Comment by immibis2
9 hours ago
No, this is where programmers rules-lawyer in ways that actual lawyers don't and then get law stuff hilariously wrong. No judge thinks that viewing an HTML page is downloading it, because downloading means saving a copy to your computer, not just looking at it. Even having an internet cache folder doesn't count as downloading. Even copying the file from the internet cache folder to somewhere might not count as downloading, although it'd still be a copy.
Same as when LG said their TVs don't record you and then Hacker News said "how can they detect voice commands if they don't record your voice"... facepalm.
I don't pretend to understand law, mostly it just doesn't make sense at all.
It makes more sense when you remember it's not a computer program and the things that are written in the law are not the things that will actually happen in the way that "if(foo) bar;" makes bar happen if foo is true. It's more like a book of excuses you could use for why you didn't do your homework.
Then the other side also has to bring an excuse for why you were supposed to do it, and if the principal thinks their excuse is better than yours, you get detention.
If you tell the principal "I don't have to do my homework because work means employment and it's illegal to employ a minor" you'll get detention for not doing your homework and extra detention for being a smartass.
And this example is not just due to people not taking the trouble to write fully specified rules. I don't think such rules could even be written. You can just do your best to cover the cases you can think of. The complexity of society is incomprehensibly vast and constantly changing, and the law has to have wiggle room to account for it.
2 replies →
Could you elaborate in what way you find the law mostly doesn't make sense? It has to be flexible in order to work with actual humans. Why should visiting a page on your computer count as copying? Usually when we talk about copying it's someone making a duplicate so it can be accessed later. Only a very technical user is going to be diving into their cache to view that content after the fact. The vast majority of people don't understand that the browser is storing anything on their computer, much less how to access it before it's purged.
I can't remember the court case, but Blizzard did argue and win in court that WoW Glider's producers violated copyright law. If I recall correctly violating the TOS meant that an unauthorized copy made by executing the file chasing it to load WoW into RAM was created.
3 replies →
> Why should visiting a page on your computer count as copying?
Because there's no physical mechanism for the information to be transmitted over a computer network other than by copying the bytes.
Note this is distinct from broadcast systems like analog television or radio. Packet switching networks only function by copying information and storing multiple copies around the internet, including in your computer's RAM (and disk, if cached).
So a legal definition that says "this kind of copying is copying but that other kind of copying isn't copying" makes no sense at all. Like many other legal definitions--it's all about what has been successfully snuck past a jury at one point or another in the past, without any heed for how things actually work.
4 replies →