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Danny Thorne

US CODE: Title 17,101. Definitions - 0 views

  • A “computer program” is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
  • “Copies” are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “copies” includes the material object, other than a phonorecord, in which the work is first fixed.
  • “Copyright owner”, with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right.
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  • A work is “created” when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.
  • “Literary works” are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.
  • “Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.
nagareochiru

Blade Runner - Wikipedia, the free encyclopedia - 0 views

  • The screenplay, written by Hampton Fancher and David Peoples, was based on the novel Do Androids Dream of Electric Sheep? by Philip K. Dick.
  • It is one of the most literate science fiction films, both thematically enfolding the philosophy of religion and moral implications of the increasing human mastery of genetic engineering, within the context of classical Greek drama and its notions of hubris,[39] and draws on Biblical images, such as Noah's flood,[40] and literary sources, such as Frankenstein.[41]
  • Blade Runner delves into the future implications of technology on the environment and society by reaching into the past using literature, religious symbolism, classical dramatic themes and film noir. This tension between past, present and future is apparent in the retrofitted future of Blade Runner, which is high-tech and gleaming in places but elsewhere decayed and old.
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  • A high level of paranoia is present throughout the film with the visual manifestation of corporate power, omnipresent police, probing lights, and in the power over the individual represented particularly by genetic programming of the replicants. Control over the environment is seen on a large scale, hand in hand with the seeming absence of any natural life, with artificial animals being created as a substitute for the extinct originals.
nagareochiru

Science Fiction Writer Robert J. Sawyer: Y3K: Artificial Intelligence - 0 views

  • Within a century, it will be possible to scan a human mind and reproduce it inside a machine. Regardless of whether our minds are just very sophisticated analog computers, or whether they have a quantum-mechanical element (as Roger Penrose proposes), we will nonetheless be able to duplicate them artificially.
  • Already, at the close of the second millennium, a transhumanist movement has begun; Christopher Dewdney is the principal Canadian spokesperson for it. This movement holds that uploading our consciousness into machines is desirable, since that will free us from biological aging and death. On the other hand (a decidedly biological metaphor), there is more to being human than just the networks of synapses in our brains; clearly, much of what we are is tied in intimately with our bodies. We may find that uploaded humans are not happy — indeed, are incapable of happiness or any emotion.
  • Just as laws today are moving toward recognizing a woman's right to control her body and any separate sentience that may be contained within it, so too will the laws of the future recognize the right of humans to upload their consciousness and then dispose of the original biological versions of themselves; such eliminations will not be seen as suicides or murders, but rather as a natural, perfectly legal step, eliminating a no-longer-needed biological container and preserving the uniqueness of the individual.
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  • It may, in fact, be dangerous to build conscious machines that are more intelligent than we are; just as intelligence may be an emergent property of sufficiently complex systems, so too may ambition and desire be emergent properties of sufficiently intelligent systems.
  • Although we used to consider the mastery of chess to be the pinnacle of human intellectual achievement, we've had to concede that it is simply a mathematical problem, and even today's primitive computers can do it better than the most skilled human. But there are other realms — including art, philosophy, and scientific theorizing — that, because of their intuitive, nonlinear nature, we may always be better at than any machine. Our AI servants may free humanity at the dawn of the fourth millennium to concentrate on these areas.
Danny Thorne

Perfect 10, Inc. v. Amazon.com, Inc., et al. - Internet Library of Law and Court Decisions - 0 views

  • transformative nature of the thumbnails Google created, which, by facilitating the public’s ability to search the web for images, serve a different purpose than the original images, which are designed to entertain.
  • Google does not store the images contained on such third party web pages in its cache.  Rather, all that these cached copies contain are html instructions setting forth the location on the internet where the image can be found
  • the Copyright Act, unlike the Trademark Act, does not protect a copyright holder against acts that cause consumer confusion.
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  • Perfect 10 claimed that by assisting users in locating and obtaining access to third party sites that themselves contained infringing images, Google was guilty of contributory infringement.
  • Said the Ninth Circuit:  “Google’s failure to change it operations to avoid assisting websites to distribute their infringing content may constitute contributory liability …”.
  • The District Court was also directed to determine whether Google was immunized from liability for such contributory infringement claims by operation of the Digital Millennium Copyright Act (“DMCA”).  The DMCA immunizes Service Providers such as Google from liability “for infringement [including contributory infringement] of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer or hypertext link,” if the service provider meets certain specified criteria.  The parties disputed whether Google in fact met such criteria, and qualified for the protections of the DMCA.  This issue was left to the District Court on remand.
  • Google had no contractual or other right to cause such third party websites to stop displaying infringing content.  As such, the Ninth Circuit held, Perfect 10’s vicarious copyright infringement claims were likely to fail.
  • only delivered html instructions – to wit in-line links – to its users, and not the actual images themselves
  • a user’s act of “caching” copies of infringing images in his computer as part of his review of such infringing materials was a fair use protected from claims of copyright infringement.
nagareochiru

Dune (novel) - Wikipedia, the free encyclopedia - 0 views

  • He took a plane to Florence, Oregon, where the USDA was sponsoring a lengthy series of experiments in using poverty grasses to stabilize and slow down the damaging sand dunes, which could "swallow whole cities, lakes, rivers, highways."[5] Herbert's article on the dunes, "They Stopped the Moving Sands," was never completed (and only published decades later in an incomplete form in The Road to Dune), but it sparked Herbert's interest in the general subject of ecology and related matters.
  • The CHOAM corporation is the major underpinning of the Imperial economy, with shares and directorships determining each House's income and financial leverage.
  • Melange is crucial as it enables space travel, which in turn is monopolized by the Spacing Guild; its Navigators use the spice to safely plot a course for the Guild's Heighliner ships via prescience using "foldspace" technology, which allows instantaneous travel to anywhere in the galaxy.
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  • Dune responded in 1965 with its complex descriptions of Arrakis life, from giant sandworms (for whom water is deadly) to smaller, mouse-like life forms adapted to live with limited water. The inhabitants of the planet, the Fremen, must compromise with the ecosystem they live in—sacrificing some of their desire for a water-laden planet in order to preserve the sandworms which are so important to their culture. In this way, Dune foreshadowed the struggle the world would have following Carson's book in balancing human and animal life.
  • Environmentalists have pointed out that Dune's popularity as a novel depicting a planet as a complex—almost living—thing, in combination with the first images of earth from space during the same time period being published, was instrumental in environmental movements such as the creation of Earth Day in many nations worldwide.[11]
  • The Fremen also are more capable of self-sacrifice, putting the community before themselves in every instance, while the world outside wallows in personal comfort at the expense of others. In all these characteristics, Dune is not alone in drawing from Gibbon's work, as Isaac Asimov creates a similarly declining empire in his Foundation series, as does Arthur C. Clarke in his The City and the Stars.[12]
Danny Thorne

Intellectual Property Professional Information Center: PLI Panelists Critical of Trends... - 0 views

  • In May, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction barring Google Inc. from displaying thumbnail versions of photographs found on an adult-oriented Web site, reasoning that the Web site owner was unlikely to overcome Google's fair use defense. Perfect 10 Inc. v. Amazon.com Inc., 487 F.3d 701 (9th Cir. 2007).
  • Jeffrey P. Cunard, of Debevoise & Plimpton, Washington, D.C., > termed secondary liability a “leaping mess,” which he > attributed to an effort on the part of the courts to erode the > Sony-Betamax > prescription for secondary liability, and not have > it apply in a digital era. > In Sony Corp. v. Universal Studios Inc., 464 U.S. 417 (1984), the U.S. Supreme Court held that if a technology is “capable of substantial noninfringing uses,” the manufacturer of that technology cannot be liable for the infringing acts of users.
  • Metro-Goldwyn-Mayer Studios > Inc. v. Grokster Ltd. > , 125 S.Ct. 2764, 33 Med.L.Rptr. 1865 (2005) >
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  • Grokster > defendants had taken affirmative steps to foster > infringement. >
  • the court emphasized that facilitating a payment is peripheral to the > actual infringement, which is the unauthorized distribution of a > copyrighted work. >
  • Perfect 10 Inc. v. Visa International Service > Association, > 494 F.3d 788 (9th Cir. 2007) >
  • the key issue in secondary liability is the business model.
  • copyright law is out of sync with developments in technology.
  • statutory damages for secondary liability should be written out of the Copyright Act.
  • dramatic growth in online advertising and new business models will continue to shape the legal landscape, and predicted, in particular, an explosion in legal issues related to social networking.
nagareochiru

CG Jung Page - The Birth of the Bomb: Leo Szilard - 0 views

  • Shortly before his intuition about an atomic bomb, Leo Szilard had been reading The World Set Free by H. G. Wells--a novel about a German invasion of France and the use of atomic bombs in a global war, a novel written in 1913 but set in the 21st century. Wells called his radioactive element Carolinum: "once its degenerative process had been induced, [Carolinum] continued a furious radiation of energy, and nothing could arrest it." In 1913, Wells was already writing about radioactive decay, half-lives, burning cities, even about deforestation, diminishing supplies of coal and oil, and the rush toward bankruptcy. And he inspired Szilard. Wells wrote--and Szilard read--of the final achievement of a world government and the abolition of atomic weapons--the "world set free." "The catastrophe of atomic bombs shook men...," Wells wrote, "out of their old-established habits of thought." And it was H.G. Wells who gave us the phrase, "a war to end all war."
nagareochiru

Fahrenheit 451 - Wikipedia, the free encyclopedia - 0 views

  • It is a critique of what Bradbury saw as an increasingly dysfunctional American society, written in the early years of the Cold War.
  • Bradbury has stated that the novel is not about censorship; he states that Fahrenheit 451 is a story about how television destroys interest in reading literature, which ultimately leads to ignorance of total facts.[3]
  • Anyone caught reading books is, at the minimum, confined in a mental hospital, while the books are taken away and burned; at the maximum, the penalty is a sentence to immediate death. The main books that are not allowed are those, of great and famous works of literature, by many famous writers, such as Dickenson, Poe, Twain, and others.
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  • Captain Beatty claims that society, in its search for happiness, brought about the suppression of literature through an act of self-censorship and that the totalitarian government merely took advantage of the situation.
  • Mechanical Hound The mechanical hound exists in the original book but not in the 1966 film. It is an emotionless, 8-legged killing machine that can be programmed to seek out and destroy free thinkers, hunting them down by scent. It can remember as many as 10,000 scents of others it is tracking down. The hound is blind to anything but the destruction for which it is programmed. It has a proboscis in a sheath on its snout, which injects lethal amounts of morphine or procaine.
  • In writing the short novel Fahrenheit 451 I thought I was describing a world that might evolve in four or five decades. But only a few weeks ago, in Beverly Hills one night, a husband and wife passed me, walking their dog. I stood staring after them, absolutely stunned. The woman held in one hand a small cigarette-package-sized radio, its antenna quivering. From this sprang tiny copper wires which ended in a dainty cone plugged into her right ear. There she was, oblivious to man and dog, listening to far winds and whispers and soap-opera cries, sleep-walking, helped up and down curbs by a husband who might just as well not have been there. This was not fiction.[6]
nagareochiru

Science Fiction Writer Robert J. Sawyer: Isaac Asimov (Toronto Star) - 0 views

  • Dr. Asimov, 65, is a severe critic of Star Wars. "I'm against it, not because I'm a science-fiction writer, and therefore have special knowledge, but because I like to think I'm a sane human being." He believes Star Wars is a dangerous waste of money. "They're talking about spending $33 billion on research related to Star Wars. We're going to withdraw money from needed aspects of developing knowledge in order to set up something that probably won't work and even if it does work, won't do us any good."
  • Part of the problem with Star Wars is that it will take years to develop. "If I were the Soviet Union, I would have spent all this time trying to work up methods to penetrate the shield," said Asimov, who was born in Russia but grew up in New York. "I have a strong suspicion it would be cheaper to penetrate the shield than to set it up. "And if we're in real danger of a nuclear war now, trying to set up something for the middle of the 21st century isn't going to do us any good. In fact, by filling us full of false confidence, we're not going to make a strong enough effort to prevent war now."
  • "There are science-fiction writers, notably myself and Arthur C. Clarke, who were anti-Vietnam and are anti-Star Wars," said Asimov. Clarke, the author of 2001: A Space Odyssey, was born in England and lives in Sri Lanka. "Clarke was howled down once by someone saying as a non-American citizen he had no right to make comments about Star Wars. That's an extremely stupid remark. "If you have no right to decry the policy of a country unless you are a citizen of that country, why the hell is Reagan always yelling about the Soviet Union? Is he a Soviet citizen?"
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  • "I'm convinced nuclear winter is actually something that will happen," said Asimov. "Unless we're completely insane, we don't dare take the chance. So what the hell good is this whole damned thing?"
nagareochiru

The War of the Worlds - Wikipedia, the free encyclopedia - 0 views

  • Wells depicts the Martians firing spacecraft to Earth from a giant space gun, a common representation of space travel in the late 19th and early 20th centuries, bearing similarity to the modern spacecraft propulsion concept of mass drivers.
  • Military theorists of that era had many speculations of building a "fighting-machine" or "land dreadnought" (as the Royal Navy called this hypothetical machine on which some experiments were made just before the First World War). Wells's concept of the Martian tripods, fast-moving and equipped with Heat-Rays and black smoke, represents an ultimate end to these speculations, although Wells also presents a less fantastical depiction of the armoured fighting vehicle in his short story "The Land Ironclads". [1] [2]
  • On a different field, the book explicitly suggests that the Martians' anatomy may reflect the far future development of mankind itself — i.e. that with the increasing development of machines, the body is largely discarded and what remains is essentially a brain that "wears" a different (mechanical) body for every need, just as humans wear the clothes appropriate to a particular weather or work.
Danny Thorne

DigitalConsumer.org Overview - 0 views

  • You buy a CD but can't take it to the gym. The Audio Home Recording Act legalized our right to copy music for personal use -- for example, making a tape of a CD to use in a Walkman. But new copyright legislation makes it a crime to extract music from copy-protected CDs. You pay for cable but you aren't allowed to use your VCR. In the Betamax case, the Supreme Court ruled that making a copy of a TV show was a legal, non-infringing use of broadcast content. But new HDTV standards will make it illegal to copy a digital broadcast without the permission of the TV station. You buy a DVD but you can't watch it the way you want to. It seems obvious that users should have the ability to fast-forward and rewind movies as they see fit. But new copyright laws threaten that right: it is a crime to sell a DVD player that would allow a consumer to fast-forward through the ads at the beginning of a DVD! You own an electronic book, but you can't lend it to your son at college. Your right to lend a physical book is protected by the "first sale doctrine." This law states that purchasers of copyrighted works such as music or books have the right to dispose of the works in any way that they wish: they can sell them, loan them, rent them, or give them away. But new copyright laws criminalize all of those activities for digital content such as electronic books.
Danny Thorne

"Intellectual property" is a silly euphemism | Technology | guardian.co.uk - 0 views

  • people who've "had their property stolen" are a lot more sympathetic in the public imagination than "industrial entities who've had the contours of their regulatory monopolies violated", the latter being the more common way of talking about infringement until the ascendancy of "intellectual property" as a term of art.
  • facts are not copyrightable, so no one can be said to "own" your address, National Insurance Number or the PIN for your ATM card. Nevertheless, these are all things that you have a strong interest in, and that interest can and should be protected by law.
  • there's plenty of stuff out there that's valuable even though it's not property. For example, my daughter was born on February 3, 2008. She's not my property. But she's worth quite a lot to me.
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  • The state should regulate our relative interests in the ephemeral realm of thought, but that regulation must be about knowledge, not a clumsy remake of the property system.
nagareochiru

Star Trek - Wikipedia, the free encyclopedia - 0 views

  • The protagonists are essentially altruists whose ideals are sometimes only imperfectly applied to the dilemmas presented in the series. The conflicts and political dimensions of Star Trek form allegories for contemporary cultural realities; Star Trek: The Original Series addressed issues of the 1960s,[2] just as later spin-offs have reflected issues of their respective eras. Issues depicted in the various series include war and peace, authoritarianism, imperialism, class warfare, economics, racism, human rights, sexism and feminism, and the role of technology.[3]
  • The Star Trek franchise is believed to have motivated the design of many current technologies, including the Tablet PC, the PDA, mobile phones and the MRI (based on Dr. McCoy's diagnostic table).[37] It has also brought to popular attention the concept of teleportation with its depiction of "matter-energy transport."
Danny Thorne

Music Publisher Settles Copyright Skirmish Over Guthrie Classic | Electronic Frontier F... - 0 views

  • According to EFF, the initial copyright term was triggered when Guthrie sold his first versions of the song as sheet music in 1945. The copyright on the song then ran out when Ludlow failed to renew its registration in 1973. Ludlow believes its copyright -- initially filed in 1956 and renewed in 1984 -- remains valid and disputes EFF's claims.
  • The idea of copyright law is that, after a time, every work comes back into the hands of the public, where it can be reused, recycled, made part of new creativity without having to pay a fee or call in the lawyers. That's a great thing, the real genius of copyright.
  • JibJab dismissed its suit against Ludlow today. As part of the settlement of the case, JibJab will remain free to continue distributing the "This Land" animation without further interference from Ludlow.
Danny Thorne

Did You Say "Intellectual Property"? It's a Seductive Mirage - GNU Project - Free Softw... - 0 views

  • The term carries a bias that is not hard to see: it suggests thinking about copyright, patents and trademarks by analogy with property rights for physical objects. (This analogy is at odds with the legal philosophies of copyright law, of patent law, and of trademark law, but only specialists know that.) These laws are in fact not much like physical property law, but use of this term leads legislators to change them to be more so. Since that is the change desired by the companies that exercise copyright, patent and trademark powers, the bias of “intellectual property” suits them.
  • one issue relating to copyright law is whether music sharing should be allowed. Patent law has nothing to do with this. Patent law raises issues such as whether poor countries should be allowed to produce life-saving drugs and sell them cheaply to save lives. Copyright law has nothing to do with such matters.
  • If you want to think clearly about the issues raised by patents, or copyrights, or trademarks, the first step is to forget the idea of lumping them together, and treat them as separate topics.
Danny Thorne

US CODE: Title 17,107. Limitations on exclusive rights: Fair use - 0 views

  • the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
Erika Foreman

Copy protection - Wikipedia, the free encyclopedia - 0 views

  • Companies that choose to publish works under copy protection do so because they believe that the added expense of implementing the copy protection will be offset by even greater increases in revenue by creating a greater scarcity of casually copied media. Opponents of copy protection argue that people who obtain free copies only use what they can get for free, and would not purchase their own copy if they were unable to obtain a free copy. Some even argue that it increases profit; people who receive a free copy of a music CD may then go and buy more of that band's music, which they would not have done otherwise. Some publishers have avoided copy-protecting their products, on the theory that the resulting inconvenience to their users outweighs any benefit of frustrating "casual copying".
Danny Thorne

Blizzard Entertainment - Wikipedia, the free encyclopedia - 0 views

  • Despite offers from the bnetd developers to integrate Blizzard's CD key checking system into bnetd, Blizzard claims that the public availability of any such software package facilitates piracy, and moved to have the bnetd project shut down under provisions of the DMCA.[citation needed] As this case is one of the first major test cases for the DMCA, the Electronic Frontier Foundation became involved, for a while negotiations were ongoing to resolve the case without a trial. The negotiations failed however, and Blizzard won the case on all counts: the defendants were ruled to have breached both StarCraft's End User License Agreement (EULA) and the Terms of Use of Battle.net.
Danny Thorne

Web Host Industry News | The BitTorrent Debate - 0 views

  • BitTorrent accounted for 53 percent of all P2P Internet traffic in June of 2004.
  • P2P traffic accounts for two-thirds of the traffic on the 'Net
  • the Copyright Cartel is not going after the technology or the hosting companies. It is targeting Web site owners who have links on their sites to copyrighted material it is illegal for them to offer.
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  • BitTorrent is just a transport protocol like HTTP.
  • development of the INDUCE act in the US. This onerous piece of legislation has the intent to outlaw any technologies that might be used for the purpose of illegal copying.
Danny Thorne

Idea-expression divide - Wikipedia, the free encyclopedia - 0 views

  • designed to protect the fixed expression or manifestation of an idea rather than the fundamental idea itself.
  • Copyright therefore may not subsist in the idea of a man venturing out on a quest, but may subsist in a particular story which follows that pattern.
  • Critics of the this so-called dichotomy point out that in many cases, the "expression" and the "idea" are both intangible ideas, and the nature of any such "expression" is inherently subjective. For example, in the case of the adventure story cited above, one judge might rule that changing the names, quest items, and personal habits of all the characters in the story is perhaps enough to create a distinct "expression"; other judges might rule that the two story ideas are essentially "the same", and do not have distinct "expressions".
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