The issue is not Napster being bad, but of having a requirement of the tool checking for permission before any data is shared. Does the telephone check to see if you have permission to call a particular person before you are allowed to dial the number?
They leave it plugged in long enough and burn down their house or office. It's not your fault -- you were only being nice and giving them a free computer
If you ask about pay for those hours, you may be protected from being fired.
Under the Wage and hour and overtime acts, you are protected when you assert your rights (or even ask about them). Of course, they will not say they fired you for that.
BTW. Even if you are salaried, you may still be entitled to overtime pay.
If you have a domain, there is a a way of establishing the source of the address. But using a different address for each registration does take a little bit of tracking. Of course, this does not hold the against a random address generation.
But, once the accusation is made, they would have to rebut the accusation by offering proof.
Being predisposed does not mean that the muscle usage does not cause it. If you have brittle bones, fall and break your hip the fall is what caused you to break the hip. It's just that most people would not have been hurt from the fall.
My tendinitis was caused by too much typing in a bad ergonomic situation. But the supracondylar process reducing blood flow made the tendinitis easier to contract and more difficult to recover from.
The problem is $$$ and damages. It is very hard to quantify the damages. Most of the spammers claim you make millions of $$ from following their scheme, but they don't have money to make a lawsuit worthwhile.
The district attorneys won't do anything unless lots of damages can be shown, or the complainant and the spammer are in the same jurisdiction.
Actually, now if Kozmo is sued again, there is no decision to be made on the question of this being SPAM. Since it is decided by a court, the question can't be brought up again.
Trademark is supposed to properly identify a company, product, or service.
If you put in www.bigcompanyname.com, you expect to get something about bigcompanyname. Now, if you get a page saying, "Company X sucks!," it works correctly. You got, what you expected.
It is proper, as long as you don't try to confuse people and make them think you got the official company site.
There was a case in NY when someone used the company as www.bijaridesigns.com (mispelled), but when the company sued, they lost.
You can always appeal the WIPO decision to a court. Of course, that is the expensive way.
The goal of a union also is to protect their members. That is why the have the NLRB. The unions handle some disputes, not jsut over money, but working conditions, and general employment disputes.
There are times that unions are greedy. It's not greed for money, but for control. I have seen the Boston Teachers Union do some things that were not in the interest in employees, but in power. They were trying to sanction a teacher for claiming that all teachers in a school were not being treated equally (in a discrimination complaint) and were trying to hold a star chamber proceedure against this teacher. I told the building rep, that the contract sucked, her first response was, "you don't know what you are talking about." She didn't realize that I had read the contract. But, the Boston teachers had one of the best pay and benefit packages in the country.
This same issue with web publishing of newspapers and magazines is going to the Supreme Court. I think that 300% is a bit high, but if you are rebroadcasting a show, is there not due some additional compensation. Most of the SAG and AFTRA members are not paid large sums of money.
You are right, it becomes a balancing test. The threshold for restricting speech is high.
Yoru Nazi example may not be restricted unless it can be shown that this is an order to kill those Jews. Recently, there was an appeals court case that may be on point. This case ruled that putting the names of abortion doctors were could not be actionable. Even though this was linked to a death.
A few ideas.
Put good information on your website. Not just marking crap, but information people will use as a reference.
Press releases do help, but send them to appropriate locations, and the local business journals.
Classes and tutorials that are not marketing. Such as presenting to user groups on how to do X, and that gives you a chance to introduce yourself. But, as we used to say in the BCS Tech group, "if it's just marketing, you will be eaten alive."
You can use some marketing, but there has to be a good amount of meat.
Watch the news, then contact the people writing on related topics.
And finally... I wish the best of luck to anyone losing their own rights and freedoms simply because the big businesses have the resources to take them.
Only partly true. You lose your rights by not fighting for them. Some people are not able to fight back as well as others. But, if you don't fight for your rights and others rights, you will lose them!
(Interestingly, this is one of those situations that I have seen organizations such as the ACLU playing both sides. One month the ACLU sides with a company suing an employee for the employee's off-the-clock work, and the next month the ACLU sides with an employee being sued by his company. I wonder how those standards work...)
First, this is in Australia, so the ACLU is not going to be involved. The ACLU does not taking the side of employee or employer, but the side of the constitution. Free speech is free speech, even if you don't like what it is saying. If you suppress what you don't like, what will stop others from suppressing what you do like?
God did not have to register patents on the human genome. It was protected by trade secret.
Adam was instructed not to access the secrets of the genome on the tree of life, he did and he was punished. People in Babel attempted to build a tower to break into the labratory, the tower was destroyed and the people punished.
Since it took over 5000 years to for man to access the codes in the genome, access would be deemed as sufficently controlled under the DMCA.
Since copyrights were for the life of the owner plus 50 years, the automatic protection of copyright for god would be in place. Even new version of the genome is copyrightable as a derivitive work of the earlier version.
A note for trial strategy, if the case is appealled sufficiently, it ends up being tried before God.
The authorization issue is discussed in the appeal. It is discussed as if it was done in accordance with the policy and explicit permission. Many things are doen without permission and against policy without explicit permission.
If a company installs spyware, or self-helps on shutting down your system (via UCITA), is it a violation? What about if I tell X, not to use my publically accessible website; if they then access it, is it a violation? Now, what if they accessed the site unintentionally (via a link, typo)?
Back when companies actually paid attention to quality in code, they did not charge for bug fixes.
I argued with one company in 1988 that I should not have to pay for support to report their bugs to them. Later, if you were the first to report a bug to Microsoft, they would then not charge you for the upgrade.
Before, on the old days, I called in to report a problem with SoftIce.99, they told me that they knew about it and if I would like the beta version to see if that fixed the problem.
The web has helped a little so that there is an easy way to see the bug list instead of waiting 30 minutes on hold to be told that the problem was in their database.
If the UCITA had a provision to require a vendor to be responsible for their bugs, it would pass like wildfire (or at least with users).
1) It pretty much renders irrelevant the limited protections we did have against
reading other peoples' e-mail -- you can't "intercept" it, but you can read it from
the hard drive after it has been sent on. And while this decision applies to a
company reading e-mail sent from its own computers, I don't see what will keep
ISP's from reading your mail...
The statute is there to keep people from reading the mail on the ISP's system (unless you use the ISP's system to read the mail after receipt -- hotmail). Or on the systems that relay the mail to the receiving ISP. If the employer is the ISP, it may confuse the issue.
2) The guy was basically fired for reporting his employer for possible violations of
the law. If the court considered that at all, it's not in the news report -- but it
should NEVER be legal to retaliate because someone called the cops...
Actually it is statutorily illegal to retaliate for a person asserting many of their rights. There is also a public policy exception to the at-will employment doctrine. Under the NLRB rules, an employee is protected from retaliating when trying to unionize or other actions in improving workplace rules.
The write-up does not contain the courts ruling on the entire case, but only addresses the email issue. The court may still the email is not admissible because the checking of the email could have been an illegal act of retaliation. And, the checking of the email could be a seperate act of retaliation in itself.
Slashdot Mirror
The issue is not Napster being bad, but of having a requirement of the tool checking for permission before any data is shared. Does the telephone check to see if you have permission to call a particular person before you are allowed to dial the number?
They leave it plugged in long enough and burn down their house or office. It's not your fault -- you were only being nice and giving them a free computer
Under the Wage and hour and overtime acts, you are protected when you assert your rights (or even ask about them). Of course, they will not say they fired you for that.
BTW. Even if you are salaried, you may still be entitled to overtime pay.
The main problem is the positioning of the keyboard, mouse, display, and chair. I became afflicted with tendinitis while use the MS Natural keyboard.
Taking breaks and icing will help more than a $300 keyboard.
BTW - I use Northgate and Avant Stellar keyboards.
You may not agree when reading the first page, but once you have gone to another page could signify acceptance.
How many times have you been told, "oh...you have to deal with the other department; I can't do that; I'll transfer you, sit on hold for 3 hours".
But, once the accusation is made, they would have to rebut the accusation by offering proof.
If you have wrist braces supporting your wrists, the muscles that were used instead will weaken.
My tendinitis was caused by too much typing in a bad ergonomic situation. But the supracondylar process reducing blood flow made the tendinitis easier to contract and more difficult to recover from.
The problem is $$$ and damages. It is very hard to quantify the damages. Most of the spammers claim you make millions of $$ from following their scheme, but they don't have money to make a lawsuit worthwhile.
The district attorneys won't do anything unless lots of damages can be shown, or the complainant and the spammer are in the same jurisdiction.
It is proper, as long as you don't try to confuse people and make them think you got the official company site.
There was a case in NY when someone used the company as www.bijaridesigns.com (mispelled), but when the company sued, they lost.
You can always appeal the WIPO decision to a court. Of course, that is the expensive way.
The goal of a union also is to protect their members. That is why the have the NLRB. The unions handle some disputes, not jsut over money, but working conditions, and general employment disputes.
This same issue with web publishing of newspapers and magazines is going to the Supreme Court. I think that 300% is a bit high, but if you are rebroadcasting a show, is there not due some additional compensation. Most of the SAG and AFTRA members are not paid large sums of money.
Yoru Nazi example may not be restricted unless it can be shown that this is an order to kill those Jews. Recently, there was an appeals court case that may be on point. This case ruled that putting the names of abortion doctors were could not be actionable. Even though this was linked to a death.
Press releases do help, but send them to appropriate locations, and the local business journals.
Classes and tutorials that are not marketing. Such as presenting to user groups on how to do X, and that gives you a chance to introduce yourself. But, as we used to say in the BCS Tech group, "if it's just marketing, you will be eaten alive."
You can use some marketing, but there has to be a good amount of meat.Watch the news, then contact the people writing on related topics.
Adam was instructed not to access the secrets of the genome on the tree of life, he did and he was punished. People in Babel attempted to build a tower to break into the labratory, the tower was destroyed and the people punished.
Since it took over 5000 years to for man to access the codes in the genome, access would be deemed as sufficently controlled under the DMCA.
Since copyrights were for the life of the owner plus 50 years, the automatic protection of copyright for god would be in place. Even new version of the genome is copyrightable as a derivitive work of the earlier version.
A note for trial strategy, if the case is appealled sufficiently, it ends up being tried before God.
The authorization issue is discussed in the appeal. It is discussed as if it was done in accordance with the policy and explicit permission. Many things are doen without permission and against policy without explicit permission.
If a company installs spyware, or self-helps on shutting down your system (via UCITA), is it a violation? What about if I tell X, not to use my publically accessible website; if they then access it, is it a violation? Now, what if they accessed the site unintentionally (via a link, typo)?
This questions will be asked again.
I argued with one company in 1988 that I should not have to pay for support to report their bugs to them. Later, if you were the first to report a bug to Microsoft, they would then not charge you for the upgrade.
Before, on the old days, I called in to report a problem with SoftIce .99, they told me that they knew about it and if I would like the beta version to see if that fixed the problem.
The web has helped a little so that there is an easy way to see the bug list instead of waiting 30 minutes on hold to be told that the problem was in their database.
If the UCITA had a provision to require a vendor to be responsible for their bugs, it would pass like wildfire (or at least with users).
The write-up does not contain the courts ruling on the entire case, but only addresses the email issue. The court may still the email is not admissible because the checking of the email could have been an illegal act of retaliation. And, the checking of the email could be a seperate act of retaliation in itself.
OOOOOpppppssss...this isn't an MPAA/DeCSS article?
It now has the publisher on the otherside of the DMCA, doesn't it.