but you should be able to include the names and stats of the NFL teams and whatnot.
The names of the NFL teams are valuable registered trademarks. Part of the revenue stream for an NFL franchise is the right to sell merchandise with the name of the team on it (i.e. hats, jerseys, video games, etc.).
Actually, this is true - there was an OS update (one of the 10.1.* series, I think) a few years ago which led to users' RAM mysteriously disappearing. Turns out that the new OS update had imposed a more stringent startup RAM test, and bad-quality generic RAM was failing the new test and "disappearing".
OS X couldn't tell the difference between Apple-installed RAM and third-party RAM, but it could find RAM which was out of spec for the system and ignore it. If you buy RAM anywhere other than Fred's Computing Chop Shop, you're fine.
The advantages of incorporating in Delaware are considerable, but Nick DePlume's company is a limited liability corporation. Delaware's not a massively advantageous place to form an LLC, as its LLC law is similar to most states'.
IANAL yet either, but with this case Apple is better off in going with (specific) long-arm jurisdiction based on tortious conduct outside CA which caused damage in CA, rather than (general) long-arm jurisdiction based on DePlume's contacts with CA. Apple isn't going to be able to show enough business contacts with California to meet the Asashi/WWV/etc. test, unless there's something we don't know about ThinkSecret (he buys hosting in CA, his banner ad company is there, etc.).
As far as venue is concerned: DePlume will probably file to remove to federal court on diversity grounds, and then move for a change of venue to district court in Boston based on the fact that he is a poor college student, and all his records are located there.
/once wrote a reported federal opinion on personal jurisdiction
No, it isn't. The FairTax would eliminate all federal payroll taxes and personal and corporate income taxes. Further, it is likely that over the first couple of years (market forces take time) after its introduction, prices on most goods would fall by as much as 20% as the embedded taxes paid by corporations and passed on to the consumer would be lifted.
A couple years after the FairTax would be imposed, a new income tax would be levied on the highest income bracket, on grounds that "the rich" are loaded and wouldn't miss the money. Every few years, this tax rate would increase, or a new lower bracket would be created, or both, until the income tax as we presently know it would mysteriously re-emerge. We would then be stuck paying both. That is why we cannot abolish the income tax in favor of something else - because it is an absolute political certainty that we would end up with both.
It is useful to note that if Ireland were to join the United States, it would become the twenty-seventh largest state (just behind Kentucky, or behind Puerto Rico if it were a state). The parent poster has perhaps not fully considered that a tax record-keeping scheme which could be efficiently operated in one small state might not scale up to a nation one hundred times the size of Ireland.
or having your Governor appoint your Senators (#17)
Actually, under the original Constitutional system, the Senators were appointed by the state legislatures. Art. I, Sect. 3, Clause 1.
This was also an extremely good idea. Congress was originally supposed to have two houses: one to represent the general populace of the United States, through directly elected representatives, and one to be a council of all the member states, through senators chosen by those states' governments.
The idea of the Senate was supposed to be that the various state governments could communicate their concerns and desires to the general council of states at the national capital. Their delegates would discuss these matters with the delegates of the other state governments. If the peoples' own representatives and the President concurred, a law could be passed.
Instead, with the Seventeenth Amendment, we now have the same House as before, but also a redundant second House where every state gets two more super-Representatives. The member states of the federal union have been cut completely out of that union's deliberations!
This guy already made it abundantly clear that he aspires to go into the *medical profession*. The fact that a bankruptcy might prevent him from passing background checks for government or financial jobs is probably not too high on his list of concerns.
Okay, how about background checks for the medical profession? A background check for getting an auto loan will be "what is your credit score". A background check for getting a job at a hospital will be something more like this:
"Before we put you in a position of trust, caring for the physical well-being of patients and handling their confidential medical records, we would like to know: Have you ever been sued for any reason? Have you ever been sued for divulging confidential information or misappropriating intellectual property?" And he's now in a position where he has to hope that nobody cares.
Yeah, it COULD happen - but talk about backlash! Heck, I personally own 3 newer Mac systems and I'd dump them all in a heartbeat if I saw Apple do that to this guy!
That's nice. However, Slashdot or technology trade press readers (especially those who believe that Apple shouldn't protect its intellectual property) represent a relatively small proportion of Apple customers.
How about the front door? You don't have to answer anybody's questions for any reason. In order for you to "co-operate" they need 2 other things: 1. An officer of the law holding a warrant 2. Your lawyer present.
... or 3. a civil lawsuit, which is what existed in this case. If he had refused to answer, Apple would have simply demanded, after the suit was filed, that he appeared to testify. If he refused, he could and would have been held in contempt of court, and fined or jailed.
Note, IANAL, and this is based on my knowledge of Dutch law
This lawsuit was brought in the United States District Court for the Northern District of California at San Jose. Neither the United States Government nor the State of California uses the legal definition of property which is applied in the Netherlands. Furthermore, the law to be applied is called "common law", which is derived from the English legal system. The Dutch use "civil law", which comes from a different origin and which has different ideas, definitions, and traditions.
He took away Apple's right to decide who gets to use, view, handle, and test their software. That right is legally and morally recognizable property. That is the property he took.
(If this really was a big concern, most people would probably end up never having sex at all....)
Back when it really was a big concern, people tended to marry those with whom they wished to have sex. Funny how reality keeps intruding on convenience.
When you're just a student with limited finances and limited personal property, you already *know* there's not too much financial damage a corporation can do to you. (Can't get blood from a turnip, as they say.) So where's the only *true* damage coming from in a case like this? Usually, your personal credibility and respect - if you remain silent and let people run around the Internet tossing out wild accusations about you.
A corporation can still obtain a judgment against you which would drive you into bankruptcy. That would ruin your credit and make it very difficult for you to obtain things like a house later in life. (And, no, student loans aren't wiped out in bankruptcy. You're still stuck with them.) If they obtain the judgment and you don't file for bankruptcy, they can keep suing you whenever they think you might have some money, i.e. after graduation, to collect on it. In addition, having a bankruptcy, or a large judgment against you, can screw up background checks if you later want certain kinds of government or corporate jobs. (Banks and financial service companies will run background checks for any kind of position of trust. If they find "XYZ Corp. sued and won $1.1M from applicant, applicant filed for bankruptcy to avoid paying", they won't hire you. For that matter, you now have to undergo a background check if you want to become a lawyer.)
In addition, the company can gather evidence to press charges against you for criminal copyright violation.
But, hey, if you're just a student, and you were stupid enough to get involved in something like this, you're stupid enough to think that you don't need professional legal assistance in getting out of it. Trying to do the mature and respectable thing is just "lawyer weasel words".
Whether he should have known he was doing something wrong is a different matter than whether he did in fact know he was doing something wrong.
Well, no, it isn't. Typically the law requires a "reasonability" standard for knowledge - if a reasonable person should have known that they were doing wrong, that is just as good as saying that a defendant did know.
Speaking publicly in this controled manner and ignoring the defendant's rights to prevent self-incrimination was the best move he and his defense counsel could have made. No doubt about it.
Apple's suit against the Tiger leak defendants is a civil lawsuit. It does not involve criminal charges. Therefore, there is no right to remain silent to prevent self-incrimination.
This was, in fact, stupid if his legal counsel authorized the interview. They could have used the offer to go public to apologize and condemn prerelease version piracy as a bargaining chip in settlement negotiations. Instead, Apple now has a public statement by one of the defendants as evidence that they knowingly and intentionally distributed copyrighted software, which blows away any defense they might have raised that the distribution was accidental, or that legitimate confusion existed about whether they were permitted to do so.
Not really on topic, but because I thought you might be interested: at the Ohio Historical Society they have the actual, original, fanfold paper printout of the "Wow" signal on display. The whole page is, e.g., "000110001120001000" and then "0010006EQUJ500010200" with, of course, Ehman's famous note in blue ballpoint. How cool is that?
A college student is obsessing about his final exams. In the week before his big exam, he starts staying up all night to cram, pounding down pots of coffee. Finally, he starts taking amphetamines to stay wired. He has a marathon 48-hour study session right before his big final, and finally heads down to take the big test.
He's in the zone. He knows every answer and remembers every last detail. He flies through his exam, writing voluminous essays, and heads back to his room to crash.
A few hours later, he is awoken from deep sleep by his professor calling. "There's a problem with your exam," his professor tells him. "Can you come by my office?"
The student is freaking out, and runs right down there. He's greeted by his professor, who's giving him an odd look.
"What's wrong with my exam, professor? Didn't I write enough on the essays?"
The professor gives him another long look. "Young man, you wrote the entire essay in tiny letters on one line."
"Dinosaurs are extinct because they didn't have a space program."
That reminds me of an old sig I saw on a BBS once:
"Some of the more environmentally conscious dinosaurs were worried about the new iridium-enriched reactor. 'If this thing blows, only the cockroaches and mammals will survive,' they said."
Slashdot Mirror
This deal was conducted in a manner reminiscent of Ghengis Khan.
The names of the NFL teams are valuable registered trademarks. Part of the revenue stream for an NFL franchise is the right to sell merchandise with the name of the team on it (i.e. hats, jerseys, video games, etc.).
There's a 68.71 percent chance you're right.
Cute.
Actually, this is true - there was an OS update (one of the 10.1.* series, I think) a few years ago which led to users' RAM mysteriously disappearing. Turns out that the new OS update had imposed a more stringent startup RAM test, and bad-quality generic RAM was failing the new test and "disappearing".
OS X couldn't tell the difference between Apple-installed RAM and third-party RAM, but it could find RAM which was out of spec for the system and ignore it. If you buy RAM anywhere other than Fred's Computing Chop Shop, you're fine.
The advantages of incorporating in Delaware are considerable, but Nick DePlume's company is a limited liability corporation. Delaware's not a massively advantageous place to form an LLC, as its LLC law is similar to most states'.
As far as venue is concerned: DePlume will probably file to remove to federal court on diversity grounds, and then move for a change of venue to district court in Boston based on the fact that he is a poor college student, and all his records are located there.
So after the handful of people that are both rich & interested have taken the trip, what's Sir Richard going to do with his space travel business?
He's going to use the profits from the early adopters to reduce the price, and develop a much larger target market.
and separate sole proprietorship
Sole proprietorship? Pay out a few more $$$ to an attorney and set up an LLC instead! Running a sole proprietorship in this day and age is crazy.
Note: I am not a lawyer. This does not constitute legal advice, and is not the solicitation of legal representation.
No, it isn't. The FairTax would eliminate all federal payroll taxes and personal and corporate income taxes. Further, it is likely that over the first couple of years (market forces take time) after its introduction, prices on most goods would fall by as much as 20% as the embedded taxes paid by corporations and passed on to the consumer would be lifted.
A couple years after the FairTax would be imposed, a new income tax would be levied on the highest income bracket, on grounds that "the rich" are loaded and wouldn't miss the money. Every few years, this tax rate would increase, or a new lower bracket would be created, or both, until the income tax as we presently know it would mysteriously re-emerge. We would then be stuck paying both. That is why we cannot abolish the income tax in favor of something else - because it is an absolute political certainty that we would end up with both.
It is useful to note that if Ireland were to join the United States, it would become the twenty-seventh largest state (just behind Kentucky, or behind Puerto Rico if it were a state). The parent poster has perhaps not fully considered that a tax record-keeping scheme which could be efficiently operated in one small state might not scale up to a nation one hundred times the size of Ireland.
or having your Governor appoint your Senators (#17)
Actually, under the original Constitutional system, the Senators were appointed by the state legislatures. Art. I, Sect. 3, Clause 1.
This was also an extremely good idea. Congress was originally supposed to have two houses: one to represent the general populace of the United States, through directly elected representatives, and one to be a council of all the member states, through senators chosen by those states' governments.
The idea of the Senate was supposed to be that the various state governments could communicate their concerns and desires to the general council of states at the national capital. Their delegates would discuss these matters with the delegates of the other state governments. If the peoples' own representatives and the President concurred, a law could be passed.
Instead, with the Seventeenth Amendment, we now have the same House as before, but also a redundant second House where every state gets two more super-Representatives. The member states of the federal union have been cut completely out of that union's deliberations!
This guy already made it abundantly clear that he aspires to go into the *medical profession*. The fact that a bankruptcy might prevent him from passing background checks for government or financial jobs is probably not too high on his list of concerns.
Okay, how about background checks for the medical profession? A background check for getting an auto loan will be "what is your credit score". A background check for getting a job at a hospital will be something more like this:
"Before we put you in a position of trust, caring for the physical well-being of patients and handling their confidential medical records, we would like to know: Have you ever been sued for any reason? Have you ever been sued for divulging confidential information or misappropriating intellectual property?" And he's now in a position where he has to hope that nobody cares.
Yeah, it COULD happen - but talk about backlash! Heck, I personally own 3 newer Mac systems and I'd dump them all in a heartbeat if I saw Apple do that to this guy!
That's nice. However, Slashdot or technology trade press readers (especially those who believe that Apple shouldn't protect its intellectual property) represent a relatively small proportion of Apple customers.
1. An officer of the law holding a warrant
2. Your lawyer present.
Note, IANAL, and this is based on my knowledge of Dutch law
This lawsuit was brought in the United States District Court for the Northern District of California at San Jose. Neither the United States Government nor the State of California uses the legal definition of property which is applied in the Netherlands. Furthermore, the law to be applied is called "common law", which is derived from the English legal system. The Dutch use "civil law", which comes from a different origin and which has different ideas, definitions, and traditions.
He didn't take it. He copied it.
He took away Apple's right to decide who gets to use, view, handle, and test their software. That right is legally and morally recognizable property. That is the property he took.
(If this really was a big concern, most people would probably end up never having sex at all....)
Back when it really was a big concern, people tended to marry those with whom they wished to have sex. Funny how reality keeps intruding on convenience.
A corporation can still obtain a judgment against you which would drive you into bankruptcy. That would ruin your credit and make it very difficult for you to obtain things like a house later in life. (And, no, student loans aren't wiped out in bankruptcy. You're still stuck with them.) If they obtain the judgment and you don't file for bankruptcy, they can keep suing you whenever they think you might have some money, i.e. after graduation, to collect on it. In addition, having a bankruptcy, or a large judgment against you, can screw up background checks if you later want certain kinds of government or corporate jobs. (Banks and financial service companies will run background checks for any kind of position of trust. If they find "XYZ Corp. sued and won $1.1M from applicant, applicant filed for bankruptcy to avoid paying", they won't hire you. For that matter, you now have to undergo a background check if you want to become a lawyer.)
In addition, the company can gather evidence to press charges against you for criminal copyright violation.
But, hey, if you're just a student, and you were stupid enough to get involved in something like this, you're stupid enough to think that you don't need professional legal assistance in getting out of it. Trying to do the mature and respectable thing is just "lawyer weasel words".
Whether he should have known he was doing something wrong is a different matter than whether he did in fact know he was doing something wrong.
Well, no, it isn't. Typically the law requires a "reasonability" standard for knowledge - if a reasonable person should have known that they were doing wrong, that is just as good as saying that a defendant did know.
Apple's suit against the Tiger leak defendants is a civil lawsuit. It does not involve criminal charges. Therefore, there is no right to remain silent to prevent self-incrimination.
This was, in fact, stupid if his legal counsel authorized the interview. They could have used the offer to go public to apologize and condemn prerelease version piracy as a bargaining chip in settlement negotiations. Instead, Apple now has a public statement by one of the defendants as evidence that they knowingly and intentionally distributed copyrighted software, which blows away any defense they might have raised that the distribution was accidental, or that legitimate confusion existed about whether they were permitted to do so.
Heck, I figure you could get about 1.21 gigawatts easily.
Not really on topic, but because I thought you might be interested: at the Ohio Historical Society they have the actual, original, fanfold paper printout of the "Wow" signal on display. The whole page is, e.g., "000110001120001000" and then "0010006EQUJ500010200" with, of course, Ehman's famous note in blue ballpoint. How cool is that?
By that rationale: the occasional missing Mars probes are really just being locked in play. One more and NASA gets Multiball!
This is a classic urban legend:
A college student is obsessing about his final exams. In the week before his big exam, he starts staying up all night to cram, pounding down pots of coffee. Finally, he starts taking amphetamines to stay wired. He has a marathon 48-hour study session right before his big final, and finally heads down to take the big test.
He's in the zone. He knows every answer and remembers every last detail. He flies through his exam, writing voluminous essays, and heads back to his room to crash.
A few hours later, he is awoken from deep sleep by his professor calling. "There's a problem with your exam," his professor tells him. "Can you come by my office?"
The student is freaking out, and runs right down there. He's greeted by his professor, who's giving him an odd look.
"What's wrong with my exam, professor? Didn't I write enough on the essays?"
The professor gives him another long look. "Young man, you wrote the entire essay in tiny letters on one line."
"Dinosaurs are extinct because they didn't have a space program."
That reminds me of an old sig I saw on a BBS once:
"Some of the more environmentally conscious dinosaurs were worried about the new iridium-enriched reactor. 'If this thing blows, only the cockroaches and mammals will survive,' they said."