vivaelamor 's Techdirt Comments

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  • On the post: Jill Sobule Goes Into The Studio With CwF+RtB

    vivaelamor ( profile ), 02 Apr, 2010 @ 07:55am

    Re: Re: Re: Re: Re: Re: Not a big money raiser, but good deal for the fan

    "you need to correct that. a small percentage of her fans are providing just barely enough money for her music and everyone else is sponging off them. the concept is fundamentally flawed."

    The more people sponging off me, the more people forced to listen to the music I like. Considering how hard it is to meet people interested in the same stuff as me, I don't see the downside.

  • On the post: Jill Sobule Goes Into The Studio With CwF+RtB

    vivaelamor ( profile ), 02 Apr, 2010 @ 07:49am

    Re: Show me the money!!

    "I like new content and unlike the content thieves I'd like the creative artists to remain motivated to keep producing."

    The thanks I get emailed personally from an artist when I pay more to download their albums than they were expecting rather outweighs the righteous indignation of complete strangers. Please accuse me of stealing from one artist to give to another, it tickles.

  • On the post: Court Says Simon Singh Can Claim 'Fair Comment' In Calling BCA Claims Bogus

    vivaelamor ( profile ), 02 Apr, 2010 @ 07:39am

    Re:

    "I find it hilarious that you would suspect someone else as a shill. Didnt you see the signature with all the org's that nobody gives a flying F that hes a member of? oh wait thats you, the whoriest whore in whoreland."

    Do you even know what shill means? Mr Riley may have some unpopular views around here but he is plainly not a shill because he discloses his affiliations. If he were lying about those affiliations in an effort to distance himself from other interested parties to which he is affiliated, then you might call him a shill. Given his disclosed affiliations I think it very unlikely he is being deceitful.

    That said, I hate long signatures in informal writing.

  • On the post: Software Patents Violate The Patent Bargain, Since There Is No Disclosure To Trade-Off

    vivaelamor ( profile ), 01 Apr, 2010 @ 06:54pm

    Re: Re: Re: Re:

    "So back in 1980, if they'd have been smart enough to think of it, they could have just implemented a one-click functionality for an internet shopping site that would instantaneously charge your card and mail you the item within a day?"

    Of course not, but you could still have the idea. People were thinking about what they might do with flight long before we found out how to fly.

    "The point is, virtually all code is written and/or functionally interacts with lots of other code that has been built and updated through the years."

    Code certainly gets reused a lot but I have to question whether 'virtually all code' is true and suggest that the reason is more convenience than reliance. New systems are still being built from scratch, people still program in assembly language. The only thing consistent through it all is the maths. The reason they couldn't have done one click in 1980 is because the technology wasn't there to make it either possible or warranted, which is a separate issue to it being feasible to easily code a solution.

    "If we suddenly lost all the code that had ever been written, we'd pretty much have to start again from scratch."

    Not at all. You could lose all the code ever written and as long as mathematics and the hardware was preserved then you'd be playing 3d computer games in no time.

    "Just about anything that can be conceived can be coded - thus, the hard part is the labor and the idea and neither of those is patentable."

    Yes. But if anything conceived can be coded then why couldn't someone code a one click system in 1980? Answer: they could, it just wouldn't work.

    As you point out, ideas are why software patents are just wrong even in the context of patent theory; because the code is basically interpreted maths it would be like patenting the counting of sheep. It may be laborious and it may not be necessary or possible until someone has sheep, but it should never be patentable.

  • On the post: Results From Dungeons & Dragons Online Going Free: Revenue Up 500%

    vivaelamor ( profile ), 01 Apr, 2010 @ 05:58pm

    Re:

    "Ironically the only game to give me that DnD multiplayer feel was Neverwinter Nights."

    I had a good run with NWN playing on a persistent world, but eventually I got fed up of the inevitable curse of closed source - perpetual bugs. As soon as a game is released it seems developers only get paid to fix game breaking bugs and the rest is done in their free time. Supreme Commander suffered the same fate. Such a promising community abandoned because no one is getting paid to code and the code isn't available for them to fix stuff themselves.

  • On the post: Sony Deletes Feature On PS3's; You Don't Own What You Thought You Bought

    vivaelamor ( profile ), 01 Apr, 2010 @ 07:45am

    Re: Does the update remove already installed copies of Linux on a PS3

    "I read the first 40+ posts and I didn't see anyone ask this, but does the update remove Linux from the PS3's that already have it set up, or does it just prevent people from installing it after the update? Just curious as to how retroactive it really is."

    My understanding is that it would not 'remove' Linux, but it would stop Linux working.

  • On the post: Sony Deletes Feature On PS3's; You Don't Own What You Thought You Bought

    vivaelamor ( profile ), 01 Apr, 2010 @ 07:36am

    Re: Oh boohoo.

    "if you wanted to use goddamn Linux, then install it on a computer, not your gaming console."

    Complain to Sony for telling people that it is a computer that runs Linux as well as a gaming console. This isn't about people hacking the device to run Linux, it's about Sony telling them that running Linux is part of the parcel.

  • On the post: Sony Deletes Feature On PS3's; You Don't Own What You Thought You Bought

    vivaelamor ( profile ), 01 Apr, 2010 @ 03:21am

    Re: Re: Re:

    "I am not saying I am happy with this or that it won't be bad for Sony to do it. But leave the Linux penguins on Antarctica for a while and understand that what gamers care about is a fair gaming environment above the possibility of compiling kernels, choosing between GRUB or LILO or doing whatever it is that Linux zealots do."

    Linux 'zealots' who made use of the fact that Sony had advertised their consoles as also being personal computers; not only advertised but in the case of the PS2 released a 'Linux kit' which included keyboard/mouse/vga adapter. A quote from playstation.com: "There is more to the PLAYSTATION®3 (PS3™) computer entertainment system than you may have assumed. In addition to playing games, watching movies, listening to music, and viewing photos, you can use the PS3™ system to run the Linux operating system. "

    In contrast we have you suggesting that only games matter because that's the only feature you use. I presume if they took away the ability to play video, play music, display photos and browse the internet you would be equally vitriolic to those complaining.

    I think I'll forgo the jokes and just call you a selfish git.

  • On the post: Sony Deletes Feature On PS3's; You Don't Own What You Thought You Bought

    vivaelamor ( profile ), 31 Mar, 2010 @ 03:17pm

    Re: Re: Re: Re:

    "nah, just smarter."

    Yeah, it's funny to think of people labeling Linux as the choice for poseurs. One of my first projects with Linux was building a Linux From Scratch system, I'd worry for the sanity of anyone who thinks that is 'hip'. My desire to write 'poseur' on the lid of my netbook is increasing with every other post here though.

  • On the post: Sony Deletes Feature On PS3's; You Don't Own What You Thought You Bought

    vivaelamor ( profile ), 31 Mar, 2010 @ 03:06pm

    Re:

    "If you find the analogy rude, I suggest you buy a razor. Don't put Linux on it though, it might have a different kernel and shave your acne instead of your neckbeard."

    To a casual observer it might seem that you are using the excuse of humour to sling insults instead of arguments. This is fortunate, as it highlights the lack of argument. Keep it up!

    Here's some suggestions: geeks have small penises; nerds are weak except in nerd rage; glasses are for those who haven't heard of contact lenses. And those are just the ones that are as funny as the jibes so far, try hard enough and people might not even cringe.

  • On the post: Irish Collection Society Wants Hotels To Pay Performance Fees For Music Played In Guest Rooms

    vivaelamor ( profile ), 31 Mar, 2010 @ 06:54am

    Re: Re: Re: Re: Re: Re: Re: Re: Car Radios

    "You're saying that they had no basis in law to charge the fees, yet they had a basis to sue for the fees anyway."

    That is how the system works. Until a precedent is set there is no proof as to how the statutes will be interpreted; often the first case is called a 'test case'. You don't need a legal basis to charge fees and I never suggested that you do; nor do you need a legal basis to bring a suit, though you may get in trouble if you clearly intended to waste the court's time.

  • On the post: If It's Newsworthy, Should A Website Reveal A Previously Pseudononymous Poster?

    vivaelamor ( profile ), 31 Mar, 2010 @ 06:38am

    Re:

    "oooh we must respect the psycho's rights even though they killed and ate 20 people!!!!"

    That is why they are called rights, and not maybes.

  • On the post: Once Again, For The 2012 Olympics, Police Get Special Powers To Enter Homes And Remove Signage

    vivaelamor ( profile ), 31 Mar, 2010 @ 06:04am

    Re: Re: Re:

    "And this is why the government does not want you to have guns."

    Good ol' 'if only those British had guns' rhetoric. I'm in favour of the freedom to own firearms and I still think only a moron would bring the issue up here. Please explain how guns would solve this problem.

  • On the post: If It's Newsworthy, Should A Website Reveal A Previously Pseudononymous Poster?

    vivaelamor ( profile ), 29 Mar, 2010 @ 06:33pm

    Re: Re: Re: Re: Yes it is...

    "What if, for example, someone is commenting on a lawsuit in which they are playing a part -- and their comments could impact the outcome of the case? Isn't it just whistleblowing to out them?"

    Whistleblowing doesn't usually involve snooping on people. Usually whistleblowers are those privy to the wrongdoings who would otherwise be silent out of deference to those higher up in an organisation. As was the case with Watergate, there isn't a breach of privacy when information is given freely by those already privy, at that point it is only a breach of trust.

    It is murkier when you are talking about private information that is stumbled across as part of a job but that does not appear to be the case here. If it were then I'd still expect anyone who takes privacy remotely seriously to only release that information if it is clearly unlawful or holds some direct risk of serious harm. Even then they should take due consideration with how they address the problem. For example, coming across illegal images on a computer may justify contacting the authorities but not the local paper.

  • On the post: If It's Newsworthy, Should A Website Reveal A Previously Pseudononymous Poster?

    vivaelamor ( profile ), 29 Mar, 2010 @ 05:54pm

    Privacy policy & user agreement

    Isn't this a clear breach of their privacy policy? Perhaps technically they can claim the user agreement was breached and might use that as a get-out, but there seems to be no express terms stating you waive your privacy if you breach the user agreement; which would be a pretty awful precedent anyway as the terms are broad enough to be breached by mentioning breasts.

    I'm all in favour of sites having the freedom to set their own privacy policies as long as they aren't inclined to breach the policy at anything less than court intervention.

  • On the post: Irish Collection Society Wants Hotels To Pay Performance Fees For Music Played In Guest Rooms

    vivaelamor ( profile ), 23 Mar, 2010 @ 09:59am

    Re: Re: Re: Re: Re: Re: Car Radios

    "But still did not believe that there was not "any basis in law" to bring a suit."

    I never even suggested that they didn't have any basis in law to bring a suit. I stated that they appear to have no basis in law to charge the fees they did, which in the absence of any case law was entirely correct. A judge's opinion on whether a case should be heard is not case law and would certainly not be a legal basis to charge fees.

    You could certainly quibble with me over interpretation of the law (which seems to be a poor adaptation of the Berne convention and ripe for contention), but arguing over something I didn't even say is silly.

  • On the post: Irish Collection Society Wants Hotels To Pay Performance Fees For Music Played In Guest Rooms

    vivaelamor ( profile ), 22 Mar, 2010 @ 02:09pm

    Re: Re: Re: Re: Car Radios

    "I believe that the court's opinion probably outweighs yours on this. The Scottish Court of Session rejected Kwik-Fit's application to dismiss the copyright infringement proceedings brought against it by PRS (reference). So the court apparently thought there was a "basis in law" there, despite what you may think."

    The judges opinion actually suggests that he was sceptical as to the plaintiff's ability to win the case:

    "At this stage, certainly, such an outcome cannot be ruled out, especially in circumstances where the true scope and application of the law regarding the "playing" or "performance" of copyright works "in public" have not been explored in argument. On relevancy grounds, therefore, the pursuers are in my view entitled to the inquiry which they seek. Having reached that conclusion, however, I am not to be taken as accepting that, on proof of the averments in question, the pursuers would necessarily succeed in their claims against the defenders. In the course of the debate various hypothetical situations were figured in which charges of copyright infringement might arguably go beyond the contemplated scope of the legislation and/or offend against common sense. Whether, in the event, any such difficulties materialise in this case will depend on how the evidence turns out at the proof."

  • On the post: Irish Collection Society Wants Hotels To Pay Performance Fees For Music Played In Guest Rooms

    vivaelamor ( profile ), 22 Mar, 2010 @ 01:41pm

    Re: Re: Re: Re: Re: Re: Car Radios

    "Heh, nice straw man attempt there. Nobody's saying you have to pay to *receive* such a broadcast. But if you rebroadcast it in a public place then you're liable for the public performance fees."

    Eh? They aren't rebroadcasting. What are you on about?

  • On the post: Irish Collection Society Wants Hotels To Pay Performance Fees For Music Played In Guest Rooms

    vivaelamor ( profile ), 21 Mar, 2010 @ 07:25am

    Re: Re: Re: Re: - No its the ratchet

    Ahah! the Berne convention article 11bis states:

    (1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing:

    (i) the broadcasting of their works or the communication thereof to the public by any other means of wireless diffusion of signs, sounds or images;

    (ii) any communication to the public by wire or by rebroadcasting of the broadcast of the work, when this communication is made by an organization other than the original one;

    (iii) the public communication by loudspeaker or any other analogous instrument transmitting, by signs, sounds or images, the broadcast of the work.

    Which would strongly suggest that they actually have a case, hotel rooms and all. I need to go and throw up.

  • On the post: Irish Collection Society Wants Hotels To Pay Performance Fees For Music Played In Guest Rooms

    vivaelamor ( profile ), 21 Mar, 2010 @ 06:43am

    Re: Re: Re: - No its the ratchet

    "They are just trying it on. If they lose they lose almost nothing. If they win then they establish a precedent, get an extra source of revenue and move on to the next (even more ridiculous) demand."

    I'm not so sure, on closer inspection they may have some basis under EU law. I don't see how they can win this case but it may get Irish law changed to comply with EU law. As soon as I get time I'll try and track down the offending statute in the EU, though I'd still be surprised if it applied to hotel rooms.

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