Thanks for calling me on that, you're right and I was under a misunderstanding of libel laws. Even still, the fact that the company only talked about this to the individual person with emails eliminates any libel problems with this particular case. As well, I'd imagine the company was acting in good faith, if stupidity.
You're right, depending on their contract. Sorry I come from the idea that all contracts contain "We can cancel this crap for whatever reason we want." Or more specifically "We can cancel this crap if you can't prove you have the rights you say you do."
I thought you were saying they lost the DMCA safe harbor protection involving copyright claims of others. You're right that they have no DMCA protections on canceling their contract.
You can't lose DMCA safe harbor by acting proactively, meaning you can censor whatever you want. You can only lose it by not acting when needed. Despite that, the ISP are idiots.
There's no mention of a DMCA complaint, the ISP just decided to say "prove it or fuck off." That causes no static with the DMCA safe harbor provision, if anything the safe harbor provision says ISPs that know of infringing content are liable.
All that said, the ISP is still a bunch of idiots, if law-abiding idiots.
There is no legal wrong done by an ISP ending a contract it has the right to end, as most do. This includes any financial damages a party may suffer due to it's ISP ending their contract.
The idea that libel applies to something about a party written to that party in an email is ludicrous. To put it another way, you can say anything you want to someone to their face in a forum that they can reply to: You're a fat, pus filled, copyright violating idiot!
Anyway, I'm not saying what the ISP did to his friend was right or wrong, or that the laws are right or wrong. If a contract says they can, anything an ISP finds that they object to in any way can be pulled down. This has nothing to do with the DMCA's safe harbor provisions, which was what the AC was talking about.
Your friend should go read the OCILLA section of the DMCA. There is nothing there against being proactive, and if anything, an ISP that independently discovers infringing behavior is liable if it does not end the infringing behavior. The only way being proactive can get an ISP in trouble is if it allows the ISP to end a contract on a bogus reason not supported by the contract.
Skepticism doesn't work that way, we don't blindly accept every study shouted on Slashdot, and the more outrageous it sounds at first glance, the more combed over it'd have to be for us to truly accept it. Its a healthy reaction of Joe public, otherwise everyone would be shouting from the rooftops about MOND or whatever new piece of popular science recently fell down our hole.
That game would be scarier if you could figure out what to do easier. Even still, the running from the hotel room and the ship level were pretty damn awesome.
Mainly because those earmarks and riders contain the negotiation that got the bill to the floor/passed. Vetoing some and passing the rest would nullify the reason some voted. Still, I agree with you that stuff is wrong, line-item veto is just a bad solution. Best congress gets its rules in order, but good luck making the American people give two shits about that. Most don't even know who their district's main challenger for the rep seat is(at least in my part of maryland, where everyone talks about the presidential election like their vote will count and knows nothing about the rep election).
(200.00 *.10 [10% estimate iphones damaged and needs to be replaced and data repopoulated)]) 20.00 = 47.90
Apple wouldn't replace your phone if its broken when you send for it to get its battery replaced and it is out of warranty(this service is out of warranty repair), they'd just say "your phone is broken".
(1 lost sale per hour at apple store doing the fix.... for taking to long and lack of employee (aka oppertunity cost)... $400 (average purcase amount est) / 12 (hour days)) 20.00 = $27.38
Techs perform this work, not salespeople.
(Future oppertunity loss from issue $500 yearly estimate in apple purchase *.1 (1 one of 10 future buying decision will be based on this problem) *.5 (Half wouldnt be return customers anyway)) 25.00 = $2.38 Profit.
Thas nothing to do with the battery repair and more to do with QA and design.
Even with your idiotic numbers the profit would be over 65 dollars. One thing to note, however, is no battery would cost only 12 dollars.
To be more clear on spazdor's point, an individual shouldn't be able to actively violate your privacy in order to find wrongdoing without previous cause any more than the government should. This guy wasn't a whistle blower.
Wow, did you totally misunderstand the meaning of nesting? He wasn't replying to you, the grandparent, but to the parent who said "I refuse to trust any website registered by proxy. As long as groklaw and PJ continue to be anonymous, the rumor that IBM owns and operates groklaw will continue to gain traction."
Yeah, large countries like to waste money. I'm sure sending the guy up there will be as great an investment for China as bailing out the corps is for America.
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Thanks for calling me on that, you're right and I was under a misunderstanding of libel laws. Even still, the fact that the company only talked about this to the individual person with emails eliminates any libel problems with this particular case. As well, I'd imagine the company was acting in good faith, if stupidity.
You're right, depending on their contract. Sorry I come from the idea that all contracts contain "We can cancel this crap for whatever reason we want." Or more specifically "We can cancel this crap if you can't prove you have the rights you say you do."
I thought you were saying they lost the DMCA safe harbor protection involving copyright claims of others. You're right that they have no DMCA protections on canceling their contract.
You can't lose DMCA safe harbor by acting proactively, meaning you can censor whatever you want. You can only lose it by not acting when needed. Despite that, the ISP are idiots.
You aren't if sings point to you knowing about the stuff and thinking its infringing.
There's no mention of a DMCA complaint, the ISP just decided to say "prove it or fuck off." That causes no static with the DMCA safe harbor provision, if anything the safe harbor provision says ISPs that know of infringing content are liable.
All that said, the ISP is still a bunch of idiots, if law-abiding idiots.
That picture makes the live help look like some sort of phone sex service. I might have to go in and ask them to tell me I'm naughty.
Go back to sleep. It said "And some people say the copyright system works." It was using this as proof that those people are stupid.
There is no legal wrong done by an ISP ending a contract it has the right to end, as most do. This includes any financial damages a party may suffer due to it's ISP ending their contract.
The idea that libel applies to something about a party written to that party in an email is ludicrous. To put it another way, you can say anything you want to someone to their face in a forum that they can reply to: You're a fat, pus filled, copyright violating idiot!
Anyway, I'm not saying what the ISP did to his friend was right or wrong, or that the laws are right or wrong. If a contract says they can, anything an ISP finds that they object to in any way can be pulled down. This has nothing to do with the DMCA's safe harbor provisions, which was what the AC was talking about.
Your friend should go read the OCILLA section of the DMCA. There is nothing there against being proactive, and if anything, an ISP that independently discovers infringing behavior is liable if it does not end the infringing behavior. The only way being proactive can get an ISP in trouble is if it allows the ISP to end a contract on a bogus reason not supported by the contract.
Skepticism doesn't work that way, we don't blindly accept every study shouted on Slashdot, and the more outrageous it sounds at first glance, the more combed over it'd have to be for us to truly accept it. Its a healthy reaction of Joe public, otherwise everyone would be shouting from the rooftops about MOND or whatever new piece of popular science recently fell down our hole.
I forgot to mention, the shoggoth was pretty boss as well.
That game would be scarier if you could figure out what to do easier. Even still, the running from the hotel room and the ship level were pretty damn awesome.
On the subject of patent trolls, Blackboard fits this, despite being such a horrible piece of crap.
Mainly because those earmarks and riders contain the negotiation that got the bill to the floor/passed. Vetoing some and passing the rest would nullify the reason some voted. Still, I agree with you that stuff is wrong, line-item veto is just a bad solution. Best congress gets its rules in order, but good luck making the American people give two shits about that. Most don't even know who their district's main challenger for the rep seat is(at least in my part of maryland, where everyone talks about the presidential election like their vote will count and knows nothing about the rep election).
That would be a valid argument for the BSD license, not the GPL.
(200.00 * .10 [10% estimate iphones damaged and needs to be replaced and data repopoulated)]) 20.00 = 47.90
Apple wouldn't replace your phone if its broken when you send for it to get its battery replaced and it is out of warranty(this service is out of warranty repair), they'd just say "your phone is broken".
(1 lost sale per hour at apple store doing the fix.... for taking to long and lack of employee (aka oppertunity cost)... $400 (average purcase amount est) / 12 (hour days)) 20.00 = $27.38
Techs perform this work, not salespeople.
(Future oppertunity loss from issue $500 yearly estimate in apple purchase * .1 (1 one of 10 future buying decision will be based on this problem) * .5 (Half wouldnt be return customers anyway)) 25.00 = $2.38 Profit.
Thas nothing to do with the battery repair and more to do with QA and design.
Even with your idiotic numbers the profit would be over 65 dollars. One thing to note, however, is no battery would cost only 12 dollars.
To be more clear on spazdor's point, an individual shouldn't be able to actively violate your privacy in order to find wrongdoing without previous cause any more than the government should. This guy wasn't a whistle blower.
Just turn on the tap and stick your head under it, if you want generic HeadOn. Its just homeopathic garbage.
Works well for the Nintendo DS.
I would like to counterpoint that I don't believe in your mind, and this post was never posted. It just was.
Hey, its slashdot, what do you expect!
Wow, did you totally misunderstand the meaning of nesting? He wasn't replying to you, the grandparent, but to the parent who said "I refuse to trust any website registered by proxy. As long as groklaw and PJ continue to be anonymous, the rumor that IBM owns and operates groklaw will continue to gain traction."
I live in Fredneck Maryland and all the women in my family WONT vote for McCain because of Palin.
Chicago's government was sold a long time ago.
Yeah, large countries like to waste money. I'm sure sending the guy up there will be as great an investment for China as bailing out the corps is for America.