It's not a Precedent. It may apply to the parties in the case, but that is it!
A precedent is a ruling that can/is used to make other rulings. Usually this is from an appeals level courts. In Mass, if the Mass Appeals court or the Mass SJC makes a decision, it applies to other cases in Mass. Sometimes, other courts would look at thoses cases for advice. Generally the closer the court to the jurisdiction, the more weight given the decision.
Dismissed with prejudice is the way to kill a case that can't be brought again.
When you dismiss, it can be with or without prejudice. Without means that the case can be brought again. Usually that can be done by the plaintiff before the defendant answers. After their is an answer, it needs to be agreed to by the defendant or ordered by a judge.
Dismissed with prejudice mean it's dead. But a new case can't be brought unless there is a new violation that is signifantly different from what occurred before filing.
Mattel tried that trick with me. They tried to dismiss w/o prejudice in my case. This would allow them to bring it again, anywhere that Mattel had a location. Probably without anti-SLAPP statute, and maybe without free speech. Maybe they were thinking of bringing in China, where there is no free speech?
Who determines if something contains serious value?
According to censorware.org, CyberPatrol filters the rsi newsgroups. Is it a coincidence that they are litigating with an RSI injured geek and trying to get him to be silent about the lawsuit?
Some people are trying to deny the existence of the holocaust, maybe they can just filter it. Why not filter slavery and anything else embarasing?
Some of the issue may be bandwidth, but some campuses have banned servers. Really they banned linux, but Windows is ok (even though Windows can be a server).
I have read the censorship pages. I agree there should be a way to keep the kids off the "bad sites", but there should be some form of oversight. According to the censorware page, they block the misc.health.injuries.rsi.moderated newsgroup saying that it has SexActs Violence/Profanity. The non-mdoerated group had sex related spam, but the moderated group?? It also happens that they were sued (and paid over $140k) for violating the rights of an RSI injured worker. Coincidence??
I'd be really suspicious if they had blocked my site which details the lawsuit.
Both Mass. and California have some form of anti slap statute.
In my case with Mattel, I am arguing that their countersuit violates the anti-retsliation provisions of the FMLA, ADA, etc. This opens them up for unlimited puntive damages.
You got a point. The only problem, is that Reed (the Chief software engineer on CyberPatrol) is a good programmer. Sometimes I don't agree with some of his methods and techniques, but he would figure out what is going on. And then block it. But could he block a distributed technique?
People of the of the CyberWorld Unite, forget Seti, lets start SmutFinder.:)
If you embarass Mattel on the web, they will try to sue you into oblivion.
For those who don't know, I posted the information about my lawsuit against them. They filed a countersuit for libel, saying the information on the site is not true. They still continue with this countersuit after they paid over $140k to me in a judgment. If the information on the site was not true, why would they pay so much money for a lawsuit which is detailed on the site?
When I was at MSI (the original developer of Cyber Patrol), we talked (more like joked) about selling the CyberNot list as a seperate product. This would be for users who wanted an easy way to find porn.
Of course, it did not get far beyond the joking stage. I do suspect that a few people at the company kept copies of the porn lists for their own use.;). And no, I was not one of them.
It's a little hard for a company to keep a straight face when selling a list of porn site (or publishing porn themselfs) and selling an internet filter or blocker. It's along the line of a virus protection software company also selling a virus writing kit.
CyberPatrol does have a page to check their list to see if a site is on it. It does not do much good for seeing how good their list is, but at least you can check if your own site is on it.
What about Dominos (really Pizza delivery in general)? Any type of food delivery? You don't have to go shopping, you just through the boxes out the door for the trash guy to pick up.
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In a lawsuit (after filed), the dismissal with prejudice prevents it from being brought again.
When you settle, you want the case over. If you don't dismiss, the case could continue.
What about the DeCSS case? It's in California one day, then New York, then Norway.
Do you define lamer as one who sticks up for their rights?
I think you may project oo much.
A precedent is a ruling that can/is used to make other rulings. Usually this is from an appeals level courts. In Mass, if the Mass Appeals court or the Mass SJC makes a decision, it applies to other cases in Mass. Sometimes, other courts would look at thoses cases for advice. Generally the closer the court to the jurisdiction, the more weight given the decision.
When you dismiss, it can be with or without prejudice. Without means that the case can be brought again. Usually that can be done by the plaintiff before the defendant answers. After their is an answer, it needs to be agreed to by the defendant or ordered by a judge.
Dismissed with prejudice mean it's dead. But a new case can't be brought unless there is a new violation that is signifantly different from what occurred before filing.
Mattel tried that trick with me. They tried to dismiss w/o prejudice in my case. This would allow them to bring it again, anywhere that Mattel had a location. Probably without anti-SLAPP statute, and maybe without free speech. Maybe they were thinking of bringing in China, where there is no free speech?
With these laws in place a lock smith is permitted to carry lockpicking tools, but not the average person.
If it is something that is general purpose, ie. a screwdriver, it can be argued.
Just another right given up in exchange for security.
According to censorware.org, CyberPatrol filters the rsi newsgroups. Is it a coincidence that they are litigating with an RSI injured geek and trying to get him to be silent about the lawsuit?
Some people are trying to deny the existence of the holocaust, maybe they can just filter it. Why not filter slavery and anything else embarasing?
Can't load limits be implemented?
These people don't realize that they can be next.
One must be protect their rights, or they will lose them!
The anti-trust issues are secondary.
It'll probably be just like the companies that re-sell Points of Presense to ISPs.
It will help keep the government off their backs too. ;)
Mattel must be spending a fortune in lawyers for going after me and Barbie Benson's Sin Circus and going after a college kid for posting a Barbie Joke
Doesn't Windows Crash whenever you think of port?
I'd be really suspicious if they had blocked my site which details the lawsuit.
But besides that, by putting in a small wait, would make it the slowest distributed system in the world.
In my case with Mattel, I am arguing that their countersuit violates the anti-retsliation provisions of the FMLA, ADA, etc. This opens them up for unlimited puntive damages.
.
People of the of the CyberWorld Unite, forget Seti, lets start SmutFinder. :)
For those who don't know, I posted the information about my lawsuit against them. They filed a countersuit for libel, saying the information on the site is not true. They still continue with this countersuit after they paid over $140k to me in a judgment. If the information on the site was not true, why would they pay so much money for a lawsuit which is detailed on the site?
Mattel Threatened one kid who put some Barbie jokes up at school. I was informed that Mattel also is going after Barbie Benson and her site Barbie's Sin Circus for using the name Barbie. It has nothing to do with the doll (except, when you see her pic, you'll see she's a doll ;).
Of course, it did not get far beyond the joking stage. I do suspect that a few people at the company kept copies of the porn lists for their own use. ;). And no, I was not one of them.
It's a little hard for a company to keep a straight face when selling a list of porn site (or publishing porn themselfs) and selling an internet filter or blocker. It's along the line of a virus protection software company also selling a virus writing kit.
CyberPatrol does have a page to check their list to see if a site is on it. It does not do much good for seeing how good their list is, but at least you can check if your own site is on it.