District courts can set precedent, but it's only persuasive, not binding. But in practice, a good district court case can be immensely useful in persuading your judge.
Well obviously IANAL. I guess the next logical question is what happens when someone feels that the federal court has disrespected the state laws.
They can just appeal the decision to the Federal appellate court, which in turn can certify the question to the state supreme court if they want, but that is at the Federal court's discretion.
What were you banking on no one reading your provided link? It says nothing about bankruptcy, the "uniform treatment" you mention is in reference to Imposts, Excises and Duties. The closest it gets to bankruptcy is the mention of debts, but its referring to debts the federal government owes.
What about the part where it says:
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Bankruptcy is in Federal Courts exclusively; state courts are not allowed to hear bankruptcy cases. However, different state laws may impact how certain aspects of the bankruptcy, including what assets are protected, are handled.
Because slashdot editors get their jobs by being friends of its founders, and don't actually do any editing. Anyway the EFF has taken credit for other organizations' wins in the past, maybe they'll do that here too...
I love brick and mortar book stores, but the B&Ns in driving distance are horrible. If the book is not part of some reading club book of the month, or by an author that was featured on one of those lists, or it is not a major seller, they do not have it.
Huh??? B&N? Every single B&N I've seen has been a large store with plenty of non-mainstream titles; you're seriously telling me if you go to the philosophy section, or the poetry section, or the sociology section, you only see the types of books you list above?
What was the moral of the story? Oh, I must have seen a different moral or had a different opinion, because I got a bad grade.
Then you went to a weird school. Any teacher I had would give you a good grade if you got something different from the book as long as you were able to back it up with a convincing explanation that showed you'd actually read the book.
I agree, the publishing industry has been even slower than the music industry in adapting to the change brought about by the internet. They're traditionalists, but that's no longer an excuse. The internet has been a major part of our culture for at least 15 years, and what's killing there business is that they never embraced and adapted to what it can offer them.
Well they were limited by available technology; we've had mp3 players since the 90s, but ebook readers have only been around for a few years now (and the prior available technology, namely LED and computer screens, was not suitable for the vast majority of readers).
I have this running joke that the only toy my kids will ever have is a block of wood. People always laugh when they hear me say it but I'm half serious. I want my kids to develop an imagination and be able to rely on it when the power goes out, when we're taking a trip in the car or when everything on TV sucks.
While if I have kids I will try to minimize their electronic time as much as possible, I will definitely get a DVD player for the car for trips. I remember as a kid, a kid with a pretty good imagination, being unbearably bored on long trips. Imagination is good if you can run around and act on it, not if you're just sitting in a car.
Never really understood the paranoia (and IAAL), I'd love to see someone try to argue that my anonymous general statements about the law on a bulletin board created an attorney-client relationship.
You're misreading the commerce clause and the case law surrounding it. This is not about a discrete physical thing, in the case of Schechter (presumably the case you mean) a chicken, that the ISP releases into the stream of commerce. The ISP here is a direct participant in the interstate commerce.
Deed restrictions! The magical device that regulates people's behavior voluntarily, without resorting to having people with guns come around and demand compliance! Deed restrictions! A great way to stop your neighbors from having a chicken farm! Deed restrictions! A great way to stop pools from being built on easements!
Uhh...ok...who do you think enforces deed restrictions?
A common myth that public sector employees believe so that they don't feel bad about agitating for automatic raises.
You are really comparing ALL workers in the private industry--including Wal-Mart greeters, janitorial staff, part-time construction workers, farm workers, etc.--against public industry employees who probably skew heavily towards college-educated? Why would you think this is a valid comparison?
Unfortunately, it is often conflated in the minds of libertarians with Homeowners Associations, which can put their own restrictions on what can and can not be built. Such restrictions are usually 100% cosmetic and 100% arbitrary. The difference is you are only required to follow their rules if you chose to live in their neighborhood.
Libertarians should love Homeowners Associations, they are the epitome of the Libertarian ideal.
The problem with the user being paramount is that there is often no quid-pro-quo whatsoever with the user. Of course they don't pay us. They don't contribute to the project. They don't help us when we ask for political lobbying against things that hurt us.
If you want quid pro quo, then I do think you're restricted to either making commercial software or just hiring out your services. You're asking users to pay a price that would actually be higher in many cases than commercial software. They should not be required to sign onto your political agenda, if that was not in the license. I think you are, no offense (and I really am not trying to offend you here) letting self-aggrandizement get the better of you. Just because you write useful software doesn't mean you have the right to command the loyalty of the people who use it.
I've got almost half a million in the bank, and can easily afford to pay my own bills, thank you very much.
Just wanted to let you know, if you blow through that because of unexpected medical bills (high probability, plenty of people with a hell of a lot more money than you have gone bankrupt because of it), I don't mind my tax dollars supporting your medicaid and emergency services. I mean, I think you're wrong, and shortsighted, but I don't want you to die because of that mistake. Peace.
I don't want to make either impossible, but I'd like to have a system where the goals of the developers are paramount over those of gate-keepers.
The goals of the user should be paramount, not the developer; once you release the code under a suitable GPL, you relinquish a level of control over how that software moves through the ecosystem (keeping only what the license allows you).
Are you really advocating a Salvation Army model of free software? "Come have this hot meal, and all you have to do in return is listen to our sermon"?
I've heard this before so will put it up here again, MS is not an innovation company, they are a marketing company
Br
So's Apple. Apple is probably the most successful marketer around, but they've never really innovated. They copied the GUI and mouse off of Xerox, the PC off anyone of a number of DIY kits that had existed before the Apple I, and several generations of smartphones and mp3 players were produced before Apple stepped into the ring, adding nothing unique.
Slashdot Mirror
District courts can set precedent, but it's only persuasive, not binding. But in practice, a good district court case can be immensely useful in persuading your judge.
Well obviously IANAL. I guess the next logical question is what happens when someone feels that the federal court has disrespected the state laws.
They can just appeal the decision to the Federal appellate court, which in turn can certify the question to the state supreme court if they want, but that is at the Federal court's discretion.
Wait, in this case the editor got his job by being the founder, I guess.
What about the part where it says:
?
Bankruptcy is in Federal Courts exclusively; state courts are not allowed to hear bankruptcy cases. However, different state laws may impact how certain aspects of the bankruptcy, including what assets are protected, are handled.
So why is EFF in the title?
Because slashdot editors get their jobs by being friends of its founders, and don't actually do any editing. Anyway the EFF has taken credit for other organizations' wins in the past, maybe they'll do that here too...
I love brick and mortar book stores, but the B&Ns in driving distance are horrible. If the book is not part of some reading club book of the month, or by an author that was featured on one of those lists, or it is not a major seller, they do not have it.
Huh??? B&N? Every single B&N I've seen has been a large store with plenty of non-mainstream titles; you're seriously telling me if you go to the philosophy section, or the poetry section, or the sociology section, you only see the types of books you list above?
What was the moral of the story? Oh, I must have seen a different moral or had a different opinion, because I got a bad grade.
Then you went to a weird school. Any teacher I had would give you a good grade if you got something different from the book as long as you were able to back it up with a convincing explanation that showed you'd actually read the book.
I agree, the publishing industry has been even slower than the music industry in adapting to the change brought about by the internet. They're traditionalists, but that's no longer an excuse. The internet has been a major part of our culture for at least 15 years, and what's killing there business is that they never embraced and adapted to what it can offer them.
Well they were limited by available technology; we've had mp3 players since the 90s, but ebook readers have only been around for a few years now (and the prior available technology, namely LED and computer screens, was not suitable for the vast majority of readers).
I'm a young fit woman . . . so why the selection?
I think, as disturbing as it is, you might have answered your own question...
I have this running joke that the only toy my kids will ever have is a block of wood. People always laugh when they hear me say it but I'm half serious. I want my kids to develop an imagination and be able to rely on it when the power goes out, when we're taking a trip in the car or when everything on TV sucks.
While if I have kids I will try to minimize their electronic time as much as possible, I will definitely get a DVD player for the car for trips. I remember as a kid, a kid with a pretty good imagination, being unbearably bored on long trips. Imagination is good if you can run around and act on it, not if you're just sitting in a car.
BTW, I'm glad to see you didn't deny that pharmaceutical regulation has killed vast numbers of people.
The material question is, has pharmaceutical regulation saved more people than its killed?
Never really understood the paranoia (and IAAL), I'd love to see someone try to argue that my anonymous general statements about the law on a bulletin board created an attorney-client relationship.
If you can escape the legal market sinkhole, do so as fast as you can.
You're misreading the commerce clause and the case law surrounding it. This is not about a discrete physical thing, in the case of Schechter (presumably the case you mean) a chicken, that the ISP releases into the stream of commerce. The ISP here is a direct participant in the interstate commerce.
Deed restrictions! The magical device that regulates people's behavior voluntarily, without resorting to having people with guns come around and demand compliance! Deed restrictions! A great way to stop your neighbors from having a chicken farm! Deed restrictions! A great way to stop pools from being built on easements!
Uhh...ok...who do you think enforces deed restrictions?
Mom&Pop ISP is Smalltown USA doe not engage in commerce among the states.
If they're providing access to a worldwide network and hosting websites accessed by people outside the state then yes they are.
A common myth that public sector employees believe so that they don't feel bad about agitating for automatic raises.
You are really comparing ALL workers in the private industry--including Wal-Mart greeters, janitorial staff, part-time construction workers, farm workers, etc.--against public industry employees who probably skew heavily towards college-educated? Why would you think this is a valid comparison?
Unfortunately, it is often conflated in the minds of libertarians with Homeowners Associations, which can put their own restrictions on what can and can not be built. Such restrictions are usually 100% cosmetic and 100% arbitrary. The difference is you are only required to follow their rules if you chose to live in their neighborhood.
Libertarians should love Homeowners Associations, they are the epitome of the Libertarian ideal.
The problem with the user being paramount is that there is often no quid-pro-quo whatsoever with the user. Of course they don't pay us. They don't contribute to the project. They don't help us when we ask for political lobbying against things that hurt us.
If you want quid pro quo, then I do think you're restricted to either making commercial software or just hiring out your services. You're asking users to pay a price that would actually be higher in many cases than commercial software. They should not be required to sign onto your political agenda, if that was not in the license. I think you are, no offense (and I really am not trying to offend you here) letting self-aggrandizement get the better of you. Just because you write useful software doesn't mean you have the right to command the loyalty of the people who use it.
I've got almost half a million in the bank, and can easily afford to pay my own bills, thank you very much.
Just wanted to let you know, if you blow through that because of unexpected medical bills (high probability, plenty of people with a hell of a lot more money than you have gone bankrupt because of it), I don't mind my tax dollars supporting your medicaid and emergency services. I mean, I think you're wrong, and shortsighted, but I don't want you to die because of that mistake. Peace.
I don't want to make either impossible, but I'd like to have a system where the goals of the developers are paramount over those of gate-keepers.
The goals of the user should be paramount, not the developer; once you release the code under a suitable GPL, you relinquish a level of control over how that software moves through the ecosystem (keeping only what the license allows you).
Are you really advocating a Salvation Army model of free software? "Come have this hot meal, and all you have to do in return is listen to our sermon"?
I've heard this before so will put it up here again, MS is not an innovation company, they are a marketing company
Br So's Apple. Apple is probably the most successful marketer around, but they've never really innovated. They copied the GUI and mouse off of Xerox, the PC off anyone of a number of DIY kits that had existed before the Apple I, and several generations of smartphones and mp3 players were produced before Apple stepped into the ring, adding nothing unique.
redefined the personal computer from hobbyist novelty to must-have business tool.
Then why didn't businesses tend to buy Apple IIs?