The fair use doctrine permits the unauthorized digitization of copyrighted works in order to create a full-text searchable database, the U.S. Court of Appeals for the Second Circuit ruled June 10.Affirming summary judgment in favor of a consortium of university libraries, the court also ruled that the fair use doctrine permits the unauthorized conversion of those works into accessible formats for use by persons with disabilities, such as the blind.
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John Resig - JavaScript iPhone Apps - 0 views
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Review of JavaScript Apps and developer approaches for the iPhone. JiggyApp, WebTouch, JSCocoa, and PhoneGap are mentioned. WebTouch is very interesting in that it involves a WebKit instance such as that used by wiki-WORD. It's really simple and gives you a good entry point into the world of hybrid HTML/CSS/JavaScript/Objective-C/Cocoa development.
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Sun pitches new cloud as 'Open Platform' * - 0 views
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Sun takes on the problem of interoperability and portability of applications in a world where there will be many many clouds. At the roll out of the Sun Cloud, key executives explain Sun's implementation of Open Cloud API's and what they see as a pressing need for management tools that will allow some standardization across clouds.
Sun's Open Cloud API plan is a clean reuse of existing Open Web API's.
"..... The underpinning of the Open Cloud Platform that Sun will be pitching to developers is a set of cloud APIs, the creation of which is focused under Project Kenai and which has been released under a Community Commons open source license. Sun wants lots of feedback on the APIs and wants these APIs to become a standard too, hence the open license. These APIs describes how virtual elements in a cloud are created, started, stopped, and hibernated using HTTP commands such as GET, PUT, and POST...."
"...... The upshot is that these APIs will allow programmatic access to virtual infrastructure from Java, PHP, Python, and Ruby and that means system admins can script how virtual resources are deployed. The APIs, as co-creator Tim Bray explains in his blog, are written in JavaScript Object Notation (JSON), not XML. The Q-Layer software is a graphical representation of what is going on down in the APIs, and you can moving virtual resources into the cloud with a click of a mouse using the dashboard or programmatically using the APIs from those four programming languages listed above. (PHP support is not yet available, but will be)....." -
I can see why Sun picked those four languages first. Can I assume that with a bit of work, this API will be usable from any language with a C "foreign function interface", such as Perl, Common Lisp, Bourne shell, Squeak Smalltalk, and others that your server application might be written in?
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I read this comment that largely answers my question at: http://www.tbray.org/ongoing/When/200x/2009/03/16/Sun-Cloud "So right now JSON out of a shell tool is not so good. More things like this will create pressure for development of tools to change that, but years of widespread XML/HTML deployment have only produced a few oddly maintained tools. Perhaps that's because you can scrape quite a bit of the web with a couple sed passes, and if I were to have to deal with the mentioned tools, that's probably the route I'd take." (seth w. klein) In other words, with a bit of work, _anything_ that can talk text over HTTP can do this with a bit of work, but an object-oriented is likely to be more at home with JSON (JavaScript Object Notation)
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shared by Gonzalo San Gil, PhD. on 23 Jul 15
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EU Starts Geo-Blocking Antitrust Case Against U.S Movie Studios - TorrentFreak - 0 views
torrentfreak.com/ainst-u-s-movie-studios-150723
EU starts geoblcking antitrust case against US movie studios intellectual property enforcers don't agree themselves
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[ By Ernesto on July 23, 2015 C: 41 Breaking The European Union has today launched an antitrust investigation against several large U.S. movie studios and Sky UK. The European Commission wants to abolish geographical restrictions and has sent a statement of objections over the geo-blocking practices of six major US film studios including Disney, Paramount Pictures and Warner Bros. ...]
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shared by Gary Edwards on 19 Feb 09
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Desktop Web Applications using Sproutcore | rapid apps group - low cost, ethical web de... - 0 views
rapidappsgroup.com/...-applications-using-sproutcore
desktop webos webkit sproutcore javascript ruby
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Good article discussing the rapid advance of a WebOS for Web Applications based on the WebKit JavaScript model. Author focuses on Apple's SproutCore - Object C framework, but provides a very broad scope of discussion. Interesting stuff concerning the relationship between JavaScript, the SproutCore Framework, and Ruby. I found the link to this at the ReadWriteWeb story, "The Future of the Desktop" ........ "Desktop web applications offer the convenience of desktop applications and the interconnected power of web applications. This article looks at what they are, how they may evolve and focuses on Sproutcore, an open source framework for building them: The Internet is still evolving and the familiar struggle over who will control the platform of future web applications is still ongoing. Companies like Microsoft and Adobe provide platforms that build slick web applications but their aim is to dominate with proprietary systems that will effectively replace the browser. On the other side you have Google and Apple who have developed or support open web standards for developing web applications. If the proprietary companies win, future web applications could be locked into their systems and the incredible innovation that has driven the web to date may begin to falter.
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PhoneGap : JavaScript IDE for iPhone, Android, Blackberry - 0 views
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Also see post from Savio Rodgriguez. PhoneGap is funded by a grant from MIT. Open source. "PhoneGaps lets developers wrap web applications inside a native application using WebKit, making development easier for those who aren't familiar with Objective-C and Cocoa. In fact, the framework even includes a tool for easily doing this type of "native web app" packaging. And if a native web app wrapper sounds like it would be right up your alley, you can download PhoneGap for free and give it a whirl."
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shared by Gonzalo San Gil, PhD. on 16 Feb 16
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Cox Refuses to Spy on Subscribers to Catch Pirates - TorrentFreak [# ! Note] - 0 views
torrentfreak.com/ribers-to-catch-pirates-160215
challengecox refusal spy spying ISP ISPs subscribers pirates customers Intellectual Property vs privacy
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" Ernesto on February 15, 2016 C: 70 Breaking Cox Communications is objecting to a broad permanent injunction requested by music publisher BMG. The music group wants the ISP to spy on its subscribers and take action against those who download pirated material. Cox informs the court that these demands are overbroad, vague and possibly illegal."
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2nd Cir. Affirms That Creation of Full-Text Searchable Database of Works Is Fair Use | ... - 0 views
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The dispute is connected to the long-running conflict between Google Inc. and various authors of books that Google included in a mass digitization program. In 2004, Google began soliciting the participation of publishers in its Google Print for Publishers service, part of what was then called the Google Print project, aimed at making information available for free over the Internet.Subsequently, Google announced a new project, Google Print for Libraries. In 2005, Google Print was renamed Google Book Search and it is now known simply as Google Books. Under this program, Google made arrangements with several of the world's largest libraries to digitize the entire contents of their collections to create an online full-text searchable database.The announcement of this program triggered a copyright infringement action by the Authors Guild that continues to this day.
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Part of the deal between Google and the libraries included an offer by Google to hand over to the libraries their own copies of the digitized versions of their collections.In 2011, a group of those libraries announced the establishment of a new service, called the HathiTrust digital library, to which the libraries would contribute their digitized collections. This database of copies is to be made available for full-text searching and preservation activities. Additionally, it is intended to offer free access to works to individuals who have “print disabilities.” For works under copyright protection, the search function would return only a list of page numbers that a search term appeared on and the frequency of such appearance.
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Turning to the fair use question, the court first concluded that the full-text search function of the Hathitrust Digital Library was a “quintessentially transformative use,” and thus constituted fair use. The court said:the result of a word search is different in purpose, character, expression, meaning, and message from the page (and the book) from which it is drawn. Indeed, we can discern little or no resemblance between the original text and the results of the HDL full-text search.There is no evidence that the Authors write with the purpose of enabling text searches of their books. Consequently, the full-text search function does not “supersede[ ] the objects [or purposes] of the original creation.”Turning to the fourth fair use factor—whether the use functions as a substitute for the original work—the court rejected the argument that such use represents lost sales to the extent that it prevents the future development of a market for licensing copies of works to be used in full-text searches.However, the court emphasized that the search function “does not serve as a substitute for the books that are being searched.”
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The court also rejected the argument that the database represented a threat of a security breach that could result in the full text of all the books becoming available for anyone to access. The court concluded that Hathitrust's assertions of its security measures were unrebutted.Thus, the full-text search function was found to be protected as fair use.
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The court also concluded that allowing those with print disabilities access to the full texts of the works collected in the Hathitrust database was protected as fair use. Support for this conclusion came from the legislative history of the Copyright Act's fair use provision, 17 U.S.C. §107.
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shared by Paul Merrell on 16 Sep 08
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Expert System Guns for Google with Semantic Search, Advertising - 0 views
www.eweek.com/...th-Semantic-Search-Advertising
adsense cogito engines expert google hakia powerset search semantic systems yedda zoomix
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Would-be Google AdSense rival Expert System launches its Cogito Semantic Advertiser tool, which discerns the meaning and context of words to provide more relevant ads. By leveraging semantic technologies, Expert System joins a cadre of search providers that includes Microsoft-owned Powerset, Hakia, Yedda and Zoomix.
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The problem is that AdSense relies on keyword frequency but doesn't drill down into the semantics—the meaning in the words. Cogito Semantic Advertiser attempts to go further by using semantic intelligence to analyze the text on each page and ensure that ads are placed appropriately to increase click-through rates.
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Asher told me Cogito Semantic Advertiser understands content based on four key methodologies: studying the morphology of words; looking at parts of speech; sentence logic, or the reduction of sentences to subject, verb and object; and disambiguation, which in the case of the jaguar story paired with the Jaguar car ad would determine whether or not the text referred to a car or an animal.
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Rapid - Press Releases - EUROPA - 0 views
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The Commission found that Intel engaged in two specific forms of illegal practice. First, Intel gave wholly or partially hidden rebates to computer manufacturers on condition that they bought all, or almost all, their x86 CPUs from Intel. Intel also made direct payments to a major retailer on condition it stock only computers with Intel x86 CPUs. Such rebates and payments effectively prevented customers - and ultimately consumers - from choosing alternative products. Second, Intel made direct payments to computer manufacturers to halt or delay the launch of specific products containing competitors’ x86 CPUs and to limit the sales channels available to these products.
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Intel awarded major computer manufacturers rebates on condition that they purchased all or almost all of their supplies, at least in certain defined segments, from Intel: Intel gave rebates to computer manufacturer A from December 2002 to December 2005 conditional on this manufacturer purchasing exclusively Intel CPUs Intel gave rebates to computer manufacturer B from November 2002 to May 2005 conditional on this manufacturer purchasing no less than 95% of its CPU needs for its business desktop computers from Intel (the remaining 5% that computer manufacturer B could purchase from rival chip maker AMD was then subject to further restrictive conditions set out below) Intel gave rebates to computer manufacturer C from October 2002 to November 2005 conditional on this manufacturer purchasing no less than 80% of its CPU needs for its desktop and notebook computers from Intel Intel gave rebates to computer manufacturer D in 2007 conditional on this manufacturer purchasing its CPU needs for its notebook computers exclusively from Intel.
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Intel structured its pricing policy to ensure that a computer manufacturer which opted to buy AMD CPUs for that part of its needs that was open to competition would consequently lose the rebate (or a large part of it) that Intel provided for the much greater part of its needs for which the computer manufacturer had no choice but to buy from Intel. The computer manufacturer would therefore have to pay Intel a higher price for each of the units supplied for which the computer manufacturer had no alternative but to buy from Intel. In other words, should a computer manufacturer fail to purchase virtually all its x86 CPU requirements from Intel, it would forego the possibility of obtaining a significant rebate on any of its very high volumes of Intel purchases. Moreover, in order to be able to compete with the Intel rebates, for the part of the computer manufacturers' supplies that was up for grabs, a competitor that was just as efficient as Intel would have had to offer a price for its CPUs lower than its costs of producing those CPUs, even if the average price of its CPUs was lower than that of Intel.
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In its decision, the Commission does not object to rebates in themselves but to the conditions Intel attached to those rebates.
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Furthermore, Intel made payments to major retailer Media Saturn Holding from October 2002 to December 2007 on condition that it exclusively sold Intel-based PCs in all countries in which Media Saturn Holding is active.
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For example, rival chip manufacturer AMD offered one million free CPUs to one particular computer manufacturer. If the computer manufacturer had accepted all of these, it would have lost Intel's rebate on its many millions of remaining CPU purchases, and would have been worse off overall simply for having accepted this highly competitive offer. In the end, the computer manufacturer took only 160,000 CPUs for free.
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Intel also interfered directly in the relations between computer manufacturers and AMD. Intel awarded computer manufacturers payments - unrelated to any particular purchases from Intel - on condition that these computer manufacturers postponed or cancelled the launch of specific AMD-based products and/or put restrictions on the distribution of specific AMD-based products. The Commission found that these payments had the potential effect of preventing products for which there was a consumer demand from coming to the market. The Commission found the following specific cases: For the 5% of computer manufacturer B’s business that was not subject to the conditional rebate outlined above, Intel made further payments to computer manufacturer B provided that this manufacturer : sold AMD-based business desktops only to small and medium enterprises sold AMD-based business desktops only via direct distribution channels (as opposed to through distributors) and postponed the launch of its first AMD-based business desktop in Europe by 6 months. Intel made payments to computer manufacturer E provided that this manufacturer postponed the launch of an AMD-based notebook from September 2003 to January 2004. Before the conditional rebate to computer manufacturer D outlined above, Intel made payments to this manufacturer provided that it postponed the launch of AMD-based notebooks from September 2006 to the end of 2006.
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The Commission obtained proof of the existence of many of the conditions found to be illegal in the antitrust decision even though they were not made explicit in Intel’s contracts. Such proof is based on a broad range of contemporaneous evidence such as e-mails obtained inter alia from unannounced on-site inspections, in responses to formal requests for information and in a number of formal statements made to the Commission by the other companies concerned. In addition, there is evidence that Intel had sought to conceal the conditions associated with its payments.