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Isn't that when nerds started wearing the DVD CSS code t-shirts because source code is ok but binaries would be illegal due to DMCA.
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Feb 19, 2016 21:50
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As the court noted: the scope of protection for speech generally depends on whether the restriction is imposed because of the content of the speech. Content-based restrictions are permissible only if they serve compelling state interests and do so by the least restrictive means available. A content-neutral restriction is permissible if it serves a substantial governmental interest, the interest is unrelated to the suppression of free expression, and the regulation is narrowly tailored, which in this context requires that the means chosen do not burden substantially more speech than is necessary to further the government’s legitimate interests.” {FN194: 273 F.3d at 450, 60 USPQ2d at 1966 (citations omitted)} In the case before the Second Circuit, the operator of a Web site had posted a copy of a program called DeCSS that circumvented the Content Scrambling System (CSS) used to protect movies on a DVD: The initial issue is whether the posting prohibition is content-neutral, since, as we have explained, this classification determines the applicable constitutional standard. The Appellants contend that the anti-trafficking provisions of the DMCA and their application by means of the posting prohibition of the injunction are content-based. They argue that the provisions “specifically target . . . scientific expression based on the particular topic addressed by that expression – namely, techniques for circumventing CSS.” We disagree. The Appellants’ argument fails to recognize that the target of the posting provisions of the injunction –DeCSS – has both a nonspeech and a speech component, and that the DMCA, as applied to the Appellants, and the posting prohibition of the injunction target only the nonspeech component. Neither the DMCA nor the posting prohibition is concerned with whatever capacity DeCSS might have for conveying information to a human being, and that capacity, as previously explained, is what arguably creates a speech component of the decryption code. The DMCA and the posting prohibition are applied to DeCSS solely because of its capacity to instruct a computer to decrypt CSS. That functional capability is not speech within the meaning of the First Amendment. The Government seeks to justify both the application of the DMCA and the posting prohibition to the Appellants solely on the basis of the functional capability of DeCSS to instruct a computer to decrypt CSS, i.e.,“without reference to the content of the regulated speech.” This type of regulation is therefore content-neutral, just as would be a restriction on trafficking in skeleton keys identified because of their capacity to unlock jail cells, even though some of the keys happened to bear a slogan or other legend that qualified as a speech component.
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Feb 19, 2016 21:51
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is this is covered under DMCA it makes it even worse, which is might be
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Feb 19, 2016 21:53
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MrMoo posted:Isn't that when nerds started wearing the DVD CSS code t-shirts because source code is ok but binaries would be illegal due to DMCA. yes, and it's why the only compiled binaries for software that implemented it were available from servers outside of the states. it was the dumbest bullshit at the time, because american made programs that would otherwise implement the library had to point to external sites that had compiled the binary and hosted it outside the states to avoid violating the dmca.
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Feb 19, 2016 21:55
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from reading that DMCA thing it doesnt seem to say that code isn't speech Neither the DMCA nor the posting prohibition is concerned with whatever capacity DeCSS might have for conveying information to a human being, and that capacity, as previously explained, is what arguably creates a speech component of the decryption code. The DMCA and the posting prohibition are applied to DeCSS solely because of its capacity to instruct a computer to decrypt CSS. That functional capability is not speech within the meaning of the First Amendment. The Government seeks to justify both the application of the DMCA and the posting prohibition to the Appellants solely on the basis of the functional capability of DeCSS to instruct a computer to decrypt CSS, i.e.,“without reference to the content of the regulated speech.” This type of regulation is therefore content-neutral, just as would be a restriction on trafficking in skeleton keys identified because of their capacity to unlock jail cells, even though some of the keys happened to bear a slogan or other legend that qualified as a speech component.
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Feb 19, 2016 21:58
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its not always speech, but even when it is that doesn't meant the government cant ban the speech or compel speech.
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Feb 19, 2016 22:00
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dunno i think they've got a pretty good case against that very thing also post all the case related poo poo in the dedicated thread
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Feb 19, 2016 22:05
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infernal machines posted:if code is speech, how to crypto export restrictions work? Human readable code is speech, complied code isn't. They would literally print out the pgp source code and mail it to Canada to scan it back in iirc
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Feb 19, 2016 23:15
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boycott appl 
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Feb 19, 2016 23:25
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maniacdevnull posted:Human readable code is speech, complied code isn't. They would literally print out the pgp source code and mail it to Canada to scan it back in iirc yeah a case was brought against the guy who coded PGP because of export of encryption (lmao) and his way around it was an OCR scannable book. lmao
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Feb 19, 2016 23:33
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maniacdevnull posted:Human readable code is speech, complied code isn't. They would literally print out the pgp source code and mail it to Canada to scan it back in iirc This bullshit is the reason it's A-OK to distribute the source code to an mpeg-4 decoder, but distributing binaries means paying a licensing fee to MPEG-LA because then you're distributing an invention.
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Feb 20, 2016 00:09
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http://thehardtimes.net/2016/02/19/boyfriend-in-fbi-wants-to-try-backdoor-just-once/
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Feb 20, 2016 02:02
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lol
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Feb 20, 2016 02:20
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Feb 20, 2016 02:28
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theultimo posted:boycott appl trump is right we need a new ceo who will make apple great again (i actually on team freedom here and agree with tim but i wanted to make the joke)
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Feb 20, 2016 04:09
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the balance of the public evidence points to the FBI using this case to set precedent and make tools more widely available rather than due to any pressing need to discover information on the phone "let's give the american police more power, that'll work out great" - a thing no one should ever think
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Feb 20, 2016 04:24
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gently caress the police my dad was a cop so my mum literally did
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Feb 20, 2016 05:13
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whats that? government employe has hosed up everything you say?
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Feb 20, 2016 05:18
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maniacdevnull posted:whats that? government employe has hosed up everything you say? and this is why at the dept of vet affairs we don't give user access to that. govt issued pin code changing periodically
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Feb 20, 2016 05:21
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it's not really relevant but its a nice little diversionary tactic by apple that puts law enforcement on the backfoot for a few days. this is a public campaign and being factual and technically accurate isn't important, it's telling the best story you get nice headlines like this 
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Feb 20, 2016 05:23
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it's nice to see cremnob admit that apple under tim's leadership is generally dishonest in its dealings
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Feb 20, 2016 05:47
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MrMoo posted:Isn't that when nerds started wearing the DVD CSS code t-shirts because source code is ok but binaries would be illegal due to DMCA. lol yeah
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Feb 20, 2016 05:54
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Stymie posted:it's nice to see cremnob admit that apple under tim's leadership is generally dishonest in its dealings as opposed to steve trying to suppress wages through collusion?
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Feb 20, 2016 06:45
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infernal machines posted:as opposed to steve trying to suppress wages through collusion? steve was honest in his distaste for tech workers and he was correct
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Feb 20, 2016 06:48
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Stymie posted:steve was honest in his distaste for tech workers and he was correct well, yes. but not exactly forthright in his dealings
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Feb 20, 2016 06:49
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also that bit about refusing to acknowledge his own child for fear of responsibility
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Feb 20, 2016 06:50
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infernal machines posted:well, yes. but not exactly forthright in his dealings perhaps but at least he was never dishonest about the product
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Feb 20, 2016 06:50
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a cunning business man who managed not to sacrifice his ideals for political expediency
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Feb 20, 2016 06:53
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infernal machines posted:also that bit about refusing to acknowledge his own child for fear of responsibility maybe he was afraid of holding her wrong
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Feb 20, 2016 06:59
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Bobby Digital posted:maybe he was afraid of holding her wrong after the failure of the apple lisa, he knew the score
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Feb 20, 2016 07:02
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stymie would be an excellent (opposition) politician
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Feb 20, 2016 08:21
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Stymie posted:steve was honest in his distaste for tech workers and he was correct stebe was right all tech workers should hang http://www.sfgate.com/news/article/S-F-tech-worker-Homeless-riff-raff-ruining-6837917.php
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Feb 20, 2016 12:55
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Necc0 posted:lol yeah nope this is when disney paid sonny bono to extend copyright even further
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Feb 20, 2016 17:50
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retailers around me keep having these amazing sales on iphones 5ses and its really hard not to buy them cant wait for march 15th
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Feb 20, 2016 21:01
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poty posted:retailers around me keep having these amazing sales on iphones 5ses and its really hard not to buy them you can get a 16 gb 5s from cricket right now for $199.00 unlocked. They require you activate some service so that's an extra $40-50 but $250 for a 5s is a loving steal
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Feb 20, 2016 21:03
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killer fuckin' deal. i need to get my 5s back from my friend actually
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Feb 20, 2016 21:55
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here in NZ we literally have to sign a waiver saying that if Tim needs a new liver he is free to use whomevers he wants
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Feb 20, 2016 23:26
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echinopsis posted:here in NZ we literally have to sign a waiver saying that if Tim needs a new liver he is free to use whomevers he wants that's because the AUS ones are already damaged beyond repair
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Feb 21, 2016 05:49
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echinopsis posted:here in NZ we literally have to sign a waiver saying that if Tim needs a new liver he is free to use whomevers he wants will they give an Apple Store in exchange for that
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Feb 21, 2016 09:27
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hey iPad pro users use this to watch youtube in a PIP window: http://ctrlq.org/youtube/pip/
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Feb 21, 2016 15:26
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