The main point of TrueCrypt (as I understand it) being that it's impossible for the prosecution to provide any evidence that what they see isn't everything you've got. No evidence you aren't complying = no leg to stand on. providing encrypted files is compliance so long as you have the decryption key provided as well or can show an attempt to provide the key- the fact of the matter though is that if all of your data is encrypted the cost for discovery in a civil case would be so high that it would be ridiculous to pay for it (that would be the burden of the litigant and not the defense- defense would only have to provide the data post discovery in compliance with the submission by the litigant (or opposing counsel) so you could theoretically turn over the drive and it would be up to whoever is suing you to decrypt the drive- in the realm of e-discovery there are only certain vendors that handle encryption and that would be in the forensics and not in your standard lit support vendor/service beaurau, so the cost would be generally high per piece of media. Following this the review process would be pretty high as well considering the price point that we charge at our company usually comes out to $1-3 per doc give or take (depending on the client, population, etc.) after all is said and done and that is 1/2 to 1/3 of the standard rate for edoc reviewing at most companies (we have a damn fine stat on recall and precision as well) so imagine that you have a couple of terabytes of data at home which isn't hard considering you can drop a terabyte in your desktop nowadays, the cost that would be incurred during the discovery process alone would be pretty high for say, the RIAA to sue someone who not only will never have the $ to pay on a suit, but also may or may not even have any files that are incriminating. When it comes down to it the economics on consumer IP cases make zero sense, unlike corporate B2B, where you are actually looking to recover losses on a product base and are assured a return on a ruling or settlement.
While Congress has been awful about this (including the ridiculous extensions of copyright, long enough to protect the copyrights on Mickey Mouse again and again), related issues like the patentability of software came straight from the courts. these never came from the courts- the supreme court only rules on the constitutionality of cases brought to trial based on laws set out by congress- in other words- the supreme court only says- congress made these rules and asks whether or not they can be challenged based on the guidelines set out within the constitution itself, they do not rule on individual case merit, but the overall viability of how the case aligns with the constitution and whether it should be allowed to be challenged. The came goes for many of the circuit court.
realize that lawyers are all people and there are stupid people out there, but it is not the profession that makes people bad, it is the person themselves.
Or, you know... only watching the good movies? that's where I am at- when movies were inexpensive I used to go to one a week or so- but now when a non-matinée movie is 12.75 (with a couple of bucks service charge if you buy it online or 15.75 for an imax release) if my girlfriend and I go to a movie and buy popcorn and sodas you are looking at near $50 for the night- as opposed to not even 10 years ago where it was less than half what it is today- considering that I am pretty much making the same $ (about 10k more ) that I was back then and my rent is triple what it was and my power bill is about 4 times what it was then for a comparable lifestyle, you gotta think that going to movies slides down the priority list unless I REALLY want to see it. The same argument is made for me with music (and I am a musician so that is saying a lot) both live and recorded- less disposable income means less to dispose of
welcome to the reason that p2p is so popular
Since irrational Obama supporters apparently run the internets, I fully expect this post to be modded "Troll" or something, because it doesn't contain the requisite amount of Obama bias and instead offers a firsthand account of what went down in Texas last night, and posits a reasonable theory for the disparity between primary and caucus votes. How scandalous. Do your candidate of choice proud, and suppress any relatively objective post you see. how can you even say something like this when your entire post has no basis in reality- you are writing off young voters as though they don't exist- as though the older baby boom generation is the only one that counts- that is absolutely why younger voters are getting pissed off and becoming first-time voters.
Just remember that when all of those baby boomers are bitching about the fact that there isn't enough social security $ to go around, the younger generation will remember how they were treated and thought of during these years and act accordingly.
That makes no sense. It's another set of lawyers, working for RIAA, who are doing the "fucking with their system". So please don't try to claim that it's lawyers being offended who will right this matter. It's lawyers being paid lots of money to contort copyright and free speech, and often lawyers become legislators accepting lobbying support, who've created this legal morass out of what was once a much simpler set of copyright guidelines. neither of you are right- or wrong- the truth is that the judge will be pissed if they don't disclose evidence- and lawyers, no matter what you think work for the law- they are bound to do everything that they can to defend or support their client in accordance with the law- the only thing is that from what I have seen in the review of the RIAA attorneys- they tend to have a few narrowly focused lawyers and a lot of flunkies that are fresh out of school or inexperienced at best that are trying to make a name for themselves- that is far from a reflection on the lawyer community as a whole. I work in a legal environment (I handle forensic discovery) with about a hundred lawyers on a daily basis and have worked with more than that in firms in the past and I can tell you that not a single one that i have met is trying to twist and rewrite the law- that is more the kind of thing that you see in a movie or on TV that in reality.
also as a note- it is congress that has been twisting the copyright laws not the courts- the courts are bound to follow the laws as laid out by both local and federal legislature- so if you have a beef (which we all do) you need to take it to the congress-
And didn't DMCA suddenly make a criminal offence out of something that should have been a civil court matter actually no, the DMCA has no criminal code- it only defines the scope and ability of civil courts to rule on specific matters- the only place that I know of that actually has a criminal code associated with piracy is here in California where the state has a criminal code associated with it. So far though it hasn't been used to prosecute filesharers- only those hosting large databases of material and those selling bootleg dvds
nobody could actually force them to open up their code, that is not true as well- I have actually worked on a number of cases where the judge ordered that the code of both software and proprietary firmware was forced open, though the documents are sealed as "attorneys eyes only" and that it is stricken from the public record- I would give case names, but a couple of them are in appeals and I am under an NDA for all of them
I was under the impression that discovery rules only pertained to criminal cases, not civil cases? far from right- I work in civil litigation, in fact I work in forensics and data analysis, compliance and integration for electronic discovery review and admission- discovery rules are very strict and chain of custody and disclosure are paramount- this is why you are seeing things like personal microsoft e-mails being disclosed to the public by the judge in the current class action that they are in the middle of- if there are proprietary materials in the media sentry documents then the RIAA has the ability to have NDA's and security profiles run on those that analyze the data and portions can be excluded as confidential, but documentation has to be produced if it is requested (or the RIAA could be held in contempt- then THAT is a criminal case) and if they produce completely redacted documents then not only can the judge order a third party review of the documents, but throw the case out all together as a meritless case- of course the RIAA can appeal this, but the higher that it goes and the more that council is sanctioned the harder it will be for them.
To my mind Family Guy suffered a faster decline than The Simpsons, dying suddenly in series 5 rather than suffering a patchy sort of decline from series 7 while continuing to air the very occasional, almost classic episode on into the ninth series before finally dying completely in the tenth. I still enjoy family guy- simpsons has been unwatchable for a good 5 seasons or so
Saying the Eee PC threatens laptop manufactures is like saying motorcycles threaten SUV sales. I completely agree- I have a umpc that I use (wibrain b1h) which I bought over most of the sub-notebooks because in it's scale it is the best performer, but it still doen't replace the use of my core2 notebook for performance- but it works really well for portability and good performance for what I do which is music- (if you want to see it in action see- http://www.youtube.com/watch?v=hQV8_pFS6dM ). In the end I don't see ever being able to replace a notebook or desktop with an ultraportable anything since as the performance of the sub-notebooks and umpc's raise- so will the notebooks and desktops and so will the cpu grab and memory grab on what I do with it-
where did the leak come from on these e-mails- class action was just granted and these docs haven't been made public yet- this could actually skew the case since as far as I know there has been no full admission of discovery in this case yet and the doc that has been posted could now be ruled inadmissible
Although Dempsey says that a solution "might be" a second internet, which to me sounds silly I have been saying for a long time that we need a 'second internet', though I see it as a space to be unregulated rather than secured since so many have built a business model around the current internet as it stands- things like blogs and p2p and community sites like youtube and myspace and pr0n could all be relegated to the 'second internet' and left alone and the heat could be taken off of everyone since the bandwidth would be separately dedicated (ISPs wouldn't have an argument anymore that bandwidth is being sucked from p2p) and the current internet would be able to have filtering and monitoring set up to it's heart's content since all of the things that people want to see that are subject to security flaws would be moved to a different network and protocol. Also businesses that currently are configured for secured transfers like banks and legal institutions would not have to worry anymore about security and network leaks as much since so much would be tracked and Id'd.
I know it isn't realistic per say (technically) and in the long run it would really just be a stream split (since there would be a ton more traffic on the new internet than the current) but I think that so long as the new lines are completely unregulated in the long run everyone would be happy- ISPs get new packages and subscribed accounts, businesses are more secure, totalitarian regimes can exclude the second internet from their countries, filesharers can do what they want, the **AA can argue for a profit share and drop lawsuits, bloggers could feel more free to say what they want and people could feel a lot more free to experiment with a new protocol and develop interesting tools and software to take advantage of it.
Dr. Jacobsen's background speaks for itself yes it does- the man has little to no experience in forensics or law(I work in forensics for legal cases) and is incredibly biased due to financial ties to the riaa and riaa associated companies. how the judge didn't strike the testimony in the first place is beyond me-
And how is it Microsoft's responsibility if application vendors are incapable of following the spec? that argument only works if you have a time machine as sp1 isn't released yet and the incompatibilities are on previously released and installed software- when the vendors wrote the software there was no spec for sp1
running a mimeograph machine- when I was in elementary school in the pre-everyone has a copier days we had to run all of our school flyers and handouts on a giant mimeograph machine- I helped out because it was really fun to run the big noisy monster when you are a 7 year old kid- plus that is how I put out my 7 year old kid's 'zine when people weren't looking- mostly poorly written movie reviews and little comics I made of animals in tanks fighting robots all of the time.
Take a step towards unrestricted bandwidth, build a new economy based on the innovative development of new business models using this bandwidth as a utility. I think you hit the nail on the head with this- people in the government need to approach the internet as they did with public highways, bridges and roads and realize that though there are many people that use these casually, the overall public good of improving open access for people to move data freely is as important as the ability to move goods freely in the economy and in the end leads to a more productive country economically. In the end the special interests that feel they have the right to stop and inspect people's data is pretty much the equivalent of allowing private business to set up illegal checkpoints whenever and wherever they choose based solely on their paranoia of the illegal transportation of their products. I for one can tell you that if someone like wal-mart started putting checkpoints on the hiighways near their stores to look for shoplifters that there would be more than a bit of an uproar.
The telcos can eat a bag of dicks. I have to say that I disagree as any manufacturer that would produce a "bag of dicks" clearly is doing far worse things to people than the telecoms are. I mean the telecoms suck, but at least they are not capitalizing on the removal of people's genitals.
sorry, but I have to agree with siesindallerscheisse: if you go to court w/o presenting law itself or try to challenge standing laws it has to be based on constitutionality and not on "the spirit of the nation"- though legalization is a valid argument as the laws that govern substance use in the ammendments to the constitution only govern liquor
The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. is the actual text for the prohibition amendment (XXI) addresses ONLY liquor and the repeal of prohibition states that
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress. though, if you were to truly argue the legalization of drugs you might have a stronger case if you say that as intoxicating liquor is classified medically in the same category as other intoxicating substances, it clearly states that an amendment is needed to overturn the repeal ergo you would need a new amendment in order to reclassify any intoxicating substance as illegal- it would be a bit of a lean on the text, but similar things are applied to free speech laws all of the time.
You can do what we do in the UK- "loser pays the bill". that is a terrible idea- "loser pays the bill" means that corporations can sue the little guy all they want and corporations can never be sued since the average person would not be able to afford to cover corporate litigation costs, but a corporation can easily eat the losses on a suit and even write it off come tax time.
years ago I wrote a funny little program that when runs would open a dialog that said "delete windows> OK?" and then showed a mock progress bar and displayed an animation of the contents of c:\windows - then the screen went blank and it showed a fake BSOD. I e-mailed this to a bunch of people and called it "virus.worm.exe" - you would be surprised, but about a third of them opened it and called me freaked out (you exited with alt+esc+F) and I lectured every one of them for opening a file named "virus.worm.exe". They all listened to me after the experience.
another good way to get their attention is to replace all of their shortcuts (make sure to back them up first;))- I did this to a co-worker one time on his laptop when he kept refusing to secure it and made every link in his start menu and desktop go to "bigblackdicks.com", he got home with it and went to watch a dvd with his wife when "bigblackdicks.com" popped up.....he started securing his laptop after that.
I'm not switching from Intel until someone comes out with 5 - count 'em, 5! - micro sharp cores. funny enough, dell has a few dual quad core systems on their site (I had to price some new systems for work last week and we are on a dell contract) so dump your 5 core AMD and go with 8 from intel my friend......
though if they do make 5 core system you can always get a dual 5 core making it a 10 core system.....
that is of course not counting your gpu- which are going dual- pop 2 of those in and you will have 14 cores running mwahahaha
I've only had toshibas, one felt from my hands while I was writing on the hard drive, bounce on the floor and kept working for 2 more years with no problem (of course 3 years for a computer that was totally abused, I think is great). My current laptop is a Toshiba, and I'll keep buying them. I, like you used to be a big toshiba fan (had a satellite 1, a tecra 550 which was actually run over by a motorcycle and still worked, a satellite s207, which is still functional after a lot of use and bumping around- but too big for me to lug around now), but my current laptop is a lenovo mainly because when I needed a new laptop it was the only one that I could find with good specs (core2 duo centrino 1.8 w 2gigs of ram) and came with xp pro, drivers for every piece of hardware on it for a base xp installation- and the clincher- since it was missed in the mass recall to retailers of xp systems I got it for $480. I do have to admit that for the model I have one thing that I REALLY do like is the fact that the RAM and the HD are easily changeable on the lenovo since there are literally 2 doors on the bottom of it that actually say "HD" and "mem" so if I need to upgrade (SSD maybe?) I don't have to go through some long involved process of unscrewing a million screws and/or removing the keyboard just to get at the HD.
I have to admit- I do like toshibas still, to this day, but for now I am a lenovo guy- it has been treating me quite well.
Slashdot Mirror
there is no prosecution in a civil case
realize that lawyers are all people and there are stupid people out there, but it is not the profession that makes people bad, it is the person themselves.
welcome to the reason that p2p is so popular
Just remember that when all of those baby boomers are bitching about the fact that there isn't enough social security $ to go around, the younger generation will remember how they were treated and thought of during these years and act accordingly.
also as a note- it is congress that has been twisting the copyright laws not the courts- the courts are bound to follow the laws as laid out by both local and federal legislature- so if you have a beef (which we all do) you need to take it to the congress-
where did the leak come from on these e-mails- class action was just granted and these docs haven't been made public yet- this could actually skew the case since as far as I know there has been no full admission of discovery in this case yet and the doc that has been posted could now be ruled inadmissible
I know it isn't realistic per say (technically) and in the long run it would really just be a stream split (since there would be a ton more traffic on the new internet than the current) but I think that so long as the new lines are completely unregulated in the long run everyone would be happy- ISPs get new packages and subscribed accounts, businesses are more secure, totalitarian regimes can exclude the second internet from their countries, filesharers can do what they want, the **AA can argue for a profit share and drop lawsuits, bloggers could feel more free to say what they want and people could feel a lot more free to experiment with a new protocol and develop interesting tools and software to take advantage of it.
running a mimeograph machine- when I was in elementary school in the pre-everyone has a copier days we had to run all of our school flyers and handouts on a giant mimeograph machine- I helped out because it was really fun to run the big noisy monster when you are a 7 year old kid- plus that is how I put out my 7 year old kid's 'zine when people weren't looking- mostly poorly written movie reviews and little comics I made of animals in tanks fighting robots all of the time.
I for one can tell you that if someone like wal-mart started putting checkpoints on the hiighways near their stores to look for shoplifters that there would be more than a bit of an uproar.
I mean the telecoms suck, but at least they are not capitalizing on the removal of people's genitals.
years ago I wrote a funny little program that when runs would open a dialog that said "delete windows> OK?" and then showed a mock progress bar and displayed an animation of the contents of c:\windows - then the screen went blank and it showed a fake BSOD. I e-mailed this to a bunch of people and called it "virus.worm.exe" - you would be surprised, but about a third of them opened it and called me freaked out (you exited with alt+esc+F) and I lectured every one of them for opening a file named "virus.worm.exe". They all listened to me after the experience. ;))- I did this to a co-worker one time on his laptop when he kept refusing to secure it and made every link in his start menu and desktop go to "bigblackdicks.com", he got home with it and went to watch a dvd with his wife when "bigblackdicks.com" popped up.....he started securing his laptop after that.
another good way to get their attention is to replace all of their shortcuts (make sure to back them up first
though if they do make 5 core system you can always get a dual 5 core making it a 10 core system.....
that is of course not counting your gpu- which are going dual- pop 2 of those in and you will have 14 cores running mwahahaha
I have to admit- I do like toshibas still, to this day, but for now I am a lenovo guy- it has been treating me quite well.