One thing we can do in this case, that we couldn't in SCO's, is simply to attack each and every MS patent methodically. The patent filings themselves are a matter of public record so we can get a list of ALL patents held by MS and proceed to collect prior art, and other evidence to invalidate them. As this data is collected it would need to be placed in public view so that anyone who is attacked by, or planning an attack on MS, in the court system can simply retrieve the data then validate it in a legal manner so it can be used in court. This will do two things. It will help anyone fighting MS in court, and it will have a serious impact on the value of their "IP". The end result is that either MS will want peace or will be unable to use this method to attack OSS. The collateral damage to their IP, while extensive and irreparable, would serve as a warning to anyone else who would attempt this type of attack.
I suspect SCO has several reasons for this action:
on
SCO Vs. Groklaw
·
· Score: 2, Insightful
The first reason SCO may be attacking PJ is because they honestly believe she is a PR person for IBM or their lawyers. This would help them in court possibly. I suspect they are doing this for all of the following reasons in part or in whole:
#1: Intimidate anyone who will give IBM favorable press. #2: Drag PJ into court where she can be bound by court order not to discuss aspects of the case she was questioned on (and she would be questioned on everything). #3: Punish PJ for giving IBM favorable press (This goes back to #1). #4: Attempt to get PJ to say something under oath that she can be sued for (slander, libel, ect.) or charged with (Perjury for example). #5: Delaying tactic (as mentioned many times in other posts). #6: Simply to put a face with a name/website that SCO and/or their legal team consider an enemy.
They may other reasons but I suspect that these are the ones motivating them.
Its not so much that he's a criminal, but its the fact that he is being denied constitutional rights, although the courts have indicated that certain of these rights are not available to convicted felons (ex: the right to bear arms). However The right to free speach should **NEVER** have been abridged in this case. He is not inciting criminal activity, he is infact educating people on how to stop criminal activity similar to the crime(s) he committed.
Here's a more fitting anology: I buy a car from Brand X w/ a GPS hooked into the onboard computer. After purchasing this car I drive by a Brand Y dealership and the GPS puts a warning up saying that I'm entering an "unsafe or illegal area" and if I get too close it shuts down and refuses to start. Next I drive near COA (made up to stand for "Car Owners Association") and it does the same thing. Well, I would be unhappy. Soon afterwards I discover that a brick and mortor operation provides a list of blocked area's provided for my car, and I drive in to get a copy since their net connection is/.'d. Upon nearing their location my car warns me and shuts down. Now lets say I need my car to get someone to the emergency room (life and death situation), and in order to get to the ER I must drive by a Brand Z dealership, and my car then warns me and shuts down. I hope net access is never a life and death situation but we have all read the stories where "Mr/Ms So andSo was having a heart attack while online and got someone in a chat room to call the local police to get help." This sensorware blocks sites that are critical of it and possibly it blocks access to its competitors, which is not in the best interests of the consumer or is anti-competitive. I for one think that sensorware is no solution. The best thing for children is not some software package, but a parent/guardian/educator/ect. standing or sitting nearby watching what that child is doing. That way if it makes it onto the screen the supervising party knows whats there and not some software package that might let it slip by. //******************************************* ********
Sony including the encryption that prevents its export was intentional. Sony has always raised a fuss over any japanese title that was exported to the us for the PSX. In order to play Japanese PSX titles you needed a Japanese console or a modified PSX console, I'm not sure about the latter. Now by including crypto they have turned it into a felony to export their console and have made it impossible to play Japanese titles on the US version. Sony will probably use the same trick on the U.S. version of their console also, so that they can render it impossible to distribute U.S. games into Japan. Its all about regional encoding, just like DVDs. //***************************************** **********
Well, as I understand it, retroactive laws are unconstitional here in the US. However the constition has been ignored often if doing so benifits the Government or big buissiness. So, if UCITA is enforced retroactively then we would begin to see lawsuits and appeals until it reaches the supreme court. Should UCITA be struck down a new law could be passed to the same effect and the process would have to be repeated again. So if UCITA is treated retro-actively then we would be in a world of pain, and if I'm not mistaken it contains language to make it retroactive. On another related note a state law can not interefere with contracts (licenses fall under this) that precede them, see the U.S. Constitution artical 1, section 10. //******************************************* ********
We are moving into an information based economy, and as many of the posters have mentioned information is power. The established media has realized this and wishes to retain their established position in this devloping market, and should censorware be installed by every ISP, library, home, school, and other point of access then any violence, shocking, disturbing, or interesting news would eventually be blocked requiring you to acquire the information from a more traditional source. Encylopedia publishers are probably for this since their products would again see an increased demand by schools and libraries since those valued sources of income are nolonger purchasing thier products in the quantities they once were since the internet acts as a giant encylopedia and/or library. This is based on my own observations, and I may/could/probably be wrong, But if I am would someone please correct me?
Wrong!! This would be like Someone breaking into your home, finding your gun, and then using it to kill someone. Furthermore, as to the "Running a redlight" line, **If** the car was reported stolen then you would not be responsible for the ticket. There are restrictions however, lets say your gun was stolen from your front porch then the case would be that you failed to take basic precautions to prevent the theft and therefor you would bear some responsibility for any and all crimes it was used in.
I don't own a DVD and I'm not a lawyer, but Its my understanding that tying of products is illegal in many nations and/or states. Now, all we would have to prove is that they are tying the licensed players to their DVD products. I could, and may be, wrong on this. If I am could someone please correct me on this.
Try going back to linmodems.org, there's now a binary only kernel module for the thing, problem is that on my Toshiba Satellite it causes some instability, random reboots, and the random lockups. kinda makes me wonder if it will be part of a windows compatability layer.
I will also wait for the international kernel patch to upgrade since there are fixes and new features that apply to me also, but I've already downloaded the patch so I have that much less downloading. And since you mentioned the International kernel patch we should point everybody to the place that tells them what it is and how they can setup an encypted filesystem with it. The International Kernel Patch and the encypted FS howto is here: loopback encrypted filesystem HOWTO
Zach Brown's Maestro audio driver is also included in kernel 2.2.14, for many of us this is a god send. I went to Zach Brown's webpage at redhat and retrieved the driver, but many users with the same notebook computer (toshiba Satellite 1555CDS) will be glad to see it in the kernel. If you have a notebook and wonder if your unit can utilize this module do lspci and look for something along the of "ESS Technology Maestro" in there. I know there are better ways to do it, but I don't have time to list them in a manner to avoid confusing the new users.
Perhaps we should convince our favorite distro's to release their software based on the year it ships. Patched/updated versions would have the month prefixed to signify that it is newer and has new features and/or fixes. Ex. "Brand X Distro Febuary 2000" This would reduce confusion. Personally I would like to see a particular commercial Operating System keep up with a similar system.
I went to http://www.DVDCCA.org/ to see what they had to say, and according to their site they will close on Dec 24, 1999 and reopen on jan 3, 2000 this leads me to think something isn't right. On this same note the document being dated Dec 28, 1999 while the people recieving it are getting it on Dec 27, 1999. Add to the fact that in order for this to be a *legal* document it must be Signed and Dated by the witnesses and the author, and/or in some cases a person regocnized by the state to do so. Further more an email can't be legally signed (yet). All in all I would call this a scare tactic. I could be wrong on any or all of these points but this is how I understand the law to apply to legal documents.
One thing we can do in this case, that we couldn't in SCO's, is simply to attack each and every MS patent methodically. The patent filings themselves are a matter of public record so we can get a list of ALL patents held by MS and proceed to collect prior art, and other evidence to invalidate them. As this data is collected it would need to be placed in public view so that anyone who is attacked by, or planning an attack on MS, in the court system can simply retrieve the data then validate it in a legal manner so it can be used in court. This will do two things. It will help anyone fighting MS in court, and it will have a serious impact on the value of their "IP". The end result is that either MS will want peace or will be unable to use this method to attack OSS. The collateral damage to their IP, while extensive and irreparable, would serve as a warning to anyone else who would attempt this type of attack.
The first reason SCO may be attacking PJ is because they honestly believe she is a PR person for IBM or their lawyers. This would help them in court possibly. I suspect they are doing this for all of the following reasons in part or in whole:
#1: Intimidate anyone who will give IBM favorable press.
#2: Drag PJ into court where she can be bound by court order not to discuss aspects of the case she was questioned on (and she would be questioned on everything).
#3: Punish PJ for giving IBM favorable press (This goes back to #1).
#4: Attempt to get PJ to say something under oath that she can be sued for (slander, libel, ect.) or charged with (Perjury for example).
#5: Delaying tactic (as mentioned many times in other posts).
#6: Simply to put a face with a name/website that SCO and/or their legal team consider an enemy.
They may other reasons but I suspect that these are the ones motivating them.
Its not so much that he's a criminal, but its the fact that he is being denied constitutional rights, although the courts have indicated that certain of these rights are not available to convicted felons (ex: the right to bear arms). However The right to free speach should **NEVER** have been abridged in this case. He is not inciting criminal activity, he is infact educating people on how to stop criminal activity similar to the crime(s) he committed.
After Loosing $80 BILLION I think Billy G. isn't the richest man in the world any more, But what would I know, I'm an American
Here's a more fitting anology: I buy a car from Brand X w/ a GPS hooked into the onboard computer. After purchasing this car I drive by a Brand Y dealership and the GPS puts a warning up saying that I'm entering an "unsafe or illegal area" and if I get too close it shuts down and refuses to start. Next I drive near COA (made up to stand for "Car Owners Association") and it does the same thing. Well, I would be unhappy. Soon afterwards I discover that a brick and mortor operation provides a list of blocked area's provided for my car, and I drive in to get a copy since their net connection is /.'d. Upon nearing their location my car warns me and shuts down. Now lets say I need my car to get someone to the emergency room (life and death situation), and in order to get to the ER I must drive by a Brand Z dealership, and my car then warns me and shuts down. I hope net access is never a life and death situation but we have all read the stories where "Mr/Ms So andSo was having a heart attack while online and got someone in a chat room to call the local police to get help." This sensorware blocks sites that are critical of it and possibly it blocks access to its competitors, which is not in the best interests of the consumer or is anti-competitive. I for one think that sensorware is no solution. The best thing for children is not some software package, but a parent/guardian/educator/ect. standing or sitting nearby watching what that child is doing. That way if it makes it onto the screen the supervising party knows whats there and not some software package that might let it slip by.* ********
//******************************************
Sony including the encryption that prevents its export was intentional. Sony has always raised a fuss over any japanese title that was exported to the us for the PSX. In order to play Japanese PSX titles you needed a Japanese console or a modified PSX console, I'm not sure about the latter. Now by including crypto they have turned it into a felony to export their console and have made it impossible to play Japanese titles on the US version. Sony will probably use the same trick on the U.S. version of their console also, so that they can render it impossible to distribute U.S. games into Japan. Its all about regional encoding, just like DVDs.* **********
//****************************************
Well, as I understand it, retroactive laws are unconstitional here in the US. However the constition has been ignored often if doing so benifits the Government or big buissiness. So, if UCITA is enforced retroactively then we would begin to see lawsuits and appeals until it reaches the supreme court. Should UCITA be struck down a new law could be passed to the same effect and the process would have to be repeated again. So if UCITA is treated retro-actively then we would be in a world of pain, and if I'm not mistaken it contains language to make it retroactive. On another related note a state law can not interefere with contracts (licenses fall under this) that precede them, see the U.S. Constitution artical 1, section 10.* ********
//******************************************
We are moving into an information based economy, and as many of the posters have mentioned information is power. The established media has realized this and wishes to retain their established position in this devloping market, and should censorware be installed by every ISP, library, home, school, and other point of access then any violence, shocking, disturbing, or interesting news would eventually be blocked requiring you to acquire the information from a more traditional source. Encylopedia publishers are probably for this since their products would again see an increased demand by schools and libraries since those valued sources of income are nolonger purchasing thier products in the quantities they once were since the internet acts as a giant encylopedia and/or library. This is based on my own observations, and I may/could/probably be wrong, But if I am would someone please correct me?
Wrong!! This would be like Someone breaking into your home, finding your gun, and then using it to kill someone. Furthermore, as to the "Running a redlight" line, **If** the car was reported stolen then you would not be responsible for the ticket. There are restrictions however, lets say your gun was stolen from your front porch then the case would be that you failed to take basic precautions to prevent the theft and therefor you would bear some responsibility for any and all crimes it was used in.
I don't own a DVD and I'm not a lawyer, but Its my understanding that tying of products is illegal in many nations and/or states. Now, all we would have to prove is that they are tying the licensed players to their DVD products. I could, and may be, wrong on this. If I am could someone please correct me on this.
Try going back to linmodems.org, there's now a binary only kernel module for the thing, problem is that on my Toshiba Satellite it causes some instability, random reboots, and the random lockups. kinda makes me wonder if it will be part of a windows compatability layer.
I will also wait for the international kernel patch to upgrade since there are fixes and new features that apply to me also, but I've already downloaded the patch so I have that much less downloading. And since you mentioned the International kernel patch we should point everybody to the place that tells them what it is and how they can setup an encypted filesystem with it.
The International Kernel Patch
and the encypted FS howto is here:
loopback encrypted filesystem HOWTO
Zach Brown's Maestro audio driver is also included in kernel 2.2.14, for many of us this is a god send. I went to Zach Brown's webpage at redhat and retrieved the driver, but many users with the same notebook computer (toshiba Satellite 1555CDS) will be glad to see it in the kernel. If you have a notebook and wonder if your unit can utilize this module do lspci and look for something along the of "ESS Technology Maestro" in there. I know there are better ways to do it, but I don't have time to list them in a manner to avoid confusing the new users.
Perhaps we should convince our favorite distro's to release their software based on the year it ships. Patched/updated versions would have the month prefixed to signify that it is newer and has new features and/or fixes. Ex. "Brand X Distro Febuary 2000" This would reduce confusion. Personally I would like to see a particular commercial Operating System keep up with a similar system.
I went to http://www.DVDCCA.org/ to see what they had to say, and according to their site they will close on Dec 24, 1999 and reopen on jan 3, 2000 this leads me to think something isn't right. On this same note the document being dated Dec 28, 1999 while the people recieving it are getting it on Dec 27, 1999. Add to the fact that in order for this to be a *legal* document it must be Signed and Dated by the witnesses and the author, and/or in some cases a person regocnized by the state to do so. Further more an email can't be legally signed (yet). All in all I would call this a scare tactic. I could be wrong on any or all of these points but this is how I understand the law to apply to legal documents.