Who makes law

Ruling
I read an article on a ruling with far reaching implications. As part of the ruling the judge declared that as per the DMCA (Digital Millennium Copyright Act) violating a EULA (End User License Agreement) also means violating the DMCA.

DMCA
The DMCA was established to make copying movies and songs illegal and enable law enforcement to have a leg to stand on in the courts against them. This in theory was a good idea, but in practice has been used in ways that was never intended by it's authors. All this is due to how it was written.

Intentions
When laws are written if there is any Grey areas within the wording it falls to the courts to determine what the writers intended. The problem is that intentions of the writers rarely come into play in these decisions. No instead politics and positioning play the key roles in deciding the judgments.

Behind the times
Twenty years ago computers were the size of rooms. They have progressed far faster than the laws that govern their use. With laws not keeping up with progression lawyers have used existing laws to bend the words to fit their needs. The judges must then decide if the law is in fact applicable.

Judges
Most judges are not young. Many who use computers only use them for the most basic of things. Word processing, spreadsheets, and the internet. Most do not understand how the data gets from one place to another. Most people do not understand the complexities of two computers sharing data. Yet we ask these same people who do not understand how these things work to determine the laws that govern them. This blows my mind. How can someone pass judgment on something when they do not understand the full story. That is something judges face on a day to day basis with more than just the electronics environment. They decide cases based on the facts given to them. They decide on the he said she said argument. I do not envy judges. They have a very difficult job that has far reaching implications at times.

Thoughts
I wrote this post in response to a recent decision of a judge that a EULA violation is not just a breach of contract making the license no longer valid (which would make sense, but he takes it further into the criminal), but a violation of the DCMA. Violations of the DCMA can result in fines of $150,000 per offense, and or jail time. This means if a company put in their EULA you may not write on pictures after you print them, and you do, then they can sue you and find you in breach of both the EULA and DCMA. This is absurd and down right wrong. My only hope is that the appeals court sees the light in this matter.

Quote from the article

"Judge Campbell's ruling seems clearly out of step with the stated purpose of the DMCA. When Congress passed the DMCA in 1998, it was concerned with the specter of mass file-sharing on the Internet. Yet in this case, there is no file-sharing in sight. Glider is designed to be used by legitimate Blizzard customers who not only paid for their copies of World of Warcraft, but pay a monthly fee for access to Blizzard's servers as well. Blizzard is using the DMCA not to stop illicit file sharing, but as an all-purpose tool to control their users' behavior."

Link
http://arstechnica.com/gaming/news/2009/01/judges-ruling-that-wow-bot-violates-dmca-is-troubling.ars

W.O.W.

World of Warcraft
I have been playing World of Warcraft for over four years now. The extent I play varies depending on my availability, and desire. Lately I'm finding my desire diminished. I no longer make time for the game but rather play when there's time.

Hobbies
I've never centered my life around gaming, however it has been a large part of my life. Everyone has their hobbies. Some play cards, some go to the Gym, others go to the bar. Me, I go to my computer and log in to another world. A world where I can be whomever I want to be. Where I can be as helpful or as selfish as I want, without fear of reprisal. It is the place I can go to relieve my stress or anxiety by taking it out on others. A majority of the time the others are computer A.I.'s so I'm not adversely effecting someone Else's good time. Some times however, that's just not good enough. There's a certain satisfaction that comes with taking out others who think they are better than you. This PVP (player vs player) part of the game is voluntary so people are opening themselves up to it. So I'm not exactly harassing them or anything so there's no reason to feel bad. There's a certain amount of smugness to be had when your the last one standing. The feeling of running in to your base with ten enemies all trying to run you down and kill you and you capture their flag with that last bit of health, just can't be beat. It's like skydiving. It's a cheap adrenaline rush all from the comfort of your own seat. It's great.

Social aspects, the good, the bad
Wow owes much of it's success to the fact that it is a MMORPG (Massively Multi-player Online Role Playing Game). The fact that it is impossible to get the best of the best gear with out socializing forces you to interact and cooperate with others. It's a great aspect of the game. However, for those with RL (Real Life) commitments it also makes it a very difficult part of the game. It's not the type of game you can pick up for a few minutes, do a few things and somehow advance your character. No, in order to get better gear you must group with other players to complete Dungeons (5 people) or raids (10-40 people). This means you have to either coordinate your schedule with at least five other people or get a PUG (Pick Up Group). The benefit from having the same people is that you know each others play styles, and methods and can have a much more entertaining time. The negative is that you need to coordinate those schedules. If you cannot set aside a block of time (1hr-4hrs) to do the instances and you have to leave early you hinder those other people. They then have to stop and PUG that vacant spot you left behind. It forces those without set schedules to be limited in what they are able to accomplish. PUG's have the benefit of being able to form quickly. However the negatives are vast. The skill of the players that you pick up may not be there at all. The player may wrongly believe he is entitled to things (loot) that he isn't. Players may leave before it is done. At the first sign of difficulty many PUG's disband. It is "one of those things" in the game. It's just something you have to deal with.

Some hobbies make money
During a video game convention I went to I entered a tournament and actually won. I won an in game loot card. You punch in a code on the card and it gives you loot for within the game. Instead of using that item for myself I decided to try and sell it. Sell it I did (well Lorie did for me, but it was my card and idea). We made over 150 bucks. Which essentially paid for a year of my gaming. It was the first time ever a video game I played paid for itself. Since that time I've been trying to come up with ways of making money on or within the game that would benefit RL. I've had many thoughts on it. From guides, to websites, to social sites, to my latest. There are programs out there that will essentially automate the easy things within the game so that way you don't have to. I've found a way to use them to raise my characters levels to maximum with little to no effort on my part. If I were in turn to sell these characters or the in game gold they make for RL money I could actually turn a profit. Granted it won't be a staggering profit, but a profit nonetheless. A profit for doing something I enjoy so much. Seems like a no-brainer to me, now to implement it...

Apnia

Got O2?
Apparently while I sleep I don't. I find myself sleepy even after sleeping 8+ hours. Not physically sleepy, just mentally. My eyes feel like they have weights on them. With the diminished capacity I'm finding it more difficult to have the energy to do things.

It's a scary thought.
Knowing that my body and mind are not cooperating with each other. I'm going to be going in for the test in the hospital to find out the extent of it. Also to find out what the solutions are to this problem. I don't want to have to wear an oxygen mask to sleep every night. I also don't want to have another surgery. The thought of them having to break my nose to fix it is a difficult one to process. I do know that throughout it all Lorie will be there for me. Supporting me.

Book thoughts

While driving to go see the Thomas the tank engine show in Costa Mesa I had some thoughts as to writing a book. Those thoughts in turn led to what it would take to write said book. One of the things I knew it would take are more concrete ideas.

Some thoughts on possible subjects:
Military,
Marine Corps or futuristic? (I'm thinking now because it's easier to write what you know)
Gaming,
RPG type story or biography type story of a gamer? (RPG type sounds more fun)
Life,
Just a story about life....(Kinda like this blog, but better)

Person:
Which person perspective would I write? Well i guess it would depend on the type of book I wrote. In all cases though I believe it would be easiest to write in the third person as it would allow for more flexibility to switch from third person to first and back.


Marine corps draft,

Before boot (parental issues, dep program, recruiting, etc)
Boot (the reality of what it means to be a marine is faced)
Boot weeks as chapters?
Crucible, graduation
USMC (U Signed the Mother f-in Contract) where you realize just how many lies the recruiter and everyone else along the way fed you, yet your still ok with it.
War (the last thing you thought would happen in the reserves, being activated)

Yeah that book would probably be the easiest to write. That draft took no time at all and I could think of many things to fill those chapters. Maybe I'll do that one day...maybe.

Like my Wife tells me, I can do a lot but it's a matter of what I actually do. Hey there's a thought for the next post, things I want to do.

The what and why's

Like a lot of people, my mind wanders.
I have so many unspoken thoughts and ideas that just go lost because I never got them out. I will use this place to let them escape, and not fizzle away to die.

Ramblings & Musings
I don't want to just put down all those unsaid things that I mutter under my breath. I want to also include all those things that I scoff and giggle and chuckle at.

This place is for me.
If I let others read it, they need to understand that though they may read something that they dislike, they must take it as a grain of salt. For these are just the things passing through my mind. My mind is a fantastic and scary place. Amazingly insightful, yet amazingly uncaring. Amazingly selfless, yet amazingly selfish. It is filled with conundrums that would drive most mad, and it does.

So take heed of the warning