74 posts • joined 29 Apr 2009
What was your case again, Andrew?
I'll try a more objective approach. I've changed my mind a couple of times on this, but this is where I've ended up.
We can throw out all the little-guy/$BIGCORP stuff as a fallacious appeal to fairness. The law as written, or as decided in the courts, is under no obligation to treat somebody kindly because the other guy's bigger.
"Slater has been obliged to hire legal help costing thousands of pounds to defend his work, arguing that Wikipedia’s continuing publication harms his livelihood."
His livelihood has certainly to some degree been harmed; but that doesn't mean he has any case.
"The law isn’t hard to understand."
Heh. And coding is easy, and any damn fool can design a bridge. Of the three criteria supplied, Andrew Orlowski doesn't say which he thinks Slater actually meets to a degree which would satisfy a court.
"If he checked the angle of the shot, set up the equipment to produce a picture with specific light and shade effects, set the exposure or used filters or other special settings, light and that everything required is in the shot, and all the monkey contributed was to press the button, then he would seem to have a passable claim..."
Note the conditional If. Slater's quoted as saying - before copyright became an issue - that monkeys stole his camera while he was absent: "He must have taken hundreds of pictures by the time I got my camera back, but not very many were in focus. He obviously hadn't worked that out yet." I think he would have a very hard time arguing that he had creative control over the process, if we believe this earlier version. His later version of events contradicts the earlier, to some degree: adding a description of intent and setting up the camera; which, if we believe it, would give him a stronger case.
"Slater made choices such as choosing the location, the equipment, where it was placed – in front of the monkeys – and choosing what to keep and discard."
Location and equipment would very likely fall under the non-creative "sweat of the brow" element in US law; I don't know what weight UK copyright law would put on it. As to "...where it was placed..." it was moved by the monkey, as we can see from the various photos which have been released, so I can't see that being persuasive. "...choosing what to keep and discard..." is a creative act in forming e.g. an anthology, but I've never heard of that conferring copyright on a single image. If I do an image search and choose a number of public-domain images, I might own copyright to the selection, but for me to gain copyright to a single image by simply choosing it from a selection would be perverse.
"Whether you're on Team Slater or Team Jimbo, it's going to court"
Is it? Do we know that?
I hope he's receiving legal advice along the lines of "Firstly, what will you gain if you win? - a few thousand? It's not worth the risk of pursuing. Secondly, you'll be asked about your various versions of what happened, and how they square with all the photographs obtained. Are you comfortable with that?" Obviously it would make an interesting case for some organisation to take up on his behalf, but I haven't heard that any have done so; which may be telling.
I may well be utterly wrong about all or some of this, which should go without saying; but I don't see that Andrew Orlowski has made any form of actual case in law; as opposed to "$BIGCORP is being selfish!"; which is after all what $BIGCORP has always done.
And so the countdown begins
"... it'll keep desperates getting XP updates until 2019."
Ladies and gentlemen: I give you 2020 - the year of Linux on the desktop.
I don't know why; it's a perfectly cromulent word.
This morning's idle thoughts
USA: Good morning, mes petits singes capitulards, may we count on your vast historical experience in South East Asia, and parts of your secure communications infrastructure, to aid us in our little bagarre with North Korea? Is it that it is that you perhaps maintain a secure worldwide communications network link for NATO operations, which in the event of an attaque nucléaire on any NATO member would be required to assist under Section 5 of the NATO treaty? Would it be deranging you to just make certain that it's still there, in full working order, and most particularly that les geeks et les militaires de la Corée du Nord can be utterly unaware of its existence?
France: But yes, my old, nothing of more easy. Its secrecy total is assured... Name of a pipe! We must take of the measures incredibly foolish directly!
That's geeks for you
For that sort of money, they could have bought eight and a quarter of Marilyn Monroe's bras.
Re: Her dad is a laugh
I like that he acted as a historical consultant on Oliver Stone's overblown film "Alexander", on condition that he was allowed to take part in the cavalry charges.
Off to a flying start
I'm a great fan of her dad [a Classical historian who likes Alexander the Great and hates garden gnomes], but confessing that she shouldn't have publicly announced her title in advance and saying it was "just tweet to old school friend" does rather imply that she doesn't quite grasp the whole Internet thing.
I can see why Apple and Blue Peter are a good fit
Children have been making things for them for years...
Cider: it just works.
Did OK for a long while, but pants now.
SWMBO is addicted to Sky TV, so when we moved I signed up for their broadband: for six years or so it was cheap and almost perfectly reliable at 12-13Mbps, but since Christmas it dropped to less than 2Mbps. As it happens, BT Extra Wizzo Fibre has recently become available: so in a month or so I'll be able to moan about that instead.
Spawn of Satan because Murdoch. Yes, we're still paying him for the telly. Yes, I am ashamed.
The animations made it.
[Couldn't help thinking that the B3TA version would have had Stanley dying of hypoxia, though...]
Re: Strictly off topic
Many thanks, I can sleep now. Blimey, not been that way in years.
Strictly off topic
I suppose it might infringe somebody's privacy, but I wish yo'd identify where you took the photographs; I /know/ I know where that is, but I just can't bring it to mind. That's a Chesters coach, so it's very likely not too far from Manchester; but that's all I've got.
Reading the article was a relief
I was afraid from the headline that, erm, the Scottish Highlands would be getting blanket 3G coverage. One of the great selfish pleasures of my trips to the remoter parts of the Highlands is that people know there's no way of getting in touch with me.
Another vote for MythTV
Except when the local freeview transmitter decides to renumber its channels. Again. [Not that that's a MythTV problem, exactly...]
Can't believe you didn't just ask
I read the article twice, and there's no mention of you asking Apple for comment.
I mean, you never know: Apple might have told you all about it, if you'd only asked.
Re: Is also available
And in Mint, Mythbuntu & Crunchbang. Oddly, there are a couple of misspellings in the version quoted here - Ellesar for Elessar passim, for instance - and more typos in the versions I have to hand, e.g. Lorian and Osgilliath.
I mean, these things are important.
Portable as a suitcase full of bricks, they said at the time. Didn't bother us, we never moved it.
We ran a business on that machine for ten years or so, until clients started demanding Word-format files. I don't recall it ever crashing.
Your cut-out'n'keep guide
Shortly after launch a hardware issue with ##### will arise, which Apple will ignore until the swell of protest becomes too great. Some time later Apple will punish customers for %%%%ing with their tablets, sparking a well-worn debate about the walled garden and ownership of their device. This will last almost until the release of the next Apple tablets, which will be &&&&&er than their previous ones.
[In the meantime Android will suffer a @@@@@ lapse and ***** issues. RIM will complete another orbit of the drain.]
Re: Gosh. Well, well, well
"And, well, the folk out there thinking of buying an iPad, don't you think?"
You really think so? A 5°C difference?
Gosh. Well, well, well
"...what iPad 3 owners already knew..."
And, given that iPad 3 owners are the only people likely to care...
Far too cuddly to be Jobs
It's Alan Yentob.
So if there's a difference of 10p a litre, and you're buying, say, 50 litres, you're saving a fiver. How far out of your way would you go for a fiver?
Oblig XKCD: http://xkcd.com/951/
At least I learnt something from all this
Never pay more than 20 bucks for a computer game.
Lag's too slow
I read in another review that the shutter response is average-to-long, so I wouldn't be able to use it for the sort of point-and-shoot photography that those old rangefinders were so perfect for. It's a pity, because it does look desirable otherwise.
@ Edward Clarke: You can beat the rap...
...but you can't beat the ride.
"If the data on the servers gets wiped then their whole case goes out the window. A criminal case requires a whole different level of evidence from the normal civil case."
I don't think they need to care much about a criminal case. They've got him in custody, they can probably keep him in jail for a few years during extradition hearings and pre-trial, they've destroyed his business, they're [possibly, subject to yada yada] three days away from destroying all the data on the servers. That sends a pretty powerful message even without a criminal conviction at the end of it: just look at what the other filesharing sites have been doing in the last few days.
"You can't put a man in jail (or I can't anyway) unless you're sure they're guilty."
Except, he's in jail.
Change your plane of existence
Not that big of a deal.
As a pose to
So how's the voice recognition on your phone working out for you?
Because a stand staffed solely by patent lawyers might send the wrong message.
No small print needed
In practice, action will probably depend on the clout and credibility of the entity making the claim. If your ISP gets a letter from $BIGMEDIA threatening them with legal action over your website, they'll cave quicker than you can say "fair usage"; if Universal or Disney get a letter from you claiming infringement, it'll be in the bin before you've even finished licking the envelope.
O tempora o mores
It's "strait-laced", not "straight-laced". Strait means narrow or tight, confined, or strict. Straight means, er, straight.
Oh, and Woz, it's "want to", not "wanna". You'll never get anywhere using language like that.
"Why, yes, as it happens I am a Linux user. Why do you ask?"
Three pretty obvious points
One, babies have always pointed at things.
Two, babies have always loved shiny moving things.
Three, what should we conclude? That we should dumb down interfaces to baby standards?
Value for money
It had an Apple logo on it, what more did she want anyway?
And this story turned up in my newsfeed with an ad for Windows Server attached. Excellent targeted advertising!
Power To The People!
Nineteen posts so far, and none of them pays homage to the Tooting Popular Front? They had the right idea:
""Twitter is a social network platform which is available to most people who have a computer and therefore any content on it is not subject to the same copyright laws as it is already in the public domain"
As it happens, I've found a fantastic platform which is available to most people who have a computer at http://www.bbc.co.uk/podcasts - can we assume that its content is in the public domain?
Hope they tried the Help facility first.
It looks like you're transferring cargo from the space shuttle to the ISS.
Would you like help with that?
"Portable as a suitcase full of bricks", people said at the time. The luggability wasn't an issue for my father and me (it never moved once from where we first installed it); what sold it for us was the software bundle, which was unique.
The tiny screen gave us pause. The salesman pointed out that text was the same size and legibility as newsprint: all the same, we splashed out on a whopping 9" green monitor. When that died, we never bothered replacing it. It was the easiest computer to maintain I've ever had: if I recall correctly, there were no software updates in nearly ten years use!
Eventually, of course, clients started asking for Windows-compatible files: we decided with some regret to retire the Osborne and buy an IBM PS/1, as I recall, running Windows 3.1.
(And that, gentle readers, was where our troubles began...)
the Dali Llama
Playmobil figure pliz!
Have you tried switching it off and on again?
Can't have independent media, now can we? It's not exactly unheard of for anti-terrorist legislation to be used to keep the proles down.
"...the Internet would need to be shut down to prevent further damage to the country, which apparently can no longer function without the Net..." - "In order to save the village, it was necessary to destroy it."
"...those bills were tabled": I do not think that word means what you think it means. In the UK, to table an issue means to put it on the table for discussion. Where a USAian would say "those bills were tabled", we would say "those bills were shelved".
I'll have a P please, Bob
"Android came equally out of nowhere to capture 2.3 per cent of the market with total shipments of 2.3 units". So, um, not a huge market, then.
Pint because a nice bitter would be about 2.3 units.
A new game to play with any news item
"What dumb knee-jerk response is Sarah Palin going to make to it?"
if you spin the platters up to 8800rpm you can retrieve that file you accidentally deleted. Except that your USB connection has to deliver 1.2GW.
Rigid but wobblesome
It's perfectly possible to conceive of a device, member or extremity which is intrinsically or under certain circumstances rigid, but flexibly attached to a handle, body, arm or control device, which makes it act in a wobblesome manner, particularly when waved.
Paris. Do I need to draw pictures?
That's canny hard like
Next up: Newcastle University sensors dropped into the Arctic Ocean wearing a strappy top and a pair of white stilettos.
Howay man, mine's the t-shirt with the snow on it.
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