///mdriver
Sep 12, 02:35 PM
will search and quick scroll be in my ipod's next update?
cmaier
Nov 13, 11:51 PM
Which law firm please. We'd all like to know for future reference, who to not trust our cases with. While most law has to do with the letter of the law, jury trials often are won or lost based on what the jury believes to be the intent or spirit of the law.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
Wow. That's quite a diatribe. Historically inaccurate, too. English common law descends from the Roman system of laws that predates christianity (and which was not based on judaism) and from Saxon law, which also has nothing to do with judeo-christian ethics.
And juries are given instructions to follow the letter of the law as explained to them by the judge. Further, in the U.S. system, only matters at law, not equity, are subject to jury trial, and, in many cases, only if the defendant demands a jury trial.
You say:
"You are either deliberately infringing on the rights of others or you are not."
Ok. So when your third grader copies a few quotes from a book for his book report, he is infringing the copyright statute. But, of course, you complain that it's not the letter of the law that matters - it's the spirit. That's why judges came up with the fair use defense (later codified into the statute).
But what if the third grader copies 10 quotes? Still okay? A chapter? How about now? Where's the dividing line? What if instead of a third grader, it's another author who copies a few of the best quotes and competes with the first author? How about then? Gets more complicated, huh?
And that's why the fair use defense has evolved into a complicated legal test involving multiple factors. Among the factors:
the purpose and character of your use
the nature of the copyrighted work
the amount and substantiality of the portion taken, and
the effect of the use upon the potential market.
Let's look at these.
1) the purpose and character of your use
This is often called the transformative test. Am I creating something new and different and worthwhile to society, involving my own creativity? Many people say that the use in this case was pretty creative and useful, but let's assume no. So this factor weighs against fair use.
2) the nature of the copyrighted work
Published works, such as these icons, are entitled to less protection than unpublished. Also, factual or representative works, such as icons, are entitled to less protection than creative works like novels. So this factor weighs for fair use.
3) the amount and substantiality of the portion taken, and
A handful of icons out of an entire operating system? Seems small to me. Weighs for fair use.
4) the effect of the use upon the potential market.
By using these icons, is the "infringer" somehow preventing Apple from selling this sort of software, or preventing Apple from selling these icons? No. Again, weighs for fair use.
You simultaneously argue that things are black and white (you either infringe or you don't) and then you argue that the spirit of the law matters, not the letter. You argue for a bright line test, then for shades of gray.
Well, the answer is a little of both, but men and women far smarter than you have come up with the best tests they can to figure out how to deal with these fuzzy situations.
You can go to church and pray instead of going to court, if you'd like, but for those of us that believe in the legal system, we take solace in the fact that things really aren't black and white, and yet there is a framework in place that let's us try and figure these things out.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
Wow. That's quite a diatribe. Historically inaccurate, too. English common law descends from the Roman system of laws that predates christianity (and which was not based on judaism) and from Saxon law, which also has nothing to do with judeo-christian ethics.
And juries are given instructions to follow the letter of the law as explained to them by the judge. Further, in the U.S. system, only matters at law, not equity, are subject to jury trial, and, in many cases, only if the defendant demands a jury trial.
You say:
"You are either deliberately infringing on the rights of others or you are not."
Ok. So when your third grader copies a few quotes from a book for his book report, he is infringing the copyright statute. But, of course, you complain that it's not the letter of the law that matters - it's the spirit. That's why judges came up with the fair use defense (later codified into the statute).
But what if the third grader copies 10 quotes? Still okay? A chapter? How about now? Where's the dividing line? What if instead of a third grader, it's another author who copies a few of the best quotes and competes with the first author? How about then? Gets more complicated, huh?
And that's why the fair use defense has evolved into a complicated legal test involving multiple factors. Among the factors:
the purpose and character of your use
the nature of the copyrighted work
the amount and substantiality of the portion taken, and
the effect of the use upon the potential market.
Let's look at these.
1) the purpose and character of your use
This is often called the transformative test. Am I creating something new and different and worthwhile to society, involving my own creativity? Many people say that the use in this case was pretty creative and useful, but let's assume no. So this factor weighs against fair use.
2) the nature of the copyrighted work
Published works, such as these icons, are entitled to less protection than unpublished. Also, factual or representative works, such as icons, are entitled to less protection than creative works like novels. So this factor weighs for fair use.
3) the amount and substantiality of the portion taken, and
A handful of icons out of an entire operating system? Seems small to me. Weighs for fair use.
4) the effect of the use upon the potential market.
By using these icons, is the "infringer" somehow preventing Apple from selling this sort of software, or preventing Apple from selling these icons? No. Again, weighs for fair use.
You simultaneously argue that things are black and white (you either infringe or you don't) and then you argue that the spirit of the law matters, not the letter. You argue for a bright line test, then for shades of gray.
Well, the answer is a little of both, but men and women far smarter than you have come up with the best tests they can to figure out how to deal with these fuzzy situations.
You can go to church and pray instead of going to court, if you'd like, but for those of us that believe in the legal system, we take solace in the fact that things really aren't black and white, and yet there is a framework in place that let's us try and figure these things out.
Zeldain
Mar 22, 02:12 PM
Sandy Bridge Xeon's are due in November.
I wouldn't be surprised if the iMac and new Mac mini are the replacement for the Mac Pro.
With Thunderbolt, you will be able to connect the new iMac or Mac mini of them to Fibre Channel arrays, have three displays or use external PCI chassis for existing PCIe cards. iMac CPU performance with the desktop Sandy Bridge CPUs will exceed most Mac Pro configurations. The new iMac's ability to use 32GB of RAM matches the Mac Pro too. You can configure the iMac using SSDs for less than the price of the Mac Pro too.
By the time November comes around, Thunderbolt may cause the death of the Mac Pro.
Graphics performance.
I wouldn't be surprised if the iMac and new Mac mini are the replacement for the Mac Pro.
With Thunderbolt, you will be able to connect the new iMac or Mac mini of them to Fibre Channel arrays, have three displays or use external PCI chassis for existing PCIe cards. iMac CPU performance with the desktop Sandy Bridge CPUs will exceed most Mac Pro configurations. The new iMac's ability to use 32GB of RAM matches the Mac Pro too. You can configure the iMac using SSDs for less than the price of the Mac Pro too.
By the time November comes around, Thunderbolt may cause the death of the Mac Pro.
Graphics performance.
zin
Mar 22, 03:18 PM
Yay. This is what I've been waiting for.
Perhaps we will get a good GPU this time with at least 512 MB VRAM :eek: :rolleyes:
Perhaps we will get a good GPU this time with at least 512 MB VRAM :eek: :rolleyes:
p0intblank
Oct 12, 01:34 PM
Wow, it looks like it's finally happening. Sweet! :D
BornAgainMac
Apr 22, 01:31 PM
I expect Apple to have FaceTime HD on the next Air.
bradc
Sep 10, 11:34 AM
Not naming names, but I find it funny how everyone suddenly becomes an engineer.:rolleyes:
.jpg "six flags over georgia map 2011. six flags over georgia map; six flags over georgia map. BornAgainMac. Aug 17, 09:19 AM")
segfaultdotorg
Apr 22, 01:31 PM
Again, why bother unless they will include a coupon for a free OS upgrade when Lion comes out in a couple of months?
joel8x
Oct 12, 04:02 PM
This site is so wierd - 10 people actually clicked on the negative rating to this story like there is anything negative about it.
Adolfo
Nov 13, 04:25 PM
So I guess this puts every iPhone VNC client in violation of Apple's terms as it would be displaying Apple copyrighted images...
I'm on RA's side on this one!
I'm on RA's side on this one!
bassfingers
Apr 19, 11:43 PM
Face it...your ideas are crap.
The free market would suck if it were run in the way your brain imagines it. But imagine if you ran a company, and your chief goal is to make a profit. Having happy employees who are payed fairly and receive vacation days, benefits, etc, is definitely a better business model than working your employees like slaves.
Benefits shouldn't be government regulated. However, the slave labor that you describe should most certainly not be allowed, duh. Try cutting back on the straw man argument some.
It's humorous that when people imagine a free market, they ignore that in a free market, employers would be fighting for good employees as much as employees are fighting for the employers.
It's sad that the government is the largest charity, because it's just so darn inefficient. I have an idea. Private charity.
For all the bleeding heart liberals I've spoken with over the years, who want crazy amounts taxed in order to support social uplift programs, I never see any of them giving away 50+% of their income to charity. It's a lot easier to ask the government to give other peoples money to charity.
I can tell you right now that my family gives >50% of its total income.
However, if you think that taxes = charity, what incentive do you have to give? (to the organizations that are 90+% efficient rather than whatever the crap the government is)
"I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them."
-Thomas effing Jefferson
The free market would suck if it were run in the way your brain imagines it. But imagine if you ran a company, and your chief goal is to make a profit. Having happy employees who are payed fairly and receive vacation days, benefits, etc, is definitely a better business model than working your employees like slaves.
Benefits shouldn't be government regulated. However, the slave labor that you describe should most certainly not be allowed, duh. Try cutting back on the straw man argument some.
It's humorous that when people imagine a free market, they ignore that in a free market, employers would be fighting for good employees as much as employees are fighting for the employers.
It's sad that the government is the largest charity, because it's just so darn inefficient. I have an idea. Private charity.
For all the bleeding heart liberals I've spoken with over the years, who want crazy amounts taxed in order to support social uplift programs, I never see any of them giving away 50+% of their income to charity. It's a lot easier to ask the government to give other peoples money to charity.
I can tell you right now that my family gives >50% of its total income.
However, if you think that taxes = charity, what incentive do you have to give? (to the organizations that are 90+% efficient rather than whatever the crap the government is)
"I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them."
-Thomas effing Jefferson
nagromme
Oct 12, 03:00 PM
I'm all for AIDS prevention, but there's not a single aspect of this story that doesn't strike me as crass and exploitative.
Agreed. Apple should stop being so exploitative and give nothing! :o
Apple's not the first in the RED program. Maybe the program HAS done some good and thus is continuing?
Here's a challenge. How about everyone here who has an iPod gives $10 or equivalent to this charity?
Hmmm.... a matching program would be cool--it could all be done electronically, like when Apple has had disaster charity giving built right into iTMS.
So when you buy a Red iPod, you pick the price :) If you pay more than normal, Apple will match your donation, and will pay a minimum of 10% regardless.
Agreed. Apple should stop being so exploitative and give nothing! :o
Apple's not the first in the RED program. Maybe the program HAS done some good and thus is continuing?
Here's a challenge. How about everyone here who has an iPod gives $10 or equivalent to this charity?
Hmmm.... a matching program would be cool--it could all be done electronically, like when Apple has had disaster charity giving built right into iTMS.
So when you buy a Red iPod, you pick the price :) If you pay more than normal, Apple will match your donation, and will pay a minimum of 10% regardless.
sord
Sep 10, 02:53 PM
Dare I dream? How about a quad processor quad core system! 16 cores in all!!!
I hope they at least keep dual processors in the pro machines if they start using these so we get 8 cores. Then toss one of these suckers in a mini.
I hope they at least keep dual processors in the pro machines if they start using these so we get 8 cores. Then toss one of these suckers in a mini.
rtdunham
Mar 23, 06:10 PM
... Honestly, do you think someone who is Drunk is going to be checking the app for the checkpoints? Its just an excuse to get rid of these apps from the store and increase revenue (by ticketing more DUI drivers)....
Your argument's inconsistent: If drunk drivers won't be checking the app, then they'd be ticketed at the checkpoint whether or not the apps exist, so pulling the apps neither increases or decreases revenue, does it? Your argument (revenue generation) ONLY works if it increases the number of drivers ticketed because those drivers use the apps.
Now, IF some drivers do check the app, it increases the likelihood they can avoid the checkpoint and being taken off the road. Remember, most drunks don't think they are. So they might use the app to avoid what they think is an unfair stop. But if the stop shows they are over the particular state's alcohol content level, then the system's sorted them out and done a favor for the rest of us, no?
Your argument's inconsistent: If drunk drivers won't be checking the app, then they'd be ticketed at the checkpoint whether or not the apps exist, so pulling the apps neither increases or decreases revenue, does it? Your argument (revenue generation) ONLY works if it increases the number of drivers ticketed because those drivers use the apps.
Now, IF some drivers do check the app, it increases the likelihood they can avoid the checkpoint and being taken off the road. Remember, most drunks don't think they are. So they might use the app to avoid what they think is an unfair stop. But if the stop shows they are over the particular state's alcohol content level, then the system's sorted them out and done a favor for the rest of us, no?
Torrijos
Apr 20, 09:59 AM
For those freaking out, do they know that every GPS devices record their positions from the moment they are first turned on ?
It is scary, but unfortunately it's quite common.
In the best of cases (in the GPS world) the information is encrypted... But this only happens with a few GPS, usually those made for high-end auto brands (Porsche, BMW etc.) the majority of devices, on the other side, records the information in plain text.
It is scary, but unfortunately it's quite common.
In the best of cases (in the GPS world) the information is encrypted... But this only happens with a few GPS, usually those made for high-end auto brands (Porsche, BMW etc.) the majority of devices, on the other side, records the information in plain text.
cube
Mar 30, 01:31 PM
Notice how its 1 word. "RoomStore". Room Store wouldn't fly. Its the little things
When would "Room Store" not fly? For a hotel?
When would "Room Store" not fly? For a hotel?
QCassidy352
Sep 9, 11:10 AM
With the decent graphics and these C2D's they make the iMac a formiddable machine. Alot of PowerMac's are going to be replaced by these new iMac's i feel. Probably Apple's most impressive, solid and reliable machine at the moment
No one who needs powerful graphics could go for anything except maybe the 24". The x1600 is pretty low-end for a mid-range desktop by now, and the nvidea 7600 is not bad but certainly not a powerhouse. And why would you say that the imacs are more "impressive, solid, and reliable" than the mac pros? Better values, maybe, but more impressive, solid, and reliable? :confused:
No one who needs powerful graphics could go for anything except maybe the 24". The x1600 is pretty low-end for a mid-range desktop by now, and the nvidea 7600 is not bad but certainly not a powerhouse. And why would you say that the imacs are more "impressive, solid, and reliable" than the mac pros? Better values, maybe, but more impressive, solid, and reliable? :confused:
Macnoviz
Sep 19, 02:54 PM
Yeah it already lets you watch while downloading and frankly I think that this is a very important feature that is not often discussed. People bash it saying that it takes 1.5 hours to download a movie. Well if the movie is 1.5 hours long than wait 5 minutes and start watching. It is close to instant. I know that on my computer it only took 70 minutes to download which means I can start watching it right away. With Verizon rolling out their Fios internet with speeds of up to 30mbs even 1080p will soon be no problem. I am not sure just how big a 1080p movie is but I am hoping that within a year it will be do able for more people.
Don't forget that Apple servers will be the weakest link here. Amazon servers were overcrowded the first days, leading to downloads of 8+ hours (and you can only rent them for 24 hours (or buy them, of course))
They will have to build/purchase a data center or two
Don't forget that Apple servers will be the weakest link here. Amazon servers were overcrowded the first days, leading to downloads of 8+ hours (and you can only rent them for 24 hours (or buy them, of course))
They will have to build/purchase a data center or two
suzerain
Sep 5, 04:15 PM
Um, gee. I wonder if the studio with the $9.99 downloads will be Disney...
PetMac
Sep 5, 12:15 PM
I want an iTunes Movie Store, but to me it would be a lot better if you had the choice between a $9.99 download and a $2 or $3 rental that expired after a couple days. I honestly don't buy very many movies at all, because I rarely watch a movie twice. I do like to rent them though, and anything that made that more convenient would be great.
I couldn't agree more. Steve was right when he said people don't want to rent their music, they want to own it. The opposite is true about movies. Besides who has that kind of HDD space? I almost never buy movies but we do use Netflix. How about a model just like that. A monthly fee based on how many active movies you can have a one time. You can watch them as long as you like but when you download another you have to give one up.
I couldn't agree more. Steve was right when he said people don't want to rent their music, they want to own it. The opposite is true about movies. Besides who has that kind of HDD space? I almost never buy movies but we do use Netflix. How about a model just like that. A monthly fee based on how many active movies you can have a one time. You can watch them as long as you like but when you download another you have to give one up.
Multimedia
Sep 12, 06:05 PM
hmmm works fine for me :) Took a while longer to load on the iPod (had ablack screen for about 5 secs) but plays fine.OK Please play on computer and get info - Command i - while playing to know for certain it is 640x480 H.264. On the bottom it says Normal Size: What numbers are there? In Format: it will say H.264 if it was encoded that way. Also what is the FPS Number playing? Should be 30.
Thank you.
Thank you.
Pravius
Apr 22, 09:40 AM
Man, stop it with the cloud service already. :rolleyes: You can't rely on the internet availability for listening to music. It's unreliable. Plus, the streaming will probably be low resolution, drain battery life, eat into data caps, not display lyrics, and generally be a crappy experience. If I wanted to stream, I can do it from my home computer where my music already resides with one of the 100 apps already available and not have to fight through all the bandwidth issues that are probably gonna result from Apple's side. What's the point? I can do this now.
Of course what we really need if more friggin' flash memory on our devices! Apple's been stuck on 32 GB on the iPhone for almost 3 years!
Tony
I don't think anyone here is arguing the fact that they are going to use the cloud service as a replacement for streaming from home, however having an option is nice.
For me personally and I think that most people here are on the same page.
1. It's a great way to backup your music library knowing it will never get erased, expire, etc.
2. When we are on the move and do not have the option to turn on our computers to listen to music we have the option of going to the cloud.
3. Saves hard drive space and also does not require me to fill my iPhone full of music and nothing else. At this point my iTunes library is nearly 30 gigs. That is twice the size of my iPhone storage.
For me it will not be a replacement (yet). I have been using the Amazon clous service and it has been very reliable. Sure it takes awhile to upload but once you have everything uploaded then you are good to go. I have been streaming since it went live and have not yet had one issue, and yes I am using the computer and my iPhone (iCab and change the browser type to something other than Safari (iPhone).
Of course what we really need if more friggin' flash memory on our devices! Apple's been stuck on 32 GB on the iPhone for almost 3 years!
Tony
I don't think anyone here is arguing the fact that they are going to use the cloud service as a replacement for streaming from home, however having an option is nice.
For me personally and I think that most people here are on the same page.
1. It's a great way to backup your music library knowing it will never get erased, expire, etc.
2. When we are on the move and do not have the option to turn on our computers to listen to music we have the option of going to the cloud.
3. Saves hard drive space and also does not require me to fill my iPhone full of music and nothing else. At this point my iTunes library is nearly 30 gigs. That is twice the size of my iPhone storage.
For me it will not be a replacement (yet). I have been using the Amazon clous service and it has been very reliable. Sure it takes awhile to upload but once you have everything uploaded then you are good to go. I have been streaming since it went live and have not yet had one issue, and yes I am using the computer and my iPhone (iCab and change the browser type to something other than Safari (iPhone).
nfable
Mar 30, 11:38 AM
It seems that App on its own is generic, but the combination with another word to define a particular thing is not... see
Lady + Gaga
Best + Buy
Fack + Book
Micro + Soft
General + Electric
Pintos + Cheese .. okay, maybe not that
Lady + Gaga
Best + Buy
Fack + Book
Micro + Soft
General + Electric
Pintos + Cheese .. okay, maybe not that
wizard
Apr 4, 12:59 PM
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_1 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8G4 Safari/6533.18.5)
Rent-a-cops have guns? And shoot people IN THE HEAD? I'm amazed.
That said, this is pretty ******. Sure, the guy was a criminal lowlife, and he certainly deserved punishment, but I don't think he deserved to get killed. Oh well.
The only problem I have is that only one of these jerks ended up dead. Seriously, the legal system failed us a long time ago, we don't have much of a choice anymore. Frankly I abandoned all hope of ever seeing crime effectively reduced in this country when the Supreme Court decided it was illegal to execute minors which is one of the Courts most stupid and politically motivated decisions ever. Society is best served by removing the criminal element as early as possible.
Rent-a-cops have guns? And shoot people IN THE HEAD? I'm amazed.
That said, this is pretty ******. Sure, the guy was a criminal lowlife, and he certainly deserved punishment, but I don't think he deserved to get killed. Oh well.
The only problem I have is that only one of these jerks ended up dead. Seriously, the legal system failed us a long time ago, we don't have much of a choice anymore. Frankly I abandoned all hope of ever seeing crime effectively reduced in this country when the Supreme Court decided it was illegal to execute minors which is one of the Courts most stupid and politically motivated decisions ever. Society is best served by removing the criminal element as early as possible.
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