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Monday, May 16, 2011

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  • 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    Published works, such as these icons, are entitled to less protection than unpublished.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.





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  • 3N16MA
    Mar 30, 12:12 PM
    What about "Burger Store" ?

    Is anyone currently using the term Burger Store? Has anyone built a brand using the term Burger Store? Does the general public think of a particular store when someone says Burger Store? I'm pretty sure people do not say "hey lets go to the Burger Store." The term Burger Store has no mindshare from what I know with the general public. No one uses it as a brand name.





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  • xemino
    Apr 25, 06:11 PM
    facetime HD camera,
    backlit keyboard,
    sandy bridge,
    thunderbolt,
    same price,
    this and a MATTE screen, atl east as BTO.
    then i'm so gonna sell my MBP 15" baby.
    an integrated hspa+ modem would be cool too.





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  • Mac Fly (film)
    Sep 9, 09:20 AM
    What about the 3.0Ghz Mac Pro?:D





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  • spazzcat
    Mar 29, 12:50 PM
    Here were their illuminating predictions in Jan 2010. :rolleyes:




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  • Skika
    Apr 20, 11:30 AM
    Not big deal. But, im not a fearfull worried paranoid person, which many are.





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  • Chupa Chupa
    Apr 4, 12:10 PM
    OMG.. I'm with Felt. "Security Guards" shouldn't carry guns, and if they do there should be training and good sense that goes into using it. Shooting the suspects in the head is criminal.

    1) Obviously the security guard was trained or he wouldn't have the skill to hit the thief in the head. This was not a point blank shooting, it was done during a fire fight.

    2) Shooting suspects in the head is criminal IF the criminal is fleeing or makes an motion he is surrendering, or has surrendered. However, self-defense is never illegal. When under attack the correct measure to take is to find a safe harbor and barring that shoot to kill. Based on the facts here the guard took the correct and necessary step, regardless of the sad outcome.





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  • mattsh
    Aug 29, 06:41 AM
    As stated earlier in this thread, this is absolutely not true. The MacPros are included in the rebate and they were NOT available when the promotion started. They were added as elgible purchases after release.

    Its almost 7:30 EST, and the store is still up. Not a good sign for action today.

    --HG


    Ok well I stand corrected then. Keep in mind.. the store doesn't "open" until 8am EST... So we still have 20 minutes :P





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  • CapturedDarknes
    Nov 13, 10:20 PM
    99% of these are in a huff self important 'tempest in a teapot' stories;
    its not required-nay not even helpful to be a fanboy to point this out-just 2 good eyes and a brain;
    Alway been complainers, always will be;
    If the rules are clearly spelled out and they dont follow them-then they shouldnt be crybabies in public
    simple
    CAREFULLY read APPLEs developers rules
    follow them
    dont try to breach them

    Amen! You are on the dot! Everyone (including developers) complain about their app not getting approved for one reason or another, and yet it's always because they breached the Developers Guide for the App Store. Just ******** get a printer and print the damn pdf out. Then, step two, READ it. Then, before you go and submit the app, use it yourself and see if it follows the guidelines.

    It's like high school, when the teacher gives you a RUBRIC to FOLLOW, when you FAIL, it's because you didn't follow it. So shut up, or nut up. And build a better app. Hopefully one that doesn't say "that's what she says". :mad:





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  • holycat
    Sep 12, 03:27 PM
    Shoulda been 60gb and 80gb like originally reported on some outlets. I could actually see myself buying the cheaper one then.


    check up the apple store~~~
    30GB and 80GB

    get the 80GB better...jz extra 100 bucks more :D





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  • DrFrankTM
    Sep 10, 07:11 AM
    The margins on a mid-mac should be better than the iMac since it's using standard (and therefore cheap) desktop components. So any mid-mac sales in preference to the iMac would probably make Apple more money anyway.

    The competition is fierce in that market segment though. The iMac or Mini form factors don't have quite as much competition, so price comparisons always leave a lot out of the picture. With a mid-range tower, the comparisons would be much more direct. Apple seems to be shaking its "expensive toy" image, but I wonder if they could "pull a Mac Pro" in the mid-range as well.





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  • jdechko
    Jul 14, 09:22 AM
    Woohoo! 3GHz here we come. As was mentioned before, though, a mid-sized tower priced at the iMac level (but upgradable) would be the final logical step in the Apple product line. That would leave Woodcrest to the high end MacPro with its quad configuration.





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  • Analog Kid
    Sep 16, 02:32 AM
    why is the US so far behind Europe with this kind of technology?


    (edit: maybe it isn't i haven't shopped for a phone in nearly a year)
    Because we don't ride trains... Asia, Europe have idle time commuting where they can fiddle with the functions on a phone-- we're too busy flipping people off and trying not to get killed. Americans use the phone to talk and that's about it.





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  • zer0sum
    Mar 22, 12:44 PM
    I did read it. It doesn't answer why there are no viruses today, now that Mac OS has greater market share than ever, when there were viruses back when it had a much smaller market share. The market share theory is pure nonsense. It doesn't stand up to simple math.

    The theory that OS X is completely secure is equally nonsense.
    You definitely don't need an anti-malware solution installed right now, but it is only a matter of time.

    There is a reason malware isn't prevalent and it's certainly not because there are no flaws to be leveraged into exploits.

    Just look at the security fixes of 10.6.7 update released a few days ago: http://support.apple.com/kb/HT4581

    Here's a list of some of the more serious 54 security fixes released

    AppleScript
    A format string issue existed in AppleScript Studio's generic dialog commands ("display dialog" and "display alert"). Running an AppleScript Studio-based application that allows untrusted input to be passed to a dialog may lead to an unexpected application termination or arbitrary code execution.

    ATS
    A heap buffer overflow issue existed in the handling of OpenType, TrueType and Type 1 fonts. Viewing or downloading a document containing a maliciously crafted embedded font may lead to arbitrary code execution.

    Multiple buffer overflow issues existed in the handling of SFNT tables. Viewing or downloading a document containing a maliciously crafted embedded font may lead to arbitrary code execution.

    bzip2
    An integer overflow issue existed in bzip2's handling of bzip2 compressed files. Using the command line bzip2 or bunzip2 tool to decompress a bzip2 file may result in an unexpected application termination or arbitrary code execution.

    ClamAV
    Multiple vulnerabilities exist in ClamAV, the most serious of which may lead to arbitrary code execution. This update addresses the issues by updating ClamAV to version 0.96.5. ClamAV is distributed only with Mac OS X Server systems.

    CoreText
    A memory corruption issue existed in CoreText's handling of font files. Viewing or downloading a document containing a maliciously crafted embedded font may lead to arbitrary code execution.

    File Quarantine
    The OSX.OpinionSpy definition has been added to the malware check within File Quarantine.

    ImageIO
    A heap buffer overflow issue existed in ImageIO's handling of JPEG and XBM images. Visiting a maliciously crafted website may lead to an unexpected application termination or arbitrary code execution.

    A buffer overflow existed in libTIFF's handling of JPEG encoded TIFF images and CCITT Group 4 encoded TIFF images. Viewing a maliciously crafted TIFF image may result in an unexpected application termination or arbitrary code execution.

    An integer overflow issue existed in ImageIO's handling of JPEG-encoded TIFF images. Viewing a maliciously crafted TIFF image may result in an unexpected application termination or arbitrary code execution. This issue does not affect systems prior to Mac OS X v10.6.

    Image RAW
    Multiple buffer overflow issues existed in Image RAW's handling of Canon RAW images. Viewing a maliciously crafted Canon RAW image may result in an unexpected application termination or arbitrary code execution.

    Installer
    A URL processing issue in Install Helper may lead to the installation of an agent that contacts an arbitrary server when the user logs in. The dialog resulting from a connection failure may lead the user to believe that the connection was attempted with Apple. This issue is addressed by removing Install Helper.

    Kerberos
    Multiple cryptographic issues existed in MIT Kerberos 5. Only CVE-2010-1323 affects Mac OS X v10.5.

    Kernel
    A privilege checking issue existed in the i386_set_ldt system call's handling of call gates. A local user may be able to execute arbitrary code with system privileges. This issue is addressed by disallowing creation of call gate entries via i386_set_ldt().

    libxml
    A memory corruption issue existed in libxml's XPath handling. Visiting a maliciously crafted website may lead to an unexpected application termination or arbitrary code execution.

    A double free issue existed in libxml's handling of XPath expressions. Visiting a maliciously crafted website may lead to an unexpected application termination or arbitrary code execution. This issue does not affect systems prior to Mac OS X v10.6.

    Mailman
    Multiple cross-site scripting issues existed in Mailman 2.1.13. These issues are addressed by updating Mailman to version 2.1.14.

    PHP
    PHP is updated to version 5.3.4 to address multiple vulnerabilities, the most serious of which may lead to arbitrary code execution.

    QuickLook
    A memory corruption issue existed in QuickLook's handling of Excel files. Downloading a maliciously crafted Excel file may lead to an unexpected application termination or arbitrary code execution. This issue does not affect systems prior to Mac OS X v10.6.

    A memory corruption issue existed in QuickLook's handling of Microsoft Office files. Downloading a maliciously crafted Microsoft Office file may lead to an unexpected application termination or arbitrary code execution.

    QuickTime
    Multiple memory corruption issues existed in QuickTime's handling of JPEG2000 images. Viewing a maliciously crafted JPEG2000 image with QuickTime may lead to an unexpected application termination or arbitrary code execution.

    An integer overflow existed in QuickTime's handling of movie files. Viewing a maliciously crafted movie file may lead to an unexpected application termination or arbitrary code execution. For Mac OS X v10.5 this issue was addressed in QuickTime 7.6.9.

    A memory corruption issue existed in QuickTime's handling of FlashPix images. Viewing a maliciously crafted FlashPix image may lead to an unexpected application termination or arbitrary code execution. For Mac OS X v10.5 this issue was addressed in QuickTime 7.6.9.

    A cross-origin issue existed in QuickTime plug-in's handling of cross-site redirects. Visiting a maliciously crafted website may lead to the disclosure of video data from another site. This issue is addressed by preventing QuickTime from following cross-site redirects.

    A memory corruption issue existed in QuickTime's handling of panorama atoms in QTVR (QuickTime Virtual Reality) movie files. Viewing a maliciously crafted QTVR movie file may lead to an unexpected application termination or arbitrary code execution. For Mac OS X v10.5 this issue was addressed in QuickTime 7.6.9.

    Ruby
    An integer truncation issue existed in Ruby's BigDecimal class. Running a Ruby script that uses untrusted input to create a BigDecimal object may lead to an unexpected application termination or arbitrary code execution. This issue only affects 64-bit Ruby processes.

    Samba
    A stack buffer overflow existed in Samba's handling of Windows Security IDs. If SMB file sharing is enabled, a remote attacker may cause a denial of service or arbitrary code execution.

    Subversion
    Subversion servers that use the non-default "SVNPathAuthz short_circuit" mod_dav_svn configuration setting may allow unauthorized users to access portions of the repository. This issue is addressed by updating Subversion to version 1.6.13. This issue does not affect systems prior to Mac OS X v10.6.

    X11
    Multiple vulnerabilities existed in FreeType, the most serious of which may lead to arbitrary code execution when processing a maliciously crafted font. These issues are addressed by updating FreeType to version 2.4.3





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  • edifyingGerbil
    Apr 18, 01:27 PM
    i wonder if this all started because of the damned "green revolution" which increased crop yields dramatically using petroleum based fertilisers and of course caused the population to explode globally?

    it makes sense in a perverse way. job growth can't keep up with population growth...

    now, another awful thing is a lot of western societies have this strange sense of entitlement... that certain jobs are beneath them, so they all strive to be white collar professionals but that's completely unsustainable... this explains, in the UK at least, the gross number of students who go to university and have degrees but the poor employment prospects for graduates.

    so far so bad, right?

    add consumerism to the mix and it's little wonder that people are placated by taking out loans to buy things they can't afford normally. but to have these things the companies which produce them need a cheap source of labour, so they outsource, so areas which were traditionally big on manufacturing decay and shrink, the people moving to already congested mega cities.

    they should teach buddhism in primary schools, it might stem the consumerist tide.

    ugh, it's enough to drive anyone to suicide.





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  • BenRoethig
    Sep 1, 11:40 AM
    wow. would that be the biggest mainstream desktop around?
    Biggest, yes. Mainstream, not even close.





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  • Passante
    Sep 19, 03:07 PM
    Probably not quite as long as you might think. Less than 3x longer for 720p or 1080i, <6x longer for 1080p.

    B

    but his download time was 6 hours... so 3X would be, well... a long time.





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  • vincenz
    Apr 25, 01:50 PM
    "Next year" as in October 2011 or October 2012?





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  • paddleboat
    Oct 27, 07:22 PM
    I had to have a good laugh following the greenpeace links from the macrumors article.

    * the "making waves" site had a pic and an article stating "our volunteers outside weere handing out real organic green apples". Only thing is the apples in the picture are red!

    *what are greenpeace more upset about...? the fact that there are tonnes of electronic waste in a garbage dump? or the fact that there are hundreds of poor and underpriviledged kids running around the dump collecting the waste in order to survive? I am sure that by fixing Apple's problems they will remove these kids from the dump! What is supposed to be in a garbage dump....the waste or the scavaging kids?





    martygras9
    Mar 23, 04:22 PM
    I live in Nevada and honestly the cops spend more time Giving tickets out then doing real police work. Since the state has been financial hardship, The cops are out drumming up business. Honestly, do you think someone who is Drunk is going to be checking the app for the checkpoints? Its just an excuse to get rid of these apps from the store and increase revenue. Apple dont bend to the pressure, These apps do not break any rules for the App store and if you start letting the Government decide what should and shouldnt be, is the day I finally Jailbreak my Iphone.

    My God, jailbreak your phone anyway....it's fantastic!





    JAT
    Mar 30, 12:10 PM
    Its important to always note context.

    Windows may be generic but only when you're trying to trademark the term for actual windows. Windows doesn't describe an OS....
    I agree with the rest of your post, but this is incorrect. "Windows" the trademarked term did not come up yesterday like "appstore". It was first used for a new version of DOSshell, all it could claim was a gui interface on MS-DOS, aka "windows". MS-DOS was an OS, Windows through at least Win98 was not.

    But that fight was resolved (poorly) years ago, people should stop using it as a reference.





    Evangelion
    Sep 14, 04:03 AM
    My friend has that phone, it's amazing.

    THESE SLIDER PHONES ARE A HUGE HIT RIGHT NOW!

    I wished Nokia came up with a successor to Nokia 7110. That phone ROCKED! Remember the stiletto-phones from The Matrix? Those phones didn't really exist. They were modified 8110's, real 8110 had a "manual" slide-mechanism. But the 7110... That's how they worked. You pushed a button, and the phone just snapped open. Very cool, and very, very sexy.

    They had such a great design years ago, and it just boggles the mind that they are not using it anymore. 8800 does have something similar, but it opens "gracefully", whereas 7110 snapped open.





    iStudentUK
    Apr 20, 06:12 AM
    Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8F190 Safari/6533.18.5)

    http://johnpilger.com/videos

    He's even got an awesome interview with Julian Assange. His documentary "The War You Don't See" is a must watch though.

    What does he say about the coming New World Order that Bush and Obama keep talking about, and also the coming North American Union + Amero?

    I'll personally give you 1 million Ameros if that happens in my lifetime (hopefully another 60 years!).

    I'm still finding it hard not to believe this is a parody.





    MattyMac
    Sep 9, 10:17 AM
    I want to see some unpacking pics of that 24inch model compared with the 20in. Soon enough I suppose.



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