hyperpasta
Sep 4, 03:13 PM
One more thing... iPod video projector!!! :)
Haha. Actually, it says its probably a new AirPort Express.
Haha. Actually, it says its probably a new AirPort Express.
cmaier
Nov 13, 11:51 PM
Which law firm please. We'd all like to know for future reference, who to not trust our cases with. While most law has to do with the letter of the law, jury trials often are won or lost based on what the jury believes to be the intent or spirit of the law.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
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.
The british common law legal system was never intended to be like this. The lawyers have destroyed and twisted it beyond all recognition. It was originally supposed to be based on judeo-christian morals and ethics. There is not supposed to be a grey area. You are either deliberately infringing on the rights of others or you are not. The original intent was to have a court case as the last resort where parties would first try to solve the problem by talking to each other, then go to arbitration and then court as a last resort.
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.
DrDomVonDoom
Apr 11, 02:27 AM
I can only imagine Steve Jobs hunched over his desk like in 'Pirates of Silicon Valley" and screaming "YOUR STEALING FROM ME!!!!" lol.
Otherwise awesome news.
Otherwise awesome news.
MacPhreak
Oct 12, 03:45 PM
Ha ha, You are nuts. Let me tell you how it works.
Nobody gets rich by curing a disease. That is why diabetes, AIDS, HIV etc are all treated with "Keep you alive but not cure you drugs" that you have to buy for the rest of your life. The government and drug companies are in it together and are pure evil. Ain't nobody going to cure anything unless they can keep making money doing it. Get it? Good.
So how's your Polio treating you?
Nobody gets rich by curing a disease. That is why diabetes, AIDS, HIV etc are all treated with "Keep you alive but not cure you drugs" that you have to buy for the rest of your life. The government and drug companies are in it together and are pure evil. Ain't nobody going to cure anything unless they can keep making money doing it. Get it? Good.
So how's your Polio treating you?
EagerDragon
Sep 10, 09:32 AM
I guess Apple should'a put Conroe in the iMacs. Is there a chance this will mean Conroe will be in MacPro's?
I bet this go in the "Mac Gamer" regardless of form factor. Either the mini-tower or a revised Mac Pro enclosure.
I bet this go in the "Mac Gamer" regardless of form factor. Either the mini-tower or a revised Mac Pro enclosure.
w00master
Nov 13, 02:42 PM
Obviously the images are copyrighted by Apple, and those images they don't want people using. Ok, well, that is their rights, they designed them and copyrighted them. Either they have to license those images from Apple (which I doubt Apple would do) or make their own. Just like every other copyright, you don't have the right to breech. If Apple doesn't defend their copyright, then they can lose it, so they HAVE to fight for it.
Again... you clearly did not read the developer's side.
Btw, those "copyrighted images?" Programmers use them all the time on OS X. Why? Because THEY'RE FROM OS X APIs.
w00master
Again... you clearly did not read the developer's side.
Btw, those "copyrighted images?" Programmers use them all the time on OS X. Why? Because THEY'RE FROM OS X APIs.
w00master
aprilfools
Aug 31, 02:38 PM
Apple is buying MicroSoft
citizenzen
Apr 10, 11:17 AM
Population does count.
How?
Wouldn't a greater population create more demand for a product?
If population is such an issue, how is China able to succeed?
How?
Wouldn't a greater population create more demand for a product?
If population is such an issue, how is China able to succeed?
myca
Mar 23, 04:04 PM
I will be tempted by new 27" imac once they hit, got some in our office a few weeks ago and they are lovely machines, and as much as I'd prefer a mac pro, they really beyond what I need from a machine (and the price).
I would like to know if the new thunderbolt port can still do the target display mode, as if I get one I'd be getting rid of my two old 22" displays and I'd want to have my windows rig running through the display for certain things.
I heard lame snide remarks like yours when USB first showed up. "Only Macs have it! Are you sure compatible devices will arrive within 22 years? What USB devices are you planning to buy? When will they be available?" You don't even have the name right. Meh.
It was similar with the introduction of firewire, it took a while for peripherals to make use of the connection, and whenever rumours of it being dropped come around some users (myself included) are up in arms.
I would like to know if the new thunderbolt port can still do the target display mode, as if I get one I'd be getting rid of my two old 22" displays and I'd want to have my windows rig running through the display for certain things.
I heard lame snide remarks like yours when USB first showed up. "Only Macs have it! Are you sure compatible devices will arrive within 22 years? What USB devices are you planning to buy? When will they be available?" You don't even have the name right. Meh.
It was similar with the introduction of firewire, it took a while for peripherals to make use of the connection, and whenever rumours of it being dropped come around some users (myself included) are up in arms.
dwsolberg
Apr 4, 11:54 AM
The whole thing is sad for all involved � the people who committed the crimes and the security guard (really?) who killed one of them.
That said, this sort of thing does deter crime.
P.S. To the person who said that shooting someone in the head is "no accident," that's very unlikely to be true. It's extremely difficult to accurately hit a moving target. That's why police are trained to aim for center mass. (It's like aiming for the bullseye in hopes you'll hit somewhere on the target.)
That said, this sort of thing does deter crime.
P.S. To the person who said that shooting someone in the head is "no accident," that's very unlikely to be true. It's extremely difficult to accurately hit a moving target. That's why police are trained to aim for center mass. (It's like aiming for the bullseye in hopes you'll hit somewhere on the target.)
swingerofbirch
Sep 1, 01:17 AM
Well for the sake of pontificating.....
Taking pictures and movies wtih cell phones is very big right now.
But as Steve Jobs would say "it's not a great experience."
He'll show a really crappy movie made on a cell phone.
He'll talk about how the world is evolving, more bandwidth has led to sites like Youtube.
Consumers are getting way more intelligent with movies, and we pioneered desktop movies with iMovie and then added HD functionality with iMovie HD.
But we want to take this one step further.
We want to go from this (shows youtube home movie) to a really great cinematic experience.
Today Apple introduces the world's least expensive High Definition video camera. There are no tapes. It's as easy as iPod.
You just shoot in 1080p, hook it up to your supercharged Intel Mac, edit in iMovie HD, and BOOM.
Look at this. It's gorgeous. Isn't this amazing?
So we're going from this (youtube video) to this. BOOM. Wow.
ROARS OF APPLAUSE AND THUNDER.
And we're introducing the all new QuickTake (or iCam whatever) for just $599.
I dunno!
Just an idea of why Apple would buy Canon (which I don't think they will). lol....
Taking pictures and movies wtih cell phones is very big right now.
But as Steve Jobs would say "it's not a great experience."
He'll show a really crappy movie made on a cell phone.
He'll talk about how the world is evolving, more bandwidth has led to sites like Youtube.
Consumers are getting way more intelligent with movies, and we pioneered desktop movies with iMovie and then added HD functionality with iMovie HD.
But we want to take this one step further.
We want to go from this (shows youtube home movie) to a really great cinematic experience.
Today Apple introduces the world's least expensive High Definition video camera. There are no tapes. It's as easy as iPod.
You just shoot in 1080p, hook it up to your supercharged Intel Mac, edit in iMovie HD, and BOOM.
Look at this. It's gorgeous. Isn't this amazing?
So we're going from this (youtube video) to this. BOOM. Wow.
ROARS OF APPLAUSE AND THUNDER.
And we're introducing the all new QuickTake (or iCam whatever) for just $599.
I dunno!
Just an idea of why Apple would buy Canon (which I don't think they will). lol....
fetchmebeers
Sep 12, 03:17 PM
There are no major differences but if i were you i'd go back and trade for the new one or just return the iPod and order a new one. Your windows is close not to upgrade..
It doesnt look like the new software features will be added to current 5G iPods. My iPod software just updated and only game functions were added.
what do you mean my windows is close not to upgrade??
and also, is there any chance that i might be succeeding in returning it... or even getting a refund??? i mean i took the vinyl cover off and just totally used it... can i return it right back to the apple store??
It doesnt look like the new software features will be added to current 5G iPods. My iPod software just updated and only game functions were added.
what do you mean my windows is close not to upgrade??
and also, is there any chance that i might be succeeding in returning it... or even getting a refund??? i mean i took the vinyl cover off and just totally used it... can i return it right back to the apple store??
asdf542
Apr 22, 12:44 PM
If you make the MBP thinner, it will just be a big MBA.
The right way is to make bigger MBAs, not to make thinner MBPs.
A more powerful competitor to 15" Zacate netbooks.
Uhh, no, it won't. As long as the logic board is at the thickest point then they will be able to house the same power components as the current Pro.
Making the Pro thinner and removing the optical drive does not make a big MBA. Not in the slightest.
The right way is to make bigger MBAs, not to make thinner MBPs.
A more powerful competitor to 15" Zacate netbooks.
Uhh, no, it won't. As long as the logic board is at the thickest point then they will be able to house the same power components as the current Pro.
Making the Pro thinner and removing the optical drive does not make a big MBA. Not in the slightest.
sully677
May 1, 12:11 AM
Any news about a 24in option?
Eidorian
Jul 14, 12:26 PM
What? You said the word Merom but didn't include a link to the guide? :p
Well anyways, if Apple could get Conroes into iMacs it would be great. A challenge I know (and I still personally think it is more likely to be a Merom iMac) but it would help to be that little bit more competitive. The rest is pretty much predictable, Merom for MBPs and eventually MacBooks and Mac Minis. Woodcrest for Mac Pro and MacServe (Macs in everything right ;) ). iMac's future is a big ?.Yeah, if they can fit a Conroe into the iMac, more power to Apple. I just hope it doesn't turn it into the blast furnace my iMac G5 was.
From what I can tell Merom is just a Conroe that can operate at a lower TDP. They're all just fabricated off the same piece of silicon. (Someone posted an image on this.)
Well anyways, if Apple could get Conroes into iMacs it would be great. A challenge I know (and I still personally think it is more likely to be a Merom iMac) but it would help to be that little bit more competitive. The rest is pretty much predictable, Merom for MBPs and eventually MacBooks and Mac Minis. Woodcrest for Mac Pro and MacServe (Macs in everything right ;) ). iMac's future is a big ?.Yeah, if they can fit a Conroe into the iMac, more power to Apple. I just hope it doesn't turn it into the blast furnace my iMac G5 was.
From what I can tell Merom is just a Conroe that can operate at a lower TDP. They're all just fabricated off the same piece of silicon. (Someone posted an image on this.)
poppe
Aug 29, 02:39 AM
I don't know. I think the latest MBP was rushed to market a bit. I think Apple just wanted to get to intel and really ddn't think about design.
The current PB look has been around since 2001. I think the alumin look is starting to look soooo 2000. Were heading toward time to move on with a new chip and a new look.
Personally I prefer plastic to metal. Metal shows way too many scratches, finger prints, smudges, etc. The smooth shiny plastic look is much better and it is more durable. The metal enclosures dent, bend and break. They also transmit the heat faster to your lap and interfere with BT and Airport. The plastic enclosures give and spring back like new.
Gun Metal ABS plastic with rounded smooth corners, new keyboard, quick access ram, HD, and battery, magnetic latch, sound like the future to me.:D
New keyboard? Like the MBs? Why would you want that (not trying to say thats dumb, i'm just curious to why you would want that over the current)
The current PB look has been around since 2001. I think the alumin look is starting to look soooo 2000. Were heading toward time to move on with a new chip and a new look.
Personally I prefer plastic to metal. Metal shows way too many scratches, finger prints, smudges, etc. The smooth shiny plastic look is much better and it is more durable. The metal enclosures dent, bend and break. They also transmit the heat faster to your lap and interfere with BT and Airport. The plastic enclosures give and spring back like new.
Gun Metal ABS plastic with rounded smooth corners, new keyboard, quick access ram, HD, and battery, magnetic latch, sound like the future to me.:D
New keyboard? Like the MBs? Why would you want that (not trying to say thats dumb, i'm just curious to why you would want that over the current)
ciTiger
Apr 28, 04:06 PM
This was a long time coming!
But I hope MSFT stays in the race... Competition is good...
But I hope MSFT stays in the race... Competition is good...
muncyweb
Mar 23, 06:34 PM
in the us you are a criminal by default
Agreed. Most people don't even know that as U.S. citizens they are not a party to the Bill of Rights. The only right of a U.S. citizen is the right to live here. They took care of that over 140 years ago.
Agreed. Most people don't even know that as U.S. citizens they are not a party to the Bill of Rights. The only right of a U.S. citizen is the right to live here. They took care of that over 140 years ago.
Eidorian
Jul 14, 02:37 PM
As Eidorian's link points out, Core Duo (Yonah) performance falls somewhere between the Athlon X2 3800 and the Athlon X2 4200. The 2.40GHz E6600, 2.66GHz E6700, and 2.93GHz X6800 Core 2 Duos in particular are at least 40% faster, which is exactly what Intel promised at the IDF.That's where I gauged it as well. The 1.86 GHz Conroe beats AMD's FX-62 in a few tests.
Hell the E6400 (2.13 GHz, $224) and the E6500 (2.4 GHz, $316) are more then enough to compete with the FX-62 (2.8 GHz, $999)
Hell the E6400 (2.13 GHz, $224) and the E6500 (2.4 GHz, $316) are more then enough to compete with the FX-62 (2.8 GHz, $999)
adamfilip
Sep 14, 08:14 AM
New version of Aperture!.. Saweeet
or more likely a new Apple iSLR
16 Megapixels
full frame sensor
Adaptive lens mount supports all Canon and Nikon Lenses
60gb removeable 1.8" hard drive
3" OLED screen
Anti-Dust
Anti-shake
Shoots in a new Apple RAW format
eye tracking for focus
Spot metering
1/8000 shutter with 150,000 shutter life
Full weather sealing
Magnesium body
6fps (up to 25 raw frames)
Depth of Field Preview
Pop up flash
802.11 Wifi
GPS built in
Optional Battery Grip
Scrollwheel navigation for menu system
Apple iScreen Digital Image processor
64 Segment Metering and Spot Metering
Supports Compact Flash
or more likely a new Apple iSLR
16 Megapixels
full frame sensor
Adaptive lens mount supports all Canon and Nikon Lenses
60gb removeable 1.8" hard drive
3" OLED screen
Anti-Dust
Anti-shake
Shoots in a new Apple RAW format
eye tracking for focus
Spot metering
1/8000 shutter with 150,000 shutter life
Full weather sealing
Magnesium body
6fps (up to 25 raw frames)
Depth of Field Preview
Pop up flash
802.11 Wifi
GPS built in
Optional Battery Grip
Scrollwheel navigation for menu system
Apple iScreen Digital Image processor
64 Segment Metering and Spot Metering
Supports Compact Flash
mrkramer
Apr 17, 02:13 AM
why would I want to pay someone $17 an hour to a job a monkey is almost qualified to do? Sounds like an opportunity to hire less people, or jack my prices up. A job is worth simply what a job is worth. Period. If I'm trying to offer services at competitive prices, and someone is willing to bag groceries for $3 an hour, then they should be ALLOWED to. Rather than me just choose to hire nobody and using automated checkouts.
What happens then? More people find jobs, and prices go down. $3 dollars suddenly buys you a subway sandwich. # of consumers goes up bc more people are employed, which brings in more revenue, causes more hiring etc.
Also, people who do want to make $10 bucks an hour are forced to either be productive or learn something useful, which is good for everyone, plus that $10 is worth more now bc of deflation. Deflation would also drive interest rates on loans down bc the money you pay back is worth more.
Best case scenario, taxes are low at this point, and the government isn't a handout machine, so people feel the need to donate to an EFFICIENT charity. Rather than to the government, which is the most inefficient entity on the planet.
You do realize that one of the main reasons why the great depression was so bad was because Hoover was so worried about inflation that he caused deflation right? With deflation what you have is nobody is buying because if they wait then they can get something for cheaper and the economy suffers as a result. How many people do you think would buy iPhones if they new that next week there was going to be a price drop?
US government regulations for increasing gas efficiency has resulted in car companies making vehicles lighter at rate beyond evolving the technology to maintain safety, which has resulted in an average of 10,000 avoidable deaths per year since the early 70's
But hey, maybe that fraction of environmental impact we have that's causing that fraction of a global degree change might have been marginally altered. Maybe. And it's only cost us ~300,000 lives so far. Thank you government! Just tack that onto the millions you killed by restricting DDT use, and you can further brag about your death toll
If you are going to make a claim like that you really should provide a source.
What happens then? More people find jobs, and prices go down. $3 dollars suddenly buys you a subway sandwich. # of consumers goes up bc more people are employed, which brings in more revenue, causes more hiring etc.
Also, people who do want to make $10 bucks an hour are forced to either be productive or learn something useful, which is good for everyone, plus that $10 is worth more now bc of deflation. Deflation would also drive interest rates on loans down bc the money you pay back is worth more.
Best case scenario, taxes are low at this point, and the government isn't a handout machine, so people feel the need to donate to an EFFICIENT charity. Rather than to the government, which is the most inefficient entity on the planet.
You do realize that one of the main reasons why the great depression was so bad was because Hoover was so worried about inflation that he caused deflation right? With deflation what you have is nobody is buying because if they wait then they can get something for cheaper and the economy suffers as a result. How many people do you think would buy iPhones if they new that next week there was going to be a price drop?
US government regulations for increasing gas efficiency has resulted in car companies making vehicles lighter at rate beyond evolving the technology to maintain safety, which has resulted in an average of 10,000 avoidable deaths per year since the early 70's
But hey, maybe that fraction of environmental impact we have that's causing that fraction of a global degree change might have been marginally altered. Maybe. And it's only cost us ~300,000 lives so far. Thank you government! Just tack that onto the millions you killed by restricting DDT use, and you can further brag about your death toll
If you are going to make a claim like that you really should provide a source.
jackaninny
Mar 29, 12:27 PM
Looks to me like a combined MS/Nokia actually LOSES marketshare. (26.4% down to 21.1%) - funny how the 'report' doesn't spin the numbers that way. I do find it humorous that these analysts think they can see 2015 with any semblance of accuracy.
0815
Apr 20, 01:55 PM
I don't usually read SLA's, but it's all right there, Page 1, Section 4, subsection b. And if don't want your iPhone to collect this data, turn off the feature.
http://images.apple.com/legal/sla/docs/iphone4.pdf
http://images.apple.com/legal/sla/docs/iPadSoftwareLicense.pdf
Interesting find - but it seems that it is not possible to turn just the data collection in the center of this discussion off. You can only turn everything off or specific apps (but I don't think I saw this one listed somewhere as an app)
http://images.apple.com/legal/sla/docs/iphone4.pdf
http://images.apple.com/legal/sla/docs/iPadSoftwareLicense.pdf
Interesting find - but it seems that it is not possible to turn just the data collection in the center of this discussion off. You can only turn everything off or specific apps (but I don't think I saw this one listed somewhere as an app)
walleyealx
Oct 27, 04:00 PM
Greenpeace = waste of _______ (fill in the blank with anything, time, people, money, etc...)
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