I (gasp!) rtfpdf (thanks for the link), and it seems to me this judge simply lost control over proceedings and got pissed at himself:
The jury found for the plaintiffs but the verdict was set aside by this Court's order
granting the Rule 50(b) motion. Mem. Op. and Order, Feb. 24, 2006 [doc. 545]. The
premises of that order were for the most part the same as those presented in the
defendants' motions for summary judgment. In retrospect [my emphasis], those motions should have
been granted, saving BrainLAB the cost of a 13-day jury trial. In setting aside the jury's
verdict, this Court found that misleading trial tactics by the MWE lawyers. And later:
When cross-examining Mr. Vilsmeier, Mr. McMahon (in response to objections) represented
that BrainLAB's FDA letter was not going to be used for the purpose of making
product-to-product comparisons. Tr. at 1925:19 - 1926:18. On this issue, the parameters
had been established. Counsel were obligated to observe the court's admonitions and to
comply with their own representations to the Court.
and should be ditched immediately. It's insecure and slow. We should all go back to remembering the dot-quads of the sites we know are safe, the way it was in the good old days.
is did Comcast inform every customer in writing that they were changing the ToS/AUP?
A previous discussion and reference http://yro.slashdot.org/yro/07/07/29/1747205.shtml
seems to imply that's a no-no and a breach of contract if they did not.
Reading other comments I get a depressing impression of isolationism and self-protection - "If I document what I know maybe people will see I'm not such a hot-shot after all and I'll get replaced by...."
That said, I agree with this writer; we are a small ISP with a great team who all pull together, but unfortunately the desire to advance one's career inevitably leads to personnel churn. Our solution was to use
MyBB on our staff-only web site. OK, this may not strictly be wiki but it nicely fills the need.
I stress - we are a small organization - this may not work in the environment where suspicion and ego holds sway.
I tested Vista when it first came out and have played around with my friends, however I have refused to use it. I support Mac and XP and Linux. Well, I guess life in your Ivory Tower must be totally idyllic; you have no user problems to cope with, or you have absolute control over which O/S they can use. Face up to it! Unless any of the above two suppositions are correct, You will have to support it eventually!
in an episode of CSI Miami, IIRC. The perp volunteered a DNA swab of his cheek, knowing that a transplant had altered his blood, and there would therefore be no match to the crime scene evidence.
First, let me say I have absolutely zero tolerance for anyone who drives with any level of alcohol in their bloodstream, but what surprises me more than a hypothetical 'bug' in the device is that I am not aware of anyone who has ever challenged its accuracy; "Does this device have a Certificate of Calibration, and if so, when was calibration last performed?" "If it does not have a certificate, or calibration was not performed in [insert time frame], then its results must of necessity be ruled suspect." "Have a nice day, officer."
I wonder who wrote the UPnP spec - perhaps they are the ones at fault? (*cough*BILL GATES' University of chair-throwing throwers*cough*)
I don't think the issue is the spec, it's the asinine cute features that M$ decided to implement. Like UPnP, BHO, etc etc. Maybe we should follow Apple's example, and eliminate all vulnerabilities by disabling the TCP/IP stack?
There are a few responsible ISP's - the one I work for included.
We run tail -f scripts on all our logs 24/7 and at the first hint of malware we disconnect the user, suspend the account and phone the infected client. If there is no response, we fire off snail-mail to them, but generally we get a "why can't I connect to the internet" callback pdq.
Don't kill the messenger - it's crappy OS/s, indifference, and poor user education, not the ISP.
"1. Citizens of this country pay taxes to fund the military, police, fire, ambulance, and other services that ensure the safety of the companies that are based here."
Actually, I'm a non-citizen with permanent residency (a 'Green Card' which is neither green....but that's another story) who pays State and Federal taxes; my withholdings also include Social Security and Medicare, despite the fact that I will never see a cent in benefits from those programs, but just like Joe Citizen I pay for the aforementioned Institutions.
A little background: when I worked for an Immense Business Conglomerate (between 1969 and 1997) they would bring me to this country, have me work alongside equally-qualified US-citizen employees, and pay me between 15% and 25% less than them. Now, I didn't leave my degrees at the border - they were mine and no-one could take them away, so I find it rather ironic that in the current outsourcing environment, outrage can be generated by this story.
I am a grandfather whose 6-y/o grandson loves WoW, and although he can't read or write much yet, seems to be fairly effective in his game-playing. He plays with his dad's headset, but as he has not felt the need to ask to be included on their TeamSpeak channel, he just listens to the sound effects, but I can't help but wonder if his gaming experience would be enhanced by be able to talk to other players? Big drawback? Exposure to adult language, which although he may not fully comprehend, I don't think would be justified. Incidentally, my first WoW character was and is a NE Priestess, and initially I would get hit on a lot. Strange thing is, when I joined a mature guild the innate prejudices which other threads have commented on disappeared. It was accepted that I was a mature male doing what the game suggests: roleplaying. I also run a text-only MUD with my wife, and we both agree we can make better pictures in our heads than we can ever get from these "graphical upstarts".
Accuracy: Clouseau is fully effective at forensically discriminating
between legal and illegal P2P traffic with no false positives (i.e.,
identifying another protocol as the targeted protocol) whether encrypted or
not. It prohibits sending and receiving all illegal P2P files, and prevents
the flow of copyrighted digital files from legal Internet services, DVDs and
CDs to P2P networks where they are totally accessible to millions of users to
pirate.
Is it just me, or is this meaningless drivel, designed to impress?
And while we are clarifying... One of the statements attributed to OU reads
Students who do want to use P2P for legal purposes have to call their IT department and "provide detailed information about the software you wish to use and your purposes for using it."
IANAL, but I have had occasion to research the subject for my role as Tech Support for an ISP, and Nolo is of the opinion that
(page 2)
Under the DMCA, to avoid liability the ISP must:
* not obtain financial benefit from the infringement
* not have actual knowledge or awareness of facts indicating infringing transmissions
* upon learning of an infringing transmission, act quickly to remove or disable access to the
infringing transmission, and
* implement a policy of terminating the accounts of subscribers who are repeat infringers
If the above is true, OU seem to be running the risk of leaving themselves liable.
|The spammers are chinese, and the chinese have a reputation of "not giving a fuck", so I have no idea how you expect the BSA to fix things.
Not necessarily, but with the current registration system, it takes muscle to find out who is really behind it.
whois gold4power.com
Registrant:
Domains by Proxy, Inc.
Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Administrative Contact:
Private, Registration GOLD4POWER.COM@domainsbyproxy.com
Technical Contact:
Private, Registration GOLD4POWER.COM@domainsbyproxy.com
Slashdot Mirror
The jury found for the plaintiffs but the verdict was set aside by this Court's order granting the Rule 50(b) motion. Mem. Op. and Order, Feb. 24, 2006 [doc. 545]. The premises of that order were for the most part the same as those presented in the defendants' motions for summary judgment. In retrospect [my emphasis], those motions should have been granted, saving BrainLAB the cost of a 13-day jury trial. In setting aside the jury's verdict, this Court found that misleading trial tactics by the MWE lawyers. And later: When cross-examining Mr. Vilsmeier, Mr. McMahon (in response to objections) represented that BrainLAB's FDA letter was not going to be used for the purpose of making product-to-product comparisons. Tr. at 1925:19 - 1926:18. On this issue, the parameters had been established. Counsel were obligated to observe the court's admonitions and to comply with their own representations to the Court.
and should be ditched immediately. It's insecure and slow. We should all go back to remembering the dot-quads of the sites we know are safe, the way it was in the good old days.
is did Comcast inform every customer in writing that they were changing the ToS/AUP?
A previous discussion and reference
http://yro.slashdot.org/yro/07/07/29/1747205.shtml
seems to imply that's a no-no and a breach of contract if they did not.
Researchers have proved that the secret to longevity is to continue to live without dying.
Reading other comments I get a depressing impression of isolationism and self-protection - "If I document what I know maybe people will see I'm not such a hot-shot after all and I'll get replaced by ...."
That said, I agree with this writer; we are a small ISP with a great team who all pull together, but unfortunately the desire to advance one's career inevitably leads to personnel churn. Our solution was to use MyBB on our staff-only web site. OK, this may not strictly be wiki but it nicely fills the need. I stress - we are a small organization - this may not work in the environment where suspicion and ego holds sway.
in an episode of CSI Miami, IIRC. The perp volunteered a DNA swab of his cheek, knowing that a transplant had altered his blood, and there would therefore be no match to the crime scene evidence.
to not trust MS to secure a horse to a hitching rail?
Am I alone in not trusting MS to secure a horse to a hitching rail?
In Soviet Russia all your mp3's are belong us.
First, let me say I have absolutely zero tolerance for anyone who drives with any level of alcohol in their bloodstream, but what surprises me more than a hypothetical 'bug' in the device is that I am not aware of anyone who has ever challenged its accuracy;
"Does this device have a Certificate of Calibration, and if so, when was calibration last performed?"
"If it does not have a certificate, or calibration was not performed in [insert time frame], then its results must of necessity be ruled suspect."
"Have a nice day, officer."
I don't think the issue is the spec, it's the asinine cute features that M$ decided to implement. Like UPnP, BHO, etc etc. Maybe we should follow Apple's example, and eliminate all vulnerabilities by disabling the TCP/IP stack?
There are a few responsible ISP's - the one I work for included.
We run tail -f scripts on all our logs 24/7 and at the first hint of malware we disconnect the user, suspend the account and phone the infected client. If there is no response, we fire off snail-mail to them, but generally we get a "why can't I connect to the internet" callback pdq.
Don't kill the messenger - it's crappy OS/s, indifference, and poor user education, not the ISP.
Actually, I'm a non-citizen with permanent residency (a 'Green Card' which is neither green....but that's another story) who pays State and Federal taxes; my withholdings also include Social Security and Medicare, despite the fact that I will never see a cent in benefits from those programs, but just like Joe Citizen I pay for the aforementioned Institutions.
A little background: when I worked for an Immense Business Conglomerate (between 1969 and 1997) they would bring me to this country, have me work alongside equally-qualified US-citizen employees, and pay me between 15% and 25% less than them. Now, I didn't leave my degrees at the border - they were mine and no-one could take them away, so I find it rather ironic that in the current outsourcing environment, outrage can be generated by this story.
Nothing to see here, please move along.
I am a grandfather whose 6-y/o grandson loves WoW, and although he can't read or write much yet, seems to be fairly effective in his game-playing. He plays with his dad's headset, but as he has not felt the need to ask to be included on their TeamSpeak channel, he just listens to the sound effects, but I can't help but wonder if his gaming experience would be enhanced by be able to talk to other players? Big drawback? Exposure to adult language, which although he may not fully comprehend, I don't think would be justified. Incidentally, my first WoW character was and is a NE Priestess, and initially I would get hit on a lot. Strange thing is, when I joined a mature guild the innate prejudices which other threads have commented on disappeared. It was accepted that I was a mature male doing what the game suggests: roleplaying. I also run a text-only MUD with my wife, and we both agree we can make better pictures in our heads than we can ever get from these "graphical upstarts".
He said, she said. Handbags at dawn. Ho-hum.
Accuracy: Clouseau is fully effective at forensically discriminating between legal and illegal P2P traffic with no false positives (i.e., identifying another protocol as the targeted protocol) whether encrypted or not. It prohibits sending and receiving all illegal P2P files, and prevents the flow of copyrighted digital files from legal Internet services, DVDs and CDs to P2P networks where they are totally accessible to millions of users to pirate.
Is it just me, or is this meaningless drivel, designed to impress?
And while we are clarifying...
One of the statements attributed to OU reads
Students who do want to use P2P for legal purposes have to call their IT department and "provide detailed information about the software you wish to use and your purposes for using it."
IANAL, but I have had occasion to research the subject for my role as Tech Support for an ISP, and
Nolo is of the opinion that
(page 2)
Under the DMCA, to avoid liability the ISP must:
* not obtain financial benefit from the infringement
* not have actual knowledge or awareness of facts indicating infringing transmissions
* upon learning of an infringing transmission, act quickly to remove or disable access to the
infringing transmission, and
* implement a policy of terminating the accounts of subscribers who are repeat infringers
If the above is true, OU seem to be running the risk of leaving themselves liable.
Not necessarily, but with the current registration system, it takes muscle to find out who is really behind it.
whois gold4power.com
Registrant: Domains by Proxy, Inc.
Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Administrative Contact:
Private, Registration GOLD4POWER.COM@domainsbyproxy.com
Technical Contact:
Private, Registration GOLD4POWER.COM@domainsbyproxy.com