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Slashback: Justice, Settlement, Cosmos

Slashback tonight with updates on the Supreme Court's take on takings, money available for unlucky DeskStar disk drive owners, Parliament's Jedi, and more. Read on for the details.

"It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration ..." zarathud writes "Logan Darrow Clements has begun the application process to build a hotel on land owned by Supreme Court Justice David H. Souter. This could be allowed under Eminent Domain after the controversial 5-4 Kelo vs. New London ruling which Souter voted for. Justice Souter's home currently occupies the land. The planned hotel, to be called 'The Lost Liberty Hotel,' will include a public exhibit on the loss of American Freedom. 'This is not a prank,' said Clements, 'The Towne of Weare has five people on the Board of Selectmen. If three of them vote to use the power of eminent domain to take this land from Mr. Souter we can begin our hotel development.'"

Call everyone Sir, just to be safe. Yesterday we posted an item about the first self-proclaimed Jedi in Parliament; here are two updates to the already-updated story. Americans (like me!) may still be baffled by the complications of the honorifics involved.

Stefan Magdalinski writes "If you want to link to the actual speech, then can I suggest you use our volunteer-run, open source, reimplementation of parliament's awful website?"

And reader Russell Dewhurst writes "All MPs (Members of Parliament) are called the Hon. Member for X... If the MP for Copeland were a Privy Councillor he would be the _Rt_ Hon (Right Honourable) Member for Copeland. So the original article was correct, and the correction was wrong, I'm afraid!"

Thanks to everyone who's weighed in on this.

MozNews interviews Daniel Glazman, NVu Lead Dev bluephone writes "Now that NVu 1.0 has been officially released, we at MozillaNews asked Daniel Glazman to take some time to give us another interview to book-end our first interview with him, early in NVu's development. He was gracious as always, and fast! Read the interview for unavoidable laws, plans for the future of NVu and Daniel, and even news about his company's upcoming release."

Tom Clancy, eat my shorts. hydraa16 writes "The Cosmos 1 Solar Sail failed to reach orbit. This video shows its loading in a Russian Delta III Submarine, and its launch in the cold Barents Sea!"

If you accidentally blew up your DeskStar, the Empire will repay you. hardreset writes "Remember the day when the IBM 75GXP was the hot new drive? Then ... do you remember the day(s) it bit the dust? If you still have the serial number(s), you may be eligible for a $100/drive settlement from IBM. The settlement page is over here, claim form is here, and the Inquirer article is here. For those of you wearing tinfoil hats, you don't have to send in your drive. For those of you who work for IBM or live overseas, don't bother. If you're hoarding these drives, it might be a good payday!"

You'd have to pay me a lot to listen to the results. Kethinov writes "Because Trent Reznor's release of The Hand That Feeds was a spectacular success, he's decided to release more free musical source material for remixing and listening delight. The new release is another track off his new album With Teeth entitled Only. Interestingly, now he's offering multiple formats for the material instead of just Apple's Garageband format. So now non Apple users too can join the fun."

213 comments

  1. Great news on Nvu by Sv-Manowar · · Score: 2, Insightful

    Its great to see Nvu (the Mozilla XHTML/HTML editor project) coming of age. A free XHTML able WYSIWYG editor is a tool many starting out building webpages could find useful, and begin to bring standards compliant design & creation in from the ground up, not just for professionals and those who choose to learn how to hand code clean and compliant code. I can only see this as a good step forward for compliant markup.

  2. Bummer by Pivot · · Score: 2, Informative

    As always, people overseas don't get any compensation for crappy products...

    I have two of these lying that has failed and one sitting in this computer which I am keeping a really close eye on...

    1. Re:Bummer by bhtooefr · · Score: 1

      My school's had two 60GXPs fail. Unfortunately, this class action only covers the 75GXP...

    2. Re:Bummer by canadiangoose · · Score: 1

      You should be able to get $50 just for the serial number on eBay or craigslist.

      --
      Never eat more than you can lift -- Miss Piggy
    3. Re:Bummer by Jah-Wren+Ryel · · Score: 1

      You should be able to get $50 just for the serial number on eBay or craigslist.

      I second that recommendation.
      Either that, or hook up with a stateside friend and use his name and address. It is possible that IBM can tell the drive was sold overseas, but it is at least as possible that they will be too disorganized to even check.

      --
      When information is power, privacy is freedom.
    4. Re:Bummer by _KiTA_ · · Score: 1

      Send me the serials? ;)

      Seriously. You're just as intitled to the $200 for your 2 drives as anyone else, why not just get help from someone in the US to get your cash or, if you're more ethical than that, send the serials to someone who isn't? :)

    5. Re:Bummer by germanStefan · · Score: 1

      So send both to me in the states and I'll split the profit? : )

    6. Re:Bummer by pjrc · · Score: 1
      If you read the form, or the http://www.ibmdeskstar75gxplitigation.com/faqs.asp ">FAQ, you'll see that only drives that were officially reported by last February as having failed are elligable for the $100 payment. It's too late to report a dead drive (which sucks for those of us who have them but didn't bother to report them earlier). Otherwise, all you get is 25 CDRs or a 15% coupon for future IBM purchases.

      Not only does the drive have to be in the database of previously reported failed drives, but you must also provide an invoice, sales receipt, credit card statement, or some other proof that you are the original purchaser of the drive from an authorized reseller. Note the "authorized reseller" part. Buying it used from a private doesn't count.

      On top of those two, your purchase needs to have been made between March 15, 2000 and March 4, 2005. So even if you could meet the two conditions above, it's simply too late to buy an IBM drive, hoping to cash it in for $100.

      Anyone who pays $50 just for a serial number on ebay or craigslist is going to be pretty disappointed when they actually read/fill-out the claim form and ultimately have it rejected.

    7. Re:Bummer by lburdet · · Score: 1

      in related news...

      canadian address for rent.
      20$US/DeskStar. :P

    8. Re:Bummer by pjrc · · Score: 1
      Seriously. You're just as intitled to the $200 for your 2 drives as anyone else,

      Seriously, no, you're not. Only class members are entitled. You must meet several conditions to join the class.

      why not just get help from someone in the US to get your cash or,

      Because you won't be able to meet the requirements. That's why.

      if you're more ethical than that, send the serials to someone who isn't? :)

      Even if your accomplice is unethical enough to create a fraudlent invoice showing the drive was purchased directly from an authorized reseller during the required period, they'd still have to use their time machine to go back before February 15th to file a report of the drive's failure.

      I'm pretty sure a person with such a time machine and flexible ethical practices could do much better than simply defrauding IBM of $200.

      But if you want 50 blank CDRs plus jewel cases rather than $200, then go right ahead.

    9. Re:Bummer by someguy · · Score: 1

      Feel free to send me the serial numbers and I'll send you the refund money - minus a middleman's fee of course. :)

      --
      A planet where apes evolved from men? Long live the apes.
  3. Lost Liberty Hotel? by Locke2005 · · Score: 4, Interesting

    Damn! Where do I invest? Sure sounds like poetic justice to me!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Lost Liberty Hotel? by pr0f3550r · · Score: 1

      Here is a map. Looks pretty nice.

    2. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      Call up your local Libertarian Party Corporation and shell over your livelihood.

      If you're lucky you might even get to scrub toilets in it for pennies a day.

    3. Re:Lost Liberty Hotel? by SpaceLifeForm · · Score: 3, Funny
      And the "The Lost Liberty Hotel" will feature the "Just Desserts Café".

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    4. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      "Looks pretty nice."

      You must have some good vision.

    5. Re:Lost Liberty Hotel? by Vile+Slime · · Score: 0, Offtopic

      You know,

      If you look up the address on Yahoo Maps you can get a scale which indicates the property is only 1500 += 500 feet from a decent sized lake.

      If the property has a lakefront component then that might just make for a pretty nice hotel.

      Heck, I might be tempted to bid against the guy trying to put up the hotel and put up a bunch of houses 10 feet apart from each other and a 100 foot of lake access each. That would certainly up the tax rolls in Weare as well.

      --
      ---- Go ahead, mod me down, I'll just post it again and you lose your mod points.
    6. Re:Lost Liberty Hotel? by slashrogue · · Score: 1

      If you follow the link, there's info at the bottom of the page. http://www.freenation.tv/hotellostliberty2.html

      I particularly like the "Just Desserts Cafe."

    7. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      Information on investing is available here.

    8. Re:Lost Liberty Hotel? by bhtooefr · · Score: 1

      At least put something similar to the history exhibits there - don't JUST put in houses. Split it into a museum and a housing development, with the housing development having the lake access?

    9. Re:Lost Liberty Hotel? by TheGavster · · Score: 2, Insightful

      The supreme court does not interpret law. The supreme court interprets the consitution and determines if a law is valid within the bounds set in the consitution. In this case, there has been a decent case made that the law in new london (which is in ct, not nj, by the way) impedes on a citizen's freedom from unlawful seizure (they've done nothing wrong but are having their house taken, unless you consider not making enough money to kick you into the next tax bracket 'wrong').

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    10. Re:Lost Liberty Hotel? by Sheepdot · · Score: 1
    11. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 1, Informative

      Read O'Connor's dissent, Einstein, then meet me at the 7-11. Brains are on me.

    12. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      THINK PEOPLE! Do you shoot the Generals for fighting a war?

      You kill the thugs till there is no thugs thugging anymore.

      Personally, if I were one of these individuals, I would tell the guy on the bulldozer he doesn't make enough money and shoot in the air. If he proceeded, I'd aim for the leg.

      Granted, I'd be serving jail time, but I'd still be alive, and I would have sent a clear signal to legislators that this kind of thing was frowned upon.

      How long is it going to be before a judge that allows this dies? Or someone shoots a legislator for passing a bill that allows this? They'll get the idea, but in the meantime, if you can scare the lackeys or thugs, then fewer lackeys and thugs will work for them. It's a game of numbers, and ultimately, liberty prevails.

    13. Re:Lost Liberty Hotel? by Vile+Slime · · Score: 1

      Tough call,

      On one hand I totally agree with you.

      But on the other hand as superflous as a development as possible is what I feel is justifiable.

      Does that mean I need to lower my standards and put up a trailor court?

      --
      ---- Go ahead, mod me down, I'll just post it again and you lose your mod points.
    14. Re:Lost Liberty Hotel? by mikeswi · · Score: 1

      The justices in the Dred Scott case were just interpreting the law too. It doesn't mean they made the right decision.

    15. Re:Lost Liberty Hotel? by bhtooefr · · Score: 1

      You'd have more trouble getting the Selectmen to approve that.

      *Nice* lakefront property (boosts land value, and therefore, taxes) plus a museum (might boost land value, brings in tourists (which brings money into the city), and is "socially responsible" (whatever the hell that means ;-)) would be a good idea, and easy to pitch.

      This hotel, FWIW, is going on the museum idea, and also puts in a place to PUT the tourists.

    16. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0
      Whomever modded this troll up is either playing along with the troll game, or is really really clueless about how the law works in the US.

      The constitutionality of the law is what is being defined in this case. The constitution has clauses that suggest this kind of taking the land for commercial interests are not a power the government has. And it is indeed the supreme court that interprets the constitution.

    17. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      Yes, they are supposed to interpret the Constitution in specific cases, and sadly their ruling specific to this case is perfectly legit, if they only interpreted the Constitution, but it's written NOWHERE that their decisions have to apply to every similar case. It's just lazy lower-court judges that can't make a decision on their own, so they have to rely on case-precedent instead of using their own brains.
      Additionally, it isn't suggested that " this kind of taking the land for commercial interests are not a power the government has", it states it quite explicitly.

    18. Re:Lost Liberty Hotel? by budcub · · Score: 1
      If you want to make your point, go after the representatives of New Jersey who made a law that allowed this to happen in the first place.


      Ummm, New London is in Connecticut, not New Jersey. Just thought you'd like to know :)

    19. Re:Lost Liberty Hotel? by pthisis · · Score: 2, Insightful

      The justices in the Dred Scott case were just interpreting the law too. It doesn't mean they made the right decision

      Yeah, but normally when a Supreme Court decision is overturned one of 2 things has happened
      1. A new constitutional change has been made
      2. The original decision was one that a single case (or at best, multiple cases decided by a single incarnation of the Court) decided, and the Court decides that the decision was incorrect.

      It's very unusual for the Court to overturn over a century of legal precedent in which multiple Courts have ruled the same way, unless there has been a legal or constitutional change.

      And in this case, we have decisions reaching back over a century authorizing the use of eminent domain power to sieze land for transfer to another private party. (e.g. Berman v. Parker, 1954; Luxon v. North River Bridge, 1894; Wayne County v. Hathcock, 1981). Overturning that would have been a much bigger deal than this decision, which simply affirmed the status quo.

      If you're interested in becoming a property owner, many states (e.g. Michigan) have their own laws in place to prevent such seizures, and have had those for decades--indeed, such state protections served the land owner in Wayne County v. Hathcock well, after it had been held that there was no US Constitutional protection.

      In short, I think such seizure suck. But there really isn't anything in the constitution preventing them, they were almost certainly anticipated by the Founding Fathers, they've been legitimate for years, and I don't understand why people are surprised by this ruling (which merely upholds the status quo) or particularly angry at this Court and not earlier ones that decided the same way.

      And the fastest place to fight this is probably in the state legislatures, though obviously a Constitutional amendment is always a possibility.

      --
      rage, rage against the dying of the light
    20. Re:Lost Liberty Hotel? by Almost-Retired · · Score: 1

      I cannot begin to express my disbelief in reading this. In my opinion, the justices blew it by not reinforcing the power of private ownership of property.

      New Jersey law, or lack of it, not withstanding, this was SCOTUS, and SCOTUS had a moral imperitive to look at it in a "what is right, and what is wrong" light based on the constituion of the United States of America. They failed to do so, and I for one hope this Townships council or whatever its called, use the power of that decision to send a powerfull message from the people to a court that is clearly out of control in several recent rulings.

      "We the people" are being nibbled to death by ducks, and its time we started having duck for dinner. I'm beginning to think the dems were right in opposing the shrubs apointments. We have enough of them now, slowly carving away the rights of a free (heh) people.

      --
      Cheers, Gene
      "There are four boxes to be used in defense of liberty:
      soap, ballot, jury, and ammo. Please use in that order."
      -Ed Howdershelt (Author)
      99.35% setiathome rank, not too shabby for a WV hillbilly

    21. Re:Lost Liberty Hotel? by mikeswi · · Score: 4, Interesting

      People are surprised because Eminent Domain is meant to serve the public interest by taking property to build a highway or pipeline or something useful.

      These people's government just seized their property to hand it over to a corporation to build an office tower. The only interests being served there is someone's bank account.

      I applaud the effort to seize Souter's property. I doubt it will actually happen but I'm glad to see it. Maybe if those justices had been personally under threat of being sold into slavery themselves, the Dred Scott case would have turned out differently.

    22. Re:Lost Liberty Hotel? by darkonc · · Score: 1
      To say that there should be no judicial oversight of property siezure seems absurd to me -- and in violation of the constitutional provision about being safe from 'unreasonable search and seizure'.

      If there is no judicial oversight of legislative fiat, then the constitution might as well not even exist.

      If some legislator manages to pass a law that says 'strip searches on the basis of a cop's whim or hunch shall be considered reasonable', is the Supreme Court going to demur to the legislature?

      Thing is that He's one of the people who decided that there should be no judicial oversight, so if people can convince the city that this is a good use of his land, then he gets to eat the results of his decision. I see nothing wrong with that.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    23. Re:Lost Liberty Hotel? by Hard_Code · · Score: 1

      Yes. But it will definitely NOT serve Freedom Fries.

      --

      It's 10 PM. Do you know if you're un-American?
    24. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      Only it was the Dems who put the 5 justices on the bench who took your rights away. Make sure you have your facts straight before you make stupid comments...

    25. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 1, Insightful

      It's not moronic. It's within the law of the land as interpreted by the very justice being targetted. You can't proclaim this unjust because, after all, it's what has been determined as legal if it goes successfully forward.

      The justices interpret the law as you say. And you know what? They are also subject to those laws. So if an effort succeeds, it would be deemed as such within the limits of the law. It would be legal, just as it was (determined to be) legal for the state to take those people's homes.

      It's funny you find this outrageous, because it is EXACTLY what the justices allowed themselves. Targetting them is not only legal, but also in all senses of the word, just. You disagree? Well, that is how those people felt when their land was taken for private use by the state.

      "Do you shoot the Generals for fighting a war?"

      Uhh...yeah. You're the idiot if you think otherwise. A general is the leader of the soldiers and is a high value asset in a war effort. What freakin world do you live in that you don't go after the generals if you can?

      Unless you mean it's a war I oppose to but living in the country that was on the offensive, but I doubt that's what you really meant since I wouldn't be shooting the pro-war politicians either, just voting him out of office or otherwise suitably removing him from power. That may require a bullet, but many times other means work well.

      btw, I'd like to hear how your argument backing this decision melds with the 4th and 5th amendment. 4th amendment protects home and property against seizure, seizure usually meaning without due process and/or without compensation (expropriation to some).

      The 5th amendment further reiterates this, stating property cannot be removed except by due process. A municipal board or similar is not due process regarding private property for private use. A jury is.

      Further, you seem confused about eminant domain. Eminant domain is taking of private land for public use. This was understood back then, and why only public use was mentioned (the reason being to put the additional condition that just compensation for such takings was insured). Taking private land for private use is NOT eminant domain.

      The Framers or 1st Congress didn't just up and forget to handle private property for private use; not only was it not eminant domain, private property otherwise was protected by 2 amendments. By your argument, the lack of addressment of private property in the constitution also means the government could take it without compensation whatsoever, since it would not fall under for public use. Careful what you back.

    26. Re:Lost Liberty Hotel? by pthisis · · Score: 2, Informative
      People are surprised because Eminent Domain is meant to serve the public interest by taking property to build a highway or pipeline or something useful


      Except that's not true. The cases I cited go back over a century with private->private transfers. That's always been part of eminent domain. The earliest one did deal with a bridge, but it was taking it from one private operator to give to another to increase revenues. It wasn't building a new bridge or anything. The others were seizures of private land to give to commercial developers (stores, etc) or manufacturers (GM plant).

      I can see not liking that, but it shouldn't be a surprise. And it's not the place of the Court to write new public policy.
      --
      rage, rage against the dying of the light
    27. Re:Lost Liberty Hotel? by Brandybuck · · Score: 1

      I've already signed the pledge. Can't wait to spend a week there!

      --
      Don't blame me, I didn't vote for either of them!
    28. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 1, Insightful

      It was 2 "Dems." 3 of 7 appointed by Republicans voted to take your rights away, too. Make sure you get your facts straight before you go lecturing on the facts. Anyway, you completely missed his point.

    29. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 1, Informative

      Actually, both are true.

      Going back over a century sets you up in the late 1800s. You use the more recent court cases, and are correct in using them. You have the case law.

      However, the Consitution is the underlying principle here, and eminant domain, as addressed in the 5th amendment, was understood at the time had a fairly clear understanding circa the 1790s. I won't say it was common law, but it was well established as seizure of private property for the state aka public or government use. In fact, I think private property for private use is expropriation, which is explicitly not allowed by the 4th and 5th amendments.

      The 5th amendment was really only adding the condition that such seizure had to have just compensation, not expressedly saying that such seizure were legal. They were already understood as being such (as well as limited to private to public transitions).

      It is not surprising people still believe this because, after all, it's spelled out in the constitution by both the limited wording of the compensation clause, as well as the protections of their property as spelled out in the 4th and 5th amendment to protect their own lands.

    30. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      If you're _so_ right and the verdict was _so_ obvious, then why was it a 5-4 decision?

      You might want to take a little of your own advice regarding critical thinking.

    31. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      Do you shoot the Generals for fighting a war?
      Well, at Nuremberg, yes, the Allies did.

    32. Re:Lost Liberty Hotel? by westlake · · Score: 1
      Damn! Where do I invest? Sure sounds like poetic justice to me!

      But to a judge it will sound like reprisal for a court decision you did not like.
      Courts are not in the business of dispensing poetic justice.

    33. Re:Lost Liberty Hotel? by uncqual · · Score: 1
      An aerial photo (black and white, but can zoom in closer):

      http://terraserver.microsoft.com/image.aspx?T=1&S= 10&Z=19&X=1412&Y=23883&W=3&qs=34+Cilley+Hill+Rd%7C Weare%7CNH%7C&Addr=34+Cilley+Hill+Rd%2C+Weare%2C+N H+03281&ALon=-71.6741883&ALat=43.1113788
      (How does one insert a URL so user text rather than URL shows up?)

      Also check out "House and Home Demographics" link just below map.

      The area doesn't look as nice from this view and certainly not very expensive from the "House and Home Demographics" info. May not take too much to improve tax revenue (maybe a fruit stand would do it?).

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    34. Re:Lost Liberty Hotel? by rock_climbing_guy · · Score: 3, Insightful

      No, that's not it. The Supreme Court does *interpret* the law. The reason that they have this power to declare laws "unconstitutional" is that they seized this power a number of years ago. There was a legal dispute and they declared some obscure law unconstitutional to set a precedent. They tried to give everyone involved what they wanted so no one would challenge their decision. The result is that the Supreme Court has this broad-ranging power that we see it exercise today.

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    35. Re:Lost Liberty Hotel? by PaxTech · · Score: 1

      I'm beginning to think the dems were right in opposing the shrubs apointments. We have enough of them now, slowly carving away the rights of a free (heh) people.

      It may surprise you to learn that the three most conservative members of the SCOTUS (Rehnquist, Scalia, and Thomas) were on the dissenting side of this decision. Any nominee Bush is likely to make probably would have voted the same way.

      --
      All movements for social change begin as missions, evolve into businesses, and end up as rackets.
    36. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      Tim, shut the fuck up. You are such a fucking tool/sheep/brainwashed idiot.

      Turn off the Rush Limbaugh and try thinking for yourself one of these days.

    37. Re:Lost Liberty Hotel? by ckaminski · · Score: 1

      As opposed to what they're supposed to do, sit on a bench and keep it warm?

    38. Re:Lost Liberty Hotel? by pthisis · · Score: 1

      However, the Consitution is the underlying principle here, and eminant domain, as addressed in the 5th amendment, was understood at the time had a fairly clear understanding circa the 1790s. I won't say it was common law, but it was well established as seizure of private property for the state aka public or government use. In fact, I think private property for private use is expropriation, which is explicitly not allowed by the 4th and 5th amendments.

      This is not accurate.

      First, seizure of property by eminent domain and subsequent transfer to a private party was certainly allowed under common law. It would have been the norm to the Founding Fathers. This desire to have "public use" mean "owned and operated by the government" is understandable, but it's historically inaccurate--assignment of acquired lands to private parties has been a part of legitimate eminent domain power for longer than we've been a nation.

      Second, "expropration" means seizure of property without just compensation.

      Taking your property to put in a public water treatment plant (or run a highway, or whatever) without paying you (or paying you less than it's worth) is expropriation.

      Taking your property, giving you its market value in cash, and giving the property to a developer in an urban renewal action is not expropriation.

      I agree with you that transfer to private parties should be extremely limited, but it's really up to the legislature to make such a sweeping public policy change.

      I'm not ready to say it should be banned entirely--for instance, if the Bath Iron Works (private manufacturer of Aegis cruisers and other ships of war) needed to expand during wartime to serve our military's needs, that could be a legitimate public use of sieze-and-transfer. I'm not sure, I'd have to think about it.

      I am against even transfers that seem much more like public use than the New London case. For instance, it's BS that land was seized by the US government to construct the federal interstate system, and then the government gave those roads over to the care of states who in some instances sold/leased them to private companies as toll collectors. How would you feel if your land was taken for public use in the highway system, and 10 years later you had to pay a buck to some private company to drive across it?

      But I thing changing the law is the province of the legislators, not the judiciary.

      --
      rage, rage against the dying of the light
    39. Re:Lost Liberty Hotel? by Anonymous Coward · · Score: 0

      Ok, so if the SC can't rule a law unconstitutional (isn't that an interpretation anyway?), then who should do it? Certainly not the legislative branch, and not the executive branch either. They both are way too involved in making the laws. So the only logical choice is the SC.

    40. Re:Lost Liberty Hotel? by katdillon · · Score: 1

      Someone was unhappy with Justice Souter: http://www.soulawakenings.com/welcometonh.jpg

    41. Re:Lost Liberty Hotel? by randomencounter · · Score: 1
      The Constitution of the US is the law that the Supreme Court is there to interpret. It is their job to determine if laws passed by the legislature are legal within that context, and to what extent.

      It could be said, in fact, that the Supreme Court's primary purpose is to declare laws unconstitutional, as per the Constitution.

      I mean, you don't really trust all those folks in the legislature to do the right thing all the time? They could be corrupted, panicked, or simply overwhelmed by circumstance.

      --
      Forget diamonds, copyright is forever.
    42. Re:Lost Liberty Hotel? by squiggleslash · · Score: 1
      The constitution, 5th amendment, gives the government the power to take land for public use in return for fair compensation. That's the constitution. And public has never meant "must be owned by the government", the most famous example of its use has been to build railroads, which in the US were and are privately owned.

      It's the law. It sucks. Arguably there should be tighter restrictions. But to say SCOTUS should have ignored the constitution and instead decreed what they think is fair is to promote judicial activism.

      I'd say it's ironic that right wingers are smugly claiming "liberal judges" should have done this, but actually for the most part most of the claims of "judicial activism" they've made against judges for making decisions they don't like have been bogus anyway.

      In the mean time, stop expecting the judiciary to bail you out of bad laws. You need to start voting, not relying upon a 250 year old document with limitations.

      --
      You are not alone. This is not normal. None of this is normal.
    43. Re:Lost Liberty Hotel? by TheGavster · · Score: 1

      The argument is that the 'public good' is served by the higher taxes paid by these new tenants, but really, I'm not seeing it. The point of taxes is that everyone puts some money in the pot to supply services they all need but aren't really practical to deploy commercially. If you're throwing people out on the street in the name of increasing the size of the pot, you've lost sight of the meaning of 'good'. In a developed area like New London, most of that common pot goes to the service and protection of the commercial businesses, not to the citizens (the 'public' everyone seems to be missing).

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    44. Re:Lost Liberty Hotel? by squiggleslash · · Score: 1
      That's one of the arguments, but I think SCOTUS's point was that it shouldn't be involved in the argument at all.

      I agree, from where I sit and the facts I've seen, that New London has probably gone too far. The residents of New London have to be the ones to take responsibility here. This means, in practice, throwing out their elected representatives and putting responsible people with the same values as they have in their place.

      At the same time, the State of Connecticut also has to take action. The legislature has to draft rules that rein in such behaviour.

      I think it was reasonable for SCOTUS to say "We can't judge" on this. What's for the "public" good in any area is going to depend largely on the people living there. Note that SCOTUS did not define "public", as some people have argued, to mean "whatever the local government wants it to mean", it's said instead that the local governments are much better equipped to judge than it is.

      Rather than stupid stunts like this, the opponents of what New London is doing should be getting their legislatures involved and providing the assistance needed to the people affected. Everyone seems to want to waste money here to attack the wrong people. It's a mess.

      --
      You are not alone. This is not normal. None of this is normal.
  4. I love America! by Romancer · · Score: 4, Insightful

    Hell yeah, build a hotel on his land, this is america and those in power should be held to at least the same level as those they enforce the law upon!

    --


    ) Human Kind Vs Human Creation
    ) It'd be interesting to see how many humans would survive to serve us.
    1. Re:I love America! by Romancer · · Score: 5, Informative

      E-mail in support of the economic benifits, please do some research and present as good an argument as possible in your e-mails.

      Board of Selectmen for the towne of Weare:

      Laura Buono, Chair Person
      lbuono@weare.nh.gov

      Leon Methot, Vice-Chair
      lmethot@weare.nh.gov

      Heleen Kurk
      hkurk@weare.nh.gov

      Joseph Fiala
      jfiala@weare.nh.gov

      Donna Osborne
      dosborne@weare.nh.gov

      --


      ) Human Kind Vs Human Creation
      ) It'd be interesting to see how many humans would survive to serve us.
    2. Re:I love America! by hmckee · · Score: 1

      The story at boston.com has more details and the city planners have so far said they will give due consideration.

    3. Re:I love America! by __aaclcg7560 · · Score: 2, Funny

      Dear Board Of Selectmen,

      I don't live there (not that I want to). I don't pay taxes there (not that I would). I have no idea who you people are (neither does your constituents). I'm sure your area needs a new hotel (so does every other boondock in America). I'm sure taking the Supreme Court Justice's farmhouse wouldn't be a problem (he did approve that dandy decision). Yes, a brand new hotel is much better than a Wal-Mart (he might put dog poop on your table and set it on fire). It's a small price to be an American (it's not like anyone is going to Iraq).

      Sincerely,

      The /. Community

      P.S. Sorry about crashing your email server (but that's what you get for running an illegal copy of Windows). ;)

    4. Re:I love America! by Alien+Being · · Score: 1

      I'd make the argument that the benefit of taking Souter's house is that it may serve to protect the "inalienable" rights of all the town's citizens.

      "Live free or die: Death is not the worst of evils."

    5. Re:I love America! by Concerned+Onlooker · · Score: 1

      I was OK with the idea until I read that they were going to include a copy of Atlas Shrugged in place of a Gideon's Bible. It kind of takes it to a juvenile level. Just leave the bible out, please, and I'll bring my own reading material. On second thought, make it an OpenGL Superbible and I'll go for it.

      --
      http://www.rootstrikers.org/
    6. Re:I love America! by Xyrus · · Score: 4, Informative

      Ironically enough, this is a smart economic move. Weare's beach is a fairly popular place in the summer, and few can forget the famous bike week.

      My guess is Souter really isn't making much use of that land, and having a new hotel would increase tourism to the area. This would increase jobs and encourage growth as well.

      There's also several nearby ski-resorts, so the place could be popular in winter as well (I've only been there in the warmer months so I don't know).

      What applies to one applies to all.

      ~X~

      --
      ~X~
    7. Re:I love America! by Romancer · · Score: 1

      How about:

      I will come visit and spend tourist dollars and create an influx of cash to your towne. Isn't that in the best interest of the people?

      --


      ) Human Kind Vs Human Creation
      ) It'd be interesting to see how many humans would survive to serve us.
    8. Re:I love America! by __aaclcg7560 · · Score: 1

      Actually, I don't think any town would welcome the /. community. It's bad enough that servers get slashdotted, I don't think the towns would appreciate being slashdotted by people. It'll be like the motorcycle clubs visiting Hollister.

    9. Re:I love America! by Romancer · · Score: 1

      Imagine if they have free T1 access in the rooms, Lan parties at night, electronic expos, and 24hr Dew and Nacho room service. The /. crowd would never leave the hotel. all the taxes generated would be great, not to mention how many local computer stores would get giant sales boosts because of forgotten equipment or emergency upgrades.

      --


      ) Human Kind Vs Human Creation
      ) It'd be interesting to see how many humans would survive to serve us.
    10. Re:I love America! by chrisgeleven · · Score: 2, Informative

      Your thinking of the wrong Weare.

      Weare, NH is a small town near Henniker, NH in the western part of the state.

      Weirs Beach is a popular tourist attraction, but it is near Lake Winnipesaukee in the eastern part of the state.

    11. Re:I love America! by Xyrus · · Score: 1

      Ooops! My bad. You're right. I've been working a few too many late nights. :P ~X~

      --
      ~X~
    12. Re:I love America! by StikyPad · · Score: 2, Insightful

      Right.. because I'm sure New Hampshirians (Hampshirites? Hampshirees?) just love getting letters from outsiders who want to tell them how to run their government, and this doesn't have the possibility to backfire at all.

      If you don't live in the town of Weare, these people aren't your representatives, and by trying to influence their decisions based on what you feel is right goes against everything a republic is supposed to be.

      I fully hope the land is reclaimed, but I'm sure the people who live there are fully capable of deciding on their own. If they wanted our opinion, they'd solicit it.

    13. Re:I love America! by Anonymous Coward · · Score: 0
      My guess is Souter really isn't making much use of that land,

      Other than the fact that he, like, lives there, no.

    14. Re:I love America! by Anonymous Coward · · Score: 0

      Irrational protection of rights was the only thing america had going for it. If he held out for a trillion dollars for his property, it's his to do so (so long as he owned the property for several years and is not simply trying to cash in on someone's elses profitable endevours.

      Whether it's the liberals throwing you in jail for re-education or the conservatives deciding who you can love and who you can marry, it's all in the hand-basket anyways (no finger in the dyke comments this time). You plug one up and another spouts out of equal value (glass ceilings). I'm lighing one up and passing on the blindfold (seems some manufactured catastrophic events must occur).

      Should be sorta green or yellow until we get close to the election, ironic foreplay and a royal A$$ job (including something unpredicted and the loss of something that matters a great deal to some) seems to be a common wide spread experience in our future.

      "Me like books, Me likes games, Me cares abouts nothing else. You gives what you gets, and prices are subject to customers attitude"

  5. As a supporter of Fair Use... by Anonymous Coward · · Score: 3, Interesting

    ...I strongly believe the government should instigate a policy of Eminent Domain on Intellectual Property, not just Real Property.

    It would work like this: once a work reached a critical mass of popularity, the government would sieze it, pay the creator a reasonable sum, and make the work freely available for downloading and sharing.

    In this way, never again would a citizen of this great nation be subject to the stigma of not having seen/heard the latest hot movie/tv show/song. It would also encourage creativity with uses like mashups, re-edits, funny overdubs, etc.

    Support Fair Use!

    1. Re:As a supporter of Fair Use... by ikkonoishi · · Score: 1

      More likely the government would buy it and sell it to the *IAA because they are who can provide the biggest bribes.

    2. Re:As a supporter of Fair Use... by drsquare · · Score: 1

      No way is my tax money being paid to let pirates download things for free. Get a job you bum.

    3. Re:As a supporter of Fair Use... by Anonymous Coward · · Score: 1, Informative

      Interesting concept. Something like the mandatory licensing the FTC sometimes requires when a large company wants to buy a competitor.

      IANAL, but I don't think you'd have to go as far as using eminent domain action to revoke IP privileges. Copyrights or patents are privileges granted by the government (nominally for the public good) and can be revoked without the taking of property (which is otherwise constitutionally protected).

    4. Re:As a supporter of Fair Use... by leonardluen · · Score: 1

      this is exactly what copyrights were meant to do, but thanks to the *AA and congress the copyright system is now broken and so nothing enters the public domain anymore.

      the patent system also works in a similar way, and even with all of its flaws at least patents still expire.

    5. Re:As a supporter of Fair Use... by Wateshay · · Score: 1

      In other words, my tax dollars should be used to support Britney Spears' coke habit? No thanks!

      --

      "If English was good enough for Jesus, it's good enough for everyone else."

    6. Re:As a supporter of Fair Use... by iminplaya · · Score: 1

      Hear Hear! Actually, I believe the gov't can "violate" IP law in an emergency. Pretty much like eminent domain. I don't know if they give it back after the "all clear".

      --
      What?
  6. deskstar by songofthephoenix · · Score: 2, Informative
    Remember the day when the IBM 75GXP was the hot new drive? Then ... do you remember the day(s) it bit the dust? If you still have the serial number(s), you may be eligible for a $100/drive settlement from IBM.

    A quick search on ebay reveals some of these drives going nice and cheap.

    1. Re:deskstar by jeffkjo1 · · Score: 1

      Sadly, it's not that simple. From the FAQ on the settlement:


      Q. What kind of documentation is necessary to establish whether my hard disk drive is covered by the Settlement?

      A. The documentation must demonstrate your purchase of the 75GXP hard disk drive from an authorized seller. Invoices, receipts or purchase agreements, in combination with the credit / debit card statements, are the best form of documentation. The validity of information and/or documentation demonstrating your purchase of a 75GXP will be determined by the Settlement Administrator.

      In determining the sufficiency of information and documentation provided as proof of purchase, the Settlement Administrator may request that additional information be provided. Failure to provide the Settlement Administrator with the requested additional information may result in the rejection of your claim.



      So if you have your five year old original receipt, you're ok.

    2. Re:deskstar by the_cowgod · · Score: 1
      You can't claim the $100 unless the is a record of a drive failure in IBM's database, according to the claim form:
      "To receive the 75GXP Cash Award, you must satisfy the requirements necessary to receive the 75GXP Benefit (see below), AND: (a) have experienced a hard disk drive failure; AND (b) not have received a non-75GXP replacement hard disk drive or a monetary credit (whether from IBM or any other entity or person); AND (c) not have received a 75GXP as a warranty replacement, or have received a 75GXP as a warranty replacement and document that you reported to IBM a failure with the 75GXP warranty replacement hard disk drive and did not seek, or were not offered, another warranty replacement (* attach the documentation to the end of this form).

      Whether you have experienced a hard disk drive failure is determined by the Settlement Administrator, and means an actual, material performance problem with the hard disk drive, as evidenced by a record in either: (a) IBM's Technical Support Center database; (b) IBM's Return Material Authorization database; or (c) the "IBM 75GXP" database maintained by the Sheller Ludwig & Badey law firm as of February 15, 2005."
    3. Re:Deskstar by ZoomieDood · · Score: 0

      Send it to me, I'll cash 'em in, and send half back. Call it a "recovery" fee. :-)

    4. Re:deskstar by Pete+Brubaker · · Score: 1

      Yeah, you need to have had a failure on your frist drive, and the 75GXP replacement and werent offered another replacement to get the $100. Otherwise you get some crappy CDS or 15% off IBM's store.

      Big whoop.

      --P

      --
      What's a sig? Pete Brubaker
    5. Re:deskstar by Devistater · · Score: 1

      Actuallly it IS that simple. From the PDF claim form: 1. Model Number of 75GXP you purchased (e.g., DTLA 307-015, DTLA 307-075): ____________________________ 2. Approximate Date you purchased the 75GXP (Please provide at least the month and year of purchase): Month: ____________________ Day: ________ Year:___________ 3. If you purchased the 75GXP as a stand-alone component from an authorized seller, please provide either: (a) Serial Number of the 75GXP: _________________________, or (b) Documentation demonstrating your purchase of the 75GXP from an authorized seller (* attach the documentation to the end of this form). 4. If you purchased the 75GXP as a pre-installed component in a computer system, please provide the Serial Number of the 75GXP: _______________________________. Notice that if you bought it standalone, you need EITHER the serial OR the receipt. That means serial is enough. 5 Year old receipts not nessasary. If you bought it already installed you only need serial. The problem would be that if you bought from ebay odds are the $100 for that serial was already claimed. Unless you got some ppl that were clueless and selling them on ebay and didn't know about this. And buying on ebay specifically to get the money, I dunno, IBM might be able to argue fraud on that and not send anyway.

  7. In addition to "Just Desserts"... by Anonymous Coward · · Score: 0

    ...I hope they include a diner called "Serves you right"

  8. Selectmen? Elect 'em! by Tackhead · · Score: 4, Informative
    > 'The Towne of Weare has five people on the Board of Selectmen. If three of them vote to use the power of eminent domain to take this land from Mr. Souter we can begin our hotel development.

    Your town may vary, but in many towns, the Board of Selectmen is elected. And if you didn't know that, neither do 99% of your fellow citizens.

    What this means is that if three of them (or even if all five of 'em) don't vote to use the power of eminent domain (either because they think the planned redevelopment is a crock, or because they just don't care for Objectivists), it's entirely up to the citizens of Weare can choose whether or not their Selectmen are (or are not) worthy of re-election in a year or two.

    I don't live in Weare. None of my business either way. But the Just Desserts Cafe sure sounds like a nice place for a bite to eat, should I be passing through the neighborhood.

    1. Re:Selectmen? Elect 'em! by Bingo+Foo · · Score: 0

      As if "Objectivists" (or even Libertarians) are the only people with an interest in preserving liberty and the obligation of the state to protect private property instead of the revenues of municipalities. The Kelo ruling should offend anyone who grates against the idea of a government being able to take from you if they decide they will be better off after the taking.

      --
      taken! (by Davidleeroth) Thanks Bingo Foo!
    2. Re:Selectmen? Elect 'em! by Brandybuck · · Score: 1

      ...it's entirely up to the citizens of Weare can choose whether or not their Selectmen are (or are not) worthy of re-election in a year or two.

      This Kelo decision has made me so made I've made a pledge about it. I'm partly mad at the SCOTUS, partly mad at myself for not being awake sooner, but mostly mad at the petty tyrants inhabiting our local city governments.

      I will no longer vote for any incumbent candidate, whether it be dog catcher or president or anyone in between. Ever again. I've been burned and I've learned my lesson.

      --
      Don't blame me, I didn't vote for either of them!
    3. Re:Selectmen? Elect 'em! by doubledoh · · Score: 1

      I agree that it should offend everyone, but it is usually only the Libertarians that ever actually do something about protecting people's freedoms unconditionally. By this I mean, it is Libertarians that will protect your personal and economic freedoms. Democrats and Republicans usually only support one brand of "freedom", and they do a piss poor job at that.

      --
      I think, therefore I doh.
    4. Re:Selectmen? Elect 'em! by magefile · · Score: 1

      I will no longer vote for any incumbent candidate, whether it be dog catcher or president or anyone in between. Ever again. I've been burned and I've learned my lesson.

      I can't believe I just read this -how stupid are you? Assuming you have a choice between candidates (in practice, for most posts, you have two choices, though you may disagree on that) it would be stupid to vote against the better choice simply because s/he is an incumbent!

    5. Re:Selectmen? Elect 'em! by MrResistor · · Score: 1

      That's pretty much how I've voted for years now. However, not all incumbents are corrupt, so I'll at least try to think of something they've done that I've liked first, that isn't totally outweighed by something really bad I can remember them doing.

      Of course, I can count on one hand the number that have passed that test.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    6. Re:Selectmen? Elect 'em! by Brandybuck · · Score: 1

      I have to disagree. Most of the reason we are in this mess is that we have "politician" both a socio-economic class, and a career path. Both are wrong. You can't have a "good old boy" network passing out building contracts to the highest bidder like they were papal indulgences, without incumbents embedded in the system.

      From my point of view, we aren't electing public officials to be lords and rulers over us, we're electing to be our representatives. But they can't represent us if they are not us! I want school teachers and shopkeepers and electricians and truck drivers on the city council, not politicians.

      --
      Don't blame me, I didn't vote for either of them!
    7. Re:Selectmen? Elect 'em! by bill_mcgonigle · · Score: 1

      I want school teachers and shopkeepers and electricians and truck drivers on the city council, not politicians

      The problem is how to break the loggerhead.

      Term limits seem to be the only way that would be effective, but it's impossible to get that passed by incumbents.

      Back in the good-old days we could have a referendum in each state requiring the Senators to impose such a rule but the 17th Amendment really screwed that up.

      So the best we can hope for is to elect new legislators and have them pledge to enact term limits and kick 'em out if they fail.

      But that's a heck of a tall order.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    8. Re:Selectmen? Elect 'em! by pnutjam · · Score: 1

      The problem with this is the first states to do this get screwed because the other states will have congress-people and senators that have more seniority and get to sit on the better commitees, pack pork into the budget, etc...

    9. Re:Selectmen? Elect 'em! by bill_mcgonigle · · Score: 1

      Quite right. Any ideas?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  9. Make it a chain... of 5 by iamwahoo2 · · Score: 4, Funny

    Would be even better if they made a chain of hotels with locations in five cities.

    1. Re:Make it a chain... of 5 by 0xdeaddead · · Score: 1

      I heard on NPR that as soon as they find the others private residances it will be just that.

    2. Re:Make it a chain... of 5 by ndege · · Score: 1

      Somebody please mod parent up as insightful!

      --
      Sig Return: 204 No Content
    3. Re:Make it a chain... of 5 by pthisis · · Score: 1
      Would be even better if they made a chain of hotels with locations in five cities.


      That would be incredibly dumb considering that this decision didn't do anything other than reaffirm previous rulings; no new eminent domain powers were granted.

      I don't see why this Court is taking so MUCH flak for upholding something that the Court has upheld on numerous occasions in the past, and I don't see why people think using eminent domain to take private property and transfer it to another private owner is anything new.

      A clear statement of this is 1954's Berman v. Parker ruling which read in part:
      it is not beyond the power of Congress to utilize an agency of private enterprise for this purpose, or to authorize the taking of private property and its resale or lease to the same or other private parties

      But the principle goes back much farther; e.g. Luxon v. North River Bridge (1894) where a bridge was taken from one owner and transferred to anohter who could run it more efficiently and produce more tax revenue.

      And there's the recent Wayne County v. Hancock (1981) where it was ruled legal under the US Constitution to take people's homes for the construction of a new General Motors plant. That was later held to be a violation of Michigan state law, but there was no US Constitutional problem.

      In short, I can understand that people don't like this. What I don't get is why people are treating it as though it's some new precedent, or some change in how things have been. Or why they're mad at this Court in particular, and what legally they think has changed in the last 20 or so years that would make it possible for the Court to rule this unconstitutional, when it's clearly been considered legal for over a century.

      And such use of power has been broad, so it's not like this is some hidden or niche power that should be surprising to people; urban renewal programs in the 50s and 60s used it widely, Baltimore's Inner Harbor was rebuilt using such powers (to transfer land to other private parties), etc.
      --
      rage, rage against the dying of the light
    4. Re:Make it a chain... of 5 by iamwahoo2 · · Score: 1
      because the whole idea behind property is that you get to decide when you should or should not sell it. It BELONGS to you regardless of how many corrupt ruling have happened in the past.

      If it takes new laws to keep this from happening anymore, then so be it. But for most of us who understand what the words "property" and "ownership" mean, we do not see it as necessary.

      That is what this whole dispute boils down to and why 4 of the justices did not support the decision. It is a difference of opinion on what "ownership" truly is.

    5. Re:Make it a chain... of 5 by pthisis · · Score: 1

      [quote]because the whole idea behind property is that you get to decide when you should or should not sell it.[/quote]

      I don't know what country you're in, but that's never been true in the US. Even before the 16th Amendment, real property (e.g. land) was something you had to pay yearly to keep, as it still is. And nobody sane doesn't agree with eminent domain in some cases (e.g if needed to put in a water treatment plant for the town)--and at the very least you'd have to admit that refusing something like that would be a matter of new policy and not a matter for the Courts to decide.

      Historically, too, almost nobody objected to the use of it to, for instance, build the interstate highway system or the railroad system, even though large parts of those were turned over to private companies (everyone from turnpike authorities to robber barons).

      And such uses in urban renewal projects in the 1950s and on were largely supported by public sentiment as well as Court rulings.

      You're basically saying that you think property ownership should be absolute, which is a radical change from how it's always been, and then expecting the Court to be the agent for such change rather than the legislatures.

      That's just wrong. I happen to agree with you that these transfers to private parties should be illegal, but having the Court make that change would a horrible example of what the neocons call "activist judges".

      --
      rage, rage against the dying of the light
    6. Re:Make it a chain... of 5 by Phexro · · Score: 1

      "it is not beyond the power of Congress..."

      Congress had nothing to do with this, it happened at a local level.

    7. Re:Make it a chain... of 5 by jmitek · · Score: 1

      Then again, the developer is just using his legal rights. He deserves due process and is well within the law. It will eb interesting to see what happens. As to the fact that it's meant to be a comment on society, well that's a different matter.

    8. Re:Make it a chain... of 5 by pthisis · · Score: 1

      [quote]Congress had nothing to do with this, it happened at a local level[/quote]

      Right, but there's no additional Constitutional restriction on local governments with respect to eminent domain. The only reason it was Congress in this case was because the seizure was in DC (which Congress governs); similar seizures happened in actual states at the behest of local governments.

      --
      rage, rage against the dying of the light
    9. Re:Make it a chain... of 5 by doubledoh · · Score: 1
      Historically, too, almost nobody objected to the use of it to, for instance, build the interstate highway system or the railroad system, even though large parts of those were turned over to private companies (everyone from turnpike authorities to robber barons).

      Historically, "almost nobody" objected to enslaving blacks, forcing children to work in factories for 14 hours a day, and not giving women a vote. Historically [some moronic behavior] was legal, but now because we've progressed, that [moronic behavior] is now outlawed.

      I think any rational "sane" person knows that it is no one's right, least of all the government's, to take away YOUR property so that it can boost tax revenues! F you and your "historical"/backwoods interpretation of MY rights. If you want to give away your property to the government for what they consider "reasonable" compensation, then be my guest. As for the rest of us, we feel property ownernship and our freedom to own it without fear of it being stolen from us by big brother is far more reasonable than the unjust determinations made by corporate pawns masquerading as "justices" for the supreme court.

      That's just wrong. I happen to agree with you that these transfers to private parties should be illegal, but having the Court make that change would a horrible example of what the neocons call "activist judges".

      The supreme court was intituted specifically so they could make changes or completely reverse unjust laws or misinterpretations of laws! They are supposed to make sure that all laws passed by congress or states do not contradict the Constitution, and giving away someone's private property to another private party is a clear violation of the constitution, and if I may say so, is sickening. What is even more sickening is that there wasn't a unaninimous decision against these unconstitutional laws. I'm even more flabergasted with this ruling than I was with the Grokster case.

      Thomas Jefferson wrote: "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

      I think it's about that time.

      --
      I think, therefore I doh.
    10. Re:Make it a chain... of 5 by pthisis · · Score: 1

      Historically, "almost nobody" objected to enslaving blacks, forcing children to work in factories for 14 hours a day, and not giving women a vote.

      Yep. And historically, when people realized those were wrong, the legislature acted to change them. In fact, for 2 of those we passed Constitutional ammendments. The Court didn't just make up arbitrary new rules.

      --
      rage, rage against the dying of the light
    11. Re:Make it a chain... of 5 by anoiniminious+cowher · · Score: 1

      Would someone please mod parent up? Just because you don't agree if the point doesn't mean it's not insightful, interesting etc.

    12. Re:Make it a chain... of 5 by Anonymous Coward · · Score: 0

      and giving away someone's private property to another private party is a clear violation of the constitution,

      sorry to reak it to, but you do realize it is the constitution that allows eminent domain?

      i don't like the idea that the govt can take your property away from you, but the judges just upheld the ruling based on both previous cases and the wording of the constitution. if you don't like what the constitution says about it, you better get on the phone to your representative, and get them to sponser a new amendment.

      or here is another option in case your representative won't listen, move to a state like michigan that has enacted their own state laws to protect their citzens.

    13. Re:Make it a chain... of 5 by KlomDark · · Score: 1

      You sir, are an anti-American, anti-capitalist sheep and you have no place in this country.

      Our whole economy is based on capitalism, which implies ownership of property. What these SCOTUS people did was knock out the keytone of the whole foundation - saying that we cannot truely own anything.

      You have a responsibility to stand up against things that are wrong, you are not upholding your part of the deal, so you should go move to a communist country, as that is what you support.

    14. Re:Make it a chain... of 5 by doubledoh · · Score: 1

      I'm baffled that so many of us have to keep repeating ourselves: There is a big difference between taking private property under "eminent domain" and using it for public use and taking private property and giving it to another private party. This is NOT covered under "eminent domain" and it is definately NOT allowed in the Constitution.

      --
      I think, therefore I doh.
    15. Re:Make it a chain... of 5 by pthisis · · Score: 1

      Our whole economy is based on capitalism, which implies ownership of property. What these SCOTUS people did was knock out the keytone of the whole foundation - saying that we cannot truely own anything.

      In order to "knock out the keystone", you'd have to be changing things. This decision affirmed the status quo, so it's hardly a system-threatening one.

      I agree with you that such seizures ought to be banned.

      What I don't get is why people are reacting as though this is some new development or some earth-shaking power: the right of the government to use eminent domain power to transer property to another private entity is one that's been upheld in the Courts for decades (really, since the 1800s at least).

      And I don't get the anger at _this_ Court. They're not breaking any new ground. The place to change this is in the state legislature (or through Constitutional amendment).

      --
      rage, rage against the dying of the light
    16. Re:Make it a chain... of 5 by pthisis · · Score: 1

      There is a big difference between taking private property under "eminent domain" and using it for public use and taking private property and giving it to another private party

      As I said earlier, there are plenty of cases going back to the 1800s allowing the use of eminent domain to take property and give it to another private party. See the court cases I cited above, all of them involve seizure of property for assignment to another private party.

      There's no indication that the Founding Fathers didn't intend this, and the English common law certainly allows it.

      Your desire to have "public use" mean "owned and operated by the government" simply isn't an accurate interpretation of what that clause has always meant.

      I happen to agree with you on what the policy _should_ be, but it's a matter that clearly needs legislative action. The Court would have been way out of line to create such a broad public policy change without Constitutional or statutory changes.

      --
      rage, rage against the dying of the light
    17. Re:Make it a chain... of 5 by silicon+not+in+the+v · · Score: 1

      OK, Mr. pthisis, I'm getting kinda bothered by your repeated mis-characterisation of case law. Please read the full document that contains the ruling and the two dissenting opinions. The dissenting opinions give the actual case law backing for why this is wrong, which I think holds more credibility from multiple career judges than your amateur opinion.

      Contrary to your assertions, here is some of the historical background, as detailed in the dissenting opinions. The founding fathers were trying to set up the 5th amendment to directly counter the kind of assumption by government that they had been seeing from the monarchy. It was strictly to be used for direct public use (roads, schools, etc.). That was gradually extended somewhat through some of that case law, which is where the "blight" factor comes in. Basically, if an area is deemed really really bad, such that it is a mess and a high crime area, etc. then they could condemn it and buy for a revitalization type work, which may be contracted out.

      This new decision is not a reaffirming, as you say, but crossing a very bad line in further extending and broadening the justification of taking land. Instead of any actual blight, where the land is in really bad shape and desperately in need of improvements, the new rule they have condoned is that ANY proposed improvement, even places that are perfectly fine, is grounds for taking land and giving it to a developer.

      So, your information is incorrect. I encourage everyone to read the full decision and dissenting opinions so that they can be better informed than being misled by you.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    18. Re:Make it a chain... of 5 by pthisis · · Score: 1

      The dissenting opinions give the actual case law backing for why this is wrong, which I think holds more credibility from multiple career judges than your amateur opinion.

      Looking at the full document, it appears that multiple career judges agree with my position--more of them, in fact, than agree with yours.

      The founding fathers were trying to set up the 5th amendment to directly counter the kind of assumption by government that they had been seeing from the monarchy. It was strictly to be used for direct public use (roads, schools, etc.).

      This is certainly untrue. You can find cases of eminent domain power being used for indirect public policy goals at least from the early 1800s (e.g. to take land for the creation of private textile mills), when the founding fathers were still in power. Really, Thomas Cooley (b. 1824) was the first prominent US politician to campaign against such uses of eminent domain. Before then, it wasn't just accepted; nobody even thought to question it.

      The purpose of the 5th amendment was to prevent expropriation: the taking of property without just compensation.

      That was gradually extended somewhat through some of that case law, which is where the "blight" factor comes in. Basically, if an area is deemed really really bad, such that it is a mess and a high crime area, etc. then they could condemn it and buy for a revitalization type work, which may be contracted out.

      This new decision is not a reaffirming, as you say, but crossing a very bad line in further extending and broadening the justification of taking land. Instead of any actual blight, where the land is in really bad shape and desperately in need of improvements, the new rule they have condoned is that ANY proposed improvement, even places that are perfectly fine, is grounds for taking land and giving it to a developer

      I'm sorry, but this is just wrong. The 1954 Berman case not only doesn't require "blight", it says that government interests far less serious than economics (e.g. "beautification") are sufficient public goals to justify seizure and transfer to other private parties.

      That case specifically says that taking non-slum, non-blighted areas is fine if a legislatively defined public policy goal is being served. It also says that the legislature has very broad powers to determine what those public goals are, and some of the values it allows for are far more nebulous and less obvious than economic improvement.


      To take for the purpose of ridding the area of slums is one thing; it is quite another, the argument goes, to take a man's property merely to develop a better balanced, more attractive community...We deal, in other words, with what traditionally has been known as the police power. An attempt to define its reach or trace its outer limits is fruitless, for each case must turn on its own facts. The definition is essentially the product of legislative determinations addressed to the purposes of government, purposes neither abstractly nor historically capable of complete definition. Subject to specific constitutional limitations, when the legislature has spoken, the public interest has been declared in terms well-nigh conclusive. In such cases the legislature, not the judiciary, is the main guardian of the public needs to be served by social legislation, whether it be Congress legislating concerning the District of Columbia (see Block v. Hirsh, 256 U.S. 135 ) or the States legislating concerning local affairs...This principle admits of no exception merely because the power of eminent domain is involved. The role of the judiciary in determining whether that power is being exercised for a public purpose is an extremely narrow one...Public safety, public health, morality, peace and quiet, law and order - these are some of the more conspicuous examples of the traditional application of the police power to municipal affairs. Yet they merely illustrate the

      --
      rage, rage against the dying of the light
  10. Cool by The+Bungi · · Score: 1
    That video is really cool. It's a bit chilling to think that the same people in the same submarine using the same systems and essentially the same ballistic technology would have been used to launch nuclear-tipped SLBMs at cities in the US and Europe.

    It's also nice to see that Russia can still do these things, considering the deterioration of their strategic submarine forces in the past 15 years. Regardless of the ultimate success of the vehicle itself.

    The world has changed a lot.

    1. Re:Cool by QuantumG · · Score: 1

      "Ok, the satellite is loaded, fire tube 2!" "Ok, firing." "Hey, I said tube 2 not tube 1, you just nuked Cleveland!"

      --
      How we know is more important than what we know.
    2. Re:Cool by Armadni+General · · Score: 1

      The whole of Russia has really deteriorated. It seems they've largely joined the western world, lack of concern or unity included.

      What's really sad, though, are the port cities and shipbuilding towns. Ever since the fall, they've been blighted with poverty epidemics.

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

      Russia is far worse, as the lack of concern was widespread throughout due to communism/socialism. They're actually slowly digging out. Poverty is actually _less_ widespread than it was 10 years ago. (Overall. As you point out, some areas are not recovering)

      "why do I work/clean/care/etc when the government will take care of me anyway"

      Unfortunately, this thought process is advancing in the western world.

    4. Re:Cool by mpn14tech · · Score: 1

      They may have the ability to launch the missiles, but based on previous mishaps I have to wonder if they would have ever reached their destination anyway.

  11. WebQuark? by Doc+Ruby · · Score: 2, Interesting

    I just saw a demo of a WYSIWYG, drag & drop Web page editor, where you drag around page elements: real text (with associated styler/editor) sections, images, video windows, all scaleable/positionable/stylabe. HTML is seen/touched only on demand, not to layout. It's written in JavaScript, .NET and connects live to a SQLServer backend for its library, including saved pages. It all runs in an unmodified Internet Explorer, without ActiveX, Java or other client-installed SW. They say the update for FireFox is almost ready, just bugfixes - not a plugin.

    That's the kind of "HTML editor" I expected to see in common use literally a decade ago, by 1995. How come I don't see such things all over the place? Are they out there? Do I just need to get out more? Why aren't they a standard feature on every website with a content editing/creation feature for users?

    --

    --
    make install -not war

    1. Re:WebQuark? by dmaxwell · · Score: 3, Interesting

      Does it generate clean HTML or will web devs have to clean up after this tool as well?

    2. Re:WebQuark? by jarich · · Score: 3, Informative
      Does it generate clean HTML or will web devs have to clean up after this tool as well?

      I'm no HTML guru but it looks clean to me.

      I've pulled it down and installed it for myself and my wife. It's not perfect but very decent. It's better than FrontPage which is saying quite a bit.

      It has an annoying habit when you edit the raw HTML though... every time you save (CTRL-S), it switches to preview mode... quite annoying as I have a habit of saving after every line.

      The link editor doesn't let you specify the target for the new link so you have to add it by hand...

      But those are the only two complaints I have. Other than that, I think Nvu is the best HTML editor I've used.

    3. Re:WebQuark? by Doc+Ruby · · Score: 1

      The HTML looked pretty clean. But I tried only simple layouts. What would you suggest I try with it, when I test it again, that's hard for simple "HTML AI" to generate as simple code?

      --

      --
      make install -not war

    4. Re:WebQuark? by Phexro · · Score: 1

      "The link editor doesn't let you specify the target for the new link so you have to add it by hand..."

      The "target" attribute is deprecated in Strict DTDs, and should not be used.

    5. Re:WebQuark? by Hard_Code · · Score: 1

      Two other things:

      When you change to "view source" mode, all of a sudden you lose your tabs in the tabbed pane (e.g. if you had multiple documents open, the tabs just disappear).

      Also, the tabs on the bottom are very... "weird". When selected, a tab doesn't just "come to the front", it inverts upside down as if the selection process "flipped" the tab. That certainly is not in keeping with any other interface, or indeed the real world equivalent of the tab metaphor.

      --

      It's 10 PM. Do you know if you're un-American?
    6. Re:WebQuark? by jarich · · Score: 1
      The "target" attribute is deprecated in Strict DTDs, and should not be used.

      What should I be using instead? Like I said, I'm not an HTML guru...

    7. Re:WebQuark? by Sheriff+Fatman · · Score: 2, Informative

      Stick with target, but use the XHTML Frameset DTD instead.

      --
      -- Open Source: It's mad, but you don't have to work here to help.
    8. Re:WebQuark? by Shaper_pmp · · Score: 2, Informative

      "It's better than FrontPage which is saying quite a bit."

      Really? I dunno if Frontpage has improved beyond recognition over the last couple of years, but last time I looked at it the phrase "better then Frontpage" said nothing at all . ;-)

      "The link editor doesn't let you specify the target for the new link so you have to add it by hand..."

      The TARGET attribute of links has been deprecated according to XHTML 1.0 Strict - this is part of an effort to separate content, presentation and behaviour.

      Instead, you should code a normal link to the destination, but add a javascript event handler that disables the link and opens a new window with the same link in it.

      This way, browsers that don't understand javascript follow the link like normal, but javascript-aware ones execute the javascript instead.

      The "sanctioned" solution to this problem is as follows:

      <a href="http://link-destination" onclick="window.open('http://link-destination'); return false;">pop-up link</a>

      The HREF attribute allows non-javascript (or just people using "open link in new window") to open the link correctly.

      The onclick event handler grabs control in javascript-aware browsers, and opens a new window.

      Returning false from the event handler prevents the onclick event from "succeeding", so the parent browser window doesn't also follow the HREF link.

      The upshot of this is that this code degrades gracefully to a normal link for non-JS browsers, but for JS browsers it opens the link in a new window and leaves the current window at the same location. Oh yeah, and you can also still see the link destination in the status bar when mouseovering (mousing-over?) it. (Yay! Pet hate!)

      As a final refinement (as I always do), instead of calling window.open() directly you could just call a javascript function that takes the URL, windowname and chrome settings, and calls window.open() itself. This allows you precise control over the window settings without cluttering up your code, and moves more of the javascript logic out of your HTML file and into a separate .JS file (again, separating content and behaviour).

      Hope this helps ;-)

      --
      Everything in moderation, including moderation itself
    9. Re:WebQuark? by Arker · · Score: 1

      Don't use it.

      If I want the bloody link in a new window I'll right click and choose 'open in a new window' thanks.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    10. Re:WebQuark? by Arker · · Score: 1

      It's better than FrontPage which is saying quite a bit.

      No, actually, that's saying very little. About as little as you can say and still have opened your mouth, I'm afraid.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    11. Re:WebQuark? by aug24 · · Score: 1
      It has an annoying habit when you edit the raw HTML though... every time you save (CTRL-S), it switches to preview mode...

      That's my biggest gripe too. Apart from that it makes clean, neat HTML IMO.

      J.

      --
      You're only jealous cos the little penguins are talking to me.
    12. Re:WebQuark? by VolciMaster · · Score: 1
      It's better than FrontPage which is saying quite a bit.

      Heaven help us all! being better than FrontPage is saying quite a bit?

    13. Re:WebQuark? by ckaminski · · Score: 1

      Care to name this magical editor?

    14. Re:WebQuark? by da · · Score: 1

      Have you tried running the results through the W3C's [X]HTML Validator. That's really the only sensible test...

      --
      I reserve the right to be wrong.
    15. Re:WebQuark? by PeterPumpkin · · Score: 1
      Thats simple enough:

      <a href="http://foo.com" onclick="window.open(this.href); return false;">


      window.open(this.href) opens a new browser window with the link's URL, and return false prevents the link from also loading in the parent window.

      No javascript? No problem! It will load just like a regular link will.

      You can use this to work around agressive popup blockers, or situations where the page takes awhil e to load, and blocker's like mozilla's are agressive while the page is loading.

      foo = window.open(this.href); if (foo) {return false};

      So if the window fails to open, it won't prevent the link from loading in the current window.
    16. Re:WebQuark? by Enigma2175 · · Score: 1
      The HREF attribute allows non-javascript (or just people using "open link in new window") to open the link correctly. The onclick event handler grabs control in javascript-aware browsers, and opens a new window.

      The problem with this method is that most (browsers|people) block the window.open method to prevent pop-up advertisments.

      --

      Enigma

    17. Re:WebQuark? by Doc+Ruby · · Score: 1

      I'd like to, but I'm under NDA, and I'm sure that "mentioning it on Slashdot" counts :). I've been asked to analyze it as an acquisition as part of a content management suite being developed for deployment later this Summer. The first question the acquirer asked me was "how come these things aren't already common?"

      I think it's because the growth of the Web divided producers and consumers into different groups, despite the "anyone can do it" vision of Berners-Lee. The producers created a profession, "HTML Programmer" or "Web Designer", swaddled in trumped-up mystique of specialist expertise. Then used Notepad or Dreamweaver, standalone editors. Because these people are really graphic designers/artists, they want a tool that is an evolution of what they already use, what everyone already uses.

      They're conservative, even fearful of new tech that could let some new kids jump them the way they jumped their print predecessors. So there was never a market that could be reached by a real browser Web editor. So no one ever spent the time to produce one.

      Now, though, things have changed. The bottleneck of editing HTML can no longer be ignored, now that so many face it every day. Many more people are creating Web content, like blogs, discussions, media sharing sites, family websites, invites, etc - so the "pro" barrier is facing pressure by lots of amateurs. And most SW use is now in a browser, rather than installed standalone clients. The mindset is changed. Just as we've seen a few years pass with talented programmers having spent some time off after the bubble, with the money to spend time on making editors. So some are popping up.

      I just happen to be analyzing this one. I hoped that Slashdotters had more to tell me about others. But apparently not. It's really hard to believe that there's only one, after all this time, given that it's been needed by so many for over a decade now. But then, I never wrote one, either.

      --

      --
      make install -not war

    18. Re:WebQuark? by Shaper_pmp · · Score: 1

      Really? This method works on every browser I've tried it on, including FF with all ad-blocking turned on. And, to be fair, most people don't have the slightest clue what window.open() means - by "most people" here I think you mean "the very, very bleeding-edge of the technically literate, who also use Firefox and don't find the built-in popup-blocking functionality good enough".

      "Most people" here, in fact, means "practically no-one" ;-)

      Even so, as a rule most Adblockers I've seen seem to permit window.open()s, as long as they come fro ma user-initiated action (onclick event handler, etc).

      As I said, it's not foolproof, but then nothing ever is. What you can say about this is that it conforms to the specs, it separates content and behaviour, it validates, it's the best option available, and it works on about 90+% of the people who'll be browsing your site.

      --
      Everything in moderation, including moderation itself
    19. Re:WebQuark? by ckaminski · · Score: 1

      Understood. Well, I look forward to seeing it when it hits the market. I too have been wondering a bit about this lately, and this company better enjoy their time on top. What with AJAX and it's ilk coming around, I imagine it's a short period of time before the OSS community gets it into their collective little head.

      Part of me, composing this post, is wondering why we're still using non-WYSIWYG entry boxes to compose things on the web (/. posts, wiki's etc) and not direct editing of page content. There's really no reason for it now, IMHO. A few shortcomings in the Javascript model are all I can see.

      Anyhow, good luck to 'em. And thanks anyway.

  12. Or: One down, four to go. by Deathbane27 · · Score: 2, Funny

    That's how I was about to phrase my comment, but you beat me. :p

    New London should also elect new committee which would then sieze the homes of the former one. >:)

    --
    If it ain't broke, it needs more features!
  13. Cosmos 1 and failure by FleaPlus · · Score: 4, Interesting

    Glenn Reynolds (i.e. the Instapundit) recently wrote a piece for Tech Central Station on the failure of the Planetary Society's Cosmos 1, which I thought was quite well-said. Here's a quote:

    http://techcentralstation.com/062905J.html

    Some might accuse [Planetary Society directory] Friedman of putting a Pollyannaish spin on things, but I'd say he's learned the most important lesson of all: It's hard to accomplish much if you're afraid to fail.

    The history of success in all sorts of endeavors -- including the early days of space travel, when we were making rapid progress -- is a history of repeated failures. I don't think it's a coincidence that when the failure rate declined, so did our rate of progress. You learn from failure, and you learn from trying lots of different things. Unfortunately, fear of failure -- like fear in general -- is contagious. But fortunately, so is bravery. When people act unafraid of failure, other people may pick up on the message.

    The Planetary Society's mission was, really, a failure: It was supposed to test solar sails, and it never got the chance. But, simply by happening, and by having the Planetary Society emerge with its head bloody, but unbowed, it accomplished something useful by opening up (metaphorical) space for others to try risky but low-cost approaches without worrying too much about the fallout. And that's good.

    Because, as I've noted before, when you're not afraid of failure you can try lots of different things and figure out what works best. If you're afraid of failing, on the other hand, you build huge, process-laden, documentation-heavy, behemoths that -- in a way -- are already failures before they ever start because they're too hard to change and improve, and because they don't generate enough useful knowledge to allow further progress. (See, e.g., the Space Shuttle program).

    The Planetary Society's launch, despite Lou Friedman's views, failed. But the approach it embodied is the only approach that's likely to achieve substantial success in the long run. And that's a kind of success in itself. Let's hope that we'll see more of this sort of thing in the future.

  14. Deskstar by yatahaze · · Score: 1

    I went and found 2 Deskstar's that I still have, got all excited, told some friends... then I read that it's for USA only. That really blows.

    --
    PS - This is what part of the alphabet would look like if the letters Q and R were removed. ~Mitch Hedberg (1968-2005)
  15. Take That Farmhouse... by __aaclcg7560 · · Score: 2, Funny

    If the Supreme Court Justice's farmhouse can be taken to build a hotel, it won't be long before the Earth is replaced with a Galatic Freeway.

  16. Maybe this is a victory of sorts? by otter42 · · Score: 4, Interesting

    I had the idea that we should found a small community and then declare copyrighted works public domain. Now of course you couldn't do that for everything, since major corps like Disney would shit lawyers on you, but you could declare eminent domain on all copyrighted works over 20 years-old. if anyone complains, you "reinstate" their copyright. For a fee.

    The economic claim is not only simple, but real. Imagine now you can scan and digitally print those old photos of your grandparents, you can archive old books and movie, and you can adapt and derive with impunity. That's one magnificent cottage industry just waiting to be formed.

    So maybe this USC decision will actually have a silver lining. Without doing anything quite so ridculous and doomed to failure as traing to seize a Supreme Court justice's house.

    --
    www.eissq.com/BandP.html Ball and Plate System. Amuse your friends. Crush your enemies.
    1. Re:Maybe this is a victory of sorts? by HeelToe · · Score: 1

      I wish I had mod points. I'm not sure your idea would work exactly as stated, but I bet someone could come up with something along very similar lines with respect to copyright that would.

      Civil disobedience!

    2. Re:Maybe this is a victory of sorts? by Anonymous Coward · · Score: 0

      Civil disobedience is citizens breaking unjust laws, and suffering the punishment, in order to make the point that the laws are unjust. The parent's suggestion was pretty much the opposite of civil disobedience: attempting to follow an unjust law to make a point.

    3. Re:Maybe this is a victory of sorts? by praksys · · Score: 1

      Nice hack, but alas it won't work. Not for long anyway. Federal copyright and patent law pre-empts state and local law, and I suspect that Congress would pass a law preventing this sort of taking in a heart-beat.

      I also suspect that you would only be able to take such property from individuals or corporations residing within your jurisdiction.

  17. Not Always by linuxwrangler · · Score: 1

    My new Palm Tungsten E2 lists the warranty as 90 days but if you are in the EU it is 2 years. What gives?

    --

    ~~~~~~~
    "You are not remembered for doing what is expected of you." - Atul Chitnis
    1. Re:Not Always by numark · · Score: 2, Informative

      The European Union requires that all consumer goods sold within the Union have at least a 2 year warranty on them. The US has much less strict standards (often none at all), and therefore companies can get away with offering short warranties.

      --
      Want Slashdot headlines on your site? Try SlashHead
  18. Re:Deskstar (DEATHSTAR) by Regul8or · · Score: 1

    Sucks to be you! I'm already planning my retirement in light of this news.

  19. Getting the $100... by wmansir · · Score: 1

    seems to be very difficult. The requirements:

    1. Purchased a 75GXP
    2. Experienced HD failure
    3. NOT received a non-75GXP replacement or refund from anyone (IBM, Retailer, ect)
    4. NOT received a 75GXP replacement, unless that replacement failed and you did not received a replacement or refund for that drive
    5. Have your HD failure on record at IBM tech support, the IBM RMA database, or the "IBM 75GXP" database maintained by the Sheller Ludwig & Badey law firm as of February 15, 2005.

    So, basically you need to have had multiple 75GXP failures until you just gave up on the warrenty process, or had a failure outside of warrenty but decided to report it to IBM just for fun, or had a failure and somehow knew about this lawsuit and the "IBM 75GXP" database being compiled and got on the list before Feb. 15.

    Otherwise you get door #2 for just having proof of purchase of a 75GXP:

    1. 25 CD-R w/ Jewel cases
    OR
    2. 15% off coupon for IBM products, max $300 off.

  20. Deskstar 75gxp? by Anonymous Coward · · Score: 0

    Great... just great... how about my two 40gb Desktar IC35L040 drivers from 2001 that crapped out?

    Yeah all I need is another reason to keep old shit.

  21. Judicial Review by Anonymous Coward · · Score: 0

    You're operating under the assumption (as well as most of America, I might add) that Judicial Review, A.K.A. the Supreme Court having the power to interpret laws in a general sense, not just in a particular case, is legit, when in fact it is written nowhere in the Constitution or any of the Amendments. It's a power the Supreme Court granted THEMSELVES in the early 1800s, and they have remained unchecked since then. Read the Constitution. The Supreme Court was created to be the highest court in the land, to make the final decision should an appeal go that far, not to distort the laws of the land to let atrocities like this occur.
    Not to mention the fact that this infringes on basic rights protecting against unwarranted search and seizure. Besides, a statement like this needs to be made in order to get Congress to CHANGE laws to prevent this from happening again, if it was in fact legal, which I doubt.

  22. Impeach the surpream court by bluGill · · Score: 4, Insightful

    Many people do not realize that supream court justices can be impeached.

    Section. 2.

    Clause 5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

    Section. 3

    Clause 6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
    Clause 7: Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

    Section. 1.

    The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

    Amendment V

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    Since clearly those 5 justices cannot read, congress has a duty to remove them from their office. I know many of you don't like the idea of Bush choosing 5 justices (perhaps more, there are rumors of retirement), but that is better than letting these 5 sit on then court. Write your congressmen and make it so.

    Actually they don't need to be removed from office, just a reminder that the constitution governs this land may be enough.

    1. Re:Impeach the surpream court by Anonymous Coward · · Score: 0

      Since clearly those 5 justices cannot read [...]

      Yeah, make up insults. That's going to help.

      As you were so helpful to quote: "[...] nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

      They're being deprived of property, but only after due process of law. And they're going to receive compensation; that was never at issue.

      So while I disagree completely with the ruling, and think that it goes completely against the founders' intent, it isn't technically in violation of the fifth amendment.

      Check your reading skills next time, before you go try to take on a majority of the supreme court justices. You may not agree with them, but they did go to school...

    2. Re:Impeach the surpream court by Anonymous Coward · · Score: 0

      ...nor shall private property be taken for public use, without just compensation.

      The main issue in the case was whether the seizure applied as 'for public use.' They determined that if they did not seize the land for private investment the neighborhood would become blighted thus satisfying the first requirement. The people are being paid for the land so the compensation part doesn't even apply.

    3. Re:Impeach the surpream court by anubi · · Score: 1
      "I know many of you don't like the idea of Bush choosing 5 justices (perhaps more, there are rumors of retirement), but that is better than letting these 5 sit on then court."

      Ummm... could somebody who knows post how the "Bush 5" voted?

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

    4. Re:Impeach the surpream court by ajax142 · · Score: 1

      Actually the Justices are quite capable of reading, the 5th amendment clearly reads, as you so nicely pointed out: ...nor shall private property be taken for public use, without just compensation.

      In the Kelo v. New London case the homeowners who refused to give up their land WERE offered compensation for their private property. When they refused, then and only then were they lots ordered condemned. This actions would be exactly the same if the land was being used for a road, park, or other more generaly though of public use facility.

      The entire court document is here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?c ourt=US&vol=000&invol=04-108 and is worth a read. Besides handing out decision the Justices pump out some well written documents.

    5. Re:Impeach the surpream court by HunterSun · · Score: 1

      The problem, while I do not like the ruleling. That bolded line states exactly what the judges ruled. Fair compensation must be given. What is not stated is whom gets to declare what is fair compensation. In this, the Counties are given the authority to decide what is just.

      Enforcing the law, does not mean you agree with it. What we should be yelling at is for congress to explicity state the law to what we all agree is just.

    6. Re:Impeach the surpream court by bluGill · · Score: 1

      The law stated public use. This is clearly private use. By your reading no payment at all was required because the land was taken for private use.

    7. Re:Impeach the surpream court by (H)elix1 · · Score: 3, Insightful
      nor shall private property be taken for public use, without just compensation.

      You know, I would love to think I could interpret that to mean exactly like it sounds, but after seeing how

      "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"

      is implemented, I'm not hopeful...
    8. Re:Impeach the surpream court by StikyPad · · Score: 1

      I know many of you don't like the idea of Bush choosing 5 justices (perhaps more, there are rumors of retirement), but that is better than letting these 5 sit on then court. Write your congressmen and make it so.

      I guess you're not familiar with the phrase "choose your battles?" Trying to unseat justices when you know they'd be replaced with people you're more likely to disagree with is just shooting yourself in the foot.

      Change for change's sake is a fool's creed.

      Also you're not Picard, and I'm not your #2.

    9. Re:Impeach the surpream court by Anonymous Coward · · Score: 0

      Four of the "Bush 5" (assuming you're referring to Bush v. Gore) dissented. IIRC, the exception was Kennedy.

    10. Re:Impeach the surpream court by Reziac · · Score: 1

      Don't worry, that'll be the NEXT case to make it to SCOTUS. :/

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    11. Re:Impeach the surpream court by HexaByte · · Score: 1
      ...nor shall private property be taken for public use, without just compensation.

      Obviously, you don't understand the SCOTUS' way of thinking. You see, in the "prenumbra of rights" (i.e., that part of the Constitution that says they can make up whatever they want and call it the law of the land), it's clearly implied, that private property CAN be taken for PRIVATE use!

      That's why they ruled that way!

      You also GREATLY misunderstand the Congress, if you believe that they have the gonads to impeach a S.C. Justice!

      --
      HexaByte - he's a square and a half!
    12. Re:Impeach the surpream court by saitoh · · Score: 1

      I agree with the dislike of the ruling (as I am now in a sticky spot myself), but I'll bite on the logic of impeachment since you took the time to dig up some references.

      It is true that supreme court justices can be impeached, but the grounds for impeachment being "high crimes and misdomenors", not "unconstitutional opinions".

      From the Regency School of Law, article by Steven Fitschen:

      One of the most intriguing aspects of the history of impeachment in America is that no judge has ever been impeached for some of the behaviors that citizens are the most concerned about. As they are today, in the wake of the Romer decision, Americans have often been concerned about judicial activism, judicial tyranny, evolutionary jurisprudence, rendering unconstitutional opinions, and the like. Indeed, at least one opponent of the current impeachment movement, Bruce Fein, has made much of this fact.

      However, there are several historical reasons why impeachment has never been attempted for these offenses. In 1803-1805, President Thomas Jefferson attempted to use impeachment as a political weapon against Federalist judges. Jefferson, and those pursuing impeachment in the House, properly understood that "high crimes and misdemeanors" was an elastic term, designed to encompass unindictable offenses. However, they abused the process by attempting to circumvent the limits the Framers intended for the term.

      History is the best guide to understanding why the term "high crimes and misdemeanors" was chosen. History also demonstrates that Jefferson went beyond the Framers' intent when he sought to use impeachment to remove federal judges simply because they belonged to the opposing political party. Anyone who seeks to do the same today would be guilty of the same error. However, anyone who seeks to remove tyrannical federal judges would use the tool of impeachment exactly as intended by the Framers.

      OA:
      www.regent.edu/acad/schlaw/academics/lawreview/fit schen.html

      Take it as you will.

      --
      We don't need an "overrated" so much as we need a "you completely missed the parent's point, dumbass..."
    13. Re:Impeach the surpream court by bluGill · · Score: 1

      Intersting article. It however seems to contradict what you are saying. An unconstitutional option is in fact reason to impeach a judge - that is the only power we have to check the judicial branch, other than a constitutional amendment. Since the original amendment is clear, further amendments will not help as the judges will continue to ignore the public use part.

      This article has sought to show that the current movement to impeach federal judges for tyrannical behavior is on firm footing.

    14. Re:Impeach the surpream court by bluGill · · Score: 1

      After reading Thomas's discent, it is even clearer that the court is saying: they can take any land they want, but if it is for public use they must provide just compensation. Private use (such as this case) doesn't require any compensation. (It is of course polite to provide some, but not required)

    15. Re:Impeach the surpream court by Anonymous Coward · · Score: 0

      Yes, they were offered compensation, but the amount offered was far less than the tax valuation of that property.

      If you own property, then you know that tax valuations are not a true reflection of the actual market value of the property, which is higher, sometimes markedly so.

      So, they could have been offered $1.00 and you could say they "had been offered compensation", and one could call that amount "just compensation" because the property's market value had dropped to nearly that level since being condemned.

      If memory serves, the "Boston Tea Party" was over taxes, much less offensive that having property stolen.

    16. Re:Impeach the surpream court by mutterc · · Score: 1
      In the dissenting opinions, the justices involved cite case law establishing that the Constitution is not to be interpreted as having any superfluous wording. (They used this argument in saying that "for public use" in the Fifth Amendment cannot have been superfluous, and this case is essentially having the effect of removing "for public use" from the Fifth Amendment's Takings Clause).

      The same argument could be used to get unlimited-term copyrights or patents ruled unconstitutional - if their terms were unlimited, the "for limited times" you highlight would be superfluous.

      Unfortunately, 5000-year copyright and patent terms would be within the letter of the Constitution, and the only Constitutional argument we could make about those is an "intent of the Framers" one - we could argue that 5000 years is practically unlimited...

      Hmmm... I wonder if we could make a "practically unlimited" argument about today's terms. Unfortunately, it would require someone to commit infringement, get prosecuted, and get their case appealed to the Supreme Court, and even then there's no guarantee of winning.

    17. Re:Impeach the surpream court by DerekLyons · · Score: 1
      nor shall private property be taken for public use, without just compensation.

      Since clearly those 5 justices cannot read,

      Nor clearly can you read, or understand what you read. The Kelso decision did not say that property can be taken without compensation. What it did do was add to the definition of of public use, ( which was essentially "roads, bridges, schools and other civic uses"), "and other projects believed to provide benefits to the goverment and by derivation the public, in the form of tax revenues, increase in the availability of jobs or other forms of civic improvement". Which is a very different kettle o' fish.
    18. Re:Impeach the surpream court by bluGill · · Score: 1

      I can read - I have read the decision. I have also read the 5Th amendment, not just quoted it. I also read the discents, which quite clearly state that with this ruleling the public use clause disappears because there is no such thing as something that cannot be called public use under the ruleling.

      It is Thomas's discent that considers the idea that property can be taken without compensation, so long as it is for private use. (He rejects it, but isn't positive the others will)

      There is no way this can be called a public use improvement. Perhaps jobs will be created but the people living in that area already have perfectly good jobs (or are retired).

  23. Jedia what? by DynaSoar · · Score: 1

    I still can't figure out what all this right honourable MR. MP sir business, and its correctness or incorrectness, has to do with Jedi. Am I missing the datum, or has eevryone neglected the point of the article in favor of niggling peripheral details?

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
    1. Re:Jedia what? by magefile · · Score: 1

      It's from a previous article (obviously, as this is a slashback). Summary: Britain is passing a law protecting religious beliefs against slander or sth. like that; this MP is saying (right or wrong) that if that's the case, he's gonna call himself a Jedi, and anyone who mocks him for it could be in trouble under this law. At least, that's how I understand it.

      IANAL, or an MP, or a UKer.

  24. I'd rather they pay the $1500 data recovery bill by Anonymous Coward · · Score: 0

    Rather than a $100 coupon, or refund I'd much rather have them foot the bill to have the data recovered from my drive.

  25. Impeach the surpreme court by TubeSteak · · Score: 1
    A lot of people don't realize that the famous "Life, liberty and the pursuit of happiness" quote is supposed to read:
    Locke wrote that under the law of nature, every man has "a power not only to preserve his property -- that is, his life, liberty and estate, against the injuries and attempts of other men, but to judge of and punish the breaches of that law in others."
    Guess who the founding fathers used as their main source of inspiration?

    Did you answer Locke? Good.
    Apparently the Supreme Court forgot about him.

    And the parent poster's spelling is quite iffy, as is his logic.

    Emminent Domain provides just compensation
    All SCOTUS did was redefine "the public good" & "public use".

    Not that I like what they did, but your reasoning is flawed.

    --
    [Fuck Beta]
    o0t!
    1. Re:Impeach the surpreme court by TubeSteak · · Score: 1
      Printer Friendly Version

      I'd encourage people to read the dissent, for the sole reason that Justice Scalia joined with it.

      For people who don't know, Scalia is supposed to be one of the conservative voices on the bench and is well known for his thorough dissents.

      It also doesn't hurt that The Chief Justice joined in the dissenting opinion.

      --
      [Fuck Beta]
      o0t!
  26. Toyota's Tide is Turning: A Brief Synopsis by Anonymous Coward · · Score: 0

    As any individual who has paid close attention to the automotive industry can tell you, the cyclical nature has brought boom and bust to almost all major automakers, save two. Those two, BMW and Toyota, have enjoyed a period of steady growth since both companies' inceptions in the late 1950's. While BMW is still on track for another year of increasing profits, this article will focus on what looks to be an unlikely shadow in the 21st century automotive industry - once mighty Toyota.
    Toyota first started in 1947 in the aftermath of what was Japan post-WWII. Much in the same way that current-day Chinese competitors illegally copy the IP and designs of cars such as the Chery QQ, Toyota's magnificent rise to fame was the one-off Willys Jeep replica, the Land Cruiser. Throughout the 1960's and 1970's, while Americans were enjoying vehicles with power, spirit and style, Toyota remained committed to dominating the market through conservative styling, reticent power, and an attention to rust.

    Needless to say, the inkling of Toyota in the American car-buying public's mind was not until the late 1970's. The oil crisis of the early 1970's changed the automobile market for decades to come. The Carter Administration issued a mandatory procedural change in early 1971 requiring all coastal ports to reject color-coded oil barrels from Iran, causing the price of gasoline to skyrocket to an inflation-adjusted figure of $13.73/gallon. Lines at the gas pumps were often miles long, and with vehicles getting about 9 miles per gallon on average, this caused quite a stress on the American buyer's mind.

    Toyota officially entered the American market on April 1st, 1973, a date which will forever live in infamy to the executives at the Big Three, then General Motors, Ford, and Chrysler. While the Big Three were brand new at producing models barely large enough to fit Ted Kennedy and his girlfriend on the inside, Toyota had been producing vehicles the size of golf carts for over two decades. As the quality of domestic manufacturers slipped, more and more people tried what was then called an "import," short for "unimportant." This cycle continued for almost 25 years, with the market share for domestics slowly slipping year after year. As perception lags reality, many mistakenly believe this is still true to this day.

    The first turning point in the fall of almighty Toyota is their first entry into the controversy-rife "hybrid" market in 1999. Called "hybrids" because of their ability to run electric motors on a mixture of oil and gasoline, the Prius was met with mixed reviews. Promising figures as high as 60 miles per gallon, the gas-buying public looked wide-eyed at the possibility of "energy independence." Intellectuals on the west coast such as Barbara Streisand and Ellen Degeneres sought to make a fashion statement in making saving the environment trendy. Things were looking up for the suits at Toyota, but the controversy was just beginning.

    Soon the reports started rolling in that hybrids were dangerous. EMT workers were scared to touch them at accident scenes, with batteries filled with gasoline with enough voltage to shock and kill a paramedic. Because the vehicles do not have a transmission, the electric motors can propel the vehicles down the road at tremendous rates of speed without warning. Emergency workers were trained not to touch Priuses, for fear of any number of dangerous incidents to put their lives in jeopardy.

    Realizing the initial success of Toyota, Honda took the next step in licensing Toyota's hybrid technology to implement into their Civic compact car. Their strategy was different, however. For Honda's hybrids, fuel injectors would not be powered electronically, thus the electric engine would only work when the main engine was on. While this produced less dramatic numbers for EPA estimates, Honda's move was enough to get themselves out of the limelight that was to be shed on the safety issues of hybrids in general.

    The mythical gasoline figures that Toyota had relied upon to pr

    1. Re:Toyota's Tide is Turning: A Brief Synopsis by Anonymous Coward · · Score: 0

      The Carter Administration was, in 1971, six years away from even existing. Nixon was President then, genius.

  27. better business by zogger · · Score: 1

    I think a better business instead of a hotel and museum for the seized judges land would be a brothel. It has more appropriate symbolism.

  28. Its about "public use", not "just compensation" by antispam_ben · · Score: 1

    Actually the Justices are quite capable of reading, the 5th amendment clearly reads, as you so nicely pointed out: ...nor shall private property be taken for public use, without just compensation.

    In the Kelo v. New London case the homeowners who refused to give up their land WERE offered compensation for their private property.


    That's not the contention. The contention is over the words public use, and whether it was legal for the Government to take their property at all, regardles of whether they would receive "just compensation."

    It's also well-known that when private property IS taken by government for any reason (whether truly for public use such as parks, schools, roads, or military bases, or to turn over to private entities which would pay more taxes on the property than the original owner would), the compensation given is NOT just - the amount paid is usually well below the market value of the property - but that's not what this ruling was about.

    OTOH, The (U.S. Federal) Government is the one entity that can use force (this means guns) against an individual without having to directly answer to another authority. One of the few 'indirect authorities' is the vote. When is the last time you (anyone reading this, not just parent), voted?

    While I'm here, I'll quote the first few sentences from that link you gave, bold highlighting by me:

    KELO et al. v. CITY OF NEW LONDON et al.

    certiorari to the supreme court of connecticut

    No. 04-108.Argued February 22, 2005--Decided June 23, 2005

    After approving an integrated development plan designed to revitalize its ailing economy, respondent city, through its development agent, purchased most of the property earmarked for the project from willing sellers, but initiated condemnation proceedings when petitioners, the owners of the rest of the property, refused to sell. Petitioners brought this state-court action claiming, inter alia, that the taking of their properties would violate the "public use" restriction in the Fifth Amendment's Takings Clause.

    --
    Tag lost or not installed.
  29. it's because we CAN make a big deal... by zogger · · Score: 0, Flamebait

    ...over government actions now, because of the internet and the ease of idea transfer and instant publishing. It used to be a royal PITA to get any contrarian views published outside of letters to the editor or expensive vanity press. For all I know, back in 54 it might have been contentious,we don't really know, but now when government does something that angers people, millions can and do say something about it. It's much easier now, people are reacting almost instantly to governmental transgressions. We don't have to get filtered through some millionaires corporate newspaper chain to get published, or go to some shady vanity press outfit and shell out the big bucks. Maybe if we had the internet sooner we wouldn't have such a screwed up system, it's corrupt and bogus. All the judges are POLITICAL APPOINTED CORRUPT TO THE CORE LACKEYS. PUPPETS. All of them. They ALL have paid their dues in the democrat and republican government hijacker mafias, or they never would have gotten close to being appointed and confirmed. The US Government as it stands now-all the branches and agencies and departments- is a for-profit criminal racket,using threat of armed force to steal people blind over and over again, it's just easier to expose it and take action now. We can actually get our voices heard, it's just starting in earnest the past few years now, and they are desparate to contain it and control it, you can see it in their actions.

    The next step is to fight back after the words are spoken or posted to the web, this proposed seizure of the judges land is just one excellent example of the people fighting back against corporo/fascistic so called "government". It's TIME these career-criminal bozos got a taste of their own medicine, in this issue or any number of critical freedom issues.

    What happened in the past is then, this is NOW, which is way more important in the over-all scheme of things.

    1. Re:it's because we CAN make a big deal... by doubledoh · · Score: 1

      You couldn't have phrased it more accurately or with more entertainment value. Thank you!

      --
      I think, therefore I doh.
    2. Re:it's because we CAN make a big deal... by iminplaya · · Score: 1

      (Score:0, Flamebait)

      Heh. It looks like you were modded by a gov't employee.

      --
      What?
    3. Re:it's because we CAN make a big deal... by zogger · · Score: 1

      maybe, it doesn't matter really, I know thousands of people read it. I write for readers, not for karma. Starting way back in the 60s for that matter.

      There's a lot of decent people in government service, it's just the *system* that sucks now. There's a reason they had to pass those toy "whistleblower" laws. And even with those the criminality continues. It's too far gone to fix, IMO. I have YET to meet anyone in meatspace who worked for any governmental...place...who didn't have horror stories of waste, fraud and abuse. This is civil and military, local, state and fed.And the D and R cojoined racket is just pathetic.

      Story. The man is deceased now, but I used to work for the daughter of a VERY high up D powerbroker. Not a name brand dude in the news, but a behind the scenes heavyweight that insiders and political junkies would recognize.

      Spent several hours talking to him off and on when he would come to his daughters place and visit and I was working there.. He was SO far away from what "the common man" is it ain't funny. Absolutely no comprehension on what it is like to be a joe regular ole blue collar working stiff in the USA. I have no idea why he would unload these thoughts to me other than the whiskey he was chugging, heh, but basically think undisguised contempt for rube voters. He thought of the "grassroots" as beyond pawns, beyond "useful idiots". Can't describe it any better, just a total feudal outlook on life, the elite,with him in it, and everyone else. But he was an advisor to presidents,a Party leader, for the party of the "common man"! Freekin hysterical really.

    4. Re:it's because we CAN make a big deal... by iminplaya · · Score: 1

      Of course you know you won't get an arguement out of me. Neither of us is looking for this mystical "karma". I just noticed it is being used to reduce the number of people seeing your post simply because the moderator disagrees with the message. After re-reading the link in my sig, you might see me using the pirate metaphor a lot. It's a perfect definition. So, I'll begin here by saying that what we are seeing is the same old continual warfare amongst pirates that has been going on for millenia. The real kind that kill for money. This whole US/China/national anything is so irrelevent. These are just plain ol' thieves robbing the world where ever they go. There will be no attacking anywhere as long as business can continue uninhibited. Unless one side can see an obvious advantage. The moment a blockade of any kind goes up, then all bets are off.

      --
      What?
  30. Impeach'em or change the court system. by nlinecomputers · · Score: 2, Informative
    IF YOU WANT TO MAKE YOUR POINT, GO AFTER THE REPRESENTATIVES OF NEW JERSEY WHO MADE A LAW THAT ALLOWED THIS TO HAPPEN IN THE FIRST PLACE.


    Well the problem is that they shouldn't ever had that power to begin with. They are prohibited it.

    Article IV Section 2 Paragraph 1

    The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

    Pair that with the 5th Amendment:
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    Note the wording, the powers and protections are guaranteed to THE PEOPLE not the STATES.

    And also note the 9th and 10th Amendments which should lock this up.
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


    There is no way that one can call forcing someone to sell land just so that another can buy it can be called Public Use. A hotel, my home, the 7-11 are all private lands not public. They can take my land for a park or a freeway but not for a shopping mall. Everyone knows that yet the justices ruled against it anyway. When Judges are that out of control and that unafraid to invent law then it's time to remove them from office. It's time to pass new laws about HOW judges hold office. The constitution does not set term limits, or a lack there of, for the courts. We can pass new laws limiting terms of Judges or even require them to be elected officials as they are in many states. We are NOT stuck with them. It's time to remove them.
    --
    Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
    1. Re:Impeach'em or change the court system. by doubledoh · · Score: 1
      Anyone that knows and understands the 9th and 10th ammendments is a friend of mine.

      With regard to 9 & 10, almost every law passed by congress violates them. Since I get to dream, while we change how the supreme court justices are appointed, I'd also like a constitutional ammendment added that actively enforces the Constitution and punishes all politicians that violate or attempt to violate any of the ammendments by prosecuting them for treason.

      At the very least, I'd like to dramatically slow down the rate with which politicians can violate the Constitutional Ammendments by forcing them to read all the laws they try to pass

      --
      I think, therefore I doh.
  31. Hotel site looks nice by Trevalyx · · Score: 1

    http://maps.google.com/maps?q=34+Cilley+Hill+Road, +weare+nh&spn=0.040688,0.081050&t=k&hl=en
    I can't imagine a nicer place to stay in New Hampshire... That looks like a perfect place for a hotel to me, being so close to both Everett Lake and Clough State Park.

    I wonder if crow would be on the menu at the Just Desserts Cafe?

  32. Uncivilized Obedience? by Anonymous Coward · · Score: 0

    (see subject)

  33. Being a Jedi isnt so bad by comparison by splatterboy · · Score: 1

    There are too many elected representatives in the U.S. Congress, Senate and Executive branches with strange "mystical" ideas - the religious right. It would be hypocritical for any American (especially evengelical republicans) to laugh at an Englishman for voting for a "Jedi Knight."

    For an example just look at any decision/legislation regarding science, the environment or simply being "chosen" to lead... a war against the "fanatical fundimentalist Muslims".

    There Is No Tomorrow
    By Bill Moyers
    The Star Tribune

    Sunday 30 January 2005

    One of the biggest changes in politics in my lifetime is that the delusional is no longer marginal. It has come in from the fringe, to sit in the seat of power in the Oval Office and in Congress. For the first time in our history, ideology and theology hold a monopoly of power in Washington.

    Theology asserts propositions that cannot be proven true; ideologues hold stoutly to a worldview despite being contradicted by what is generally accepted as reality. When ideology and theology couple, their offspring are not always bad but they are always blind. And there is the danger: voters and politicians alike, oblivious to the facts.

    Remember James Watt, President Ronald Reagan's first secretary of the interior? My favorite online environmental journal, the ever-engaging Grist, reminded us recently of how James Watt told the U.S. Congress that protecting natural resources was unimportant in light of the imminent return of Jesus Christ. In public testimony he said, "after the last tree is felled, Christ will come back."

    Beltway elites snickered. The press corps didn't know what he was talking about. But James Watt was serious. So were his compatriots out across the country. They are the people who believe the Bible is literally true - one-third of the American electorate, if a recent Gallup poll is accurate. In this past election several million good and decent citizens went to the polls believing in the rapture index.

    That's right - the rapture index. Google it and you will find that the best-selling books in America today are the 12 volumes of the "Left Behind" series written by the Christian fundamentalist and religious-right warrior Timothy LaHaye. These true believers subscribe to a fantastical theology concocted in the 19th century by a couple of immigrant preachers who took disparate passages from the Bible and wove them into a narrative that has captivated the imagination of millions of Americans.

    Its outline is rather simple, if bizarre (the British writer George Monbiot recently did a brilliant dissection of it and I am indebted to him for adding to my own understanding): Once Israel has occupied the rest of its "biblical lands," legions of the antichrist will attack it, triggering a final showdown in the valley of Armageddon.

    As the Jews who have not been converted are burned, the messiah will return for the rapture. True believers will be lifted out of their clothes and transported to Heaven, where, seated next to the right hand of God, they will watch their political and religious opponents suffer plagues of boils, sores, locusts and frogs during the several years of tribulation that follow.

    I'm not making this up. Like Monbiot, I've read the literature. I've reported on these people, following some of them from Texas to the West Bank. They are sincere, serious and polite as they tell you they feel called to help bring the rapture on as fulfillment of biblical prophecy. That's why they have declared solidarity with Israel and the Jewish settlements and backed up their support with money and volunteers. It's why the invasion of Iraq for them was a warm-up act, predicted in the Book of Revelations where four angels "which are bound in the great river Euphrates will be released to slay the third part of man." A war with Islam in the Middle East is not something to be feared but welcomed - an essential conflagration on the road to redemption. The last time I Googled it, the

    --
    "Everyone is entitled to their own opinion, but not their own facts." ~The Honorable Daniel Patrick Moynihan
    1. Re:Being a Jedi isnt so bad by comparison by Dave114 · · Score: 1

      There are too many elected representatives in the U.S. Congress, Senate and Executive branches with strange "mystical" ideas - the religious right. It would be hypocritical for any American (especially evengelical republicans) to laugh at an Englishman for voting for a "Jedi Knight."

      Has Lucas ever claimed the Jedi to be more than a story?

      Is there any historical evidence that might even possibly suggest that the Jedi were ever intended as a "legitimate" religion? (although, of course, you may believe that the evidence for Christianity is fraudulent)

    2. Re:Being a Jedi isnt so bad by comparison by MyHair · · Score: 1

      (although, of course, you may believe that the evidence for Christianity is fraudulent)

      I think John Calvin was only kidding.

  34. NIN by ickypoo · · Score: 1

    I'm curious why this particular "for remix" download is locked up behind a membership login. The previous download for "the hand that feeds" was up for anyone to grab. Did Interscope get the heebie jeebies? Maybe they've decided to leverage this as an opportunity for more demographic profiling.

    It'd probably be bandwidth suicide, but has anyone mirrored the downloads yet?

  35. Congress is fighting back by 200_success · · Score: 1

    Congress is fighting back against the Supreme Court decision too: House Votes To Undercut High Court On Property. If the bill passes, then it's not likely that the town will approve the museum/hotel in protest.

  36. duh IBM .. serious oversight by nilbog · · Score: 1

    If you cannot identify your serial number, you can download a utility from them here. But if your hard drive is broken, why would it still be in your computer, and how would your computer be running to run this utility?

    --
    or else!
    1. Re:duh IBM .. serious oversight by Anonymous Coward · · Score: 0

      Because my Deathstar works unless you turn off the computer and it cools down, then you have to turn it on...the bios doesn't see the drive, wait for it to warm up, then reboot, and it sees it again.

      One day It wouldn't work at all, so I used the repair utility and that let it limp back to the point where it was working as long as I didn't turn it off again.

  37. Nobody will win a claim by nilbog · · Score: 2, Insightful
    IBM will end up paying out maybe less then 5 claims. And here's why:

    Q. What if I no longer have a receipt or any other supporting documentation?

    A. You must produce a receipt or other supporting documentation evidencing the purchase of an eligible 75GXP hard disk drive, or you will not receive any Settlement Benefits.

    Well let's see. I bought my deskstar in 2000, let me grab my file for that year... Ah yes, it's here under D, next to the receipt for that donut I bought.

    Seriously I will be impressed if anyone can provide the required "supporting documentation." How lame is it to win a lawsuit that will apply to almost nobody?

    Crappy thing is, I seriously have a stack of these deskstars sitting here. My last one went bad not even two weeks ago.

    --
    or else!
    1. Re:Nobody will win a claim by someguy · · Score: 1

      Ugh. I didn't even see that part of the Q&A. Looks like I'll need to fake a reciept..

      From just reading the PDF I had been under the impression that you needed the supporting documentation only if you didn't have the physical drive/serial number.

      --
      A planet where apes evolved from men? Long live the apes.
  38. Wow by spiralscratch · · Score: 1

    Just... wow.

    There are so many mistakes, lies, and misleading statements in this "article" I truly don't know where to begin. Whoever wrote it should be ashamed of just how bad it is.

  39. You highlighted ALMOST everything by fallen1 · · Score: 1
    that needed to be highlighted. Let's try this again:

    Amendment V

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    I, for one (and I'm sure MANY others), am pretty positive that this ruling, which goes against 200+ years of Constitutionally protected rights, IN NO WAY follows anything resembling due process of law and definitely does not follow the "nor shall private property" part of the Fifth Amendment. This is nothing more than a land grab from one private citizen to another private citizen WITH MORE MONEY TO SPEND and no moral compass. The overall benefit of this is that Citizen B, who decided they could put your land to better use, gets richer and can do it all again. And again. And so on. I really do see this ending in bloodshed unless Congress can wake up and do something about it OR each state enacts legislation guaranteeing that private property can not be seized and given from one citizen to another - regardless of tax revenue increase or the supposed "good" for the community. If taking the land from one citizen makes another citizen rich(er) by giving them the land to develop or it is not for governmental use (schools, right of ways, infrastructure such as sewer/water/electricity, etc.) then that land grab is UNCONSTITUTIONAL, IMMORAL, and ILLEGAL. In my humble opinion it should be treated as such and defended by every means necessary.

    Before anyone starts bashing me saying "You're advocating violence" - I am not. There is a person on Slashdot with a signature that says something like "There are five boxes in defense of liberty - Soap, ballot, something, jury, and ammo. Use in that order." THAT is what I am advocating - get involved, defend what is YOURS, what you've worked your life for, put those people in power who DON'T want to give your property to their good buddy George so he can build a hotel, tell all your friends what a catastrophe the ruling by the Supreme Court is, and, yes, if it comes down to it gain national press by defending your personal property by force if necessary. But I am not saying that should be anyone's first choice - I just believe that it will come to that. I truly hope I'm wrong.

    --

    Dream as if you'll live forever.
    Live as if you'll die tomorrow.
    ~Anonymous~

  40. Forcing them to read the law bill. by nlinecomputers · · Score: 1

    It is an interesting idea but I doubt it is consitutional. Both the Congress and the Senate can make the rules of how they govern themselves without passing a law. This is set in the consitution itself. I don't think this bill could be passed except as an ammendment.

    --
    Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
    1. Re:Forcing them to read the law bill. by doubledoh · · Score: 1
      You're right. That's why it is proposed as an ammendment to Chapter 2, Title 1, of the United States Code.

      From Draft Legislation:

      SECTION 3. READ THE BILLS BEFORE PASSAGE

      (a) Chapter 2 of Title 1, United States Code, shall be amended by inserting at the end of the first sentence of Section 106, the following: "provided however, that no bill -- including, but not limited to, any bill produced by conference between the two houses of Congress and any bill or resolution extending, modifying, or otherwise affecting the expiration date of a bill previously passed and enacted into law by Congress -- shall pass either house of Congress: (a) without the full text of said bill, and the full text of each and every amendment thereto and -- if the bill or resolution extends, modifies, or in any way affects the expiration date of a bill previously passed and enacted into law -- without the full text of such bill or resolution and the full text of the bill previously passed and enacted into law having first been individually read verbatim by the Clerk of each house to the body of each house called to order and physically assembled with a quorum present throughout the time of the full textual reading of said bill, and of the full text of any bill previously passed and enacted into law, if any, that is the subject of a bill or resolution extending, modifying or in any way affecting the expiration date of such previously passed bill enacted into law; and (b) without the full text of said bill, and the full text of each and every amendment thereto, and the full text of the previously passed bill and enacted into law, if any, having been published verbatim on the official Internet web site of each house at least seven days prior to a final vote thereon in each house, together with an official notice of the date and time on which the vote on the final version of said bill and its amendments will take place."

      (b) Chapter 2, Title 1, United States Code, shall be further amended by striking the last sentence of Section 106, and substituting therefor: "With respect to each bill and each and every amendment thereto, and each bill previously passed and enacted into law, the expiration date having been extended, modified or in any way changed by a bill or resolution, each house of Congress shall cause to be recorded in its journal of proceedings: (a) that the reading, printing, and publishing requirements of this section have been met; and (b) the names of those members of the Senate and of the House present during the reading of each bill and each and every amendment thereto. Each member of the Senate and each member of the House shall execute a sworn affidavit, such affidavit being executed under penalty of perjury as provided in Section 1621, Title 18, United States Code, that the member either was present throughout the entire reading of each bill, each and every amendment thereto, and listened attentively to such reading, or, prior to any vote on passage of the bill, and each and every amendment thereto, personally read attentively each bill, and each and every amendment thereto, in their entirety. Neither house of Congress, nor Congress jointly -- by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means -- may dispense with, or otherwise waive or modify, the printing, reading, entry, publishing, recording, or affidavit requirements set forth herein."

      (c) Chapter 2, Title 1, United States Code, shall be further amended by renumbering Sections 106a and 106b to 106b and 106c respectively and adding a new Section 106a as follows: "Enforcement Clause. No bill shall become law, nor enforced or applied as law, without Congress having complied fully with the printing, reading, entry, publishing, recording, and affidavit requirements of Section 106, Title 2, United States Code and any person against whom such a bill is enforced or applied may invoke such noncompliance

      --
      I think, therefore I doh.
  41. GM plant by gr8_phk · · Score: 1

    If you're refering to the Michigan poletown plant, Michigan has since switched its position on the issue. The state no longer force private->private transfers. That's not to say they couldn't start again. As a result of this supreme court case, one michigan rep is trying to get the state constitution ammended to disallow it by law in the future.

    1. Re:GM plant by pthisis · · Score: 1
      If you're refering to the Michigan poletown plant, Michigan has since switched its position on the issue. The state no longer force private->private transfers. That's not to say they couldn't start again. As a result of this supreme court case, one michigan rep is trying to get the state constitution ammended to disallow it by law in the future.


      That is the case I'm referring to. And actually, the final verdict was that such seizures are a violation of the Michigan state constitution. That's why I wrote:

      If you're interested in becoming a property owner, many states (e.g. Michigan) have their own laws in place to prevent such seizures, and have had those for decades--indeed, such state protections served the land owner in Wayne County v. Hathcock well, after it had been held that there was no US Constitutional protection.

      --
      rage, rage against the dying of the light
  42. PE released sourcec material as well. by cant_get_a_good_nick · · Score: 1

    Hats off to Trent. I'm a big fan of NIN, and have most of their "normal" albums, and some of the remixes. Downward Spiral was one of the best albums ever.

    Public Enemy released the new tracks for Revolverlution before the record went out, let people remix, and submit back to PE. They picked the best remixes and put them on the album. Sorta like open source music.

  43. Obligatory "Behold, two IBM drives" link by celerityfm · · Score: 1

    Here it is in all of its glory, Behold, two IBM drives.

    Man, glad this is finally over.

    --
    ...unfortunately no one can be told what The Mat^H^H^HGoatse is...they must experience it for themselves...
  44. Re:I'd rather they pay the $1500 data recovery bil by Anonymous Coward · · Score: 0

    One word: "backups".

  45. MOD PARENT DOWN! -1, not the least bit funny by Anonymous Coward · · Score: 0

    At first I thought that the PP was just an ignoramous ("The Carter Administration issued a mandatory procedural change in early 1971"? Carter was elected in 1976, and his term started in 1977), then I realized that he/she was attempting to be funny/satirical/whatever. However, not only didn't I laugh at his/her post, I didn't even crack the least little bit of a smile, and I'm very easily amused. Please MOD THE PARENT DOWN, in order to discourage the poster from posting such massively unfunny shit in the future.

    Thanks.

    --
    Your friend,
    Mr. Very Easily Amused (but not in this case)