dukebound85
Apr 25, 01:37 AM
OP, I will admit my impression of you has went from one who I thought was mature to one that is unfortunately showing he is not
Please revert back to your old form....
Please revert back to your old form....
aristotle
Nov 14, 12:00 AM
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Published works, such as these icons, are entitled to less protection than unpublished.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.
LOL. Please tell us which law firm you work for. That was quite funny. Are you a historian now too? Would the real cmaier please stand up?
So the arbitration system comes from the roman law as well? Do tell.
I'm not interested in what revisionist historians have come up with the justify this perversion of justice that you call "law". The roman empire fell a long time ago and while Roman law may have influenced much of our legal proceedings, including the structure of civil cases, I was talking about how civil disputes are generally dealt with. Lawyers arguing a case are supposed to be the last resort, not the first.
This process is based on Judeo-christian principles on how you settle disputes over land or labour. It has nothing to do with criminal law.
Here is how disputes were supposed to be dealt with.
1. You go to the person in question and try to talk it out.
2. If that does not work, you meet in front a mediator such as as priest, local official, magistrate or arbitrator.
3. If that does not work, you hire an advocate and make your case in front of the community.
4. If that does not work, you take your case before the court which would usually have been a king back in the day.
The bible frames it slightly different but that is the gist of how it appears in the bible.
To put in a modern context:
1. Go for coffee.
2. Arbitration.
3. Public Hearing.
4. Court case.
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.
LOL. Please tell us which law firm you work for. That was quite funny. Are you a historian now too? Would the real cmaier please stand up?
So the arbitration system comes from the roman law as well? Do tell.
I'm not interested in what revisionist historians have come up with the justify this perversion of justice that you call "law". The roman empire fell a long time ago and while Roman law may have influenced much of our legal proceedings, including the structure of civil cases, I was talking about how civil disputes are generally dealt with. Lawyers arguing a case are supposed to be the last resort, not the first.
This process is based on Judeo-christian principles on how you settle disputes over land or labour. It has nothing to do with criminal law.
Here is how disputes were supposed to be dealt with.
1. You go to the person in question and try to talk it out.
2. If that does not work, you meet in front a mediator such as as priest, local official, magistrate or arbitrator.
3. If that does not work, you hire an advocate and make your case in front of the community.
4. If that does not work, you take your case before the court which would usually have been a king back in the day.
The bible frames it slightly different but that is the gist of how it appears in the bible.
To put in a modern context:
1. Go for coffee.
2. Arbitration.
3. Public Hearing.
4. Court case.
cgmpowers
May 3, 01:12 PM
The thing I'm most impressed with is the 2GB video card. I have the 2008 MacPro w/ 3.0 dual core xeon, 12 GB of ram, an ATI 1900 w/ 512 ram. I just purchased Portal 2 over the weekend and cannot run it as it doesn't meet the specs. I'll have to purchase a new video card. A bit depressing...
Chris Powers
Chris Powers
Ommid
Apr 25, 01:18 PM
Oh boo hoo. No new case since 2008?
We Mac-Pro user are so very sad for you.
Lol, same design since 0 AD
We Mac-Pro user are so very sad for you.
Lol, same design since 0 AD
JoeG4
Apr 11, 03:52 AM
Whee let's all drive eco friendly subcompacts! I love cramming 4 people into a tiny hatchback! So fun and friendly! And then they .. yea so fun and friendly. :D
bassfingers
Apr 22, 10:21 AM
I am so excited about whatever this is. So long as its more successful than game center...
LondonCentral
Mar 29, 02:15 PM
Someone needs to bookmark this thread so we can come back to it in 2015. If there's a new CEO (or group of CEO's) for Apple and Nokia/MS have a brilliant partnership, I don't see where the humor is. Four years is a hell of a long time for a new OS to mature.
brepublican
Aug 23, 07:13 PM
WOW. And I thought hell froze over when bootcamp was introduced...
There is nothing unusual with this move, I dont know why it keeps coming up. In fact, its strategic on Creative's part to include it in the settlement. They make good headphones and speakers, and if affixing a 'Made for iPod' tag on them increases revenue, they have nothing to lose. Total profit
There is nothing unusual with this move, I dont know why it keeps coming up. In fact, its strategic on Creative's part to include it in the settlement. They make good headphones and speakers, and if affixing a 'Made for iPod' tag on them increases revenue, they have nothing to lose. Total profit
Multimedia
Sep 10, 07:45 PM
Face it the Conroe Mac is coming.
iMac 24" - $1999
Mac Pro (downgraded to 2.0 Ghz) + 23" - 3198
That is a $1k price gap.
A high quality midtower would fit perfectly. They have another chip to differentiate the product matrix. It is coming!
Mac Mini - Core Duo (yonah) - base entry machine. 2 RAM slots
iMac - Core 2 Duo (Merom) - All in one basic to prosumer models, quiet operation and powerful. 2 RAM Slots
"Mac" - Core 2 Duo (Conroe) - mini tower 1 optical, 2 drives, 2 PCIe, 4 RAM Slots - prosumer to low end workstation.
Mac Pro - Xeon (Woodcrest) - Full tower 2 processors, 8 RAM slots, 4 PCIe, 2 optical, 4 drive bays. - Mid to high end workstation.
Face it Apple left the biggest gap between the iMac and the Pro machine ever! There was no crippled tower to span the distance between the two. Apple wants to expand market share. They have a power processor that will not step on the toes of the machine above or below. Why wouldn't they use it. Before all the desktops ran the G5. It was difficult to provide product differentiation without gobbling sales up internally. Here the highest end Conroe cannot match the lowest end dual Woodcrest at highly threaded apps. This is a win-win situation. It will either come out on Tuesday or another special event in early october.I sure hope you are right. I totally agree with your analysis.It will be headless and upgradable to attract the Windows gamers. They already have monitors, keyboards and mice. A little BootCamp goes a long way.I want this to be where Kentsfield and Tigerton wind up for less than $2k. The existing base of over 25 Million Mac owners also already have this stuff. But they will come with a keyboard and mouse. :)
iMac 24" - $1999
Mac Pro (downgraded to 2.0 Ghz) + 23" - 3198
That is a $1k price gap.
A high quality midtower would fit perfectly. They have another chip to differentiate the product matrix. It is coming!
Mac Mini - Core Duo (yonah) - base entry machine. 2 RAM slots
iMac - Core 2 Duo (Merom) - All in one basic to prosumer models, quiet operation and powerful. 2 RAM Slots
"Mac" - Core 2 Duo (Conroe) - mini tower 1 optical, 2 drives, 2 PCIe, 4 RAM Slots - prosumer to low end workstation.
Mac Pro - Xeon (Woodcrest) - Full tower 2 processors, 8 RAM slots, 4 PCIe, 2 optical, 4 drive bays. - Mid to high end workstation.
Face it Apple left the biggest gap between the iMac and the Pro machine ever! There was no crippled tower to span the distance between the two. Apple wants to expand market share. They have a power processor that will not step on the toes of the machine above or below. Why wouldn't they use it. Before all the desktops ran the G5. It was difficult to provide product differentiation without gobbling sales up internally. Here the highest end Conroe cannot match the lowest end dual Woodcrest at highly threaded apps. This is a win-win situation. It will either come out on Tuesday or another special event in early october.I sure hope you are right. I totally agree with your analysis.It will be headless and upgradable to attract the Windows gamers. They already have monitors, keyboards and mice. A little BootCamp goes a long way.I want this to be where Kentsfield and Tigerton wind up for less than $2k. The existing base of over 25 Million Mac owners also already have this stuff. But they will come with a keyboard and mouse. :)
twoodcc
Aug 31, 01:27 PM
all we can do is hope and pray
macquariumguy
Apr 19, 01:04 PM
Mind me asking you how high your unemployment rate is, and do you believe what your media tells you is true, or is the rate much higher than what is known?
Last I heard the unemployment rate in FL was reported to be around 12% and falling slowly. I feel secure in my job.
I'm not really sure who or what you mean by "the media". I get local news from the local newspaper and most everything else from NPR. As for the relative accuracy and/or truthfulness of these outlets, I try to apply the principles of Occam's Razor and generally don't worry about it beyond that.
Last I heard the unemployment rate in FL was reported to be around 12% and falling slowly. I feel secure in my job.
I'm not really sure who or what you mean by "the media". I get local news from the local newspaper and most everything else from NPR. As for the relative accuracy and/or truthfulness of these outlets, I try to apply the principles of Occam's Razor and generally don't worry about it beyond that.
Leej
Sep 26, 10:12 PM
Already have a Cingular deal. Sweet!
xUKHCx
Sep 10, 04:34 PM
I have the oringal iMac G5 bought on the very day they were announced. (well i dont have it as it is in for another replacement midplane - total worth of applecare to me so far is about the £1400 mark). It is feeling rather old and very slow for my tasks. I am now wishing i had that display so i could connect it to the mini or a mid range tower. I long for upgradable graphics as a not so proud owner of the geforce 5200 or whatever it is in my mac so such a pitiful perfonace it is not listed as Aperture capable. It really is a shocking video card. I have upgraded the harddrive that was a snap in the iMac, i have even replaced the logic board 30 mins no fuss. THings i liked about the original iMac ease of replacement parts. Things i didnt like: the non upgradable parts - processor and graphics.
I truely long for the Mid range tower.
double height Pci graphics slot ala Mac Pro with the X1900.
Space for two harddrives for Time Machine mostly.
Pretty beefy processor, preferably with some sort of upgrade path
Option to purchase a bundle display 17" really cheap option.
1 gb ram - 8 gb provided by 4 ram slots
Cost: £700
Cost: £850 with the 17 inch mointor
Cost: £1000 with the 20 inch mointor
I truely long for the Mid range tower.
double height Pci graphics slot ala Mac Pro with the X1900.
Space for two harddrives for Time Machine mostly.
Pretty beefy processor, preferably with some sort of upgrade path
Option to purchase a bundle display 17" really cheap option.
1 gb ram - 8 gb provided by 4 ram slots
Cost: £700
Cost: £850 with the 17 inch mointor
Cost: £1000 with the 20 inch mointor
kurtsayin
Oct 27, 12:37 PM
I'm so sick of environmentalists. It is just self-righteous bigotry that has very little basis in actual facts. We don't live in some kind of uber-polluted country where the air is unbreathable and garbage heaps block scenic viewing. We are not short on trees, we are not short on resources, we are not all dying from PVC poisoning...
Greenpeace's website was talking about how children in far-East countries were poisoned from rummaging through apple computer parts and that it is some how apple's fault?! If Greenpeace had any kind of results-oriented logic, they would focus their efforts on governmental reforms in other countries that [U]buy our garbage![U] Why should apple be forced to change products that function almost perfectly because some backward governments in Asia enslave their people and buy our garbage to let people try and rummage through it for parts?
Greenpeace is a fringe, extremist group that hates industry above all else - Industry that brings us computers, cars, phones, televisions, radios... If they had their way, we would be living in the 18th century again, in which case we would be swiftly taken over by China... :(
Greenpeace's website was talking about how children in far-East countries were poisoned from rummaging through apple computer parts and that it is some how apple's fault?! If Greenpeace had any kind of results-oriented logic, they would focus their efforts on governmental reforms in other countries that [U]buy our garbage![U] Why should apple be forced to change products that function almost perfectly because some backward governments in Asia enslave their people and buy our garbage to let people try and rummage through it for parts?
Greenpeace is a fringe, extremist group that hates industry above all else - Industry that brings us computers, cars, phones, televisions, radios... If they had their way, we would be living in the 18th century again, in which case we would be swiftly taken over by China... :(
ipacmm
Sep 14, 09:39 AM
Version 2 of Aperture will hopefully be a good upgrade. I wonder if they are going to make a more Pro and Consumer version now...
bjdku
Sep 13, 09:18 PM
I said I'd bet, not give. As in you pay equal money if this turns out to be right. And it's a figure of speech. :rolleyes:
Well, I for one wish apple would come out with this thing already. I would pay my savings just to end the anguish (figure of speech, hat tip QCassidy352)! Bury the Chocolate! I hate seeing that iPod wanna-be!
Well, I for one wish apple would come out with this thing already. I would pay my savings just to end the anguish (figure of speech, hat tip QCassidy352)! Bury the Chocolate! I hate seeing that iPod wanna-be!
Dmac77
Apr 25, 02:39 AM
And yet, you sounded almost human when you posted about your grandparents and their cancer. Now we know otherwise.
Because I actually care about my grandparents. They have done something genuine for me, they have cared for me, they have loved me, etc. Some random idiot woman in a minivan is just another person, why should I care about her? Because she is a human? I think not. I have no personal connection to that woman, I cannot feasibly or easily use her to advance myself, so why should I care what happens to her today, tomorrow, or 20 years from now? Logically, I shouldn't; emotionally and morally I should because she is another person, I think that is nonsensical.
-Don
Because I actually care about my grandparents. They have done something genuine for me, they have cared for me, they have loved me, etc. Some random idiot woman in a minivan is just another person, why should I care about her? Because she is a human? I think not. I have no personal connection to that woman, I cannot feasibly or easily use her to advance myself, so why should I care what happens to her today, tomorrow, or 20 years from now? Logically, I shouldn't; emotionally and morally I should because she is another person, I think that is nonsensical.
-Don
sushi
Sep 20, 03:24 AM
I would be exstatic to get a 720p movie, and like you, I would certainly have no problem waiting the time it would take to download it. I just want HD downloadable content from iTMS, which is why the iTV has me so excited. I may hold off on getting that HD-DVD player until I learn more about it.
And the download, would be platform independent with regards to BluRay or HD-DVD. Cool.
And the download, would be platform independent with regards to BluRay or HD-DVD. Cool.
MacRumors
Mar 23, 04:13 PM
http://www.macrumors.com/images/macrumorsthreadlogo.gif (http://www.macrumors.com/2011/03/23/u-s-senators-ask-apple-to-remove-dui-checkpoint-apps-from-app-store/)
http://images.macrumors.com/article/2011/03/23/171301-trapster.jpg
http://images.macrumors.com/article/2011/03/23/171301-trapster.jpg
Dmac77
Apr 24, 11:40 PM
I cannot even begin to describe how much i hate these idiotic people. They just enrage me. Anyone who has been doing 85mph+ on the highway and then has to slow down to under 70 knows what I mean.
Today I was doing 90mph+ in the far left lane, for miles everyone moved out of the way for me. Then all the sudden I come up on this minivan with "Baby on Board, "I Love Children," "Being Nice is the #1 Rule," etc. bumper stickers and magnets. The woman was doing under 65mph would not move out of my way (and there was plenty of space). When I tried to push her, flash brights, honk, etc. she decided to brake check me. Now, not moving over is one thing, but trying to teach me a lesson when I tell you that you're in my way and that you can move over, is just asking me to screw you over.
I drove behind her for a few miles, and then when the opportunity stuck, I shot a gap to pass her, made sure she couldn't move over to another lane (besides the service lane) and I slammed off my brakes (I swear I saw a squirrel run across the highway;)), she had to veer off of the road to avoid hitting me. I guarantee she'll never try to brake check someone or force the speed limit on them again. I seriously hope she or her damn baby got whiplash. (NO LECTURES PLEASE, THEY WILL ALL BE IGNORED)
I seriously wish that .50 cal guns would be options on cars so that I could just blow up people like her.
-Don
Today I was doing 90mph+ in the far left lane, for miles everyone moved out of the way for me. Then all the sudden I come up on this minivan with "Baby on Board, "I Love Children," "Being Nice is the #1 Rule," etc. bumper stickers and magnets. The woman was doing under 65mph would not move out of my way (and there was plenty of space). When I tried to push her, flash brights, honk, etc. she decided to brake check me. Now, not moving over is one thing, but trying to teach me a lesson when I tell you that you're in my way and that you can move over, is just asking me to screw you over.
I drove behind her for a few miles, and then when the opportunity stuck, I shot a gap to pass her, made sure she couldn't move over to another lane (besides the service lane) and I slammed off my brakes (I swear I saw a squirrel run across the highway;)), she had to veer off of the road to avoid hitting me. I guarantee she'll never try to brake check someone or force the speed limit on them again. I seriously hope she or her damn baby got whiplash. (NO LECTURES PLEASE, THEY WILL ALL BE IGNORED)
I seriously wish that .50 cal guns would be options on cars so that I could just blow up people like her.
-Don
Howardchief
Mar 23, 05:53 PM
You counter point is just as silly.
His counter point is supposed to be just as silly. That's his point.
His counter point is supposed to be just as silly. That's his point.
SC68Cal
Aug 28, 06:57 PM
They're not. You're seriously whining about "taking so long" when the first announcements came *earlier today*? Really? A "delay" of HOURS is something shareholders are going to freak out over???
Why don't you read the rest of my statement, fanboy?
If Apple announces that the new Merom laptops are available and are ready to ship that day, then it isn't a big deal.
Why don't you read the rest of my statement, fanboy?
If Apple announces that the new Merom laptops are available and are ready to ship that day, then it isn't a big deal.
iStudentUK
Apr 11, 07:39 AM
Why not to imperial?
Because metric is better.
Be happy I stopped short of asking for SI units! It's a pleasant 292K outside today. :D
Because metric is better.
Be happy I stopped short of asking for SI units! It's a pleasant 292K outside today. :D
jafd
Apr 25, 02:55 PM
Those who don't want the superdrive have the option of an air. People in the music industry will always have a use for CD's. I just think no superdrive makes it an air varient not a pro.
Ehrrrm, a superdrive is what invariably fails first and gives your laptop almost an extra kilogram of weight you need to carry around. Because taking it off means losing warranty.
A superdrive is not a trait of a "Pro" laptop. The speed and reliability are. Imagine a RAID array of SSDs packed together in a package the size of a superdrive. Imagine a pico projector in that slot � this is what Toshiba is going to do real soon now.
Ehrrrm, a superdrive is what invariably fails first and gives your laptop almost an extra kilogram of weight you need to carry around. Because taking it off means losing warranty.
A superdrive is not a trait of a "Pro" laptop. The speed and reliability are. Imagine a RAID array of SSDs packed together in a package the size of a superdrive. Imagine a pico projector in that slot � this is what Toshiba is going to do real soon now.
