and everyone in the tent has to "stand together" to get every horrible thing anyone throws out forced on everyone even if it's completely against their values.
Yeah but making your legal interpretations as broadly applicable as you can would alleviate the load in the long run.
If there are multiple decisions at play, to be more efficient they should start with the one that is broadest applicable (which would alleviate the most future load) and work their way narrower only after explaining why the decision on the broader one doesn't resolve the issue at hand..
Murky aspects are exactly why you need someone to make a call.. If they ruled on the copyrightable issue, it could potentially prevent a ton of burden from fair use cases which are completely unclear and are basically all case by case, or at least let us know that all that burden from fair use cases is unavoidable.
I'm sure they must know better than I do, I just haven't managed to find a satisfactory explanation to understand it myself.
It's not the liberals painting the conservatives as opponents of free speech and property rights that bothers me, thats what I'm doing :) It's the so called conservatives painting what they are doing as being backed by "conservative values" that bothers me..
"you know that not all physical copies have DRM attached"
Yeah that's why there is the "if" in there. Also even if they do have DRM attached, it's might not needs continuous support from the company to connect to anything online to work.
The point wasn't that all physical copies won't work when support ends, it's that just buying physical copies isn't good enough to be sure it will.
If we are being honest though, your chances of original NES games still work unmodified on original Nes consoles 25 years after end of life are pretty good.. another 25 years from now, I would still put way better odds on a random NES game working on a nes compared to a random physical ps3 game on an unmodified ps3
Thus the scare quotes.. It's "I won't have that in my house".. Whatever you call it, just a decision by a private entity about their own actions and hard earned property I guess..
Certain things I feel trigger my conservative instincts and certain things trigger liberal ones, but these attempts to paint this sort of crap as conservative just piss me off.. Even if I don't agree with how everyone uses em, people gotta have some base amount of freedom in their lives that the government doesn't fuck with right? If you don't draw the line at deciding what you support or don't support with your own efforts where can you draw it?
"pre-empt state laws that protect speech from private censorship. "
"Private censorship" is pretty clearly a form of private speech.. and yeah the government can't force your church to allow sermons by muslims in the interest of forcing neutrality or whatever if the church owners don't want to.
and yeah, the first amendment pre-empts such state laws. That wut it for right? I would expect this stuff to be visceral level for any conservative
As interesting idea about the dictionaries.. Is there actually a definable difference between a dictionary for english, latin and a made up one like your engineering example or a even a klingon or elven one?
I Agree with the dissent that they should not have ignored the copyrightable questions.. I never understood the philosophy that courts often take that presents their role as solely to decide individual cases they are looking at and not making any decisions on how the laws should be interpreted unless it's absolutely unavoidable. As if their end goal is to have every citizen come up with their own unique interpretation of the law and they want as to reside over as many disputes as they can
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:
Yeah.. Part of the problem is the incredible length of copyright.. So if you have something like the muppet show where there is a bunch of music in it, you basically would have no choice but to sell it to a massive org like disney since no small company would have a prayer to be able to release it in current tech.. It still took disney like 15 years to release it and then end up with butchered versions..
It's just wrecking the history and culture.. They have managed to work around somewhat similar problems with compulsory licensing under certain conditions, I'm sure there could be a solution if there was any political motivation but my only real hope to be able to watch my favorite old shows legally is there will be a very high profile case that basically forces action on it.
Of course, as usual, piracy is unaffected and just works
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Re: Re: Re: Re: Re: Re: Re: Re: Re:
"I know of numerous games that have become available on the XBox store after being delisted for rights issues"
But that isn't change, it's just the cases were some companies eventually cave in and pay the disproportionate amount to be able to get their stuff released, or they have spent (basically completely wasted) the extra effort to remove the licensed content. That's status quo where we only get those exceptional cases released in current technology where companies decide being able to release their own part of the content is worth it to suck it up and either pay whatever exorbitant amount is asked for the previously licensed part or if we are lucky it's easy or worth their effort to remove it. Those are exceptions, they aren't changing the rule, even slowly
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Re: Re: Re: Re:
Well it's strange to call it backwards compatible if you need to migrate every single game individually to the new system.. Devs migrate games between systems all the time, it means game has been migrated to both systems, but it doesn't make the systems compatible with each other. We didn't say the gameboy color was backwards compatible with the nes because they migrated excitebike to it
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Re: Re: Re: Re: Re: Re: Re: Re:
Maybe a compulsory licensing scheme might make more sense.. those are tricky too but they should do something. It's just not right how it is, extortion is not a legitimate use of copyright.
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Re: Re: Re: Re: Re: Re: Re:
"Something that requires a licence will never be fair use in order to circumvent the licence."
I'm not sure what you are saying here.. That is the definition of fair use, every time it applies is a case where something that would require a license without fair use doesn't because it's deemed fair use..
Consumers used to require a license to do their own format shifting here for the same reason, basically no one predicted the need ahead of time.. Now it's considered fair use for basically the same reasons this should be,
The value isn't legitimately coming from the music, the draw comes from the show or game and these cases are clearly trying to leverage the fact that you can't reuse the original game / show without spending a bunch of work to take the music out and then having an inauthentic version rather than leveraging any legitimate draw from the music or other copywritten material, which is not what copyright is intended for
So you aren't really saying it's going to change, you are saying we are stuck with this bullshit forever, but it will affect you less if you like new games/shows instead of old ones because they are tweaking their agreements for new stuff to take it into account like they did with vinyl records including mp3 downloads for a while before format shifting for consumers was deemed fair use here
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Re: Re: Re: Re: Re:
I sure hope it will change.. not that I don't love living in a world where some record exec or dead musician's spoiled brats can hold your favorite old tv shows hostage forever in the hopes of being able to live their whole lives without ever having to contribute anything to society..
Someone should rule it fair use at some point, it's not like people are going to be buying your game / show instead of listening to the song on spotify.. The only reason you can get more money from the song is because you can hold the authentic version of the show or game hostage with it
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Re: Re:
yes and also they let you carry forward your library which is great. strangely though they seem to have a short list of original xbox games it can play.. so you dont have to pay which is awesome but it looks more like they have migrated 0.05% of the xbox games rather than its 0.05% backwards compatible. it sounds like you can get free access to the migrated version with your disc but only the ones they migrated
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Re: Re: Re: Re:
Show me someone who says they think one should have to renegotiate all your copyright licenses just to publish your game/movie in a format compatible with current technology and I will show someone with an ulterior motive
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Re: Re:
Backwards compatibility means being able to play the original releases on the new system. If you need to repurchase the game to play it then it isn't backwards compatible with the old system, and you will probably have stupid rights issues and junk so that the games you already have and want to play won't even be available to repurchase
On the post: Microsoft/Xbox Pushing Backwards Compatibility Hard, With Specific Nods Towards Game Preservation
Being able to buy the game again and get a version that will run on the new console is not backwards compatibility. Don't get me wrong, it's still good, but backwards compatible means being able to play the games that were released for the old system, not just having new releases of them available for the new system
On the post: Justice Thomas Goes Weird Again; Suggests Twitter Can't Moderate & Section 230 Violates 1st Amendment
Re: Re: Re:
I don't think big tent is really a bad thing, but your big tent should be about trying to find common ground and compromises to join together and act on the lowest common denominator actions that will benefit the whole tent not about pretending that everyone in the big tent has to believe everything everyone else in the tent believes and everyone in the tent has to "stand together" to get every horrible thing anyone throws out forced on everyone even if it's completely against their values.
On the post: Supreme Court Sides With Google In Decade-Long Fight Over API Copyright; Google's Copying Of Java API Is Fair Use
Re: Re:
Yeah but making your legal interpretations as broadly applicable as you can would alleviate the load in the long run.
If there are multiple decisions at play, to be more efficient they should start with the one that is broadest applicable (which would alleviate the most future load) and work their way narrower only after explaining why the decision on the broader one doesn't resolve the issue at hand..
Murky aspects are exactly why you need someone to make a call.. If they ruled on the copyrightable issue, it could potentially prevent a ton of burden from fair use cases which are completely unclear and are basically all case by case, or at least let us know that all that burden from fair use cases is unavoidable.
I'm sure they must know better than I do, I just haven't managed to find a satisfactory explanation to understand it myself.
On the post: Justice Thomas Goes Weird Again; Suggests Twitter Can't Moderate & Section 230 Violates 1st Amendment
Re:
It's not the liberals painting the conservatives as opponents of free speech and property rights that bothers me, thats what I'm doing :) It's the so called conservatives painting what they are doing as being backed by "conservative values" that bothers me..
On the post: Sony Ends Support For Playstation Store For PSP, PS3, and Vita
Re: Re: Re:
"you know that not all physical copies have DRM attached"
Yeah that's why there is the "if" in there. Also even if they do have DRM attached, it's might not needs continuous support from the company to connect to anything online to work.
The point wasn't that all physical copies won't work when support ends, it's that just buying physical copies isn't good enough to be sure it will.
If we are being honest though, your chances of original NES games still work unmodified on original Nes consoles 25 years after end of life are pretty good.. another 25 years from now, I would still put way better odds on a random NES game working on a nes compared to a random physical ps3 game on an unmodified ps3
On the post: Justice Thomas Goes Weird Again; Suggests Twitter Can't Moderate & Section 230 Violates 1st Amendment
Re:
Thus the scare quotes.. It's "I won't have that in my house".. Whatever you call it, just a decision by a private entity about their own actions and hard earned property I guess..
Certain things I feel trigger my conservative instincts and certain things trigger liberal ones, but these attempts to paint this sort of crap as conservative just piss me off.. Even if I don't agree with how everyone uses em, people gotta have some base amount of freedom in their lives that the government doesn't fuck with right? If you don't draw the line at deciding what you support or don't support with your own efforts where can you draw it?
On the post: Justice Thomas Goes Weird Again; Suggests Twitter Can't Moderate & Section 230 Violates 1st Amendment
"pre-empt state laws that protect speech from private censorship. "
"Private censorship" is pretty clearly a form of private speech.. and yeah the government can't force your church to allow sermons by muslims in the interest of forcing neutrality or whatever if the church owners don't want to.
and yeah, the first amendment pre-empts such state laws. That wut it for right? I would expect this stuff to be visceral level for any conservative
On the post: Supreme Court Sides With Google In Decade-Long Fight Over API Copyright; Google's Copying Of Java API Is Fair Use
Re: Re: Re:
A hyperlink is a good example of an API that most people are familiar with enough to understand how they work. You shouldn't really need an analogy
On the post: Supreme Court Sides With Google In Decade-Long Fight Over API Copyright; Google's Copying Of Java API Is Fair Use
Re:
As interesting idea about the dictionaries.. Is there actually a definable difference between a dictionary for english, latin and a made up one like your engineering example or a even a klingon or elven one?
On the post: Supreme Court Sides With Google In Decade-Long Fight Over API Copyright; Google's Copying Of Java API Is Fair Use
I Agree with the dissent that they should not have ignored the copyrightable questions.. I never understood the philosophy that courts often take that presents their role as solely to decide individual cases they are looking at and not making any decisions on how the laws should be interpreted unless it's absolutely unavoidable. As if their end goal is to have every citizen come up with their own unique interpretation of the law and they want as to reside over as many disputes as they can
On the post: Sony Ends Support For Playstation Store For PSP, PS3, and Vita
Re:
Having physical copies won't help you either if they have DRM in them that relies on something online
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