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  1. That's not what happened with Iomega on Are 'Server Emulators' Legal? · · Score: 2

    Iomega *licensed* to epson, but they didn't get along well, and the deal was cancelled.

    I want to say that Iomega wasn't happy with Epson's prices, but it's been a while, and I'm not sure.

  2. Lawyer: your HO is wrong on Protecting Your Company While Protecting Privacy? · · Score: 2

    I am a lawyer, but this is not legal advice. if you need legal advice, consult an attorney licensed in y our jurisdiction.

    I assume you mean the fifth, but it doesn't matter: it is about governments. It *does not* apply to individuals. It also does not apply in civil cases--your refusal to testify in a civil case *can* be held against you.

    hawk,esq.

  3. Lawyer: That's not quite true on Judge OKs Class-Action Suit Against Microsoft · · Score: 2

    I am a lawyer, but this is not legal advice. If you need legal advice on this or any other matter, see a lawyer licensed in your jurisdiction.

    First of all, class actuion suits usually do work out the way you describe. The only clear example I can come up with is the Iomega suit, in which the class members actually got what they were supposed to get in the first place (their rebate and accessories) plus an extra disk.

    The usual outcome is that the attorneys get well paid, and the calss gets almost nothing. On the other hand, part of this is because the underlying claims tend to be close to worthless--but the defendants remain better off offering a coupon or a few bucks than paying for the litigation. This, however, *is* what drives the typical low payments from the class-action mills--it's not compensation, which really wasn't due, but rather go-away money.

    The inability to collect if you opt out makes perfect sense--the law generally only lets you have one bite at the apple.

    However, it is not quite true that the lawyers can settle without the consent of plaintiffs. Class members *are* entitled to object to the settlement, and often d. This is becoming more common due to partial reforms. It used to be that the first to file got to keep the suit. Today, larger class members are given substantial input in the choice of attorneys.

    I seriously doubt that this will be a typical class action. The liability isn't *as* clear as Iomega's (there was no legitimate defense in that case; the behavior was either inept or deliberate fraud), because the damages *are* real and, within reason, quantifiable. However, in the case of windows, they're no more than $50 (judging by the figures in the Findings of Fact).

    One last thing: lawyers in class actions do not get 30%. Rather, they petition the court to approve fees based on teh amount of work done. Frequently this is worked out ahead of tiime with the defendant in a settlments, but judges are getting better (but still have a long ways to go) at rejecting these (e.g., the tobacco settlements. Those fees were so clearly unreasonable that they should have been disbarred for accepting them).

    hawk, esq.

  4. Re:how can I abuse the courts to get money from on Judge OKs Class-Action Suit Against Microsoft · · Score: 2

    Exactly. There should be a warning label on the coffe:

    "Only a low grade moron would put this between her legs and then remove the lid in a moving vehicle."

    :)

    hawk, esq., tired of people defending this frivolosu suit

  5. Re: MacOS stability. on Mac OS X Beta To Come Out Sept. 13 · · Score: 2

    I think I had 7.1.0.1, or maybe 7.1.1, on my powerbook 180. That's as far as I went. I found lyx, and how well it did on equations, and that was the end of the line for macs and I; I've been all-unix since.

  6. vile heretic! on KEO Time Capsule To Remain In Orbit 'Til 52001 AD · · Score: 2

    Cobol, indeed!

    We all know that while we don't know what computers will do then, or what the language will look like, it *will* be called Fortran . . .

  7. Not really on KEO Time Capsule To Remain In Orbit 'Til 52001 AD · · Score: 2

    That will also be the year Windows finally works properly, with all those years of backwards compatibility . . .

    :)

  8. not a chance! on Mac OS X Beta To Come Out Sept. 13 · · Score: 2

    It would take a fool to cover that bet.

    I used the *alpha* release of 7.0 on my main machine ten-eleven years ago. It was more stable than what I've come to expect from microsoft.

    [note--I really haven't used anything later than 7.1 (except to find that 7.5 wouldn't cut it on a IIci), so I have no position on the stability of 7.5-9.x :) ]

    hawk

  9. Cartel??? not hardly on Apple Sues Employee Over Cube Leaks · · Score: 3


    A cartel is a group restricting output, working as a group instead of competing with one another. Among other conditions, you must have a way to keep newcomers out.

    The folks that want NDA's, however, are *fiercely* competitive, both in the product market and for employees. A more reasonable conclusion is that NDA's are necessary to the the firm in order for it to compete successfully; otherwise, the firms would drop the NDA's, saving time and money while regaining a recruiting edge.

    hawk

  10. Lawyer: no, it's contempt of court on Apple Sues Employee Over Cube Leaks · · Score: 2

    I am a lawyer, but this is not legal advice. If you need legal advice, contact an attorney licensed in your jurisdiction.

    The criminal/civil distinction you are trying to draw simply doesn't apply here.

    Yahoo did not simply hand over information to a corporation. They complied with a court order to do so. They would have done the same had an individual obtained the order. This is the same thing (and mistaken perception) of a few months ago when it was misreported that companies were allowed to search employeess' home computers--that to was in the course of litigation, and under court order.

    hawk, esq.

  11. Captialism? In *Russia*??? Not hardly on Slashback: Delays, Torpedos, Revitalization · · Score: 2

    OK take a deep breath. Now think. Look at Russia.

    The Russian economy is *not* capitalist, nor is it a free market. It is a mix of feudalsim and fascism. The government still allows/disallows large portions of what can happen (fascisim, not free market), and private kingpins control and reap the bounties of capital, whether it belongs to them or not (feaudalism, not capitalism).

    As with most claims made about the problems caused by capitalism and free markets, this one illustrates by pointing to things that are anathema to the market and capitalists.

    hawk, economics professor

  12. Re:Just tell us what you're selling on Google, History, Profitability · · Score: 2

    >"Click Here" really is bad form. A link is supposed to describe where
    >it goes to. You should be able to rip out all of the links on your web
    >page and list them, with the linked text, and have a handy list of
    >links - just like Slashdot does.

    Err, the "Click here" that started this all *was* on slashdot.

    :)

    hawk

  13. It must be on Google, History, Profitability · · Score: 2

    >A question: Given the way ad servers work, is is feasible for them to
    >supply text alternatives to images?

    It must be, for the simple reason that I've seen it done :) I've also seen text for ads in netscape.

    If nothing else, text could be placed such that the image would overwrite it, or as the text label for the image.

    hawk

  14. Lisa wasn't derived from PARC on What Was The First Computer Operating System? · · Score: 3

    Look at the history at http://home.san.rr.com/deans/lisagui.html

    It includes screen mockups from *before* the PARC vist. PARC certainly influencd the Lisa, but it wasn't the origin.

    hawk

  15. That's not where ENIAC stole from on What Was The First Computer Operating System? · · Score: 3

    ENIAC ripped off many of its innovations from the ABC, the Atanasff Berry Computer at Iowa State. The page for the machine is currently down, but a pair of replicas were recently built. You can find an article at http://www.alumni.iastate.edu/events/abcreplica.ht m. If you search for "Atanasoff Berry Computer" at the http://www.iastate.edu homepage, you'll find plenty of information.

    In a nutsheell, Atanasoff and hs graduate student Berry built the machine in the thirties to solve 17 simultaneous equations in 17 variables. ISU claims it as the first electronic digital computer. It used vacuum tube logic (small interchangable sub-chassis with a handfull of tubes), was apparently the first to use base 2 rather than 10, the first to have regenerative memory (rotating drums of capacitors), and something else important that I forget :)

    Atanasoff was called off to the Manhattan project, and the machine was taken apart for parts.

    The machine came to light during litigation over ENIAC's patents. Not only was the ABC prior art, but it's builders went to ISU and were shown the details of the ABC--which they then used and patented.

    WHen the replica project started, they found no schematics for large portions, and had to use photographs. Finding parts wasn't as bad as might be suspected, though--when they dug out ancient purchase orders to find out what parts were used, it turned out that some of the same warehouses still stocked the same parts--including the weird paper that they used for output by electrically charring it, iirc .

    Two replicas were built, one to reside permanently at the Smithsonian, and the other to tour. One (I'm not sure which) was actually fired up to solve a problem--once.

    hawk

  16. Dilbert and Ads on Google, History, Profitability · · Score: 5

    When dilber first started showing ads, Scott Adams included a little comment about the ads, and why they were there. It boiled down to something like:

    1) they offered us lots of money
    2) we like money

    I really don't know where the attitude that the world is obliged to offer us whatever we want for free comes from. Keeping your software ideologically pure, and then providing free hardware for the world to use it, doesn't feed the kids.

    I don't mind ads. I do mind things that blink at me. OK, they can blink once, but once they repeat, I edit my junkbuster file to block them. Then again, very view bother to make their ads readable in lynx, which I usually use. The top of *this* page says "Click Here!" in the blue letters indicating a link; I've seen others that tell me what they're about (and have followed a couple).

  17. uh, no. on Does Transmeta Live Up To The Hype? · · Score: 2

    They get 600k shares, plain and simple. They aren't paying the IPO price, but receiving the shares in return for the technology deal. None of the prices until the day they sell them matter--not even a little bit.

    hawk, wearing his econ professor hat

  18. old, old news :) on Does Transmeta Live Up To The Hype? · · Score: 5

    8 hours? Bah. A MacPortable got 4-6. And it's carrying case would hold a second batterry.

    And 2.2 lbs? so what. The batteries were 5 or 6 lbs--quite handy as a security measure: if someone tried to steal it from you, you pulled the battery out of the case, and let them run off. Cassually follow them until they tire from teh weight, and then hit them over the head with the spare battery.

    :)

    hawk

  19. Re:Wonderful!... But still... on Battlebots Starting On Comedy Central Tonight · · Score: 2

    > American programme

    no, it would be a British programme bassed on an American program. Where's the grammar nazi now that we need them.

    Hmm, if it's about the British usate, does he become the gramarre naze?

    :)

  20. But, but . . . on Visual Map of Unix history · · Score: 2

    Shouldn't the VIsual map mean that you can navigate it as text with the VIsual editor? What's this graphical stuff doing in a Unix page.

    Heresy! Burn them all! Force them to use Windows!

    On a more serious note, I *am* strongly skeptical about the credibility of a site that links to a Rhonda Hauben article.

    hawk

  21. Not a new idea on More On Kaplan's Ruling Making Links Illegal · · Score: 2

    You're too late. THere has already been litigation for *both* buslines connecting bad neighborhoods to good ones, *and* for having the bus from the bad neighborhood stop on the other side of the street (someone got run over going into the mall to work).

    The busline lost the second, and I think the first (but don't hold me to htat one)

    hawk, esq.

  22. Re:absoft seems to have the fortran market to itse on Sybase to Open Souce Watcom C/C++ & Fortran Compiler · · Score: 2

    I got that. I was just hoping :) I've been a fan if Digital Fortran for a *very* long time. I've only hit one bug in it, ever--and that was nearly 20 years ago on a PDP-10 . . .

  23. Re:F95 compiler on Sybase to Open Souce Watcom C/C++ & Fortran Compiler · · Score: 2

    It seems to me that we got pretty strong warnings from a few locations that the Portland compiler just plain wasn't ready for prime time, and we stayed away from it. Now that I think o it, one of our concernes was multiprocessing, as he'd had the budget for a dual PII (III? 333mhz), and there were libraries available for absoft that would spit out multi-processor code for much of the math (we bought them, but I never got as far as working with them).

    This time around, performance is important, but I'll be developing on my machine and usinc scp/ssh to send the real work to the heavy-duty machines at main campus.

    hawk

  24. Re:F95 compiler on Sybase to Open Souce Watcom C/C++ & Fortran Compiler · · Score: 2


    We tried the demo version of nag back before we bought absoft, back in summer/fall 1997. Hmm, now that I think of it, it was probably spring/summer 98 by the timie we bought it, but anyway . . .

    We had problems getting the demo to work. And while it was F95 to Absoft's F90, it generates C rather than an executable (which is where the performance issue comes from)--and performance is a *major* issue for what I do :) What I can solve is limited primarily by the power available.

    Absoft sales was a series problem, though--it took several days for them to call me back. With sales that slow, I didn't want to even *think* about what tech support would be like--absoft tech support had called me back, pre-purchase, well before we eger heard from the sales folks at Nag. In all fairness, I heard later that the tech folks at Nag are much better than their sales counterparts about getting back to people, but the combination of no return calls and the lack of actual executables made absoft an easy choice.

    We never regretted it. Tech support usually got back to me that afternoon if I sent a message in the morning, or the next morning if I sent it in the afternoon. They also sent responses by email to questions I asked in the Fortran Newsgroup (Steve Lionel also answers an impressive volume there).

    hawk

  25. Re:absoft seems to have the fortran market to itse on Sybase to Open Souce Watcom C/C++ & Fortran Compiler · · Score: 2

    You're the one to correct me if I'm wrong :), but isn't the Compaq compiler for Linux still alpha (the processor, folks, not the status) only?

    When we checked it out (but this was 3 or 4 years ago), the only choices for F90/95 on linux/x86 were NAG and absoft (and see above for NAG).

    Hmm, I guess I need another good look at the market . . .