[H] Metro-Goldwyn-Mayer Studios Inc. et al. v. Grokster, Ltd., et al.

2005-07-05 Thread Robert Turnbull

From The Washington Post:

In 
http://letters.washingtonpost.com/W6RH04C5C064AD9BC6D7A3C8141400Metro-Goldwyn-Mayer 
Studios Inc. et al. v. Grokster, Ltd., et al., the Court held that Grokster 
could be sued by MGM and other entertainment industry firms for its 
creation of a peer-to-peer file-sharing service. That's not because 
Grokster's software could be used for downloading movies and music, nor 
because Grokster's software was being used for that purpose, nor even 
because the Groksterites intended that use.


The difference here, Justice David Souter wrote for a 9-0 majority, was 
that Grokster advertised itself as a way to get movies and music without 
paying. To quote 
http://letters.washingtonpost.com/W6RH04C5C0575D9BC6D7A3C8141400Souter's 
opinion: one who distributes a device with the object of promoting its use 
to infringe copyright, as shown by clear expression or other affirmative 
steps taken to foster infringement, is liable for the resulting acts of 
infringement by third parties.


This is a somewhat fine distinction that seems to have gotten lost in some 
we're-all-gonna-die! analysis. The ruling does not throw people in jail for 
making hardware or software that could be used to share copyrighted works. 
It does not require the developers of hardware and software to act as 
copyright cops.


The ruling makes this clear on page 19: Mere knowledge of infringing 
potential or of actual infringing uses would not be enough here to subject 
a distributor to liability, and in footnote 12 on page 22: In the absence 
of other evidence of intent, a court would be unable to find contributory 
infringement liability merely based on a failure to take affirmative steps 
to prevent infringement, if the device otherwise was capable of substantial 
noninfringing uses.




Robert Turnbull, Toronto, Canada



Re: [H] Metro-Goldwyn-Mayer Studios Inc. et al. v. Grokster, Ltd., et al.

2005-07-05 Thread j m g
But what it also doesn't do is give clarity to allowing the suits in
the first place.  They've opened the door to folks to let the courts
decide if there was any 'promotion of infringement' by the hardware or
software vendors.

My Subaru's tv ad had 0-60 times as 5.4 secs - are they promoting
reckless driving?  Can they be sued for it?

What someone does with tools they've purchased should be their own
responsibility.  A vague ruling like this will kill funding of
projects that have market potential simply because of litigation
fears.

On 7/5/05, Robert Turnbull [EMAIL PROTECTED] wrote:
  From The Washington Post:
 
 In
 http://letters.washingtonpost.com/W6RH04C5C064AD9BC6D7A3C8141400Metro-Goldwyn-Mayer
 Studios Inc. et al. v. Grokster, Ltd., et al., the Court held that Grokster
 could be sued by MGM and other entertainment industry firms for its
 creation of a peer-to-peer file-sharing service. That's not because
 Grokster's software could be used for downloading movies and music, nor
 because Grokster's software was being used for that purpose, nor even
 because the Groksterites intended that use.
 
 The difference here, Justice David Souter wrote for a 9-0 majority, was
 that Grokster advertised itself as a way to get movies and music without
 paying. To quote
 http://letters.washingtonpost.com/W6RH04C5C0575D9BC6D7A3C8141400Souter's
 opinion: one who distributes a device with the object of promoting its use
 to infringe copyright, as shown by clear expression or other affirmative
 steps taken to foster infringement, is liable for the resulting acts of
 infringement by third parties.
 
 This is a somewhat fine distinction that seems to have gotten lost in some
 we're-all-gonna-die! analysis. The ruling does not throw people in jail for
 making hardware or software that could be used to share copyrighted works.
 It does not require the developers of hardware and software to act as
 copyright cops.
 
 The ruling makes this clear on page 19: Mere knowledge of infringing
 potential or of actual infringing uses would not be enough here to subject
 a distributor to liability, and in footnote 12 on page 22: In the absence
 of other evidence of intent, a court would be unable to find contributory
 infringement liability merely based on a failure to take affirmative steps
 to prevent infringement, if the device otherwise was capable of substantial
 noninfringing uses.
 
 
 
 Robert Turnbull, Toronto, Canada
 
 


-- 
-jmg

Chaos often breeds life, when order breeds habit.
Henry Brooks Adams [1838-1918]



Re: [H] Metro-Goldwyn-Mayer Studios Inc. et al. v. Grokster, Ltd., et al.

2005-07-05 Thread G.Waleed Kavalec
Next time somebody kills their spouse with a hammer, the next of kin should sue Sears.
On 7/5/05, j m g [EMAIL PROTECTED] wrote:
But what it also doesn't do is give clarity to allowing the suits inthe first place.They've opened the door to folks to let the courtsdecide if there was any 'promotion of infringement' by the hardware orsoftware vendors.
My Subaru's tv ad had 0-60 times as 5.4 secs - are they promotingreckless driving?Can they be sued for it?What someone does with tools they've purchased should be their ownresponsibility.A vague ruling like this will kill funding of
projects that have market potential simply because of litigationfears.On 7/5/05, Robert Turnbull [EMAIL PROTECTED] wrote:From The Washington Post:
 In http://letters.washingtonpost.com/W6RH04C5C064AD9BC6D7A3C8141400Metro-Goldwyn-Mayer Studios Inc. et al. v. Grokster, Ltd., et al., the Court held that Grokster
 could be sued by MGM and other entertainment industry firms for its creation of a peer-to-peer file-sharing service. That's not because Grokster's software could be used for downloading movies and music, nor
 because Grokster's software was being used for that purpose, nor even because the Groksterites intended that use. The difference here, Justice David Souter wrote for a 9-0 majority, was
 that Grokster advertised itself as a way to get movies and music without paying. To quote http://letters.washingtonpost.com/W6RH04C5C0575D9BC6D7A3C8141400
Souter's opinion: one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear _expression_ or other affirmative steps taken to foster infringement, is liable for the resulting acts of
 infringement by third parties. This is a somewhat fine distinction that seems to have gotten lost in some we're-all-gonna-die! analysis. The ruling does not throw people in jail for
 making hardware or software that could be used to share copyrighted works. It does not require the developers of hardware and software to act as copyright cops. The ruling makes this clear on page 19: Mere knowledge of infringing
 potential or of actual infringing uses would not be enough here to subject a distributor to liability, and in footnote 12 on page 22: In the absence of other evidence of intent, a court would be unable to find contributory
 infringement liability merely based on a failure to take affirmative steps to prevent infringement, if the device otherwise was capable of substantial noninfringing uses.
 Robert Turnbull, Toronto, Canada---jmgChaos often breeds life, when order breeds habit.Henry Brooks Adams [1838-1918]--  
G. Waleed Kavalechttp://www.IslamAwakened.com/QuranAuozo Billah himinash shatan-ir-rajeem


Re: [H] Metro-Goldwyn-Mayer Studios Inc. et al. v. Grokster, Ltd., et al.

2005-07-05 Thread Ben Ruset

They should just sue the internet for making it easy to pirate movies.

I wish people would stop going to the movies and stop buying music in 
response to these stupid lawsuits. Ultimately, fair-use rights are going 
to be eliminated, and we'll all be forced to live in a safe, happy DRM 
land, where the thought police kill you if you press the record button 
when you're not allowed to.


j m g wrote:

But what it also doesn't do is give clarity to allowing the suits in
the first place.  They've opened the door to folks to let the courts
decide if there was any 'promotion of infringement' by the hardware or
software vendors.

My Subaru's tv ad had 0-60 times as 5.4 secs - are they promoting
reckless driving?  Can they be sued for it?

What someone does with tools they've purchased should be their own
responsibility.  A vague ruling like this will kill funding of
projects that have market potential simply because of litigation
fears.


Re: [H] Re: Can't find CD drives

2005-07-05 Thread FORC5


if DM does not see them ( is there more than one ?) still
may be a drive conflict or compatibility.
jumpered properly or bios would not see them and controller must be
enabled.
were they seen at one time and nothing has changed ?
I would enable view phantom devices in device manager and remove all
grayed out devices.
enabled in bios or with this reg file. show all devices must be enabled
under view.
REGEDIT4
[HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Control\Session
Manager\Environment]
DEVMGR_SHOW_NONPRESENT_DEVICES=1
also could just be a bad drive, try another drive or if two one at a
time.
At 08:46 AM 7/5/2005, Chris Shaw Poked the stick with:
These are good
suggests!!
I can see the drives in Device Manager, but can't see them in Drive
Management. If I check the properties of them in Device Manager 
change a setting  click OK, then the drive gets the
yellow ! over it's icon. I hope this may shed some light on
things. None of my apps can see them. I checked the bios  they show
up there as well as when it is booting up. So it appears to be some sort
of Windows issue!!
Thanks for the help!!

-- 
Tallyho ! ]:8)
--
Matrimony isn't a word, it's a sentence.