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Messages - palsch

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1816
General Discussion / Re: Is Copyright Infringement Theft?
« on: January 01, 2012, 05:24:41 pm »
Regarding companies like Disney, wouldn't Mickey Mouse (at least, the character itself, in name and design) still fall under trademark law? I'm not sure how relevant that is here.
Yes.

Trademarks are... problematic in a few ways. They have to be defended in every case otherwise they are considered abandoned. If some kid violates your copyright you have the choice of ignoring them. If the same kid violates your trademark and you let them get away with it, anyone else who chooses to use that trademark later can use your leniency as evidence you abandoned the mark and they can legally use it all they like.

The line where a trademark is genericized (eg, becomes a generic term rather than protected mark) is pretty vague. That tends to mean that particularly popular trademarks need to be especially aggressively defended and re-enforced. And that leads to often insane stuff like the recent Bethesda lawsuit over the use of 'Scrolls' in a game title.

I'm entirely sympathetic to the idea of protected trademarks, and have no idea how you would reform the system to make more sense, but it is fun how absurd all forms of IP can get right now.

1817
General Discussion / Re: Is Copyright Infringement Theft?
« on: January 01, 2012, 02:38:56 pm »
Why'd it get so long, again? Is it just because it allows (theoretically immortal) corporations to keep a stranglehold on stuff?
Essentially. There are a few (very few) cases of certain properties holding near perpetual value. The US Constitution doesn't allow perpetual copyright, so instead we are seeing period extensions of the current maximum term as certain works are threatened by the public domain.

One of my favourite takes on this is Justice Breyer's dissent in Eldred v. Ashcroft, the case that extended copyright an extra 20 years (life +70 or 95 for works-for-hire). Breyer's argument has debatable legal force - it did lose - but he essentially went back to look at the justification and reality of copyright.

Copyright is supposedly a financial incentive for a given work. Breyer wanted to examine just how much of an incentive 20 years of copyright was on a work over 50 years old. His findings;
Quote
    In conjunction with official figures on copyright renewals, the CRS Report indicates that only about 2% of copyrights between 55 and 75 years old retain commercial value--i.e., still generate royalties after that time.
Quote
    Using assumptions about the time value of money pro-vided us by a group of economists (including five Nobel prize winners)... it seems fair to say that, for example, a 1% likelihood of earning $100 annually for 20 years, starting 75 years into the future, is worth less than seven cents today.
That is, unless you actually hold one of these valuable copyrights then the value of the copyright extension was pretty near worthless. The sort of change you don't worry about being shorted in the shops.



My own solution that I feel is fairly moderate is moving back to a copyright registration system. Unregistered materials are protected for one year after publication. They must be registered with the copyright office by that point or they lapse into the public domain. Registration lasts for five years. A registered work can have it's registration extended only in the final year for a further five years each time, up to, say, six times for a total of 31 years.

Then all you need is massive reform and good sense around copyright enforcement, a solution to the problem of trademarks and a completely new flexible patent system (having the same terms apply for drugs and software as kids toys or car parts is absurd).

1819
General Discussion / Re: American Election Megathread
« on: January 01, 2012, 08:05:50 am »
Thanks for the explanations.
Any reason why it hasn't been changed yet? Besides the fact that change is scary and evil and communist.
Broadly? This.

Because EC votes are assigned by your congressional delegation and the smallest possible delegation is 3 people (2 senators, 1 representative) even a state with a tiny population get a voice. Wyoming there only accounted for 0.17% of the US population in the 2004 election. They sent 0.55% of the electoral votes.

The argument is without the EC allowing even low population states to have a voice like this, presidential candidates would only need to campaign in or appeal to major population centres and metropolitan areas.

It also keeps a lot of authority over elections within the state. Methods, recounts, etc. are all within the purview of state government. Moving to a popular vote system would require standardisation and probably federal oversight.

And then there is the fact that it props up the two party system. Hard to abolish the thing that keeps those in charge of abolishing it in power.

1820
General Discussion / Re: American Election Megathread
« on: December 31, 2011, 05:25:13 am »
He did, however, write his own book.
Quote
    “Employee rights are said to be valid when employers pressure employees into sexual activity. Why don’t they quit once the so-called harassment starts? Obviously the morals of the harasser cannot be defended, but how can the harassee escape some responsibility for the problem? Seeking protection under civil rights legislation is hardly acceptable.” -Ron Paul, from his 1987 book, Freedom Under Siege.
And purely for comedy value, the wingnut's wingnut, Steve King, calling Ron Paul dangerous.

1821
Despite having never watched the show I felt safe checking that seeing as
Spoiler (click to show/hide)

1822
General Discussion / Re: American Election Megathread
« on: December 30, 2011, 06:38:42 pm »
And I guess Sarah Palin deserves mention too, since she was theoretically a candidate until around May or so.
Nah, she never announced. She just raised funds by pretending she might run. There was never actually any risk of that though. Way more profitable and less work this way.

1823
The only serious attempt at a theory of sentience based morality I've seen has been Singer, and even he doesn't buy into it as a practical system to live by.

1824
General Discussion / Re: Things that made you sad today thread.
« on: December 30, 2011, 05:55:49 pm »
Instead of just combining to form a new solar system, millions of stars were flung into the abyss in all directions, and what remained looked like an absolute mess.  Is it accurate?  Maybe, maybe not, I dunno.
For anything resembling detail? I doubt it.

I'd need to do a lot of checking to be sure, but the step size required for accurate two body simulations on that scale - let alone many-body interactions like that - would be short enough the simulation would take more computer time like that.

Unless maybe you are gaming on a Cray.

Or the program doesn't actually simulate anything and just replays shortened versions of previously simulated scenarios. Or they rig it to give the right answer from simplified starting conditions.

As for what I remember from more detailed simulations... Maybe not a million miles from the truth anyway.

1825
General Discussion / Re: Things that made you sad today thread.
« on: December 29, 2011, 05:46:28 am »
Rule 34 by Charles Stross.

Three main viewpoint characters;
- Lesbian detective on the Rule 34 squad (memetic crime watch).
- Male Muslim family man ex-con who happens to enjoy the occasional pint and male company.
- High functioning psychopath evil bastard coordinator for shadowy crime organisation.

Oh, and the book is written in the second person. Sample three chapters.

1826
You mean like in 2002?

Seriously, the really interesting stuff here is the AUMF (2001), MCAs (2006 and 2009) and all the relevant case law. Particularly Hamdi (which granted a trial to any detained citizens).

1827
From the bill, section 1036, the administration must submit full procedure for determining the status of captives within 90 days of the bill passing. So we should have the full procedure in a couple of months.

But there are two conditions imposed by the bill; presided over by a military judge and access to military council.

This review is in addition to any habeas rights, which apply in virtually all circumstances other than battlefield captures.

This is the part that concerns me.  Bolded text strikes me as incredibly vague, and reminiscent of the patriot act, which has been widely abused against U.S. citizens.  I'm not as alarmist as most people on this issue, but I do think it's bad.
Legally speaking those are narrower terms than have been used elsewhere. The previous language in the Military Commissions Act was;
Quote
    engaged in hostilities or who has purposefully and materially supported hostilities against the United States.
'Purposeful and material' support is a far lower standard than 'directly supported'. Since the 2006 MCA there has been a substantial amount of debate and legal definition around these terms. It's not as vague and general as it looks at first glance.

1828
Determined by whom? From what I gather, not by a court of law.
This is something not fully defined, but part of the process has been both by the Obama administration and in this bill. Mostly it's a review process in place, periodically bringing detainees in front of a panel to review the reasons and circumstances of their detention. That was one of the administration's (and civil/human right's) successes.

I'll dig up more when I'm not on my phone in a pub.

1829
I found this interesting.
MP3's and WAV files are far easier to remove ads from than it is to remove DRM from games. In fact, any file that contains sound data is going to be easy to crack unless you decide to go for a route that would actively hamper its ability to play well, or force it to take up more space. These files have to be played somehow, and that involves having a standard -- and standards can be cracked.
More than that, you would have to disable any way of recording audio while also playing audio. Audio DRM is hilariously pointless to anyone who grew up recording and sharing audio tapes.

Strangely that sort of secondary recording is often legal while copying a file isn't. That's because under the DMCA breaking DRM is illegal, while making a copy of something for personal use is still protected under conventional copyright law. A good example of this was when the Downfall videos were being taken down. The chair of the EFF made a legal version using captured video rather than ripped. Fair use for being a parody and no DRM breaking.

The MPAA's take on this was somewhat more absurd.

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