It seems that Bill Gates himself is a fan of piracy. He supports it just like millions of other people through the use of sites like YouTube.
Now this is far more difficult to stop than even movies, software, or music on hard media, this is out in the open, share with everyone, piracy.
Its easy to get, impossible to pay for and pointless to report. If Bill, the richest guy I've ever met, enjoys it, why the heck am i trying to stop piracy around me?
I use:
Thursday, June 22, 2006
Modders and Tuners: How are they different?
Part of being a good judge is understanding the opinions held by both sides in a situation and, within the rules of law and precidence, providing a viable decision that is fair and unbiased. While I am no judge in the legal sense, my perception regarding the fairness of a law or claim may be swayed or changed by understanding the views of the claimant and the defendant.
This statement is true for everything I write about, if you disagree with me, come up with a viable argument and evidence to support your claim and I'll listen.
Now, what's on my mind is the act of modifying a console by, or for, an end-user. For example the XBOX, as released was a formidable console gaming using with potential DVD capabilities (you'd need to buy the remote). A few resourceful individuals, and some companies have created modifications (mods) to install into the XBOX that allow for a wider range of function and changes to not only the console's functionality, but some game functionality. This is where the concern begins.
A novice might liken the upgrade to what a car enthusiast does to a car. The tuner will add performance parts and such to improve the functionality of the vehicle in the area of speed, access, comfort, entertainment, or cosmetics. This is legal unless the car is used for street racing, but legal otherwise (for now). How is it somehow wrong for to mod an XBOX then?
The difference is that the code in the XBOX is designed to work in a particular manner. It was authored to serve a strict design to ensure the best game functionality and limited (i.e. no DVD without buying the Remote) to preserve licensing. We're not talking about adding a muffler or lowering your suspension, though some mods will void the car's manufacturer warranty. Some gamers go so far as to modify the software that runs on the XBOX (as it has been stored on the hard disk) so it behaves differently and while this is creative it is changing the design without the author's permission.
Personal Use... If an end-user does this for himself there's very little impact. Aside from the annoyance to others for a ridiculous mod that creates an unfair advantage, but this is no longer just personal use, it's effecting others. This would be much like the modified car, with a resonator on the exhaust, driving down your street.
So, it is wrong to mod? Yes, technically. Is it stoppable, not so far. Is it that different from tuning your car? No. It really comes down to your use of the customization and whether you have respect for others.
This statement is true for everything I write about, if you disagree with me, come up with a viable argument and evidence to support your claim and I'll listen.
Now, what's on my mind is the act of modifying a console by, or for, an end-user. For example the XBOX, as released was a formidable console gaming using with potential DVD capabilities (you'd need to buy the remote). A few resourceful individuals, and some companies have created modifications (mods) to install into the XBOX that allow for a wider range of function and changes to not only the console's functionality, but some game functionality. This is where the concern begins.
A novice might liken the upgrade to what a car enthusiast does to a car. The tuner will add performance parts and such to improve the functionality of the vehicle in the area of speed, access, comfort, entertainment, or cosmetics. This is legal unless the car is used for street racing, but legal otherwise (for now). How is it somehow wrong for to mod an XBOX then?
The difference is that the code in the XBOX is designed to work in a particular manner. It was authored to serve a strict design to ensure the best game functionality and limited (i.e. no DVD without buying the Remote) to preserve licensing. We're not talking about adding a muffler or lowering your suspension, though some mods will void the car's manufacturer warranty. Some gamers go so far as to modify the software that runs on the XBOX (as it has been stored on the hard disk) so it behaves differently and while this is creative it is changing the design without the author's permission.
Personal Use... If an end-user does this for himself there's very little impact. Aside from the annoyance to others for a ridiculous mod that creates an unfair advantage, but this is no longer just personal use, it's effecting others. This would be much like the modified car, with a resonator on the exhaust, driving down your street.
So, it is wrong to mod? Yes, technically. Is it stoppable, not so far. Is it that different from tuning your car? No. It really comes down to your use of the customization and whether you have respect for others.
Monday, June 19, 2006
Wednesday, June 14, 2006
For the Uber-Techie
This is the toy to have...
Samsung Launches First PCs with NAND Flash-based Solid State Disk
I'm sorry this has become a rather veggie blog recently (no meat) It'll get better soon.
Samsung Launches First PCs with NAND Flash-based Solid State Disk
I'm sorry this has become a rather veggie blog recently (no meat) It'll get better soon.
Sunday, May 14, 2006
The Socially Acceptable Crime... Piracy.
I've written about this before but it doesn't seem to sink in that this sort of activity is not only criminal but so commonplace that society itself seems to support it. A story in the Toronto star tells of the availability and proliferation of the crime. The fact that the pirated media is being sold in such high quanities, high enough and with enough of a profit margin to entice business to committing the crime. is shocking enough, what's worse is that people feel there is no harm to their actions.
In several places I have worked and in social circles that I've been part of, the talk of downloading the latest movies, songs, and books has filled the air and I have always stated my position. I am quite an insistent advocate for observing intellectual property laws, comparing the act of piracy to theft. The comparison is lost on many because they don't see the tangible side of downloading, but others simply don't care. They excuse themselves from the illegality through protesting cost of the DVDs or the trip to the theatre, yet they have a tough time accepting that they could compare their actions to performing own job for free for 20-30 hours a week. People do not understand the impact, or simply don't care.
I'm at the limit of my complacency. When I hear people talking about crime, their own, whether it's some guy on a bus talking about what he's boosted from his company or what someone has downloaded from the Internet, I cringe and often feel nauseated and wonder how long i'll be able to keep my daughters from this crime. After all if everyone does it, how do I keep them from following suit? So far, my daughters understand the concept of piracy is theft. Their early understanding is what I believe the is key to changing this problem as they will have the fortitude to stand up to others when asked for some of their MP3s, or a copy of their CD/movie. It's funny though, we're exceptions.
I have seen people give/receive pirated movies as birthday presents! This is worse than re-gifting! It's the cheapest, most tacky, aside from being illegal, present anyone could offer. My response, if it ever happened to me, hand it back. What my daughters are encouraged to give, is a Puretracks pre-paid/gift card, then the receiver can make their own CD and/or WMA file for transport. Why would I make my daughters criminals by pirating a CD for them to give to someone else? Is that being a responsible parent?
I have heard all of the arguments before and you're free to comment on the legalities of Piracy. I've debated this with others
and they generally can't provide enough support for their argument. It normally ends with their claim that it "doesn't hurt anyone" and I disagree. The one question is, what do the musicians, actors, directors, and writers do to curb the problem? Do they strike? How many people would that hurt?
In several places I have worked and in social circles that I've been part of, the talk of downloading the latest movies, songs, and books has filled the air and I have always stated my position. I am quite an insistent advocate for observing intellectual property laws, comparing the act of piracy to theft. The comparison is lost on many because they don't see the tangible side of downloading, but others simply don't care. They excuse themselves from the illegality through protesting cost of the DVDs or the trip to the theatre, yet they have a tough time accepting that they could compare their actions to performing own job for free for 20-30 hours a week. People do not understand the impact, or simply don't care.
I'm at the limit of my complacency. When I hear people talking about crime, their own, whether it's some guy on a bus talking about what he's boosted from his company or what someone has downloaded from the Internet, I cringe and often feel nauseated and wonder how long i'll be able to keep my daughters from this crime. After all if everyone does it, how do I keep them from following suit? So far, my daughters understand the concept of piracy is theft. Their early understanding is what I believe the is key to changing this problem as they will have the fortitude to stand up to others when asked for some of their MP3s, or a copy of their CD/movie. It's funny though, we're exceptions.
I have seen people give/receive pirated movies as birthday presents! This is worse than re-gifting! It's the cheapest, most tacky, aside from being illegal, present anyone could offer. My response, if it ever happened to me, hand it back. What my daughters are encouraged to give, is a Puretracks pre-paid/gift card, then the receiver can make their own CD and/or WMA file for transport. Why would I make my daughters criminals by pirating a CD for them to give to someone else? Is that being a responsible parent?
I have heard all of the arguments before and you're free to comment on the legalities of Piracy. I've debated this with others
and they generally can't provide enough support for their argument. It normally ends with their claim that it "doesn't hurt anyone" and I disagree. The one question is, what do the musicians, actors, directors, and writers do to curb the problem? Do they strike? How many people would that hurt?
Wednesday, May 10, 2006
The New PC...
I wouldn't suggest this is the only personal computing device you'll ever need, though it will satisfy the needs of many of us as convenience when on the road. It is the new format of Ultra Mobile PC (UMPC) and it rocks!There are a couple of these just making it to market or will be soon, my favourite (and it's on my birthday list) is the Samsung Q1. This link to Best Buy (U.S.A.) is the first I've seen online and with the Canadian dollar being so comfortably high, this is the time to buy and may be worth picking up on your next visit to the sunny south.
If you're trying to remain connected, in-touch, or simply looking for something capable but less than a full laptop, this is the toy, er, tool for you. With a 40Gb hard disk, full audio and video capabilities, and wireless features that allow quick connections anywhere, the package is a meet-the-needs solution for the traveller or business user. With on-board USB and media ports there's something there for the Photographer and the presenter too.
The biggest problem I anticipate for this pint-sized wonder is that software has become increasinging developed for larger screens and while this might pack a punch and run a full Windows XP-based OS, not Windows Mobile or Windows CE, How many applications will be problematic with this new standard.
Like a larger variation on the Sony PSP, with the freedom of running Windows applications and not requiring a specialized development platform (as is the case for Windows CE/Mobile) I can see this being popular in-office/workplace mobile tool. Especially at dealerships, service centres, doctor's offices, and other service-related situations.
Thursday, April 06, 2006
Intellectual Property and Copyright
RE-WRITE:
This is a rant. I'm sorry this blog is supposed to be here to help you understand technology and while it MAY do this I also believe that you need to understand the impact and purpose of copyright protection and the legal scope of intellectual property law.
I AM NOT A LAWYER, I am a concerned individual who believes in the purpose and foundation of the law. That said, everyone makes a choice regarding their actions and reasoning behind their choices. While the laws are designed to protect the creators, there may be some who feel justified in ignoring those laws because of high prices for software, DVDs, or music. My choice is clear, your choice may be equally as clear, the challenge is whether it is in line with or contrary to the law.
Copyright covers any work that is created by an artist, photographer, writer, musician, or programmer. Really it's the right of ownership that a person had over his creation. It is not like a patent and that's a different beast that's causing problems but the idea is that if you create an original work you own the rights to control the usage. You also have the right to sell it and you have the right to give it away. You have the right to license the work to one or more people for use and this right is protected by Copyright Law.
The act of piracy is theft. Whether it's on an ocean or in a store at the Pacific Mall, the impact is the same, theft. The idea that copying music or software is not theft is a perception problem. People provide their own media so they feel they're justified. They suggest that it's okay because they would hear it on the radio anyway. They suggest that they are simply backing up the media and "storing it at a friend's home"...
The excuses are lame and the inalienable right to protect copyright is granted to artists and companies that create! Copyright is more than just the protection of rights regarding redistribution, the work, as created, is protected from modification or augmentation. For years there were a flock of Canadian Geese hanging in the Toronto Eaton Centre, they were a wonderful display of carving and while I'm not sure if they're there anymore, they were a site to see inside a mall, as if in flight. Well, some wise-guy in the mall deceided to decorate them one year (for Christmas) by putting bows around their necks. The artist successfully sued for the defacing of his work. While he was commisioned to create the work for the Toronto Eaton Centre, he did not give up his right to the usage and this decoration was beyond the rights of the TEC.
The same is true of those who modify their XBOX, circumventing the protections put in place, the code delivered inside the sealed unit. This is specifically covered in many License Agreements and is a form of Copyright Infringement.
License Agreement... The permissions the creator of a work gives you, the purchaser of the license, surrounding the appropriate use of their creation. When you buy the Windows XP Upgrade, it is licensed for use on one (1) computer, without modification. You are not authorised to copy it for a friend, circumvent the anti-piracy functionality, or share access to it (through means provided by the OS) over a network with more than 5 other devices.
If you do not agree with this, STOP NOW, don't use the product. There are alternatives to expensive products, but you seem to get what you pay for. The reality is that if you buy a base-model economy vehicle it will not have the same features as its fully-loaded luxury vehicle. You get what you pay for. Likewise, with software, you may consider the low-cost alternatives of open-source software.
Each piece of software has a different License Agreement. Music is covered, generally, by the Copyright Act itself. There's fair use of any work, but the determination of fair use is a little grey. The idea is that you cannot re-create anything in it's entirety or in a significant portion, and if your intended use will generate a profit for you, you may need to enterinto another type of license agreement that covered royalties.
Copyright is protected by the law, breaking this law is commonly referred to as piracy, though other terms are valid as well. Technically it is called Copyright infringement but Bootlegging and plagarism are both in the same realm. In short, it is theft.
When you buy a PC and the operating system is installed, you should receive a license and a Certificate of Authenticity (COA) in the form of a sticker on the side of your PC. COA are not generally transferrable, oddly, from one PC to another. If you bought Microsoft Office with the PC, you should receive a COA and Media. If you don't have a COA you are not licensed, go download OpenOffice.org which is open source and it's survival is based upon your generousity.
Respecting the law means that you read, understand, and respect the license. You don't share software with friends and family unless the Licence Agreement says you can. Software rental is not typically legal so don't consider that option.
Face facts and the reality of it all. If you copy software, DVDs, music, artwork, or even a term paper you are committing copyright infringement. You are liable to be prosecuted under the full extent of the law though you may never be. Your safeguard is the practicality of prosecuting the offenders, big companies simply don't have the time or money to waste targetting individuals. In stead they contribute to organisations that do this for them. BSA and CAAST target companies and resellers that pirate product using an Anton-Pillar order. Police forces assist or enforce in the fight depending on the stakes, but individuals are rarely targetted. The companies invest heavily in software and tools to protect their works. While Windows XP has their registration/activation system, Sony CDs featured a rather unruly software method. People complain about these methods, and Sony's methodology was just a bad idea, but the cause of these uncomfortable efforts are the people who pirate the software and music.
The basic truth here is, regardless of the expense of costs, you are not entitled to commit theft simply because you can't afford the lastest OS, Office Suite, CD or DVD. If you can't find the time to watch pervious seasons on A&E then you do not need to pirate your friend's DVD. If you can't afford the latest CD or Puretracks download of RUSH, you can hear it on the radio.
THEFT IS NOT COOL! PIRACY IS THEFT! If your son or daughter was caught stealing a chocolate bar from the store, what would you do? If they see you downloading music and pirating games, DVDs, or software what the hell are you teaching them?
It's your choice and I admit that paying $300 for a Windows XP Professional upgrade is painful, but is it more painful than installing Linux and haveing compatibility issues. Linux is getting better, begin cheering and supporting that cause if you want to reduce your costs, but think about your choices and your decisions.
This is a rant. I'm sorry this blog is supposed to be here to help you understand technology and while it MAY do this I also believe that you need to understand the impact and purpose of copyright protection and the legal scope of intellectual property law.
I AM NOT A LAWYER, I am a concerned individual who believes in the purpose and foundation of the law. That said, everyone makes a choice regarding their actions and reasoning behind their choices. While the laws are designed to protect the creators, there may be some who feel justified in ignoring those laws because of high prices for software, DVDs, or music. My choice is clear, your choice may be equally as clear, the challenge is whether it is in line with or contrary to the law.
Copyright covers any work that is created by an artist, photographer, writer, musician, or programmer. Really it's the right of ownership that a person had over his creation. It is not like a patent and that's a different beast that's causing problems but the idea is that if you create an original work you own the rights to control the usage. You also have the right to sell it and you have the right to give it away. You have the right to license the work to one or more people for use and this right is protected by Copyright Law.
The act of piracy is theft. Whether it's on an ocean or in a store at the Pacific Mall, the impact is the same, theft. The idea that copying music or software is not theft is a perception problem. People provide their own media so they feel they're justified. They suggest that it's okay because they would hear it on the radio anyway. They suggest that they are simply backing up the media and "storing it at a friend's home"...
The excuses are lame and the inalienable right to protect copyright is granted to artists and companies that create! Copyright is more than just the protection of rights regarding redistribution, the work, as created, is protected from modification or augmentation. For years there were a flock of Canadian Geese hanging in the Toronto Eaton Centre, they were a wonderful display of carving and while I'm not sure if they're there anymore, they were a site to see inside a mall, as if in flight. Well, some wise-guy in the mall deceided to decorate them one year (for Christmas) by putting bows around their necks. The artist successfully sued for the defacing of his work. While he was commisioned to create the work for the Toronto Eaton Centre, he did not give up his right to the usage and this decoration was beyond the rights of the TEC.
The same is true of those who modify their XBOX, circumventing the protections put in place, the code delivered inside the sealed unit. This is specifically covered in many License Agreements and is a form of Copyright Infringement.
License Agreement... The permissions the creator of a work gives you, the purchaser of the license, surrounding the appropriate use of their creation. When you buy the Windows XP Upgrade, it is licensed for use on one (1) computer, without modification. You are not authorised to copy it for a friend, circumvent the anti-piracy functionality, or share access to it (through means provided by the OS) over a network with more than 5 other devices.
If you do not agree with this, STOP NOW, don't use the product. There are alternatives to expensive products, but you seem to get what you pay for. The reality is that if you buy a base-model economy vehicle it will not have the same features as its fully-loaded luxury vehicle. You get what you pay for. Likewise, with software, you may consider the low-cost alternatives of open-source software.
Each piece of software has a different License Agreement. Music is covered, generally, by the Copyright Act itself. There's fair use of any work, but the determination of fair use is a little grey. The idea is that you cannot re-create anything in it's entirety or in a significant portion, and if your intended use will generate a profit for you, you may need to enterinto another type of license agreement that covered royalties.
Copyright is protected by the law, breaking this law is commonly referred to as piracy, though other terms are valid as well. Technically it is called Copyright infringement but Bootlegging and plagarism are both in the same realm. In short, it is theft.
When you buy a PC and the operating system is installed, you should receive a license and a Certificate of Authenticity (COA) in the form of a sticker on the side of your PC. COA are not generally transferrable, oddly, from one PC to another. If you bought Microsoft Office with the PC, you should receive a COA and Media. If you don't have a COA you are not licensed, go download OpenOffice.org which is open source and it's survival is based upon your generousity.
Respecting the law means that you read, understand, and respect the license. You don't share software with friends and family unless the Licence Agreement says you can. Software rental is not typically legal so don't consider that option.
Face facts and the reality of it all. If you copy software, DVDs, music, artwork, or even a term paper you are committing copyright infringement. You are liable to be prosecuted under the full extent of the law though you may never be. Your safeguard is the practicality of prosecuting the offenders, big companies simply don't have the time or money to waste targetting individuals. In stead they contribute to organisations that do this for them. BSA and CAAST target companies and resellers that pirate product using an Anton-Pillar order. Police forces assist or enforce in the fight depending on the stakes, but individuals are rarely targetted. The companies invest heavily in software and tools to protect their works. While Windows XP has their registration/activation system, Sony CDs featured a rather unruly software method. People complain about these methods, and Sony's methodology was just a bad idea, but the cause of these uncomfortable efforts are the people who pirate the software and music.
The basic truth here is, regardless of the expense of costs, you are not entitled to commit theft simply because you can't afford the lastest OS, Office Suite, CD or DVD. If you can't find the time to watch pervious seasons on A&E then you do not need to pirate your friend's DVD. If you can't afford the latest CD or Puretracks download of RUSH, you can hear it on the radio.
THEFT IS NOT COOL! PIRACY IS THEFT! If your son or daughter was caught stealing a chocolate bar from the store, what would you do? If they see you downloading music and pirating games, DVDs, or software what the hell are you teaching them?
It's your choice and I admit that paying $300 for a Windows XP Professional upgrade is painful, but is it more painful than installing Linux and haveing compatibility issues. Linux is getting better, begin cheering and supporting that cause if you want to reduce your costs, but think about your choices and your decisions.
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