I wonder what the legal recourse is no something like this. There are a number of cases where someone won by default, such as the coed vs the wild party girls tape folks [austin360.com]. Since it is not a criminal case, as such, what are the legal options.
As other people have pointed out, the plaintiff here won a default judgment because the defendant didn't show up. The defendant's position is that he was never notified of the lawsuit.
It seems, then, that (assuming that he wasn't properly notified) Mr. Whatley can appeal on grounds of failure to give sufficient notice, which is doubtless a violation of the rules of civil procedure of whatever jurisdiction the suit was filed in (the article doesn't say).
If this occurs, the appeals court would probably overturn the default judgment and remand the proceedings to a trial.
Re:Perhaps the news didn't reach me in England...
on
Collateral Damage
·
· Score: 2
Hey, did I miss something? What happened on the 9th of Novemeber?
We had this guy from Yugoslavia who started playing on the MUD I run. The problem was, he'd learned all his English from IRC and battle.net. The poor guy thought that l33tsp33k was actual English, possibly because vowel-less "thx" and "ttfn" and whatnot kind of resemble Serbo-Croatian.
He had a great grasp of English, but it was completely unreadable.
> Drunk driving is more of a problem in the US
> largely because virtually nobody lives within
> walking distance of a liquor establishment.
Bullshit, it's a cultural thing. There are such things as public transportations, taxis and designated drivers, you know.
I'd be fascinated to hear what you thought public transportation, taxis, and designated drivers had to do with "walking distance". I'm talking about people living half a block from a pub.
The federal government (theoretically) has no power to enact drunken-driving laws. (Typically called DUI or DWI - "driving under the influence" or "driving while intoxicated".)
The states all have their own legal standards, which are generally 0.08-0.10 percent blood alcohol levels. Each has its own varying penalties for DUI, multiple offenses, compounded by actually killing someone, etc.
Alcohol consumption is, in the aggregate, less socially acceptable than in the UK; actual drunk drivers are on a social plane more or less with Taliban John.
Drunk driving is more of a problem in the US largely because virtually nobody lives within walking distance of a liquor establishment.
Hey, that was fun. I got a (5.38, 1.13), which makes me a very slight authoritarian with a really strong rightist bent.
I'd bet the average Slashdotter is probably a (-3, -5), with the first number increasing sharply with the likelihood that said person has ever held a job, and the second number trending gradually upwards with age.
If more countries start doing this, MS is going to get mad.
They will contact their friends in the American government, who will also get mad.
They will be mad because of an infringement on their "sovereignty." Remember that the government considers its trade and communications channels part of its sovereign territory, even if it's outside the borders of the United States.
The protection of the MS monopoly is definitely our sovereign right, when it's construed that way.
Will there be an invasion of Korea? Not likely, but I could see some OS requirements being put into international trade regimes such as the W.T.O.
This is too clumsy to be a troll, so I'm just going to guess that it's almost unbelievably silly. The federal government of the United States does not have any interest in protecting Microsoft's monopoly. The decision of the South Korean government to purchase a product produced by a South Korean company, instead of by an American company, infringes in no way on anybody's sovereignty, and there is nobody in either the United States government nor in Microsoft who considers it to be so.
The United States government does consider its trade and communications part of its sovereignty. It would probably get upset if South Korea, say, banned the sale of American-made software products, because that is bad for trade. That is nowhere near the case here.
This shows what you get when people who honestly believe that corporations directly run the United States government go off the deep end.
You don't have to go to Universal to complain. You sue Best Buy. I can't remember the legalese, but basically, they agree that the merchandise is fit for a given use. It wasn't. They misrepresented the product. You win.
The one thing that surprises me is that the speed didn't bother him more. The biggest thing BeOS had going for it, besides that file system, was blazing, silky-smooth speed, whereas all the OS X systems I've seen dragged their butts. (Admittedly, I haven't used 10.1.)
That's what you're missing, then: the speed jump from 10.0 to 10.1 is massive, even on what now amounts to "lower-end" machines.
I will respond rather than modding here because ignorance cannot go unanswered. Res ipsa loquitur.
Where did you get this idea?!!? Television??? A graduate degree in ancient history.
In actuality Cleopatra was Egyptian. Her death at 39 was the end of Egyptian pharonic rule that was followed by Roman government. As the other respondents have pointed out, by the time of Cleopatra's death it had been a long time since there had been Egyptian pharonic rule in Egypt. A dynasty of Macedonians descended from Ptolemy had ruled since the time of Alexander the Great's death.
but certainly not the alabaster white that you seem to percieve. I do not think anyone has contended that Cleopatra was an albino.
These issues are well documented in history with membership in Egyptian society or culture not at all dependant upon race. Take a basic undergraduate history course or two and some of these "ideas" may become clearer for you. Better yet, travel to Egypt and North Africa in general. Visit museums while you are there, especially in Cairo. You'd be better off looking for Egyptian artifacts in the British Museum. Head in the main entrance and turn in to the first gallery on the left to get started. Another good source is the Museum of the Ancient Orient on the grounds of the Topkapi in Istanbul.
On the other hand, if you're interested in finding out why Cleopatra wasn't an Egyptian, try your local library. I hear "Ancient History for Dummies" is a good introductory work.
So how big are the patches? Are they small ones here and there that fix things without braking something else or are they like M$ where they fix lots of things add new features and then add more bugs at the same time?
The patches have typically been about 1-2 MB. Apple has, since the March 24 release of OS X, made available:
Apr. 14 - Software Update 1.3.1 (a small update to the software updating system itself)
Apr. 14 - Mac OS X 10.0.1 (small OS update, tweaked a few bugs)
May 1 - iTunes 1.1.1 (update to the free MP3 player, enabling CD burning)
May 1 - Mac OS X 10.0.2 (another small OS update)
May 10 - Mac OS X 10.0.3 (again)
(note: these dates might be slightly off - I'm getting this from my software updater log, and a couple of them I might have DL'ed a day after they were available)
So that averages an update every two weeks or so. Everything so far has (arguably) been minor, just fixing specific bugs rather than trying to batch up 5,000 fixes and adding 2,000 new bugs.
The software updater is very inobtrusive, incidentally... will have a look at Apple's server every so often so see if there's something you don't have, and then pops up a box letting you know that X, Y, Z (with size and detailed description) are now available if you'd like to install them. Then it putters away in the background installing them and you can watch it churn on "top" if you really like *grin*
Pardon a quibble here, but according to my copy of the Restaurant at the End of the Universe, the Ultimate Question is actually "What do you get if you multiply six by nine".
It is made pretty clear in context (and from later books) that this is the WRONG question. Arthur is descended from the Golgofrinchams, not from the original caveman inhabitants of Earth (who were the ones actually determining the Question), so he doesn't have the correct Question. The Earth program was irrevocably screwed up when the Golg. colonized Earth, more or less wiping out the cavemen.
When I was in high school, a friend of mine who was very smart (and had much too much time on his hands) figured out that six times nine does equal 42 -- provided you do it in base 13.
Douglas Adams himself once actually said in relation to this matter: "Nobody writes jokes in base 13."
Even with organizations like Stasis (non-profit that's supposed to solve this problem), who's to say that they're going to be around in 300 years? One of the guys in the Cryocare annual even says:
"Paul said he simply disagreed that a non-profit company is more secure than a for-profit company."
I'm a skeptic.
The only 300-year-old company I can think of is the Hudson's Bay Company, and that's certainly a for-profit outfit. I don't think there is anything else resembling a business that old, except possibly a bank or two in Italy.
Culturally, we have produced very little. The Stone Age people of the Andaman islands are far more advanced spiritually and philosophically than we are
This coming from someone with a Glasgow professional soccer team set as their homepage? Please. What a troll. What have *you* ever contributed, spiritually or philosophically, to the world?
*recalls why it is that he keeps reading here* Oh, yeah!
Thanks, landley, for a really informative post.
This is what Slashdot does *RIGHT*. Every time something which is genuinely technical or scientific comes up, there's actually a real chance that someone responding to it on/. will know exactly what they're talking about.
Slashdot Mirror
I wonder what the legal recourse is no something like this. There are a number of cases where someone won by default, such as the coed vs the wild party girls tape folks [austin360.com]. Since it is not a criminal case, as such, what are the legal options.
As other people have pointed out, the plaintiff here won a default judgment because the defendant didn't show up. The defendant's position is that he was never notified of the lawsuit.
It seems, then, that (assuming that he wasn't properly notified) Mr. Whatley can appeal on grounds of failure to give sufficient notice, which is doubtless a violation of the rules of civil procedure of whatever jurisdiction the suit was filed in (the article doesn't say).
If this occurs, the appeals court would probably overturn the default judgment and remand the proceedings to a trial.
Hey, did I miss something? What happened on the 9th of Novemeber?
Gunpowder, treason, and plot.
Wait, that's not right.
During the olympics there should be a total ceasefire declared by all participating countries, including the hosting country.
This year, that did not happen.
Thus, this is not the olympics.
I refuse to consider these games _olympic_ games.
Yeah! And they should be held in Olympia.
And they shouldn't have any of these silly-ass modern winter sports either.
I refuse to consider these games Olympic either.
We had this guy from Yugoslavia who started playing on the MUD I run. The problem was, he'd learned all his English from IRC and battle.net. The poor guy thought that l33tsp33k was actual English, possibly because vowel-less "thx" and "ttfn" and whatnot kind of resemble Serbo-Croatian.
He had a great grasp of English, but it was completely unreadable.
> Drunk driving is more of a problem in the US
> largely because virtually nobody lives within
> walking distance of a liquor establishment.
Bullshit, it's a cultural thing. There are such things as public transportations, taxis and designated drivers, you know.
I'd be fascinated to hear what you thought public transportation, taxis, and designated drivers had to do with "walking distance". I'm talking about people living half a block from a pub.
The federal government (theoretically) has no power to enact drunken-driving laws. (Typically called DUI or DWI - "driving under the influence" or "driving while intoxicated".)
The states all have their own legal standards, which are generally 0.08-0.10 percent blood alcohol levels. Each has its own varying penalties for DUI, multiple offenses, compounded by actually killing someone, etc.
Alcohol consumption is, in the aggregate, less socially acceptable than in the UK; actual drunk drivers are on a social plane more or less with Taliban John.
Drunk driving is more of a problem in the US largely because virtually nobody lives within walking distance of a liquor establishment.
Hey, that was fun. I got a (5.38, 1.13), which makes me a very slight authoritarian with a really strong rightist bent.
I'd bet the average Slashdotter is probably a (-3, -5), with the first number increasing sharply with the likelihood that said person has ever held a job, and the second number trending gradually upwards with age.
Oh, come on. That's like saying that a dump truck swerved suddenly into a Porsche.
More likely that the Porsche driver wasn't watching where he was going.
That was not my intention, I may have done it when I checked the link out though.
Mister Chrisd, I am so very disappointed in you.
End of line.
If more countries start doing this, MS is going to get mad.
They will contact their friends in the American government, who will also get mad.
They will be mad because of an infringement on their "sovereignty." Remember that the government considers its trade and communications channels part of its sovereign territory, even if it's outside the borders of the United States.
The protection of the MS monopoly is definitely our sovereign right, when it's construed that way.
Will there be an invasion of Korea? Not likely, but I could see some OS requirements being put into international trade regimes such as the W.T.O.
This is too clumsy to be a troll, so I'm just going to guess that it's almost unbelievably silly. The federal government of the United States does not have any interest in protecting Microsoft's monopoly. The decision of the South Korean government to purchase a product produced by a South Korean company, instead of by an American company, infringes in no way on anybody's sovereignty, and there is nobody in either the United States government nor in Microsoft who considers it to be so.
The United States government does consider its trade and communications part of its sovereignty. It would probably get upset if South Korea, say, banned the sale of American-made software products, because that is bad for trade. That is nowhere near the case here.
This shows what you get when people who honestly believe that corporations directly run the United States government go off the deep end.
Would that be a Supernovetta?
I think the term is "nanonova".
You don't have to go to Universal to complain. You sue Best Buy. I can't remember the legalese, but basically, they agree that the merchandise is fit for a given use. It wasn't. They misrepresented the product. You win.
It's called an implied warranty of merchantability (see Uniform Commercial Code section 2-314).
I take no position on whether "you win" or not, but that's what it's called.
The one thing that surprises me is that the speed didn't bother him more. The biggest thing BeOS had going for it, besides that file system, was blazing, silky-smooth speed, whereas all the OS X systems I've seen dragged their butts. (Admittedly, I haven't used 10.1.)
That's what you're missing, then: the speed jump from 10.0 to 10.1 is massive, even on what now amounts to "lower-end" machines.
Because their entertainment was more meaningful than ours.
Because their entertainment was based upon a richer and more interesting culture than ours.
> Considering Australia's size and geography, I'm surprise solar power isn't implemented on a wider scale.
Because the sun goes down.
Kind of a shame they got rid of the British Empire, really.
I only post when I have something to say. Would you have it otherwise?
ASA
The little things I could get in my big lunchbox, like nuts and bolts and all four shocks. But the big stuff we snuck out in my buddy's mobile home.
My plan went all right till we tried to put it together one night. And that's when we noticed that something was definitely wrong.
Res ipsa loquitur.
Where did you get this idea?!!? Television???
A graduate degree in ancient history.
In actuality Cleopatra was Egyptian. Her death at 39 was the end of Egyptian pharonic rule that was followed by Roman government.
As the other respondents have pointed out, by the time of Cleopatra's death it had been a long time since there had been Egyptian pharonic rule in Egypt. A dynasty of Macedonians descended from Ptolemy had ruled since the time of Alexander the Great's death.
but certainly not the alabaster white that you seem to percieve.
I do not think anyone has contended that Cleopatra was an albino.
These issues are well documented in history with membership in Egyptian society or culture not at all dependant upon race.
Take a basic undergraduate history course or two and some of these "ideas" may become clearer for you. Better yet, travel to Egypt and North Africa in general. Visit museums while you are there, especially in Cairo.
You'd be better off looking for Egyptian artifacts in the British Museum. Head in the main entrance and turn in to the first gallery on the left to get started. Another good source is the Museum of the Ancient Orient on the grounds of the Topkapi in Istanbul.
On the other hand, if you're interested in finding out why Cleopatra wasn't an Egyptian, try your local library. I hear "Ancient History for Dummies" is a good introductory work.
ASA
Cleopatra was a GREEK, folks! Not black.
For that matter, the other Egyptians weren't black either.
For that matter, neither are they today.
Where in the heck do these ideas come from?
ASA
The patches have typically been about 1-2 MB. Apple has, since the March 24 release of OS X, made available:
Apr. 14 - Software Update 1.3.1 (a small update to the software updating system itself)
Apr. 14 - Mac OS X 10.0.1 (small OS update, tweaked a few bugs)
May 1 - iTunes 1.1.1 (update to the free MP3 player, enabling CD burning)
May 1 - Mac OS X 10.0.2 (another small OS update)
May 10 - Mac OS X 10.0.3 (again)
(note: these dates might be slightly off - I'm getting this from my software updater log, and a couple of them I might have DL'ed a day after they were available)
So that averages an update every two weeks or so. Everything so far has (arguably) been minor, just fixing specific bugs rather than trying to batch up 5,000 fixes and adding 2,000 new bugs.
The software updater is very inobtrusive, incidentally... will have a look at Apple's server every so often so see if there's something you don't have, and then pops up a box letting you know that X, Y, Z (with size and detailed description) are now available if you'd like to install them. Then it putters away in the background installing them and you can watch it churn on "top" if you really like *grin*
ASA
-----------------------------------------------
It is made pretty clear in context (and from later books) that this is the WRONG question. Arthur is descended from the Golgofrinchams, not from the original caveman inhabitants of Earth (who were the ones actually determining the Question), so he doesn't have the correct Question. The Earth program was irrevocably screwed up when the Golg. colonized Earth, more or less wiping out the cavemen.
When I was in high school, a friend of mine who was very smart (and had much too much time on his hands) figured out that six times nine does equal 42 -- provided you do it in base 13.
Douglas Adams himself once actually said in relation to this matter: "Nobody writes jokes in base 13."
ASA
-----------------------------------------------
"Paul said he simply disagreed that a non-profit company is more secure than a for-profit company."
I'm a skeptic.
The only 300-year-old company I can think of is the Hudson's Bay Company, and that's certainly a for-profit outfit. I don't think there is anything else resembling a business that old, except possibly a bank or two in Italy.
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This coming from someone with a Glasgow professional soccer team set as their homepage? Please. What a troll. What have *you* ever contributed, spiritually or philosophically, to the world?
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The PowerMac built into a Smith Corona typewriter case.
The toaster modem (quite an antique).
A PowerMac 7600 built into a 1940s Zenith radio case (check out the CD-ROM drive!).
Not to mention this industrial monster...
ASA
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*recalls why it is that he keeps reading here* Oh, yeah!
/. will know exactly what they're talking about.
- -- -----------------
Thanks, landley, for a really informative post.
This is what Slashdot does *RIGHT*. Every time something which is genuinely technical or scientific comes up, there's actually a real chance that someone responding to it on
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