Western NC is where the mountains are. I live here. These counties are in the PIedmont (maybe, I don't know where "Maiden" is). Regardless, they are most certainly not in Western NC.
This is probably because of what the law requires and how the jury is instructed. In my experience, jurors strive to do "the right thing." If they are convinced she is in violation of the law, and judge instructs them that they must choose between x and y, and that they should consider intent, etc. etc., and the law makes x and y really big numbers, then even a reasonable jury awards 1.5 million.
Now if the judge simply said, "go!" which is highly unlikely, and they came back with a number like this, then we can start blaming juries.
Probably the judge who lowered the damages was exercising some discretion that supersedes DMCA damages requirements.
"...prohibited Citizens United from publishing a film...within a certain timeframe[.] Such a law is not compatible with the 1st amendment..."
I believe that in fact the Supreme Court has ruled repeatedly that managing the time, place and manner of speech does not violate the first amendment. Think "Free Speech Zones" where protesters are corralled at conventions and GATT meetings, etc.
Not ergonomic per se, what with the curves and separation and what not, but still the most awesome keyboard ever made. I lost mine in a move, and while the new Apple keyboards are pretty darn sweet, they still can't hit that old Extended Keyboard II feel.
Someone made a post above about some similar keyboard to the Extended Keyboard II, but due to a weird display bug, I can't tell who made it. Please enlighten me.
Sorry for the late reply.
In the United States, it is the Unequivocal Law of the Land, as handed down by the Supreme Court in a really recent ruling, that if the consumer contract has a dispute resolution clause, it is up to the mediator/arbitrator to decide whether that clause (or any other) is unfair, and that finding is final.
I don't know how it is in other countries, but as the corporatist takeover marches across the globe, expect them to follow suit.
Unfortunately, most contracts require dispute resolution through a mediator of the service provider's choice, who almost always side with the service provider.
And, thanks to a recent ruling by the Supreme Court, it is up to the mediator to decide whether the mediation clause is fair.
While I don't agree with his stance on this issue, I see this as an honest, principled politician statement. It is possible to see the world from a perspective where businesses actually are the primary engine for wealth creation, and therefore economically support communities, and therefore a responsible government leader sees to it that government does not unfairly or unduly hinder business activity.
It is a bold and principled stand to state that belief in the face of an obviously suggestive question.
The answer to this question is necessary to formulate a response. Because there are Statutes, Court Decisions of varying precedential values, procedures, rules, regulations, customs, practices, restatements arguments, interpretations and more.
Each of these is potentially the basis of a government action, by an officer, by a judge, by a bureaucrat, which will indelibly affect your life.
And, all of these are constantly changing in form and power.
The closest things yet are westlaw and lexis, which try hard to be comprehensive collections of everything written down, although even they lack local rules in a lot of cases.
And, at the end of the day, at 4:55 the day a filing is due, you can walk in to the clerk, perfectly by the book prepared documents in hand, and she can say "these aren't right," and buddy, that's the law!
I haven't had a TV in my house since 2001. I watched on my computer from the indie video store, later netflix, and now the net. Incidentally, since hulu et al., my TV viewership has gone way up. I do have a big monitor in front of the couch, now.
I honestly hadn't watched any TV until Battlestar Galactaca and Lost sucked me in.
Now there's Glee, Community, Dexter...the list goes on.
p.s. it means I'm cooler since I've been without a TV longer, right?
I love PKD works. Really love them--and V.A.L.I.S. is my favorite. I've read a few pages of the Exegesis, those published by the estate so far. They read kind of like Crowley's better works, some kind of hypnotic poetry. They help put me in touch with infinity and chaos.
Regarding astro's comments, I can't think of a better way to honor his memory than to celebrate his work--all of it.
Regarding his reputation being tarnished, well, whatever. The man was in a category by himself. The only other authors who have come even close to lighting up my cortex like that are H.P. Lovecraft and E.J. Gold--not Gibson, not Orson Scott Card, not Bob Wilson.
And of course my opinion should be of the greatest value to everyone.
My office mate runs no AV. When we first started sharing an office, and I discovered she used no protection, I was shocked and convinced her to let me install one. It found no viruses or malware, and so slowed her machine she demanded I remove it, which I did.
She's a lawyer, older, and not at all tech saavy.
Of course, she never looks at porn.
...content on the web was mostly generated by amateurs in their spare time.
And it was way more informative, and way more entertaining.
And the ads were few, far between, and for stuff I might actually buy.
So there.
Because using one to look into a yard is totally fine, sans warrant, sans probable cause, sans anything. Even if nothing in the yard is otherwise perceptible to anyone. Cut to cheech and chong "swimming."
The problem with 4th amendment jurisprudence is that all of the people bringing challenges, and thus defining the law, were totally guilty. Therefore, in every case before the court, it it is easy to conclude that what ever search happened was necessarily reasonable, because it produced solid evidence of crime. Kyllo was an aberration, probably because Scalia had had oral surgery that day.
We need more people to challenge, on constitutional grounds, the searches and seizures that produced no actual evidence.
I believe this is competition the way I believe Oswald killed Kennedy.
Both MS and Google are under scrutiny as potential illegal monopolies. By creating "competitors" to each others' chief products, they both can get the SEC, etc. off their backs. Especially if the gov't doesn't really want to enforce anyway.
It doesn't matter where you go, or what you do. Just start talking, and when it feels awkward, and people give weird feedback, don't take it personally, move on, and try again. After a while, you'll be person of character, and able to interact meaningfully with everyone.
Slashdot Mirror
How much of that $1.99 is going to wikileaks, and how much of it is the author's profiteering?
I'm as quick as anyone to suspect Apple of inappropriate control, but this smells like something different.
Western NC is where the mountains are. I live here. These counties are in the PIedmont (maybe, I don't know where "Maiden" is). Regardless, they are most certainly not in Western NC.
This is probably because of what the law requires and how the jury is instructed. In my experience, jurors strive to do "the right thing." If they are convinced she is in violation of the law, and judge instructs them that they must choose between x and y, and that they should consider intent, etc. etc., and the law makes x and y really big numbers, then even a reasonable jury awards 1.5 million.
Now if the judge simply said, "go!" which is highly unlikely, and they came back with a number like this, then we can start blaming juries.
Probably the judge who lowered the damages was exercising some discretion that supersedes DMCA damages requirements.
"...prohibited Citizens United from publishing a film...within a certain timeframe[.] Such a law is not compatible with the 1st amendment..."
I believe that in fact the Supreme Court has ruled repeatedly that managing the time, place and manner of speech does not violate the first amendment. Think "Free Speech Zones" where protesters are corralled at conventions and GATT meetings, etc.
Not ergonomic per se, what with the curves and separation and what not, but still the most awesome keyboard ever made. I lost mine in a move, and while the new Apple keyboards are pretty darn sweet, they still can't hit that old Extended Keyboard II feel.
Someone made a post above about some similar keyboard to the Extended Keyboard II, but due to a weird display bug, I can't tell who made it. Please enlighten me.
Trains don't need rapid acceleration, but they do need efficient cruising speeds...
Sorry for the late reply. In the United States, it is the Unequivocal Law of the Land, as handed down by the Supreme Court in a really recent ruling, that if the consumer contract has a dispute resolution clause, it is up to the mediator/arbitrator to decide whether that clause (or any other) is unfair, and that finding is final. I don't know how it is in other countries, but as the corporatist takeover marches across the globe, expect them to follow suit.
Unfortunately, most contracts require dispute resolution through a mediator of the service provider's choice, who almost always side with the service provider. And, thanks to a recent ruling by the Supreme Court, it is up to the mediator to decide whether the mediation clause is fair.
While I don't agree with his stance on this issue, I see this as an honest, principled politician statement. It is possible to see the world from a perspective where businesses actually are the primary engine for wealth creation, and therefore economically support communities, and therefore a responsible government leader sees to it that government does not unfairly or unduly hinder business activity. It is a bold and principled stand to state that belief in the face of an obviously suggestive question.
The answer to this question is necessary to formulate a response. Because there are Statutes, Court Decisions of varying precedential values, procedures, rules, regulations, customs, practices, restatements arguments, interpretations and more.
Each of these is potentially the basis of a government action, by an officer, by a judge, by a bureaucrat, which will indelibly affect your life.
And, all of these are constantly changing in form and power.
The closest things yet are westlaw and lexis, which try hard to be comprehensive collections of everything written down, although even they lack local rules in a lot of cases.
And, at the end of the day, at 4:55 the day a filing is due, you can walk in to the clerk, perfectly by the book prepared documents in hand, and she can say "these aren't right," and buddy, that's the law!
I haven't had a TV in my house since 2001. I watched on my computer from the indie video store, later netflix, and now the net. Incidentally, since hulu et al., my TV viewership has gone way up. I do have a big monitor in front of the couch, now.
I honestly hadn't watched any TV until Battlestar Galactaca and Lost sucked me in.
Now there's Glee, Community, Dexter...the list goes on.
p.s. it means I'm cooler since I've been without a TV longer, right?
I love PKD works. Really love them--and V.A.L.I.S. is my favorite. I've read a few pages of the Exegesis, those published by the estate so far. They read kind of like Crowley's better works, some kind of hypnotic poetry. They help put me in touch with infinity and chaos.
Regarding astro's comments, I can't think of a better way to honor his memory than to celebrate his work--all of it.
Regarding his reputation being tarnished, well, whatever. The man was in a category by himself. The only other authors who have come even close to lighting up my cortex like that are H.P. Lovecraft and E.J. Gold--not Gibson, not Orson Scott Card, not Bob Wilson.
And of course my opinion should be of the greatest value to everyone.
p.s. best way to read the Exegesis is out loud.
to "average," because I'm not smart enough to know whether this was an April Fool's joke without looking at the comments.
My office mate runs no AV. When we first started sharing an office, and I discovered she used no protection, I was shocked and convinced her to let me install one. It found no viruses or malware, and so slowed her machine she demanded I remove it, which I did. She's a lawyer, older, and not at all tech saavy. Of course, she never looks at porn.
...content on the web was mostly generated by amateurs in their spare time. And it was way more informative, and way more entertaining. And the ads were few, far between, and for stuff I might actually buy. So there.
Because using one to look into a yard is totally fine, sans warrant, sans probable cause, sans anything. Even if nothing in the yard is otherwise perceptible to anyone. Cut to cheech and chong "swimming."
The problem with 4th amendment jurisprudence is that all of the people bringing challenges, and thus defining the law, were totally guilty. Therefore, in every case before the court, it it is easy to conclude that what ever search happened was necessarily reasonable, because it produced solid evidence of crime. Kyllo was an aberration, probably because Scalia had had oral surgery that day.
We need more people to challenge, on constitutional grounds, the searches and seizures that produced no actual evidence.
I believe this is competition the way I believe Oswald killed Kennedy.
Both MS and Google are under scrutiny as potential illegal monopolies. By creating "competitors" to each others' chief products, they both can get the SEC, etc. off their backs. Especially if the gov't doesn't really want to enforce anyway.
It doesn't matter where you go, or what you do. Just start talking, and when it feels awkward, and people give weird feedback, don't take it personally, move on, and try again. After a while, you'll be person of character, and able to interact meaningfully with everyone.