Yeah -- An "Order to Seal" and an "Order to Close Proceedings" are two separate things --- although, in your defense, they are usually contained in one document....but to reiterate again........even if a trial is "completely open" or a county or municipality has an "open file policy" that doesn't mean that all the evidence and the black glove are sitting in a fucking file for everyone to go and see -- sorry, the law doesn't work that way -- nor does the Constitution. Releasing suppressed evidence may not be "illegal" in that the attorney won't go to jail -- but it flies in the face of the judicial system and he has ruined any respectable career prospects he has. Additionally, a lawyer not only fights for the rights of his or her client but also the integrity of the system WE ALL live under -- the Samsung lawyer obviously didn't get the memo in this case. At any rate, Samsung just fucked themselves because not only will Apple move for sanctions but also could potentially move for a mistrial and start all over.
No - the judge's job is to ensure a FAIR and IMPARTIAL trial -- and releasing excluded evidence to the press completely undermines that. Jurors aren't allowed to talk about a trial outside the courtroom -- Samsung has an even higher duty to NOT discuss the case with the media, as does Apple. The attorney, if he did release the information, should be sanctioned not only for the leak but also for making the courtroom into a theater. Its hard as shit to get evidence excluded -- if it was, there was good reason for doing so.
--Yeah--I'm a lawyer.
No, this is what happens when fat legislators write technical documents....most of whom went to sub-par law school all across the country. Lawyers are the only ones who are going to fix this problem now....so don't hate us too much. I say the democrats should float a bill protecting the tax payers from paying for any potential damages and force any damage payments to be shunted to the developer\owner of the land....lets see how many companies are vying for space on the coast to develop.
"In a semi-related note, there is a new petition to the Whitehouse to make a law that patent lawsuits that find for the defendant automatically fine the plaintiff three times the damages they were seeking."
I second this -- besides that a EULA and TOS are not contracts to begin with. EULA = End User License Agreement and TOS = Terms of Service...these are not contracts. You are licensing the USE of the software...something that has been discussed on/. over and over again....the point is, a contract and a licensing agreement are not the same thing...and thus the legal rules governing them are different.
I don't know how the Canadian court system works. But, Yes - in Britain if you lose a case -- you pay the winning party's legal fees. In the US - at a federal level attorney fees can be awarded in Civil Rights Cases under the: Civil Rights Attorney's Fees Award Act of 1976. Additionally, in some civil cases you can request attorney fees be awarded to you...but that is usually only the case if the Court is also awarding punitive damages.
Thus the part that reads, "If you cannot afford..."
Why was this modded up to 4 - "Interesting?" I would look up the requirements (i.e. lack of income requirement) for access to the public defender system in your state. In Wisconsin for example --- if you make >$260\week you are not allowed a public defender and have to provide your own council. Let's see -- $260\week -- assuming you never take any vacation -- thats less than $14K a year........basically -- you have to be EXTREMELY poor before you are given access to a public defender...and its worse in some states.
Also - I agree that coercing defendants to settle does happen -- in criminal and civil cases -- but the dockets of courts around the country are already filled -- so sure, we can "break" the system -- but unless you're willing to fight for another century to rebuild the entire judiciary -- its pointless. The reality is, trials are expensive, they suck, depending on the jurisdiction -- you may already be screwed (so settlement is your BEST option), and most people don't have the wherewithal or resources to carry a case through to final judgment.
I have no idea what the answer is -- as I see it, there is no fix or magic bullet...but, demonizing settlement of cases, or plea bargains -- is not the answer. And nor is forcing a trial on someone who will most likely be indebted for the rest of their lives paying legal and court fees -- there is no justice in that -- and in many cases -- it is a worse fate than would have come out of settling.
First:A $535 Million loan guarantee is not the same as a subsidy....so.....maybe these articles need to be vetted a little better.
Second: “Solyndra could not achieve full-scale operations rapidly enough to compete in the near term with the resources of larger foreign manufacturers,” - DUH!! And this will continue happening as long as the US is not China........so instead....we should CREATE NEW TECHNOLOGY and license it for manufacture to other countries....welcome to International Business 101
Its true - its a great ruling and a vital first step. But basing the ruling on someone piggybacking off of another persons router doesn't solve the main issue. What could be argued is that in fact (and we know its not true) an IP address does point to a person..but happened (because of open WIFI) to point to the WRONG person.
What needs to be brought up is IP address leasing...and that a particular IP could belong to countless people over a pretty short period of time...only then will we put this issue to rest.
Yeah ok - AT&T can do it and save millions of dollars (while screwing the customer)...so I guess all those other large companies in the US won't do the same thing because its "wrong" and money doesn't mean anything to them...they're not for profit right?!
Well if that's the case I;ll just take my money and invisible hand and go to another company......oh wait.....
.
....maybe my only option is not not have a phone, not have internet, not have TV....and just like never buy anything and just not do business with ANY large company that will of course change their policies to reflect the ruling? Sure...ok...you're right...its not forced...I'll just have no modern product or service that most people consider necessary to live...im better than them anyway.
Linux Mint uses a custom search to generate ad revenue. Removing the "branded" results from showing up when you're using the "awesome bar" in FF4 was a pain....but there was a pretty easy way to do it...this might work for the MediaCom problem too.....
First, do a generic search on Google (or your search engine of choice): Copy the url up to the ="Your Search Terms"
Second, go to about:config in FF
Third, Filter for browser.search.searchenginesURL
Fourth, modify the string to be the one you copied to the clipboard....now all your searchs thru the awesome bar will be routed directly to the search engine. Does this fix your issue?
No. He's right. Watch a standard DVD up-converted on an HD TV...it looks really unnaturally smooth. I could barley get thru Under Siege.....just because of the "smoothness."
How is it fair to punish a company who is buying parts from a supplier who may be supplying hundreds of other companies? Is the onus on me, as a T-Shirt retailer in the US to check the license keys of each version of MS Office that my manufactures are using? Of course not. Its just cheaper and simpler for Micro$oft to sue a US company....with a deeper pockets....
Will this stop jobs from going overseas? Do you believe that?...Besides, outsourcing is not a bad thing...the US is failing because we refuse to invest more money in R&D and are helplessly clinging to our post WWII manufacturing grandeur....Western Europe isn't bombed to shit anymore...time to move on...the US, you, and Microsoft.
Yeah Wikipedia and a show on Comedy Central are definitely my two main sources of news.....but....here's the first paragraph from the Wikipedia article:
In June 2010, the magazine Wired reported that the U.S. State Department and embassy personnel were concerned that Bradley Manning, a U.S. Army soldier who had been charged with the unauthorized download of classified material while he was stationed in Iraq, had leaked diplomatic cables. WikiLeaks rejected the report as inaccurate: "Allegations in Wired that we have been sent 260,000 classified U.S. embassy cables are, as far as we can tell, incorrect".[16][17]
Yeah..."concern" is really the same thing as having ANY sort of evidence not to mention proof...
I'm not just making an argument for the sake of argument...basing your assumptions on knee jerk logic, "OH HE LEAKED THE VIDEO SO IT MUST BE HIM THAT LEAKED THE CABLES!!" is something Fox News would (and does!) do...is that your main source of news?
How do we know the cables got leaked by Manning? All we know "for sure" is that he leaked the helicopter video......
Assuming he leaked the cables just because they were leaked in close succession with the video is not accurate. Just because we have NO EVIDENCE about who leaked the cables isn't reason to ASSUME it was him.
If I were someone trying to cover my ass I would make sure it got blamed on someone else....
Have you seen this school's website? There is no way anyone could believe its a real institution....seriously....
http://www.trivalleyuniversity.org/.....it doesn't even have a.edu address....
If you had an unlimited plan before they rolled out the metered ones -- you were grandfathered in. Even if you had unlimited on a BlackBerry and later decided to "upgrade" to an iPhone you were grandfathered in....I don't know why this is news. The loophole doesn't affect you -- there is no loophole -- just demand unlimited data from AT&T and threaten to switch if they won't give it to you for $30\month. But then again....maybe they might benefit from 10% of their iPhone users moving over to another network...on paper it may seem bad -- but in the long run it may draw new customers when the service gets "better" from less data traffic.
My rabbit growing up chewed thru a 220V upright freezer wire...got a shock..blew a fuse...and we had to replace the wire. Funny thing is, beforehand the rabbit was always very nice, calm, and friendly...post electric shock however...if you turned your back on the rabbit for even a second it would attack you and bite your feet or legs. So it begs the question, did the shock make my bunny go insane? Or was it just pissed off and blamed us for the shock?
Slashdot Mirror
You are in inspiration. Your book is pretty awesome. Thank you.
+1 for India and there working Thorium reactor!
"New Myspace" -- Pass....
Mac is UNIX bro...........
Yeah -- An "Order to Seal" and an "Order to Close Proceedings" are two separate things --- although, in your defense, they are usually contained in one document....but to reiterate again........even if a trial is "completely open" or a county or municipality has an "open file policy" that doesn't mean that all the evidence and the black glove are sitting in a fucking file for everyone to go and see -- sorry, the law doesn't work that way -- nor does the Constitution. Releasing suppressed evidence may not be "illegal" in that the attorney won't go to jail -- but it flies in the face of the judicial system and he has ruined any respectable career prospects he has. Additionally, a lawyer not only fights for the rights of his or her client but also the integrity of the system WE ALL live under -- the Samsung lawyer obviously didn't get the memo in this case. At any rate, Samsung just fucked themselves because not only will Apple move for sanctions but also could potentially move for a mistrial and start all over.
No - the judge's job is to ensure a FAIR and IMPARTIAL trial -- and releasing excluded evidence to the press completely undermines that. Jurors aren't allowed to talk about a trial outside the courtroom -- Samsung has an even higher duty to NOT discuss the case with the media, as does Apple. The attorney, if he did release the information, should be sanctioned not only for the leak but also for making the courtroom into a theater. Its hard as shit to get evidence excluded -- if it was, there was good reason for doing so. --Yeah--I'm a lawyer.
No, this is what happens when fat legislators write technical documents....most of whom went to sub-par law school all across the country. Lawyers are the only ones who are going to fix this problem now....so don't hate us too much. I say the democrats should float a bill protecting the tax payers from paying for any potential damages and force any damage payments to be shunted to the developer\owner of the land....lets see how many companies are vying for space on the coast to develop.
"In a semi-related note, there is a new petition to the Whitehouse to make a law that patent lawsuits that find for the defendant automatically fine the plaintiff three times the damages they were seeking."
That's called "treble damages."
I second this -- besides that a EULA and TOS are not contracts to begin with. EULA = End User License Agreement and TOS = Terms of Service...these are not contracts. You are licensing the USE of the software...something that has been discussed on /. over and over again....the point is, a contract and a licensing agreement are not the same thing...and thus the legal rules governing them are different.
I don't know how the Canadian court system works. But, Yes - in Britain if you lose a case -- you pay the winning party's legal fees. In the US - at a federal level attorney fees can be awarded in Civil Rights Cases under the: Civil Rights Attorney's Fees Award Act of 1976. Additionally, in some civil cases you can request attorney fees be awarded to you...but that is usually only the case if the Court is also awarding punitive damages.
Thus the part that reads, "If you cannot afford..."
Why was this modded up to 4 - "Interesting?" I would look up the requirements (i.e. lack of income requirement) for access to the public defender system in your state. In Wisconsin for example --- if you make >$260\week you are not allowed a public defender and have to provide your own council. Let's see -- $260\week -- assuming you never take any vacation -- thats less than $14K a year. .......basically -- you have to be EXTREMELY poor before you are given access to a public defender...and its worse in some states.
Also - I agree that coercing defendants to settle does happen -- in criminal and civil cases -- but the dockets of courts around the country are already filled -- so sure, we can "break" the system -- but unless you're willing to fight for another century to rebuild the entire judiciary -- its pointless. The reality is, trials are expensive, they suck, depending on the jurisdiction -- you may already be screwed (so settlement is your BEST option), and most people don't have the wherewithal or resources to carry a case through to final judgment.
I have no idea what the answer is -- as I see it, there is no fix or magic bullet...but, demonizing settlement of cases, or plea bargains -- is not the answer. And nor is forcing a trial on someone who will most likely be indebted for the rest of their lives paying legal and court fees -- there is no justice in that -- and in many cases -- it is a worse fate than would have come out of settling.
First:A $535 Million loan guarantee is not the same as a subsidy....so.....maybe these articles need to be vetted a little better. Second: “Solyndra could not achieve full-scale operations rapidly enough to compete in the near term with the resources of larger foreign manufacturers,” - DUH!! And this will continue happening as long as the US is not China.... ....so instead....we should CREATE NEW TECHNOLOGY and license it for manufacture to other countries....welcome to International Business 101
SeaQuest DSV - the dolphin's name was Darwin.
Its true - its a great ruling and a vital first step. But basing the ruling on someone piggybacking off of another persons router doesn't solve the main issue. What could be argued is that in fact (and we know its not true) an IP address does point to a person..but happened (because of open WIFI) to point to the WRONG person. What needs to be brought up is IP address leasing...and that a particular IP could belong to countless people over a pretty short period of time...only then will we put this issue to rest.
Yeah ok - AT&T can do it and save millions of dollars (while screwing the customer)...so I guess all those other large companies in the US won't do the same thing because its "wrong" and money doesn't mean anything to them...they're not for profit right?!
Well if that's the case I;ll just take my money and invisible hand and go to another company......oh wait.....
.
....maybe my only option is not not have a phone, not have internet, not have TV....and just like never buy anything and just not do business with ANY large company that will of course change their policies to reflect the ruling? Sure...ok...you're right...its not forced...I'll just have no modern product or service that most people consider necessary to live...im better than them anyway.
Linux Mint uses a custom search to generate ad revenue. Removing the "branded" results from showing up when you're using the "awesome bar" in FF4 was a pain....but there was a pretty easy way to do it...this might work for the MediaCom problem too..... First, do a generic search on Google (or your search engine of choice): Copy the url up to the ="Your Search Terms" Second, go to about:config in FF Third, Filter for browser.search.searchenginesURL Fourth, modify the string to be the one you copied to the clipboard....now all your searchs thru the awesome bar will be routed directly to the search engine. Does this fix your issue?
No...but who owns Under Siege on Blu-Ray? Really? Really?
No. He's right. Watch a standard DVD up-converted on an HD TV...it looks really unnaturally smooth. I could barley get thru Under Siege.....just because of the "smoothness."
How is it fair to punish a company who is buying parts from a supplier who may be supplying hundreds of other companies? Is the onus on me, as a T-Shirt retailer in the US to check the license keys of each version of MS Office that my manufactures are using? Of course not. Its just cheaper and simpler for Micro$oft to sue a US company....with a deeper pockets.... Will this stop jobs from going overseas? Do you believe that?...Besides, outsourcing is not a bad thing...the US is failing because we refuse to invest more money in R&D and are helplessly clinging to our post WWII manufacturing grandeur....Western Europe isn't bombed to shit anymore...time to move on...the US, you, and Microsoft.
Yeah Wikipedia and a show on Comedy Central are definitely my two main sources of news.....but....here's the first paragraph from the Wikipedia article: In June 2010, the magazine Wired reported that the U.S. State Department and embassy personnel were concerned that Bradley Manning, a U.S. Army soldier who had been charged with the unauthorized download of classified material while he was stationed in Iraq, had leaked diplomatic cables. WikiLeaks rejected the report as inaccurate: "Allegations in Wired that we have been sent 260,000 classified U.S. embassy cables are, as far as we can tell, incorrect".[16][17] Yeah..."concern" is really the same thing as having ANY sort of evidence not to mention proof... I'm not just making an argument for the sake of argument...basing your assumptions on knee jerk logic, "OH HE LEAKED THE VIDEO SO IT MUST BE HIM THAT LEAKED THE CABLES!!" is something Fox News would (and does!) do...is that your main source of news?
How do we know the cables got leaked by Manning? All we know "for sure" is that he leaked the helicopter video...... Assuming he leaked the cables just because they were leaked in close succession with the video is not accurate. Just because we have NO EVIDENCE about who leaked the cables isn't reason to ASSUME it was him. If I were someone trying to cover my ass I would make sure it got blamed on someone else....
Have you seen this school's website? There is no way anyone could believe its a real institution....seriously.... http://www.trivalleyuniversity.org/ .....it doesn't even have a .edu address....
If you had an unlimited plan before they rolled out the metered ones -- you were grandfathered in. Even if you had unlimited on a BlackBerry and later decided to "upgrade" to an iPhone you were grandfathered in....I don't know why this is news. The loophole doesn't affect you -- there is no loophole -- just demand unlimited data from AT&T and threaten to switch if they won't give it to you for $30\month. But then again....maybe they might benefit from 10% of their iPhone users moving over to another network...on paper it may seem bad -- but in the long run it may draw new customers when the service gets "better" from less data traffic.
...so do you remember the CAPTCHA phrase from those tickets you bought last week? I didn't think so...
My rabbit growing up chewed thru a 220V upright freezer wire...got a shock..blew a fuse...and we had to replace the wire. Funny thing is, beforehand the rabbit was always very nice, calm, and friendly...post electric shock however...if you turned your back on the rabbit for even a second it would attack you and bite your feet or legs. So it begs the question, did the shock make my bunny go insane? Or was it just pissed off and blamed us for the shock?