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The Voice of Groklaw

Random BedHead Ed writes "LinuxPlanet has an interesting interview with Pamela Jones, the paralegal and blogger who created Groklaw. Groklaw has become an indespensible site for geeks who need even more SCO updates than even /. provides - and if the site's inclusion in the footnotes of one of IBM's court documents is any indication, it's been handy for people involved in the case as well. No wonder the site won Best News Site in O'Reilly's OSDir.com Editor's Choice Awards for 2003. It shows how useful and influental a well-run collaborative website can be."

198 comments

  1. slashdot by Anonymous Coward · · Score: 5, Funny

    It shows how useful and influental a well-run collaborative website can be.

    Yes, unlike Slashdot.

    1. Re:slashdot by chickenwing · · Score: 1

      I don't know about that. Like Slashdot, Groklaw has a lot of interesting material of little immediate practical value. Thats why I love it.

      I find that now I waste a significant portion of my day compulsively reloading Groklaw. And when the stories on Grocklaw slow down for hollidays and the like, I find myself jittery and confused.

      I know Slashdot will lag 24 hours and I need the play-by-play as it happens.

    2. Re:slashdot by Anonymous Coward · · Score: 0

      Not to spoil your daily fix, but Groklaw is backed by several parties with a large interest in the outcome of the SCO case. Hope you can deal with the fact that your information habit is actually a propaganda habit...

  2. Give em a good slashdotting... by dolo666 · · Score: 4, Funny

    That's one way to get revenge for /. not being chosen news site of 2003!

    1. Re:Give em a good slashdotting... by Ohreally_factor · · Score: 1

      Groklaw is being hosted by ibiblio now. I think they can handle it.

      --
      It's not offtopic, dumbass. It's orthogonal.
  3. Impossible by Kethinov · · Score: 4, Funny
    Groklaw has become an indespensible site for geeks who need even more SCO updates than even /.
    And I thought Slashdot was obsessed...
    --
    You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
  4. I think.... by 0x12d3 · · Score: 4, Funny

    Slashdot has a crush on Groklaw. Cowboy Neal, Pamela Jones, it could work.

    1. Re:I think.... by anthonyrcalgary · · Score: 2, Funny

      Seriously.

      She doesn't just have groupies. She has minions.

      --
      When someone might yell at me, it has to be OpenBSD.
    2. Re:I think.... by MuParadigm · · Score: 2, Funny


      Minions? Hey! Watch who you're calling minions, or we'll come after you.

      (Pause)

      Oops.

  5. I think you overrate this SCO thing. by Samuel+Duncan · · Score: 5, Insightful
    I worked nearly sixty years in industry with owning my own business for 45 years. I encountered such strange lawsuits every 3 years or so.
    If I got agitated every time about this like you do then, well, I wouldn't posting this message. (Unless someone writes an astral interconnect module for Perl.)

    Someone making ridiculous claims and wanting a huge heaps of money isn't actually news. Much more people do this for a living than you might guess.

    --
    Over 90 years and counting !
    1. Re:I think you overrate this SCO thing. by scrytch · · Score: 5, Interesting

      I worked nearly sixty years in industry with owning my own business for 45 years. I encountered such strange lawsuits every 3 years or so. If I got agitated every time about this like you do then, well, I wouldn't posting this message. (Unless someone writes an astral interconnect module for Perl.)

      Delusional IP lawsuits are certainly nothing new, even ones surrounded with press releases. SCO may even have some kind of case against IBM. It's Darl's grandiloquent pronouncements (to use a genteel term) about IP, Linux Hippies, and the unconstitutional GPL making the baby jesus cry that's what's generated so much "buzz" in this community.

      Apple's "look and feel" lawsuits spring to mind ... those created a lot of buzz, and that was before online communities were nearly what they are now. So while it's nothing new, I don't really think that automatically means the community it affects will or should be jaded about it.

      Check CPAN, there might be a Tie::Plane::Astral in there somewhere

      --
      I've finally had it: until slashdot gets article moderation, I am not coming back.
    2. Re:I think you overrate this SCO thing. by Fortunato_NC · · Score: 4, Insightful
      Someone making ridiculous claims and wanting a huge heaps of money isn't actually news. Much more people do this for a living than you might guess.

      Yes, they're called trial lawyers...and one of them wants to be your next president

      --
      Blogging Weight Loss, Distance Education, and more at verlin.com
    3. Re:I think you overrate this SCO thing. by tuxette · · Score: 0

      I thought they were called spammers.

      --
      People say I'm crazy, I got diamonds on the soles of my shoes...
    4. Re:I think you overrate this SCO thing. by Rooktoven · · Score: 1, Funny

      Not all trial lawyers are evil, some actually help people. Remember, the client has to walk in the door.

      And yes, a really good one wants to be your next president. I for one think he'd be an awesome president.

      (Not that a wet dishrag wouldn't be an improvement over what we have now..)

      --

      Acquiescence leads to obliteration
    5. Re:I think you overrate this SCO thing. by lunenburg · · Score: 3, Informative

      And yes, a really good one wants to be your next president. I for one think he'd be an awesome president.

      Unless you care about copyright abuse. I'm a North Carolinian and have had several discussions with John Edwards staffers in Raleigh, and he's completely in the pocket of the MPAA/RIAA.

      Take it from a tarheel - pass on Edwards.

    6. Re:I think you overrate this SCO thing. by Anonymous Coward · · Score: 0

      Is there anyone in the Democrat or Republican parties that isn't in the pocket of the 'AAs?

    7. Re:I think you overrate this SCO thing. by LinuxGeek · · Score: 1

      Some of Edward's first senate campaign ads were bragging about his being voted one of the six best lawyers in the nation. Those stopped after a few runs and they started pushing his 'humble small town roots' angle.

      He set the record for jury awards in NC and then beat his own record at least twice more. Then NC and several other states passed laws to set maximum awards for personal injury lawsuits. One of the first things he did after winning his senate race was to introduce legislation to allow personal injury lawsuits to be tried in Federal court, thus bypassing the 30 or so states that had placed award caps by then. His legislation didn't pass, but it would have been about like a national holiday for the lawyers if it had.

      I know that many politicians in both parties have questionable honesty, but this guy seems to have a deep love for his profession and most of the cliches that go along with lawyers.

      --

      Kindness is the language which the deaf can hear and the blind can see. - Mark Twain
    8. Re:I think you overrate this SCO thing. by Nucleon500 · · Score: 1

      A very good question, but nobody will see an AC. Is there any candidate in either party who isn't in the {MP,RI}AA's pockets? If so, which ones?

    9. Re:I think you overrate this SCO thing. by anaradad · · Score: 1

      Dennis Kucinich isn't in the MPAA/RIAA's pockets.

    10. Re:I think you overrate this SCO thing. by 4of12 · · Score: 1

      one of the six best lawyers in the nation.

      Sadly, the best lawyers have their passion for right and wrong squeezed out of them completely.

      It's kind of like the effect of seminary training causing people to lose their religious zeal.

      Particularly, this issue arises in the SCO case, where David Boies is part of the law firm that owns a fifth of SCO and will profit if this legal action is successful.

      This is the same David Boies that did such a nice job of cutting to pieces Microsoft's legal defense for the Justice Department, even if the government rolled over in the end.

      It goes to show that good lawyers are professional about their work but not necessarily personal, passionate. Arguably, emotion could interfere and prove distracting to the best application of the legal profession (apart from the acting required in front of a jury).

      --
      "Provided by the management for your protection."
  6. The art by AndreyF · · Score: 2, Funny

    I like the artistic touch in the top right... it makes me feel all warm and fuzzy inside...
    /. should get a new layout (or a choice of layouts)...

  7. Pictures? by Anonymous Coward · · Score: 0, Interesting

    Isn't anybody else, even slightly, interest in just exactly what P.J. looks like?

    1. Re:Pictures? by Anonymous Coward · · Score: 4, Funny
      Yeah, totally... I clicked though the whole interview, and the only thing I saw was a bunch of boring words...

    2. Re:Pictures? by Anonymous Coward · · Score: 0

      that might barely make this story readable

    3. Re:Pictures? by GrievousAngel · · Score: 0, Informative
      --


      "Extremism in defense of liberty is more fun."
    4. Re:Pictures? by AndreyF · · Score: 0

      no, that can't be right

    5. Re:Pictures? by Anonymous Coward · · Score: 0

      Hubba Hubba!!!

    6. Re:Pictures? by Anonymous Coward · · Score: 0

      Thanks, way to blow away my fantasies.

    7. Re:Pictures? by MuParadigm · · Score: 2, Informative


      It's not right. Pamela lives somewhere in the Northeast, not in Minnesota.

      There are no pictures of PJ on the Internet, as far as I know. She likes to guard her privacy as much as is possible under the circumstances.

    8. Re:Pictures? by eclectro · · Score: 2, Funny

      There are no pictures of PJ on the Internet, as far as I know. She likes to guard her privacy as much as is possible under the circumstances

      Maybe to avoid the affections of countless socially-isolated, dateless nerds???

      Nah.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    9. Re:Pictures? by Anonymous Coward · · Score: 0
      Maybe to avoid the affections of countless socially-isolated, dateless nerds???

      Who, underneath the bad manners, complete lack of charm, and overall repulsiveness, really aren't worth bothering with at all. That's why we have- RealDoll!

    10. Re:Pictures? by Anonymous Coward · · Score: 0

      I think you may be right traceroute stops responding at the University of North Carolina at Chapel Hill! The two previous routers *still* have the default Apache fresh install pages: ncren.net and ncni.net. It goes through Qwests backbone after leaving AT&T's backbone in Chicago.

    11. Re:Pictures? by Anonymous Coward · · Score: 1, Funny

      Well, the interview does at least demonstrate that she's a real person. GrokLaw is so comprehensive that I assumed PJ was a pseudonym for an entire law firm.

    12. Re:Pictures? by Lost+Penguin · · Score: 1

      >Well, the interview does at least demonstrate that she's a real person. GrokLaw is so comprehensive that I assumed PJ was a pseudonym for an entire law firm<

      I'll bite:
      It has to be said.
      How about a bewoulf cluster of PJ's....

      --
      I am the unwilling control for my Origin.
  8. Grokking McDonalds Coffee Lawsuit by Anonymous Coward · · Score: 0

    Do they have anything on that frivolous lawsuit where someone spilled hot coffee on their own lap and sued McDonald's over it? If outrages like this can happen, no wonder the tech world is also full of utterly frivolous lawsuits.

    1. Re:Grokking McDonalds Coffee Lawsuit by Brahmastra · · Score: 0, Troll

      When juries are dumb enough to hand out money in the case of frivolous lawsuits such as suing McDonalds for hot coffee, etc, I dread to think of what is going to happen when frivolous lawsuits such as SCO's become commonplace. You'll have Mr. Redneck with his pickup trucks and guns deciding if the definitions in a header file were copied from another version of Unix, etc.

    2. Re:Grokking McDonalds Coffee Lawsuit by Darth_Foo · · Score: 4, Informative

      Do more reasearch before you start trolling. Mickey D's was serving coffee within 10 degrees F of the temperature at which meat packing plants boil the skin off pigs. McDonalds was doing this for the express purpose of saving a few bucks a week on coffee, as they knew that hotter coffee obscures the bitter flavor from the hours-old pot of coffee left over from the last meal rush in the store. Further, the woman in question required multiple skin grafts and was hospitalized for ten days. Trial evidence demonstrated that most fast food places did NOT serve coffee that hot and that had she spilled coffee from such a place, she would not have been burned nearly as severely (no skin grafts or hospitalization would have been necessary). The damages awarded by the jury were ONE DAYS' profits (not gross receipts) from McDonalds' world-wide coffee sales alone. The trial judge suggested a remittiture of half that (that means he told the plaintiff that if she didn't accept his suggestion, he'd order a new trial), which is what I understand was actually paid. Now, knowing the facts, flame away.

    3. Re:Grokking McDonalds Coffee Lawsuit by peragrin · · Score: 1
      Everybody do some actualy research. i was working at a McD's at the time it happened.

      Fact one the coffee is no where near the boiling point, it was at 130 F almost hundred degrees cooler than boiling.

      The cups are labeled HOT coffee for a reason.

      An Appeals court overturned most if not all of the award. For some odd reason someone in the Appeals court thought it was dumb to stick a cup of known hot liquid in your crotch and blame someone else when it spilled.

      --
      i thought once I was found, but it was only a dream.
    4. Re:Grokking McDonalds Coffee Lawsuit by Anonymous Coward · · Score: 0

      I do believe there are a couple of facts left out here... 1) She put a hot cup of coffee between her legs while driving a car. 2) She got coffee at McD's nearly every day. So, she well knew just how hot the coffee is there. 3) Most people (I would hope well above 90%) arn't stupid enough to put a paper or styrofoam cup of hot liquid in their crotch while driving. 4) Her car had an empty cup holder. Not everything is "Black and White"... Most are an innumerable assortment of shades of grey. The basic question is if the lady in question was stupid, or McD's was negligent. The problem is that it was some of both. In the Groklaw / SCO coverage thing... Groklaw helps people collaberate to better differentiate the layers upon layers of grey. That is the good thing.

    5. Re:Grokking McDonalds Coffee Lawsuit by fermion · · Score: 4, Interesting
      Can we just have a hiatus on the McDonald lawsuit thing. It is done. It wouldn't have happened if they would have just paid in the first place. In any case, the money they ended up paying was no a significant amount. They probably spend more money on hookers when all the owners go to burger college.

      The silly thing is that saying that McDonalds was unfairly treated. McDonalds believes in using and abusing the courts. The case cited is an prime example of such abuse. Another good example of this was when they sued private individuals in England for claiming that the food was not good. It was a waste of the courts time and an abuse of the laws of England.

      A few big lawsuits are publicized to make the public believe that the suits are costing significant amounts of profits. Most of these are a result of the companies attempt to abuse the courts to hound customers into submission. Anyway, we now know that what is costing profits is the embezzlement by top managers and other such corruption. Of course, a key defense to such corruption is shareholder lawsuits, which are becoming increasingly difficult for anyone but the biggest players.

      Might i suggest that the lameness filter be modified to disallow the word McDonalds and lawsuit to be used in the same post.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:Grokking McDonalds Coffee Lawsuit by Homology · · Score: 1
      Do they have anything on that frivolous lawsuit where someone spilled hot coffee on their own lap and sued McDonald's over it? If outrages like this can happen, no wonder the tech world is also full of utterly frivolous lawsuits.

      I'm sure an AC like you can use the search facilities on the site and find out for yourself. In case you don't manage to find the prominent "Search" link to the upper left, I'll even hand it out for you : Search

    7. Re:Grokking McDonalds Coffee Lawsuit by loucura! · · Score: 1, Insightful

      She was in the passenger seat. I'm pretty sure that people in the passenger seat aren't considered to be "driving" the car. The car was at a complete stop when the incident occured.

      --
      Black and grey are both shades of white.
    8. Re:Grokking McDonalds Coffee Lawsuit by MuParadigm · · Score: 1

      "Might i suggest that the lameness filter be modified to disallow the word McDonalds and lawsuit to be used in the same post."

      Seconded!

    9. Re:Grokking McDonalds Coffee Lawsuit by treat · · Score: 1
      Fact one the coffee is no where near the boiling point, it was at 130 F almost hundred degrees cooler than boiling.

      Strange. The victim had third degree burns. 130 F isn't hot enough to cause third degree burns. How can you explain this?

    10. Re:Grokking McDonalds Coffee Lawsuit by loraksus · · Score: 1

      Strange. The victim had third degree burns. 130 F isn't hot enough to cause third degree burns. How can you explain this?

      lol, he was working at mcdonalds at the time, that should tell you enough. . . /elitist asshole, today at least

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    11. Re:Grokking McDonalds Coffee Lawsuit by wtansill · · Score: 2, Insightful

      Items above a certain temperature are dangerous. We learn this as children, and conduct our lives accordingly. That a grown woman was foolish enough to put cup of coffe between her legs (knowing that it was hot both from years of experience, and from having purchased McDonald's coffee many times over the years), that she was then foolish enough to squeeze the cup tightly enough to cause it's contents to spill over her thighs and genitals says absolutely nothing about the relative safety of McDonald's coffe. It highlights only her unfortunate foolishness in choosing to handle the product in an unsafe manner.

      --
      The contest for ages has been to rescue liberty from the grasp of executive power. -- Daniel Webster
    12. Re:Grokking McDonalds Coffee Lawsuit by nomadic · · Score: 1

      Items above a certain temperature are dangerous. We learn this as children, and conduct our lives accordingly.

      I really don't understand this way of thinking. Do you just not understand the concept of degrees of risk?

      I mean, by your logic, it doesn't matter how hot McD's makes the coffee, because coffee is supposed to be hot. 200, 300, a million degrees, they should never take responsibility. If you believe this then your mind works in a very strange way.

      If on the other hand, you admit that at some point McD's takes responsibility, then the question is where. Personally I think the temperature it was at was sufficiently hot enough that they should be held accountable. You're right, people are expected to take reasonable care with hot items. But how on earth could she or anyone else know the insane temperature they sold her the coffee at? Coffee hot enough to cause that kind of damage is NOT what we expect in our daily life. If I knew coffee that hot was being sold to me I'd refuse it. If, on the other hand, I'd assumed it was a regular cup of coffee, at a reasonable temperature, I'd take it, knowing that if I spilled it I'd suffer some temporary pain, but nothing I couldn't live with. It's called risk analysis, and McD's misled her by introducing a variable which a reasonable person WOULDN'T expect.

    13. Re:Grokking McDonalds Coffee Lawsuit by wtansill · · Score: 1

      She knew this because, as a previous poster (and I) pointed out, she'd bought McDonald's coffee many times on previous occasions. She was therefore quite familiar with the product, and the temperature at which the product was sold. To then place herself at risk by handling said product in such an obviously unsafe manner reflects poorly on her judgement, not on McDonalds coffee. As another poster has pointed out (but which I am not able to verify), McDonald's coffee was served at 180 degress -- 5 degrees *lower* than the recommended minimum serving temperature. Coffee is hot. Treat it carefully, or accept the consequences of your own foolish behavior.

      --
      The contest for ages has been to rescue liberty from the grasp of executive power. -- Daniel Webster
    14. Re:Grokking McDonalds Coffee Lawsuit by jdbo · · Score: 1

      Here's a statement from the American Trial Lawyer's network; while certainly not an unbiased source (can anyone recommend one?), this at least cites several facts regarding the incident, evidence at trial, and the actual outcome.

      http://www.atlanet.org/ConsumerMediaResources/Ti er 3/press_room/FACTS/frivolous/McdonaldsCoffeecase.a spx

      Regarding the whole "how hot is hot?" debate, noone's seriously debating the "temperature of brewing"; heck, Starbuck's website recommends 185-195 F.

      However, it is the temperature at which the brewed coffee is maintained and served is the sticking point, and (as stated above) it was demonstrated at trial that McD's maintained their brewed coffee at a higher temperature than other outlets (135 to 140 (F) according to the above source).

      Furthermore, Medical testimony showed "exponentially less" chance of burning as the service temperature decreased from 185 (F) (where serious burns upon spillage are likely), with minimal chance of serious burns at temps and that McD's was aware of these facts.

      From there it's pretty much a no-brainer to see that McD's was aware of the risks involved with their coffee-serving process (and recall that in a franchising business such as McD's, the whole business comes down to defining processes and products for use by the franchise owners), and made a conscious decision to put profit above risk in that process. A jury saw this decision as irresponsible, and thus punished the company with a fine.

    15. Re:Grokking McDonalds Coffee Lawsuit by Ohreally_factor · · Score: 1

      Let me see if I can help in the current situation.

      You know, Hitler once sued McDonald's.

      Godwin who?

      --
      It's not offtopic, dumbass. It's orthogonal.
    16. Re:Grokking McDonalds Coffee Lawsuit by nomadic · · Score: 1

      She knew this because, as a previous poster (and I) pointed out, she'd bought McDonald's coffee many times on previous occasions. She was therefore quite familiar with the product, and the temperature at which the product was sold.

      That's just ridiculous. Is she some sort of tactile savant, able to precisely measure the temperature of liquids? And, she wasn't trying to drink it, she was trying to open the cup.

      To then place herself at risk by handling said product in such an obviously unsafe manner reflects poorly on her judgement, not on McDonalds coffee.

      Oh god, what insane way did she try to open it? In a parked car while sitting down. Where's the fault in judgement? How should she have tried to open it?

      As another poster has pointed out (but which I am not able to verify), McDonald's coffee was served at 180 degress -- 5 degrees *lower* than the recommended minimum serving temperature.

      No, you wouldn't be able to verify it, as it is completely untrue. Coffee is typically served at 130-140 degrees fahrenheit. 180 is insanely high.

      Treat it carefully, or accept the consequences of your own foolish behavior.

      Once again, where is this supposed "foolish" behavior. She tried opening a cup, it spilled. Where is the failure in intelligence? How should she have opened it?

      McD's executives testified during the trial that they knew the risk, but had decided the money they saved was worth paying out settlements and workmen's comp.

      Before you give your opinion on something, you might want to do some research.

    17. Re:Grokking McDonalds Coffee Lawsuit by MuParadigm · · Score: 1


      Actually, it was established that 135-140 was the optimal safe temperature. It was also established at the trial that most local vendors (this was in New Mexico) were serving coffee at 150 to 165. Still too hot, but it would give someone who accidentally spilled the coffee on themselves 30 - 60 seconds to clean up before it would cause 3rd degree burns, as opposed to the 3-5 seconds at 180.

    18. Re:Grokking McDonalds Coffee Lawsuit by Anonymous Coward · · Score: 0

      That's just ridiculous. Is she some sort of tactile savant, able to precisely measure the temperature of liquids? And, she wasn't trying to drink it, she was trying to open the cup.

      You are being ridicilous. She bought the exact same hot coffee from the same place many times before and was able to drink it with no problems.

      Oh god, what insane way did she try to open it? In a parked car while sitting down. Where's the fault in judgement?

      Yes, and she was so incompetent that she managed to spill it into her own crotch, even in this stable environment.

      Once again, where is this supposed "foolish" behavior.

      You are missing the whole point. She poured the coffee into her crotch. That is foolish. It is 100% her action. McDonald's did not pour it.

      McD's executives testified during the trial that they knew the risk, but had decided the money they saved was worth paying out settlements and workmen's comp.

      A risk that was nil.

      Coffee is typically served at 130-140 degrees fahrenheit. 180 is insanely high.

      No, that is reasonable hot. If it were insanely high, you'd have a lot more than 700 incidents out of 10+ cups sold. It was not high, in fact it was safe.

      This case was utterly frivolous. The coffee was safe, and nice and hot the way the customers liked it. The lady who later dumped it into her crotch was able to drink it previously with no problem.

    19. Re:Grokking McDonalds Coffee Lawsuit by wtansill · · Score: 1

      Fine. We have established that you have no concept of taking responsibility for your own actions, preferring instead to blame others for life's misfortunes.
      It has already been established that:

      1) The same woman had purshased coffee at the same McDonald's on numerous prior occasions with no complaints. She knew what she was getting. If it was so *insanely hot*, why the hell did she keep buying the stuff?
      2) Despite purchasing this same product from the same shop over an extended period of time, presumably becoming familiar with it's characteristics, she *chose* to put the coffee cup in a sensitive area, and, accidentally or otherwise, to apply enough force with her legs as to cause the cup's contents to be expelled over her thighs and genitals.
      3) She did this despite the fact that there was an empty cupholder well within reach, which would have allowed her to open the product to add sugar, milk, or what have you, while imposing no risk to herself.

      I'm sorry, but in my book that's negligence -- hers -- not McDonalds.

      --
      The contest for ages has been to rescue liberty from the grasp of executive power. -- Daniel Webster
    20. Re:Grokking McDonalds Coffee Lawsuit by LX.onesizebigger · · Score: 1

      What you appear to be missing is that, unlike voluntary assumption of risk (of which this case is not an example), contributory negligence, at least by Australian standards (and most likely U.S. standards too, since both are Common Law countries), is not an absolute and complete defence.

      Now, I do not have all the facts of this case, but the common procedure would be to award damages for the tort of negligence and then assessing the claimant's degree of contributory negligence to establish an appropriate apportionment.

      While the alleged facts you put forth are certainly likely to have contributed to the damages sustained by the plaintiff, those damages would not have been as severe but for the breach of duty of care that the defendant committed.

      To strike the down the case, you must prove, on the balance of probabilities, that there was no duty of care owed (i.e. the coffee could have been literally boiling or contain acid); or that that duty of care was not breached (i.e. a sensible person would not reasonably foresee the plausibility of someone getting burned by near-boiling coffee under any circumstances); or that the plaintiff voluntarily waived her rights to complaint upon purchase of the coffee (something that courts are reluctant to take into account even with proper waiver-forms at hand).

      There is more to it, but you should get the point by now. If not, take an introductory law course. They are usually surprisingly interesting!

      --
      I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
    21. Re:Grokking McDonalds Coffee Lawsuit by nomadic · · Score: 1

      Now, I do not have all the facts of this case, but the common procedure would be to award damages for the tort of negligence and then assessing the claimant's degree of contributory negligence to establish an appropriate apportionment.

      Yes, it's quite common to see rulings where negligence is determined to the percentage point, and damages set accordingly.

      There is more to it, but you should get the point by now. If not, take an introductory law course. They are usually surprisingly interesting!

      I agree, such a course would do the average slashdot reader a world of good. Unfortunately in the US it's not really an option, due to the nature of our law school system. There are "legal studies" programs at the undergraduate level, but I have no idea how close they are to real law courses.

    22. Re:Grokking McDonalds Coffee Lawsuit by Anonymous Coward · · Score: 0

      here is one.
      your link is not (no longer?) valid so I can't compare.

  9. Only if the judges are corrupt by Anonymous Coward · · Score: 3, Interesting

    I suspect that the site's relevance and appeal will dim considerably when the court starts handing down some harsh rulings in SCO's favor as its discovered that IBM engineers improperly released code into the Linux development stream.

    The only way such rulings can happen is if the judges are corrupt, since the facts are not on SCO's side. Groklaw will become more and more relevant once judges step outside the line and harass people like this.

  10. Best thing to come out of the SCO case by jhines · · Score: 5, Insightful

    Groklaw is the best thing, so far, to come out of the case.

    There is an ever increasing need for common ground between the legal and geek communities, and Groklaw appears to be it. Neither techs or lawyers understand each other's worlds, this goes a long way, to bridging the gap.

    A hearty "atta boy" to Pam, and a nomination for whatever annual award there is on the web.

    1. Re:Best thing to come out of the SCO case by bratgrrl · · Score: 5, Interesting

      Absolutely right. Groklaw is fantastic.

      The part I get depressed over- Groklaw is unique because PJ does actual research and fact-based analysis. Sure, we expect ZDNet to print uninformed, baseless opinions, but all these other "real" news and financial media- Forbes, Washington Post, NY Times, etc etc, publish shallow, 'he said she said' garbage. 'This one says I didn't do it, the other says did to.' What crap. Why even bother? In the SCO deal, Forbes reached a new low with Daniel Lyons. There's a guy whose allergy to facts is epic. Read the actual court papers? Research the issues? Nahhh, that would be wrong.

      --

      ---

      SCO is weenies
      Gator is Spyware
      Microsoft is thugs

    2. Re:Best thing to come out of the SCO case by Sesostris+III · · Score: 5, Insightful

      I have to agree. To be frank, my view is that the impact of the Groklaw site will reverberate far beyond the bounds of the SCO case, Linux and the GNU GPL.

      What PJ has done with Groklaw is what investigative journalists should be doing in the more *serious* papers. Unlike (say) Woodward or Bernstein (of Watergate fame), most modern journalists seem to be purely interested in controversy (which sells) rather than truth. Unfortunately, this focus on sensationalism can be exploited for ulterior motive, and can be more akin to news manipulation than news reporting.

      I think with sites such as Groklaw there may be a shift back again to the reporting for detailed truth rather than for sensation. OK, PJ is not a reporter, but she is a researcher, and research is something reporters are meant to do (as well as paralegals!).

      It also shows that it is possible for individuals to make the detailed truth of a matter available to all, even if the 5th Estate refuses to do its job! Hopefully others will be encouraged by PJ's example.

      --
      You never know what is enough unless you know what is more than enough. - Blake
    3. Re:Best thing to come out of the SCO case by Ohreally_factor · · Score: 1

      Most of the tech journalism I come across is nothing but regurgitation of company press releases. In some cases, the journalist is a shill, in others he or she is merely lazy. In some cases, the writer is trolling, the goal being page hits. I think Lyons is both a troll and a shill. There are exceptions, of course. (Steve Gilmore is pretty good, especially on topics such as RSS and collaboration. He gets it.)

      What is refreshing about Groklaw is that PJ and the Groklaw volunteers actually do research, something that is missing from 99% of tech articles today. Contrast this with Lyons, who not only doesn't do his research, but obviously is intentionally misunderstanding what Open Source is all about. There is a taint of evil to those that are not only intentionally ignorant, but seek to propagate that ignorance.

      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:Best thing to come out of the SCO case by Anonymous Coward · · Score: 0

      What PJ has done with Groklaw is what investigative journalists should be doing in the more *serious* papers.

      What? Accept money and resources from one side of an argument while pretending to give "unbiased" and "factual" commentary on said argument? Sounds like a fucking marvellous idea.

  11. Re:Pfffffttttt by Nurseman · · Score: 5, Insightful
    I know I shouldn't feed the trolls but :

    I don't buy it. The author of Grok Law is a paralegal, not a real laywer.

    Which is her strength, she does research for a living. Many of the people who post on Groklaw are people who have worked on Linux for years. They know where the bodies are buried. If there was a smoking gun we would have seen it long ago. She runs a professional, well thought out site. She will be arround for a long time after Darl and Co. bite the dust.

    --
    Save a Life. Donate Blood. Please.
  12. Do more research before your start trolling by Anonymous Coward · · Score: 0, Troll

    Do more reasearch before you start trolling

    I did. You did not. You must be trolling.

    Mickey D's was serving coffee within 10 degrees F of the temperature at which meat packing plants boil the skin off pigs.

    Looks like you have partially researched pigs, but not coffee. The coffee temperature was well short of the boiling point.

    McDonalds was doing this for the express purpose of saving a few bucks a week on coffee

    No, they were doing it because the customers preferred nice hot coffee. When they were forced to lower the temperature, it is a fact that "cold coffee" complaints soared.

    Further, the woman in question required multiple skin grafts and was hospitalized for ten days

    Thanks to her OWN ACTION of pouring coffee in her crotch. The coffee was perfectly safe: they sold billions and billions of cups, Mr. Sagan, and had only 700 burn incidents. That's something to think about.

    Trial evidence demonstrated that most fast food places did NOT serve coffee that hot

    so? Look at the facts. No one had a problem unless they did something stupid with it.

    The damages awarded by the jury were ONE DAYS' profits

    The damages awared were outrageous, as McDonald's did nothing wrong. Even one cent is excessive.

    Now, knowing the facts, flame away.

    i knew the facts coming into this. She spilled the coffee, McDonald's did not.

    1. Re:Do more research before your start trolling by MuParadigm · · Score: 4, Informative

      "The coffee was perfectly safe..."

      As long as you didn't accidentally spill it on yourself, in which case you required skin grafts and 10 days hospitalization.

      Sorry, dude, but you must be using a different dictionary for the phrase "perfectly safe" than the one I use.

      "She spilled the coffee, McDonald's did not."

      McDonald's heated it to over 180 degrees, possibly much higher, given the pressure it was kept under. Not the customer.

      And I'm not sure what universe you live in where 180 degrees is "well short of the boiling point", maybe one where Vonnegut's Ice-9 is commonplace, but here on Planet Earth the boiling point is 212 degrees at sea level, and lower at higher altitudes, so I'd say 180 degrees is pretty close to boiling.

    2. Re:Do more research before your start trolling by cartzworth · · Score: 1

      Last time I checked the way to make coffee was to use boiling water.

    3. Re:Do more research before your start trolling by MuParadigm · · Score: 1


      Depends. If you're preparing it in one of those French-style coffee pots where you let the coffee seep in hot water and press the grounds out of it, which is how I prefer my coffee, then you boil the water first and wait a minute or two for it to cool down below boiling. Then you pour it over the coffee grinds and wait several minutes for it to seep and cool down further before drinking it.

      Try it, it tastes *much* better that way.

  13. Groklaw? by Gothmolly · · Score: 0, Flamebait

    Maybe because I realize that I'm a disenfranchised geek, unlike other /. readers, I never pay much attention to the SCO suit. I don't read Groklaw, since it seems the latest darling of ex-dot-bombers, you know, the kind who use 'teh', and own PS2 machines even though they're 30. Don't kid yourselves folks, the opinion of every geek on Slashdot comes to out exactly nothing.

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Groklaw? by mdxi · · Score: 1

      Was this written by MarkovBlogger?

      --
      Posted with Mozilla
    2. Re:Groklaw? by CowboyBob500 · · Score: 1

      I'm 31. Does that mean I'm too old to own a PS2? Shit, better take it back then...

      Bob

    3. Re:Groklaw? by Ohreally_factor · · Score: 1

      Methinks you are just feeling a bit too cynical at the moment, possibly due to lack of coffee, possibly due to being around slash dot too long.

      I'm going to be 40 next month. Would you recommend an Xbox or a game cube in lieu of a PS2? Oh, wait. I never had enough ambition to be a dot-bomber, although I miss the days when my dot-bomber friends could afford to take me to lunch.

      --
      It's not offtopic, dumbass. It's orthogonal.
  14. Coffee temperature reality by Anonymous Coward · · Score: 0
    Mickey D's was serving coffee within 10 degrees F of the temperature at which meat packing plants boil the skin off pigs.

    You are wrong. Here are the facts:

    Optimum coffee serving temperature: 185 to 200 degrees F (source. Coast Coffee)

    Boiling: 212 degrees

    McDonald's serving temperature that the frivolous lawsuit falsely said was "too hot": 180 degrees (5 degrees below optimum serving temperature. Also 32 degrees below the boiling point, not 10 degrees!)

    (You cannot boil pigs at 190 degrees. Your facts and/or math do not add up)

    1. Re:Coffee temperature reality by Brahmastra · · Score: 0, Troll

      Here's the tactic used by the lawyers to confuse the jury:
      Keep pointing out all temperatures in Farenheit, but when you want to make a hyperbolic statement such as "It was X degrees less than what they boil pigs at", use Celsius instead. Saying "10 degrees away from boiling pigs" is way more effective and dumbass juries who mostly wouldn't even have a high school education do not know the difference between celsius and farenheit.. and even if they did, they would lack the maths skills to interpret that information.
      Almost every lawsuit is a variation thereof and winning requires nothing more than exploiting the unbelievable dumbness of the jury

    2. Re:Coffee temperature reality by MuParadigm · · Score: 3, Informative

      "Optimum coffee serving temperature: 185 to 200 degrees F (source. Coast Coffee)"

      That's bonkers. 185-200 might be a good temperature to *prepare* the coffee, so it doesn't get scalded, but that's *way* too hot for drinking.

      I urge you to test this for yourself. Please take photographs, so we can all fall off our chairs laughing at your self-inflicted third degree mouth burns.

      140 degrees, give or take 10 according to taste and tolerance, is about the best temperature to serve coffee.

    3. Re:Coffee temperature reality by Anonymous Coward · · Score: 0

      With your mastery of tired recycled arguments dealing with the boring and the stupid, you probably imagine yourself quite the intelligent fellow.

    4. Re:Coffee temperature reality by MuParadigm · · Score: 1


      Hey, you're the one who brought up the tired and recycled "McDonald's Coffee Lawsuit Shows Stupidity of American Juries" motif. At least I think it was you, kinda hard to tell you AC's apart. You all look alike to me.

      What? You weren't expecting a response?

      Right.

    5. Re:Coffee temperature reality by Anonymous Coward · · Score: 0

      Could someone translate these temperatures into English? (degrees C) I can't understand a bloody word you're saying.

    6. Re:Coffee temperature reality by MuParadigm · · Score: 2, Informative


      Sure.

      212 F = 100 C

      180 F = 82.2 C

      140 F = 57.67 C

      In other words, "Tort Reformer AC" is arguing that 85 - 95 C is the proper temperature at which to serve coffee (185-200F), whereas everyone with common sense is telling him that's nuts, and that 50 - 60 C is probably a better temperature at which to serve coffee, although even that's a little too hot to drink. But we all prefer it a little on the hot side, cince it will cool down before you finish it.

      Actually, once you put it all into degrees Celsius, it becomes even more obvious how clueless "Tort Reformer AC"'s arguement is.

    7. Re:Coffee temperature reality by MuParadigm · · Score: 1

      Whoops. Math error.

      140 F = 60 C

      Not sure how I screwed that up. Anyway, it's a pretty small error and doesn't change much; the 50-60 C cited above is still the best serving range (131-140 C).

    8. Re:Coffee temperature reality by MuParadigm · · Score: 1


      131-140 F, not C.

      OK, I'm a typo-ridden doofus.

  15. A minor correction by Anonymous Coward · · Score: 1, Informative

    Fact one the coffee is no where near the boiling point, it was at 130 F almost hundred degrees cooler than boiling.

    The coffee in the lawsuit was 180 degrees, not 130 degrees. That is still well short of the boiling point, however (and within or below recommended serving temperature for coffee)

    For some odd reason someone in the Appeals court thought it was dumb to stick a cup of known hot liquid in your crotch and blame someone else when it spilled.

    And, for some odd reason, people here try to get us to forget this most important fact by trying to snow the issue with lies from ambulance-chaser web sites like Vanfirm.com

    1. Re:A minor correction by Anonymous Coward · · Score: 0

      That is still well short of the boiling point, however (and within or below recommended serving temperature for coffee)

      It maybe short of the boiling point but it is well into the range that causes burns. The pain threshold is near 50 C (Celsius). You cannot drink coffe that is considerably warmer than that.

      So to end this posting.

      You are talking out of your ass.

  16. I for one... by tuxette · · Score: 5, Insightful
    ...would like to congratulate Pamela Jones for a job well done. It's especially refreshing to see a woman who doesn't have some kind of techie degree so active in and passionate about the open source movement!

    Having a graduate degree in a funky fusion of computer science and law, I know all to well about the challenges involved in getting the geeks, lawyers, and everyone else, involved or not involved, to understand one another. It is a challenge to write and explain things in a way with a goal of getting as many people as possible to understand what is written and where the fewest people feel like they are being patronized, belittled, hearing "old news," etc. From what I can see (maybe others think differently), Jones does a good job in meeting that challenge.

    I hope to see other cases on Groklaw, in addition to all the SCO stuff, both from the US and the rest of the world. I'll be more than willing to contribute stuff. Just keep the site going!

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
    1. Re:I for one... by ir0b0t · · Score: 5, Insightful

      Pamela Jones' story inspires me. I struggle with technical topics, and her description of how she escaped MS in the law office by using knoppix and Mandrake was helpful to me. I'm not always sure whether the opensource community realizes how much it has to offer other professions --- esp. the legal profession which can (on bad days) be so adversarial that the benefits of more community-centered approaches to problem-solving are missed. ***

      --
      I'm laughing at clouds.
    2. Re:I for one... by Anonymous Coward · · Score: 0

      Having a graduate degree in a funky fusion of computer science and law...

      Just what we need - another legal parasite looking to book as much cash from IT as possible...

  17. Al Gore served hot coffee to Hitler by Anonymous Coward · · Score: 0, Funny

    You must be a nazi to argue that way. It is as bad as Hitler. You are a nazi who would send old ladies to hot coffee concentration camps. Al Gore did not invent the Internet so we could learn that in SOVIET RUSSIA, Apple users are ghay and *BSD is dead. I, for one, welcome our Al Gore overlords.

  18. The true power of Open Source work by ksp · · Score: 5, Insightful

    If the legal department of IBM ever doubted Open Source and that model of cooperation, I expect Groklaw has convinced them of the success you can achieve by free discussion. If I were an IBM lawyer I would check Groklaw several times every day and keep notes. I really believe Pamela Jones has made a difference that will work in favor of Linux. Thanks, PJ!!

    --
    What is the sound of one hand clapping?
    cat /dev/null > /dev/audio
    1. Re:The true power of Open Source work by MuParadigm · · Score: 2, Insightful


      Given IBM's citation of sources on Groklaw in the SCO case, I'm sure at least some IBM lawyers are checking Groklaw regularly.

    2. Re:The true power of Open Source work by Anonymous Coward · · Score: 0

      Never mind that Groklaw receives money and hardware from various parties who have a serious interest in the outcome of the SCO/IBM case...

  19. Photos by cnb · · Score: 0, Offtopic

    Now if only someone would post a link to some Pamela Jones photos

    - cnb

    1. Re:Photos by Anonymous Coward · · Score: 0

      It's been posted above and will put an end to your fantasies

  20. damn them! by relrelrel · · Score: 1

    They stole our award! Let's DoS them into oblivion..

    --
    --- any post that takes longer than 20 seconds to write, isn't worth writing
  21. Gimme your money! by Anonymous Coward · · Score: 0

    The damages awarded by the jury were ONE DAYS' profits

    So, it is ok to lie in court and steal money as long as it is just one day's worth? OK, let's cut out the middleman. Just give me one day's worth of your earnings, and we won't even have to bother with the frivolous lawsuit.

    1. Re:Gimme your money! by IM6100 · · Score: 1

      'Profit' is one of those 'liberal code words' for 'money that we sure hope some Robin Hood type character will show up to take away.'

      It's eeeeevile!

      --
      A Good Intro to NetBS
  22. They were unfairly treated by Anonymous Coward · · Score: 0

    The silly thing is that saying that McDonalds was unfairly treated

    They were unfairly treated. This lawsuit should have never seen the courtroom. Just because McDonald's abuses the court elsewhere does not excuse any sort of frivolous lawsuit activity.

    Another good example of this was when they sued private individuals in England for claiming that the food was not good

    That does not excuse totally unconnected "Waa Waa I Spilled Hot Coffee" suits. Injustice in one place does not excuse injustice elsewhere.

    A few big lawsuits are publicized to make the public believe that the suits are costing significant amounts of profits

    They are costing significant amounts in payouts and insurance, and are a major reason why we need tort reform to prevent it. Did you know that a high % of the cost of a ladder has to do with payouts and insurance because a few oafs climb high and lean out and fall off?

    Most of these are a result of the companies attempt to abuse the courts to hound customers into submission.

    But that does not excuse the ladder cases and the McDonald's coffee suit which are customers harassing the companies.

    1. Re:They were unfairly treated by IM6100 · · Score: 1

      Did you know that a high % of the cost of a ladder has to do with payouts and insurance because a few oafs climb high and lean out and fall off?

      That must be why stepladders are plastered with so many warning labels and 'stupid stickers' that they are more stickered up than the average NASCAR race car.

      I peeled all the stickers off on my stepladder. In case anybody here is 'working' their way through law school, come on over and fall off it. It's right out there in the back yard. The fact that I removed the stickers probably means some scum is entitled to boat payments from suing me.

      --
      A Good Intro to NetBS
  23. Maybe Pamela needs bodyguards by earthforce_1 · · Score: 2, Funny


    To protect her against the fanatical army of pro-SCO terrorists.

    (And every time groklaw gets /.ed, she can claim it was an attack from SCO zealouts)

    The only problem with this is that everybody knows what few techies they have left are probably too stupid to even know how to carry out such an attack.

    --
    My rights don't need management.
  24. Rather safe by Anonymous Coward · · Score: 0

    As long as you didn't accidentally spill it on yourself, in which case you required skin grafts and 10 days hospitalization.

    Not true. They sold tens of billions of cups and had only 700 burn incidents. They probably had thousands of spill incidents without burns.

    Sorry, dude, but you must be using a different dictionary for the phrase "perfectly safe" than the one I use.

    I'm using the one that means perfectly save. The coffee? 700 incidents out of over 10,000,000,000 cups sold. That's like 0.00000007%. If you think that is not safe, nothing is safe. Have McDonald's ban napkins because you can die if you stuff them into your nostrils and mouth.

    McDonald's heated it to over 180 degrees, possibly much higher, given the pressure it was kept under. Not the customer.

    No, it was 180 degrees, (not "much higher") as agreed in court evidence. That was how the customers wanted it, and it is on the low end of optimum recommended coffee serving temperature. The greedy old bat had bought and consumed this coffee several times before she spilled it into her crotch.

    And I'm not sure what universe you live in where 180 degrees is "well short of the boiling point",

    It's 5th grade science. Look up the boiling point. Do the math. You are talking a difference of 32 degrees. Hot, but no where near boiling.

    1. Re:Rather safe by Anonymous Coward · · Score: 0

      "Not true. They sold tens of billions of cups and had only 700 burn incidents. They probably had thousands of spill incidents without burns."

      That's the sort of thinking that got us Challenger and Columbia. If you only count the worst disasters as failures, then of course your success rate will be high.

    2. Re:Rather safe by MuParadigm · · Score: 1


      Not to mention that the number of customers complaining of burn incidents will most likely be a small fraction of customers experiencing burn incidents.

      Nor that the number of cups of coffee sold is likely a worldwide figure, where the complaint count is likely a US figure.

  25. Makes her case look even worse by Anonymous Coward · · Score: 1, Insightful

    She was in the passenger seat. I'm pretty sure that people in the passenger seat aren't considered to be "driving" the car

    That makes her case look even worse. She was so incompetant that she was able to endeavor to dump hot coffee into her lap when there was no other motion in the environment. I wonder if this lady ever heard of an amazing invention....cup holders!

    1. Re:Makes her case look even worse by IM6100 · · Score: 1

      Apparently there was even an empty cup holder right in reach that she wasn't using.

      Perhaps she was confused and thought it was an ejected CD-ROM tray from the 'Computer Training' she'd had at a public library course, where they'd told her to NEVER use that thing for a cup holder.

      It just goes to show that there's no reason to offer those 'Computer Literacy' courses at the library to litigious biddies.

      --
      A Good Intro to NetBS
  26. McDonalds Coffee is as tiring as Hitler by putamare · · Score: 0

    & the case should be added as a corollary to Godwin's Law.

  27. "grok" is from "Stranger in a Strange Land" by kclittle · · Score: 5, Informative
    ...by R.A. Heinlein. It's Martian for "understand deeply". I also personally believe that "geek" is Martian for "terribly attractive".

    --
    Generally, bash is superior to python in those environments where python is not installed.
    1. Re:"grok" is from "Stranger in a Strange Land" by gaijin99 · · Score: 3, Funny
      ...by R.A. Heinlein. It's Martian for "understand deeply".
      Well, not to get "I'm geekier than you", but "deeply" doesn't quite have the right emphisis. The root of grok was "drink", and metaphorically "to become one with". Which meant that grok, in the understanding sense, would mean to understand perfectly and completely.
      In an effort to avoid becoming completly geeky, I have avoided looking up the page number where Mike explans this :)
      I also personally believe that "geek" is Martian for "terribly attractive".
      If not martian it should mean that in some language. 'Course, I tend to think it means that in English; my GF is a geek too.
      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
    2. Re:"grok" is from "Stranger in a Strange Land" by Idarubicin · · Score: 2, Informative
      I also personally believe that "geek" is Martian for "terribly attractive".

      Main Entry: geek
      Pronunciation: 'gEk
      Function: noun
      Etymology: probably from English dialect geek, geck fool, from Low German geck, from Middle Low German
      Date: 1914
      1 : a carnival performer often billed as a wild man whose act usually includes biting the head off a live chicken or snake
      ...
      Actually, it's English for someone who bites the heads off live chickens. I suppose some people might find that terribly attractive. Or at least attractively terrible. Or something.

      Cheers to Merriam-Webster.

      I would prefer to be a nerd--at least they make better eating.

      --
      ~Idarubicin
    3. Re:"grok" is from "Stranger in a Strange Land" by Anonymous Coward · · Score: 0

      Here is the Jargon File entry.

    4. Re:"grok" is from "Stranger in a Strange Land" by irc.goatse.cx+troll · · Score: 1

      "Actually, it's English for someone who bites the heads off live chickens. I suppose some people might find that terribly attractive"

      Anyone who finds it terribly attractive would have such specialised tastes that you wouldn't have to worry about them leaving you for someone else.

      The same is mostly true for all of the lonely 'unique' types, too.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    5. Re:"grok" is from "Stranger in a Strange Land" by Anonymous Coward · · Score: 0

      I thought 'grok' came from a Kurt Vonnegut work (Breakfast of Champions), and had an ephemeral definition.

  28. Re:Grokking McDonalds Coffee Lawsuit FO by Anonymous Coward · · Score: 0

    Do I give a damn about that damned coffe? No!! I'm freaking tired of reading that crap, STOP GODAMNIT!, the reason why Growlaw is GREAT is 'cos its users and posters are civilized and well behaved people no sub-sub-monkeys with a keyboard nearby, can't slashdot get a kicking option? you know like: get rid of all the crap-posters around this place, this not only sucks it stinks. the childish/retarded/stupid/plain a$$hole posters here are the reason this site sucks, I'll never register here! and no I'm not new here and go 1,12,3, profit yer a$$.
    And posts with this kind of lang it's what I'm talking about.
    "Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated" by rand() heavy perl script nobody longer understands

  29. Re:Pfffffttttt by fermion · · Score: 5, Interesting
    A real lawyer would tell you what is probably legal and what is not if we assume certain things are true. For the sake of the case, and their client, they will assume that these facts are true.

    OTOH, a paralegal will try to discover what things are true and what things aren't. It is important to know the all the facts, even if all those facts are not presented in court. This is so the lawyer does not ask a question that might lead to unwanted introdcution of evidence. The skill of a paralegal is discovery of such facts. The only thing one can say is that the second skill of the paralegal may be the highlighting of wanted facts at the expense of unwanted facts.

    What is amazing is that the busiest person in most law offices is the paralegal. Long after the lawyers have left for a game of golf, the paralegals are winning the case.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  30. Do The Math by MuParadigm · · Score: 1

    "It's 5th grade science. Look up the boiling point. Do the math. You are talking a difference of 32 degrees. Hot, but no where near boiling."

    212 (boiling point) - 32 (freezing point) = 180

    180 (range of temperature in degrees farenheit)
    -32 (degrees below boiling point)
    ---
    148

    148/180 ~ 82% of the distance between freezing and boiling

    Yep, 82%. Still looks pretty close to boiling to me.

  31. Way too low by Anonymous Coward · · Score: 0

    140 degrees, give or take 10 according to taste and tolerance, is about the best temperature to serve coffee.

    That's about 40 degrees too low. Look up any resource concerning serving coffee (that has nothing to do with lying attorneys).

    "To maintain the freshness of brewed coffee's flavor, hold it at a uniform temperature between 175'F and 185'F in a closed and insulated container, without the application of direct heat."

    - Milk Creek 'coffee school'

    1. Re:Way too low by MuParadigm · · Score: 1


      And to maintain the freshness of steak, store it in a freezer or hold it at about 40 degrees farenheit if planning to prepare that day.

      But I wouldn't want it served that way, unless I was going for the steak tartare.

    2. Re:Way too low by Rich0 · · Score: 1

      Do you own a house with a hot water heater?

      If so, note that the heater's thermostat probably doesn't even go up to 180F. Try setting your heater to as close to that temperature as you can achieve. Then the next day turn on the hot water on full blast in the shower and get in. Note the nice lobster-like complexion of your skin. That sensation that feels like you were immersed in boiling oil is just what it feels like... I recommend having called 911 10 minutes before getting in to ensure that the paramedics are already near to your home.

      180F may very well be a good temperature for preparing or storing coffee. But it isn't a good temperature for drinking it, and it isn't a good temperature for handing it to somebody who is sitting down in a car where they are prone to drop things...

  32. Only 700 burn incidents by Anonymous Coward · · Score: 0

    Not to mention that the number of customers complaining of burn incidents will most likely be a small fraction of customers experiencing burn incidents

    The only ones there are evidence of are the 700. There is no evidence of any others, so there is no reason to believe "the small fraction" part. which you are pulling out of thin air. You are doing the "the real numbers are so low, so I'll pad it with made-up stuff even though there is no support at all"

    Nor that the number of cups of coffee sold is likely a worldwide figure, where the complaint count is likely a US figure.

    The coffee sold figure is a worldwide figure.

  33. Coffee safe, shuttles not by Anonymous Coward · · Score: 0

    "Not true. They sold tens of billions of cups and had only 700 burn incidents. They probably had thousands of spill incidents without burns."
    That's the sort of thinking that got us Challenger and Columbia.


    Huh? Do the math. That's a burn incident rate of something like 0.00000007%. If the shuttles were as safe as McDonald's coffee, we could keep flying the things as we did during the 1990s and reasonably expect one to blow up somewhere around the year 12,654 AD.

  34. To Avoiding the Mickey D Coffee Thread Below by MuParadigm · · Score: 1

    ... set post threshold to 1, and reparenting to off.

  35. OMG... by Anonymous Coward · · Score: 0

    For personal pleasure, I always turned to GNU/Linux

    d00d, did she just say GNU/Linux??

    1. Re:OMG... by Anonymous Coward · · Score: 0

      ...and did she just say "For personal pleasure"?

    2. Re:OMG... by Anonymous Coward · · Score: 0

      For personal pleasure, I always turned to GNU/Linux

      d00d, did she just say GNU/Linux??


      Yes, must be the new GNU/Linux Dildo Distro.

    3. Re:OMG... by Anonymous Coward · · Score: 0

      Hey, That is PJ you are talking about....
      That other you mentioned works at Yanqee Groupe....

  36. a question I wish had been asked by scons · · Score: 4, Insightful
    In addition to asking, "What are the three things you like best about open source software?" and "What are the five things you dislike most about proprietary software?" I really really really wish the interviewer had asked, "What are the N things you like least about open source software?"

    Jones is a savvy user, and her ideas for what needs improvement would be valuable, provided we listen and react to input such as hers. The props are nice, but don't help identify what we need to improve as much as good, honest feedback does.

    On the whole, though, a pretty good interview...

  37. Re:Pfffffttttt by LL · · Score: 1

    >OTOH, a paralegal will try to discover what
    >things are true and what things aren't. It is
    >important to know the all the facts, even if all
    >those facts are not presented in court. This is
    >so the lawyer does not ask a question that might
    >lead to unwanted introdcution of evidence.

    What is the role of a lawyer? ... Advocacy (when acting as barrister in court).

    They are the in the guise of hired guns. But the paralegal is manufacturing/loading the bullets (facts). In the modern-day trial by litigation (adversial approach as compared with European inquisitional), shootouts require both the {issue, question} of {facts, law}. IP is particularly complex in that you also toss in contracts/licensing and sometimes anti-competition/pro-business policy. Given that you're trying to convince intelligent but not necessarily expert people/judges, attempting to do a snow job on the facts to obfuscate the real questions can backfire. If people were persuaded by the clarity of arguments rather than the legal procedures, I suspect there would be less litigation. A good paralegal can supply pertinent background that can help experienced lawyers guage the likelihood of success and thus advise their clients accordingly.

    LL

  38. Re:Who IS Groklaw by Anonymous Coward · · Score: 0

    This is a lie. Just wanted you to know I saw it. Telling lies about people in public is a very fine way to get sued.

    Groklaw has absolutely no connection to IBM. I know because I am PJ.

  39. Never mind by Anonymous Coward · · Score: 0

    Duh! groklaw.net is hosted at ibiblio. Of course it is in Carolina. Back to square one.

  40. Analogy by blair1q · · Score: 1

    The SCO case is to wannabes what the Condit case was to trailer trash.

  41. FOSS Spirit Spreading by rjamestaylor · · Score: 5, Interesting
    Funny either way you interpret it.

    Slashdot was (not at the expense of _is_) extremely influential in the beginning of widespread Open Source adoption among technologists and future-technologists -- Slashdot helped the up-coming generation of developers, admins and destined tech-management types to understand and appreciate Open Source. When I was in my late teens (early/mid 80's) Microsoft was cool, Apple was a religion and IBM was the "Big Brother" Monopoly. Since, oh, the late 90's the tide changed so that Microsoft is the "Big [DRM] Brother" Monoploy, IBM is cool and Apple is a religion (some things don't change). Slashdot was pivotal for this generational mindshift. Face it, the real victory with Open Source/Linux isn't measured by server installations or stock market capitalization alone; the compelling trend is the number of developers adopting the Free platform. Stunning, because a major component of business technology decisions is available talent pool. This is one reason VB/ASP, inherently brain-damaged, were so popularly implemented; better technology existed but there was no end of available developers (hence, Balmer's love of developers).

    Groklaw provides a different purpose. FOSS is no longer in its infancy or adolescense. Proprietary software can not reasonably claim that FOSS is insecure, under-performing, amatuerish, or unproven. Proprietary software is on the defensive on those fronts; the technological hurdles have been jumped. Proprietary software has shifted to fight for its survival and relevancy based on fears of litigation and regulation. IP infringement worries, singled out in 2002's Halloween document (IIRC), was the biggest concern on business leaders' minds so we have SCO vs. IBM (which is a legal case primarily to give pretext to SCO slandering Linux and its developers in public). Not a coincidence. To counter this broadside, as proprietary software vendors must have hoped, the loosely banded FOSS community would have to pay for serious legal representation which it had no structure to begin to afford; akin to Walmart suing Joe And Betty's Corner Mart and Bovine Rendering Plant -- no contest.

    What happened was two-fold, and I bet proprietary software antagonists behind SCO vs IBM were caught off-guard. First, IBM didn't do the less expensive alternative and settle with or buy out SCO, but chose to fight this fight. Also, Redhat didn't sit this one out in order to protect its necessary profit margins, choosing instead to answer SCO's slander and FUD with its own suit. Businesses don't like to litigate when it is cheaper to settle, thus the surprise.

    Second, the community didn't just flock to Slashdot and bitch about how SCO sux, nor did it mount DDoS attacks against SCO (which would have brought the wrath of public condemnation against it, as SCO must have hoped, since they obviously had prepared Press Releases for such an occasion; the DDoS attacks SCO did experience were not community based, and, in fact, the community worked to stave off such attacks). Nor did the community just rely upon RMS (notably silent, BTW), ESR, Bruce Perens and many other FOSS heavy weights to answer SCO's charges (though their input is important). What happened was unexpected and in the truest spirit of Open Source: a beneficiary of Open Source development offered her special skills to solve a threat against the community which earned her appreciation. Groklaw was born: Open Source, community-based legal research and analysis, lead by Pamela Jones. She has donated her expert skills, time, sweat, and resources. Moreover, others who appreciate FOSS have donated their expertise, time, resources, as well bring clarity to the fuzzy fog of FUD from SCO and others who would destroy Free and Open Source Software. The community has accepted her as the maintainer of this project, much as it accepts the maintainers of technical projects. As a result the legal briefs and backgrounds along with the quotes from all parties in the press and media are available for public scrutiny. Indeed, this resource

    --
    -- @rjamestaylor on Ello
    1. Re:FOSS Spirit Spreading by Ohreally_factor · · Score: 5, Interesting

      Excellent analysis! A few things bear emphasis:

      As important as the reprinting of legal documents, press releases, articles, etc., are both the commentary and the research. The documents are very important, of course. The anti-FUD campaign relies on having a central repository, a searchable database. Indeed, much effort has gone into transcribing PDF documents so that they might be more easily searched. Kudos to the selfless volunteers.

      The commentary is important because it allows those with a legal background to explain the finer points of the law, and those with a technical background explain some of the complexities of the code. In other words, we compare notes.

      The research is important because facts are being uncovered that might otherwise be passed over. Assertions made by SCO can be countered with a multitude of facts, facts which are gleaned by volunteer researchers poring over old mailing lists.

      The last thing that I think should be emphasized, you put thusly, "Indeed, the Open Source community is spreading outside the domain of technologists into other disciplines." There is precedent for this method in Academia, but Academia has always been somewhat aloof from the rest of society. Or perhaps it's the other way around. At any rate, Open Source is a cultural phenomenom, not just a development method. It truly is a social movement, one that is idealistic and practical at the same time. It's a paradigm shift, and Groklaw is a manifestation of that.

      If Open Source is viral, it is viral in the sense that it is invading our culture, and changing it. I don't believe that it will lead to an overthrow of capitalism, but I do think it will counter balance capitalism and de-emphasize the capatislist marketplace as the be all and end all.

      Anyway, I could go on, but I've yakked enough.

      --
      It's not offtopic, dumbass. It's orthogonal.
  42. Pass on Edwards by baomike · · Score: 1

    I think most people already have.
    Clark and Dean is the contest for the Caorlinas.

    I hope it is not decided before the Carolinas
    primary. A lively debate would do some good.

    mike

  43. More SCO updates than slashdot by Lurker+McLurker · · Score: 1

    Groklaw has become an indespensible site for geeks who need even more SCO updates than even /. provides

    Don't most SCO updates on /. come from Groklaw?

    Hope both sites keep up the good work in 2004 and both post the headline "SCO case thrown out of court" soon.

    --
    Mod parent up!
  44. Re:Who IS Groklaw by IM6100 · · Score: 1

    So you're going to sue slashdot to get their IP logs and track down this feller to sue him?

    Wow! That's gonna really help you build your cred in this community.

    --
    A Good Intro to NetBS
  45. Re:Who IS Groklaw by Ohreally_factor · · Score: 1

    Oh, brother. Oh, sister, as well. This is a huge amount of FUD and misrepresentation of facts. Should be modded as either -1, troll or +5, funny.

    Don't you feel shame for lying like that?

    --
    It's not offtopic, dumbass. It's orthogonal.
  46. Re:Pfffffttttt by IM6100 · · Score: 1

    You copied that from blurb text of the brochure you got in the mail when you sent in the 'Find a Career In The Legal Profession' matchbook cover, didn't you?

    Reminds me of the old 'Get Rich Doing TV Repair' back cover ads on Popular Mechanics magazine.

    --
    A Good Intro to NetBS
  47. Re:Who IS Groklaw by Ohreally_factor · · Score: 1

    No, you're not PJ. If there is one thing I know about PJ, it's that she wouldn't post something here as an anonymous coward.

    --
    It's not offtopic, dumbass. It's orthogonal.
  48. Idiot by Anonymous Coward · · Score: 0

    "...If so, note that the heater's thermostat probably doesn't even go up to 180F. Try setting your heater to as close to that temperature as you can achieve..."

    This is why coffee pots exist. If you could make coffee with hot tap water, you would not need them.

    180F may very well be a good temperature for preparing or storing coffee. But it isn't a good temperature for drinking it

    Yet, it is an excellent. They have sold billions of cups at that temperature, with no consumption problem (except for 700 abberations)

    and it isn't a good temperature for handing it to somebody who is sitting down in a car where they are prone to drop things...

    The dropping is entirely the droppers fault

    1. Re:Idiot by MuParadigm · · Score: 1

      "This is why coffee pots exist. If you could make coffee with hot tap water, you would not need them."

      Have you ever seen the inside of a hot water heater, after it's been in use a couple of years? It's disgusting.

      Trust me, you don't want drink hot water from the tap.

    2. Re:Idiot by smash · · Score: 1
      Have you ever seen the inside of a hot water heater, after it's been in use a couple of years? It's disgusting.
      Along the same lines... where do you think all that scum comes from? Thats right, your water supply.

      If you're not going to drink hot tap water (which, considering it has left deposits in your water heater, is probably cleaner than cold), you should stop drinking cold tap water also.

      Just something to think about.

      smash.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  49. We can end the McDonalds lawsuit discussion by Anonymous Coward · · Score: 0
    We can end this discussion when

    We have tort reform so such silly and frivolous lawsuits never reach court.

    The greedy old bat who filed the suit pays back all her ill-gotten gains, plus court fees for McDonalds.

    McDonald's is allowed to raise the coffee temperature to the optimal serving temperature the customers always preferred (but are not getting right now due to the frivolous lawsuit)

    1. Re:We can end the McDonalds lawsuit discussion by Anonymous Coward · · Score: 0

      Actually, we can end this conversation when you stop making completely bonker assertions as to the proper drinking temperature for coffee.

      Do some research on this, and come back. I did, and found the 185 degree recommended serving temperature from coffee-fan web sites. What part of "blatantly obvious facts" do you not understand? Do you really invite your guests over and serve them cold coffee?

    2. Re:We can end the McDonalds lawsuit discussion by Danious · · Score: 1

      OK, stupid, lets take this slowly. 185F is the recommended SERVING temperature, i.e. for the coffee to come out of the coffee machine, or to store the coffee so it keeps best up to the point of SERVING. SERVE != DRINK. Drinking temperature is considerably less, unless your name happens to be de Sade and you get your rocks off on 3rd degree burns.

      I'd like to see your scull a whole fresh-poured cup of 185F coffee. Like you already said earlier, people sip until it passes the tounge temperature test. The thing about a sip is that it is a small amount, and will cause a minimum of damage before cooling to an acceptable temperature, minimising the risk. Any med student will tell you that pouring 185F liquid onto human skin has a 100% burn risk factor.

      You, in fact, are using one of the favourite tactics of those scum-bag lawyers you say you so detest, keep repeating a single fact that happens to be true ad-nasuem no matter that IT DOESN'T APPLY HERE!!!

      Go away.

      P.S. Not that I have any sympathy with the woman concerned, what kind of moron sits a hot cup of coffee in a dodgy styrofoam cup between their legs... Oh, yeah, that would be me :-) No, for real, I did exactly the same thing once (with a REAL coffee, mind you, not that McD's crap), but did I sue??? No, I accepted that I was a moron and got on with my life...

  50. If you can't stand the trolls by Anonymous Coward · · Score: 0

    If you can't stand the trolls, get out of the cave.

    If you don't like hot coffee, don't buy it. (Don't expect to get rich by lying in the courtroom cuz it hurts when you spill it in your crotch).

    If you don't like Slashdot, there is always www.ilovemicrosoft.com. They'll welcome you there.

  51. Try a REAL argument next time by Anonymous Coward · · Score: 0

    Actually, once you put it all into degrees Celsius, it becomes even more obvious how clueless "Tort Reformer AC"'s arguement is.

    Are you turning this into Celsius to try and confuse things? Convert your argument back to degrees F and try again.

    the proper temperature at which to serve coffee (185-200F), whereas everyone with common sense is telling him that's nuts, and that 50 - 60 C is probably a better temperature at which to serve coffee

    No, everyone with common sense knows that 140 degree F coffee is too cold. Do some research on some coffee sites, to check the optimal serving temperature. There is a big lack of common sense on the pro-frivolous-lawsuit side at this time.

    1. Re:Try a REAL argument next time by MuParadigm · · Score: 0, Offtopic

      "Are you turning this into Celsius to try and confuse things? Convert your argument back to degrees F and try again."

      Uh, no, I was doing it because someone from the UK asked us to, so they could understand the arguments better.

      Interesting, though, that you think translating the argument to Celsius weakens it. Are you sure you should be posting on a tech. site if translating between Celsius and Farenheit threatens you that much?

      On the other hand, you think that drinking 180 degree Farenheit (82 Celsius) coffee is a safe thing to do.

      Whoa, I just realized something. You're not very smart.

  52. 140 degrees is cold, in coffee terms by Anonymous Coward · · Score: 0

    I urge you to test this for yourself. Please take photographs, so we can all fall off our chairs laughing at your self-inflicted third degree mouth burns

    Better yet, Hey McFly! Take the time machine back 15 or so years to the heyday of nice hot pre-lawsuit coffee. Go to McDonalds. Better yet, go to the one related to the frivolous lawsuit. Show up about 7:30 in the morning, sit in the parking lot. Watch all those hundreds buy the nicely hot 180-degree coffee and take it away and drink it with NO problem at all.

    If you want, we'll give you Superman's X-ray vision so you can examine their crotches and lips for burns later in the day. (after this experiment, you'll probably want to keep this ability for personal use).

    The next day, we can order management, somehow, to serve it at 140 degrees (cold coffee). Now watch the drive-up line become a revolving door as everyone who buys coffee drives back because it is too cold.

    Coast Coffee knows coffee. You do not.

    1. Re:140 degrees is cold, in coffee terms by MuParadigm · · Score: 1

      "Take the time machine back 15 or so years..."

      Umm, sorry, but I think my sugestion is a little more realistically achievable than yours.

      You know, the funny thing is, if you check out facts on this case, as presented in court, even McDonalds admitted that coffee at 180 degrees was too hot to drink and would cause 3rd degree burns. They didn't want to change the holding temperature, not because it was drinkable at 180 degrees (they admitted it wasn't), but because they felt most of their customers weren't drinking it until they got to work.

    2. Re:140 degrees is cold, in coffee terms by Anonymous Coward · · Score: 0

      You know, the funny thing is, if you check out facts on this case, as presented in court, even McDonalds admitted that coffee at 180 degrees was too hot to drink and would cause 3rd degree burns

      McDonald's attorneys are not perfect, they should have in any case been able bounce this totally meritless case from the courts. The fact remains that they served 180degree coffee (the recommended temperature) and everyone* was able to consume it with no problems.

      but because they felt most of their customers weren't drinking it until they got to work.

      Many do, and many drink it earlier (testing it to see the temperature). In either case, the incident rate shows that no-one* had a problem with the coffee.

      That is, until the lawsuit forced McDonald's to sell cold coffee. Then the complaints increased.

  53. Degrees of Risk by Anonymous Coward · · Score: 0

    I really don't understand this way of thinking. Do you just not understand the concept of degrees of risk?

    Degrees of risk? Must be -270 Kelvin in this one: billions of cups sold, 700 burn incidents (a risk factor of something like 0.00000007%).

    you admit that at some point McD's takes responsibility

    There is nothing to admit: McDonald's has no responsibility in this. They did not spill the coffee.

    But how on earth could she or anyone else know the insane temperature they sold her the coffee at?

    Because it was revealed in the court that this same lady had purchased coffee at the SAME McDonalds at the SAME temperature many times before. She knew the "sane" temperature from experience.

    If I knew coffee that hot was being sold to me I'd refuse it

    Almost no coffee-drinker would. You must either not drink coffee, or you prefer ice-cold Frappucino's.

    It's called risk analysis, and McD's misled her by introducing a variable which a reasonable person WOULDN'T expect.

    It was quite safe. Look at the danger rate.

  54. No, it is stupidity of legal system by Anonymous Coward · · Score: 0

    "McDonald's Coffee Lawsuit Shows Stupidity of American Juries"

    That is not my point. I believe it shows the flaws of wasted time and injustice in the court system. Such cases (where someone does something to themself but sues someone who has nothing to do with it) should be quickly tossed out so they don't take the time of a judge OR jury. Tort reform where someone attempts this kind of robbery gets jail term would do a lot to improve the situation.

  55. Groupthink by Overly+Critical+Guy · · Score: 1

    Since, oh, the late 90's the tide changed so that Microsoft is the "Big [DRM] Brother" Monoploy, IBM is cool and Apple is a religion (some things don't change). Slashdot was pivotal for this generational mindshift.

    Essentially, what you are admitting to here is the massive, biased groupthink that goes on. Have people already so easily forgotten IBM's past sins? Oh, they've adopted Linux, so let's welcome them into our arms with praise on Slashdot! It's sheep-like.

    Second, the community didn't just flock to Slashdot and bitch about how SCO sux, nor did it mount DDoS attacks against SCO (which would have brought the wrath of public condemnation against it, as SCO must have hoped, since they obviously had prepared Press Releases for such an occasion; the DDoS attacks SCO did experience were not community based, and, in fact, the community worked to stave off such attacks).

    I guess you missed all the posts endlessly bitching about SCO or linking to some page on their website and saying "Click here, and be sure to refresh it several times to make sure you're up to date," modded up as Funny, of course.

    Pay It Forward is not just a cute ideal, its' the underlying concept of the FOSS community -- enjoy the fruits of my labor and in return benefit others.

    Much like communism--and I say this with no intent to troll, because communism in itself is not bad, but the implementations of it in the past have been--it has very positive and workable ideas that are good ideas, but it is bogged with politics and, well, human faults that hinder its progress. I fully expect Linux users in 5-10 years to be still be trudging along with X and KDE and proclaiming the benefits of 20 or so windowing libraries and ways to do things. There is a fear of consolidation that I disagree with, because it has spread a lot of energy thin which could have been concentrated into lesser but much more effective projects.

    I really hope that changes this decade.

    --
    "Sufferin' succotash."
    1. Re:Groupthink by Anonymous Coward · · Score: 0

      Software has nothing to do with communism. The free software/open source development model is just the scientific method applied to software, nothing more, nothing less. It's the same method your doctor uses to keep up to date and researchers the world over have used forever... They use it because if you share what you know with others, they know things you don't and sharing puts you both ahead. The proprietary model, on the other hand, forces both to reinvent the wheel. It's really that simple.

    2. Re:Groupthink by Anonymous Coward · · Score: 0

      Communism wasn't about one giving to others out of appreciation of the labor of another but about outlawing private ownership of property. FOSS doesn't restrict private property rights, in fact it not only upholds but depends on an authors copyright. Further, it is not a coordinated effort according to some committee's 5 year plan but is a dynamic grouping of interested parties contributing according to their ability. And it is self-policing; if politics or personal dynamics get in the way of progress, the group 'dynamites' and another forms. Furthermore, in two years today's Linux users will be outnumbered by mainstream Linux users who will benefit from the sword-sharpening occuring on mailing lists today. Innovation isn't pretty, nor is culinary arts in the kitchen.

      Call it groupthink, mindshare, mainstream opinion, public perception, Zeitgiest, or whatever, but the fact is that businesses make decisions based on large-scale trends. Why was COBOL so popular to businesses? Technological specifications or availability of COBOL programmers trained as such in business data processing programs? Besides, non-conformists tend to be the biggest groupthinkers. Think about it.

      And, please, "click here" posts are nothing compared to a DDoS attack. A DDoS attack is at least an order of magnitude greater than a Slashdotting. Get real.

    3. Re:Groupthink by Anonymous Coward · · Score: 0

      There was evidence to prove that OverlyCritical Guy is a lying cocksucker, but he deleted it. Think independently.

  56. Communism is not bad unless implemented. by Anonymous Coward · · Score: 0

    because communism in itself is not bad, but the implementations of it in the past have been--it has very positive and workable ideas that are good ideas, but it is bogged with politics and, well, human faults that hinder its progress

    So, in other words: "Communism is not bad, except when you implement it". I agree with that! However, it has no "positive and workable" ideas any more than Nazism does, unless you count trivial things like "making the trains run on time"

    [communism] ...and, well, human faults that hinder its progress

    In other words, it doesn't work with humans. Sounds about right.

    1. Re:Communism is not bad unless implemented. by Anonymous Coward · · Score: 0

      Wow, way you to prove you're totally unable to think for yourself there, buddy. Comprehension isn't a terribly difficult skill to pick up. Give it a try sometime!

    2. Re:Communism is not bad unless implemented. by Overly+Critical+Guy · · Score: 1

      In other words, it doesn't work with humans. Sounds about right.

      Some might say the same about American Democracy. You take the good with the bad and try to work with what you get.

      --
      "Sufferin' succotash."
    3. Re:Communism is not bad unless implemented. by Anonymous Coward · · Score: 0

      Some might say the same about you. You take the assraped motherfucker with the pussyfaced turd of a moron and..wait...No, my mistake. You are a complete fucktwat.

    4. Re:Communism is not bad unless implemented. by Anonymous Coward · · Score: 0

      There was evidence to prove that Overly Critical Guy is a lying cocksucker, but he deleted it. Think independently.

  57. No by Anonymous Coward · · Score: 0

    No, just very well informed about the history of communism, that is all. The results have been nothing but disastrous, and its ideals have had no connection with reality.

    1. Re:No by Anonymous Coward · · Score: 0

      Which is an implementation problem. There is no dispute that Communism has failed in history. Communism was described as the natural step after Capitalism. Russia, China, and the others were trying to force Communism prematurely, and then violate human rights by enforcing it.

      You've been listening to 1960s American propaganda about Communism for too long. Take your head out of the clouds and read up on what Marx said.

    2. Re:No by Anonymous Coward · · Score: 0

      and the others were trying to force Communism prematurely

      This is making the assumption that there is ANY time for it. Buying into Marx's mythology which has as much to do with the real world as the Norse myths. Wait for Ragnarok, wait for the "natural evolution of the dialectic of history": all the same.

      You've been listening to 1960s American propaganda about Communism for too long. Take your head out of the clouds and read up on what Marx said

      My main source on communism is indeed Marx, Mao, Lenin, and Stalin. I had some American 1960s books on communism and threw them out. It is an implementation problem AND a problem with something that is severely flawed to begin with (Marx had little idea about much of what he wrote).

    3. Re:No by Anonymous Coward · · Score: 0

      Let me jump in. Hey, I did not listen to American propaganda about Communism. I grew up in a Communist country. I had to study Marx, Engels and Lenin in school and university. I was a curious guy, so I did a lot of reading outside of the narrow strip of thir writing used by the goverment propaganda.

      The only good thing about Marxism I can say is that Marx's philosphy (metaphysics) is interesting. Their (with Engels) whole economic theory is bullshit, and their social theory is... well, dangerous. A lot of people believe that Communism was designed as a community of equals. But this was just a "marketing slogan". If you read their more detailed descriptions, you see an inflexibly hierarchical structure, with ones on top having total power over the lesser ones. Of course on paper the "goverment" (at the Socialist stage) or the "people" (at the Comnmunist stage) would only use this power selflessly for the good of their subjects. A bit naiive, would not you think? They addmitted that not everybody would like such a system, and proposed ways of dealing with people who does not like it. Please read for yourself...

      After reading Marx and Engels I was quite happy that the "implementation" was not perfect. Lenin, Stalin and Mao created a very soft version of Socialism, you may call it Socialism with a human face. Pol Pot was a bit closer to the real Marxist ideals, but even his implementation was not brutal enough. He only murdered about 20% of population, for the real Communism I don't think it is enough.

      So I think that Communism is flawed by design, not implementation. And it is a very dangerous idea, because it gives a "good excuse" for people with hunger for unlimited power. ... And about this argument that Communism was only implemented in underdeveloped agrarian countries, not well-developed Capitalistic ones --- what's about East Germany? I guess Germany was quite developed, and Chechoslovakia was not bad either...

  58. The pro-SCO terrorist site? by HiggsBison · · Score: 1
    Is there a backslashdot.org?

    Impeccable spelling and grammer?
    Active sex lives?
    Proper literary quotes, instead of HHGG and the Simpsons?
    Fit bodies and sound personal hygeine?

    The brain reels at the mere thought...

    (Oh! ... and no obscure Firesign Theatre sig lines, either!)

    --
    My other car is a 1984 Nark Avenger.
  59. Communism: not good on paper or in application. by Anonymous Coward · · Score: 0

    Some might say the same about American Democracy. You take the good with the bad and try to work with what you get.

    Except with communism (theory and praxis) there is precious little good to work with. It is quite similar to Nazism.

  60. Again, try a REAL argument next time by Anonymous Coward · · Score: 0

    Interesting, though, that you think translating the argument to Celsius weakens it.

    It is because it takes us onto a tangent where translation is necessary. It is the same thing done with the lying attorneys who won the case, when they shifted to celsius to make the distance to the boiling point much lower than it actually was.

    On the other hand, you think that drinking 180 degree Farenheit (82 Celsius) coffee is a safe thing to do

    So do McDonald's coffee customers.

    Whoa, I just realized something. You're not very smart.

    A lot smarter than you. Smart enough to realize that if you do something, it is your own fault. Smart enough to realize that a product purchased and consumed 10+ billion times with only 700 burn incidents is "pretty damn safe". Smart enough to realize that pouring coffee into your crotch is downright dumb.

    What part of "blatantly obvious facts" do you not understand?

  61. Communism does not abolish private property by Anonymous Coward · · Score: 0

    Communism wasn't about one giving to others out of appreciation of the labor of another but about outlawing private ownership of property

    Communism does not abolish private property. Rather, private property becomes the exclusive privilege of the dictators.

  62. Sun Microsystems by sparkz · · Score: 1
    Excellent interview - thanks, Linux Planet.
    On the last page, though, Sun get thrown in with MS again, for being "the other licensee".
    This is not a particularly clear-thinking view:
    • Sun, as a Unix developer (unlike MS) have a legitimate reason for licensing UNIX from the current holders, and making sure they've got everything they need for their future plans.
    • Those plans, as claimed by Sun, is to improve Solaris on the x86 platform and beyond (yes, even getting to SCO's level of support for some hardware would be an improvement :( and for a big corp it's quicker to buy it than to write it). With big development around Opteron, wasting time working on a 3COM 3c5x9 driver would be stupidity. Buy the thing and be done with it. Given Sun's other (Linux) plans, this was not a smart move politically with the slashdot crowd, but this seems like a purely corporate move, without moving far enough down the ladder to check it out with techies first. Such decisions tend to be made by management, not techies. Then again, Sun's Linux strategy is currently aimed more at CEOs than geeks, too. They're the ones who make the big (500k desktop) type decisions which Linux needs.
    • Sun have made the biggest move of anyone out there (especially including IBM, who make money selling MS software) to kill Microsoft Windows - planning to reduce the software business from $20b to $3b, by actually pushing a Linux-based desktop out there to genuine enterprises and governments.
    I'm not at all convinced that saying "MS and Sun licensed UNIX from SCO recently" leads to "MS and Sun have even remotely similar views on the industry".
    --
    Author, Shell Scripting : Expert Re
    1. Re:Sun Microsystems by DaveAtFraud · · Score: 1

      I don't think that Sun has ever really figured out exactly what to do with the x86 platform. They have tried to both have their own hardware (Cobalt servers) and provide a platform neutral software solution (Solaris for x86) as well as provide a Linux solution (we tested my employer's product on a Sun Cobalt server with Sun's OEM version of Red Hat - called White Rabbit - about a year ago). None of these initiatives have been that successful in either market share or revenue.

      You may be right that they simply picked an opportune momment to get a license to SCO's platform specific stuff in order to build up Solaris x86. This would fit with their strategy of Linux for entry level, Solaris on x86 for the next step and Solaris on SPARC for the top end. In order for this to work, Sun really needs to make a case for Solaris and SPARC being a better return on assets than the comparable dollars will get with Linux on Intel. So far, they haven't been that successful at making this case. Likewise, Sun doesn't seem to have the service organization IBM has to compete as a service provider for their Linux solutions which means they have a real problem.

      I used Sun hardware running SunOS and Solaris from the early to late 90s and I've seen what it could do. I doubt if Sun has been sitting still but they really need to make the case that they can provide "more bang for the buck" if they're going to survive.

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    2. Re:Sun Microsystems by Anonymous Coward · · Score: 0

      Sun, as a Unix developer (unlike MS) have a legitimate reason for licensing UNIX from the current holders, and making sure they've got everything they need for their future plans.


      Microsoft licensed UNIX for Services for Unix, you twat. It wasn't simply a war fund donation, just as Sun's action wasn't.

    3. Re:Sun Microsystems by sparkz · · Score: 1

      SfU has existed for years, and does do more than include some GPL code (as I originally thought, 2 years ago), but what reason have they for relicensing now?

      --
      Author, Shell Scripting : Expert Re
    4. Re:Sun Microsystems by sparkz · · Score: 1

      I think you're right; Sun's x86 strategy has been all over the place before Linux even came into the picture.
      With JDS, they are finally getting that they can do the sums (the analysts knock them for doing only high-level stuff, the customers knock them for ignoring Linux) - remain one of the few high-end server companies, and get the so-called "volume" market (high volume, low margin, which Sun don't like) together. Translation of Marketing Buzzwords: JDS=Java Desktop System; JES=Java Enterprise System - ignore the names (particularly the word "Java"); JDS=Desktop, JES=Server A few hundred or thousand desktops (JDS) with a few (JES) servers behind them, actually fits in with Sun's 20-odd-year-old strategy pretty well - "the network is the computer." A few big servers, a few thousand manageable clients. Sounds good to me, as a vendor, sysadmin, user, etc... and no MS licensing. Clear prices for the lot.

      --
      Author, Shell Scripting : Expert Re
    5. Re:Sun Microsystems by Anonymous Coward · · Score: 0

      The threat of SCO getting litigious on any fortune 500 company that breaks wind in the direction of Unix? Everyone seems to forget that Microsoft has been bitten by the SCO bug before...

  63. questions *I* wish had been asked by Anonymous Coward · · Score: 0

    Where does the funding for Groklaw come from? Who provides the serious amounts of hardware for Groklaw? Isn't Groklaw just another yes-man in the OSDN's ongoing propaganda war?

  64. Groklaw != Greplaw by NoData · · Score: 1


    Anyone else get these two sites confused?

  65. Dennis Kucinich by Anonymous Coward · · Score: 0

    No, Dennis is in the pockets of a left-wing totalitarian fringe. Thankfully, he is so far out of the mainstream that the Democrats even can barely bring 1% to support him.

    He is no friend of the MPAA/RIAA. He'd probably have all copyrights seized and held by the government.

  66. Mistaken reading by j_w_d · · Score: 1

    ...Second, the community didn't just flock to Slashdot and bitch about how SCO sux, ...

    The operative word there is "just." The implication is that the community did MORE than just complain. Concerning "communism" the effects we see in /. and Groklaw have little to do with either Marx's ideas of collectivism or his ideas about economics. These effects reach far beyond anything Marx could have imagined. We see the barest outline of an unanticipated property made possible through the ability of people to communicate and organize through the internet.

    SCO attempted to use the "big lie" approach to achieve its intents. What the present owners of the TSG and their backers (represented by commentators such as Yankee Groups DiDio) did not anticipate was that interested parties could counter their "big lies" so effectively and quickly with "big facts." The internet makes available historical information about the development of unix, Linux, and the legal histories of SCO, Caldera, TSG, IBM, Novel and other movers and shakers that would be impossible to fully access, let alone properly employ in any vision of the future Marx had, or for that matter, the owners of SCO and the Canopy Group.

    Groklaw reflects the crystalization of a group of interested researchers, users and legally knowledgeable individuals around an issue that really falls within the realm of law rather than software. It reflects serious effort to collect, analyze and interpret relevant information and advocate a legal position. It redefines the idea of amicus curia(e??). PJ provides that critical property around which the effort could crystallize.

    If you are interested in social phenomena, the potential of Groklaw is, to put it mildly, fascinating. While the immediate point of interest is the SCO-IBM lawsuit, there is absolutely no reason to think that such legal effects will be limited to opensource vs. proprietary software legal issues, regardless of the success or failure of the various parties in the present suit. The relevant fact is that Groklaw is about law not software. You are watching a potential change in legal affairs that could easily be more important in the years to come than any particular computer system, or even the internet it self. We have always argued that "many eyes" makes for better software. Could "many eyes" lead to better law?

    --
    ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
  67. Reporting controversy by Anonymous Coward · · Score: 0

    There is nothing inherently wrong about reporting controversy. It's the way these reporters do it...

    Citing a controversy, then wrapping generalities around it as expression of "facts", or evidence to back it up, is what these reporters do, IMO.

    PJ cites the controversies, pulls facts, real facts or evidence, together and offers knowledgeable insight to the reader.

    Yeah, its different, and refreshing. I guess the typical reporter doesn't have the time, nor the inclination, to invoke critical thinking and uncover the issues surrounding the controversy. Groklaw doesn't seek the facts so much as identify the law(s) or precedence, requirements for evidence and how the controversy relates to that law. Critical thinking is vital to this type of reporting and PJ obviously has deep experience in this area, as well as an appreciation for OSS.

    Her enthusiasm is infectious, as well.

    Mark

  68. What part of obvious facts do you not understand? by Anonymous Coward · · Score: 0

    You, in fact, are using one of the favourite tactics of those scum-bag lawyers you say you so detest, keep repeating a single fact that happens to be true ad-nasuem no matter that IT DOESN'T APPLY HERE!!!

    Except that the lawyers who won the McDonald's case were repeating lies. I'm just repeating the obvious FACTS that you are too boneheaded to understand, facts which apply to the situation.

    OK, stupid, lets take this slowly. 185F is the recommended SERVING temperature, i.e. for the coffee to come out of the coffee machine

    Well. duh! And that is how the coffee was served. Nothing wrong with that. End of subject.

    Any med student will tell you that pouring 185F liquid onto human skin has a 100% burn risk factor.

    Which means you should not do it, right? The greedy old bat was 100% at fault, since she pouted it, not McDonalds. End of subject: this case was 100% frivolous.

  69. Shhhh.... by Anonymous Coward · · Score: 0

    Shhhh. We can't burst his bubble with words from someone who has actually studied Marx at great length and lived under the system proscribed by him.

    Don't forget about Che Guevara, who was to the USSR what Christopher Columbus was to Spain in the 1500's (Conquistadore of New World colonies for the Old World empire). He expressed that his main problem with the USSR is that it was not brutal enough.

  70. Re:Groupthink - Communism by radixtwo · · Score: 1

    It is a bit of a misnomer to compare the FOSS effort with communism. It is probably more productive to think of it in terms of something like barn-raising by the Amish (in these days and times) or countless other similar collective efforts throughout human history.

    A community forms around a common objective, for the good of that community or as payment for past/future assistance by that same community when they were/are needed. hmmm - does that make sense? Your statement regarding consolidation is quite correct, however I think it is both positive and negative; +'ve because FOSS never rests on it's laurals and is thus always seeking better ways to do things, -'ve for exactly the reason you state - resources are spread thin and energy wasted. Overall though I believe the positives outweigh the negatives. But that is just MHO

  71. Communism and FOSS by Anonymous Coward · · Score: 0

    "It is a bit of a misnomer to compare the FOSS effort with communism. It is probably more productive to think of it in terms of something like barn-raising by the Amish"

    If the Communists did this, you'd have the community enslaved to burn down the barn. A few would be shot along the way because they did not move fast enough. A few more would be shot if they complained they they were hungry because the food was in the barn they burned down. The rest would starve because the communists order them to destroy their farm.

    This was how Mao, Pol Pot and Stalin did things. To a lesser degree, Lenin and Castro. Communism isn't about "sharing", it is about being robbed by dictators.

  72. Fluff by Anonymous Coward · · Score: 0

    Just plain crap. Sorry, but this article is less about honest research than cheerleading the open source movement with a veneer of legal validation by 'research.' Please, stop with the pep rally. Be a GPL/Linux advocate if you wish, but if true research is intended, then provide the whole story and let your readers decide for themselves.

    Flame away.