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User: nomadic

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Comments · 9,486

  1. Re:Unlikely? on 70% of P2P Users Would Stop if Warned by ISP · · Score: 3, Informative

    Just because something is stated in a ToS doesn't mean it's legally stated in a ToS.

    "If you use our service to break the law, we'll disconnect you" is likely a valid, legally binding contract clause.

  2. argh on Court Finds Spamming Not Protected By Constitution · · Score: 5, Informative

    Can we get a little editing please? You don't have to be a lawyer to know that a jury would never be able decide on the constitutionality of a statute, so you should know something is wrong with the headline right off the bat. The Virginia Supreme Court is not a jury.

  3. Re:Good for him! on Facebook Moderator Gets Subpoena in Wikileaks Case · · Score: 2, Informative

    IANAL, but this cases sounds like the posterchild to a countersuit for slander. calling him an officer of wikileaks when he is not, then trying to sue him, forcing him into legal expenses, this causing HIM harm.. sounds like the very definition of slander

    First of all I don't know if calling someone an officer of wikileaks is really that defamatory. Even if it were parties and attorneys enjoy a "litigation privilege" where you can't be held liable for defamatory statements made during the course of litigation.

  4. Re:Smuggler's dream on Wave Powered Boat to Sail From Hawaii to Japan · · Score: 1

    Since there is no need for a sail, they can ride low, leaving almost no visible, radar or sonar signature

    Do any smugglers now use actual sails? Radar was designed to detect modern ships, not sailing ones.

  5. Re:What happens next? on Geek Wins Copyright Lawsuit Against Corporation · · Score: 2, Informative

    2) I'm assuming that the defendant isn't just going to cut a check. What are his options? Can the plaintiff just show up one day at the office with a Bailiff, a court order and a moving van and start carting away 19,000 dollars worth of office equipment?

    Basically. Well, legally it's the sheriff who traditionally enforces judgments, not the bailiff, and it's a writ of garnishment rather than an order, but other than that what you said is basically right.

  6. Re:peers? on Hans Reiser and the "Geek Defense" Strategy · · Score: 1

    The jury is middle aged, middle class, small-C conservative. It draws people who make decisions in society - wield real power - simply because they are able - and willing - to put in whatever time and effort is needed to get the job done.

    Most juries I've seen have tended to be blue collar actually.

  7. Re:wow on Programmers At Work, 22 Years Later · · Score: 4, Funny

    My favorite part is the use of the word "weblog." The whole thing has a very appropriate reminiscent theme.

    At least they didn't refer to "difference engines."

  8. Re:Or on How to Convert Your HD-DVD Discs to Blu-Ray · · Score: 5, Funny

    Or you could just keep your HD DVD player.

    That's so crazy it just might work!

  9. Re:USA has no national goals on China Plans to Surpass the U.S. in Nanotech Development · · Score: 1

    Moreover, it's relatively hard to find people to practice a language with, and if you don't use it periodically you're going to start forgetting it.

    Most Europeans are ignorant of the fact that just about every American student will be taught at least one additional language, and oftentimes more than one, during their schooling. Since they typically don't really use those languages again, they lose them.

  10. Re:Unfortunately, on China Plans to Surpass the U.S. in Nanotech Development · · Score: 1

    If the Chinese government actually does put its weight behind this plan, I don't see that there's much the U.S. can do : China has the advantage of much cheaper labor, equipment, and so on and so forth, in addition to an extremely powerful, centralized government that is not at all afraid to use that power.

    What would be hilarious is if they got ahead, then the US just stole their technology like China steals the US'.

  11. Re:Timeline on Animated Film Set To Kick Off Star Wars TV Show · · Score: 1

    That's actually the whole point. The ultimate goal of a Sith is to be the single biggest badass in the galaxy. It's not about sharing power and Dark Side knowledge with a legion of potential assassins.

    Then conceptualizing "the Sith" as a group seems pointless; it's the individuals who are the actors, not a group.

  12. Re:Timeline on Animated Film Set To Kick Off Star Wars TV Show · · Score: 2, Funny

    I always took that to mean that Sith traveled in pairs, not that there were only two in the world, but I don't know.

    I thought that at first, but I remember reading something on the starwars website to say there were only two. If that's true it's kind of idiotic, the Sith survived by limiting their numbers to TWO? In a galaxy of a few trillion? A group's pretty much not surviving anymore when there only two of them. That's like saying "we figured out how to keep our army from vanishing--we're going to whittle the number of soldiers down to two and have those two guys spend their lives in hiding."

  13. Re:Joystick past usefulness on Whatever Happened To The Joystick? · · Score: 1

    I remember my first joystick I got, a Gravis 3 button job.

    The Gravis gamepads were awesome; they were ubiquitous during the early 90's. The thing that killed them was when FPSes started having 3 dimensions instead of 2.

  14. Re:Hmm.. on University Bows to RIAAs Demands for Student Names · · Score: 1

    There was a legal request for these names, under enforcement by the court, and the University was still refusing. The University should not break the law to protect the accused. If there was a legal request made for my bank account information or medical records, I would expect the bank or medical officials to release my information. Why should they break the law to protect me? Corporations should not be able to pick and choose which laws to obey and which to ignore.

    They shouldn't have ignored the subpoenas; what they should have done is just file a third party motion to quash the subpoenas and for a protective order. That way there's no danger of contempt, and they get their chance to argue against issuance of the subpoena.

  15. Re:This isn't going anywhere... on Speedcabling - Untangling For Fun and Profit · · Score: 1

    Next thing you know, you'll be talking about memory optimization for Win3.11 with QMM, filtering SAP advertisements on the WAN, or configuring TCP/IP packet drivers so you can use this new Internet program called "Mosaic."

    Have you heard of this new "token ring" invention? It is quite a promising development.

  16. Re:The Republicans lied; the filibusters had a dea on US Senate Votes Immunity For Telecoms · · Score: 1

    That's ok though, Hillary can cite her victory over John Spencer as proof that she is ready to "take on" the Republicans. After all, she's already fought them and won. It's not as if New York slants Democratic or anything.....

    She also took on Giuliani and went from polling way behind at the beginning of the campaign to beating him so badly he actually withdrew from the race rather than see his reputation among Republicans be tarnished. Also keep in mind that New York doesn't slant as Democratic as you seem to think, recently it had a fairly conservative Republican Senator in the form of that jackass Al D'Amato for 18 years, a Republican governor for 11 years, and Republican mayors of NYC for 15 years. Hillary would have a good chance of beating any Republican in the field, though I think Obama would have a better one.

  17. Re:IANAL... but then neither are you on Next Year's Laws, Now Out In Beta! · · Score: 1

    Wel IAAL, and there isn't any way in hell I'm reading that whole thing. It's very very long.

  18. Re:creates more? on Internet "Creates Pedophiles" According to "Expert" · · Score: 1

    Ohhhh...wish I had mod points. That is hilarious.

  19. hmm on Benchmarking the Benchmarks · · Score: 2, Funny

    Is your benchmark of the benchmarks accurate? We might have to benchmark it.

  20. Re:Jurisprudence on Live Blogs From the Hans Reiser Trial · · Score: 1

    See?! It works! This is why the jury system is so beautiful! (And why it sucks so bad for those of us that think a little bit) Most people suck. But the odds of everybody sucking when you get 12 random people together drops rather dramatically.

    13, actually, since a judge can (and often will) reverse a guilty verdict if he or she thinks the prosecutor hasn't made their case.

  21. Re:Beauty of OSS on Linux Kernel 2.6 Local Root Exploit · · Score: 1

    But with OSS it only takes one person to fix it and then the fix will spread like wildfire.

    Unless the kernel maintainers fail to propagate it. Then every user has to make the decision as to whether they're going to trust some anonymous coder who says his patch will fix it, and not, say, create a backdoor to their computer.

  22. Re:Thank goodness on Has Ron Paul Quit? · · Score: 1

    Because, on paper, the USSR should've been an economic dynamo,

    The USSR went from a backwater, undeveloped country to a world power in only a few decades under communism...

  23. Re:been both places on RIAA's Attack On NewYorkCountryLawyer Fails · · Score: 2, Funny

    Damn, that sucks. I knew I should have been a rock musician.

  24. Re:Oh dear God... on First Amendment Ruling Protects Internet Trolls · · Score: 1

    Remember, Karma has a cap and once you reach it, you can lose a few points and still stay excellent - so my karma stays at 'excellent' desipite the occasional downmod. And some of my posts have been the subjects of mod-wars(lots of ups and downs).

    Me too, I mean what's the fun of getting karma points if you can't spend them?

  25. been both places on RIAA's Attack On NewYorkCountryLawyer Fails · · Score: 4, Informative

    A lawyer will have many dates while a geek or nerd will have none.

    As an ex-sysadmin turned lawyer I can assure you, to my great chagrin, that is not true.