My guess is that the judge did that to prevent damaging the owners prematurely, but did give the state the names.
It looks like he at least tried to balance the interests of the state and the owners, for now, especially as how there are further proceedings planned.
The owners did NOT participate in this case, and the judge wants to be careful not to damage someone who later might prevail.
It is possible that the statutory damages could be overturned as "excessive" by the appellate courts. They have ruled that punitive damages of hundreds ro thousands of times the compensatory award are unconstitutional before.
It's concievable that they will follow the same reasoning with the statutory damages too, although that is far from certain.
"The domain names' configurations shall otherwise remain unchanged."
So - the state is not permitted to use the siezure to shut down the sites.
What's also interesting is that the title of the case is Commonwealth of Kentucky v. 141 Domain Names.
In other words, they didn't sue the companies and owners, they are doing a "civil forfieture" type of case. Nobody affected by this case was notified or served process.
This case is going to be really fun to watch. You can bet that it's going to be removed to Federal Court very quickly.
If a really major player leaves the organization it is a major "no confidence" vote in the organization itself.
While the official standards are a great idea, a really big player or a consortium of them can easily just create defacto standards that will have a great chance in the real-world marketplace. This is doubly true if they actually make their standards truly open, as IBM seems to advocate.
I'd say that if companies that manufacture about 10% of the market leave ISO, then it is wounded. If it hits a number like 25%, then it's basically useless.
Also, large companies pay an obscene amount in yearly dues to be part of the standards bodies. Losing that cash will sting badly.
"Bubba" is a well-known euphamism for any big guy in prison. I guess some people just want to see the whole world through a prism of politcally correct bullshit.
To those my response is simple: kiss off.
Damn straight I am advocating for this criminal to pay a very heavy price for trying to derail a US election and invading the personal space of multiple peoople. If it were up to me, the hanging, drawing, and quartering would be televised.
Fascist? Nope, sorry, but I am a libertarian-leaning centrist. With freedom comes RESPONSIBILITY, and some things most certainly are wrong, evil, and deserve major punishment.
They might give the kid a partial immunity deal if he gives up someone in office or the Obama campaign.
It's been reported that his father is an ultra-liberal Democrat in state office - who does have some serious connections with the Obama campaign.
IF (big "if") there is any link to any campaign, then we have almost the exact same thing as Watergate going on here. This would then be the first "-gate" scandal since the original that actually deserves the name.
Can anyone say "what did they know and when did they know it?"
From the looks of the screenshots, it was used for personal and political communications.
This HAS to be done to avoid a charge of "misuse of state resources" - ie: doing "political activity" via public networks, which is illegal. Congressmen have gone to prison for doing just that.
Anyone in public office is required to use private systems for personal and political activity.
Indeed, here in Pittsburgh the Feds are prosecuting Cyril Wecht for using county phone/fax machines for his private side business.
What I've seen here is that Palin properly followed the demarcation line between "official business" which is done via official state systems, and "private communications" which may NOT be done via state systems.
It seems that the haters making all the noise here don't understand the difference between official and personal messages. Or maybe they are disappointed that she actually seems to have followed the law, and didn't give them the "gotcha" moment they crave.
As for the hacker, hopefully the Feds will give him a nice long stay in a real PMITA prison with a guy named Bubba.
All I saw in the screenshots posted up on Wired has been delivery acknowledgements, and stuff that looks political and personal.
It's illegal to use official accounts for personal and political use. All I can see so far is that she did what she was SUPPOSED to do - separate the official and unofficial traffic properly.
If the official account had been hacked with these messages in it, then the attack would have been misuse of State resources for political purposes.
Hacking the account of even a "nobody" is a pretty bad Federal felony. The officials are generally too busy with other things to really investigate it, but I'll bet this case has been pushed right to the very top of the stack.
SOMEONE will be doing serious PMITA time for this if they are in the USA. If not... well... they will be found here inside of 3 days.
The Feds are most assuredly not going to screw around on this hacking case.
nVidia has supported stereoscopic 3D for years with their Quadro line - and only the Quadro line. Everything else was pretty much deliberately forced to go into "fullscreen" mode.
I use a Quadro with shutter glasses for stereoscopic 3D video recording and playback, and they work really well. But it sure would be nice to be able to use a less-costly video card. My application doesn't do a bit of "rendering" but it does require showing 3D stereo in a window.
One step of a patent application is called "publishing" and it is where the application is publicly published.
This is done so that any interested party can challenge the application.
Patents are a deal between the public and the inventor that basically grants a few years of monopoly privileges to the invention in exchange for disclosing it into the public domain.
It sounds like poor-quality lithium batteries or possibly a defective charging circuit are to blame here.
Lithium batteries have a very high energy density due to the use of highly reactive lithium in metallic and/or ion forms. Overcharging or too-rapid discharge can easily overheat them and result in a fire or even an explosion in extreme cases.
If the quality control is not excellent, they can be incredibly dangerous.
This happens in a lot of businesses where development plus operations costs are greater than the revenues generated. Without enough incoming cash to go around, the development effort fails. Without a good development effort, the revenue increases fail. It becomes a really nasty Catch-22.
It's actually similar to building a consulting business to the point that office and sales staff is necessary. It's very difficult to grow fast enough to pay the overhead.
In a lot of businesses, it's necessary to either be very small and lean, or huge enough that the overhead is minimal in proportion to "productive" and "billable" efforts.
Being in the middle is the most dangerous place of all.
approach to fighting piracy. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)
(X) iTunes and other legitimate uses would be affected ( ) No one will be able to find the guy or collect the money ( ) It is defenseless against brute force attacks (X) It requires maintaining a subscription to it forever (X) Users of music will not put up with the necessary DRM (X) Apple will not put up with it ( ) The police will not put up with it (X) Requires too much cooperation from ISPs (X) Requires immediate total cooperation from everybody at once (X) Many lawyers can't afford to lose business ( ) Spammers don't care about invalid addresses in their lists ( ) Anyone could anonymously destroy anyone else's career or business
Specifically, your plan fails to account for
( ) Laws expressly prohibiting it (X) Lack of centrally controlling authority for music (X) Asshats (X) Jurisdictional problems (X) Unpopularity of weird new taxes ( ) Public reluctance to accept weird new forms of money (X) Huge existing software investment in MP3 (X) Susceptibility of DRM schemes to attack (X) Willingness of users to use only "Approved" players (X) Armies of worm riddled broadband-connected Windows boxes (X) Eternal arms race involved in all DRM approaches ( ) Extreme profitability of piracy ( ) Joe jobs and/or identity theft ( ) Technically illiterate politicians (X) Dishonesty on the part of RIAA themselves ( ) Bandwidth costs that are unaffected by client filtering (X) ISP filtering of P2P traffic (X) People hate paying over-and-over for the same thing (X) Non-participating copyright holders suing anyway (X) How to allocate the revenues to the acutal artists
and the following philosophical objections may also apply:
(X) Ideas similar to yours are easy to come up with, yet none have ever been shown practical ( ) Any scheme based on opt-out is unacceptable ( ) Media formats should not be the subject of legislation ( ) Blacklists suck ( ) Whitelists suck ( ) We should be able to talk about Viagra without being censored ( ) Countermeasures should not involve wire fraud or credit card fraud (X) Countermeasures should not involve sabotage of public networks (X) Countermeasures must work if phased in gradually ( ) All music should be free (X) Why should we have to trust you and your servers? (X) Incompatiblity with open source or open source licenses ( ) Feel-good measures do nothing to solve the problem (X) Temporary/one-time licenses are cumbersome ( ) I don't want the government reading my music preferences ( ) Killing them that way is not slow and painful enough
Furthermore, this is what I think about you:
(X) Sorry dude, but I don't think it would work. ( ) This is a stupid idea, and you're a stupid person for suggesting it. ( ) Nice try, assh0le! I'm going to find out where you live and burn your house down!
It looks like the judge made a pretty good call in this case. What he really rejected was the MTBA lawyers' assertion that it was an act prohibited by the law, and not exposing the agency's incompetence.
Really, bugs aren't fixed by just hiding them.
FTA:
MBTA said in documents filed with the court said that fixing the security flaws would take five months. ("Students have the ability to cause significant harm to the CharlieTicket system, during the roughly five-month window that remedial actions will require.")
Actually, the fact that they implemented a seriously flawed system is the problem, and the students' bringing it to light may suck for MBTA. The proper solution is for them to fix their system and, if necessary, sue the vendor for the costs.
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My guess is that the judge did that to prevent damaging the owners prematurely, but did give the state the names.
It looks like he at least tried to balance the interests of the state and the owners, for now, especially as how there are further proceedings planned.
The owners did NOT participate in this case, and the judge wants to be careful not to damage someone who later might prevail.
At least that's my guess for now.
Although Burger King may decide he's unqualified.
It is possible that the statutory damages could be overturned as "excessive" by the appellate courts. They have ruled that punitive damages of hundreds ro thousands of times the compensatory award are unconstitutional before.
It's concievable that they will follow the same reasoning with the statutory damages too, although that is far from certain.
The judge included this line in his order:
"The domain names' configurations shall otherwise remain unchanged."
So - the state is not permitted to use the siezure to shut down the sites.
What's also interesting is that the title of the case is Commonwealth of Kentucky v. 141 Domain Names.
In other words, they didn't sue the companies and owners, they are doing a "civil forfieture" type of case. Nobody affected by this case was notified or served process.
This case is going to be really fun to watch. You can bet that it's going to be removed to Federal Court very quickly.
I don't see any immediate demise of the ISO, either.
If a really major player leaves the organization it is a major "no confidence" vote in the organization itself.
While the official standards are a great idea, a really big player or a consortium of them can easily just create defacto standards that will have a great chance in the real-world marketplace. This is doubly true if they actually make their standards truly open, as IBM seems to advocate.
I'd say that if companies that manufacture about 10% of the market leave ISO, then it is wounded. If it hits a number like 25%, then it's basically useless.
Also, large companies pay an obscene amount in yearly dues to be part of the standards bodies. Losing that cash will sting badly.
What?
"Bubba" is a well-known euphamism for any big guy in prison. I guess some people just want to see the whole world through a prism of politcally correct bullshit.
To those my response is simple: kiss off.
Damn straight I am advocating for this criminal to pay a very heavy price for trying to derail a US election and invading the personal space of multiple peoople. If it were up to me, the hanging, drawing, and quartering would be televised.
Fascist? Nope, sorry, but I am a libertarian-leaning centrist. With freedom comes RESPONSIBILITY, and some things most certainly are wrong, evil, and deserve major punishment.
They might give the kid a partial immunity deal if he gives up someone in office or the Obama campaign.
It's been reported that his father is an ultra-liberal Democrat in state office - who does have some serious connections with the Obama campaign.
IF (big "if") there is any link to any campaign, then we have almost the exact same thing as Watergate going on here. This would then be the first "-gate" scandal since the original that actually deserves the name.
Can anyone say "what did they know and when did they know it?"
From the looks of the screenshots, it was used for personal and political communications.
This HAS to be done to avoid a charge of "misuse of state resources" - ie: doing "political activity" via public networks, which is illegal. Congressmen have gone to prison for doing just that.
Anyone in public office is required to use private systems for personal and political activity.
Indeed, here in Pittsburgh the Feds are prosecuting Cyril Wecht for using county phone/fax machines for his private side business.
What I've seen here is that Palin properly followed the demarcation line between "official business" which is done via official state systems, and "private communications" which may NOT be done via state systems.
It seems that the haters making all the noise here don't understand the difference between official and personal messages. Or maybe they are disappointed that she actually seems to have followed the law, and didn't give them the "gotcha" moment they crave.
As for the hacker, hopefully the Feds will give him a nice long stay in a real PMITA prison with a guy named Bubba.
All I saw in the screenshots posted up on Wired has been delivery acknowledgements, and stuff that looks political and personal.
It's illegal to use official accounts for personal and political use. All I can see so far is that she did what she was SUPPOSED to do - separate the official and unofficial traffic properly.
If the official account had been hacked with these messages in it, then the attack would have been misuse of State resources for political purposes.
Outside of the US, there is a non-zero possibility that the issue will be handled by a stealth plane dropping a bomb on a house.
Hacking the account of even a "nobody" is a pretty bad Federal felony. The officials are generally too busy with other things to really investigate it, but I'll bet this case has been pushed right to the very top of the stack.
SOMEONE will be doing serious PMITA time for this if they are in the USA. If not... well... they will be found here inside of 3 days.
The Feds are most assuredly not going to screw around on this hacking case.
nVidia has supported stereoscopic 3D for years with their Quadro line - and only the Quadro line. Everything else was pretty much deliberately forced to go into "fullscreen" mode.
I use a Quadro with shutter glasses for stereoscopic 3D video recording and playback, and they work really well. But it sure would be nice to be able to use a less-costly video card. My application doesn't do a bit of "rendering" but it does require showing 3D stereo in a window.
Someone is getting fired, and Asus is going to be getting sued.
One step of a patent application is called "publishing" and it is where the application is publicly published.
This is done so that any interested party can challenge the application.
Patents are a deal between the public and the inventor that basically grants a few years of monopoly privileges to the invention in exchange for disclosing it into the public domain.
A secret patent doesn't meet those goals.
It's been known for thousands of years that steel becomes soft and easily worked at high temperatures.
That's why blacksmiths always heat the iron orange-hot when making horseshoes. It's a lot easier to bend and form.
No the black hole will give you Goatse.
...if they had been raised correctly, he would not have faced a baseball bat, but Hanging, Drawing, and Quartering in a cornfield someplace.
Rope... check.
4WD Truck... check.
Knife... check.
Bonfire... check.
Shovel... check.
Lime.... check.
Even if it is a total fake.
It sounds like poor-quality lithium batteries or possibly a defective charging circuit are to blame here.
Lithium batteries have a very high energy density due to the use of highly reactive lithium in metallic and/or ion forms. Overcharging or too-rapid discharge can easily overheat them and result in a fire or even an explosion in extreme cases.
If the quality control is not excellent, they can be incredibly dangerous.
...and someone will just make a better idiot.
This happens in a lot of businesses where development plus operations costs are greater than the revenues generated. Without enough incoming cash to go around, the development effort fails. Without a good development effort, the revenue increases fail. It becomes a really nasty Catch-22.
It's actually similar to building a consulting business to the point that office and sales staff is necessary. It's very difficult to grow fast enough to pay the overhead.
In a lot of businesses, it's necessary to either be very small and lean, or huge enough that the overhead is minimal in proportion to "productive" and "billable" efforts.
Being in the middle is the most dangerous place of all.
Replacing all of the cards should be a minimal cost compared to, say, paying for one day's worth of fuel or employee health insurance.
The idea advocates a
(X) technical ( ) legislative (X) market-based ( ) vigilante
approach to fighting piracy. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)
(X) iTunes and other legitimate uses would be affected
( ) No one will be able to find the guy or collect the money
( ) It is defenseless against brute force attacks
(X) It requires maintaining a subscription to it forever
(X) Users of music will not put up with the necessary DRM
(X) Apple will not put up with it
( ) The police will not put up with it
(X) Requires too much cooperation from ISPs
(X) Requires immediate total cooperation from everybody at once
(X) Many lawyers can't afford to lose business
( ) Spammers don't care about invalid addresses in their lists
( ) Anyone could anonymously destroy anyone else's career or business
Specifically, your plan fails to account for
( ) Laws expressly prohibiting it
(X) Lack of centrally controlling authority for music
(X) Asshats
(X) Jurisdictional problems
(X) Unpopularity of weird new taxes
( ) Public reluctance to accept weird new forms of money
(X) Huge existing software investment in MP3
(X) Susceptibility of DRM schemes to attack
(X) Willingness of users to use only "Approved" players
(X) Armies of worm riddled broadband-connected Windows boxes
(X) Eternal arms race involved in all DRM approaches
( ) Extreme profitability of piracy
( ) Joe jobs and/or identity theft
( ) Technically illiterate politicians
(X) Dishonesty on the part of RIAA themselves
( ) Bandwidth costs that are unaffected by client filtering
(X) ISP filtering of P2P traffic
(X) People hate paying over-and-over for the same thing
(X) Non-participating copyright holders suing anyway
(X) How to allocate the revenues to the acutal artists
and the following philosophical objections may also apply:
(X) Ideas similar to yours are easy to come up with, yet none have ever
been shown practical
( ) Any scheme based on opt-out is unacceptable
( ) Media formats should not be the subject of legislation
( ) Blacklists suck
( ) Whitelists suck
( ) We should be able to talk about Viagra without being censored
( ) Countermeasures should not involve wire fraud or credit card fraud
(X) Countermeasures should not involve sabotage of public networks
(X) Countermeasures must work if phased in gradually
( ) All music should be free
(X) Why should we have to trust you and your servers?
(X) Incompatiblity with open source or open source licenses
( ) Feel-good measures do nothing to solve the problem
(X) Temporary/one-time licenses are cumbersome
( ) I don't want the government reading my music preferences
( ) Killing them that way is not slow and painful enough
Furthermore, this is what I think about you:
(X) Sorry dude, but I don't think it would work.
( ) This is a stupid idea, and you're a stupid person for suggesting it.
( ) Nice try, assh0le! I'm going to find out where you live and burn your
house down!
It looks like the judge made a pretty good call in this case. What he really rejected was the MTBA lawyers' assertion that it was an act prohibited by the law, and not exposing the agency's incompetence.
Really, bugs aren't fixed by just hiding them.
FTA:
MBTA said in documents filed with the court said that fixing the security flaws would take five months. ("Students have the ability to cause significant harm to the CharlieTicket system, during the roughly five-month window that remedial actions will require.")
Actually, the fact that they implemented a seriously flawed system is the problem, and the students' bringing it to light may suck for MBTA. The proper solution is for them to fix their system and, if necessary, sue the vendor for the costs.