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User: hawk

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  1. Lawyer: counter for trespass on Can I See Your License for those Plants, Sir? · · Score: 5
    I am a lawyer, but this is not legal advice. If you need legal advice, consult an attorney licensed in your jurisdiction.


    It is certainly withing the police power of the state to place an obligation not to use the seeds upon the farmer, even if they blow there. *However*, if these seeds are waste of such a type, which imposes an obligation to act upon the farmer, then the entry of the seed onto his property was a tresspass, for which he is entitled to damages--includeing the cost of removing them, lost profits from not being able to use the contaminated portion of his land, etc.


    hawk, esq.

  2. marketing, the show, and ibm on OS/390 Replaced By z/OS · · Score: 2
    > Marketing should not run the show.


    Ironic way to end a post in a thread about an IBM release . . .


    I don't know how it functions now, but historically, IBM has been a sales force with a staggering research unit. It is sales and marketing that drove the system, with the tech units there to provide what would be sold.


    IF they wanted to sell ice to eskimoes, they'd write the contract for ice stable at 40F, and the tech guys would come up with it . . .


    Then along came competition . . .


    hawk

  3. Re:Who cares? on OS/390 Replaced By z/OS · · Score: 4
    > man, does everyone have to dis marketing people? They serve an
    > important part of any business


    They could also serve as a valuable source of emergency protein during famines.


    :)


    hawk

  4. Or as a scoring system on Canadian TV Now V-Chip Ready · · Score: 2

    If it scored by your criteria, you could get the programs you are more likely to watch early in the listings, and not have to wade through dozens of screens hunting . . .

  5. More importantly, the B-chip on Canadian TV Now V-Chip Ready · · Score: 2
    I just can't get it through to my wife to be careful about this. I need something to blank out that vapid, evil purple dinosour!


    *Both* Mr. Rogers and Captain Kangaroo have condemned it as being bad for children and devoid of content. OK, maybe it has a bit of political indoctrination, but that's hardly something I want my kids exposed to. The creator is *proud* and *boasts* that there is *nothing* in there for anyone over four . . .


    hawk

  6. memory, damnit on AMD Challenges P4 With 1.33Ghz · · Score: 2

    I'm trying to order a workstation. Once I found systems that have a 1.2G athlong and ddr ram, I couldn't find any with for DIMM slots! The closest I could find was 3, and only one of those, iirc. grr.

  7. 95% ??? on Linux Promises, Apple Delivers · · Score: 2
    > There once was a time when IBM owned 95% of the desktop market.


    uh, no. Never. Not even for a single quarter.


    IBM dominated, for a brief period, "PC compatibles". But at the time the pc had not been cloned, apple still had *staggering* market share, radio shack was significant (but dwindling), and *plenty* of 8 bit machines and prorprietary machines. Aple held on to at least 10% even into the mid 90's.


    however, the point that things change quickly is true--the os, wp, and spreadsheet monopolies are "contestable" monolies, and ms got them by contesting them from the predecessors--os from cpm, wp from wordperfect who in turn took it from wordstar, and excel from lotus.


    I don't know what the dominant wp and spreadsheet will be 10 years from now, but history says it won't be word and excel (though they mihgt be somethign else from ms).


    hawk

  8. did they? on Bush Won't Be "The Online President" · · Score: 2
    did they actually recover the keys? I hadn't heard that.


    I was amused, especially when I wondered how they were going to spell illiam J Clinton after remving the keys . . .


    hawk, who once found a keycap in the hallway outside an office. It was, of course, the "Esc" key, which was apparently taking itself a bit too seriously . . .

  9. but how to do it . . . on Broadband From On High But Not In Orbit · · Score: 1
    Lessee, you'll need a whole bunch of computational power to figure out where to split the moon. No problem! Put up a bunch of these planes and have a Boeingwolf!


    :)


    hawk

  10. Don't count out the zepplins & blimps . . . on Broadband From On High But Not In Orbit · · Score: 2
    In the late '80s, the US Navy followed soviet subs by sending out P3's to follow each one. THe standard tour was 12 hours (they brought 3 pilots, one of whom was supposed to be asleep at any moment), with a maximum time on station of 16 hours.


    This is expensive. THey were moving forward with a new line of blimps (though they might have been zepplins (sp), as they could put these on station for a week at a time. A beautiful solution, but then the Soviets folded and there was no point . . .


    It also would have provided a use for the Strategic Helium Reserve. We keep it for the navy's blimps, even though they haven't had them for over 50 years . . .


    hawk

  11. explaining the joke on Bush Won't Be "The Online President" · · Score: 2

    Before leaving the white house, many childish aides in the last administration removed the "W" keys from the computer keyboards.

  12. British "victory" in 1812??? on Slashback: Franklin, Head-Mounting, Timing · · Score: 2
    Uh, what in the world do you mean by that? *we* got what we claimed we were at war over--an end to impressment of American sailors by the Royal Navy. The northern border was also drawn in a way so that it could be found. . .


    The *only* sense in that the war can be seen as a british victory is in that they managed to negotiate the Treaty of Paris a week or two before their last military force was demolished, avoiding the cession of Canada . . . (which is what we *wanted* from the war, in addition to our declared purpose--or were our troops that went that way just lost ? :)


    I'll leave the other errors about Franklin to othe posters, save that as a 10th child, he was hardly part of the landed gentry, and instead made his own fortune.


    hawk

  13. Re:Patent links on NCR Claims Palm Infringes As "Personal Terminal" · · Score: 2
    > Really I would like to see a link on that one.


    I thought the reality of tricorders was common knowledge . . . why else whould Spock use them so openly? :)


    I wish I'd kept the link for the ping-pong balls . . .

  14. Re:Star Wars is too late. on NCR Claims Palm Infringes As "Personal Terminal" · · Score: 2

    Because there's prior art before star wars :)

  15. Lawyer: no, that's wrong on NCR Claims Palm Infringes As "Personal Terminal" · · Score: 3
    I am a lawyer, but this is not legal advice. If you need legal advice, ocntact an attornye licensed in your jurisdiction.


    Federal rules require a jury to be demanded at every stage, or it is waived. This doesn't mean that they want a jury, just that they aren't ready to be precluded from the possibility.


    hawk, esq.

  16. Re:Patent links on NCR Claims Palm Infringes As "Personal Terminal" · · Score: 2
    It doesn't have to be real. The use of ping-pong balls in a Disney comic was used successfully as prior art . . .


    ANd even if that were so, tricorders are real :)


    while I'm at it, this patent is running out of time, anyway . . .

  17. Star Wars is too late. on NCR Claims Palm Infringes As "Personal Terminal" · · Score: 2
    The first thing that comes to mind is the tricorder . . . I'd expect you could find something from Dick Tracy, too. Then there's the portable personal computers in Asimov, the "comm units" in damn near everything from the 70's, the jaw implants in Oath of Fealty . . .


    not to mention the fact that these would only seem to apply to a palm with specific software to handle transactions . . .

  18. Re:This goes to show on Spammers Face Jail Time · · Score: 2
    > All grass roots effort, and all without any new laws.


    Well, there is the one about keeping the civil courts open on weekends . . . :)


    hawk

  19. Lawyer: they won't do that much (if any) time on Spammers Face Jail Time · · Score: 3
    I am a lawyer, but this is not legal advice. If you need legal advice, contact an attorney licensed in your jurisdiction.



    That is the *maximum* they can face on these charges. *Any* felony is punishable by a year or more in jail (2 yr minimum in some states). The criminal charge covers all crimes of that type, and has a sentencing range. It's much more likely that these guys get a much shorter sentence, or no incarceration at all. My guess would be probabtion including a month or two in the county jail rather than a priison sentence.


    hawk, esq.

  20. Re:Yes, incredibly bad journalism on Sophomore Uses List Context; Cops Interrogate · · Score: 2
    > Actually, would the police bother with their time if they found the
    > same line on a piece of paper in the principal's office?


    A) That begs the question of why the police are in the principal's office. The school called the police; this wasn't something they started with on their own,.


    B) If there had been a rash of principals sneaking guns into schools and shooting people, I would expect so.


    hawk

  21. Re:"censorship" of shool newspapers on Sophomore Uses List Context; Cops Interrogate · · Score: 2
    The first amendment censorship cases come from public schools, not private schools.


    A private school is another story, and in this case "censorship" is about conduct.

  22. Re:Lawyer: the historical context on Sophomore Uses List Context; Cops Interrogate · · Score: 2
    LOL. But he was far too narrow in focus :)


    It's actually one of the advantages of a small campus like this--I teach in four different departments, and in all three disciplines where I hold doctorates . . .


    Did they ever make any more of his movies, or just the one?

  23. Re:Confused from the UK on Sophomore Uses List Context; Cops Interrogate · · Score: 2
    I'd rephrase that as being that freedom of speech is the right not to be silenced by the government, not access to a medium of publication or freedom from the consequences of your speech.


    hawk, esq.

  24. Lawyer: the historical context on Sophomore Uses List Context; Cops Interrogate · · Score: 3
    I am a lawyer, but this is nto legal advice. If you need legal advice, contact an attorney licensed in your jurisdiction.


    As near as I can tell, our federal government is the only one in world history for which distrust of government is a central founding principle (though the state governments of some of the western and midwestern states may qualify as well). By design, individuals are left to their own affairs (though this has weakened to a distressing degree), and government is hamstrong at every possible turn. People decry "gridlock" from our two-chambered legislature and executive veto, but this is a feature, not a bug. It was *designed* to work that way.


    The government has massive resources; the individual little. So that the individual has a fighting chance when faced with the aweseome power of the state, the playing field is tipped in his favor.


    Private interactions are another matter. To *not* allow the school to require its enrollees to abide by these policies would be a *limitation* of the freedom of individuals to contract, and is thus repugnant to the principles of our system (which we got from you, and stem in turn from the tribes the romans were never able to quite control).


    See, it's really all about our protecting "The Rights of Englishmen", which is all we wre really after in the 18th century, anyway :)


    hawk, esq.

  25. "censorship" of shool newspapers on Sophomore Uses List Context; Cops Interrogate · · Score: 2
    Every case of "censorship" of a school newspaper that I"ve actully looked at in the past has been misrepresented.


    If you look at the cases, they come down to *who* is the publisher with free speech rights. In almost all cases, the school, and not the students, is the publisher, and therefore is entitled to control the content. At my law sdchool, when I was editor-in-chief, *I* was actually the one with control answering to noone, but that's the exception, not the rule.


    Free speech does not entitle you to have your piece printed where and when you want. There are *other* cases where the students have printed on their own, without school resources, and attempted to distribute on or near the school in the same manner as other documents from individuals are distributed. These students consistently win. It's the ones who want to use *someone else's* resources (the school) to distribute their opinions that get successfully "censored"


    hawk, esq.