Music companies apparently still hate consumers

(via BoingBoing)

A new CD from EMI in Brazil comes with DRM that cannot be uninstalled, must be agreed to even though not written in the local language (Portugeuse), and installs even if you decline the potentially unreadable agreement.  Apparently, the DRM also prevents playing the CD on Linux and MacOS systems or an iPod (although I’m not sure how this is accomplished).

One user’s experience follows:

When you insert the CD in your computer, it automatically opens a window with the “License Agreement” of the CD. This is a very large contract in Portuguese, but it is very difficult to read. The agreement is opened in window programmed in flash, so it is impossible to cut and paste the text into another program. In some computers, when you try to scroll down the contract using the arrows, the text slides completely out of control, making it impossible to read.

After taking some time to read the agreement, the first thing that called my attention is that the text says that a full copy of the contract is available at the address “www.emimusic.info/”. That is NOT TRUE. If you go to the “Brazil” link at the page, there is no copy of the agreement whatsoever at the website, contrary to what the agreement itself expressly says.

The text of the agreement says that the CD will install software in your computer in order to make the cd playable. However, it says that the user must acknowledge the fact that “certain files and folders might remain in your computer even after the user removes the digital content, the software and/or the player”.

Additionally, it says the following: “This contract has been originally drafted in English. The user waives any and all rights that he or she might have under the laws of his or her own country or province, in regard of this contract drafted in any other language”.

Finally, my favorite part. There are two buttons below the agreement. The first reads “Accept the Agreement” the second reads “Reject it”. After reading all the above, I decided to reject it, and pressed the “reject” button. Immediately a screen with the word “Initializing” appeared, the proprietary software was installed, and the music started to play in my computer using the proprietary EMI player, as if I had “accepted” the whole thing.

[tags]DRM, Consumer rights[/tags]

Before he disagreed with French gov’t, Jobs suggested the same

(via BoingBoing)

Recently the French government, in an unusually intelligent display of government doing the right thing, proposed a law which would require all companies which restrict music portability to license their DRM technologies to any company that wants to build a music player.  In response to this, Apple, via Steve Jobs, has criticised the French government, saying this would result in customers filling their iPods with “pirate” music and videos.  Of course, Apple does not want to license their DRM, as that would make it possible for other companies to get iTunes protected tunes to play on non-iPod devices.  The funny thing is, in 2002 Steve Jobs said consumers needed the right to play any licensed music on whatever device they chose.

Apple CEO Steve Jobs offered a critical view of the recording industry in an interview, following Apple’s acceptance of a technical Grammy award from the National Academy of Recording Arts and Sciences last week. As reported by Don Clark of The Wall Street Journal, Jobs suggested that recording labels need to make it easier for consumers to use their own music however they want.

“If you legally acquire music, you need to have the right to manage it on all other devices that you own,” said Jobs.

So back when iTunes/iPod technologies were starting and not the dominant force, Apple was a consumer advocate saying music legally acquired should be playable on the device of the customers’ choosing.  Now, music should be restricted to the device permitted by the music download provider?   Hmmmmm.
[tags]Apple, Steve Jobs, DRM[/tags]

Marvel/DC try to trademark “Superhero”, LA Times says “Bad company”

(via BoingBoing)

Marvel and DC comics have tried to jointly trademark the term “Superhero.”  Given that this term is used all over the place, and not unique to Marvel and DC comics, this would be a bad trademark, if granted.  This is a generic term, and not something that any company or companies should be granted trademark protection on.  This week, the LA Times ran an editorial chastizing these companies and the science museum which is involved in this.

In trademark law, the more unusual a term, the more it qualifies for protection. We would have no quarrel with Marvel and DC had they called their superheroes “actosapiens,” then trademarked that. But purely generic terms aren’t entitled to protection, at least in theory. The reason is simple: Trademarks restrict speech, and to put widely used terms under private control is an assault on our language.

Once a trademark is granted, it remains in effect until someone proves to the feds that the term has lost its association with a specific brand, as happened with “cellophane” and “linoleum.” That’s why Johnson & Johnson sells “Band-Aid brand adhesive bandages,” not simply Band-Aids(TM).

[tags]Trademarks, Marvel comics, DC comics[/tags]

State Senator asked to uphold Constitution, not Bible

(via Snopes)

I just found this whole exchange a bit funny. In an attempt to impose their moral views on others, it seems some in politics are forgetting what they are supposed to be doing. Putting aside my personal opinion on the subject of same-gender marriages, I do expect that a right to marry will eventually be legally guaranteed for same-gender couples. If this indeed is the case, exchanges like the following between Nancy Jacobs, a state senator, and James Raskin, a professor of constitutional law, will eventually be looked back on with a bit of a chuckle, I’m guessing.

“As I read Biblical principles, marriage was intended, ordained and started by God — that is my belief,” [Jacobs] said. “For me, this is an issue solely based on religious principals.”

Raskin shot back that the Bible was also used to uphold now-outlawed statutes banning interracial marriage, and that the constitution should instead be lawmakers’ guiding principle.

“People place their hand on the Bible and swear to uphold the Constitution; they don’t put their hand on the Constitution and swear to uphold the Bible,” he said.

Some in the room applauded, which led committee chairman Sen. Brian E. Frosh, a Democrat from Montgomery County, to call for order. “This isn’t a football game,” he said.

Read the whole article at Snopes for details on what set this off. Below is the start of the story, though, to at least show why this conversation occurred.

In February 2006, Baltimore Circuit Court Judge M. Brooke Murdock ruled that a Maryland state law banning same-sex marriages was unconstitutional. In response to that decision, state lawmakers opposed to same-sex marriage introduced a resolution to impeach Judge Murdock (a move which was defeated in the Judiciary Committee) and a bill calling for the amendment of Maryland’s constitution to prohibit all same-sex marriages. Although the bill failed to garner sufficient support for passage, it was reintroduced in a version that would define marriage as a union between a man and a women only but would still allow for civil unions. The latter bill was being debated by a Senate committee on 1 March 2006, when, according to the Baltimore Sun, “Clergy, constitutional law experts and children of gay parents were among those who packed the Senate Judicial Proceedings Committee room to speak out on the issue.”

[tags]Snopes, same-gender marriage[/tags]

MAKE blog link dump

As I’ve done before, I’ve gotten behind on reading and posting all kinds of interesting content out there. In an effort to catch up, I’m making a large link-dump style posting instead of putting each of these in their own article. The following links/stories are all from recent MAKEzine blog posts.

  • Run an NES emulator on your XBox 360 via MCE.Xexter in the Maxconsole forums figured out how to run a NES emulator on an Xbox 360 using a Media Center, no sound – but the games run at full speed, nice! – “Found a way to add a menu for the roms list so you will have to edit the nes.htm and change to whatever Nes rom you want to play. I’ve included a Public Domain rom for testing but have verified Zelda1-2, Excitebike, and TecmoBowl and all worked.”
  • Learn HOW-TO use an oscilliscope“An oscilloscope is easily the most useful instrument available for testing circuits because it allows you to see the signals at different points in the circuit. The best way of investigating an electronic system is to monitor signals at the input and output of each system block, checking that each block is operating as expected and is correctly linked to the next. With a little practice, you will be able to find and correct faults quickly and accurately.”
  • Stop-motion video via LEGO bricksCalazon Enterprises made a fun stop motion LEGO movie, with an unhappy ending for a frog. When will the frog abuse craze end?
  • LEGO soccer arenaAs stated on the MAKE blog: “What you’re looking at isn’t an arena filled with thousands of people, it’s an insanely detailed arena, made out of LEGO.”lego-arena2.jpg

    lego-arena1.jpg

  • Another LEGO PCThis is not unique. But at the same time, LEGO PCs are not very common. Being in to case mods, I always enjoy seeing these.

    legopc-1.jpg

  • How hearing aids are made
  • Make your own projector
  • Build your own generator“The key to this design is that it will require a horizontal shaft motor, which can be found on old drum style lawnmowers, roto-tillers, and lawn edgers. The most common motor size you will find on the used market will be a 3 or 3.5 horse power model. Larger motors are harder to find because most of them are snapped up for building go-carts or mini bikes. “
  • Build a plexiglass PC casePlexi-PC1.jpg

[tags]MAKEzine, MAKE blog, DIY projects[/tags]

Build your own laser listening device

(via Hack-a-day)

Have you ever wanted to build your own laser listening device so you could act like one of those cool S000per sekrit! spies?  Well, here’s your guide.  The audio isn’t really that good, but it’s a start.  Get one built, and improve it.  Also, the original guide used to put together this laser device can be found at this DynDNS site.

[tags]Laser listening, eavesdropping[/tags]

“Intellectual property”‘s worst excesses

(via BoingBoing)

Mother Jones, a left-wing magazine, has published a Harpers-Index-style guide to copyright’s worst excesses; it’s notable that this week both they and their ideological opponents at the libertarian Cato Institute have both published material supporting the copyfight. It’s truly a nonpartisan fight:

  • A DAY AFTER Senator Orrin Hatch said “destroying their machines” might be the only way to stop illegal downloaders, unlicensed software was discovered on his website.
  • BILL GATES had the 11-million-image Bettmann Archive buried 220 feet underground. Archivists can access only the 2% that was first digitized.
  • AMONG THE 16,000 people thus far sued for sharing music files was a 65-year-old woman who, though she didn’t own downloading software, was accused of sharing 2,000 songs, including Trick Daddy’s “I’m a Thug.” She was sued for up to $150,000 per song.
  • MICROSOFT UK held a contest for the best film on “intellectual property theft”; finalists had to sign away “all intellectual property rights” on “terms acceptable to Microsoft.”

By the way, I ripped this entirely from BoingBoing. None of that is my writing. I don’t want anyone to think I’m pretending this is my work. But I couldn’t do a better job writing it up. I’ll get back up to serious posting in the next couple of days. I’ve been too busy to keep up to date the past couple of days.

[tags]IP, Intellectual Property[/tags]

Can facts be patented?

(via The Consumerist)
I did not know this.  Apparently Metabolite has a patent on the fact “The level of an amino acid called homocysteine is measured in a patient’s blood or urine and, if elevated, it can be correlated with a deficiency of folic acid, or B12.”  And there is a lawsuit against the company Laboratory Testing Company for violating this patent.  Also, supposedly I’ve broken the law by quoting that fact.
The Supreme Court has to decide the following question:

if a doctor looks at a patient’s test results and even thinks that sentence, has he broken the law?

I don’t have much faith in our courts to make a good decision here, but we’ll see.

[tags]Patents, Metabolite[/tags]

One key gaming

Reading the latest issue of PCGamer, I was reminded of an experiment initiated with the intention of giving more people with physical handicaps and disabilities the option to play games. The end result of this experiment is a set of games which are playable with only a single key. As surprising as this might sound to some gamers, these are some good games, and they can be surprisingly challenging and engaging. If you want to try some of these out, start with these listed in the April 2006 issue of PCGamer.

  1. Oneswitch Ballz – Simply enough, you just have to control a ball travelling a path. The spacebar makes the ball jump. The challenge comes in when you start hitting floor tiles that change your direction, speed, and even the height of your jump.
  2. Mini-Golf One Button Style – As the name implies, this is mini-golf played with a single key. As with any other mini-golf game, you just need to try to sink the putt. In this game, though, you only have one key to press to set the direction of travel and the force of the hit. This is actually the first game in the one-button set of games that I ever heard about.
  3. 1Key Case Ship – You control a space ship travelling in this side-scrolling cave traversal game. Pressing your key makes the ship go up. Releasing it stops the upward force until gravity pulls the ship back down. It sounds easy, but it can be very tough to avoid crashing.
  4. Strange Attractors – You turn your “gravity drive” on and off with a key-press. When it is on, you are pulled towards celestial objects. When it is off, you free-float along the trajectory gained from gravity. Your goal is the exit gate on the other side of the screen.
  5. Shades of Doom – Described in PCGamer as a non-graphical first-person shooter, in Shades of Doom you are blind. Try this out and see how well you do when you have to rely on sounds.

EDIT: I forgot to mention in the original post, but if you enjoy these and want to see more one-key games, hit the OneSwitch site.
[tags]One-key gaming, games[/tags]

Judge makes nonsense decision, supreme court won’t reconsider

(via BoingBoing)

The obscenity section of the Communications Decency Act (hereafter CDA) bans publishing “obscene” material on the net. Unfortunately, according to this wonderfully moronic act, “obscene” is determined by “local standards” in the courts. That means someone hosting porn in California can be sued by someone living in Puritinicaville, FL (actual name – Ave Maria, FL) for hosting obscene material. For those that haven’t heard of this Internet thing, it turns out it is world wide. But any potentially obscene material hosted online and originating in the US now gets judged by the most conservative , puritanical communities rather than by the site of origin or at a nationally set guidance level. Any material online is obscene if any community declares it obscene.

Furthermore, the Supreme Court has declined to overturn this decision by lower courts. The site where I first saw this story, BoingBoing, has links to a social network style site named SuicideGirls (not safe for work). Under the CDA, a lot of what shows up on SuicideGirls would be considered obscene to some people. Now, thanks to the CDA and the Supreme Court’s unwillingness to overturn the lower courts’ decisions, a site like SuicideGirls could go off the air so to speak. Or at least outside the country.

I’m not suggesting that anyone, anywhere on the Internet should be able to post anything they want. But restricting all content to the most prudish members of our society might be worse than letting the most depraved determine what is acceptable. If we as a nation are going to put limits on Internet content, it needs to be restricted according to some defined national levels. As bad as our government is about determining things like this, I still think those at the federal level could do a better job setting a baseline standard than we will do letting any community decide.

Of course, better yet is getting rid of the CDA, but that’s not likely to happen in the heavily conservative court we now have.

[tags]CDA, Communications Decency Act[/tags]

C’mon, you conspiracy theorists, you know you want some!

(via Tingilinde)

Are you looking for that fashionable tin-foil cap or a cleverely disguised EMF-guarding camisole (because even when you want to look nice, you want to be protected from all that bad EMF!)? Maybe you just want a faraday cage screen so you’ll sleep better at night? Well, folks, worry no more. Now you can find these, and more, at LessEMF.com.

emf-glove.JPG What we have here is an emf-apron.JPGEMF-shielded glove, sure to protect your hands from all those nasty emissions your computer puts out. If that style doesn’t suite you, maybe you need one of these handy EMF aprons instead. Of course, you could suit up in both, throw on a EMF shielded baseball cap, and you’ll be styling AND safe from those bad, pesky, scary rays that are flying around us every moment. Oooooooh! Just head on over there and pick up all your clothes. And be safe to use your computer and cell phone again!
[tags]EMF Shielding, sarcasm[/tags]