>Hrm; I could be misunderstanding the word "actionable"; >I was under the impression that it meant, >more or less, "can get to trial"
It gets used in various ways in various contexts. I don't tend to use it for things that can't possibly win (barring incompetent counsel, etc., etc.).
>Check out Noonan v. Staples .
Not unless someone is paying my hourly:)
>Massachusetts is a state, last time I checked,
Actually, it styles itself a commonwealth:)
>and includes a malice requirement.
A state can do what it wants with its own law. But *never* suggest anything from Massachusetts, California, or New York as being representative of typical state law. For the most part, they are, but those are the three most likely to do something entirely on their own.
I've paid the bar an awful lot of excess money if I'm not.
In the US, truth is a defense, as I stated above. While one can get to trial suing over a true statement, he cannot win if the speaker can show that it was true.
The "malice" factors are for federal constitutional law, which puts first amendment limits on defamation actions by public figures.
I'm a lawyer; this isn't advice; blah, blah, blah . . .
In advertising, the legal term is "puffing."
"Our hamburger is best" is puffing; "Our hamburger has less than 5% fat and comes from virgin cows." had better be true if claimed, and "They spit on their burgers before serving." is defamatory (and actionable unless true).
If a statement is clearly not intended to be taken as a literal truth, it's not going to meet the standards for defamation--although parts of it still might: "He molests every intern to come through D.C., just like he did to Jesse." The claim about Jesse is actionable, while the bigger one isn't.
(Hmm, maybe if you're talking about Bill Clinton, the "every" might be believable:)
I am an attorney, but this is not legal advice. Pay for that if you need it.
Truth has nothing to do with whether or not a statement is defamatory, just whether or not it is actionable.
"Bill Clinton is an adulterer." is a defamatory statement; it causes a significant portion of the population to think less of him. It happens to be true, which in the US is a perfect defense to a slander or libel action (In Britain, the falsity is part of the Plaintiff's case, rather than a defense).
Virginia is a state. Texas is a state. Mexico is a state.[1] England is a State. Monaco is a State. Vatican City is a state.
The English state is a constitutional monarchy, the mexican state is a representative republic, and the Vatican is a theocracy.
the state of Virginia is a Commonwealth, the states of California and Texas are republics, and forty some-odd of the states comprising the USA don't make such specifications and simply use "state."
hawk
[1]yes, it calls its political subdivisions states, but they were created by the Mexican state.
Both pushd/popd and invoking another shell from a shell would seem to meet this notion. For that matter, so would "boss mode" in any number of games, and the ability to launch a shell with a cleared screen from hack (still around in nethack. Rogue had it too, but without the clear screen)
most notably, a severe case of recto-cranial inversion when it came to valuing the company for sale to Apple . . . for the price that Be stubbornly demanded, Apple was able to buy Next and get a free has-been thrown in for free.
Be had no hope for value at the time other than the sale, yet they stuck to that fanciful number.
I did this for years dual-booting FreeBSD & Linux.
Neither played nice with the other's file system. I think it was that linux dumped random things into the middle of files on a ufs file system when mounted rw, while FreeBSD did weird things to stab entries of ext2 partitions, but I might have it backwards (If you really care, search for my questions from the late '90s).
The solution was to keep a FAT partition around, and trade files through tarballs.
I'm still stuck with both, but once Linux seriously supports ZFS, or FreeBSD can use up to date flash, I'm going to just one . . . (or maybe make an opensolaris nfs server to run zfs, with a lot of rsyncing).
I bought the Acer (the only one I'll ever buy; I have this funny problem with refusal to honor warranties . ..) in November, 2005. Linux and Freebsd solutions existed at the time--linux took some serious hoop-jumping to use windows drivers; FreeBSD was easy (but still a hoop). This is more than three years later, and both still take hoops. This laptop takes the same/similar solutions (again, FreeBSD being significantly easier).
The Acer is old enough to typically leave service (not counting the factory defects/store damage that Acer refused to repair). That's a bit too long for an "eventual open source solution."
I have two laptops which need ath_hal.10.5.6. One is three years old, and the driver still hasn't made it in.
The issue isn't so much removal, but the ability to use custom modules compiles for older kernels--which is far better now than it was in the mid '90s.
But that's rather full of exceptions. *IF* the full driver made it to the kernel, and stays in the sources, sure. Then there are things like ath_hal that require a true adventure..10.5.6 has been around for a while, but with kubuntu, I had to extract and make by hand. I then panicked when a new kernel downloaded on an update--that *used* to be a problem with linux when you had custom modules; they were dependent upon the version of the kernel. Even when a pre-compiled module was available to support hardware, it could require force loading due to version mismatches.
Today, that doesn't seem to be a problem; it kept working with the new version.
(.10.5.6 hasn't made it to FreeBSD yet, either--the work is done, but sam doesn't have enough testing results to commit it yet. I have an alias as root that deletes the directory for ath_hal, then extracts and renames.10.5.6 with sam's patches. [when I update the source, cvs replaces that with the official versions, so I need to repatch each time]). That done, however, it just plain works flawlessly).
I put it on a couple of computers in 2005 or so. After several months, it went into an upgrade hell--I think it was that Yast tried something in the wrong order. It could go neither back nor forward. When it happened on both, I threw my hands up and switched to kubuntu.
Then again, if it handled the latest flash (or even recent enough for the kids' sites), I'd just switch entirely to FreeBSD. Unfortunately, it doesn't (though I believe Adobe demonstrated a prerelease of Flash 10 on FreeBSD). Even using the linux versions of the browsers, flash leads to too many crashes.
Unfortunately, I borked the rollback, trying a cutesy dpkg forced install of 8.04 packages over 8.10.
*doh*
I'm now trying to use grub on the hd to boot the alternative install iso image off a usb disk, as the lapetop can't boot of usb and has a fubar cd drive.
The apple menu (ok, whatever you call the knockoff of thw windows knockoff of the apple menu:) used to have categories of programs in its first tier, with the programs themselves spawning off to the right. I could just whip through and choose. Now, I have to click at least once to get even partially to such a list.
Adept is apparently no longer capable of displaying everything at once; you have to use it *its* way now (although, in fairness, I should admit to preferring dselect, and to having had a distaste for what would become apt-get long before it came into existence, due to the constant spamming of the debian email lists with the all-caps PROJECT DEITY announcements).
Slashdot Mirror
You mean Dune actually had a sequel???
hawk, who thought those vapid things with "Dune" in the name were yet more dismal fan-fiction, like for Star Trek
>Hrm; I could be misunderstanding the word "actionable";
>I was under the impression that it meant,
>more or less, "can get to trial"
It gets used in various ways in various contexts. I don't tend to use it for things that can't possibly win (barring incompetent counsel, etc., etc.).
>Check out Noonan v. Staples .
Not unless someone is paying my hourly :)
>Massachusetts is a state, last time I checked,
Actually, it styles itself a commonwealth :)
>and includes a malice requirement.
A state can do what it wants with its own law. But *never* suggest anything from Massachusetts, California, or New York as being representative of typical state law. For the most part, they are, but those are the three most likely to do something entirely on their own.
hawk, esq.
I've paid the bar an awful lot of excess money if I'm not.
In the US, truth is a defense, as I stated above. While one can get to trial suing over a true statement, he cannot win if the speaker can show that it was true.
The "malice" factors are for federal constitutional law, which puts first amendment limits on defamation actions by public figures.
hawk, esq.
I'm a lawyer; this isn't advice; blah, blah, blah . . .
In advertising, the legal term is "puffing."
"Our hamburger is best" is puffing; "Our hamburger has less than 5% fat and comes from virgin cows." had better be true if claimed, and "They spit on their burgers before serving." is defamatory (and actionable unless true).
If a statement is clearly not intended to be taken as a literal truth, it's not going to meet the standards for defamation--although parts of it still might: "He molests every intern to come through D.C., just like he did to Jesse." The claim about Jesse is actionable, while the bigger one isn't.
(Hmm, maybe if you're talking about Bill Clinton, the "every" might be believable :)
hawk, esq.
I am an attorney, but this is not legal advice.
Pay for that if you need it.
Truth has nothing to do with whether or not a statement is defamatory, just whether or not it is actionable.
"Bill Clinton is an adulterer." is a defamatory statement; it causes a significant portion of the population to think less of him. It happens to be true, which in the US is a perfect defense to a slander or libel action (In Britain, the falsity is part of the Plaintiff's case, rather than a defense).
hawk, esq.
Virginia is a state.
Texas is a state.
Mexico is a state.[1]
England is a State.
Monaco is a State.
Vatican City is a state.
The English state is a constitutional monarchy, the mexican state is a representative republic, and the Vatican is a theocracy.
the state of Virginia is a Commonwealth, the states of California and Texas are republics, and forty some-odd of the states comprising the USA don't make such specifications and simply use "state."
hawk
[1]yes, it calls its political subdivisions states, but they were created by the Mexican state.
But he won't allow the lightning requested. Something about ozone . . . :)
hawk
Hmm. At olivetti, we were sent the "next" version as a name change, iirc.
It seems to be that every version we had rand msdos programs, although directories were not supported.
hawk
[hawk does the happy dance]
Wow. Someone else that knows that the Lisa was influenced by, not derived from, the Parc visit.
Uhm I think that makes six of us :(
hawlk
Both pushd/popd and invoking another shell from a shell would seem to meet this notion. For that matter, so would "boss mode" in any number of games, and the ability to launch a shell with a cleared screen from hack (still around in nethack. Rogue had it too, but without the clear screen)
hawk
Didn't GEM actually run as a GUI on top of something else? It seems to me that it first appeared for CP/M, but that may be a hazy memory.
CP/M had a multitasking version (CCP/M) by at least 1984, which had four workspaces and could multitask msdos progrgams on a 640k machine.
hawk
I was doing quality control on CCP/M in 1984, so that's a pretty safe bet. Concurrent Dos/CDOS wasn't a separate product, just another stab at a name.
CCP/M had four spaces, which could either be full screen or arranged as part of the single screen.
Oh, this is the same product later known as DR-DOS. I believe that a year or two ago it went back to a previous name.
It's been free for years, and they may have open sourced it when they when all-linux.
hawk
most notably, a severe case of recto-cranial inversion when it came to valuing the company for sale to Apple . . . for the price that Be stubbornly demanded, Apple was able to buy Next and get a free has-been thrown in for free.
Be had no hope for value at the time other than the sale, yet they stuck to that fanciful number.
hawk
I did this for years dual-booting FreeBSD & Linux.
Neither played nice with the other's file system. I think it was that linux dumped random things into the middle of files on a ufs file system when mounted rw, while FreeBSD did weird things to stab entries of ext2 partitions, but I might have it backwards (If you really care, search for my questions from the late '90s).
The solution was to keep a FAT partition around, and trade files through tarballs.
I'm still stuck with both, but once Linux seriously supports ZFS, or FreeBSD can use up to date flash, I'm going to just one . . . (or maybe make an opensolaris nfs server to run zfs, with a lot of rsyncing).
hawk
(we used to call it german measles.. when did the german bit get dropped?
In the late 80's, when the quality of Japanese imports was finally close enough to the German, just like everything else . . .
hawk
In a related story, police across the country arrested 4,546 volunteers at various centers for the blind for reading the visitors' books to them . . .
hawk
I bought the Acer (the only one I'll ever buy; I have this funny problem with refusal to honor warranties . . .) in November, 2005. Linux and Freebsd solutions existed at the time--linux took some serious hoop-jumping to use windows drivers; FreeBSD was easy (but still a hoop). This is more than three years later, and both still take hoops. This laptop takes the same/similar solutions (again, FreeBSD being significantly easier).
The Acer is old enough to typically leave service (not counting the factory defects/store damage that Acer refused to repair). That's a bit too long for an "eventual open source solution."
hawk
I have two laptops which need ath_hal .10.5.6. One is three years old, and the driver still hasn't made it in.
The issue isn't so much removal, but the ability to use custom modules compiles for older kernels--which is far better now than it was in the mid '90s.
hawk
But that's rather full of exceptions. *IF* the full driver made it to the kernel, and stays in the sources, sure. Then there are things like ath_hal that require a true adventure. .10.5.6 has been around for a while, but with kubuntu, I had to extract and make by hand. I then panicked when a new kernel downloaded on an update--that *used* to be a problem with linux when you had custom modules; they were dependent upon the version of the kernel. Even when a pre-compiled module was available to support hardware, it could require force loading due to version mismatches.
Today, that doesn't seem to be a problem; it kept working with the new version.
(.10.5.6 hasn't made it to FreeBSD yet, either--the work is done, but sam doesn't have enough testing results to commit it yet. I have an alias as root that deletes the directory for ath_hal, then extracts and renames .10.5.6 with sam's patches. [when I update the source, cvs replaces that with the official versions, so I need to repatch each time]). That done, however, it just plain works flawlessly).
hawk
I put it on a couple of computers in 2005 or so. After several months, it went into an upgrade hell--I think it was that Yast tried something in the wrong order. It could go neither back nor forward. When it happened on both, I threw my hands up and switched to kubuntu.
Then again, if it handled the latest flash (or even recent enough for the kids' sites), I'd just switch entirely to FreeBSD. Unfortunately, it doesn't (though I believe Adobe demonstrated a prerelease of Flash 10 on FreeBSD). Even using the linux versions of the browsers, flash leads to too many crashes.
hawk
Unfortunately, I borked the rollback, trying a cutesy dpkg forced install of 8.04 packages over 8.10.
*doh*
I'm now trying to use grub on the hd to boot the alternative install iso image off a usb disk, as the lapetop can't boot of usb and has a fubar cd drive.
argh
hawk
The apple menu (ok, whatever you call the knockoff of thw windows knockoff of the apple menu :) used to have categories of programs in its first tier, with the programs themselves spawning off to the right. I could just whip through and choose. Now, I have to click at least once to get even partially to such a list.
Adept is apparently no longer capable of displaying everything at once; you have to use it *its* way now (although, in fairness, I should admit to preferring dselect, and to having had a distaste for what would become apt-get long before it came into existence, due to the constant spamming of the debian email lists with the all-caps PROJECT DEITY announcements).
hawk
I'm trying to move a machine *back* after "upgrading" to 8.10.
The newer dumbed-down menus and adept did not win any fans around here.
hawk
Mine was on an Osborne. The CPU was removed, plugged into an adapter, and a 50 pin or so ribbon cable hung out of the case near the handle . . .
hawk
> and the first rounds were cheap... prices for good software rise
> as the market proves GOOD software is hard to make.
$100 for an Apple program was fairly high at the time--though $500 would become common quickly . . . and stick around for several years.
hawk