Eggtastic
Apr 25, 01:50 PM
not cool. i was hoping to sell my 06' MBP to upgrade to hopefully an updated MBA line. but now this means i have to wait more...
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Published works, such as these icons, are entitled to less protection than unpublished.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.
rmhop81
Apr 22, 09:40 AM
And the other 14-16 hours of the day where I'm not at home, but at work, traveling, at coffee shops, walking, relaxing, jogging, etc.?
You do realize iPods are portable music players right? Meaning they likely get most use outside of the home.
you won't have access to it like pandora so you wont' have to worrry.....
again, if you are unlimited or bigger data cap it won't matter.
plus my work has wifi...i'm sure a lot of other people have the same.
You do realize iPods are portable music players right? Meaning they likely get most use outside of the home.
you won't have access to it like pandora so you wont' have to worrry.....
again, if you are unlimited or bigger data cap it won't matter.
plus my work has wifi...i'm sure a lot of other people have the same.
jacob1201
Sep 12, 04:17 PM
will search and quick scroll be in my ipod's next update?
I've updated the software... games work, quick scroll works... but no search :(... unless I'm just blind and am missing something. Seems like it should be there, since everything else seems to be, right? Any thoughts?
I've updated the software... games work, quick scroll works... but no search :(... unless I'm just blind and am missing something. Seems like it should be there, since everything else seems to be, right? Any thoughts?
skunk
Sep 1, 08:01 AM
I;;,m drunkn as a skunk. Oi! :mad:
;)
;)
Chundles
Aug 31, 11:33 AM
I'll believe it when I see the invitation, a proper one, not one of my dodgy photoshopped ones.
ChazUK
Mar 29, 11:53 AM
Wirelessly posted (Mozilla/5.0 (Linux; U; Android 2.3.3; en-gb; Blade Build/FRG83) AppleWebKit/533.1 (KHTML, like Gecko) Version/4.0 Mobile Safari/533.1)
It'll be interesting to see what the Nokia deal will do for MSFT. As things stand now I can't see this happening but you never know.
It'll be interesting to see what the Nokia deal will do for MSFT. As things stand now I can't see this happening but you never know.
DaveK
Sep 13, 10:37 PM
Does anyone know if the new HSDPA networks have the bandwidth to allow video iChat?
SeaFox
Sep 26, 09:42 PM
Cingular is one of the only GSM providers in the USA. This is great news!
Yeah, one of the only ones besides T-Mobile, AllTel, and AT&T Wireless (who they bought out). :rolleyes:
Yeah, one of the only ones besides T-Mobile, AllTel, and AT&T Wireless (who they bought out). :rolleyes:
Stella
Mar 29, 11:24 AM
Wirelessly posted (Opera/9.80 (S60; SymbOS; Opera Mobi/SYB-1103211396; U; en-US) Presto/2.7.81 Version/11.00)
I can belief this. Nokia is a strong brand and will definitely have a large impact on WP7 marketshare. The phone market does'nt revolve around the States.
I can belief this. Nokia is a strong brand and will definitely have a large impact on WP7 marketshare. The phone market does'nt revolve around the States.
LightSpeed1
Mar 29, 02:21 PM
As far as windows phone market share passing iPhone ever - I'll believe that $#*% when I see it.
cube
Apr 14, 12:42 PM
What about the MacBook and MacBook Air?
Not real Macs.
Not real Macs.
donlphi
Sep 5, 08:56 PM
What the hell are you talking about? I don't know what HD trailers you were downloading, but they look fantastic on my screen. Also, yes, some of them take forever if you're on a slower connection but it sounds as though everyone's banking on broadband these days; it has become the rule, not the exception.
I downloaded a couple trailers and watched them on two different displays, and they were not "Fantastic"... perhaps fantastic compared to watching the low res version in full screen mode. I am talking about blowing it up and filling the screen with the trailer. It skipped frames, picture froze once in a while.
Either way, what are you going to do with a HD version of the movie on your computer? Stream it onto your TV from the room next door? If it's that slow with a 2 minute teaser on an Apple Store connection, and my home Comcast connection (which is generally slow - hurry up USB EVDO CARD!!!), I don't see people wanting to buy it, other than the fact that it is a new Apple product.
I certainly didn't run rigorous tests, just tried watching the new Transformers trailer, clicked the HD version of it, blew it up to full screen, and watched the chunks of video stop everywhere.
If you want to see TRUE HD, get comcast or any other Digital cable provider and watch the HD feed of NBC for a minute. THAT is what HD should look like. If it doesn't look clear, what's the point?
with that said, here is a picture of the new video HD video iPOD. This girl is carrying the ipod unit in her left hand and holding onto the 2 TB Hard Drive on her shoulder.
The bag comes in 3 different colors, which is nice, blue, pink, and titanium.
56728
I downloaded a couple trailers and watched them on two different displays, and they were not "Fantastic"... perhaps fantastic compared to watching the low res version in full screen mode. I am talking about blowing it up and filling the screen with the trailer. It skipped frames, picture froze once in a while.
Either way, what are you going to do with a HD version of the movie on your computer? Stream it onto your TV from the room next door? If it's that slow with a 2 minute teaser on an Apple Store connection, and my home Comcast connection (which is generally slow - hurry up USB EVDO CARD!!!), I don't see people wanting to buy it, other than the fact that it is a new Apple product.
I certainly didn't run rigorous tests, just tried watching the new Transformers trailer, clicked the HD version of it, blew it up to full screen, and watched the chunks of video stop everywhere.
If you want to see TRUE HD, get comcast or any other Digital cable provider and watch the HD feed of NBC for a minute. THAT is what HD should look like. If it doesn't look clear, what's the point?
with that said, here is a picture of the new video HD video iPOD. This girl is carrying the ipod unit in her left hand and holding onto the 2 TB Hard Drive on her shoulder.
The bag comes in 3 different colors, which is nice, blue, pink, and titanium.
56728
TrollToddington
Apr 23, 07:47 AM
Why assume people want to game on the go ? I don't game on the go with my MBA, I usually use it to VPN to work on the go or to do some hobby programming. However, when home, I plug it into my external monitor and I game there. Why wouldn't people with 11" do the same ? Play some WoW/StarCraft/Civilization/Portal/Whatever at home when "docked", unplug and take the laptop on the Go for other tasks they need to do away from home ?If you read my post more carefully you'll understand I was referring to the people who play games on the 11". As far as I'm concerned, working on a laptop with an external monitor plugged in is an exception (rare) and not something common.
Are you guys so short sighted you can't see a lot of us don't have 2 computers ? What's the use when the MBA is capable of everything ?Perhaps you mean it is capable of everything you need it to do. I used to have a laptop as a single computer at my home. It resembled a Christmas tree pretty much - it had an USB optical mouse, a printer, external speakers, a Yamaha keyboard, card reader and power cord plugged in. I was always plugging and unplugging cables whenever I wanted to move it to another place. Thank goodness I did not come to the idea to attach an external monitor to it.
Are you guys so short sighted you can't see a lot of us don't have 2 computers ? What's the use when the MBA is capable of everything ?Perhaps you mean it is capable of everything you need it to do. I used to have a laptop as a single computer at my home. It resembled a Christmas tree pretty much - it had an USB optical mouse, a printer, external speakers, a Yamaha keyboard, card reader and power cord plugged in. I was always plugging and unplugging cables whenever I wanted to move it to another place. Thank goodness I did not come to the idea to attach an external monitor to it.
paradox00
Apr 14, 01:27 PM
It's pretty funny that people think that TB is designed to replace USB and therefore competing against it. Saying that is like suggesting that PCIe and DP are competing against USB, because that's what TB is. If your computer doesn't have USB 3.0 and you want it, what do you plug the USB 3.0 controller card into? PCIe of course... how is USB 3.0 competing with the thing it plugs into???
Intel announcing that their future chipsets will support TB and USB 3.0 is great news. It makes a monitor (connected to a computer through a single cable) with a USB 3.0 dock possible and it means all Intel based PCs will ship with TB standard.
TB isn't there to replace USB mice. It's there to provide high speed access to raid arrays, enable universal docking stations with a full array of ports (think USB, eSata, HDMI, audio, etc) connected to a computer through a single cable, and allow laptops to better utilize external graphics cards. The possibilities of extending the PCIe bus outside of the computer are limitless, I can't wait to see what people dream up (especially as speeds ramp up).
USB and TB are largely complimentary. One exception is external hard drives of course and TB is far superior in that aspect (theres a reason raid controllers are plugged into PCIe). Why people are opposed to this is beyond me.
Intel announcing that their future chipsets will support TB and USB 3.0 is great news. It makes a monitor (connected to a computer through a single cable) with a USB 3.0 dock possible and it means all Intel based PCs will ship with TB standard.
TB isn't there to replace USB mice. It's there to provide high speed access to raid arrays, enable universal docking stations with a full array of ports (think USB, eSata, HDMI, audio, etc) connected to a computer through a single cable, and allow laptops to better utilize external graphics cards. The possibilities of extending the PCIe bus outside of the computer are limitless, I can't wait to see what people dream up (especially as speeds ramp up).
USB and TB are largely complimentary. One exception is external hard drives of course and TB is far superior in that aspect (theres a reason raid controllers are plugged into PCIe). Why people are opposed to this is beyond me.
Makosuke
Nov 13, 02:01 PM
With policies like this, the App Store might just eventually die.Yeah, right. It would take a whole lot more than a few dozen (heck, a few HUNDRED) cheesed-off developers to kill the app store. If they turned all development off today, it would still be successful.
That said, when Rogue Amoeba jumps ship over what seems a pretty blatant case of policy clashing with logic and common sense, that's a bad sign that you're doing stuff wrong.
It's not 100% black and white, but really, Apple should be doing a better job than this. They do seem to be gradually improving--there have been many signs that they ARE listening to the complaints, and moving toward addressing at least some of them--but the company should be doing more.
If anything, I'd much rather the app store approval process were brutally exclusionary about apps with bugs or ugly/non-"iPhone-like" UIs than nit-picking branding issues.
Basically, if the walled garden had a bouncer who was a style-nazi I'd be much happier than the relatively lenient lawyer currently standing at the gate.
That said, when Rogue Amoeba jumps ship over what seems a pretty blatant case of policy clashing with logic and common sense, that's a bad sign that you're doing stuff wrong.
It's not 100% black and white, but really, Apple should be doing a better job than this. They do seem to be gradually improving--there have been many signs that they ARE listening to the complaints, and moving toward addressing at least some of them--but the company should be doing more.
If anything, I'd much rather the app store approval process were brutally exclusionary about apps with bugs or ugly/non-"iPhone-like" UIs than nit-picking branding issues.
Basically, if the walled garden had a bouncer who was a style-nazi I'd be much happier than the relatively lenient lawyer currently standing at the gate.
jsoto
Apr 28, 03:24 PM
Congrats!:D
max pl
Mar 29, 12:21 PM
It would be more interesting to see their PROFIT SHARE predictions.
yes profit is so, so important for us consumers.
:rolleyes:
yes profit is so, so important for us consumers.
:rolleyes:
outlier
Sep 19, 11:46 PM
... between you, the uber-eager-Apple-poster -- and -- the guy-who-represents-the-other-90%-of-Apple's-revenue.
Yes, while *every* *single* *one* of Apple's bread-and-butter customers aspires to be like you, the truth is, (s)he's not -- instead you'll find her/him getting by on her/his basic broadband + CRT TV + non-Home-Theatre System +local Best Buy and Blockbuster.
Apple relies on the pioneers (that would be you) to take the arrows, but on the 90%+ of follow-on homesteaders to get the land (and generate the revenue).
But, speaking as I am as one of "you," that's the way it should be in any Cult! :)
I too would love the collection/library to increase, but for me, the cost of a DVD is virtually the same. It is not like music where you can buy one track off an album.I have a fairly high end system with a 50" HD Plasma, and just got the 80GB iPod which for me is only for music. I love to take a whole collection on the road with me. 20,000 songs!!!.
I also have a pretty good size DVD collection and the quality and lack of limitations for me to play that DVD ....ANYWHERE is worth a few more bucks. The music I already play at home from my iMac and backup hard drives and even though not the same quality as a CD. it is great for background music or parties.
I also live in a fairly big City (San Francisco) with one of the best record stores in the World: Amobea Music, where I can trade or sell the CDs or DVDs that I don't want. They have the most extensive collection of new and used DVDs of anywhere I know.
So say I buy a turkey or simply tired of a film, I can sell it for maybe 3 or 4 bucks or better yet TRADE it for store credit of about 4-6 bucks. That ends up being cheaper than I would pay via any online source abut then I would end up getting a new film for a net cost of under ten bucks. Sometimes even less. If I tire of a download...there is no way I can trade up..
Yes, while *every* *single* *one* of Apple's bread-and-butter customers aspires to be like you, the truth is, (s)he's not -- instead you'll find her/him getting by on her/his basic broadband + CRT TV + non-Home-Theatre System +local Best Buy and Blockbuster.
Apple relies on the pioneers (that would be you) to take the arrows, but on the 90%+ of follow-on homesteaders to get the land (and generate the revenue).
But, speaking as I am as one of "you," that's the way it should be in any Cult! :)
I too would love the collection/library to increase, but for me, the cost of a DVD is virtually the same. It is not like music where you can buy one track off an album.I have a fairly high end system with a 50" HD Plasma, and just got the 80GB iPod which for me is only for music. I love to take a whole collection on the road with me. 20,000 songs!!!.
I also have a pretty good size DVD collection and the quality and lack of limitations for me to play that DVD ....ANYWHERE is worth a few more bucks. The music I already play at home from my iMac and backup hard drives and even though not the same quality as a CD. it is great for background music or parties.
I also live in a fairly big City (San Francisco) with one of the best record stores in the World: Amobea Music, where I can trade or sell the CDs or DVDs that I don't want. They have the most extensive collection of new and used DVDs of anywhere I know.
So say I buy a turkey or simply tired of a film, I can sell it for maybe 3 or 4 bucks or better yet TRADE it for store credit of about 4-6 bucks. That ends up being cheaper than I would pay via any online source abut then I would end up getting a new film for a net cost of under ten bucks. Sometimes even less. If I tire of a download...there is no way I can trade up..
Alcibar
Apr 23, 09:08 AM
Back lit keyboards are great for long flights where they turn out the lights.
firsttube
Sep 13, 10:03 PM
Your first point is intriguing and has me thinking too, however your 2nd is not too far from being "Apple". Apple has used code names for years. It is a known fact and something that is well documented throughout the web at credible sites like folklore.org and the likes run by former Apple employees.
Unless you were actually commenting on the "pre-announcement™" itself and not the codename
Yeah, I think they want people to download content starting today knowing that they'll be able to watch it on their nice big flat screen tv in the living room soon.
Steve jobs said "nice big flat screen tv" a lot during the itv intro, didn't he?
Unless you were actually commenting on the "pre-announcement™" itself and not the codename
Yeah, I think they want people to download content starting today knowing that they'll be able to watch it on their nice big flat screen tv in the living room soon.
Steve jobs said "nice big flat screen tv" a lot during the itv intro, didn't he?
iMacZealot
Sep 14, 01:03 AM
Ya, i know 3G isnt that popular in America, but i expect the iPhone at least should have built-in WiFi like many Phones in today's market. So we can use the iPhone to video LIVE chat with the other Mac users or iPhone users through the internet. Since many Universities have Wi-Fi covered the whole school, so i think it will benefit abot students. And more and more hot-spot now.
It's not that it's popular, it's just that we never get around to doing the recent when it comes to mobile phones.
I'm not sure if we'll get video chat. I hardly see any phones that can do that with the exception of the Nokia N80, but still, you can't do that anywhere here anyways.
Most smartphones don't have Wifi in them. I don't think there's been a single Blackberry or Treo with one. There have been a few with Windows Mobile 5.0, but that's pretty much it.
It's not that it's popular, it's just that we never get around to doing the recent when it comes to mobile phones.
I'm not sure if we'll get video chat. I hardly see any phones that can do that with the exception of the Nokia N80, but still, you can't do that anywhere here anyways.
Most smartphones don't have Wifi in them. I don't think there's been a single Blackberry or Treo with one. There have been a few with Windows Mobile 5.0, but that's pretty much it.
milo
Sep 5, 06:02 PM
Yes I did milo.And it's a fine rendition :)
Only thing is one still has to connect some kind of A/V cables to the TV..
Think about that concept.
I'll think about it. I think it's covered by "video to tv via dvi>hdmi cable for hdtv or analogue connection for sdtv". Which you obviously missed?
Try looking at the pic again. And read the stuff. All of it.
Only thing is one still has to connect some kind of A/V cables to the TV..
Think about that concept.
I'll think about it. I think it's covered by "video to tv via dvi>hdmi cable for hdtv or analogue connection for sdtv". Which you obviously missed?
Try looking at the pic again. And read the stuff. All of it.
Wang Foolio
May 3, 10:54 AM
What I want to know is whether the 27" will play nice with 1080p input from an HDMI adaptor. BD player/PS3 hooked up to a 27" iMac without need for an expensive upscaler would be nice.