In a report from IBM, that I read in 1996, it's not the keyboard or the shape of the keyboard, but it is how well the keyboard fits the user. Watch the position of the keyboard to the mouse, the user, and the display. It helps to use the same keyboard at each computer that you use.
No matter how good the keyboard is, there is no substitute for proper breaks, stretching, and warm-up.
Without awards of attorney fees and costs, it won't work.
Even if filed in small claims court against a hospital or HMO, they can remove the case to federal court (based on federal question). Then, either you'd have to learn rules of procedure, or get an attorney.
With most consumer protection acts, it includes attorney fees to encourage people to assert their rights. With anti-discrimination laws, wage payment laws, fee shifting was put into place for that reason.
When there are criminal penalties, it's very difficult to get them enforced. The only time that government will press charges is in an extreme case or when someone has political connections. This does not provide much of a stick.
By providing a private right of action, along with statutory damages, it makes it easier for an individual to take action. It's very hard, in most cases, to set damages. How can you indicate what damages have occurred when your employer is notified that you took an HIV test and then fired the next day? Prove it was them knowing that you were tested as the reason you lost a job. It's the same as proving it was one item on your credit report that caused you not to get that credit card that includes air-miles.
For the record, the above incidents did not occur.
This is just another example of a large corporation using threats and intimidation to control what is said.
It's actually proper use of a trademark to talk about a specific company or product.
If I start a site that has a trademark in it to talk about the trademarked product or service, isn't that properly identifying that service? That of course is assuming that you are not trying to pass your site/product off as the protected product.
An employee of the school asked kid(s) to do something that was of potential benefit to the school. The teacher had apparent authority to do so, or at least to the student.
The school can argue that the grade is appropriate compensation. But, they can't punish for it.
If the student is charged with the crime, should not the teacher be charged? What about the software company?
If the student committed a crime, then the teacher, and the software company incited the commission of a crime. If the teacher asked the students to commit a crime, could it not be conspiracy?
Now, on the other hand, since the teacher is an employee of the school the student was authorized by the school. The student may have believed that the teacher had the authority, maybe he is due the money from the school system.
You have it backwards! Mattel/MSI/TLC violated the law (FMLA/ADA, etc)and paid a judgment for their violation.
Mattel continued with a baseless libel lawsuit, even though their own attorney admitted that I believed what I published. When a judge asked them what was libelous, Mattel moved to dismiss. Mattel is the one who tried to shake me down, Mattel tried to shake down others. Mattel has over 130 cases in only one of Federal courts; Mattel has 10 pages of cases (1 line per case) in the LA superior court. Are you saying my lawsuit against Mattel is abusing the courts more than Mattel abuses the court?
Why don't you check the facts before you jump to conclusions.
The point here is that agreements do not make binding (or advisory) case law. All an agreement does, is stop litigation. The terms of the agreement may set up terms of the agreements between the parties.
It happens that I read both the article and the ruling by the court.
Since this case won't be appealed, it means almost nothing.
A trial level court decision does not mean much, except to the parties, until there is an appeals court rules on it (or denies to rule on it, sometimes).
The issue on port scanning will come back again. It will be decided on frequency, and by whom. If you try repeated times on the same system, or using kiddie scripts it will be ruled against you.
ts amazing they even got
this far. With money like they have, anything is possible.
I saw this with the CPHack case too. In their lawsuit and request for injunction, Mattel claimed that if the injunction was not granted, they would suffer irrepreable harm. But, in an article wirtten by their attorney (Schwartz), they claimed that software was changed the next day. If the software was changed, then the encrypted stream would have to be changed. If the encryption has been changed, how can there be any further damage?
This ruling is not about the DeCSS lawsuit validity. This is about jurisidiction!
The judge is saying, that the MPAA, Mattel,RIAA, or any other large company can't bring a lawsuit against someone in a inconvient forum, just because the website/post/email can be read in that far away forum.
It's easier to defend a lawsuit when you don't have to fly across 3 timezones to appear or to investigate. It's hard enough to fight a case, when they sic 3 or more lawyers on you, but then add in having to take days off of work to defend a baseless lawsuit, it gets really bad.
Companies know this and it calculate it into their litigation strategy.
That is why people must fight back against absuive lawsuits!
If a few companies get hit with large judgments for this type of behavior, they will stop it. Or, the companies will think long and hard before using a lawsuit to silence people.
This ruling may have a larger impact than only in California. Since internet jurisdiction is unsettled, other courts may look to this for guidance.
The statute requires damage. Either in the loss of data, or the loss of computing resource. Since a portscan takes minimal resources (generally speaking) there is no damage.
Given the way the the decision is written, it would not be a violation until after I hit the on the command line of rm -F -r
You don't get free money from stolen credit cards.
If you get stolen credit card information, you get free stuff sent to you. You might be able to get people to pay you for the free stuff, but it's not directly cash.
For those who wonder how I know: Someone got my card number, from paper. I found out, when I got a call from Home Shopping Club trying to sell me an extended warranty for my new radar detector. My response was, "What new radar detector?"
The credit card company took the charges off, but beyond that, they didn't care about prosecuting the individual. The merchants had to foot the bill.
What professional organization certified you as an engineer?
Microsoft and Novell. Microsoft Certified Systems ENGINEER and Certified Netware ENGINEER.
So does that mean that you are legally liable when a system crashes? When you break rules, do you have your license suspended?
Several years ago, the Department Of Labor and a court found that software engineer is a fancy name for programmer. It was different years ago, in the days of punch cards.
Did you notice that register.com included charges under the Computer Fraud and Abuse Act. in the complaint?
I'd like to see some of the SPAM harvesters to get hit with that. Emails on websites are to be used to contact people, not to spam people. I had to take off the emails and write cgi to prevent spammers from getting the address.
I ended up selling the domain for a small amount of money, an official Mr. Bill t-shirt, and agreement on some links and forwarding.
When I first was contacted, I was a little nervous so looked at the situation to prepare for battle. Though it was a good day to die, I was glad that it didn't need to come to that.
As for Mattel, it seems as they don't want to learn -- they must be taught.
Slashdot Mirror
In a report from IBM, that I read in 1996, it's not the keyboard or the shape of the keyboard, but it is how well the keyboard fits the user. Watch the position of the keyboard to the mouse, the user, and the display. It helps to use the same keyboard at each computer that you use.
No matter how good the keyboard is, there is no substitute for proper breaks, stretching, and warm-up.
How do I know? I lived with keyboard problems.
Without awards of attorney fees and costs, it won't work.
Even if filed in small claims court against a hospital or HMO, they can remove the case to federal court (based on federal question). Then, either you'd have to learn rules of procedure, or get an attorney.
With most consumer protection acts, it includes attorney fees to encourage people to assert their rights. With anti-discrimination laws, wage payment laws, fee shifting was put into place for that reason.
When there are criminal penalties, it's very difficult to get them enforced. The only time that government will press charges is in an extreme case or when someone has political connections. This does not provide much of a stick.
By providing a private right of action, along with statutory damages, it makes it easier for an individual to take action. It's very hard, in most cases, to set damages. How can you indicate what damages have occurred when your employer is notified that you took an HIV test and then fired the next day? Prove it was them knowing that you were tested as the reason you lost a job. It's the same as proving it was one item on your credit report that caused you not to get that credit card that includes air-miles.
For the record, the above incidents did not occur.
It's actually proper use of a trademark to talk about a specific company or product.
If I start a site that has a trademark in it to talk about the trademarked product or service, isn't that properly identifying that service? That of course is assuming that you are not trying to pass your site/product off as the protected product.
The company "said" that it was unaware. Why didn't they said that there was no award? The company did not deny the award offer.Why not?
An employee of the school asked kid(s) to do something that was of potential benefit to the school. The teacher had apparent authority to do so, or at least to the student.
The school can argue that the grade is appropriate compensation. But, they can't punish for it.
If the student committed a crime, then the teacher, and the software company incited the commission of a crime. If the teacher asked the students to commit a crime, could it not be conspiracy?
Now, on the other hand, since the teacher is an employee of the school the student was authorized by the school. The student may have believed that the teacher had the authority, maybe he is due the money from the school system.
An interesting can of worms.
Hey, you didn't pay me the royalties on my breathing patent.
Mattel continued with a baseless libel lawsuit, even though their own attorney admitted that I believed what I published. When a judge asked them what was libelous, Mattel moved to dismiss. Mattel is the one who tried to shake me down, Mattel tried to shake down others. Mattel has over 130 cases in only one of Federal courts; Mattel has 10 pages of cases (1 line per case) in the LA superior court. Are you saying my lawsuit against Mattel is abusing the courts more than Mattel abuses the court?
Why don't you check the facts before you jump to conclusions.
The point here is that agreements do not make binding (or advisory) case law. All an agreement does, is stop litigation. The terms of the agreement may set up terms of the agreements between the parties.
It happens that I read both the article and the ruling by the court.
A trial level court decision does not mean much, except to the parties, until there is an appeals court rules on it (or denies to rule on it, sometimes).
The issue on port scanning will come back again. It will be decided on frequency, and by whom. If you try repeated times on the same system, or using kiddie scripts it will be ruled against you.
The judge is saying, that the MPAA, Mattel,RIAA, or any other large company can't bring a lawsuit against someone in a inconvient forum, just because the website/post/email can be read in that far away forum.
It's easier to defend a lawsuit when you don't have to fly across 3 timezones to appear or to investigate. It's hard enough to fight a case, when they sic 3 or more lawyers on you, but then add in having to take days off of work to defend a baseless lawsuit, it gets really bad.
Companies know this and it calculate it into their litigation strategy.
If a few companies get hit with large judgments for this type of behavior, they will stop it. Or, the companies will think long and hard before using a lawsuit to silence people.
This ruling may have a larger impact than only in California. Since internet jurisdiction is unsettled, other courts may look to this for guidance.
The statute requires damage. Either in the loss of data, or the loss of computing resource. Since a portscan takes minimal resources (generally speaking) there is no damage.
Given the way the the decision is written, it would not be a violation until after I hit the on the command line of rm -F -r
But, according to the article, there is no valid trademark.
Even so, it has to go the the domain name resolution process.
If you get stolen credit card information, you get free stuff sent to you. You might be able to get people to pay you for the free stuff, but it's not directly cash.
For those who wonder how I know: Someone got my card number, from paper. I found out, when I got a call from Home Shopping Club trying to sell me an extended warranty for my new radar detector. My response was, "What new radar detector?"
The credit card company took the charges off, but beyond that, they didn't care about prosecuting the individual. The merchants had to foot the bill.
Several years ago, the Department Of Labor and a court found that software engineer is a fancy name for programmer. It was different years ago, in the days of punch cards.
I'd like to see some of the SPAM harvesters to get hit with that. Emails on websites are to be used to contact people, not to spam people. I had to take off the emails and write cgi to prevent spammers from getting the address.
I ended up selling the domain for a small amount of money, an official Mr. Bill t-shirt, and agreement on some links and forwarding.
When I first was contacted, I was a little nervous so looked at the situation to prepare for battle. Though it was a good day to die, I was glad that it didn't need to come to that.
As for Mattel, it seems as they don't want to learn -- they must be taught.
Keep in mind, if Register.com wins, it may be winning based on a click-wrap license. How far do you want this click-wrap licenses to go?
By reading this, you agree to send me all your money.
I'd hope the next time that someone complains to Verizon about spam, Verison would do something about it.
Many ISPs, don't take it seriously. This might help.