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  • 45. Re: Finding appropriate block size?
    jgarry Guru
    Currently Being Moderated
    Don Lewis wrote:
    +"If you are commenting upon or critiquing a copyrighted work-- for instance, writing a book review -- fair use principles allow you to reproduce some of the work to achieve your purposes"+
    http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/

    Stanford is not the last word in law, but statute and case law is: http://www.copyright.gov/fls/fl102.html

    Interestingly, something that is taken into consideration is:
    1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.

    It gets a little hairier here: http://www.copyright.gov/title17/92chap5.html#506
    § 506. Criminal offenses
    (a) Criminal Infringement. —

    (1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

    (A) for purposes of commercial advantage or private financial gain;

    Your long-standing, well & truly documented and famously unpleasant ding-dong with Don would, without doubt, spell trouble if Don ever did get off his chair (where he sits "buck naked") and actually bothered to call his brief. I suspect you'd go deathly pale and have an accident if you did find yourself up before the beak. And, if it all went horribly wrong, you could (in this crazy age) end up never being admitted to America again. We know how crackpot they are about legal tangles at border control areas. Some poor folk have been held for hours, without so much as a decent cup of tea, and then sent back home (cargo class, I imagine) for traffic violations, etc.
    Scroll down a bit in that link and discover the time limits on civil and criminal action. Civil is 3 years, so that's already gone. Criminal is 5 years, but good luck trying to make a case there, that's stuff like selling or giving away thousands of entire record albums. Pointing out mistakes in a partial quote is almost certainly fair use. And truth is a complete defense against libel.

    Then there's the clean hands doctrine...

    I'm so glad I'm not a lawyer.

    !http://imgsrv.gocomics.com/dim/?fh=dd54abc0f34165ee3b2f7bf766e2ab13&w=900.0/!
  • 46. Re: Finding appropriate block size?
    601262 Explorer
    Currently Being Moderated
    I'm quite certain that the regression tests use the 8k block much more frequently than the others but I dont know to what extent. Let me see if I can find more info on that.

    Regards,
    Greg Rahn
    http://structureddata.org
  • 47. Re: Finding appropriate block size?
    108476 Journeyer
    Currently Being Moderated
    § 506. Criminal offenses (a) Criminal Infringement. — (1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed — (A) for purposes of commercial advantage or private financial gain;
    This law citation is absolutely correct, when done with an unsavory motive, it is criminal. . . .

    Lewis is a direct business competitor, both in terms of being a competing book author and a consultant.

    There is another crime here too: "tortuous intereference with business relationships":

    http://www.dba-oracle.com/internet_laws_message_boards_forums_blogs_personal_liability.htm

    Many states have laws prohibiting people from publishing statements that unlawfully interfere with a person's right to conduct business.

    It would be like when a competing author reviews another authors book as "poor" without disclosing that they are a competitor ;)

    For example, the North Carolina Supreme Court has held that tortious interference with prospective economic advantage occurs when a party interferes with the freedom of contract and “ not in the legitimate exercise of defendant's own right, but with design to injure the plaintiff . . ."
    (see Owens v. Pepsi Cola Bottling Co. of Hickory, N.C., Inc., 330 N.C. 666, 680, 412 S.E.2d 636, 644 (1992)).

    *Tortuous Interference on the Web*

    To prevail in a Tortuous Interference claim you must prove that a person:

    - Knows about your business relationship

    - Interferes with your relationship

    - and that they are unjustified in doing so

    For example, these statements made by a business competitor may be actionable as a CRIME:

    - "I cannot believe that people actually pays Waldo's Widgets money"

    - "I feel sorry for anyone unfortunate enough to use Waldo's Widgets services"

    - "Waldo's Widgets products are shoddy and poorly made"

    - "I wonder if their clients know what serial offenders Waldo's Widgets are?"

    - "This author's article is wrong, it's a fact, not my opinion"
  • 48. Re: Finding appropriate block size?
    635471 Expert
    Currently Being Moderated
    burleson wrote:
    § 506. Criminal offenses (a) Criminal Infringement. — (1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed — (A) for purposes of commercial advantage or private financial gain;
    This law citation is absolutely correct, when done with an unsavory motive, it is criminal. . . .

    Lewis is a direct business competitor, both in terms of being a competing book author and a consultant.

    There is another crime here too: "tortuous intereference with business relationships":

    http://www.dba-oracle.com/internet_laws_message_boards_forums_blogs_personal_liability.htm

    Many states have laws prohibiting people from publishing statements that unlawfully interfere with a person's right to conduct business.

    It would be like when a competing author reviews another authors book as "poor" without disclosing that they are a competitor ;)

    For example, the North Carolina Supreme Court has held that tortious interference with prospective economic advantage occurs when a party interferes with the freedom of contract and “ not in the legitimate exercise of defendant's own right, but with design to injure the plaintiff . . ."
    (see Owens v. Pepsi Cola Bottling Co. of Hickory, N.C., Inc., 330 N.C. 666, 680, 412 S.E.2d 636, 644 (1992)).

    *Tortuous Interference on the Web*

    To prevail in a Tortuous Interference claim you must prove that a person:

    - Knows about your business relationship

    - Interferes with your relationship

    - and that they are unjustified in doing so

    For example, these statements made by a business competitor may be actionable as a CRIME:

    - "I cannot believe that people actually pays Waldo's Widgets money"

    - "I feel sorry for anyone unfortunate enough to use Waldo's Widgets services"

    - "Waldo's Widgets products are shoddy and poorly made"

    - "I wonder if their clients know what serial offenders Waldo's Widgets are?"

    - "This author's article is wrong, it's a fact, not my opinion"
    Tortoise interference is also illegal. Depending on the breed, of course.
  • 49. Re: Finding appropriate block size?
    706417 Explorer
    Currently Being Moderated
    I think John Grisham wrote a book about that: The King of Tortoises.
  • 50. Re: Finding appropriate block size?
    jgarry Guru
    Currently Being Moderated
    burleson wrote:
    § 506. Criminal offenses (a) Criminal Infringement. — (1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed — (A) for purposes of commercial advantage or private financial gain;
    This law citation is absolutely correct, when done with an unsavory motive, it is criminal. . . .

    Lewis is a direct business competitor, both in terms of being a competing book author and a consultant.

    There is another crime here too: "tortuous intereference with business relationships":

    http://www.dba-oracle.com/internet_laws_message_boards_forums_blogs_personal_liability.htm

    Many states have laws prohibiting people from publishing statements that unlawfully interfere with a person's right to conduct business.

    It would be like when a competing author reviews another authors book as "poor" without disclosing that they are a competitor ;)

    For example, the North Carolina Supreme Court has held that tortious interference with prospective economic advantage occurs when a party interferes with the freedom of contract and “ not in the legitimate exercise of defendant's own right, but with design to injure the plaintiff . . ."
    (see Owens v. Pepsi Cola Bottling Co. of Hickory, N.C., Inc., 330 N.C. 666, 680, 412 S.E.2d 636, 644 (1992)).

    *Tortuous Interference on the Web*

    To prevail in a Tortuous Interference claim you must prove that a person:

    - Knows about your business relationship

    - Interferes with your relationship

    - and that they are unjustified in doing so

    For example, these statements made by a business competitor may be actionable as a CRIME:

    - "I cannot believe that people actually pays Waldo's Widgets money"

    - "I feel sorry for anyone unfortunate enough to use Waldo's Widgets services"

    - "Waldo's Widgets products are shoddy and poorly made"

    - "I wonder if their clients know what serial offenders Waldo's Widgets are?"

    - "This author's article is wrong, it's a fact, not my opinion"
    Er, isn't there a requirement that the plaintiff has to prove that a contract was not entered into as a result of the interference? Good luck with that!

    But congratulations on being one of the few people in the Oracle world to almost use the word "actionable" correctly! Aren't torts different than crimes? Actionable refers to being able to bring a lawsuit, not generally to charge a crime, though of course things get muddled when the government brings lawsuits over code violations, like forcing a bank chairman to merge his bank with a failing company then making him give his pay back because he didn't tell shareholders of every previously existing contractual detail of people who work for the other company. Actually prevailing in a lawsuit, well, that's another whole issue.
  • 51. Re: Finding appropriate block size?
    108476 Journeyer
    Currently Being Moderated
    Hi Joel,
    Er, isn't there a requirement that the plaintiff has to prove that a contract was not entered into as a result of the interference?
    I get people e-mailing me saying that they were going to buy one of my books, but they read a review by a "scientist" saying that the book was "proven wrong"!

    IMNAL, but note that the criminal statute does not require any existing contract.

    It is unfair "intereference with PROSPECTIVE customers", and there does not have to be any contract in-place . . . .
    Good luck with that!
    Thanks!

    Fortunately, most people know that a single test case does not "prove" that I'm wrong . .

    But as you see right here on OTN, there are a few people who are easily fooled by rigged test cases . . .
    Actionable refers to being able to bring a lawsuit, not generally to charge a crime
    After 911, procesutors are especially interested in cases when foreigners launch attacks against American businesses.

    If this continues, maybe I'll contact my DA and see if I have a case . . . .
  • 52. Re: Finding appropriate block size?
    Hoek Guru
    Currently Being Moderated
    burleson wrote:
    After 911, procesutors are especially interested in cases when foreigners launch attacks against American businesses.

    If this continues, maybe I'll contact my DA and see if I have a case . . . .
    Maybe you're forgetting this is all about 'Finding appropriate block size'?
    What the heck does 911 or a DA (or religion, in another thread) has to do with that?
    You tend divert from original subjects on many threads, and they all end with a 'sour twist', because you get way too emotional (and I thought I was emotional, doh).

    Truth is: it's very helpful to read threads you participate in, depending on who replies to your 'outbursts'.
    Therefore you gained some credit imo, but this '911 thing' is quite misplaced, just like religion.
    That has nothing to do with a database.

    But, with all means: contact your D(B)A, and then all that's been said/written/cached will be judged and a verdict will follow.
    Courts tend to like facts and proof.
  • 53. Re: Finding appropriate block size?
    jgarry Guru
    Currently Being Moderated
    burleson wrote:
    Hi Joel,
    Er, isn't there a requirement that the plaintiff has to prove that a contract was not entered into as a result of the interference?
    I get people e-mailing me saying that they were going to buy one of my books, but they read a review by a "scientist" saying that the book was "proven wrong"!

    IMNAL, but note that the criminal statute does not require any existing contract.

    It is unfair "intereference with PROSPECTIVE customers", and there does not have to be any contract in-place . . .
    Maybe I wasn't clear enough. Torts generally require some damages proven, and the problem here is proving that you would have gotten a contract that you didn't get. Now, I would guess that does include someone not buying your book, and if you have a lot of those, it could perhaps only cost ten times as much to prove it as your recovery. But that's a matter for lawyers, and I do recall my sister sat on a jury where a fellow got injured not following workplace rules - and he won, and the jury gave him $1 because they were jealous of his Teamsters pay and his lawyers attire.

    >
    Good luck with that!
    Thanks!

    Fortunately, most people know that a single test case does not "prove" that I'm wrong . .

    But as you see right here on OTN, there are a few people who are easily fooled by rigged test cases . . .
    Actionable refers to being able to bring a lawsuit, not generally to charge a crime
    After 911, procesutors are especially interested in cases when foreigners launch attacks against American businesses.

    If this continues, maybe I'll contact my DA and see if I have a case . . . .
    Well, now that 9/11 is becoming more history-like and less emotional, stretches like this are likely to be kicked.

    But then again, [when lawyers get involved, the whole idea of rational can get turned upside down.|http://www3.signonsandiego.com/stories/2009/oct/19/idyllic-life-became-nightmare-after-edco-spill/?columnists/logan-jenkins&zIndex=185078]
  • 54. Re: Finding appropriate block size?
    706417 Explorer
    Currently Being Moderated
    Which country's law would prevail? UK or US? I am guessing US, owing to the site's terms and conditions.

    Don Lewis
  • 55. Re: Finding appropriate block size?
    jgarry Guru
    Currently Being Moderated
    It's entirely unsettled, [google it.|http://www.google.com/search?btnG=1&pws=0&q=international+jurisdiction+of+internet]
  • 56. Re: Finding appropriate block size?
    BillyVerreynne Oracle ACE
    Currently Being Moderated
    David_Aldridge wrote:

    Tortoise interference is also illegal. Depending on the breed, of course.
    Dammit Dave.. this almost caused the keyboard and monitor to be sprayed with coffee... :D

    What should be illegal too, is drive-by postings that has absolutely nothing to do with the topic at hand and everything to do with pushing a personal agenda/vendetta.
  • 57. Re: Finding appropriate block size?
    BillyVerreynne Oracle ACE
    Currently Being Moderated
    burleson wrote:

    Fortunately, most people know that a single test case does not "prove" that I'm wrong . .
    Yeah.. and we only have to wait for your emotional outbursts when facing contradiction and opposition to see that you cannot prove that your right either.
    After 911, procesutors are especially interested in cases when foreigners launch attacks against American businesses.
    The one moment when most of the world stood solidly behind the US (where editorial comment of many papers around the world said that we were all Americans on the day)... but only until some idiot that you elected turned the greatest opportunity for world peace and unity into war. It said a lot about that idiot..

    Equally sad to see you using that exact moment too to threaten others with the US law and prosecution.. That too, says a lot about you.
  • 58. Re: Finding appropriate block size?
    661463 Newbie
    Currently Being Moderated
    Well, that Billy, including burlesons opinion that Sweden is communists has make my picture of burleson quite clear. Even tho this is a common opinion in America. But i still value his DBA skills and enjoy his books since ive drawn a line between Databases and other private stuff like opinions.


    --
    Best,
    Johann Von Ohr

    "I may not agree with what you say but I will defend to the death your right to say it"
  • 59. Re: Finding appropriate block size?
    BillyVerreynne Oracle ACE
    Currently Being Moderated
    Johann Von Ohr wrote:
    Well, that Billy, including burlesons opinion that Sweden is communists has make my picture of burleson quite clear. Even tho this is a common opinion in America.
    I have interacted with many Americans through the years, have holiday'ed there, and made some good friends there too. In my experience many Americans I dealt with are nothing like that all - the prejudiced discriminatory kind (like those who will call Sweden "+communists+").
    But i still value his DBA skills and enjoy his books since ive drawn a line between Databases and other private stuff like opinions.
    The problem with that is Johann, that one spills over into the other. There is no line of distinction - and stuff that is personal/private spilling over into OTN forum responses...

    OTN should not be a soapbox for grinding axes, or "opiniating" on off-topic issues. However, almost every thread that has Burleson involved it, invariable degenerates into exactly that. And in all the years that I have actively posted on OTN, I have only seen it with the threads he participate it.

Legend

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