Honored – “Real Rewards for Digital [Gaming] Achievements”

If you’re a gamer like me, you’re proud of your achievements. You’ve probably spent hours upon hours leveling up, training, collecting, and fighting to get your achievements. These achievements are saved onto your consoles & gaming networks, but what happens when you upgrade? What if you want to show off your achievements from multiple networks?

This is where Honored comes in. Honored allows you collect data across various platforms such as Xbox Live, Playstation Network, Steam, etc and share them all in one location.

Based on gaming achievements, you will be rewarded badges, which can then be purchased for real swag.

Ok, and let’s be honest, these awesome badges look like Pokemon badges.



 

 

 

 

Take a look at the campaign video below.



Click here to contribute via Indiegogo. (You’ll even get perks like being one of the first beta testers, swag, and badges!)



 

 

Let’s make this happen, please?

As of Monday, November 18, Honored has received $3,534 out of their $25,000 goal with 20 days remaining.

'Tube-y Thursdays (Belated): Happy Halloween!

Happy (belated) Halloween! 

Yes, the video isn't related to tech, but you have to admit that this is pretty amazing. Can you imagine how difficult it must have been to record this?

Anyways, enjoy! :)

Silly Wild Games Studio, Trying to Censor the Internet

via @TheDailyDot.

What happens when a video game studio attempts to take down TotalBiscuit, a popular video game critic's, Youtube video? The Internet takes up arms against the studio, of course.

According to The Daily Dot, Wild Games Studio, creator of Day One: Garry's Incident, claimed that the reason why they filed to take down TotalBiscuit's video was because "Total Biscuit has no right to make advertising revenues with our license."

I don't know about you, but this sounds like crap! Fair Use, anyone? Section 17 U.S.C. 107,  contains a list of various purposes for which the reproduction of a particular work may be considered fair, such as CRITICISM, COMMENT, news reporting...." TotalBiscuit's video would probably be classified as criticism, and even may fall into the comment category.

According to Kotaku, Wild Games, has since, withdrawn its complaint from Youtube.

Here is TotalBiscuit's original video:



And for those of you who are curious about Wild Games Studio's "Day One: Garry's Incident":

Alec Baldwin Could Have Been in GTA V!

via @Gamespot.

For those of you who do not know what GTA V, or Grand Theft Auto Five, is, it Take-Two's wildly successful video game that was recently released. This game was the first entertainment to reach sales of a billion dollars within three days!

According to Gamespot, who reported it from IndieWire, Baldwin stated in his character would have been a cop-killer and "And I turned them down because [the character] was a cop killer... And I didn't want to get near that [because] of my reputation; I have enough problems with the press as it is. I said no." I think it's pretty interesting that Baldwin believes in the power and reach of this video game- enough to believe that the game would affect his reputation.

I wonder if Baldwin is having regrets based on the explosive success of this game now, with what could have been a lucrative contract with possibly royalties. Baldwin could have joined the ranks of celebrities such as Samuel Jackson.

Do you think he missed out?

Square Enix Files for Trademark in Japan

via @ Siliconera.

Square Enix, the parent company of the wildly successful final fantasy franchise has filed for a trademark "ロスとクルセイド(rosuto kuruseido)," or "Lost Crusade."

Wonder what it will be, some are speculating that Lost Crusade may be a mobile game.

More news to come!

Kingdom Hearts 2.5 Remix out 2014

Kingdom Hearts 2.5 has been unveiled by Square Enix due in 2014 for PS3.

This game will include Kingdom Hearts II, Birth by Sleep, and Kingdom Hearts Re: Coded (cinema only).

Who would want to take on Floyd Mayweather Jr.?

Apparently Dash does. Who is Dash? Dash is a composer that composed a piece called "Tony Gunz Beat" (TGB), allegedly in 2005. In 2008, Mayweather's manager provided Mayweather with a CD containing a song called "Yep." Mayweather was informed that Mayweather owned all the rights to the song, however Dash claimed that "Yep" combined lyrics from his music, TGB.

While Dash claimed he created TGB in 2005, he did not file a copyright application until 2009.

The district court held that Dash was not entitled to claim profit damages or actual damages because there was no evidence establishing the connection between the alleged infringement and the claimed revenues. In order to recover actual damages, Dash must demonstrate an actual value to Dash's TGB. In addition, Mayweather's attorney was able to prove that Dash could not claim profit damages because TGB was not making any profit, it was not even claimed on his tax returns!

What do you think of the claim? I can't seem to find Dash's TGB song, but here is Mayweather's. 

 

When your "likeness" is used in a video game

[caption id="attachment_363" align="aligncenter" width="300"] "Ellie" from The Last of Us (left), Ellen Page (center), Ashley Johnson (right)[/caption]

via @Forbes, @Kotaku, and @GameInformer.

When I first stumbled across the game, "The Last of Us" I was surprised at how familiar the character "Ellie" was. That's when I realized that Ellie looked a lot like Ellen Page.

What makes this an even more weird scenario is the fact that Page is the star of Quantic Dream's "Beyond two Souls."

Page was asked about her likeness to Ellie on Reddit's "Ask Me Anything" session in which a fan asked "Have you seen any footage of 'The Last of Us' and would you have taken the role as Ellie if approached?" and in which she responded "I guess I should be flattered that they ripped off my likeness, but I am actually acting in a video game called Beyond Two Souls, so it was not appreciated." Talk about awkward!

Naughty Dog's creative director Neil Druckmann, responded to such speculation by merely pointing out that Ellie was not played by Page, but by an Actress named Ashley Johnson.

While starMedia, reports that Ellen page was suing Naughty Dog for using her image in the video game, I could not find any evidence of the lawsuit.

This is definitely an interesting scenario. Can celebrities sue video game companies for using their image? What would it take for the suit to succeed?

Curious, indeed.

Will the Success of Video Games End the Box Office?

via @Bloomberg.

With the recent explosive success of Grand Theft Auto V, which took in over $1 billion easily within the first week, many may be wondering if the success of the video game industry equates to the death of Hollywood. I mean, logically speaking, if the video game industry is taking a bigger profit from consumers, this extra money must be taken from a different industry, right?

Video games are no longer associated with the middle-aged person playing in their parents' garage. In fact, playing video games may now be the "cool" thing to do! While this is an interesting development, I personally do not think video games will be replacing the movie industry, even though it has become a pretty common occurrence to see users merge all the cutscenes to a video game as a "movie" and upload it to youtube.

I personally am guilty of watching cutscenes as movies because sometimes I just want to see how the story of the video game plays out, without spending hours and hours and hours playing the video game... (plus, I'm pretty terrible at first-person shooter games...).

It will be interesting to see how these two industries are affected, whether the increase in profits for the video game industry will lead to a decrease in profits for the movie industry.

re: "Multimillion Dollar Shakedown"

I recently read this pretty scathing article about how Google (and other companies) hide behind the Safe Harbor Provision of the DMCA and the resulting effects on artists (here).

There are more than 60 trillion addresses on the web. Google is a huge company and it is likely very difficult to monitor every single advertising account that it has. In addition, Google recently released a document stating how it plans to fight against piracy.



 

In fact, I've already noticed that many searches to pirate sites have been taken down in compliance with the DMCA.

While the author of the Multimillion Dollar Shakedown points out that Google profits from the piracy sites even when the site is removed, Google does not charge copyright owners for removing the infringing material, and Google has, on average, improved the removal process and typically processes the notices in less than six hours.

What we should keep in mind is that Google is mostly a directory, that points people to what they want to find and they are good at it. With more than 60 trillion websites (and counting!) it is a daunting task to enforce these copyrights.

Perhaps artists and copyright owners should consider developing software to combat these copyright pirates, rather than blaming Google for being good at what they do.

Just my opinion and some food for your thoughts.

BitTorrent 2.0

via @Gizmodo.

Have you seen these signs around town?

 

If so, you probably live in either New York, San Francisco, or Los Angeles. These seemingly depressing billboards are a marketing tool for BitTorrent who recently made corrections.

Contrary to public belief, Torrenting is just a way to send data, which is not illegal. In fact, BitTorrent has been hard at work, working to prove that BitTorrent is not illegal and does not automatically mean piracy, by creating BitTorrent Bundles, which is a "media store by the people, for the people" where you can direct access to content from artists. 

The signs are a great marketing tool, especially since having these signs out in public may help people understand that BitTorrent is not illegal. 

* Images from here. 

The Brits Are Coming! (To Crack Down on Piracy!)

via @MPAA.

Britain's House of Commons (HoC), the Culture, Media, and Sport Committeee, released a report titled "Supporting the Creative Economy" urging the government to protect and enforce intellectual property rights. In this report, HoC argues that stronger enforcement of copyrights will help the creative economy grow.

There are several key points that stand out to me:

(1) In this report to protect Copyright, HoC strongly criticizes Google and other technology companies for their lack of response to prevent its search engine from directing users to copyright-infringing websites. In addition, HoC recommends that the maximum penalty for serious online copyright theft be extended to ten years' imprisonment.

(2) In order to discourage piracy, HoC recommends the Government to implement an Online Copyright Infringement Code that will be implemented faster than the Government plans to do so. This can be achieved by targeting information letters to the worst infringers to set an example.

Are these consequences too serious? While it is understandable that HoC would become frustrated with the amount of piracy that goes on, coupled with the lagging economy, the consequences appear more serious than deserved. A factor that is extremely worrying is the fact that there is no definition for "the worst infringers" and this could essentially encompass large-scale infringers to a user that simply downloads lots of movies, thereby also infringing.

While the idea set forth by the HoC sounds promising, it would be better for the HoC to define their terms, in addition to lowering the punishment. Understandably the strict punishment is used to deter users, but in the light of all things considered, ten years is probably too long a sentence for copyright infringement for just an average user.

Copyright Pirates

In United States v. Chow Lieh Liu,

The court held that in order to criminally charge an individual for criminal copyright infringement and trafficking in counterfeit labels, the defendant's guilt must be determined based on whether he acted "willfully" and "knowingly," meaning the defendant had to know the labels were counterfeit.

In the above named case, Liu was the CEO of Super DVD, a DVD-manufacturing company with replication machines. However Super DVD began struggling and lost the replication machines.

Customs Enforcement agents raided the warehouse of Vertex International trading, a software reseller and discovered purchase order documentation from vendors including Super DVD.

Liu admitted that Super DVD manufactured Crouching Tiger but Liu realized that R&E did not have the actual rights so Super DVD pursued legal action.

Liu denied any involvement of replicating other works and that some Latin music was believed to be his uncles'.

Based on the above facts, the court held that Liu did not knowingly replicate counterfeit DVDs and was not criminally liable for copyright infringement.

This case gives me hope for courts because under Liu, innocent Defendants are protected. While this makes a harder case for the prosecution, the prosecution has the burden of proof.

Belated Tube-y Thursday Video: Motorcycle Gang vs. Range Rover

I know this video is NOT technology related, but have you guys seen this crazy video where a Range Rover is getting chased by a Biker Gang?

As of today, 4 bikers have been arrested and there may have been an undercover police officer that did not report the confrontation, and a local man is being hailed as a hero by stepping in between the bikers and the driver of the Range Rover.

Read the story here. 

CONGRATS to the LOS ANGELES DODGERS

A BIG CONGRATULATIONS to the Los Angeles Dodgers who beat the Atlanta Braves 3-1 and are heading to the National League Series which begins this Friday, October 11.

See Uribe's game saver here and the last inning here.

Take-Two files for Trademarks for Codex, Carnate, and Double Take.

via @GameSpot

Take-Two, is a publisher, developer, and distributor of video games. Take-Two owns Rockstar Games, which is the creator of the wildly popular game, Grand Theft Auto, and 2K Games, which is the creator of the 2K Sports titles and numerous other video games such as Borderlands and Bioshock.

The trademarks for Codex, Carnate, and Double Take were filed September 30th and each trademark had applications for downloadable electronic publications and software, physical publications, and entertainment and educational services.

According to the trademark application, electronic publications includes graphic novels, comic books, short stories, books, magazines and periodicals. Downloadable software will be available for accessing, reading, and cataloging electronic publications and gathering data, details, and comments relating to an individual user's collection of electronic publications.

Physical publications will include graphic novels, comic books, posters, trading cards, artwork, short stories, magazines, periodicals, books, and photographs.

Entertainment and educational services will include providing an interactive website featuring news and information about authors, publications, and the publishing industry; on-line journals, blogs featuring news and information about authors, publications, and the publishing industry; publication of graphic novels, comic books, short stories, books, magazines and periodicals; publication of electronic, non-downloadable graphic novels, comic books, short stories, books, magazines and periodicals

Codex's trademark applications can be found here: downloadable electronic publications and software, physical publications, and entertainment and educational services.



Carnate's trademark applications can be found here: downloadable electronic publications and software, physical publications, and entertainment and educational services.



Double Take's trademark applications can be found here: downloadable electronic publications and software, physical publications, and entertainment and educational services.



Wonder what Take-Two is up to. Only time will tell, I guess!

Can Anonymous Wikipedia Editors Be Held Accountable For Their Edits?

While it may be common for people to bring suits against bloggers, what happens if someone attempts to bring a lawsuit against an anonymous Wikipedia editor?

Attorney Susan Burke brought a defamation lawsuit to reveal two anonymous Wikipedia editors that stated that she had been sanctioned by a federal judge. The editors are identified by their usernames Zujua and CapBasics359. Zujua is fighting the subpoena and was responsible for the edit of Burke's Wikipedia page in 2012, and although CapBasics359 is still unknown, Burke's counsel is aware that CapBasics359 was previously logged in at a Starbucks in California.

While Burke states that her primary reason for bringing the suit is to discover who was editing her Wikipedia page with false information, Zujua's attorney, Christopher Hajec from the Center of Individual Rights claims that as a policy reason, revealing anonymous editors will have a "chilling [of] the free speech rights of other Wikipedia editors who will hesitate to edit on matters of public concern for fear of being sued if they make a mistake."

What do you think? Should anonymous Wikipedia editors be responsible for their edits?

Originally seen on ABAJournal here.

Whose Rights Are They Anyways?

What happens to rights when music initially recorded does not have good legal documentation?

In the 1960s, when Bob Marley and the Wailers recorded their music in Jamaica, legal documentation was not as meticulous. Universal Music Group (UMG), used the lack of documentation to prevent Rock River Communications (Rock River) from distributing remixes of the music by threatening to sue Rock River's distributors. In 2006, Rock River entered into a licensing agreement with San Juan Music Group (San Juan) to sample 16 musical recordings by Bob Marley and the Wailers (Marley). Rock River subsequently created remixes and registered copyrights for the remixes. UMG sent a cease-and-desist letter to Rock River to stop releasing the album because UMG claimed they owned exclusive licensing rights. UMG subsequently sent Rock River's business partners the letters requesting them to stop distribution of Rock River's remix.

Rock River brought suit against UMG for wrongfully disrupting Rock River's business. While UMG stated that they believed in good faith that they held exclusive licensing rights due to a previous contract in 2003 with JAD, Rock River discovered evidence that JAD's claim to ownership was tenuous and UMG was aware of the chain of title during the time they signed the 2003 contract and the time they sent the cease-and-desist letters. Additionally there was evidence to show that UMG entered into licensing agreements with San Juan to license tracks to JAD.

The court concluded that because UMG was aware of San Juan's history of open licensing of the recordings, and because UMG and JAD never sued San Juan for license infringement and never initiated a lawsuit, a reasonable jury could conclude that UMG was attempting to enforce its exclusive licensing rights claim through threat of litigation as opposed to actual litigation. So the court overturned UMG's motion for summary judgment.

Source here.

When Birthing Gets Personal...

What happens when two birthing blogs go head to head which leads to a lawsuit? Sounds like a movie premise doesn't it? Well surprisingly, it isn't a movie premise, it's real. Even Judge Stearns from the United States District Court, District of Massachusetts says, "The choice of birthing techniques is not the most obvious subject for a war of polemics. But the wisdom of midwifery triggered a ferocious battle of the blogs culminating in [the following] lawsuit."

In Tuteur v. Crosley-Corcoran, Tuteur, a former physician who is a "scathing critic of home birthing", and Crosley-Corcoran, a doula who believes in "natural birth", get into a spat. Crosley-Corcoran subsequently uploads a photo of herself in a graphic pose which Tuteur copied and posted on her own blog without Crosley-Corocoran's permission. Crosley-Corocoran hired an attorney who sent a cease-and-desist notice by email to Tuteur and also to BlueHost, Tuteur's web server a takedown notice. BlueHost subsequently warned Tuteur to eliminate or disable the infringing material or her site could be suspended. While Tuteur initially took down the photo, she reuploaded it, in which BlueHost told both parties that they were no longer going to take part in the suit. Tuteur subsequently moved to a new server called DaringHost. DaringHost informed Tuteur of the takedown notice that Crosley-Corcoran's attorney sent and Tuteur removed the photo.

Tuteur enlisted the help of her husband and Crosley-Corcoran's attorney offered a truce. Crosley-Corcoran would not pursue further action if Tuteur removed the image and abstained from referencing each other in their blogs. Tuteur refused and counter-sued.

The court found that 17 U.S.C. §512 of the DMCA expressly limits the liability of an ISP so long as the ISP complied with the takedown notice. In addition, the court held that a copyright owner need not exhaust "an alleged infringer's possible defenses prior to acting, only that she affirm a good faith belief that the copyrighted material is being used without her or her agent's permission," so the takedown notice was proper.

Moral of the story: Don't let your spite over a dispute on the internet cloud your judgment in copyrights and should you ever receive a takedown notice, either comply with the notice or tread lightly.

‘Tube-y Thursdays: Ylvis - The Fox

What’s new and awesome on the ‘tube?

This week, I just had to show this video that is neither techie or legal. But it's amusing. I promise! This video had me cracking up every time I watched it.

Techie Talk Tuesdays: An Uber Way to Get a Lyft Around Los Angeles! (belated post)

Oh, Los Angeles... without a car, it’s hard to get around! Don’t have a car? Need a way to get around without having to take the Metro? Going to that Bar Review, and want to squeeze in some extra drinks without the worries of getting pulled over? Tired of taking a cab and having people steal it after a long night? If you answered yes to any of the above questions, check out these two awesome on-demand ride apps.

Uber and Lyft are both apps that can be downloaded to your iPhone or Android phone. No need to pull out your credit card or tipping, as your payment information is stored in your account profile for both apps. Uber has a base fare whereas Lyft uses “donations” as payments. Uber allows you to create an account, whereas Lyft makes you connect to your public Facebook or LinkedIn profile. Both apps allow you to track your driver till they pick you up, and both send text message notifications upon arriving at your location! Upon reaching your destination, you’ll receive a friendly receipt in your inbox!

Uber, the self-proclaimed app that allows everyone to have their own private driver is the quintessential symbol of status in the competitive market of on-demand rides. Want to be picked up in a Lincoln Navigator? A Lincoln Town Car? A Prius or other hybrid car (for those eco-conscious status people)? Uber lets you make the call on your phone. Traveling with your other Uber buddies in the same car? You can split the fare! While Uber may be on the more expensive of the on-demand apps, and if you request a ride during peak times (late nights on the weekends), you may be subjected to a higher fee due to limited demand. Not to worry, you can check out your fare estimate before confirming your pickup within the app! Want to help your buddy who got stranded and lost their wallet? You can request an Uber pickup to their location and save their night from further misery! For you Uber First-Timers, you’ll get $10 off your first ride upon creating an account!

Have you seen cars roaming around town with the pink mustaches?  Behold Lyft, your friendly neighborhood driver. Although you may not ride in a fancy car, you get a mandatory *fistbump* upon pickup! If you want to have a social conversation, Lyft is perfect for giving you the “homie” feeling of riding in your buddy’s car by having you sit in the passenger seat. Lyft allows almost anyone to be a driver (with a vehicle 2000 or newer) and unlike a base fare for a taxi or Uber, your payment is based on “donations” to the driver, although you will still be prompted for a recommended fare for your ride. Lyft will be cheaper than Uber and is supposed to be 20% to 30% cheaper than taking a regular taxi cab. Was your driver awesome? Donate more! Was your ride crummy? Donate less! It’s all up to you!

Skeptical about safety? No problem! California has become the first state to regulate ride-sharing services. California’s Public Utilities Commission (CPUC), created a category for companies that “provide prearranged transportation services for compensation from using an application to connect passengers with drivers using their own personal vehicles.” CPUC’s new category regulates ride-sharing companies such as Uber or Lyft by requiring them to satisfy requirements such as safety and insurance requirements, criminal background checks, complete driver training, and must have liability insurance coverage.

Old School Nostalgia...

(source: here)

Found this on the internet a few weeks back and I own no copyrights to this image, but I just thought this image was so amazing it needed to be shared, especially in memory of Hiroshi Yamauchi.

Rest in peace.

'Tube-y Thursdays: Tesla Battery Swap vs. Audi Gas Refuel

What's new and awesome on the 'tube?

The following is a video of Elon Musk's Tesla battery swap compared to refueling an Audi.



Pretty amazing stuff!

Techie Talk Tuesdays: Google Drive

Google Drive:

Platforms: Mac, PC, Android, iOS

Price: Free(!)

Google drive is a file synchronization, storage, and sharing system. The application can be downloaded for free on your computer, tablet, and phone. Google drive is a great cloud system where you can backup your notes, photos, and music, and access them anywhere, so you don’t need to worry about your notes if your computer is lost or if it breaks.

The Drive application creates a virtual cloud-based “drive,” similar to a folder, with a storage space of 15GB that you sign-in to, using your Google login. Unlike competitors, the “drive” automatically syncs files copied into the folder through Google’s cloud storage system so that the files can be accessed through the web by any computer or mobile device. On your mobile device you can upload files from your phone’s media player and photo gallery to the cloud, access documents you uploaded via your computer, or even create new documents and spreadsheets.  You can also make the files “available offline” which can be convenient in areas without mobile data.

And that’s not all- Google Drive is also home to Google Docs, which allows creation of documents and spreadsheets with real-time editing and collaboration with other users. One caveat – while one may be tempted to substitute a need to purchase document software like Microsoft Office or Apple’s Pages, the limited formatting capabilities make it impractical for formal writing. However, Google Docs are great for group study sessions or outlining with its real time editing ability. Individuals can add and edit a file at the same time while everyone with a link to the document can see the editing. Also, if someone accidently deletes a portion of the document, the documents can easily be restored to a previous version. Once the document is completed, the document can be downloaded as a pdf or a word document to be printed.

Best of all? It’s free.

lovely lucrative lyrics

Who knew lyrics were such a lucrative business?

originally seen on digital music news via Prof. Matsuda

Have you ever used songlyrics.com, musicsonglyrics.com or any other lyrics sites? Did you know most of these sites are unauthorized and are violating copyright laws?

According to Professor David Lowery from the University of Georgia, unauthorized lyrics sites are a "booming business" with a "large percentage profiting from major advertisers".

A major problem is that most fans are unaware that lyrics are protected under copyright law and even if they were aware, they would not know where to access licensed lyric sites.

Do you think music publishers are going to crack down on these sites in the future?

Lists, lists, galore! (brain food)

Happy Monday everyone! I've listed a few sites that I frequent so you can frequent it too! (:

Techie sites (aka: where you go to geek out)

1. techcrunch

2. mashable

3. techland

4. wired

5. engadget

6. electronic frontier foundation

Fun sites (aka: where you go to waste time)

1. buzzfeed

2. thoughtcatalog

3. 9gag

4. stumbleupon

5. pinterest

6. youtube

Entertainment & Legal Websites (aka: what's the latest news in the entertainment world?)

1. hollywood reporter

2. above the law

3. abajournal

4. girl gamer esq.

5. lawlawlandblog

Legal Websites (aka: help! I need the law and legal articles!)

1. westlaw (subscription required)

2. lexisnexis (subscription required)

3. Cornell Law (free!)

4. Law Onecle (free!)

5. Oyez by IIT Kent (free!)

6. google scholar (free!)

7. volokh conspiracy (free!)

sorry there are so many lists!

Data Security & Wireless Payment Systems

How secure are wireless payment systems?

http://techcrunch.com/2013/09/09/paypal-debuts-its-newest-hardware-beacon-a-bluetooth-le-enabled-device-for-hands-free-check-ins-and-payments/

KINGDOM HEARTS HD 1.5 ReMIX Official Launch Event - Sunday 9/8/13

This past Sunday was the Official Launch Event for Kingdom Hearts 1.5 ReMIX that was at the Anaheim Marriott. 

My friend and I arrived at 11:15am even though the event was scheduled for 12pm and the line was long!



But we met some really cool people dressed in awesome costumes! 









I should make a shirt that says, "I waited in line for 5 hours in the sun, and all I got was this stupid poster." Except it's not a stupid poster and it was an interesting experience.

Lesson learned: get to these kind of events E-A-R-L-Y!

"Be curious...

"Be curious. Read widely. Try new things. I think a lot of what people call intelligence just boils down to curiosity."
~Aaron Swartz

"Disruption is ...

"Disruption is like an earthquake. It has no purpose. It has no values. It has no organizing principle. It has no direction. And it has no leadership. I think we have to change the name of this conference. This is not what we want to bring into the world.
What we want to bring into the world, is revolution.

Revolution has values. Revolution has purpose. Revolution has direction. Revolution has leaders. Revolution looks at the intersection ahead and pushes people to do the right thing."
- Jack Dorsey

"Every life is ...

"Every life is a piece of music. Like music we are finite events, unique arrangements. Sometimes harmonious. Sometimes dissonant."
- Hannibal

Kingdom Hearts Axel Commission by Sketchcraft

so this amazing artist Rob Duenas, also known as sketchcraft, drew me this gorgeous picture of Axel from Kingdom Hearts.

To see more of his amazing art, click here. 

Disney Unveils Another Trailer for Kingdom Hearts HD 1.5 ReMIX

http://www.youtube.com/watch?v=6evXfWypM2A&feature=share&list=UUiiRfR-7GZKOkMGjyktxxIA

Intel Corp. v. Hamidi, 1 Cal.Rptr.3d 32 (2003)

Intel Corp. v. Hamidi, 1 Cal.Rptr.3d 32

Under Cal Law, Trespass to chattels does not encompass, e-mail that neither damages the recipient computer system nor impairs its functioning.

Reasoning:

• Such an electronic communication does not constitute an actionable trespass to person property, i.e. the computer system, because it does not interfere with the possessor’s use or possession of, or any other legally protected interest in, the personal property itself. 


• Loss of productivity is not an injury to the company’s interest in its computers, which worked as intended and were unharmed, and do not cause anymore harm than reading an unpleasant message in one’s mailbox.

Here no trespass to chattel because not INTERFERING or INTERMEDDLING with server.

• Different from “spam” because spam overloads computer systems and hurts functionality of company’s email system whereas here, it is about the contents of the messages. 


• POLICY: “Impairment by content” threatens to stretch trespass law

Facts: Hamidi (D) a former employee of Intel Corp. (P), sent unsolicited e-mail messages to Intel (P) employess over the company intranet, criticizing Intel’s (P) employment practices. Caused neither physical damage nor functional disruption to the computers, nor at any time did they deprive Intel of the use of its computers, but the content of the messages caused discussion among employees.

Rules: Under California Law, trespass to chattels does not encompass an electronic communication that neither damages the recipient computer nor impairs its functionality. 

Tort of trespass to chattels defined: allows recovery for interferences with possession of  personal property “not sufficiently important to be classed as conversion, and so to compel the defendant to pay the full value of the thing with which he has interfered.” …Under Cal Law, trespass to chattels “lies where an intentional interference with the possession of personal property has proximately caused some injury either 1) to the chattel, or 2) the plaintiff’s rights in it.”

Under Cal. Law, intangible intrusions on land, including electromagnetic transmission, are not actionable as trespasses unless they cause physical damage to real property, since Hamidi did not physically damage servers, it cannot be considered trespass to land.

Dissent: Intel has spent millions of dollars to maintain and develop computer system. Hamidi used intel’s property to display his message.

More? 

Case Brief:

http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=3&doc_id=710358&doc_no=C033076/

Supreme Court Case Summary: 

Relevance: Common law trespass does not apply to computers absent actual damage.