You politely explain exactly what you may do to them if they don't do what you politely ask:)
Actually, they're kind of fun--abut the only part of active practice that I miss . ..
Also, whether it's fair or not, when you're right and the other guy is wrong but stubborn, the letterhead is worth what you pay for it--it tends to get better results (particularly if what you're asking is just "leave me alone") than if you had written the same exactt words yourself . ..
See disclaimer in my other post about this not being legal advice.
To dismiss a case on the initial filing, the judge must find that even if everything in the complaint were proved, the plaintiff would not be entitled to relief. That's not the case when alleging copyright infringement.
The next chance would be a summary judgment motion. At that point, evidence is weakly tested with the presumption that the fact finder (judge or jury) will take it in its most favorable light, and the evidence for the other party in the least favorable. If no reasonable person could find for the plaintiff under those circumstaances, then summary judgement is granted.
That's not a hard standard of the plaintiff to meet . ..
I am a lawyer, but this is not legal advice. If you get your legal advice from the web, get your head checked.
I'm going to make a few assumptions here: 1) That the Defendand doe indeed have no significant contacts to the state in which the suit was filed. 2) That trademark infringement has similar rules to copyright infringement, which require the action to be brought in a district in which the defendant "can be found." 3) That the usage of the spammer's trademarks are *clearly* and *indisputably* within the realm of fair use and satire.
If all of these apply, it is hard to fathom a good-faith basis for an attorney to have believed that an action should have been justified.
With that conclusion, the filing would be in violation of Rule 11 of the Federal Rules of Civil Procedure, and counsel for the plaintiff would be subject to sanctions, including court costs.
Furthermore, in most states, sanctions in excess of $1,000 or so (except for discovery sanctions) must be reported to the state bar for disciplinary purposes.
Additionally, the filing of a complaint with no good faith basis is a violation of ethical rules, and subject to discipline. Assuming that it is the attorney's first offense, I'd be surprised if it results in disbarment or even suspension; more likely a reprimand or private cautionary letter.
> I never said KDE was a fork of GNOME or vice versa.
Gnome is a "baby-with-the-bathwater" level fork from KDE. I kind of expect athat they would have forked anyway over other issues (C/C++, how much to pattern after MS, etc.), but the split was caused by license issues.
While the Wall Street Journal doesn't understand this, it is perfectly normal for free market economists to call for the rgulation of monopolies: they're interfering with our precious markets, for crying out loud, and aren't subject to the market forces that allow free markets to work!
However, the a la caret option won't be as great as we hope: we will end up giving up most of our channels, and we'll pay significantly more per channel than the cable companies currently pay. The FCC study found that we wouldn't actually see any savings (but I'm skeptical).
English has become the de facto international language because the last two dominant world powers -- the English and now we Americans -- speak it. There is no other reason.
That's not the reason at all.
It has become the international language not becouse the US and Britain are *powers*, but because they are dominant in trade. At this point, the use of English in international trade is proably sufficient that it would continue even if the US and England suddenly started speaking Etruscan . ..
When I got to Iowa State in '94, the Kwonset huts were still in use.
They were put in for the GI bill for the flood of returning soldiers. They were meant to be scrapped in the 50's.
In all fairness, I had one of the worst ones, which was already scheduled for demolition--it was just a temporary assignment while they suffled people in and out.
The water heater was in the living room. It made percolating sounds. When the maintenance guy showed up, he told me it was normal for a heater that old--it was limestone buildup being carried up as the water boiled, and falling back down.
But when I called about the crumbling tiles, I was less amused: he measured the tiles and announced they were asbestos. (The stuff is perfectly safe until it gets into the air--by things like crumbling.)
THey started tearing them down as people moved out--or as trees took them out in a storm. Even when I arrived, there were several foundation slabs used as picnic shelters and play areas.
I believe that they're now all gone save for a "museum piece."
I've got a strong preference for mixed government I fantasized about an independent president, a democratic house, and a republican senate--right up until it turned out that perot was, to use the clinical term, "mad as a hatter."
I used to think that the Green Party would draw the looney left out of the democracts, alloowing them to become viable again, but no such luck. We're dangerously clsoe to one party rule, and it's hard to blame that party when the reason is that the other party has effectively thrown in the towel. (Isn't it the Republicans who are supposed to "rather be right than president" ???)
I thought the count was odd, too, but I would have assumed that you could use all four at once.
Of course, I can only use 1.5 at once on my directivo--something blew out on tuner 1, and it follows whichever polarity tuner 2 is set for, apparently using the tuner 2 signal sometimes, too (yes, I've seen it with both on different channels with only one line attached). Then there are the days turner 1 asserts itself, uses it's own line, doesn't let tuner 2 switch it, but can't switch it itself.
When I move this summer, if I have a decent cable company, I'm building a mythtv box . ..
Not quite the dumbest: all 10 (or was it just 9) of the companies in On Excellence, held up as role models for toher companies, were in the toilet ten years later.
So did the author become a laughing-stock? Nope, he wrote a sequel, and it too became a best seller.
Bizarrely, there's always a market for this kind of babbling nonsense.
that we don't have a system in which Congress, rather than the president, authorizes spending . ..
oh, wait . ..
well, Damn that Clinton and his Contract With America, anyway . ..
hawk
for those outside the US: the Republican Reagan had a Democratic Congress (except for a couple of years in the Senate), while the Democrat Clinton had a Republican Congress (except for his first two years which led to it).
Our budget balanced not because of one party or the other, but because, after the Republican landslide, Clinton switched from calling the plan to balance the budget quickly irresponsible to a plan which it did a year faster. And after the one-upmanship between the two parties knocked another year or so off, falling interest rates knocked yet another year off.
But *shh*. Don't bother these guys (on either side) with the facts. All of the prudent cuts came from their own party, as did the idea of fiscal responsibility, while all the bad cuts and debts came from the other one . . .
Slashdot Mirror
There's an art to writing lawyerly letters.
:)
.
.
You politely explain exactly what you may do to them if they don't do what you politely ask
Actually, they're kind of fun--abut the only part of active practice that I miss . .
Also, whether it's fair or not, when you're right and the other guy is wrong but stubborn, the letterhead is worth what you pay for it--it tends to get better results (particularly if what you're asking is just "leave me alone") than if you had written the same exactt words yourself . .
hawk, esq.
See disclaimer in my other post about this not being legal advice.
.
To dismiss a case on the initial filing, the judge must find that even if everything in the complaint were proved, the plaintiff would not be entitled to relief. That's not the case when alleging copyright infringement.
The next chance would be a summary judgment motion. At that point, evidence is weakly tested with the presumption that the fact finder (judge or jury) will take it in its most favorable light, and the evidence for the other party in the least favorable. If no reasonable person could find for the plaintiff under those circumstaances, then summary judgement is granted.
That's not a hard standard of the plaintiff to meet . .
hawk, esq.
I am a lawyer, but this is not legal advice. If you get your legal advice from the web, get your head checked.
I'm going to make a few assumptions here:
1) That the Defendand doe indeed have no significant contacts to the state in which the suit was filed.
2) That trademark infringement has similar rules to copyright infringement, which require the action to be brought in a district in which the defendant "can be found."
3) That the usage of the spammer's trademarks are *clearly* and *indisputably* within the realm of fair use and satire.
If all of these apply, it is hard to fathom a good-faith basis for an attorney to have believed that an action should have been justified.
With that conclusion, the filing would be in violation of Rule 11 of the Federal Rules of Civil Procedure, and counsel for the plaintiff would be subject to sanctions, including court costs.
Furthermore, in most states, sanctions in excess of $1,000 or so (except for discovery sanctions) must be reported to the state bar for disciplinary purposes.
Additionally, the filing of a complaint with no good faith basis is a violation of ethical rules, and subject to discipline. Assuming that it is the attorney's first offense, I'd be surprised if it results in disbarment or even suspension; more likely a reprimand or private cautionary letter.
hawk, esq.
> I never said KDE was a fork of GNOME or vice versa.
Gnome is a "baby-with-the-bathwater" level fork from KDE. I kind of expect athat they would have forked anyway over other issues (C/C++, how much to pattern after MS, etc.), but the split was caused by license issues.
hawk
While the Wall Street Journal doesn't understand this, it is perfectly normal for free market economists to call for the rgulation of monopolies: they're interfering with our precious markets, for crying out loud, and aren't subject to the market forces that allow free markets to work!
However, the a la caret option won't be as great as we hope: we will end up giving up most of our channels, and we'll pay significantly more per channel than the cable companies currently pay. The FCC study found that we wouldn't actually see any savings (but I'm skeptical).
hawk
hawk
The usual reference to a "power" or "superpower" is military, not trade.
hawk
English has become the de facto international language because the last two dominant world powers -- the English and now we Americans -- speak it. There is no other reason.
.
That's not the reason at all.
It has become the international language not becouse the US and Britain are *powers*, but because they are dominant in trade. At this point, the use of English in international trade is proably sufficient that it would continue even if the US and England suddenly started speaking Etruscan . .
hawk
We'll get hardened criminals!
And from my youth:
Little Willie, at a passing gent,
through a batch of wet cement.
"Just wait until it dries--
then you'll be a real hard guy!"
hawk
When I got to Iowa State in '94, the Kwonset huts were still in use.
They were put in for the GI bill for the flood of returning soldiers. They were meant to be scrapped in the 50's.
In all fairness, I had one of the worst ones, which was already scheduled for demolition--it was just a temporary assignment while they suffled people in and out.
The water heater was in the living room. It made percolating sounds. When the maintenance guy showed up, he told me it was normal for a heater that old--it was limestone buildup being carried up as the water boiled, and falling back down.
But when I called about the crumbling tiles, I was less amused: he measured the tiles and announced they were asbestos. (The stuff is perfectly safe until it gets into the air--by things like crumbling.)
THey started tearing them down as people moved out--or as trees took them out in a storm. Even when I arrived, there were several foundation slabs used as picnic shelters and play areas.
I believe that they're now all gone save for a "museum piece."
hawk
hawk
Once you've been delled, you don't tend to bother with linux. You go all the way to FreeBSD.
hawk, posting through freebsd on a (*&% dell laptop
same taste my ****. What you suggest is a defnite step down from the parent!
hawk, off to fill some Corona bottles with reprocessed homebrew
Or "life-status adjustment specialist" rather than "hitman."
hawk
I've got a strong preference for mixed government I fantasized about an independent president, a democratic house, and a republican senate--right up until it turned out that perot was, to use the clinical term, "mad as a hatter."
I used to think that the Green Party would draw the looney left out of the democracts, alloowing them to become viable again, but no such luck. We're dangerously clsoe to one party rule, and it's hard to blame that party when the reason is that the other party has effectively thrown in the towel. (Isn't it the Republicans who are supposed to "rather be right than president" ???)
hawk
who don't advocate getting rid of corporations, just regulating them.
:)
Well, the line between "destroy" and "taxes and regulatory fiat equally 110% of profits" is a bit thin
hawk
hawk
hawk
Just look at Ross Perot.
:)
Just because you're nutty as a fruitcake doesn't mean you're crazy!
hawk
I thought the count was odd, too, but I would have assumed that you could use all four at once.
.
Of course, I can only use 1.5 at once on my directivo--something blew out on tuner 1, and it follows whichever polarity tuner 2 is set for, apparently using the tuner 2 signal sometimes, too (yes, I've seen it with both on different channels with only one line attached). Then there are the days turner 1 asserts itself, uses it's own line, doesn't let tuner 2 switch it, but can't switch it itself.
When I move this summer, if I have a decent cable company, I'm building a mythtv box . .
hawk
If he owns a Dell that *works*, he has some expertise, if only from reattaching all the piecs that fall off . . .
hawk, delled twice by the university
f its having Linux inside of it makes you feel that much better,
.
It's not so much *having* Linux as *not having* Microsoft inside that's of interest . .
hawk
Not quite the dumbest: all 10 (or was it just 9) of the companies in On Excellence, held up as role models for toher companies, were in the toilet ten years later.
So did the author become a laughing-stock? Nope, he wrote a sequel, and it too became a best seller.
Bizarrely, there's always a market for this kind of babbling nonsense.
hawk
that we don't have a system in which Congress, rather than the president, authorizes spending . . .
.
.
oh, wait . .
well, Damn that Clinton and his Contract With America, anyway . .
hawk
for those outside the US: the Republican Reagan had a Democratic Congress (except for a couple of years in the Senate), while the Democrat Clinton had a Republican Congress (except for his first two years which led to it).
Our budget balanced not because of one party or the other, but because, after the Republican landslide, Clinton switched from calling the plan to balance the budget quickly irresponsible to a plan which it did a year faster. And after the one-upmanship between the two parties knocked another year or so off, falling interest rates knocked yet another year off.
But *shh*. Don't bother these guys (on either side) with the facts. All of the prudent cuts came from their own party, as did the idea of fiscal responsibility, while all the bad cuts and debts came from the other one . . .
You only get that part if you're googlebot; it's cloaked from the rest of us.