kemitchell
Oakland, California
https://kemitchell.com
π Joined in 2013
πΌ 1,758 Karma
βοΈ 798 posts
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The Supreme Court decision in Oracle v Google skipped over copyrightability and addressed fair use. Fair use is a legal defense, applying only in response to finding infringement, which can only be found if material's copyrightable. So the way the Supreme Court made its decision was weird, but it wasn't about the creativity requirement.
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- trigger: ";tod"
replace: "{{mydate}}"
vars:
- name: mydate
type: shell
params:
cmd: date --iso-8601
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https://storage.courtlistener.com/recap/gov.uscourts.vaed.53...
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There was nothing to nail down here. The Copyright Office rejected the registration. The Review Board affirmed. The trial court affirmed. Three appeals court judges affirmed. No dissenting opinion.
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The manpage explains what the command does. How and why it's used is up to the user.
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This whole case has been a dumb waste of time for anyone but scurrilous headline writers.
The plaintiff insisted on filling out the copyright app with their "creation" in the author field. Every legal opinion since has had to start assuming that's true, making "no copyright for you" legally obvious. The plaintiff apparently tried to walk that back on appeal, to argue he authored the work using the software. There's a paragraph right near the beginning where the court points out it simply doesn't consider that argument, since it wasn't brought up to the Copyright Office, back when the plaintiff was insisting on the opposite.
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I found this unsupported assertion surprising.
I haven't watched many legal dramas, but my secondhand impression of both TV and film is that they tend to make the US legal system seem a lot more dramatic, and a lot less procedural, than it really is.
Professors and visiting lawyers explicitly acknowledge narrative building as a skill throughout my time in law school.
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Who would promise perpetual maintenance for nothing? What organization would sign up to be the only one that can't change terms for improvements?
I don't think "social contract" makes sense here. There's no sovereign power involved. In the sense used, "social contract" essentially means "not in the contract"---as in not in the terms. It's a back door for saying things that were never put down ought to be treated like they were in the license file, just because one side really wants them and doesn't want to DIY or pay for them.
If there are disappointed expectations, that's another thing. But being even very disappointed, and being able to find other like-minded people who would prefer no disruption and new freebies forever, doesn't make unfounded expectations enforceable, nor should it.
I'd be extremely careful speaking of any singular "community". And of assuming that everyone in it expected Redis or another similar project to work just like Linux or other exceptional projects. Most devs dealing with open source have a project relicense---among many others than simply grind to a halt---at some point in their career. For some devs, Redis may have been the first. Others "adopted" Redis knowing the risk and accepting it.
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Strange things happen to American writers who read lots of Russian novels translated by Brits.
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I marked this story to follow up on when it broke, because it interested me.
I'm no Musk fan, but I did find his telling of this story credible: Starlink was initially disabled in Crimea due to sanctions, the Ukrainian uncrewed surface vehicle team assumed coverage would be available all the way to their target, and Musk declined to extend coverage when they asked at the last minute, in the context of a specific, planned military operation. I happen to be a lawyer familiar with those sanctions---and how businesses tend to address them---but you could cross-reference stories about GitHub and others freezing accounts of people logging in from Crimean IPs for a sense.
Either way, I'd be careful with words here. I don't recall any reports of Starlink being shut down for Ukraine or Ukrainian forces overall. There was another news arc some time before about Musk insisting the government pick up the tab for continued service. But as far as I know that never resulted in any major service disruption. I vaguely recall it's now on Department of Defense contract, but you'd want to check that.
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The question is whether any particular argument's strong or weak. That's a matter of evidence and reasoning.