Monthly Archives: May 2005

Grossly Excessive Penalties in the Battle Against Illegal File-Sharing: The Troubling Effects of Aggregating Minimum Statutory Damages for Copyright Infringement by J. Cam Barker

I’ve long thought that there should be some legal challenge to the excessive penalties levied against file sharers. After all, if I go and steal a CD in any store in the US, it would be classified as petty theft, with fines of maybe $500 and a maximum of thirty days of jailtime, which is almost always waived. Yet, if I download even a single copyrighted file, I could be liable for literally hundreds of thousands of dollars. The reality of these cases is that they are never brought to trial. The RIAA has settled thousands of these cases for an average of $3000 a pop. The threat of large cash fines being levied is enough to make settlement virtually the only choice in such cases, regardless of the merits.

It appears that J. Cam Barker of the University of Texas at Austin School of Law has similar thoughts, but while I am not a lawyer, he is. Check out his paper:

SSRN-Grossly Excessive Penalties in the Battle Against Illegal File-Sharing: The Troubling Effects of Aggregating Minimum Statutory Damages for Copyright Infringement by J. Cam Barker

The article dissects awards into punitive and compensatory damages, and illustrates how under the principles laid down in the Supreme Court case BMW v. Gore, these awards may be viewed as unconsitutionally excessive.

I’ve read only about half the paper, but it seems surprisingly clear and concise. Check it out.

Maultasch’s Musings: Why I Hate Blogging Dinners

I’ve begun to wonder if many so-called A-list bloggers do nothing more than wander around the country having dinner with one another. One blogger expressed some dissatisfaction with one of these dinners and his words struck a chord with me:

Everything I love about blogging is reversed at a blogging dinner. I love that blogs and particularly my RSS reader level the playing field – the idea is king not the person who blogs it. Contrast that with a blog dinner – where the A-list blogger is king; everyone wants to talk to the A-listers and the whole enterprise revolves around them. I also hate the forced conversations – how many times can you talk about your RSS reader, your blogging software and Del.icio.us?

Indeed.

Dell Axim X50(v) A03 ROM update

It appears that Dell has released a new ROM update (A03) for the Dell Axim x50v. Haven’t tried this out yet, but I will this evening. Seems like it should address a couple of the relatively minor problems I’ve had with it:

  1. Improved the compatibility with certain CF cards
  2. Improved the power management within the CompactFlash driver
  3. Improved the WLAN driver for the unrecognized card issue
  4. Improved Bluetooth memory management
  5. Enhanced the processor speed scheme (Auto) for better balance between performance and battery life
  6. Improved the compatibility of Bluetooth FTP
  7. Make the wireless button driver more robust
  8. Improved the compatibility of Switcher Bar application
  9. Enhanced the compatibility of Data Backup utility
  10. Enhanced the WEP key security
  11. Updated the Funk Odyssey client
  12. Improved the frequency change mechanism of 2700G (Axim X50v)
  13. Fixed issue when pausing live streaming video (Axim X50v)
  14. Updated 2700G display driver (Axim X50v)

I’ll let you know how it works out.

MobileRead Networks – Dell Axim X50(v) A03 ROM update

Remarkable Fan Film

Star Wars Revelations, A Fan FilmLast night I finally got around to watching Revelations, a Star Wars fan film which I found to be truly remarkable. It is not without its flaws, but it is remarkable that fans could dedicate enough time, energy and organization to produce such a professional and competent film. I found the special effects and costuming to be particularly noteworthy and surprising. To keep from running afoul of George Lucas and his lawyers, the film is absolutely free and available for download in either Quicktime formats or alternatively as a DVD image. There is also a second DVD which contains the “making of” information which I haven’t watched yet, but will probably watch in the next couple of days.

Cool stuff, and inspiring for DIY media types.

I also read that Slate magazine had asked that George Lucas release Star Wars under a Creative Commons license. I think the chances are right around 0%, but it’s an interesting idea.

Incidently, Slate places the cost of Revelations at $20,000. That’s pinching your pennies.

Weekend Pic

Carmen at TahoeCarmen and I spent a short weekend at Reno/Tahoe, and I snapped this picture of her at the shore of Lake Tahoe. A nice trip, alas, all to short. Love you honey! Every moment with you is a vacation all by itself.

Picture seems overblown because I used my cameraphone, and let’s face it, it’s not the greatest camera.

Oroboros

The more things change, the more things stay the same, and the snake continues to eat its tail.

Dave Slusher expressed a certain disgruntlement with KYOURadio, a commercial venture that would air podcasts produced by amateurs over the contentional radio spectrum. I wonder how he would react to the news that PodFather Adam Curry is poised to do precisely the same thing:

Mr. Curry will help choose material for “Adam Curry’s PodShow” from some of the thousands of amateur shows produced in basements, living rooms and dormitories. Sirius subscribers, who pay $12.95 a month for the service, can listen to the show on channel 148, “Talk Central.”

More and more, the new revolutionary medium seems to be led by those who are intent on just rebuilding the same media over and over again. In Adam’s case, even the face is the same.

No Intelligence in Intelligent Design

Periodically Slashdot runs a story to punch the creation versus evolution button. I must admit, it’s one of my hot button topics. I’d could rant substantially about it, but instead I’ll just ask that you read the comments and see how many of its proponents seem to be unable to spell the word “intelligent”.

A brief list:

  • intelegant
  • intellegent
  • integgegant

They also can’t seem to spell the word “atheist”, or apply it correctly.

Consider updates to be irregular for the next couple weeks

I’m freshly back from a whirlwind trip to Reno to scout locations for my father-in-law’s 80th birthday party, and I’m going to be tied up with SIGGRAPH sketch jury duty through next weekend, and the following weekend I’ll be trying to paint my garage door and run (or more realistically, walk) the Bay To Breakers. Busy busy busy, and I haven’t been able to get to recording a podcast in a while already.

I’ll see what I can do short of popping amphetamines, but likely the blog will take back seat for the next two weeks.