"""The judge said that Google made an unfair use of its highly dominant position (90 % of the search market in France) to crush competition, and that it could not have offered its Google Maps API for free if it was not because of how it planned on using the information on the very markets it has a highly dominant position upon (search and online ads)."""
Essentially, you are saying that Google is being punished for being successful. If they only had 30% of the search market, everything would have been fine, right? So it's all Google's fault for being a good search engine! It all makes sense, Google just needs to degrade their quality, thank you France for clearing that up for us!
That's disingenuous and you know it. Businesses spend MILLIONS upon millions of dollars to build up a brand name. Nike. Samsung. Apple. Levi's. Every company wants their brand to be synonymous with "high quality". For you to say "Too bad, that trademark is only ever a label" is bullshit. Branding is huge, mindshare is huge, and while you might be right about the technical legal aspect, that only goes to show that the legal aspect is fucked up. Yeah, you might think you're getting a Kodak camera, a brand you've trusted all your life, but instead you're just getting some slapped together piece of junk with "Kodak" stamped on it because some shell company bought the name at fire-sale prices when Kodak went Chapter 11. Therefore, as Nina is pointing out, NOT COOL.
"""Sounds like they must love the fact that McGinley can freely steal 150 works!!! """
Yes. Yes we do. Furthermore, we love the fact that we can all take a picture of three shirtless boys wearing shorts laying on the ground with their arms bent and not lose a copyright infringement lawsuit brought against us by a lunatic. Although I have no interest in photographing shirtless boys... not that there's anything wrong with that.
I think that she was pointing out that some people (like me!) have long believed that Pyrex meant the stuff that would not break when exposed to rapid heating and cooling, when in fact that is not the case, Pyrex is just a word some company can put on its brand of products, as you are pointing out with much ill grace.
Can you imagine the MPAA in a world with replacement cybernetic eyes? Say with full ultra-hi-def recording capabilities hardwired to your internal peta-meta-terabyte wet-drive?
Interesting side note, I read about a dude with a missing eye, he was having a "replacement" eye designed with a built in recording (or was it broadcasting?) device; he was going to record a documentary with it for that ultra-real POV feel.
Being in breach of contract is markedly different from a ruling of infringement. Can't see why the judge would have said the one if he meant the other.
Bullshit. Sorry man, but that is total bullshit, I refuse to believe UK law made this ruling inevitable.
He should have been able to recreate the photo using the exact same angle, lighting, composition, and photoshopping and STILL not be infringing because it is a new work, albeit derivative.
Of course, after the Rihanna bullshit here in the U.S., we don't have much of a leg to stand on either.
"""This was a fight on a platform we're not at this point comfortable with, and we were going up against an opponent that controls that platform."""
An opponent? WTF? Does he think he's up against Skynet?
Mr. O'Leary, I've got news for you, you're not just up against one opponent. If I may paraphrase the great poet Jay-Z, "You've got 9,999,999 problems and a bitch aint one."
On the post: Hadopi Sends Info On Those Accused (Not Convicted) Of Repeat Infringement On To Prosecutors
Re: Re: Uneven Punishment
On the post: UK Now Seizing Music Blogs (With American Domains) Over Copyright Claims
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All other worlds censorship: Shit is just GONE. Do not pass Go, do not collect $200, cause that shit is in Alcatraz, and it will never be seen again.
See the difference?
On the post: French Court Fails Digital Economics; Claims Free Google Maps Is Illegal
Re: You got it wrong
Essentially, you are saying that Google is being punished for being successful. If they only had 30% of the search market, everything would have been fine, right? So it's all Google's fault for being a good search engine! It all makes sense, Google just needs to degrade their quality, thank you France for clearing that up for us!
On the post: If The RIAA Wants To Talk About Misinformation Campaigns, Let's Start With The RIAA's Misinformation Campaign
Re:
And? This statement is completely factual.
Furthermore, seat belt laws do the same thing.
Control freaks want control. If it can be disguised as "for the public good" or "for the children", so much the better.
On the post: People Realizing That It Wasn't Google Lobbying That Stopped PIPA/SOPA
Re: Re: Yes, it was Google-- and the people Google pays....
On the post: Shattering pyrex To Show A Massive Weakness In Trademark Law
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On the post: Photographer Appeals Ruling Saying It's Not Infringement To Have Vaguely Similar Photos
Re: Gordon v McGinley
"""Sounds like they must love the fact that McGinley can freely steal 150 works!!! """
Yes. Yes we do. Furthermore, we love the fact that we can all take a picture of three shirtless boys wearing shorts laying on the ground with their arms bent and not lose a copyright infringement lawsuit brought against us by a lunatic. Although I have no interest in photographing shirtless boys... not that there's anything wrong with that.
On the post: Photographer Appeals Ruling Saying It's Not Infringement To Have Vaguely Similar Photos
Re: Gordon v McGinley
The guy did not copy her shit. Copying is taking her picture, putting it on a xerox machine, and pressing "Copy". He didn't do that. Grow up.
On the post: Photographer Appeals Ruling Saying It's Not Infringement To Have Vaguely Similar Photos
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Oh wait, no they aren't, Janine Gordon is just wrong in every way possible.
On the post: Shattering pyrex To Show A Massive Weakness In Trademark Law
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On the post: Shattering pyrex To Show A Massive Weakness In Trademark Law
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On the post: Copying Is Not Theft, But Censorship Is
Re: Re: yeah..
Only if you copy porn against its will.
On the post: Entertainment Industy Back To Demanding That Search Engines Censor The Web... Through 'Voluntary' Measures
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Sadly, unfortunately, FTFY.
On the post: UK Court Says You Can Copyright The Basic Idea Of A Photograph
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On the post: UK Court Says You Can Copyright The Basic Idea Of A Photograph
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On the post: UK Court Says You Can Copyright The Basic Idea Of A Photograph
Re:
On the post: UK Court Says You Can Copyright The Basic Idea Of A Photograph
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Interesting side note, I read about a dude with a missing eye, he was having a "replacement" eye designed with a built in recording (or was it broadcasting?) device; he was going to record a documentary with it for that ultra-real POV feel.
Ahh, found a link.
On the post: UK Court Says You Can Copyright The Basic Idea Of A Photograph
Re: Re:
On the post: UK Court Says You Can Copyright The Basic Idea Of A Photograph
Re: Re: Hmmm, smells like...
He should have been able to recreate the photo using the exact same angle, lighting, composition, and photoshopping and STILL not be infringing because it is a new work, albeit derivative.
Of course, after the Rihanna bullshit here in the U.S., we don't have much of a leg to stand on either.
On the post: MPAA Exec Admits: 'We're Not Comfortable With The Internet'
O'Leary is clueless
An opponent? WTF? Does he think he's up against Skynet?
Mr. O'Leary, I've got news for you, you're not just up against one opponent. If I may paraphrase the great poet Jay-Z, "You've got 9,999,999 problems and a bitch aint one."
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