Personally, as someone "in the business", I think it's great when someone is reprimanded for misbehaviour regarding his role as an agent of the court, regardless of what "the viewpoint" is.
The fact that he's a Christofascist with a grudge against free speech as expressed through video games is just a bonus.
As I read TFA, she's being charged with "accessing protected computers without authorization" which is not the same as "violating the TOS", as it would still be a crime if there were no TOS to violate. Ask Kevin Mitnick whether there's already case law of someone going to jail for this crime.
The fact that she is alleged to have done this to "get information used to inflict emotional distress on the girl" -- to commit an assault, basically-- would also be grounds for a judge to hand out a harsher penalty on conviction, as there's ample case law to show that committing a crime to aid another crime is worse than committing one for its own sake. And of course, if it can be proven that the commission of these crimes -- the illegal access to the computer, and/or the asssault -- resulted in the death of the victim, opens up the possibility of manslaughter charges.
The prosecutor's problem is going to proving the "accessing computers without authorization", as it does look like she didn't hack the computers, just violated her TOS, as you're stating. In that case, she'll be found not guilty. Of course she could still be found guilty of the assault, and possibly even guilty of manslaughter charges if any were brought.
Now that would be fun, watching a record label hunt out every single fan at a concert and ask permission to use their vocal performance on a live album, and negotiate royalties for same.
Actually, I think the linux system of having software in repositories is superior to the Windows system, where you have many different kinds of installers, whose usefulness is very dependent on how good the third party developer is. The problem is a matter of unfamiliarity, in that if you're not used to doing something a certain way, you think it's harder, or wrong. I think that an untrained user, coming to Windows installation procedures and to Linux package repositories with no experience at all, would prefer the repository experience.
Linux fails for the common user when the installations begin with "extract files from the tarball..." which is rarer, but still common enough to trip up an average user.
Worse than that is hardware support. Every time I try to install a particular flavour of Linux on one of my computers, there is some fairly important piece of hardware that didn't work. It used to be modems, then sound cards, printers, and these days it's wireless network cards. Even moderately skillful users often don't have the time to deal with the byzantine fixes required to get hardware going.
Keeping in mind of course that Han Chinese were shipped there specifically to dilute and eventually overwhelm the native Nepalese population.
I'm not necessarily disagreeing with your position, but there is an important moral question lurking under the surface of things here, namely, how far can a culture/race/ethnicity go to prevent their own genocide, before they too become what they're fighting against?
I used to like Harper.. not anymore. I think he's going to be in for a rude awakening when he does finally call the next election. He's made lots of enemies out west. That's interesting, I hadn't heard that Harper was starting to lose support. (of course, all my friends are centrists or lefties and never had much use for Harper to begin with)
I do think that we'll probably have an election before they manage to get this one through. Hope so, anyway.
In my jurisdiction, service is legal if you can prove that the other guy received it. In this case, the fact that he had to pay for part of the postage would constitute proof of receipt. I know that when dealing with other firms, a fax confirmation sheet is enough to show that the other office received the document, whether or not they ever printed it off their fax machine. The same would apply to e-mails where a return-on-open message is received.
I was going to write a long, thoughtful post in reply to yours, then I noticed the Ayn Rand quote in your sig. Sorry, I don't argue with religious fanatics.
You've argued that net neutrality is necessary (which I agree with, see my original post), and missed the point completely.
Unnecessary laws are bad laws, and are inherently wasteful. Let me repeat that. Truly unnecessary laws are wasteful.
If your elected representative really believes a law is unnecessary, that person should fight implementation of that law. If, on the other hand (as I suspect is the case here), your elected representative has been purchased by the telcos and cable barons, then that rep should be impeached, fired, whatever.
You've succumbed to Slashdot disease, the primary symptom of which is to ferociously attack a parallel example or metaphor, and forget to argue the point at issue.
Passing unnecessary laws just to make people happy is inefficient, and causes the system to become over-burdened as people try to game the new law for their own benefit, can cause unintended consequences in relation to other, more well-established laws (over-riding certain parts of an older bill, for example).
Let me ask you this, do you think it's a great idea to add a new procedure/function/module to a piece of software, that definitely interacts with the previously written and tested code, if you think that new code is unnecessary, just to make a PHB happy?
For the record, I do think net neutrality laws are necessary. I don't think however, that unnecessary laws are harmless.
There may be more feature-rich players than the iPod, but the Zune isn't one of them, at least as far as I'm concerned. It could be more featureful, but for the much stricter DRM. I myself preferred the iRiver line, before they drank the PlaysForNow koolaid, and I may look at them again. But I'll never buy a Zune.
Never mind, if my past experience with SecuRom is any indication, replacing the executable with the cracked version is going to be SecuRom's solution to any bugs in their DRM scheme. I know when I had problems with SecuROM not authorizing my copy of NWN, and wrote to them about it, they shipped me a little reporting tool (my box was almost exclusively used for NWN at this time), analysed the data, and sent me a link to a patched.exe and told me to replace my nwn.exe with that. What a waste, I could have downloaded the crack (which was probably SecuROM's own patched.exe) and ran that.
I've never seen a more useless company than SecuROM.
Ack! Google tells me nothing. I can tell you that I heard the story I believe on CBC radio, and I know the CBC did a big in-depth on tasing and Taser International, but alas I cannot find a link.
I don't know if "antiquated" is the right word. I'm in Canada, and here, the arts are inadequately funded by the government, and larger centres also have endowment funds with active recruiters. Is it more or less "antiquated" if the wealthier members of your society stop taking an interest in the arts? One nice thing about the endowment model vs the government funding model is that there is more stability and reliability in the level of funding. My wife worked as the general manager of a small live theatre, and every time there was an election at the provincial or federal level, her funding dried up for 3 months while the election campaign happened, and was likely to disappear if the government fell.
What old days? The patronage of wealthy people has never stopped funding the arts, and continues on to this day. Most major arts centres are funded in large part by their endowment funds, and those organizations pay money to people who ensure that those endowment funds continue to receive large donations.
Personally, as someone "in the business", I think it's great when someone is reprimanded for misbehaviour regarding his role as an agent of the court, regardless of what "the viewpoint" is.
The fact that he's a Christofascist with a grudge against free speech as expressed through video games is just a bonus.
As I read TFA, she's being charged with "accessing protected computers without authorization" which is not the same as "violating the TOS", as it would still be a crime if there were no TOS to violate. Ask Kevin Mitnick whether there's already case law of someone going to jail for this crime.
The fact that she is alleged to have done this to "get information used to inflict emotional distress on the girl" -- to commit an assault, basically-- would also be grounds for a judge to hand out a harsher penalty on conviction, as there's ample case law to show that committing a crime to aid another crime is worse than committing one for its own sake. And of course, if it can be proven that the commission of these crimes -- the illegal access to the computer, and/or the asssault -- resulted in the death of the victim, opens up the possibility of manslaughter charges.
The prosecutor's problem is going to proving the "accessing computers without authorization", as it does look like she didn't hack the computers, just violated her TOS, as you're stating. In that case, she'll be found not guilty. Of course she could still be found guilty of the assault, and possibly even guilty of manslaughter charges if any were brought.
Two words for you:
audience singalong.
Now that would be fun, watching a record label hunt out every single fan at a concert and ask permission to use their vocal performance on a live album, and negotiate royalties for same.
Actually, I think the linux system of having software in repositories is superior to the Windows system, where you have many different kinds of installers, whose usefulness is very dependent on how good the third party developer is. The problem is a matter of unfamiliarity, in that if you're not used to doing something a certain way, you think it's harder, or wrong. I think that an untrained user, coming to Windows installation procedures and to Linux package repositories with no experience at all, would prefer the repository experience.
Linux fails for the common user when the installations begin with "extract files from the tarball..." which is rarer, but still common enough to trip up an average user.
Worse than that is hardware support. Every time I try to install a particular flavour of Linux on one of my computers, there is some fairly important piece of hardware that didn't work. It used to be modems, then sound cards, printers, and these days it's wireless network cards. Even moderately skillful users often don't have the time to deal with the byzantine fixes required to get hardware going.
Keeping in mind of course that Han Chinese were shipped there specifically to dilute and eventually overwhelm the native Nepalese population.
I'm not necessarily disagreeing with your position, but there is an important moral question lurking under the surface of things here, namely, how far can a culture/race/ethnicity go to prevent their own genocide, before they too become what they're fighting against?
Mod this anonymous fellow up.
I do think that we'll probably have an election before they manage to get this one through. Hope so, anyway.
Just to be nit-picky, neither Robert Mugabe nor Kim Jong-Il is a group. There is no law in Canada against hating a particular person.
And for those who still don't get the joke:
Wine Is Not an Emulator.
Also, he may have been bucking for a seat on the Bench for a long time now, and finally got his chance.
In my jurisdiction, service is legal if you can prove that the other guy received it. In this case, the fact that he had to pay for part of the postage would constitute proof of receipt. I know that when dealing with other firms, a fax confirmation sheet is enough to show that the other office received the document, whether or not they ever printed it off their fax machine. The same would apply to e-mails where a return-on-open message is received.
I was going to write a long, thoughtful post in reply to yours, then I noticed the Ayn Rand quote in your sig. Sorry, I don't argue with religious fanatics.
You've argued that net neutrality is necessary (which I agree with, see my original post), and missed the point completely.
Unnecessary laws are bad laws, and are inherently wasteful. Let me repeat that. Truly unnecessary laws are wasteful.
If your elected representative really believes a law is unnecessary, that person should fight implementation of that law. If, on the other hand (as I suspect is the case here), your elected representative has been purchased by the telcos and cable barons, then that rep should be impeached, fired, whatever.
You've succumbed to Slashdot disease, the primary symptom of which is to ferociously attack a parallel example or metaphor, and forget to argue the point at issue.
Passing unnecessary laws just to make people happy is inefficient, and causes the system to become over-burdened as people try to game the new law for their own benefit, can cause unintended consequences in relation to other, more well-established laws (over-riding certain parts of an older bill, for example).
Let me ask you this, do you think it's a great idea to add a new procedure/function/module to a piece of software, that definitely interacts with the previously written and tested code, if you think that new code is unnecessary, just to make a PHB happy?
For the record, I do think net neutrality laws are necessary. I don't think however, that unnecessary laws are harmless.
There may be more feature-rich players than the iPod, but the Zune isn't one of them, at least as far as I'm concerned. It could be more featureful, but for the much stricter DRM. I myself preferred the iRiver line, before they drank the PlaysForNow koolaid, and I may look at them again. But I'll never buy a Zune.
Never mind, if my past experience with SecuRom is any indication, replacing the executable with the cracked version is going to be SecuRom's solution to any bugs in their DRM scheme. I know when I had problems with SecuROM not authorizing my copy of NWN, and wrote to them about it, they shipped me a little reporting tool (my box was almost exclusively used for NWN at this time), analysed the data, and sent me a link to a patched .exe and told me to replace my nwn.exe with that. What a waste, I could have downloaded the crack (which was probably SecuROM's own patched .exe) and ran that.
I've never seen a more useless company than SecuROM.
Oh come on, 640 yottabytes should be enough for anybody....
Say it again, now!
Ack! Google tells me nothing. I can tell you that I heard the story I believe on CBC radio, and I know the CBC did a big in-depth on tasing and Taser International, but alas I cannot find a link.
Mea Culpa.
Actually, I think Taser stopped requiring cops to tase each other in training when a cop died after being tased.
WHO Health Care Rankings by Nation:
Canada #30
USA #37
Cuba #39
Source
Because I like sauce with my whine and cheese.
Hence the "if the US was smart..."
I don't know if "antiquated" is the right word. I'm in Canada, and here, the arts are inadequately funded by the government, and larger centres also have endowment funds with active recruiters. Is it more or less "antiquated" if the wealthier members of your society stop taking an interest in the arts? One nice thing about the endowment model vs the government funding model is that there is more stability and reliability in the level of funding. My wife worked as the general manager of a small live theatre, and every time there was an election at the provincial or federal level, her funding dried up for 3 months while the election campaign happened, and was likely to disappear if the government fell.
What old days? The patronage of wealthy people has never stopped funding the arts, and continues on to this day. Most major arts centres are funded in large part by their endowment funds, and those organizations pay money to people who ensure that those endowment funds continue to receive large donations.