GPL enforcement and litigation is easily found so I'll leave it to the reader, so should he/she be inclined to do so.
The GPL prevents other people from using your code in proprietary programs.
No, that's not what the GPL does. The GPL provides specific licenses to allow use of the code. In almost all cases, providing you release the code or make it available, the GPL is a nonissue.
Some companies use GPL code as part of their proprietary stuff without releasing the code. They get sued, and thus far have failed to win [like "lost" but with private settlements so hard to say] 100% of the time.
No, there isn't. I'll try not to bore you with the history but DNS was originally handled by the US military, then the US DoC. They created IANA and ICANN to offload the oversight and stuff. Both IANA and ICANN quickly became money-grubbing add-nothings. Karl Auerbach has expounded on this much better than I could so I recommend reading his thoughts.
At any rate
no treaties
all contract law as per registration "agreements" (look up "contract of adhesion" if you want to know your rights...)
failure to resolve and return a resource record is a no-no
Many times I personally purchase something (usually a real object on AMZ, not software on Steam, but then also Google App Store stuff for my phone).
Sometimes I have the time to USE or review it within minutes. That's not the usual case. Sometimes within days I can do so. That's not usual either. I have a UPS NIB I've yet to open after a year. I have an HTPC server NIB I've yet to open after two years. I have two teak benches I've yet to Allen-wrench let alone open the package.
The best methods should be... buy the thing, then when you open it, timer starts then. I shouldn't have to open it when it shows up. I bought it. It's mine. If I want to leave it on a shelf till I make time for it, that's my right.
Others have already addressed the absurdities of German courts, Swiss sites (err??) etc. Yup.
DNS is a one-way client-server lookup of resource records (RRs). Typically it is a search for an IP address (A record) or IPv6 address (AAAA record) as a result of a text string "domain.name.goes.here."
This is no different than an encyclopedia or a phone book, both of which have protection under US copyright laws. If a company chooses to publish one with records that reflect unlawful activity, that's a protected right in the US.
Disclosure: I run DNS servers. Some have subdomains administered by clients who set their own lookup name and RRs. None will be taken down based on any action of any court. Lawyers will get richer, and stupid laws will be denied.
The Internet is a communication medium and it allows a higher democratization and transparency in many avenues including sharing opinions, other speech, software, applications, etc. This is "good" in the general sense but it doesn't require or generate a necessary "improvement" in either the speech or software.
It was great to read recently on TD that Bethesda hired modders who had shown their mettle to work for them. This is good democratization. It is unfortunate that software not perceived as worth its price is being subjected to refunds. NOTE: I don't use this software, don't know its devs, so consider this an opinion in general. While I would like to say "If they wrote great software nobody would return it within two weeks" I know nothing of this. Like the OP I quoted, crybaby nonsense...
The Internet is not at fault. It's a communication medium. Can't blame it. Steam is not at fault. It's a portal/store/outlet. Buy from Steam or don't. You do have 100% of the choice there, and blaming them for ?something? is not really fair.
At the end of the day we all have options. Exercise them and live with your choice (consequences). Steam? Amazon? whatever. Go for it.
It's really not a good thing when media outlets accept the non-law-citing copyright maximalists.
THERE IS NO TAKEDOWN NOTICE.
There is only a notice of claimed infringement (17USC§512(3)).
It CAN'T be automated and comply with 17USC§512(3)(vi) which requires the notifying party to aver under oath.... which only a human can do.
Anyone who feelz differently is giving up the rights of their users in favor of the non-rights of the complaining bot (which has no rights and fails to follow the law.)
To summarize: there's NO SUCH THING AS A TAKEDOWN NOTICE and THERE ARE SPECIFIC RULES OF LAW AS TO notice of copyright infringement. Stop giving these people power they don't have under color of law.
How about going forward write it up as "unlawful notice and request for takedown."
It's amazing to me that a court would grant such a poorly worded injunction.
There are no illegal files. That's because files don't break the law. Having possession of a copy of a file may be unlawful (e.g. CSAM). Similarly but perhaps easier to understand, there are no illegal firearms ("gunz"). Having possession of a firearm that violates the law is unlawful (e.g. prohibited possessor, concealed carry, modifications to allow automatic fire, etc.)
Once you realize that monkeys can't own copyright, you may also reasonably notice that non-persons (a file, a torrent, a sawed-off firearm) can't violate the law. Only those people who make use of them may be violating a law.
It was stupid of the court on another level. Injunctions should only be granted where no other relief is available. In this case I would think an OSC would be all that's "needed." Nintendo didn't do their legwork to collect that massive $50/mo, like liens, garnishment, etc. and here they get rewarded with an injunction and a court order about destroying "illegal files."
The only example of an inanimate object being the object [no pun intended] of an order of a court is the very nefarious civil forfeiture where cash or assets are sued because they exist. With every LEO getting a cut, and "lawmakers" (lazy asses who bicker with each other as they pass lobbyist-written bills reducing their own constituents' rights) this is unlikely to change.
All it takes to get media airtime is to be an "expert" spouting off nonsense in a field in which one has no expertise.
At least President Biden has resources he COULD use to explain 1am and CDA Sec230. I sure wish pols would use those resources before opining. Same for "infection experts."
I live in Arizona and this is a normal consideration for all electronics. For a while I founded and ran two ISPs. Outdoor installations often are NOT as exposed as SL dishes. Sometimes they are in an in-ground "vault" and sometimes an above-ground "pedestal." In either case these have passive cooling due to a variety of factors.
These factors include a lack of space/power to place a direct gas expansion cooler. (think A/C unit size being bigger than the dish and making noise. Add in residential considerations like neighbors and HOAs and CCRs and this is a moot point.)
You can do non-active cooling -- energy exchangers -- but you typically are limited to both space (must be able to exhale energy) and technology (typically reduces temperatures 15-20°F at best.)
Even for devices without analog RF radios, it's tough to survive in the Arizona desert. ToughSwitches and Ubiquiti WiFi cams are two examples of "how soon will this die."
SL is no different in that regard. It's hardware that takes in power (energy) and in operating converts it to heat. It can't remove that heat in the presence of similar heat it's encased in (the air). Differential heat exchange requires a useful difference.
To summarize: ALL power-consuming devices of less than 100% efficiency must have a way to remove the generated heat. SL is just one more example.
Don't worry, people who can't write at a third-grade level.
a china firewall will be coming...
I appreciate that for some people legalized drugs are a thing, but this is absurd.
Learn to capitalize use a period (hint: looks like this ".") instead of an exclamation (hint: looks like this "!") and call your doctor in the morning letting him/her know you have ass-things coming out of your mouth.
Re: "faces serious liability issues"? NO, a "provider" only fine
...a corporation cannot be jailed...
Its directors and management sure can. Use a search engine and check out Kenneth Lay and Bernard Ebbers. There are many more, but these guys were tech CEOs within the last few years.
Also you entirely missed the point when you wrote about fines:
...and SMALL ones at that.
Mike's point that you missed that several hundred thousand dollars in fines is a rounding error for Google, FB, IG, etc., but it will kill sites (like TD) that can't afford it. (See e.g. Shiva Ayyadurai lawsuit or Hulk Hogan's suit against Buzzfeed.)
It's all well and good to be uninformed and yelling at Mike without understanding either the history or the facts. You do great at that. Try standup comedy -- on Fox.
Regulations, acts, laws, etc. like US CDA §230 (which many TD writers have discussed in detail) help creativity, self-publishing, and it protects you even if you are a dog.
Unfortunately censorship and control oriented governments like China, Russia, Iran, Turkey, and NOW THE UNITED STATES work hard on a daily basis to make the "network of interconnected networks" be the "network of firewalled networks" and worse yet "YOU, server host, YOU are responsible to ensure that no content makes it through our system.
The Chinese were not the first and they won't be the last, and since regulations always flow down, like shit down a sewer (sans voter initiatives -- often gutted IF they are passed).
If this was a Copia Institute post there would be questions for the reader on how to stop this very shitty incline. They say don't ask a question if you don't know the answer. They also say there's no such thing as a stupid question. They also say if you don't know, ask.
It feels like the traffic stop where if you LOOK at the officer you're presumed guilty (of something) and if you DON'T LOOK at the officer you're just as guilty. Or at the airport, if you're NERVOUS at the TSA JBTs you're carrying contraband. If you're 100% COOL AND RELAXED you're carrying contraband.
I'd love to see a win/win here, starting with keeping Sec 230 and maybe even adding it to it so that
Judges won't be hasty to remove protections Congress codified into law, and EXPLICITLY kept after the rest of the CDA was thankfully removed.
Add protections (like SLAPP equivalent and fee-shifting) so if a site is sued for protected UCG they can get a quick free dismissal and make their attorneys rich.
Truly I'm offended a lovable bear with such an upbeat attitude is being compared to Milo, Alex, Xi, Donny, and other pieces of human excrement. Sure, Mr. Pooh is not a real human being, but his kindness and actions are much more human than those people.
It's awesome that software can be sold by... um... the people who wrote it. That's such a new concept. Next thing they'll tell me Microsoft sells Windows [licenses], Qualcomm sells Eudora [based on T-bird], and Apple sells MacOS [licenses]...
AND THEY ALL DO THIS DIRECTLY!!! TO THE CONSUMER. My mind is blown.
No, nobody owes you anything, not even "probably." You "probably" should either read the law or consult a lawyer prior to opining on something.
Good-looking people even charge for the privilege of taking and publishing pictures of them... model release...
Yes, if you sit for a photo shoot, put on the clothing/accessories for the shoot, take a few hours to do it FOR THE SHOOT you get paid for it. Depending on how famous you are the revenues go from $50/hr to $5000/day with residuals.
However, when you're photographed without all that -- think TMZ.COM, ABC, BBC, RT, AFP, etc -- nobody pays you anything.
So either go to law school... consult a lawyer... or stop spreading BS about this stuff. NIL is a myth that athletic organizations are trying to spread. If you don't work for them, don't pretend this is a real thing. It never was, and unless Congress passes laws modifying current code it never will be.
Note: I am not a lawyer. I just know how to read. Try doing that.
This means -- in simple words -- you have no rights to sue if someone uses your dead relative's likeness, your living relative's likeness, or your likeness.
The court system has enough burdens to handle without these idiots who think intellectual property rights are a thing they have... but don't - under current US law.
Ehud "I'm not a lawyer and I'm not a stupid litigious jerk" Gavron
On the post: Sony Music Says DNS Service Is Implicated In Copyright Infringement At The Domains It Resolves
GPL
GPL enforcement and litigation is easily found so I'll leave it to the reader, so should he/she be inclined to do so.
No, that's not what the GPL does. The GPL provides specific licenses to allow use of the code. In almost all cases, providing you release the code or make it available, the GPL is a nonissue.
Some companies use GPL code as part of their proprietary stuff without releasing the code. They get sued, and thus far have failed to win [like "lost" but with private settlements so hard to say] 100% of the time.
E
On the post: Sony Music Says DNS Service Is Implicated In Copyright Infringement At The Domains It Resolves
Treaties about DNS servers
No, there isn't. I'll try not to bore you with the history but DNS was originally handled by the US military, then the US DoC. They created IANA and ICANN to offload the oversight and stuff. Both IANA and ICANN quickly became money-grubbing add-nothings. Karl Auerbach has expounded on this much better than I could so I recommend reading his thoughts.
At any rate
Ehud
On the post: Indie Game Dev Decides To Leave Industry Due To Steam Returns On Short Game
Timeframe for return
Many times I personally purchase something (usually a real object on AMZ, not software on Steam, but then also Google App Store stuff for my phone).
Sometimes I have the time to USE or review it within minutes. That's not the usual case. Sometimes within days I can do so. That's not usual either. I have a UPS NIB I've yet to open after a year. I have an HTPC server NIB I've yet to open after two years. I have two teak benches I've yet to Allen-wrench let alone open the package.
The best methods should be... buy the thing, then when you open it, timer starts then. I shouldn't have to open it when it shows up. I bought it. It's mine. If I want to leave it on a shelf till I make time for it, that's my right.
Same for software.
E
On the post: Sony Music Says DNS Service Is Implicated In Copyright Infringement At The Domains It Resolves
DNS as an encyclopedia
Others have already addressed the absurdities of German courts, Swiss sites (err??) etc. Yup.
DNS is a one-way client-server lookup of resource records (RRs). Typically it is a search for an IP address (A record) or IPv6 address (AAAA record) as a result of a text string "domain.name.goes.here."
This is no different than an encyclopedia or a phone book, both of which have protection under US copyright laws. If a company chooses to publish one with records that reflect unlawful activity, that's a protected right in the US.
Disclosure: I run DNS servers. Some have subdomains administered by clients who set their own lookup name and RRs. None will be taken down based on any action of any court. Lawyers will get richer, and stupid laws will be denied.
Ehud
On the post: Indie Game Dev Decides To Leave Industry Due To Steam Returns On Short Game
Re: Crybaby nonsense
^^^This.
The Internet is a communication medium and it allows a higher democratization and transparency in many avenues including sharing opinions, other speech, software, applications, etc. This is "good" in the general sense but it doesn't require or generate a necessary "improvement" in either the speech or software.
It was great to read recently on TD that Bethesda hired modders who had shown their mettle to work for them. This is good democratization. It is unfortunate that software not perceived as worth its price is being subjected to refunds. NOTE: I don't use this software, don't know its devs, so consider this an opinion in general. While I would like to say "If they wrote great software nobody would return it within two weeks" I know nothing of this. Like the OP I quoted, crybaby nonsense...
The Internet is not at fault. It's a communication medium. Can't blame it. Steam is not at fault. It's a portal/store/outlet. Buy from Steam or don't. You do have 100% of the choice there, and blaming them for ?something? is not really fair.
At the end of the day we all have options. Exercise them and live with your choice (consequences). Steam? Amazon? whatever. Go for it.
E
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Re: Re: Takedown notice
Sorry, Thad, you need to read for comprehension.
It's not "wrong words". It's "there is no such thing."
I appreciate your trying to make me a better TD reader, but to do that you'll need to understand what you read first. Best wishes for that.
E
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
Takedown notice
It's really not a good thing when media outlets accept the non-law-citing copyright maximalists.
THERE IS NO TAKEDOWN NOTICE.
There is only a notice of claimed infringement (17USC§512(3)).
It CAN'T be automated and comply with 17USC§512(3)(vi) which requires the notifying party to aver under oath.... which only a human can do.
Anyone who feelz differently is giving up the rights of their users in favor of the non-rights of the complaining bot (which has no rights and fails to follow the law.)
To summarize: there's NO SUCH THING AS A TAKEDOWN NOTICE and THERE ARE SPECIFIC RULES OF LAW AS TO notice of copyright infringement. Stop giving these people power they don't have under color of law.
How about going forward write it up as "unlawful notice and request for takedown."
E
On the post: Court Orders Injunction Against RomUniverse To Permanently Shut Down, Destroy Nintendo ROMs
Stupid court thingie...
It's amazing to me that a court would grant such a poorly worded injunction.
There are no illegal files. That's because files don't break the law. Having possession of a copy of a file may be unlawful (e.g. CSAM). Similarly but perhaps easier to understand, there are no illegal firearms ("gunz"). Having possession of a firearm that violates the law is unlawful (e.g. prohibited possessor, concealed carry, modifications to allow automatic fire, etc.)
Once you realize that monkeys can't own copyright, you may also reasonably notice that non-persons (a file, a torrent, a sawed-off firearm) can't violate the law. Only those people who make use of them may be violating a law.
It was stupid of the court on another level. Injunctions should only be granted where no other relief is available. In this case I would think an OSC would be all that's "needed." Nintendo didn't do their legwork to collect that massive $50/mo, like liens, garnishment, etc. and here they get rewarded with an injunction and a court order about destroying "illegal files."
The only example of an inanimate object being the object [no pun intended] of an order of a court is the very nefarious civil forfeiture where cash or assets are sued because they exist. With every LEO getting a cut, and "lawmakers" (lazy asses who bicker with each other as they pass lobbyist-written bills reducing their own constituents' rights) this is unlikely to change.
E
On the post: In-N-Out Burger Continues Suing Australian Burger Slingers Despite Having No Presence In The Country Other Than Popups
Trademarks for burgers in Australia
Look up "Hungry Jack's" burgers.
Then you can stop the tone-deaf mashing on Aussies for burger trademarks.
E
On the post: No, The White House Isn't Colluding With Facebook To Silence Dissent; But It Sure Could Have Handled Things Better
"experts" opining on things in which they have no expertise
https://www.cnbc.com/2021/07/16/doctor-agrees-with-biden-that-facebook-is-killing-people-with-covid- misinformation.html
All it takes to get media airtime is to be an "expert" spouting off nonsense in a field in which one has no expertise.
At least President Biden has resources he COULD use to explain 1am and CDA Sec230. I sure wish pols would use those resources before opining. Same for "infection experts."
E
On the post: Elon Musk's 'Next-Gen' Broadband Service Is Overheating In The Arizona Desert
Heat and energy dissipation
I live in Arizona and this is a normal consideration for all electronics. For a while I founded and ran two ISPs. Outdoor installations often are NOT as exposed as SL dishes. Sometimes they are in an in-ground "vault" and sometimes an above-ground "pedestal." In either case these have passive cooling due to a variety of factors.
These factors include a lack of space/power to place a direct gas expansion cooler. (think A/C unit size being bigger than the dish and making noise. Add in residential considerations like neighbors and HOAs and CCRs and this is a moot point.)
You can do non-active cooling -- energy exchangers -- but you typically are limited to both space (must be able to exhale energy) and technology (typically reduces temperatures 15-20°F at best.)
Even for devices without analog RF radios, it's tough to survive in the Arizona desert. ToughSwitches and Ubiquiti WiFi cams are two examples of "how soon will this die."
SL is no different in that regard. It's hardware that takes in power (energy) and in operating converts it to heat. It can't remove that heat in the presence of similar heat it's encased in (the air). Differential heat exchange requires a useful difference.
To summarize: ALL power-consuming devices of less than 100% efficiency must have a way to remove the generated heat. SL is just one more example.
Ehud
Tucson, AZ
110°F in the shade right now.
On the post: China Warns Microsoft That LinkedIn Isn't Suppressing Enough Voices
Re: it's all about control....
Don't worry, people who can't write at a third-grade level.
I appreciate that for some people legalized drugs are a thing, but this is absurd.
Learn to capitalize use a period (hint: looks like this ".") instead of an exclamation (hint: looks like this "!") and call your doctor in the morning letting him/her know you have ass-things coming out of your mouth.
Night, Troll-eeple.
E
On the post: EA College Sports Is Back, But Some Schools Are Opting Out Until Name, Image, Likeness Rules Are Created To Compensate Athletes
Re: Re: Re: Re: Not sure EA is the problem...
I know, you think "lawyer" is about "state to state".
They'll teach you about venue in your 1L.
E
On the post: House Republicans Want To Flip Section 230 On Its Head, Bring Back Distributor Liability
Re: "faces serious liability issues"? NO, a "provider" only fine
Its directors and management sure can. Use a search engine and check out Kenneth Lay and Bernard Ebbers. There are many more, but these guys were tech CEOs within the last few years.
Also you entirely missed the point when you wrote about fines:
Mike's point that you missed that several hundred thousand dollars in fines is a rounding error for Google, FB, IG, etc., but it will kill sites (like TD) that can't afford it. (See e.g. Shiva Ayyadurai lawsuit or Hulk Hogan's suit against Buzzfeed.)
It's all well and good to be uninformed and yelling at Mike without understanding either the history or the facts. You do great at that. Try standup comedy -- on Fox.
E
On the post: China Warns Microsoft That LinkedIn Isn't Suppressing Enough Voices
Regulation and Balkanization
Regulations can help creativity, freedom of expression, everyone is an author, but they can also be a dog: https://en.wikipedia.org/wiki/On_the_Internet,_nobody_knows_you%27re_a_dog
Regulations, acts, laws, etc. like US CDA §230 (which many TD writers have discussed in detail) help creativity, self-publishing, and it protects you even if you are a dog.
Unfortunately censorship and control oriented governments like China, Russia, Iran, Turkey, and NOW THE UNITED STATES work hard on a daily basis to make the "network of interconnected networks" be the "network of firewalled networks" and worse yet "YOU, server host, YOU are responsible to ensure that no content makes it through our system.
The Chinese were not the first and they won't be the last, and since regulations always flow down, like shit down a sewer (sans voter initiatives -- often gutted IF they are passed).
If this was a Copia Institute post there would be questions for the reader on how to stop this very shitty incline. They say don't ask a question if you don't know the answer. They also say there's no such thing as a stupid question. They also say if you don't know, ask.
It feels like the traffic stop where if you LOOK at the officer you're presumed guilty (of something) and if you DON'T LOOK at the officer you're just as guilty. Or at the airport, if you're NERVOUS at the TSA JBTs you're carrying contraband. If you're 100% COOL AND RELAXED you're carrying contraband.
I'd love to see a win/win here, starting with keeping Sec 230 and maybe even adding it to it so that
Ehud
On the post: PC Game 'Devotion' Is Back, Now Being Sold Directly By The Developer
On behalf of Winnie the Pooh
Truly I'm offended a lovable bear with such an upbeat attitude is being compared to Milo, Alex, Xi, Donny, and other pieces of human excrement. Sure, Mr. Pooh is not a real human being, but his kindness and actions are much more human than those people.
It's awesome that software can be sold by... um... the people who wrote it. That's such a new concept. Next thing they'll tell me Microsoft sells Windows [licenses], Qualcomm sells Eudora [based on T-bird], and Apple sells MacOS [licenses]...
AND THEY ALL DO THIS DIRECTLY!!! TO THE CONSUMER. My mind is blown.
With respect to Pooh,
E
On the post: EA College Sports Is Back, But Some Schools Are Opting Out Until Name, Image, Likeness Rules Are Created To Compensate Athletes
Re: Re: Not sure EA is the problem...
No, nobody owes you anything, not even "probably." You "probably" should either read the law or consult a lawyer prior to opining on something.
Yes, if you sit for a photo shoot, put on the clothing/accessories for the shoot, take a few hours to do it FOR THE SHOOT you get paid for it. Depending on how famous you are the revenues go from $50/hr to $5000/day with residuals.
However, when you're photographed without all that -- think TMZ.COM, ABC, BBC, RT, AFP, etc -- nobody pays you anything.
So either go to law school... consult a lawyer... or stop spreading BS about this stuff. NIL is a myth that athletic organizations are trying to spread. If you don't work for them, don't pretend this is a real thing. It never was, and unless Congress passes laws modifying current code it never will be.
Note: I am not a lawyer. I just know how to read. Try doing that.
E
On the post: Deepfake Of Tom Cruise Has Everyone Freaking Out Prematurely
Re: Re: Bad news -- NO, you're WRONG.
Is that you and the mouse in your pocket? The lawyers do decide everything, but that's after they get upgraded lawyer-->lawmaker.
You do not have any rights to your likeness, like it or not. Neither do randos that say they're related to you. NONE, ZERO, ZILCH.
If you don't like it, feel free to run for Congress and pass more stupid laws... and good luck finding a constitutional support for your ideas!
E
On the post: Deepfake Of Tom Cruise Has Everyone Freaking Out Prematurely
Bad news
Sorry, relatives of dead people, you don't own the rights to their likeness.
https://www.owe.com/resources/legalities/7-issues-regarding-use-someones-likeness/
This means -- in simple words -- you have no rights to sue if someone uses your dead relative's likeness, your living relative's likeness, or your likeness.
The court system has enough burdens to handle without these idiots who think intellectual property rights are a thing they have... but don't - under current US law.
Ehud "I'm not a lawyer and I'm not a stupid litigious jerk" Gavron
On the post: Dish, Space X Battle At The Broadband Subsidy Trough
Re: Re: Re: Re: Re: Do SpaceX deserve the subsidy?
Yes. You should. It's the American Dream™.
You're confusing Elon for his dad. Check out https://www.biography.com/business-figure/elon-musk and then go check out PayPal and other ventures he's been involved in.
If you think these sources are biased google "musk emerald" and note that the references are all to his dad, not to Elon.
I'm having trouble reconciling pulling oneself by the bootstraps and "unearned" wealth. It's either you earned it or you didn't.
I'll go with Elon on this one.
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