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Comment Re:Good Idea (Score 1) 544

who the frack cares what a college student has to say?

I do when that college student has a PhD in Molecular Biophysics and Chemistry, was lead bioinformatics scientist at a pharmaceutical company, and goes to the most prestigious law school in the United States (possibly world). (Source: http://www.seringhaus.net/bio.html)

Comment Doesn't Create a Need (Score 4, Insightful) 1713

This entire presentation seems a little disappointing. Really, it looks, acts, and feels like a giant iPod Touch. Whereas the iPhone and iPod really created a need , I don't see that this substantially innovate to make it a must-have. It doesn't seem to improve on anything so substantially that it is an obvious choice. Maybe I need to see a few more videos, but I don't see this pulling serious market share away from Kindle's targeted market segment.
It's funny.  Laugh.

Submission + - Alaskan Blob is an Algae Bloom (time.com)

Bryan Gividen writes: Time.com is running a story on the previously unidentified blob floating off of the coast of Alaska. The article states that the blob is an algae bloom — far less sinister (or exciting) than any The Thing or The Blob comparison that was jokingly made. From the article: "'It's sort of like a swimming pool that hasn't been cleaned in a while.' The blob, Konar said, is a microalgae made up of 'billions and billions of individuals.'"
The Courts

Submission + - RIAA Loses Bid To Keep Revenues Secret (blogspot.com) 1

NewYorkCountryLawyer writes: "The RIAA's motion to keep secret the record companies' 1999-to-date revenues for the copyrighted song files at the heart of the case has been denied, in the Boston case scheduled for trial July 27th, SONY BMG Music Entertainment v. Tenenbaum. The Judge had previously ordered the plaintiff record companies to produce a summary of the 1999-to-date revenues for the recordings, broken down into physical and digital sales. On the day the summary was due to be produced, instead of producing it, they produced a 'protective order motion' asking the Judge to rule that the information would have to be kept secret. The Judge rejected that motion : 'the Court does not comprehend how disclosure would impair the Plaintiffs' competitive business prospects when three of the four biggest record labels in the world — Warner Bros. Records, Sony BMG Music Entertainment, and UMG Recording, Inc. — are participating jointly in this lawsuit and, presumably, would have joint access to this information.'"
Hardware Hacking

Submission + - Three Arrested For Conspiring to Violate the DMCA

jtcm writes: Three men have been charged with conspiring to violate the Digital Millennium Copyright Act after federal investigators found that they allegedly offered a cracker more than $250,000 to assist with breaking Dish Network's satellite TV encryption scheme.

Kwak had two co-conspirators secure the services of a cracker and allegedly reimbursed the unidentified person about $8,500 to buy a specialized and expensive microscope used for reverse engineering smart cards. He also allegedly offered the cracker more than $250,000 if he successfully secured a Nagra card's EPROM (eraseable programmable read-only memory), the guts of the chip that is needed to reverse-engineer Dish Network's encryption.

Jung Kwak owns a company known as Viewtech, which imports and sells Viewsat satellite receiver boxes. Dish Network's latest encryption scheme, dubbed Nagra 3, has not yet been cracked by satellite TV pirates.

Comment What other papers? (Score 2, Interesting) 339

The Wikipedia page for Coalinga, California (where I assume this is taking place) estimates the 2007 population at just over 18,000 people. (http://en.wikipedia.org/wiki/Coalinga,_California). It seems that the paper involved, the Hanford Sentinel, services all of King County (http://en.wikipedia.org/wiki/Kings_County,_California) which has a little over 150,000 people total. Granted, I am sure the LA Times or some other large circulation paper could condemn them, I doubt they cater to the same audience as those subscribing to a small-town oriented paper like the Sentinel.

Still, I agree with your point - people need to shun this circulation for its lack of journalistic integrity. Sadly, there aren't a lot of competitors (to my knowledge - someone have better knowledge?) to wag their finger at them.

Comment Qualified Immunity (Score 4, Informative) 528

The reason the officials were not held responsible is because of an idea called qualified immunity (http://en.wikipedia.org/wiki/Qualified_immunity) which essentially states that public officials cannot be held personally responsible for actions they undertake as part of their public duty and which, if illegal or unconstitutional, must clearly be illegal or unconstitutional.

It is interesting to note that the two Justices that dissented regarding whether or not the school officials were covered by qualified immunity were Justice John Paul Stevens and Justice Ruth Bader Ginsburg and that Justice Souter was a part of the majority. If Sotomayor is placed on the bench, it is feasible she would rule much closer to Justice Ginsburg and Stevens then to Souter on these types of matters.

Comment Answers to All Three Tests (Score 1) 439

1) the degree of reprehensibility of the defendant's actions
File sharing with the intent to avoid paying for a product or help others circumvent paying for a product is, at least to some degree, reprehensible. (I am assuming objectivity and being reasonable.) However, from the facts of this particular case, it doesn't seem that the act is so blatantly reprehensible that it warrants a life-sentence worth of monetary damages.

2) the disparity between the harm to the plaintiff and the punitive award
This seems huge to me. Though I don't have the facts on this case and might judge differently if I did, it seems that the RIAA will have an incredibly hard time showing that the damages they incurred are even one a hundredth of the punitive damages. The 24 songs this woman had available would have to have been WIDELY disseminated to reach that kind of number. It will be interesting to see what kind of evidence they produce to address this question.

3) the similarity or difference between the punitive award and civil penalties authorized or imposed in comparable situations.
This is where the Eighth Amendment has tangential application. (None that takes direct legal effect, but still affects the approach that the courts' take.) This is obviously an incredibly excessive fine. Punitive damages, as the name obviously indicates, act to "punish" the individual for bad behavior. Two-million dollars as punishment for twenty-four files could very easily be considered excessive, egregious, unconscionable, or any other term for "whacked out" that I can think of.

Comment Eighth Amendment - One Line (Score 3, Insightful) 793

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." One line says it all. I can't see this standing when it is appealed. Twenty-four music files being available for download, whether it's wrong or not, does not warrant what is effectually a life-sentence worth of money.

Comment Preventitive Medicine? (Score 1) 122

I am very interested to see whether or not use of the Wii could result in either preventing Parkinson's or delaying it significantly. Obviously there isn't any data available at this point on such theory, but I think 20 to 30 years down the road it would be interesting to see what happens to people who regularly used Wii and future Wii-like consoles.

Of course, since IIANDoctor, I have no idea on the science behind that. Anyone know whether or not that's feasible?
Government

Senator Applauds Pirate Bay Trial, Chides Canada 526

eldavojohn writes "Republican Senator Orrin Hatch spoke Tuesday at the World Copyright Summit in Washington DC and hailed the Pirate Bay guilty verdict as an important victory. He expressed severe disappointment in Canada for showing up on our watch list for piracy next to China and Russia. Senator Hatch also said, 'In fact, one study reports that each year, copyright piracy from motion pictures, sound recordings, business and entertainment software, and video games costs the US economy $58 billion in total output, costs American workers 373,375 jobs and $16.3 billion in earnings, and costs federal, state, and local governments $2.6 billion in tax revenue. During this time of economic turmoil, we must ensure that all copyrighted works, both here and abroad, are protected from online theft and traditional physical piracy. After all, US copyright-based industries continue to be one of America's largest and fastest-growing economic sectors.' GamePolitics notes that for his 2006 campaign, Hatch was rented for $7,000 by the RIAA and also got on his knees for $12,640 from the MPAA."

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