Slashdot Mirror


Bush Supreme Court Nominee Former Microsoft Lawyer

DaveM writes "Bush's most recent Supreme Court nominee, Harriet Miers, successfully argued that people who were sold defective software by Microsoft weren't "injured," and couldn't participate in a class action against the company. The case involved unstable compression features in MS DOS 6.0, which were corrected by a $9.95 update, MS DOS 6.2. Plaintiffs wanted Microsoft to offer the updates for free, but eventually lost to Miers' arguments."

130 of 1,036 comments (clear)

  1. Indictments at the Gates by Doc+Ruby · · Score: 3, Interesting

    How long before people connect the "Gates"? From the "Preston, Gates" firm connecting Abramoff to the rest of the Republican indictment gang, to the "Gates" whose giant monopoly was released from liability by the Republicans?

    --

    --
    make install -not war

    1. Re:Indictments at the Gates by cioxx · · Score: 2, Informative
      You do know that she was a registered Democrat when she tried that case, right?

      You know who else is a registered Democrat?

      That's right. Zell "Liberalism is a disease" Miller.

      Don't read too deep into party affiliation. Many Southern Democrats only share the "D" with their progressive counterparts in the Northeast and along the coasts, and not much else.
    2. Re:Indictments at the Gates by ad0gg · · Score: 2, Insightful

      Why do people forget that BSA isn't just Microsoft. Apple, IBM,Dell and every other major software producer is a board member. Preston, Gates was lobbyiest for the BSA, i love how they connect it to Microsoft though.

      --

      Have you ever been to a turkish prison?

    3. Re:Indictments at the Gates by Captain+Sarcastic · · Score: 3, Informative

      Sometimes party registration is a local thing.

      Consider Kansas. It's a primarily Republican state. Outside of a few counties, almost all of the state offices go to members of the Republican party.

      This usually means that, during primary season, the Democrats try to find someone that is willing to fight a battle where they are most likely out-recognized and out-spent by the existing Republican contender, unless the Republican has done something egregious. It's extremely rare for the Democrats to run more than one person for a seat during the primaries.

      In Kansas (and in other states), the Republican primaries are closed primaries - the only people who can vote in them are party members (the Democrat primaries are open to anyone not voting Republican). As a result, some people who see no other way to get their voice heard become "paper Republicans." This lets them have some say in who is running in November, and can at least try to trim off some of the extremists at the primary level.

      And sometimes it even works...

      --
      Strike while the irony is hot! -- The Freethinker
    4. Re:Indictments at the Gates by epgandalf · · Score: 2, Informative

      It does work sometimes in Kansas. The governor, Kathleen Sebelius, is a Democrat. She was elected in a heavily Republican state (~60% Bush) because the Republicans nominated an extremist. Moderate Republicans elected her because they don't want someone who will try to ban all abortion and teach Creationism in schools. . .

    5. Re:Indictments at the Gates by Anonymous Coward · · Score: 2, Insightful

      Oh, you want clear cut?

      It would be shockingly rare to find, and it certainly doesn't come from the kool-aide drinking left. Posts like this just leave me frustrated in that we need some real opposition to put an end to the cronyism of the current right. Apparently our choices are supposed to be left-wing tin-foil hat "Evil Haliburton under my bed" moonbats, or right-wing country club cronyism fat-cat good ol boy network crap. Delay's a total loser. But let's not leave out Harry "Leave the Check on the Counter" Reid (you don't get anything done in Nevada without paying off a Reid family member), Nancy "Just Nailed Again on More Charges Just Like Delay" Pelosi, etc. And let's not forget the mental misfits like Harkin, Biden and Dean, and everyone's favorite hypocrite Ted Kennedy. Add to that Orrin "Did I mention my son's an attorney you can hire" Hatch? Both parties are overwhelmed with these parasites.

      Someone show me a party that values individual liberty (right to abortion and to gun ownership), personal property (right to my money and my property - no left-wing supreme court taking my property to give it to another crony of theirs), national security (dealing with terrorism, not pretending we can hug our enemies and they'll love us, while also shutting the borders down rather than look the other way so our business cronies can hire illegals at a fraction the fair labor rate), and I'm there.

      Let me opt out of social security ponzi schemes and take full responsibility for my own retirement (money left under a mattress does better than social security), leave me out of prescription drug gifts for societies most affluent, highest disposable income segment (giving money gifts to seniors at the expense of young families is insane), and I'll take care of myself. Make me pay for my own flood/hurricane insurance, or accept the risk of losing my property if I don't - I will ask my government to steal money from my fellow slashdotters paychecks to bail me out for my irresponsibility.

      I seriously doubt my Republican party will ever leave the country club. They're not interested in being the party of the little guy. But will someone please get some sanity back in the left and send the paranoid loons to get some desparately needed clinical help? You have no idea how many people might listen to your party if it wasn't so obsessed with seeing imaginary animals and secret conspiracies around every corner.

    6. Re:Indictments at the Gates by falconwolf · · Score: 2, Interesting

      She is nominated for one purpose and one purpose only - to pack the Supreme Court with pro-Bush justices so that when he is indicted by the Plame outing prosecutor for criminal conspiracy, he will have some people on the bench to keep him from being sent to prison.

      Neither Bush nor any other president needs to pack the Spureme Court in case he's indicted and convicted, it's within then president Cheney's power to pardon him much as Ford did for Nixon. Now I'm not saying there isn't a "reason" for Bush to pack the court but this isn't it.

      Falcon
  2. Re:Maybe she'll help out when they impeach Bush by schnikies79 · · Score: 2, Insightful

    Of course, because you heard it on the news, it must be factual. I don't like the guy much either but I don't believe every bit of drivel to come down the pipe.

    --
    Gone!
  3. Nice flaming headline. by hanshotfirst · · Score: 2, Insightful
    No bias here, oh no.

    CRISIS! DANGER!

    A former mail clerk in GWB's oil company once used Microsoft Windows to play minesweeper. Now that mail clerk is the Janitor at Google! Does this mean Google is evil?

    --
    Why, oh why, didn't I take the Blue Pill?
    1. Re:Nice flaming headline. by saintp · · Score: 5, Funny

      Uh, how is that a flame? It's a fact. Bush's latest nominee used to be a lawyer for Microsoft. Whoopty-doo. How would you prefer they put it? "Bush court nominee hugs fuzzy bunnies, gives flags to orphans"?

    2. Re:Nice flaming headline. by stupidfoo · · Score: 4, Funny

      "Bush bans oil! All cars must run on skittles and drive on rainbows"

    3. Re:Nice flaming headline. by hesiod · · Score: 4, Insightful

      > Uh, how is that a flame? It's a fact. Bush's latest nominee used to be a lawyer for Microsoft.

      Just because someone can argue a point for someone (remember that was her JOB to give MS's argument, not her own preference) it does not automatically mean they believe it to be correct.

    4. Re:Nice flaming headline. by arootbeer · · Score: 2, Funny

      You probably don't want one. Do you have ANY idea how expensive a gallon of Skittles is?

    5. Re:Nice flaming headline. by monkeydo · · Score: 5, Insightful

      It's like people expect lawyers to have scruples or something.

      Yeah, lawyers who zealously represent their cllients even when they personally disagree are like those scumbag doctors who'll treat just about anyone. I mean, wouldn't the world be a better place if Christian doctors refused to treat homosexuals, and liberal doctors refused to treat Republicans? Of course not. And just like medical care, the legal system only works if everyone has the best counsel available to them.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    6. Re:Nice flaming headline. by b17bmbr · · Score: 2, Insightful

      you have described everyone in washington. what's your point? actually, isn't it odd that now differences of opinion mean someone's smallminded, stupid, and stubborn. in fact, let's examine this:

      whatever your thoughts on the WoT, after 9/11, if he was all you say, would he really believe in promoting democracy and changing the medieval ways of the middle east or would he just say "kill em all, let God sort them out"?

      which requires greater thought?

      --
      My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    7. Re:Nice flaming headline. by Shakrai · · Score: 5, Insightful

      if he wasn't Christian, the liberals would not have a problem with the guy.

      Respectfully, I beg to differ.

      My disgust with Dubya has nothing to do with the fact that he is religious. It has to do with the fact that he is a dangerous neo-con with absolutely no regard for the opinions or suffering or others. And believe it or not but liberals can be religious too. We just don't believe in forcing it on people the way that members of the far-right do.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    8. Re:Nice flaming headline. by monkeydo · · Score: 2, Insightful

      Why is judge experience neccesarry? It wasn't vogue to appoint judges to the Supreme Court until recently. Prior to that, we had governors, congressman, lawyers, etc. In fact, many of the most respected justices came to the court with no judicial experience.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    9. Re:Nice flaming headline. by mrbcs · · Score: 4, Insightful
      More like he fools the religious right... the ones too lazy to pick up their Bible and read.

      You'll know a tree by it's fruit.. that's one bad apple. I think the expression was What Would Jesus Do... not Who Would Jesus Bomb.

      Bush may play the religious right like a cheap fiddle... but he's no Christian by his actions. (Yes I am a Christian and I do read the Bible and am sick of how popular this wolf in sheeps clothing is).

      --
      I'm not anti-social, I'm anti-idiot.
    10. Re:Nice flaming headline. by soft_guy · · Score: 4, Insightful

      if he wasn't Christian, the liberals would not have a problem with the guy

      I suspect you are trolling. Regardless, all of the presidents we have had at least in the 20th/21st century have been Christians.

      There was this guy you might remember who was President a while back called Jimmy Carter who was extremely liberal and a Christian.

      --
      Avoid Missing Ball for High Score
    11. Re:Nice flaming headline. by roccomaglio · · Score: 2, Insightful

      Actually the headline is a little inflamatory. The way the headline is worded "Bush Supreme Court Nominee Former Microsoft Lawyer" would lead one to believe that she was a full time Microsoft employee. I am sure that Microsoft has in house counsel and this would be the proper way to refer to in house counsel. The most accurate way to refer to her work for Microsoft would be "Bush Supreme Court Nominee represented Microsoft". The headline pushes the boundries of what you could say without being false. On the other hand I probably would not have clicked on that headline.

    12. Re:Nice flaming headline. by AviLazar · · Score: 2, Insightful

      We are not talking about just any court position. Obviously people start as a judge with zero experience - but for the HIGHEST seat in the land, yea some judge-court experience is necessary. It is completely different sitting on the bench then trying to curry favor with the bench.

      Put it this way, I work closely with my boss. DOes that mean I am qualified to do my bosses job? No. She may have been a lawyer for years, but that does not mean she knows what to do as a judge.

      Let's also remember that we have been told MUCH (if not all) of the information regarding her position in the White house will not be disclosed. It is amazing that the last confirmation (Roberts) and this one they will go with the mindset of "I don't have to tell you anything"...that is crap. I am a citizen - I want to know. I want to know what her thoughts on civil liberties are, abortion, privacy. Things like abortion, search and seizure, etc. I think someone who goes to sit on this seat has to answer these questions and more... Not only do I want to hear what she has to say to ALL the questions asked, but I want to see evidence backing it up. It is not simply enough, for me and others, "Hey are you a good person?" and she responds with "Yea I'm a good person". I want to see evidence proving she is a "good person". My reason - because once you get the job of supreme court justice, you cannot be removed from that seat unless you: resign voluntarily, die, become mentally incompetant, or are deemed to have comitted treason.

      As for who appointed her to this position. yea Bush...someone I do not trust in the least. Not to mention she was his private lawyer for years.

      --

      I mod down so you can mod up. Your welcome.
    13. Re:Nice flaming headline. by halltk1983 · · Score: 2

      It's Bush's faut jobs the companies are moving jobs to India and China? And he won't stop this, yet he's a Facist? Less than a thousand bodies have been found in New Orleans, there were no murders in the Superdome, and the STATE government of Louisiana wouldn't let FEMA in. Maybe you watched the congressional hearing in which Mr. Brown testified, but it doesn't seem like it. Letting people get screwed over by big business... that seems like a decision that people make. We could always stop buying their products... but I could be wrong. And he made us an outsider in foreign relations... which is why the UK and France sent oil and gas to us, we are involved in the peace talks with Iran and North Korea, and why Mexican troops are here on ourr shores, peacefully helping in New Orleans.

      Yup, we're just a bunch of reclusive communists that refuse to nanny our citizens.

      --
      Watch for Penguins, they eat Apples and throw rocks at Windows.
    14. Re:Nice flaming headline. by Anonymous Coward · · Score: 4, Insightful

      Argh. Bush is not religious. He just labels himself as such because it works for him politically. I am "religious" and I can't stand the man. He is fake and simply a puppet for the GOP. I am also a Southerner and his "Good Ole' Boy" (simple and honest, my ass) routine is just as fake, simply something that works for him politically.

    15. Re:Nice flaming headline. by Whafro · · Score: 3, Informative

      Many top-tier firms, including the one for which I am currently employed, require all associates to perform a percentage of billable hours on a pro-bono basis. In my case, it is at least sixty hours per attorney per year, or three percent of billable hours. That is approximately equal to a week's work.

    16. Re:Nice flaming headline. by 3.14159265 · · Score: 2, Insightful
      "And just like medical care, the legal system only works if everyone has the best counsel available to them."

      And there lies the problem, doesn't it?
      Just like medical care, only those who can afford it have the best counsel available to them. I don't really see how can the system work under these conditions...
      ---
      Born stupid? Try again.

    17. Re:Nice flaming headline. by Zordak · · Score: 4, Insightful
      right now is that there are about 4 or 5 Justices who like to obey their consciences regardless of what the Constitution says.
      Just to help out those who aren't terribly informed on court politics, those five justices are as follows:

      If you are a Republican: Breyer, Ginsburg, Souter, Stevens and Kennedy.

      If you are a Democrat: Roberts (formerly Rhenquist), Thomas, Scalia, sometimes O'Connor and Kennedy. Both sides hate Kennedy. Since Miers is a Bush appointee she is by definition an activist to Democrats and will not get the benefit of O'Connor's "sometimes."

      If you are conservative, your non-activist Hero is Scalia, who believes that constitutions and statutes should be interpreted according to the words written in light of their meaning at the time they were written.

      If you are a liberal, your non-activist Hero is Ginsburg because that tight bun is just so dang SEXY!!!

      --

      Today's Sesame Street was brought to you by the number e.
    18. Re:Nice flaming headline. by eqkivaro · · Score: 3, Insightful

      i agree. religion is a tool. all presidents are "religious" because that's the only way they'll be elected. JFK had enough trouble because he picked the wrong religion.

      The difference between republicans and dems on the issue of religion is that republicans are willing to use religion to justify taking away people's rights (the abortion issue), are willing to destroy science curriculums in public schools (evolution and "intelligent design" issues), and they don't seem to understand the concept of seperation of church & state.

    19. Re:Nice flaming headline. by b17bmbr · · Score: 2, Insightful

      as for the kill em all option, if bush was such a warmongering monster, then he wouldn't have done in afghanistan and iraq what he's attempted.

      does it really matter if it's unilateral? france (especially france), russia, and germany were all on the take (oil for food). the UN is a corrupt institution. should we really allow others to dictate our foreign policy.

      as for the planning, yes, there were problems. however, track the military changes and cuts in teh 90's, and you'll find we were in a major downsizing when 9/11 hit. for comparison, in 1941, the military had been in a three year rapid and major expansion so after peral harbor, we just accelerated what was already happening. every military operation (normandy, tarawa, okinawa, ardennes, kasserine, and so manu others) is going to have problems. the real concern us how we respond. we've done a fair job. sure it cold be better.

      as for the thinnest of pretexts, there were 23 points on the congressional authorization. 77 senators voted yes. the US policy was regime change in Iraq (1998, signed by Clinton). there was not one credible source that said WMD's weren't there. the thinness is only from those who refuse to look at the facts and history.

      other commenters have complained that there are other countries that are not democratic. yes, but how many of htem had long-standing terrorist ties, a history of violence towards the US (and more importatnly, its neighbors), wmd programs, a history of using them, and was actively pursuing new ones. plus, we were at war with him, as inthe no-fly zones, the US forced inspections (100,000 troops), etc.

      we're in a long war, Iraq is a part. the hatred of the president clouds otherwise good judgements.

      --
      My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    20. Re:Nice flaming headline. by glesga_kiss · · Score: 3, Insightful
      You are talking complete tripe. You claim that Bush cares about others, but he started an entirely unneccesary war for the profits of his investors. 26,000 civilans are dead and a country is in civil war. No WMD, no terrorists, no open-arms and no easy win. All of this was predicted, fuck your own history has almost the exact same thing in it with Vietnam. A war unwanted by those you were "saving". Nothing that has happened in Iraq is a surprise to those who study history. Nothing. We were warning about this three years ago.

      Even if 9-11 was 100% down to Saddam, are you saying it's valid to exchange 26,000 Arab lives to "prevent" a fluke incident that killed 3,000? Cares about others? What the hell are you smoking? And the 26,000 is 100% civilian. No one is even counting the deaths of those who take up arms. Say double that number perhaps, unless you want to admit that the civilian losses to war losses are less than 2:1, right?

      He's either evil or stupid. Take your pick. I personally don't think he's dumb, just not very proficient at public speaking.

      he does seem to regard the well-being of people -- or at least the "opinion" of the American public.

      Well, duh. Post Katrina, if he hadn't shown intense interest he'd be out of a job right now. He cares about your opinion only because he has to. "Approval ratings lowest ever" was the news story that made him "care".

      Oh, and don't even attept the "bi-partisan" bullshit, I'm not even from the USA so that system of avoiding debate won't work here. He is the worst president in years and he has done immeasuable harm to America. People will be flying planes into buildings for the next 50 years thanks to the hatred he stirred up. And I don't believe that was an accident, Rummy etc have been quoted as saying they'd like to incite violence in order to root them out. Caring? Are we talking about the same people? They care about no one but their investors.

      You sir, are scum. You are defending a murderer. An armed robber of the highest order.

    21. Re:Nice flaming headline. by Qzukk · · Score: 2, Interesting

      Lies, damn lies, and statistics, all rolled up in one.

      First off, the poverty rate: Look at page 18 of this pdf. The highlights of increasing poverty for 2003-2004 are telling, but the "damned lies" comes in when you look at the government's own graph at the bottom of the page. After a peak in 1993 or so, the official poverty rate declined until you reach 2000, where it began climbing again. While it's tempting to claim the .com boom caused all of this, I would suspect that 1) the people clawing their way out of poverty were not the dotcommers and 2) and even if some rags-to-riches, or even rags-to-not-poor stories did occur in the tech world, that they didn't account for the nearly 10 million person decline in poor people in the Clinton era.

      I have no idea where O'Reilly pulled those poverty numbers, but he can go ahead and stick them right back.

      The funny thing is, I've never seen the words "poverty entitlements" used to describe aid to the poor before, and with it being 12-14 percent of the budget, it has to have appeared even on those simplistic pie charts showing where my dollar goes.

      So what makes up this "poverty entitlement" that is sucking up an "record shattering" portion of our budget? The only thing I can get from googling for it is blogs from even more pundits claiming that this demonstrates that the conservatives do have some compassion after all. No line items match on the 2006 budget propsal, so if you've got something else that adds up to 368 billion dollars, let us know.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    22. Re:Nice flaming headline. by Mr+Guy · · Score: 2, Funny

      I'm guessing a lot. Have you ever seen a preschooler after their second pack?

  4. Wrong process anyway by pubjames · · Score: 2, Insightful

    Having the president appoint supreme court judges is wrong anyway. There should be a better process of selecting them. How's it done in other countries?

    1. Re:Wrong process anyway by deanj · · Score: 4, Funny

      They shoot the judges that used to be there, and install new judges.

    2. Re:Wrong process anyway by Fezzick · · Score: 3, Insightful

      Appointment of a supreme court judge by the president is absolutely essential; our forefathers specifically designed our federal goverment that way . This directly corresponds to the checks and balances between the three branches of goverment that every US student learned in social studies class (in this case, the executive over the judiciary).

    3. Re:Wrong process anyway by AvitarX · · Score: 5, Funny

      Having the president appoint supreme court judges is wrong anyway. There should be a better process of selecting them. How's it done in other countries?


      In soviet Russia supreme court selects you.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    4. Re:Wrong process anyway by Fezzick · · Score: 2, Insightful
      sigh.... The president appoints a justice(executive branch).... the senate approves a justice(legislative branch).... Thats two branches checking the third (judiciary branch). Once the justice gets on the bench, he/she is on there for life (or at least until retirement). Thats just how the system works.
      The judicial branch is there to uphold the constitution which is the highest letter of the law in the U.S. I think you must be referring to how the current administration uses the Constitution as toilet paper so it'd be easy to get that hierarchy misunderstood.
      Of course, the judicial branch is there to uphold the constitution. I never said otherwise. I'm not quite sure what the rest of the babble about the current administration and toilet paper is about though...
    5. Re:Wrong process anyway by leroybrown · · Score: 5, Funny

      wouldn't it be, "In Soviet Russia, Supreme Court selects president"? oh, wait...

      --
      Founder, Americans Allied Against Alliteration
    6. Re:Wrong process anyway by ari_j · · Score: 2, Insightful

      How is it "wrong"? What standard are you using to evaluate the procedure? It is absolutely correct, according to the U.S. Constitution. Who cares how other countries do it? Other countries simply do not have the same court system we have, and whatever they do doesn't make sense - but even if similarities exist to the point that their way would make sense here, it still doesn't matter because the Constitution says it doesn't matter.

    7. Re:Wrong process anyway by KiltedKnight · · Score: 3, Interesting
      Miers Gave to GOP Candidates, Democrats

      My guess is that Miers is not necessarily going to be as conservative as some people might think. In fact, she may turn out to be a bit more liberal than several prominent Republicans might like. Of course, like you said, you can never tell what a person is going to be like once they are confirmed and on the bench until they start deciding cases.

      And to follow on with your comment about David Souter, a Reagan apointee, Anthony Kennedy, once voted on a case a certain way because he felt it was the "conservative" way to vote. Then, having been tasked with writing the majority opinion, he realized what he was writing wasn't what he truly felt, and ended up changing his vote and swinging the case in the other direction.

      Ford never expected Justice Stevens to become as liberal as he is either.

      --
      OCO is Loco
    8. Re:Wrong process anyway by ari_j · · Score: 2, Informative

      Thanks for the laugh about Wikipedia writing down your constitution for you. In US law, we have the American Law Institute writing down "restatements" of the law, which typically just restate the common law (although they sometimes try to innovate a bit by writing down what the law should be, those bastards) - such as the Restatement of Torts or the Restatement of Contracts. Wikipedia is becoming the Restatement of the English Constitution, eh? ;)

    9. Re:Wrong process anyway by Reverend528 · · Score: 2, Funny

      I'd gladly let my tax dollars be used for that $9.95 update.

  5. What do you expect? by Viper+Daimao · · Score: 5, Insightful

    What was she supposed to argue? "My client is guilty."?

    --
    "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    1. Re:What do you expect? by GreyPoopon · · Score: 5, Informative
      What was she supposed to argue? "My client is guilty."?

      And more importantly, if you read through other news articles about her, you'll see that many of her arguments are highly based on logic. In the mentioned Microsoft case, her argument was against the "class" that was chosen for the lawsuit. The plaintiffs chose everyone who bought DOS 6.0 as for the class, arguing that they had been harmed and shouldn't have to pay $10 for an upgrade. However, not everybody who bought the product was using, or intended to use the compression features, so it was difficult to justify including all of them in the class. Therefore, the class was decertified. The suit was dismissed and dropped because the lawyer representing the plaintiffs didn't want to bother with actually getting a more reasonable class determined for the suit.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    2. Re:What do you expect? by Viper+Daimao · · Score: 2, Insightful

      Yeah, what does what microsoft should have done have to do with the Supreme Court nominee? They hired her firm, she argued their case. Or am I missing the point of the /. article? Are we bashing Microsoft or Bush's Nominee?

      --
      "In the game of life, someone always has to lose. To me, if life were fair, that someone would always be Oklahoma." -DKR
    3. Re:What do you expect? by tomhudson · · Score: 2, Insightful
      It was dishonest "logic".
      You'll see that many of her arguments are highly based on logic. In the mentioned Microsoft case, her argument was against the "class" that was chosen for the lawsuit. The plaintiffs chose everyone who bought DOS 6.0 as for the class, arguing that they had been harmed and shouldn't have to pay $10 for an upgrade. However, not everybody who bought the product was using, or intended to use the compression features, so it was difficult to justify including all of them in the class. Therefore, the class was decertified.
      That would be like arguing that not everyone who has potentially defective silicone-gel breast implants should have them removed - you've got to wait until they burst and you get all sorts of auto-immune diseases, and THEN you can sue for the cost of getting them removed, and your damages. Otherwise, you're not a victim - just a "potential" victim. So no class action for you, baby! Speaking of babies ...
      Rock a bye baby on the tree top
      When the wind blows the cradle will rock
      When the bough breaks the cradle will fall
      WTF sort of parent leaves their kid in a treetop? No wonder kids are fucked up today! This is what you read them before they go to bed? They'll think you'll abandon them! They ... *smack*

      Burma Shave

    4. Re:What do you expect? by magarity · · Score: 2, Insightful

      Microsoft SHOULD have offered updates for free if they screwed something up
       
      Yours is the first post I've come across to actually address the case in question and coincidentally the first to obviously not have read what the case was about. So I will respond:
       
      It wasn't a question of what MS should have done about upgrades or refunds or whatever. It was a question of whether everyone who bought DOS 6 with the buggy compression could sue or whether only people who had lost data because of said buggy compression. Not everyone used the compression. Not everyone who used the compression lost data. So the legal argument, not the moral argument of what this company should do in the name of customer service, is whether or not everyone who bought the product can sue or only the people who actually were affected by loss of data due to the buggy compression scheme. I think it sounds reasonable from a legal point of view that only the people who used and lost data should be able to sue.

    5. Re:What do you expect? by ifwm · · Score: 3, Insightful

      None of which has anything to do with how this lady should have argued her case.

      Her client hired her, she is required (yes REQUIRED) to do her best in the handling of the case, and since she won, I'd say she did a great job.

      You obviously don't understand how the law works at all.

    6. Re:What do you expect? by Forbman · · Score: 2, Interesting

      Funny, though, here's a different case.

      My (former) 1991 MR-2T had a recall issued on the steering wheel because it was alleged that it was too stiff. Although it hadn't happened yet, it was feared that in a crash, an unrestrained driver's head could be seriously injured when his head hit the wheel (despite the airbag). It actually hadn't happened at that point.

      There are several recalls issued on different cars because of engineering defects that may not have actually manifested themselves at the time of the recall.

      Recall costs car makers (and dealers...) lots of $$$.

      So, yes, the group probably should have been kept as a class, if the OS were a car...

      As far as free software...and suing... It's hard to sue something that has been given away for free. There's that whole contractural obligation, lack of consideration, and the only thing holding it up is the license, which will clearly say, "this software is released as-is, and is not warranted for any use whatsoever". And then throw in, "it's a work-in-progress". Those phrases do have some legal weight to them.

    7. Re:What do you expect? by tomhudson · · Score: 2, Informative
      and if you aren't using and have no intention of using an optional feature then you are not harmed directly, only potentially harmed.
      Guess you weren't around during the DOS 6 marketing campaign. It wasn't a marginal feature - it was the #1 reason people were buying DOS 6. Hard disk space was measured in megabytes, not gigabytes. An 80 gig hd cost $400 back then. You couldn't even buy a 1-gig hd.

      So, when the highly-promoted "look you can double your disk space with our latest and greatest" DOS 6 turns ut not to be able to do what it says, and people are told NOT to use that feature because it corrupts their data, if they take those precautions, they haven't been harmed? They were ripped off! And being charged for the fix was bullshit.

    8. Re:What do you expect? by tomhudson · · Score: 2, Insightful

      At the time they wre first implanted, we didn't know as much about the problems caused by silicone leaking into the body as we do now. They were supposed to be as safe as saline. They're not. It's a real problem, and not just for women. Think of it - guy marries a woman, and finds out she needs a double mastectomy and is facing a lifetime of joint pain because her plastic boobies ruptured. Everyone is a loser.

  6. Well... by theantipop · · Score: 3, Insightful

    I can't say it's a great thing for America to have so many Republican justices, but I don't see how anyone can get wrapped up on this point? So she was good at her job. Is that something that we need to villify?

    1. Re:Well... by SimilarityEngine · · Score: 2, Informative

      Mucked up the link... here it is ... sorry.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    2. Re:Well... by moviepig.com · · Score: 2, Insightful
      ...So she was good at her job. Is that something that we need to vilify?

      (No, apart from the fact that everything is something we need to vilify...)

      Moreover... who hasn't occasionally lamented that only Politicians seek office? Have you never wished that, say, a President could be "drafted" from a President pool, comprising (like a jury pool) people who are qualified and willing but not seeking? Well, at first glance, this latest Bench-warmer pick may approximate that.

      --
      Seeing bad movies only encourages them. Watch responsibly
    3. Re:Well... by DAldredge · · Score: 2, Interesting

      What again are the differences between in R's and the D's? :) Please state Actions, not Words.

    4. Re:Well... by PaxTech · · Score: 2, Funny

      The difference is that Democrats think Republicans are evil, and Republicans think Democrats are stupid.

      --
      All movements for social change begin as missions, evolve into businesses, and end up as rackets.
    5. Re:Well... by Martin+Blank · · Score: 2, Informative
      You're right, she was never a judge. As far as I can tell, neither were:
      • William Rehnquist
      • Lewis Powell
      • Abe Fortas
      • Arthur Goldberg
      • Byron White
      • Earl Warren
      • Tom Clark
      • Harold Burton
      • Robert Jackson
      • James Byrnes
      • Frank Murphy
      • William Douglas
      • Felix Frankfurter
      • Stanley Reed (who also did not have a law degree)
      • Hugo Black
      • Owen Roberts
      • Harlan Stone
      • Pierce Butler
      • George Sutherland
      • Louis Brandeis
      • James McReynolds
      • Joseph Lamar
      • Charles Evans Hughes
      • William Moody

      That's just for those appointed in the 20th century. Note that this is not authoritative, as I couldn't find a solid list of those without prior judicial experience, so I ended up going through two biography sites to determine them. Nevertheless, I think it's at least fairly accurate, and shows that of the 52 justices appointed in those hundred years, nearly half had no prior judicial experience. Many, if not most, of them also never argued in front of the Supreme Court.

      Now, whether there are questions to be raised on other points is another issue. Most, if not all, of the above-listed justices had some public record to turn to in order to see where they leaned. Those that did not serve in elected office or in appointed government positions (cabinet secretaries, SEC, etc) had other roles that left significant paper trails. At this point, I'm quite skeptical of the qualifications which Ms. Miers brings to the nomination, and probably would have been more comfortable with a nomination from the courts or Congress, but I'm willing to wait and see.
      --
      You can never go home again... but I guess you can shop there.
  7. So she did her job... by Animaether · · Score: 4, Insightful

    ...and she did it well. Well enough to win a case that at least on grounds of common sense (which typically doesn't apply to legal rulings) she should've lost.

    Are 'we' going to fault her for that ?

  8. You know, here's a news flash... by hivemind_mvgc · · Score: 5, Insightful
    Most lawyers argue a case because they're paid to argue the case, not because they have some personal convictions involved in the case.

    Microsoft pays well.

    I fail to see any relevance to this story, beyond the usual anti-Microsoft rabble rousing.

    --
    I support the FairTax www.fairtax.org
    1. Re:You know, here's a news flash... by B'Trey · · Score: 4, Insightful

      She's being nominated to the Supreme Court, where she will influence the direction of court cases in the US for likely the next few decades. She has never been a judge, so we have no history of judgements on which to evaluate her. If we don't use her previous work as a lawyer as a basis of judgement, exactly how should we judge her? Or should we simply confirm her as a Supremen Court Justice and hope for the best?

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    2. Re:You know, here's a news flash... by dAzED1 · · Score: 4, Interesting

      Reinquist, among many others, had never been a judge before serving on SCOTUS.

    3. Re:You know, here's a news flash... by at_slashdot · · Score: 3, Insightful

      As someone pointed out she didn't work as a judge so we cannot evaluate her by a history of judgements. However, we can evaluate her by the choices she made: Did she defend poor people, did she defend somebody who was attacked by a corporate bully? I mean there are cases and cases, I think it matters for example if you choose to defend Microsoft or you choose to represent the people that use Microsoft products.(Of course that's only a personal opinion and preference and it doesn't have any legal weight)

      I guess my sig is very appropriate for this situation. Life is about choices, you show who you are by the choices you make.

      --
      "It is our choices, Harry, that show what we truly are, far more than our abilities." -- Prof. Dumbledore
    4. Re:You know, here's a news flash... by julesh · · Score: 2, Insightful

      Yes, but the point to consider is that lawyers (particularly corporate ones) really don't have much choice about the cases they take. They take the one that's presented and do the best job they can to argue it in favour of their client, or they get fired. That's basically the job description.

      Now, if she had, for instance, breached client confidentiality, or had a history of losing important cases, or something like that, it might be relevant for determining how she would perform as a judge. However, I don't believe either of these is the case.

    5. Re:You know, here's a news flash... by julesh · · Score: 2, Insightful

      If we don't use her previous work as a lawyer as a basis of judgement, exactly how should we judge her? Or should we simply confirm her as a Supremen Court Justice and hope for the best?

      My suggestion would be to not appoint her until she has shown a record of some kind that will be useful in determining whether she is appropriate. Of course, I'm not an elected representative of the US people, so I have no choice in the matter. Probably what Bush is hoping is that as there is little useful past history that can be pointed out by the opposition, few will oppose her appointment. We really don't know what her views are on any of the important issues, and she might seem a more benign appointment than some candidates we know have outspoken views.

    6. Re:You know, here's a news flash... by ifwm · · Score: 2, Informative

      "Did she defend poor people"

      Why yes, as a matter of fact she did. She did pro bono work for Catholic Charities. I am assuming that it involved "poor people" as you so elegantly put it.

      Personally, I prefer my Judges have a well rounded idea of the Law, rather than some idealistic fantasy.

      "I think it matters for example if you choose to defend Microsoft or you choose to represent the people that use Microsoft products"

      Well, since she was an EMPLOYEE at a firm that represented MS, I think it doesn't matter one iota. YMMV.

      Now, if this was HER firm, founded and operated by HER, you might have a point.

      And once again the mods give out a +5 insightful to a post with no real insight at all.

    7. Re:You know, here's a news flash... by dAzED1 · · Score: 2, Informative

      why yes...yes, I can.

      There have now been 108 Justices in the history of the US. Of those, 44 had no prior judicial experience. That's a healthy 41%.

      In fact, the 2 of the last 3 Justices that were appointed, prior to Roberts, had no previous judicial experience. Those would be Clarence Thomas (Reagan appointee, 1991), and Steven Breyer (Clinton appointee, 1994).

      Kennedy appointed Justices Byron White and Arthur Goldberg, neither of which had any prior experience. I mention them because Kennedy could do no wrong, supposedly.

      Not only did 44 have no prior experience, many had only limited experience- Justices John Harlan and John Marshall had only 1 year prior experience. Justice Justice Hugo Black had only 1.5 years prior experience.

      Shall I go on, or have I sufficiently proven my point...

    8. Re:You know, here's a news flash... by j-joshers · · Score: 2, Informative

      Rehnquist also clerked for Justice Jackson, and was assistant Attorney General for Nixon. In other words, he did plenty of work that forced him to grapple with the subtleties and workings of the Constitution and the Supreme Court's relationship with it. This is similar to Earl Warren, who was California Attorney General, Regent of the UC, *and* Governor of California. Ms. Miers graduated from a 2nd rate law school and has done work as a private lawyer and as the Texas Lottery Commissioner. I dont know how running the lottery turns you into a Constitutional Scholar, and neither does anyone else. She's not nearly as qualified as Rehnquist, Warren, et. al, and anyone who says "well Renquist wasn't a judge either" is leaving out all the details that matter.

    9. Re:You know, here's a news flash... by killjoe · · Score: 2, Informative

      "Is it not considered "moral" to give a defendant the full consideration of the law? Is it not moral to perform your job to the best of your ability? Is it not moral to uphold the Constitution, despite the fact that you may dislike who the Constitution favors in this particular instance?"

      As an attorney you can make choices about who you represent. You can make choices about the law firm you work for. YOu can make choices about which cases to take.

      "I would find it very hard to call someone moral who abandons their responsibilities because of personal differences. I would call that person petty and childish, and ask them why they had bothered to enter into law in the first place."

      It is not the personal responsiblity of lawyers to defend anybody who comes to them and pays them. What kind of fucked up church did you attend that told you that? Are your parents that fucking stupid that they taught you that? Where did you get such a stupid moral learning from?

      A lawyer can choose not to defend anybody.

      --
      evil is as evil does
  9. In other news... by Reality+Master+101 · · Score: 4, Insightful
    Lawyers argue for what their clients pay them to argue.

    Exactly what is the story here? Both sides had lawyers. Are you going to tell me that all the lawyers on the other side are shining knights of glory?

    --
    Sometimes it's best to just let stupid people be stupid.
  10. Key phrase by deanj · · Score: 4, Insightful

    Rather that turning this into a political farce, for someone that has an axe to grind with this new nominee, let's cut to the chase here, and look at the key phrase in that article:

    "Microsoft believed that only people who actually lost data had a right to sue; that those merely with faulty software hadn't been injured."

    I hate Microsoft as much of the next guy, but I don't see what's wrong with this. It's basically saying "If you lost data, you can sue. If you didn't, you can't".

    Sounds like the people that wanted to sue Microsoft, but didn't have anything go wrong for them, got caught.

    Besides, there are plenty of other defects in Microsoft software they probably could have sued for instead.

    1. Re:Key phrase by Speare · · Score: 2, Insightful

      I hate Chevrolet as much of the next guy, but I don't see what's wrong with this. It's basically saying "If you lost a child in a horrific crash due to a known brake failure problem in that line of cars, you can sue. If you didn't, you can't."

      --
      [ .sig file not found ]
    2. Re:Key phrase by SimilarityEngine · · Score: 5, Insightful

      But it goes further, to say: if you have defective brakes, you are not entitled to a free replacement - even if those brakes are shown to have caused serious accidents.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    3. Re:Key phrase by Speare · · Score: 2, Informative

      I'll entertain your idiocy for a moment. If the original equipment stereo killed your child thanks to an electrical problem, instead of a brake failure, this would make the analogy so much clearer? Any tangible product with known dangerous problems should be recalled, repaired, replaced or refunded, whether it has actually caused each owner damage or not. Why is this different for software?

      --
      [ .sig file not found ]
  11. Big Law Firm - MS has Bucks by justanyone · · Score: 4, Insightful

    I'm not ready to disqualify a supreme court nominee based on their having had as a client one of the richest corporations on the planet. She was head of the largest law firm in (Texas? Dallas?) and thus had available lawyers to devote to a case; Microsoft had money to pay them; that's normal.

    I would object to this nominee based on her:
    * committing unethical acts while representing them;
    * arguing a totally untenable or specious position or otherwise demonstrating gross incompetence;
    * obviously agreeing with her client in her private speech (indicating a personal position, not a professional representation of her client's position), where that client's position was representative of unethical behavior or attitudes, etc.;
    * use of legal arguments based far outside of conventional legal mainstream thought (the Bork-Wacko factor).

    It seems to me we should pay attention to ethics, competence, and political leanings that don't represent the broadly accepted norm, or if she's in the past said she will legislate from the bench (which I highly doubt given her lack of being a judge previously).

  12. oh god by nomadic · · Score: 3, Insightful

    What stupidity. There are a bunch of reasons to criticize her: no judicial experience or constitutional scholarship; hell, she's just a Bush flunky. The fact that she was hired as an advocate for Microsoft isn't one of them. I mean, get some goddamn perspective.

    1. Re:oh god by ari_j · · Score: 2, Informative

      Why is lack of judicial experience (or, for that matter, whatever measure you use to determine a person's "constitutional scholarship") a reason to criticize her? I can think of at least a few prior examples of this working out.

      There are plenty of valid criticisms of Miers, but that's no more one of them than is her work as an attorney for Microsoft.

    2. Re:oh god by ari_j · · Score: 4, Informative
  13. Both sides by skydude_20 · · Score: 4, Interesting

    Miers argued for Microsoft and the new chief justice John Roberts argued for the states against Microsoft, so at least we know the discussions between the two will be lively behind the scenes of the courtroom.

    --
    Jesus saves souls and redeems them for valuable cash prizes
  14. um, ok.... by everphilski · · Score: 4, Insightful

    He appoints nominees, the senate makes the final decision. If the senate doesn't like what they see, the democrats (the opposing party at the moment) can filabuster, or the senators will vote against her.

    You need a single point to bring people into consideration. Otherwise what are they gonna do, have all 100 senators sit at a table and talk until they can find someone they all like? riiight, like that's gonna find someone quickly :P.

    -everphilski-

    1. Re:um, ok.... by Verteiron · · Score: 2, Insightful

      Don't worry, it will be. As soon as the majority decides that it doesn't want to wait out or deal with a filibuster, it will use what the press is terming "the nuclear option" and essentially ban filibustering (is that even a word?) when it comes to judicial nominations. Apparently they've already come close to doing this at least once.

      --
      End of lesson. You may press the button.
    2. Re:um, ok.... by Forager · · Score: 2, Insightful

      like that's gonna find someone quickly :P.

      Considering that these are lifetime appointments, do we really want this to be decided quickly? I'm all in favour of it taking a year or two to pick a new Supreme Court Justice, if it has to. We have an almost 2-year campaign cycle before the elections for the other two branches, why not take our time with the Supreme Court?

      Rushing nominees through the confirmation process just leads to inadequuate Justices who we know nothing about.

      --
      student of animation and the fine arts
    3. Re:um, ok.... by uncqual · · Score: 2, Insightful
      Seriously, if you're in the Senate, and your party is in the minority, how would you go about fighting for what you believe?

      Umm... Work on gaining a majority? Author and vote for bills that get enough majority party support to pass? Make a cogent argument to voters in states with a Senator in the majority party that convinces them to vote for the minority party Senator in the next election?

      What is magic about 2/3 - why not require unanimous agreement?

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
  15. No Judicial Experience by Anonymous Coward · · Score: 2, Insightful

    I'd be a little bit more concerned about the fact that she has no judicial experience. It's apaprently not *that* unusual; Rehnquist had none when he was nominated to the Court. Thomas had almost none. The gripe that I have with Roberts--only two years' experience as a judge before becoming the Chief Justice is an outrage--doesn't really apply here. Or rather, it wouldn't if there weren't already two sitting judges with very little judicial experience.

    What's really a concern is that there are a bunch of people out there, and I forget who the talking heads were, for which I apologize, who are saying that Harriet Miers is not considered a legal scholar, but Just Another Corporate Lawyer. That's troubling to me, far more troubling than her work for Microsoft.

    It's also troubling, of course, that this is Just Another Bush Crony getting a job, but the stakes are far, far higher than the stakes at FEMA under Brown and Chertoff. They can be fired or replaced. A Justice can't.

  16. Um... by Quiet_Desperation · · Score: 4, Insightful
    I'm no fan of Bush and could give a flip about Meirs, but isn't this reaching a bit? If this is the worst anyone can come up with... or were you just looking for a tech angle?

    I was hoping he would nominate Janice Rogers Brown, a black female conservative Christian libertarian and daughter of a sharecropper, if only for the fun in watching the media and politicians desperately try to pigeon hole her. Thousands and thousands of exploding heads guaranteed with that one. Oh well...

    1. Re:Um... by Eslyjah · · Score: 2, Insightful

      Brown would make a fantastic Supreme Court Justice, and not because she's a minority of a minority of a minority. She would be outstanding because she is a true scholar, and because she has been at the forefront of articulating conservative-libertarian judicial philosophy.

      Miers is bad, not because of this stupid tech angle and not because she's never been a judge, but a) because she has no demonstrable scholarly credentials whatsoever, and b) her nomination sends a message to bright young conservative lawyers: don't write anything contraversial, don't join the Federalist society, don't vocally challenge the logic of popular cases, and don't express doubts about the permissiveness of the Commerce Clause, because if you do, you will never be nominated for high-scrutiny positions.

  17. Not very telling by Pedrito · · Score: 4, Insightful

    Lawyers are hired to win cases. Lawyers frequently champion causes they don't personally support. It's their job to win their clients' cases. The job of a lawyer is not to be impartial or fair minded. You can't fault her for doing her job.

    What concerns me more is that she has no experience being a judge so there's nothing really to base a judgement of how impartial or fair minded she would be as judge. You can't really know how she'll interpret the law until she's judged cases.

    This goes back, in my opinion, to Bush hiring completely unqualified people for important positions, like Mike Brown at FEMA, only the consequences of this choice will reach much further into the future.

    1. Re:Not very telling by MorePower · · Score: 2, Insightful
      Lawyers are hired to win cases. Lawyers frequently champion causes they don't personally support. It's their job to win their clients' cases. The job of a lawyer is not to be impartial or fair minded. You can't fault her for doing her job.

      Yes we can fault her for doing her job. It is this very attitude that lawyers should put their personal judgement aside for anyone with enough cash that many people find abborant.

      I remember when I first started college, I got a book called "Engineers and Thier Profession" for my introduction to EE class. Towards the back there was a section about professional ethics that detailed many real-life "whistleblower" type incidents where engineers choose either to cover up or expose potentially dangerous defects in their companies products. The general conclusion of the book, and the attitude of most engineers I've talked with about professional ethics, is that as educated professionals, engineers had not only the right but the duty to put the greater good of humanity above the good of thier employer.

      The lawyers do have an arguable defence for their position, namely that everyone deserves solid legal representation, and refusing to serve your client would be like a doctor refusing to treat someone that they personally decide doesn't deserve to live. But it is very hard for many of us in other profressions to accept that this means lawyers have not only the right, but the duty to completely suspend all personal judgement and act completely amorally.

  18. Republican Justices? by Medievalist · · Score: 3, Insightful

    Once appointed, Supreme Court Justices are pretty much free to rise above the (nearly invisible) Republican/Democrat split if they so choose.

    Individual Justices do tend to be either authoritarian or libertarian, and either punishment-oriented or goal-oriented, though; some people incorrectly assign these values to the parties (just because GWB is a punishment-oriented authoritarian doesn't mean those are the values of the people who are registered republicans).

    If it makes you feel better, Harriet Miers has been reported to be a Gore supporter by the mainstream media.

  19. W. choosing someone in his pockets.... by Anonymous Coward · · Score: 2, Insightful

    I am personally bothered by this choice W. has offered. She is his personal laywer and has been for many many many years... she has never been a judge, a constitutional law scholar, or anything-- just a representative for political people and corporations. She should not be allowed to join the supreme court.

  20. Short Version by neoshroom · · Score: 4, Insightful

    Short Version:

    1. MS DOS 6.0 has bad compression software that doesn't work and can destroy your data.
    2. Microsoft is sued because people bought something, didn't get what they thought they did and are forced to pay more to just get what they should have already had.
    3. Supreme court nominee argues based on the technicality that the mere presense of the fault isn't enough to count as an "injury" but you need to actually have destroy data and since the suit wasn't brought forth on that basis, calls for dismissal.
    4. Microsoft wins. Lawyers win. People loose.

    So remember, if a contractor ever builds your house out of paper mache instead of bricks like he promised, sue only AFTER it collapses.

    --
    Big apple, new Yorik, undig it, something's unrotting in Edenmark.
  21. What could we add to his headline? by ifwm · · Score: 2, Funny

    Let's see

    "Bush nominee Former microsoft lawyer..." Who once knew someone who represented SCO, while allowing her son to be friends with a kid whose parents had heard about Intelligent Design.

    Oh, and she knows someone that thinks Linux isn't ready for the desktop.

  22. So What by Greyfox · · Score: 2, Insightful

    Has she ever suggested that it might be OK to wire up a guy's testicles to a car battery to get answers out of him, so long as he's not a USA citizen? Working for Microsoft isn't where this administration has set the bar. Shocking people's testicles is where this administration has set the bar. I just want a justice that won't have everyone's testicles wired up and ready to go 20 years from now! Who cares about the fetusses? Who cares about prior Microsoft experience? The testicles are where it's at!

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  23. Re:Maybe she'll help out when they impeach Bush by Travoltus · · Score: 3, Insightful

    Clinton was impeached for a blowjob.

    Bush lied to the entire country and troops are dying, plus he's nominating his own personal lawyer with NO experience as a judge, to the Supreme Court. We seriously need an impeachment here.

    (Hot dang, this place is thick with neo conservative mods!!)

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  24. When will Atlas shrug? by Progman3K · · Score: 2, Interesting

    Isn't the idea to fill the supreme court with people who have a proven record of fighting in the interest of the people?

    How does she qualify? Because she saved a corporation lots of money?

    I hate to sound biased, but if that is here claim in deserving this job, then it truly IS a sad day for the American people.

    --
    I don't know the meaning of the word 'don't' - J
  25. Re:I Was Injured by Pxtl · · Score: 2, Interesting

    This isn't about BSOD. This is worse. I think I remember this feature - some sort of "disk doubler" feature. Disk Doubler might've been a competing product to the actual MS version. Either way, it was a system that would somehow make your disks have far more space. I don't know if it was a more efficient FAT, or just automatically unzipping and zipping files for you or what, but a lot of people used it until their drives magically vanished. At that point you needed a format to fix the problem, iirc.

    I used it for a while, then heard stories from friends... plus, it sucked up some precious lower memory, making certain games unplayable. So I went through the excruciating process of converting all the drives back, finding the program still resident in memory, and then trying to track down how to prevent it from loading on boot.

  26. Re:I Was Injured by John+Courtland · · Score: 2, Informative

    I think it was called DriveSpace (DRVSPACE.EXE) and was a memory hog. I think it ate something like 30-40K of low mem. I don't even think you could put it into the UMB (I am possibly wrong on this as I didn't do too much experimenting with it, but without a lot of playing I couldn't get it up there), so it was a real waste of very valuable resources.

    --
    Slashdot is proof that Sturgeon's Law applies to mankind.
  27. What is a lawyer's job? by Chabil+Ha' · · Score: 2, Insightful

    A lawyer's employ is to defend the position of the client. In this case, she was a lawyer for Microsoft. If she had been a lawyer for anyone else, she would have defended their position with equal fervor. Now that she is likely to become a justice of the Supreme Court, her employ is to defend the Constitution of the United States of America, and if she can successfully defend something as silly as MS-DOS 6.0, then she has my support in defending some of the silly things that come before the bench of the highest court in the nation.

    --
    We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
  28. Bad rap for the disk compression by lseltzer · · Score: 2, Interesting

    IIRC, there wasn't really a bug in the disk compression; the issue was lazy writes. Users who, for example, shut the system down precipitously, might have had written data lost, but the same is true of any modern OS. I think all 6.2 did in this regard was to shut off lazy writes by default.

    You might remember that Infoworld ran a major page 1 review reporting that the compression had bugs that resulted in lost data, but in fact it was their faulty testing procedures that caused system resets without flushing the cache that was the cause of the lost data. Infoworld ran a page 1 correction not long thereafter, but that wouldn't stop trial lawyers from trying to form a class.

  29. Re:Now I have to filter out Taco's posts.. by databyss · · Score: 2, Funny

    Ummm... she eats babies too. Also she said that Apple stole windows code for their OS X and ummm.. she eats babies.

    (To be honest, as far as I know she hasn't said anything about Apple)

    --
    Hmmm witty sig or funny sig? Maybe elitest techy sig!
  30. Re:Unbelievable by GReaToaK_2000 · · Score: 2, Insightful

    After re-reading this post of mine... I decided to put a pre-emptive disclaimer.. If you like Bush... Don't read further. In addition EraserMouseMan, this is not directed at you, it is simply a rant that your post sparked,and I agree with you... "So this article is just more fuel for the flames and really does nothing else." I agree with the other things you posted but this rant is an example of the above quote. ...

    Yeah, but where the HELL were these people when it was time to vote?!?! In BOTH elections 2K and 2K4 I would have RATHER had ANYONE but HIM... In addition I would have voted for the independent party candidate but I knew my ONLY chance of keeping Bush out of office was Democrat and that failed too...

    I certainly, am not happy about what has transpired since 2000... I hated the thought of "Monkeyboy" being in office in 2000 and with everything that has gone on since has furthered my assertion that I was right. He was a bad choice then and continues to be the wrong guy for the job...

    He is bad at just about everything he does except one thing... He is somehow charismatic with the rednecks and impoverished people of the "red states"... I don't understand how, for example, in Iowa (and another 'I' state I don't remember) there are LINES Hundreds of people long waiting to get food because they are so poor and there are no jobs that they can't afford to put food on the table. Yet theses states went "red" in both elections...

    I just can't figure it out... It's like a HUGE portion of this country has lost the intellectual/logical side of it's collective brain...

    He continues to damage this country in numerous ways and yet lots of people like him, in fact, many love him still. I am not talking about the rich republicans that are obviously happy with him nor am I talking about the religious right that is happy with him either... I am talking about the "common" men and women that still like his decisions.

    It confuses me to this day how this continues. It's like a bad dream. Every week I see something new in the news that he has decided or because of a person he chose for a position has screwed up SO badly that it is completely inexcusable yet "that's ok... He's just a little slow..."

    No! He's the leader of THE MOST POWERFUL nation in the WORLD... If ANYONE of us (making less then $250K/year) were to screw up this frequently we be fired and be hard pressed to find another job... (Side Note: the $250K/year is a wag estimate, meaning those making about that much would find a financial way to weasel out of it)... ...

    Oh well, this rant won't change anything but I at least won't "bottle it up".

  31. Re:Now I have to filter out Taco's posts.. by Unski · · Score: 2, Funny

    Oh my word! Eats babies _and_ said something not nice about Apple?

    waah!

    * falls out of pram *

    In other news it was reported that Dick Cheney 'looked the wrong way' at a Mac Mini while out at his local Walmart and 'definately scratched his arse' near a StarOffice box.

  32. Re:If you were dumb enuff to use DOS ... by kimvette · · Score: 2, Insightful

    . . . and the alternative to Bush, John Kerry, would have been better? The man who doesn't own SUVs but daily drives any one of seven owned by his wife? The same John Kerry who ((allegedly)) cheated his way into multiple purple hearts in his quest for an early discharge? The same John Kerry who was putting down those who did their duty and served our country? I live here in Taxachusetts and I can't stand John Kerry. In fact, I can't think of a single politician at higher state or Federal levels that I do not abhor. I vote against incumbants whenever there is a reasonable alternative, but in the last election I voted not for Bush, but against John Kerry. Granted, I checked the Bush box on the ballot, but that was because it was the only way to keep an even worse scumbag out of office. Both candidates suck, and I just fear that John Kerry would have done far, FAR more damage.

    Oh, for the days of our parents when Republicans were really for smaller government, and Democrats really for the people. Now it's a matter of social engineering, controlling every facet of our personal lives, and profiteering without getting caught like Delay did.

    Vote against incumbants, always, unless the alternative is far worse.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  33. Stop expecting Slashdot to be unbiased by allanc · · Score: 2, Insightful

    And your mistake is assuming that it's pretending to be. It's a common mistake for some reason. Slashdot doesn't claim to be journalism, they don't claim to be original, and they don't claim to be unbiased.

    I don't know where people manage to get the impression that a site run by a guy calling himself "Commander Taco" should be held to the same journalistic standards as CNN.

    The Slashdot editors post stories that they'd want to read as Slashdot readers. Since the editors are heavily anti-Microsoft, pro-Apple, pro-Linux, pro-Unix, anti-Republican, etc, those are the sorts of stories that they post.

    Complaining about "hidden" bias on Slashdot is like complaining about "hidden" bias in a press release or at the Democratic National Convention.

  34. Constitutional process, checks and balances by gatzke · · Score: 2, Insightful


    Have you ever taken a US history / constituion class?

    It all goes back to check and balances for our three arms of the national government.

    Why is it wrong to have the president appoint a SC justice with the advice and consent of the Legislative branch? Just because you hate W does not make the process "wrong". Billy boi Clinton appointed one of the most liberal SC justices ever and had her approved in a 96-4 vote in the Senate, with little to no bitching by the minority right (or was that majority right at the time?)

  35. Unqualified for the job??? by dtjohnson · · Score: 2, Interesting

    The new nominee seems completely unqualified for the job, whatever her past lawyering cases were, Microsoft or no. She's never even decided a traffic ticket case. How can she possibly be qualified to decide cases which will set legal precedents for the next umpty-ump years? There is an enormous difference between being a lawyer and being a judge. Her only qualifications for the job seem to be 1) friend of Bush, 2) lawyer, and 3) a woman. I think a supreme court justice should have more qualifications than those.

  36. Re:Capitalism by lgw · · Score: 2, Informative

    Fascism is not government by corporation. That's a translation/cultural mistake. Mercantilism is government by business interest, historically to the extent of going to war to protect your foriegn markets from regulation by their own governments. If you're worried about the current trend continuing unchecked (a silly thin to worry about IMO), that's where we're heading. The Wikipedia article discusses hte economic theory, but like communism it's really both political and economic in practice. The modern version is based on control of cheap labor, not bullion, as economic understanding has matured (but is still pretty silly).

    --
    Socialism: a lie told by totalitarians and believed by fools.
  37. Can we look at something important? by ageoffri · · Score: 2, Interesting
    I've seen a lot of Microsoft bashing here and even more Republican bashing, but this has to take the cake. The Senate needs to look at issues that apply to the Constitution.

    Does she respect the 2nd Amendment

    If yes then she is a very good nominee for the Supreme Court.

    Does she respect Wade vs. Roe?

    If no then I would have a problem with her being appointed.

    Since she wasn't a judge, I'd like to know how much she used precedence in arguing her cases.

    If she is very traditional in her use of precedence then that is a very good sign regardless if you are Conservative or Liberal

    Did she ever argue any Civil Rights cases?

    This is the most complex question I have. Without knowing how she argued these sorts of cases and the details of the cases I can't even begin to say what would be good or bad

    So I urge /.'ers to pull the rope down from the tree and give her a fair chance to be evaluated before you hang her for having been a lawyer on a Microsoft case.

    --
    -- Slashdot, making the Left look conservative since 1997.
  38. Oh for crying out loud... by prisoner-of-enigma · · Score: 3, Insightful

    Look, I know /. readership is overwhelming left-of-center, but to post an article about Bush's lawyer being "related to Microsoft" is kind of silly. At some point the Bush-bashing just becomes pointless partisanship. So she made an argument for Microsoft back in the DOS 6.2 days. She also used to be Democrat and contributed to Al Gore's campaign fund. Big deal. Is this what passes for "News for Nerds"?

    --
    In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  39. Re:Unbelievable by EraserMouseMan · · Score: 2, Insightful

    So you don't call yourself a "liberal". Would you at least comment on how often you choose to vote for a Democrat against a Republican?

    From your post I bet your mantra is not just "Anybody but Bush" but also "Anything but stereotypical Conservative". Correct? Conservative is logically the opposite of Liberal. Hence my point. "Independents" don't like being called "liberal" because of all the wackos that have dragged the name down to unpopularity. But in the end "independents" vote the same way liberals do.

  40. Re:If you were dumb enuff to use DOS ... by squiggleslash · · Score: 2, Informative
    The man who doesn't own SUVs but daily drives any one of seven owned by his wife?
    Possibly true, I dunno. By itself, not much to go on.
    The same John Kerry who ((allegedly)) cheated his way into multiple purple hearts in his quest for an early discharge?
    Nice try with the word "allegedly", presumably meant in the sense of "If I'm wrong with this scandalous allegation, don't blame me, I was just repeating stuff I knew was from bogus sources but wanted the smear widely circulated."
    The same John Kerry who was putting down those who did their duty and served our country?
    That would be Kerry smearing himself, presumably, as he went to Vietnam to do his duty and serve his country. He came back and alleged a number of his superiors made wrong (wrong as in evil) decisions, and that some of his fellow soldiers obeyed those orders when they shouldn't have done. This was repainted by the right as some kind of smear against everyone there, including a number of people who quoted a comment by him over and over again in an effort to suggest Kerry was a self-confessed war criminal when the quote made no such allegation/confession.

    You've been drinking too much of the Republican kook-aid. The fact is the guy put himself in danger to fight for his country, he conducted missions against the enemy, he was shot at, he saved - directly - people under his command. He found he found the war unconsciable, and came back and said so at a time when it was political death to do so. The man's a hero. He's a hero for going off to fight. He's a hero for standing up for what he believed when doing so carried great political costs. It's an absolute outrage the right were able to get away with this smear campaign, and that people still repeat misrepresentations and outright lies from those smears as "fact'.

    --
    You are not alone. This is not normal. None of this is normal.
  41. Re:Maybe she'll help out when they impeach Bush by kyouteki · · Score: 2, Informative

    I'm sorry, what is irritating?

    (from der Wikipedia, emphasis mine) Impeachment is the process by which a legislative body formally levels charges against a high official of government. Impeachment does not necessarily mean removal from office; it comprises only a formal statement of charges, akin to an indictment in criminal law, and thus is only the first step towards possible removal.

    Clinton was actually impeached due to the fact that there were impeachment hearings.

    --
    A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
  42. Re:Poor analogy by tomhudson · · Score: 2, Insightful
    If Microsoft was being sued over a bug that affected a core feature of the OS, that too would equally applied to everyone who purchased the system.
    It (disk compression) was heavily advertised, and was the #1 reason to upgrade. Remember the tiny hard disks (40-100 meg) back then?
    But since the bug was limited to a feature that only a small group of people used
    ... because reports quickly surfaced that it corrupted data. Everyone I know used it, and everyone experienced corruption, and downgraded back to DOS 5 (it also didn't help that DOS 6 was, on average, between 11 and 17% SLOWER than DOS 5).
    but Microsoft shouldn't have to pay damages to people who never intended to use the feature to begin with.
    Guess you should dig out the box it came in. It was intended for everyone, and it was a major push. Double-page ads in the newspapers pushing DOUBLE YOUR HARD DISK SPACE.

    So how does this not qualify as a "core feature" of that version?

  43. mathematics degree by PMuse · · Score: 5, Interesting

    One thing that differs about Miers from most of the court -- her undergraduate degree (mathematics).

    The others are Roberts (liberal arts), *O'Connor (economics), *Rehnquist (political science), Breyer (liberal arts, math, science), Ginsburg (government), Kennedy (liberal arts, economics), Scalia (history), Souter (liberal arts), Stevens (english literature), Thomas (seminary, english).

    --
    "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  44. What most of you are missing by adturner · · Score: 4, Insightful

    I'm amazed at the ignorance on slashdot. I've lost count of how many people have said, "How can she qualified for SOCTUS if she's never been a judge?"

    The simple fact is that she would not be the first justice to never have sit on the bench before. Most recently Chief Justice Rehnquist was never a judge before he served http://en.wikipedia.org/wiki/William_Rehnquist. (Contrary to another poster, http://chnm.gmu.edu/courses/122/hill/marshall.htm Thurgood Marshall was a judge before he served.)

    Of course, as some of you have pointed out, for a lawyer, what matters not are these cases where the laywer is paid for their work. Everyone (even rich companies) have the right to a solid defense. And in this case I actually agree with the decision- M$ should only be liable for data corruption that actually occured, not which might someday occur.

    What does matter is what pro bono work she's done. This is where you find out what issues are important to her and gives better insight on how she would rule and write her opinions. Apparently she has been actively involved with trying to get other laywers to do pro bono work, so either she has a stack load of cases we can examine or she's a hypocrite.

  45. mod parent down by Skadet · · Score: 2, Insightful

    how's that insightful?

    Brakes are a necessary component of a car -- you cannot operate a car without them.

    Compression was not a necessary component of DOS 6.0 ... or any version that I can remember.

    Bottom line: Compression's optional. Brakes aren't.

  46. Re:Maybe she'll help out when they impeach Bush by jnaujok · · Score: 2, Informative

    Because Bill Clinton was being sued for sexual harrassment. He had elicited sex in return for job favors. During the course of this trial, he was called to testify. Part of that testimony was to establish his history as a sexual predator and serial harrasser. During that testimony, the prosecuting attourney brought up "Jane Doe #4", an un-named (at the time) intern in the White House. He specifically asked if Mr. Clinton had had sexual encounters with this intern. He denied everything.

    Largely on the basis of this denial, the jury found him not guilty. The plantiff, who had been sexually harrassed, lost any hope for recompense in the case.

    However, Clinton lied. Jane Doe #4 was Monica Lewinsky. When the evidence that he *had* been seeing Lewinsky arose, he was revealed to have perjured himself before the court, thus denying the plaintiff her civil rights. When he was called before congress to explain himself as part of the initial investigation, he *again* perjured himself. That's lying to congress. If you or I do that, we go to jail for 10 years.

    Remember that the only article of impeachment ever drawn up against Nixon (largely by a young law clerk named Hillary Rodham [yes, *that* Hillary Rodham Clinton]) was for "lying to the American people". In other words, Nixon was to be impeached, not for lying under oath, not for compounding that perjury with another perjury, but for telling an untruth on national television. Remember the finger wagging, "I did not have sexual relations with that woman, Miss Lewinsky"?

    The house felt that there was sufficient evidence for a "trial" in the senate and forwarded two articles of impeachment. The Senate rules require a super-majority to remove the president from office, a lucky thing, since 55 senators voted to remove him. In other words, the majority found him guilty of lying.

    The Arkansas state Bar has since revoked his law license and his ability to practice law. He was found guilty of perjuring himself before the bench and was summarily judged and had to pay the original plaintiff some $900,000 in a settlement.

    That's why he was impeached. Live it, learn it, love it.

    --
    Life, the Universe, and Everything... in my image.
  47. Re:Maybe she'll help out when they impeach Bush by illumina+us · · Score: 2, Informative

    "Against All Enemies" by Richard A. Clarke. Please read that book. You'll see how badly Bush wanted to go into Iraq IMMEDIATELY after 9/11.

    --
    -illumina+us "I put on my robe and wizard hat..."
  48. She Supports The Corporation/Government.. by nurb432 · · Score: 2, Insightful

    Instead of the citizen. Could have guessed that one considering she was appointed by a politician..

    Or could it be she was just defending her client? She was being PAID by microsoft, it doesnt mean she actually supported the decision. Attorneys are not paid to make moral judgements, they are paid to defend their client and try to win. ( and of course to make money for themselves.. )

    Perhaps now her client is 'the people', and she will fight for us.

    --
    ---- Booth was a patriot ----
    1. Re:She Supports The Corporation/Government.. by FreshFunk510 · · Score: 2, Insightful

      I see your point but I don't accept it. If one cannot stand up for their morals when they live a modest life, how can you expect them to once they are wealthy and powerful?

      --


      "Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
  49. Given this new information. . . by jafac · · Score: 2, Insightful

    I hereby declare her to be an evil baby-eating witch, who must NOT gain any Democratic votes for confirmation.

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  50. So... by th3space · · Score: 2, Interesting

    The most troubling thing about this is that she once represented Microsoft when she worked at a law firm? She represented Disney and a few other large corporations too, it's what lawyers are paid to do.

    Have we perhaps overlooked the fact that she was appointed by then Texas Governor Bush to head up the oft-maligned Texas Lottery Commission and dispatched two commissioners who happned to be democrats, one of whom claimed to be instrumental in getting Bush discharged from the Air National Guard? How about the fact that when running for Dallas City Council, she considered herself to be a reformed pro-choicer (aka: anti-choice) due to a born again situation? Or the fact that she lobbied the ABA to change its stance from pro-choice to nuetral or pro-life, only to rebuffed? Then she was the one who claimed that the ABA rankings weren't valid measures of performance and standing when trying to identify nominees for the appelate court?

    Don't be fooled here, she's a wolf in sheeps clothing...Dubbya's sleeping giant. He's trying to put through someone with no real paper trail so that he can establish his real legacy, shifting the opinion of the court to 'repair' the moral fiber of America. Being from Dallas, a city that she called home for a good long while, I've already heard a good deal from Texas republicans (which I, myself, used to be) about how she is more like Sandra Day O'Connor than people realize, and she'll fit that mold well, but I don't buy it. She won't play 'swing vote' in any form or fashion. I hope she gots blocked, and hard.

    --
    "How like you to drag your keyboard to a gun fight." - Aaron Bedard (BANE)
  51. Re: Lack of experience by markhb · · Score: 2, Informative
    The lack of bench experience has been well-discussed in the traditional media since yesterday. In coming to the Court without such experience, she would follow a path well-traveled by such men as:
    ... and, of course,
    • William Rehnquist (who was appointed as an Associate Justice by Nixon before elevation to CJ).
    ... So, of course, she must be immediately disqualified.
    --
    Save Maine's economy: write stuff down. All comments are exclusively my own, not my employer.
  52. Re:Maybe she'll help out when they impeach Bush by DavidTC · · Score: 2, Informative
    No, the 'majority' didn't find him guilty of lying, and that's just gibberish. The majority voted that he was guilty of lying. Only a supermajority of the senate can find him guilty.

    There was sufficient evidence to take him to court on the charge, and because he was the president his 'court' looked rather different than everyone else's. (And actually required a vote to get him into it, instead of the DA just filing charges.)

    However going to court doesn't make you guilty, and seven out of twelve jurors voting to convict you when the law requires nine doesn't make you guilty either.

    Which seems to be something everyone's ignoring. Clinton, according to the legal process in place to try presidents, did not commit prejury. He was found not guilty.

    Now, the same charge has been leveled against him by a private organization, the Arkansas Bar, and they have revoked their permission to practice law on those ground. However, the Arkansas Bar is not the legal system, and cannot find people guilty or innocent, even if it can fine its members under the rules they agreed to when they joined.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  53. Can People Please Remember by DarkOx · · Score: 4, Insightful

    Lawyers have a job, so do judges. A lawyers task is to argue any point, philosophy and set of facts and precedents that he/she thinks will favorably impact the outcome of the case for the client. They are essentially sales men. No sales person ever came to you and said "Hey I think this product is a pice of total crap personaly but anyway you should by one." No they keep the discussion focused on the virtue of the product. Working for Microsoft ment she had to convince those she was asked to speak with, be they judges, officials, customers or whoever, that Microsofts positions were sensible and legally correct, not that she personally felt that way. The fact she worked for Microsoft means only she was paid to do a job.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  54. Re: Lack of experience by AviLazar · · Score: 2, Insightful

    ... So, of course, she must be immediately disqualified.

    And I made this statement where? Thanks for coming out.

    Oh, and just because it has been done in the past, does not make it the best possible course to take. Yea, she may potentially be a great justice, that does not mean she is the best - and taht does not mean she is qualified right now to enter this position. Could she learn it, yea if she got this position she has the rest of her life to learn how to do the job....but then, there are the first years where she does not have the EXPERIENCE.

    PLUS, since she is not a judge, I have no idea how she would have ruled over different issues - something that is very important to the people.

    So until you can argue on my assumption's, keep your squander to yourself. Just so you realize - my assumption's is her lack of EXPERIENCE & lack of proof as to how she will act with regards to certain issues.

    --

    I mod down so you can mod up. Your welcome.
  55. This fight was over in 2004 by RexDevious · · Score: 2, Insightful

    For those of us who aren't happy with the idea of a judge who will make the GOP's philosophy the law of our land, for the rest of our lives, tough cookies. You had you're chance to change who'd be appointing our judges (or lawyers who will become judges) in 2004, and you blew it.

    Regardless of *why* you think the left blew it (poor candidates, poor campaign strategies, failing to remove Diebold from the equation, whatever), it doesn't change the fact that the GOP alone is calling the shots on what people can and can't do for the next 3, and their judges will be doing it for the rest of your natural lives.

    If people don't like this nominee, and she is defeated, Bush will merely appoint someone else who is as similiar to her as he can. And sooner or later, *one* of his nominees will be confirmed, and set the rules we'll all have to live by.

    The only way that's going to change, is if people are *so* dissatisfied with the people he chooses that the gradually elect enough people who are similarly dissatisfied, and those people change the rule that judicial appointments are for life.

    And the odds of that happening in our lifetimes is pretty freakin' slim, considering that only about 30% of us actually bother to vote in the first place.

    I know this seems harsh to the left, but keep in mind this is coming from someone who's probably farther to the left that you are. I'd vote for Clippy before voting for a Republican. I just think we need to pick our battles at this point. And trying to fight against the inevitable outcome that our most conservative president yet, will put the most conservative people he can get into lifetime judicial appointments, just seems like spending an awful lot of effort to close the barn doors after the horses are long gone.

    As technology experts, I think we'd get more out of spending our efforts pointing better ways of doing electronic voting, advocating better science and technology polices, and soon... devising 100% full-proof methods of birth control. And of course, developing reliable open-source data-compression that makes the outcomes of lawsuits relating to it failing, moot. ;-).

  56. Bad news for Microsoft? she may recuse by jbeaupre · · Score: 4, Insightful

    Justices generally recuse themselves from cases involving possible conficts of interest. Since she was Microsofts attorney, any case of theirs that reaches SCOTUS will likely trigger her recusing. So if she is pro-microsoft, even indirectly such as supporting the rights of large corporations, the balance of the court shifts against MS. On the other hand, if working with MS left a bad taste for corporations, having her off the case is a plus for MS.

    --
    The world is made by those who show up for the job.
  57. Re:If you were dumb enuff to use DOS ... by Alex+P+Keaton+in+da · · Score: 2, Interesting

    Ok my friend, I may not agree with you, but I read your comment and saw your point, until There is probably enough 'bad' about Bush for the UN to put the son of a bitch in jail.
    Are you trying to be funny? The UN putting an American in jail? Uh... never, ever gonna happen. And I am not talking about how the UN is corrupt, how despots are on the human rights commission-
    There is no chance of the UN ever having the autority to put an American President in jail. None.
    And for all your ranting about Bush- saying the UN could put him in jail paints you as a one world gov't type- which makes you a nut.
    There is probably enough 'bad' about Bush for the UN to put the son of a bitch in jail. I spend a lot of time on slashdot reading comments, but yours is the most ridiculous I have ever read. And the fact that it is modded +5 insightful tells everyone everything that need to know about modding on slashdot. An off topic, anti Bush, nonsensical rant gets a +5 insightful. Amazing.
    Say it with me- if the UN ever came to arrest an American President, after we stopped laughing, the UN would get its ass kicked.

    --
    And All I Ask is a Tall Ship And a Star to Steer Her By
  58. I have some issues, but not that she worked for MS by mschuyler · · Score: 2, Insightful

    I agree with her arguments about this class action lawsuit nonsense on trivialities. I would bet 99.9% of users of DOS 6.X didn't even know there was a compression program that came with it. Of those who had some vague inkling that this was a new "Feature" (i.e.: "a bug as defined by the marketing department" -- Manual for the Apple II circa 1979) very few used it. If they did use it, very few were "injured" because of it. And let's just pretend you WERE "injured" by losing some important data, why the hell didn't you create a backup before you tried something new on your precious bits and bytes? Don't plead ignorance there, plead stupidity, and that makes you culpable. Maybe it's you who needs to be sued (or fired) because you didn't use basic procedures to safeguard your data.

    Yet an attempt was made to turn this into another of those infamous "class action suits," which means, really, that anyone can jump on the bandwagon and claim injury. You know: Notices in major newspapers and magazines, lots of fine print, years of parading in the press. And when all is said and done, if these things win, you might be eligible for a rebate worth a few bucks, maybe, if you send it in, which only a handful of people ever will. You know why Norton can pretend to offer you Systemworks for free at Fry's if you send in the multiple rebate forms. It's because you never will, and they know it. It may get you to buy it, but it's just too much of a hassle to bother when you get right down to it. Mission accomplished, chump!

    Meanwhile, in this case, assuming it had been able to go forward, by the time it would have ended, DOX 6.X would have been history anyway. You would have upgraded to a faster box, guaranteed, with a new OS, just like you have since the dawn of IT history. So here's big, bad Microsoft that everyone loves to hate and hassle, with yet another frivolous lawsuit to deal with.

    And who gets all the money? MILLIONS of dollars change hands in these things. You get nothing (but then, you weren't really injured), but the bucks go to the LAWYERS who made up all this stuff in the first place.

    So good for her. She made a good argument and they made the right decision to toss such nonsense out of court.

    (And, having said that, I think she is an extremely poor choice for the Supreme Court with no relevant experience at all.)

    --
    How about a moderation of -1 pedantic.
  59. Re:Maybe she'll help out when they impeach Bush by stanmann · · Score: 2, Insightful

    There were and are hundreds of good reasons to go into Iraq. When we went in, the one at the top of the list was that Sadaam Hussein had not proven that he had destroyed his WMDs, so we went with that one. Whether he actually destroyed them or not was not the issue, he was playing shell games. Moving (what we now know were empty) truck convoys from one site to another, and then allowing the site the truck convoy had just left to be inspected while moving the destination site onto the offlimits list, is just one example of his "co-operation".

    --
    Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
  60. this whole microsoft... by KillShill · · Score: 2, Informative

    thing is a red herring.

    it has nothing to do with software.

    she's the person who helped wipe bush's national guard records.

    it's called cronyism. just about everyone in the current administration is there because of donating to the GOP or is a close friend of the bushs.

    http://www.counterpunch.org/frank10042005.html

    http://www.huffingtonpost.com/david-sirota/miers-l ed-law-firm-repeat_b_8277.html

    http://www.globalnewsmatrix.com/modules.php?name=N ews&file=article&sid=2835

    http://www.pnionline.com/dnblog/attytood/archives/ 002383.html

    just some interesting links.

    --
    Science : Proprietary , Knowledge : Open Source