That 'fail' points back to you. The statement didn't address the question of a tortilla being bread. It's key elements were "slices" and "between". A tortilla is not sliced, and the content is wrapped within rather than captured between.
If the argument is going to be over exact definitions and phrasing, well, "technically correct is the best kind of correct".
And don't try to construct a definition that is so general such that you end up with an absurd result such as donuts, Oreos, fried chicken or tempura fitting the category.
The exact definition of a sandwich really does depend on the context.
In the context of a mall writing a lease that grants an exclusive sandwich market to a single business, a burrito arguably shouldn't count as a sandwich. The lease clearly didn't mean to exclude all other food places, or it would have been more broadly written. And a burrito, typically filled with rice and beans, and fully wrapped, isn't all that close to a submarine sandwich or a burger. (A 'wrap' might result in a different decision, but that's not at issue here.)
I hope they are careful to not create dust when dismantling or destroying the object. I hear that you can get 'Teh Gay' by inhaling it. (Smashing indirect symbols of what you want to eliminate often has that effect.)
This isn't confusingly similar to me, and I consider myself a "reasonable man".
I'm under no impression that I'm buying Don Henley. I can see that they are trying to evoke something by making a reference, but it's not confusing. I know it's advertising a shirt, that shirt is probably not endorsed by Don Henley and I probably wouldn't want to actually wear it to Don Henley concert.
It doesn't matter.. it's not as if foreigners are human.
The proof of this is easy. The Constitution lists (but does not fully enumerate) 'natural rights'.. rights that are inherent to every person. But the government doesn't apply these natural rights to foreigners. Ergo...
It might be a feature on certain WiFi access points, but that doesn't mean that jamming is legal.
The FCC is asserting that deliberate interference with radio communication, "jamming", is not allowed. Period. Full stop. You can use the bands without a license, subject to ERP (power) limits. You can even heavily use the bands. But you can't do something to deliberately block someone else from using the spectrum, even if you handwave and say that it's pretty much like just using the band.
Hmmm, I you might carefully consider your qualifications before lecturing Ferrari on the optimal pricing strategy.
The Ferrari brand is the most important asset of the company. Not the factory, the designs or the inventory. They make far more on logo-wear, laptops, messenger bags, etc. than on selling cars. But all of that high-margin revenue goes away if the car brand fades.
They have obviously decided that the best way to maintain the value of the brand is to build high performance cars that are actively used, rather than jewelry.
More on Nightengale -- she is (was?) essentially a lecturer at MIT, not a tenured or tenure-track professor. She is a "Professor of Practice" (although I thought that MIT didn't have that position).
She co-lectured a course in 2004, probably with the title 'lecturer'. The 'Professor of Practice' title appears to have been added when she taught MIT-branded summer weekend courses 2010 and 2012.
Apart from a book, which seems to have been written primarily to promote her consulting business, the is little in the way of academic activity.
A pparently she is currently an independent contractor, getting a $39K contract from the Dept of Veteran Affairs as a for-profit 'SBA Certified Small Disadvantaged Business' -- definitely not through MIT.
There appear to be a half-dozen "directors" listed. You can apparently be a "director" without being MIT faculty, just MIT affiliated.
Her info page also lists her as being (present tense) a co-director of the Lean Advancement Initiative. The info page lists that consortium as being inactive as of 2012.
She also claims to be affiliated with MIT's Aero-Astro program. Yet her name doesn't appear on the faculty list.
I'll add a few facts, to provide a basis for the discussion.
The code in question was already resident in the oscilloscope.
There was no copying involved. (Any argument about "copying" from flash to RAM to instruction decoder has no legal relevance. The established precedent is that if such transfers are needed to make use of the distribution media, the transfers are not 'copying' for the purposes of copyright law.
The only thing this "hack" does is change a single number, the SKU number. It doesn't provide a decryption key, or teach a new algorithm.
As far as owning the equipment, that has little to do with copyright.
Edison claimed to own the copyright on all phonographic recordings, and was moving to similarly claim all motion pictures. Imagine how the world would have turned out if patent holders or equipment owners had prevailed in those claims.
Today that claim would be even stronger. There is a lot of art, not just obvious decisions, in designing an image sensor and software. The guy pressing the 'shutter' button isn't really doing much of creative work -- he could be replaced by a monkey.
I don't understand why DRM material is eligible for copyright protection.
It does not fulfill the constitutional objective of granting a monopoly for a limited period of time in exchange for the invention or writing being in the public domain thereafter.
Trade secrets don't get patent protection, why should DRM or "licensed" material get copyright protection?
Also, in general a refund, a unilateral reversal of a sales transaction, isn't an equitable exchange. People buy something because it has more utility or value to them than the selling price. While that might not continue to be true with these specific e-books or for a specific buyer, that's not the seller's decision to make.
Remember that the legislative staffers were threatened with criminal prosecution. The CIA brought in the DOJ investigators earlier this year.
That might have more of an effect than most people give credit to.
I was once threatened with prosecution because I didn't go along with another department's plan: the commercialization office wanted to license something that had been planned and funded as freely available. They referred the issue to the agency IG's office, claiming it was an export violation.
There were lots of political tussles that I've long since forgiven (and mostly forgotten), but not that one.
However far-fetched the theory, an explicit threat of being sent to prison for doing your job well isn't taken well. The senate staffers, who do most of the internal work and thus make most of the decisions, are going to be taking the Torture Report black-outs personally. Especially since it appears that nothing is going to be done about the CIA people that monitored and spied on them, and then denied that they did so.
Oh, wait, I was thinking of "Don't suspect your neighbor, turn them in!". From Brazil. A movie. Over-the-top fiction, at the time. It's now must less engaging because it looks like regular life.
Well I'll be charitable to the AirBnB model. It's not anything new. But being able to efficiently do it "on the internet" is transformative. Previously you couldn't effectively advertise your single room worldwide, nor efficiently run a booking service.
On the post: DailyDirt: The Legal Definition Of What You're Eating...
If the argument is going to be over exact definitions and phrasing, well, "technically correct is the best kind of correct".
And don't try to construct a definition that is so general such that you end up with an absurd result such as donuts, Oreos, fried chicken or tempura fitting the category.
On the post: DailyDirt: The Legal Definition Of What You're Eating...
In the context of a mall writing a lease that grants an exclusive sandwich market to a single business, a burrito arguably shouldn't count as a sandwich. The lease clearly didn't mean to exclude all other food places, or it would have been more broadly written. And a burrito, typically filled with rice and beans, and fully wrapped, isn't all that close to a submarine sandwich or a burger. (A 'wrap' might result in a different decision, but that's not at issue here.)
On the post: Federal Judge Says Public Has Right To Know About FBI's Biometric Database, Awards $20,000 In Legal Fees To FOIA Requester
On the post: District Superintendent Claims 14-Year-Old Student Bullied Her By Using Her Photo In A Criminal Justice Class Project
That's sending a message that learning "the System" is more important than learning the Constitution.
On the post: Russia Dismantles Steve Jobs Memorial, Fearing That Tim Cook's Homosexuality Might Be Contagious
On the post: Verizon: 'Title II Is Not The Answer... Except When It Gives Us Massive Subsidies, Then It's Totally The Answer'
On the post: FDA Is Angry That ICANN Won't Just Censor Websites On Its Say So
On the post: Don Henley Sues Clothing Retailer Over Its Use Of Common English Words
I'm under no impression that I'm buying Don Henley. I can see that they are trying to evoke something by making a reference, but it's not confusing. I know it's advertising a shirt, that shirt is probably not endorsed by Don Henley and I probably wouldn't want to actually wear it to Don Henley concert.
On the post: DOJ In Silk Road Case: The FBI Doesn't Need Warrants To Hack Foreign Servers
The proof of this is easy. The Constitution lists (but does not fully enumerate) 'natural rights'.. rights that are inherent to every person. But the government doesn't apply these natural rights to foreigners. Ergo...
On the post: FCC Fines Marriott For Jamming Customers' WiFi Hotspots To Push Them Onto Hotel's $1,000 Per Device WiFi
The FCC is asserting that deliberate interference with radio communication, "jamming", is not allowed. Period. Full stop. You can use the bands without a license, subject to ERP (power) limits. You can even heavily use the bands. But you can't do something to deliberately block someone else from using the spectrum, even if you handwave and say that it's pretty much like just using the band.
On the post: Ferrari 'DRM:' Don't Screw With Our Logos And We'll Let You Know If It's OK To Sell Your Car
The Ferrari brand is the most important asset of the company. Not the factory, the designs or the inventory. They make far more on logo-wear, laptops, messenger bags, etc. than on selling cars. But all of that high-margin revenue goes away if the car brand fades.
They have obviously decided that the best way to maintain the value of the brand is to build high performance cars that are actively used, rather than jewelry.
On the post: Huffington Post Doubles Down, Has MIT Professor Spread Blatant Falsehoods About Creation Of Email
She co-lectured a course in 2004, probably with the title 'lecturer'. The 'Professor of Practice' title appears to have been added when she taught MIT-branded summer weekend courses 2010 and 2012.
Apart from a book, which seems to have been written primarily to promote her consulting business, the is little in the way of academic activity.
On the post: Huffington Post Doubles Down, Has MIT Professor Spread Blatant Falsehoods About Creation Of Email
http://government-contractors.findthebest.com/l/270482/Deborah-Nightingale-in-Boston-MA
A pparently she is currently an independent contractor, getting a $39K contract from the Dept of Veteran Affairs as a for-profit 'SBA Certified Small Disadvantaged Business' -- definitely not through MIT.
On the post: Huffington Post Doubles Down, Has MIT Professor Spread Blatant Falsehoods About Creation Of Email
http://ssrc.mit.edu/people
I don't see Deborah Nightingale listed.
There appear to be a half-dozen "directors" listed. You can apparently be a "director" without being MIT faculty, just MIT affiliated.
Her info page also lists her as being (present tense) a co-director of the Lean Advancement Initiative. The info page lists that consortium as being inactive as of 2012.
She also claims to be affiliated with MIT's Aero-Astro program. Yet her name doesn't appear on the faculty list.
http://aeroastro.mit.edu/faculty-research/faculty-list
Apart from her self-written bio (hmmm, a theme), where is there evidence of what she has actually done?
On the post: Tektronix Uses DMCA Notice To Try To Stop Oscilloscope Hacking
The code in question was already resident in the oscilloscope.
There was no copying involved. (Any argument about "copying" from flash to RAM to instruction decoder has no legal relevance. The established precedent is that if such transfers are needed to make use of the distribution media, the transfers are not 'copying' for the purposes of copyright law.
The only thing this "hack" does is change a single number, the SKU number. It doesn't provide a decryption key, or teach a new algorithm.
On the post: Photographer Still Insisting He Holds Copyright On Photo By A Monkey, Hints At Possibly Suing Wikimedia
Edison claimed to own the copyright on all phonographic recordings, and was moving to similarly claim all motion pictures. Imagine how the world would have turned out if patent holders or equipment owners had prevailed in those claims.
Today that claim would be even stronger. There is a lot of art, not just obvious decisions, in designing an image sensor and software. The guy pressing the 'shutter' button isn't really doing much of creative work -- he could be replaced by a monkey.
On the post: DRM Performs Another Miracle, Turns Purchased Childrens Books Into Nothing At All
It does not fulfill the constitutional objective of granting a monopoly for a limited period of time in exchange for the invention or writing being in the public domain thereafter.
Trade secrets don't get patent protection, why should DRM or "licensed" material get copyright protection?
Also, in general a refund, a unilateral reversal of a sales transaction, isn't an equitable exchange. People buy something because it has more utility or value to them than the selling price. While that might not continue to be true with these specific e-books or for a specific buyer, that's not the seller's decision to make.
On the post: White House Finishes Review Of CIA Terror Report: Feinstein Wants To Know Why It's Basically All Blacked Out
Remember that the legislative staffers were threatened with criminal prosecution. The CIA brought in the DOJ investigators earlier this year.
That might have more of an effect than most people give credit to.
I was once threatened with prosecution because I didn't go along with another department's plan: the commercialization office wanted to license something that had been planned and funded as freely available. They referred the issue to the agency IG's office, claiming it was an export violation.
There were lots of political tussles that I've long since forgiven (and mostly forgotten), but not that one.
However far-fetched the theory, an explicit threat of being sent to prison for doing your job well isn't taken well. The senate staffers, who do most of the internal work and thus make most of the decisions, are going to be taking the Torture Report black-outs personally. Especially since it appears that nothing is going to be done about the CIA people that monitored and spied on them, and then denied that they did so.
On the post: NY Port Authority Claims To Own The NYC Skyline: Tells Store To Destroy Skyline-Themed Plates
Oh, wait, I was thinking of "Don't suspect your neighbor, turn them in!". From Brazil. A movie. Over-the-top fiction, at the time. It's now must less engaging because it looks like regular life.
On the post: Yes, The Guys Using Legal Loopholes To Screw Over An AirBnB Host Likely Also Scammed Kickstarter Backers
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