Yes, its a warranty repair. But the law clearly states that, when in possession of a computer, even for a repair, Best Buy becomes responsible for the computer. Now, they do not have to reimburse her for the data. Nope. Not at all.
But if the computer is stolen, then Best Buy becomes liable for any damages. Especially since there is a very specific law requiring Best Buy to contact her. And they didn't.
There's even a special addendum to the law that stipulates that no terms of service contract can nullify responsibility.
I'm having a hard time understanding how you can read the law you cited and not find Best Buy at fault:
"Breach of the security of the system" means unauthorized acquisition of
computerized or other electronic data, or any equipment or device storing such data, that
compromises the security, confidentiality, or integrity of personal information maintained by the
person or business.
A syllogism:
Best Buy is a business
Best Buy maintains electronic devices through warranties
A laptop is an electronic device
Your argument that "repair does not equal maintenance" requires a very, very narrow reading of repair (and as many other posters have noted, a reading of repair not supported by the DC Attorney General). Legally, maintenance falls under the categorization of a "trade practice," which the DC attorney general defines as:
(6) "trade practice" means any act which does or would create, alter, repair, furnish, make available, provide
information or services;
When Best Buy accepts the computer, they inherit the responsibility to keep that computer safe. They are at least legally responsible for notifying their client that the information has been compromised:
Any person or entity who maintains, handles, or otherwise possesses computerized
or other electronic data that includes personal information that the person or entity does not own
shall notify the owner or licensee of the information of any breach of the security of the system
in the most expedient time possible following discovery.
So, while we all seem to agree that 54 million is a bit crazy, nothing suggests that this woman is necessarily a "loon."
The Super Bowl is straight-up ole regular network TV. As the article mentions, all that this really affects is TV ratings (since fewer sets are showing the game).
You must be European if you expect American TV ratings or copyright to make any kind of sense!
As a parent, a gamer, and an aspiring professor, this is the smartest thing I have read on Slash.dot in awhile. Somebody mod this up.
For an good discussion of different approaches to parenting (and to the rhetorical properties of language), check out the introduction to George Lakoff's Don't Think of an Elephant. I agree with the previous post, and with Lakoff, that successful parenting emphasizes responsible decision making.
At least, that's what my parents did. And now I know that Project Runway and Super Mario Galaxy are gold and Survivor and Alien Syndicate are crap.
Exactly. I believe the breakthrough will be if-when we have a population saavy enough to know how to install their own operating system. It is quite possible that will never happen.
A few years ago, I thought it would be essential for people to learn html and css to code websites and participate in digital communications. Instead of increasing the typical user's knowledge of code, we have equipped her with better WISYWIG technology and widgets, which means, optimistically, that she can spend more time crafting the content of her message. But it also means that she is likely more reliant on proprietary software packages (be they commercial or open source).
If Linux does "breakthrough," it probably will be more like you describe [and can I offer you a side of fries with that?] than as a glorious revolution of the soft variety.
I think this move shows that the rafiaa is at least a bit hesitant to take this matter in front of Congress, where their "file-sharing is piracy" metaphor isn't quite as deeply entrenched (anyone remember Senator Stevens? The supreme court is involved in a very intricate game of precedence and interpretation, and right now one side is just playing a hell of a lot better.
But I think FiniteElementalist hits this one on the head: the Riaa does not want this to become a political hot topic entering a presidential election year in which the Democrats are the odds on favorites. Maintaining traditional corporate infastructure is a Republican mantra, and I don't think you want the future of your industry riding on the right this year! The rafiaa plays the legal game very well, they will not win a popular public debate. Keep calling your congressmen, let them know that this is an issue that could win your vote.
I switched to a MacBook after I had a Gateway PC melt down on me four times. So far I haven't had a problem. What's great about Mac is their customer service, if you are having trouble with your MacBook Pro, then either bring it into a Mac store or contact customer service to arrange to ship it. They'll pay for the overnight. My friend had an issue with his two year old MacBook and they fixed it in a matter of days.
This has been a message from the US Department of Fuck the Constitution.
Awesome. Wish I had mod points. Hopefully the Supreme Court will remain sane and strike this down right quick. Otherwise I can see a lot of college photography students getting selectively harassed...I mean investigated... in the future...
The best defense I have read for the educational value of "serious" games (including some of those "violent" ones) is James Gee's What Video Games Have to Teach Us About Learning and Literacy. Gee is a socio-linguist and uses his theoretical background to analyze the cognitive engagements in a wide range of popular console and computer games.
Here's an excerpt:
Cognitive science has taught us a great deal about thinking as a mental act taking part in an individual's head. For various reasons, however, these views less strongly inform how teaching and learning work in today's schools than they used to. This is so, in part, because the views about thinking current in cognitive science stress the importance of active inquiry and deep conceptual understanding, things that are not politically popular any longer in schools, driven as they are by standardized tests and skill-and-drill curricula devoted to "the basics." (3)
Gee's book demonstrates that, even if they initially look like a button-mashing "shoot'em up," many video games are built upon active inquiry and deep conceptual understanding (often success in a video game is learning its semiotic code, understanding the game's mechanics). Recently I've been playing Res 4--you have to learn; when to fight, when to run, what ammunition to use on which monster, etc. Not to mention the "America is protecting the world from tyranny and bio-terror, don't trust multinational corporations, always save a damsel in distress" and other socio-cultural messages running throughout the game.
O.k., lets take a deep breath. I don't like paying taxes either, but if you read the articles, you'll see that Miller is proposing taxing players who have accrued millions of real world dollars:
LaPiana said that there is little question that the transfer of such assets could be taxable, since it is property. However, he did say that the taxes would accrue only if the total value of the estate's assets, at the time of death, exceeded the limit set by the state in which the deceased had lived. In most cases, he said, that amount is $2 million, though some states, like New York and New Jersey, have lower limits.
There are not that many instances in which someone has that level of virtual assets, although the recent reports that Second Life land mogul Anshe Chung had amassed $1 million in virtual land and other holdings certainly suggest her heirs might have some interesting inheritance tax issues if she dies.
If people are selling virtual goods in real markets, then I don't see the big deal taxing them. Yes, sometimes that money goes to things we don't appreciate, but other times it goes to things like education, research, roads, and all that other fun stuff. And if we want the government to support issues such as net neutrality, then we're going to have to let them get their hands dirty. I do think its a bit funny that they can't understand how to craft sane intellectual property laws yet are ready to tackle virtual taxation, but this thread already has its share of bitchin' and moanin'.
Thanks to all respondents. I'm glad to know I'm not the only person having this problem. Actually, the Levinas Society does pay for the Yahoo service (one of the reasons I am tremendously annoyed). They signed on with Yahoo before I came aboard; I gues I'll just have to wait for the year-long contract to run out and switch companies. Personally, I use phpwebhosting and haven't had any problems.
I webmaster for an academic non-profit group using Yahoo. When I checked the standards-compliance the other day, I was surprised to find a number of errors. I found this at the end of my source code:
geovisit();
Has anyone else ever had an experience like this with Yahoo? The code doesn't appear in my files if I download them, so this is something going on server side.
I agree--I teach webstandards and there's nothing really standard about them. Its probably time to create all those alternate CSS's for my homepage (I've been putting that off for awhile, but between the Wii and the iPhone, its time).
umm... America isn't actually a democracy. Its a republic. I don't think there's a truly democratic nation in the first world. So, there's one alternative: elect officials to represent the people. Those officials have access to a wide variety of information and use that information to make decisions which they believe benefit the majority of the people. If they happen to think that censoring a mass media outlet is the best thing, then they are within their power. If the people disagree, then they can choose new leaders the next time around.
To recap, I don't think you are stupid, just oversimplifying. To try and frame complex cultural matrices in "either your with us or against us" kinds of terms doesn't pay sufficient attention to the underlying complexity. Continuity can be great. Its also a hobgoblin for...
Every person has equal value. And while you and I might agree that a basic human right should be freedom of expression and access to information, not everyone does. It is their right, unfortunately, to decide that some information and expression is detrimental to society, that it is devoid of value. Its our right to bitch and moan about it, hopefully some of those elected officials will take notice and pressure other elected officials to confront China's officials. Maybe.
I'll just add a nod to Lessig's Free Culture: when the RIAA and other media groups allow things to enter public domain (as they every 20 years for our country's first few hundred years), I'll start considering file-sharing as theft.
The same criticism that drives adolescent commentary drives the commentary of executives such as Branch: an incomprehsibility that power and visuals alone don't comprise the totality of experience and preference.
This despite the fact that virutally every game review I've ever read stresses that graphics only really matter for the first ten minutes. After that, if a game sucks, then it is collecting dust. In the long run, play is what matters. And that's what Nintendo seems to understand (even if the mechanics are still under development). Not to mention that the casual gamer's rushing to the Wii, unlike hardcover gamers, haven't geeked out on PS2's and XBox 360s', so most (many of whom my friends) don't realize that they are looking at a graphically inferior product.
In the long run, the advanced power of the 360 and the 3 might devalue the Wii--but just wait until Star Wars: Who Cares What They Call It comes out for the Wii and Ninten-dorks everywhere are swinging lightsabers. Oh glorious day.
This might differ state to state, but I doubt. Through the miralce of the interweb:
The following summaries explain the law regarding the use, possession and production of falsified identification documents and the penalties for such actions.
COV 18.2-204.1. Fraudulent use of birth certificates, driver's licenses, etc.
It is illegal to use another's identification as one's own.
It is illegal to possess or sell an ID for the purpose of establishing a false identification.
Persons who possess, use or distribute fake IDs are charged with a Class 1 misdemeanor. If the document is used to purchase a firearm, the charges increase to a Class 6 felony.
This comes from Virginia, and a quick search showed similar laws in NC and CA. It is illegal to own a fake ID, regardless of your intentions.
I also find this is a "new generation" thing: it usually takes developers a year or so to really capitalize on the new systems' capabilities. Its nice to know that numerous developers will be paying significant attention to the Wii rather than just the 360 and the PS3. I'm a long time Playstation loyalist, but I'm switching to the Wii this generation (assuming I can find one...)
Slashdot Mirror
No, it more likely ignorance. Many US politicians have no conception of intellectual property law.
Yes, its a warranty repair. But the law clearly states that, when in possession of a computer, even for a repair, Best Buy becomes responsible for the computer. Now, they do not have to reimburse her for the data. Nope. Not at all. But if the computer is stolen, then Best Buy becomes liable for any damages. Especially since there is a very specific law requiring Best Buy to contact her. And they didn't. There's even a special addendum to the law that stipulates that no terms of service contract can nullify responsibility.
Raehl,
I'm having a hard time understanding how you can read the law you cited and not find Best Buy at fault:
A syllogism:
Your argument that "repair does not equal maintenance" requires a very, very narrow reading of repair (and as many other posters have noted, a reading of repair not supported by the DC Attorney General). Legally, maintenance falls under the categorization of a "trade practice," which the DC attorney general defines as:
When Best Buy accepts the computer, they inherit the responsibility to keep that computer safe. They are at least legally responsible for notifying their client that the information has been compromised:
So, while we all seem to agree that 54 million is a bit crazy, nothing suggests that this woman is necessarily a "loon."
The Super Bowl is straight-up ole regular network TV. As the article mentions, all that this really affects is TV ratings (since fewer sets are showing the game). You must be European if you expect American TV ratings or copyright to make any kind of sense!
As a parent, a gamer, and an aspiring professor, this is the smartest thing I have read on Slash.dot in awhile. Somebody mod this up.
For an good discussion of different approaches to parenting (and to the rhetorical properties of language), check out the introduction to George Lakoff's Don't Think of an Elephant . I agree with the previous post, and with Lakoff, that successful parenting emphasizes responsible decision making.
At least, that's what my parents did. And now I know that Project Runway and Super Mario Galaxy are gold and Survivor and Alien Syndicate are crap.
Exactly. I believe the breakthrough will be if-when we have a population saavy enough to know how to install their own operating system. It is quite possible that will never happen.
A few years ago, I thought it would be essential for people to learn html and css to code websites and participate in digital communications. Instead of increasing the typical user's knowledge of code, we have equipped her with better WISYWIG technology and widgets, which means, optimistically, that she can spend more time crafting the content of her message. But it also means that she is likely more reliant on proprietary software packages (be they commercial or open source).
If Linux does "breakthrough," it probably will be more like you describe [and can I offer you a side of fries with that?] than as a glorious revolution of the soft variety.
I thought the Borg were an interesting hyperbolic metaphor for a culture working through its Imperialist past.
I think this move shows that the rafiaa is at least a bit hesitant to take this matter in front of Congress, where their "file-sharing is piracy" metaphor isn't quite as deeply entrenched (anyone remember Senator Stevens? The supreme court is involved in a very intricate game of precedence and interpretation, and right now one side is just playing a hell of a lot better.
But I think FiniteElementalist hits this one on the head: the Riaa does not want this to become a political hot topic entering a presidential election year in which the Democrats are the odds on favorites. Maintaining traditional corporate infastructure is a Republican mantra, and I don't think you want the future of your industry riding on the right this year! The rafiaa plays the legal game very well, they will not win a popular public debate. Keep calling your congressmen, let them know that this is an issue that could win your vote.
I switched to a MacBook after I had a Gateway PC melt down on me four times. So far I haven't had a problem. What's great about Mac is their customer service, if you are having trouble with your MacBook Pro, then either bring it into a Mac store or contact customer service to arrange to ship it. They'll pay for the overnight. My friend had an issue with his two year old MacBook and they fixed it in a matter of days.
Awesome. Wish I had mod points. Hopefully the Supreme Court will remain sane and strike this down right quick. Otherwise I can see a lot of college photography students getting selectively harassed ...I mean investigated... in the future...
The best defense I have read for the educational value of "serious" games (including some of those "violent" ones) is James Gee's What Video Games Have to Teach Us About Learning and Literacy . Gee is a socio-linguist and uses his theoretical background to analyze the cognitive engagements in a wide range of popular console and computer games.
Here's an excerpt:
Gee's book demonstrates that, even if they initially look like a button-mashing "shoot'em up," many video games are built upon active inquiry and deep conceptual understanding (often success in a video game is learning its semiotic code, understanding the game's mechanics). Recently I've been playing Res 4--you have to learn; when to fight, when to run, what ammunition to use on which monster, etc. Not to mention the "America is protecting the world from tyranny and bio-terror, don't trust multinational corporations, always save a damsel in distress" and other socio-cultural messages running throughout the game.
O.k., lets take a deep breath. I don't like paying taxes either, but if you read the articles, you'll see that Miller is proposing taxing players who have accrued millions of real world dollars:
If people are selling virtual goods in real markets, then I don't see the big deal taxing them. Yes, sometimes that money goes to things we don't appreciate, but other times it goes to things like education, research, roads, and all that other fun stuff. And if we want the government to support issues such as net neutrality, then we're going to have to let them get their hands dirty. I do think its a bit funny that they can't understand how to craft sane intellectual property laws yet are ready to tackle virtual taxation, but this thread already has its share of bitchin' and moanin'.
Thanks to all respondents. I'm glad to know I'm not the only person having this problem. Actually, the Levinas Society does pay for the Yahoo service (one of the reasons I am tremendously annoyed). They signed on with Yahoo before I came aboard; I gues I'll just have to wait for the year-long contract to run out and switch companies. Personally, I use phpwebhosting and haven't had any problems.
D'oh. I should have previewed. Here's the website. I would really appreciate any help people can offer. Thanks.
I webmaster for an academic non-profit group using Yahoo. When I checked the standards-compliance the other day, I was surprised to find a number of errors. I found this at the end of my source code:
Has anyone else ever had an experience like this with Yahoo? The code doesn't appear in my files if I download them, so this is something going on server side.
That's a great point and a great comparison. Wish I had mod points.
I agree--I teach webstandards and there's nothing really standard about them. Its probably time to create all those alternate CSS's for my homepage (I've been putting that off for awhile, but between the Wii and the iPhone, its time).
umm... America isn't actually a democracy. Its a republic. I don't think there's a truly democratic nation in the first world. So, there's one alternative: elect officials to represent the people. Those officials have access to a wide variety of information and use that information to make decisions which they believe benefit the majority of the people. If they happen to think that censoring a mass media outlet is the best thing, then they are within their power. If the people disagree, then they can choose new leaders the next time around.
To recap, I don't think you are stupid, just oversimplifying. To try and frame complex cultural matrices in "either your with us or against us" kinds of terms doesn't pay sufficient attention to the underlying complexity. Continuity can be great. Its also a hobgoblin for...
Every person has equal value. And while you and I might agree that a basic human right should be freedom of expression and access to information, not everyone does. It is their right, unfortunately, to decide that some information and expression is detrimental to society, that it is devoid of value. Its our right to bitch and moan about it, hopefully some of those elected officials will take notice and pressure other elected officials to confront China's officials. Maybe.
Great response.
I'll just add a nod to Lessig's Free Culture : when the RIAA and other media groups allow things to enter public domain (as they every 20 years for our country's first few hundred years), I'll start considering file-sharing as theft.
Until then its just a digital tea party.
Blah, blah, totally agree. Show me one of these "historically stable" nations that hasn't engaged in war. Agonism is part of the human experience, wired into our psychology, and an unforntunately inevitable part of existence.
The same criticism that drives adolescent commentary drives the commentary of executives such as Branch: an incomprehsibility that power and visuals alone don't comprise the totality of experience and preference.
This despite the fact that virutally every game review I've ever read stresses that graphics only really matter for the first ten minutes. After that, if a game sucks, then it is collecting dust. In the long run, play is what matters. And that's what Nintendo seems to understand (even if the mechanics are still under development). Not to mention that the casual gamer's rushing to the Wii, unlike hardcover gamers, haven't geeked out on PS2's and XBox 360s', so most (many of whom my friends) don't realize that they are looking at a graphically inferior product.
In the long run, the advanced power of the 360 and the 3 might devalue the Wii--but just wait until Star Wars: Who Cares What They Call It comes out for the Wii and Ninten-dorks everywhere are swinging lightsabers. Oh glorious day.
Not to be a dick, but:
Your desired interpretation is conflicting with the statute.
This might differ state to state, but I doubt. Through the miralce of the interweb:
This comes from Virginia, and a quick search showed similar laws in NC and CA. It is illegal to own a fake ID, regardless of your intentions.
I also find this is a "new generation" thing: it usually takes developers a year or so to really capitalize on the new systems' capabilities. Its nice to know that numerous developers will be paying significant attention to the Wii rather than just the 360 and the PS3. I'm a long time Playstation loyalist, but I'm switching to the Wii this generation (assuming I can find one...)
...now I have even more reason to be pissed that I can't find a f@ckin' Wii.
grrr....