maury markowitz

AnotherBloke said:

Are previous comment intentionally ignoring the sentence "the suit alleged Apple TV+ series "Servant" not only stole the plot of the film but also aped production and cinematography choices"?

Maybe read the whole appeal before siding either way?

https://www.courthousenews.com/wp-content/uploads/2022/02/20-55664.pdf

Ok I did. And what I see is that the only reason this is being allowed to proceed is a minor matter of precedent entirely unrelated to this case.

Specifically, early dismissal of a copyright case requires a clear matter of law in the extrinsic test. So one could dismiss a case by the original Steamboat Willy against Servant because there is no possibility any "reasonable person" would say the two are related. The case could also be dismissed early if the parts of the work that are claimed to infringe are non-copywritable or tiny (the later is related to the basic concepts of fair use).

In this case, the claimant is saying the overall concept of the movie has been copied. This clearly fails de minimis, and as the plot is copyrightable, fails the extrinsic test. So the decision to dismiss early is not legally supported and is thus being overturned.

You will note there is not one single word on the content itself, nor any claim that the case may succeed. This is purely a matter of law. The claimant will now get to pay more money to try again.

... which is why there's basically 1 in 20 games on the Mac?

Its not like they can blame weak GPUs any more.

Yeah, except here's the thing:

1) The released the original game-capable TV with a last-year model chip, forever cementing the baseline below that even of the iPad. Had they used the current design, at the time, the baseline would have been roughly 2X and much better games would be possible for a wider audience.

2) Since the Siri remote, ATV sales have cratered. Now only some of that is deserved, and some of that they've fixed - you can figure it out without lights now, but still can't find the damb thing. But that's part of the package now, which drove up the price $70 and made it one of the most expensive and least capable systems on the market. So it's not exactly surprising it cratered

3) Which means that the games have to be SO GOOD on this new box that people will replace their older ones. And that's from a company:

4) where gaming is alternately announced as the next big thing and then immediately ignored, and ...

5) the OS still has horrible gaming performance compared to any other platform. Same exact box under Bootcamp and Windows gets you 2x performance

So sorry, but I'm skeptical.

There was an MS store in Yorkdale mall in Toronto, about four or five units up from the Apple store. You could see them both if you stood in the right place.

You know what Apple stores are like - bumping elbows just to get in the door.

The MS store was always empty. Well not empty, but maybe five or six people inside, and three or four staff.

Every time.

If this thing has a real GPU in it, that's it for my trash can. Maybe Apple's GPUs will be OK, because the current mini's are useless.