The key to these laws in these states is "covert", even if not explicitly stated in the law.
If the camera is in plain view, anywhere, it is not "covert". If there are signs posted, it is not "covert".
Recall, this is an issue with the so-called "nanny-cams", several cases of which are still winding through the courts; the defense being that it is within the walls of the home negates the issue of being "covert", as one can do anything within reason within one's own home.
It does not, however, trump the consent to be recorded issue, though that's usually done by the court "in the interest and furtherance of justice".
This does, however, raise an interesting possibility...
Taken as presented, it is possible that by stating "I do not consent to being recorded" when pulled over by a highway patrol officer, any attempt to use that recording for conviction may be voidable since it negates Fifth Amendment rights to remain silent (and assuming that you don't blather on thinking that your words automagically protect your Fifth Amendment rights). Pleading the Fifth, then continuing to talk, is seen as waiving the Fifth by the courts.
By extension, this might apply to the use of radar; while courts recognize "plain view" as acceptable, the fact that an officer has to use a sophisticated device to record your actions without your consent (which is not granted by the issuance and acceptance of a driver's license, by the way), negates the "plain view" applicability here. You can grow marijuana in your back yard, and the police may suspect, but many a potential conviction has been tossed out because an officer placed a brick or box down and used it to stand on to look over the fence. "Plain view" means "plain view", not "plain view if you use something to get past what's blocking your ability to see".
Mr. Gannon may have an interesting precedent looming in any pending court action on his arrest.
I'm in the process of changing from ATT to Cingular finally, and you're the second person to tell me about a $20 unlimited internet access from Cingular.
The best I can find on their site or reps is $39.99/month for "Data Connect Unlimited", which has to be purchased with a minimum $39.99/month talk plan.
The other person I spoke with was an HP exec, and I figured it was a HP-negotiated pricing plan; but barring you being corporate, can you tell what this plan is for $20/month, and any details (connectivity, speeds, etc.)?
When one can show Dell's R&D budget to be more than 10% of any other company's R&D, I'll believe that Dell "invented" something.
However, most of their "R&D" is actually industrial espionage, stealing the work and designs of other companies whenever they can't license it off.
It's kind of fascinating to see who's design Dell rips off with each new "innovation" that they present to the public, still hiding their Linux sales, and still bowing and scraping to Intel.
The review posted is for the RC800, not the RC700 on the amazon site.
I've got an RC700, and the only difficult thing about it was the basic instructions being unclear, with no simple explanation on how to clear the memory.
Other than that, it has come in quite handy, and even intimidating...when looking up public records at government offices, the clerk tends to panic when you whip it out of your sleeve and start scanning the paperwork into it. Especially when it is one of those "cannot leave the counter to view" documents...
Next week, I have an appointment with my HMO to review my records; I'm going to scan my entire medical history folder for placement into a thumb drive, so it's available in case of accident outside my local provider.
Wish I had known the RC800 was due out, but I'm happy with the RC700.
These tests are redundant to prevent misdiagnosis; I know, because I've got a "false positive" condition that comes up as AIDS too often. Rather than going to one source, look to others for more information.
Then look up "John Moore" in the "human patent" case to see what this poor sap is in for...
"Stimpson was tested three times in August 2002 at the Victoria clinic for sexual health in central London and the results showed he was producing HIV antibodies to fight the disease."
"In October 2003, after impressing doctors with his good health, Stimpson was offered a new test, which came back negative. Further tests in December 2003 and March last year also proved negative."
"The tests were re-checked by the Chelsea and Westminster Healthcare NHS Trust when Stimpson threatened litigation believing there must be a mistake, but the results confirmed all the tests had been accurate."
First, his wanting compensation was his initial reaction...you are told you have HIV, an incurable disease, and you plan what remains of your life. Then, the doctor says, "Ooops! We're wrong! You're going to live!"
Immediate reaction: Sue the moron who screwed up your test. And anyone who says otherwise is a liar, because you know we all would do just that in any typical situation, right?
However, in his likely initial investigation, with solicitor in tow, he finds out that, DAMN! He is cured after all!
WTF?
Now...stop and consider the situation.
He's cured. He's alive. Barring suicide or accident, he's now the world's documented repository for The Cure for AIDS.
He's facing a life sentence now, literally, of being drained of his blood on a regular basis, having it shipped all over the world, and essentially being better protected than George W. Bush visiting a gay cowboy coke bar.
Unless and until they can isolate his factor, whether blood, genetic, mutational or whatever, he is going to be a prisoner of his condition...and Ghod help him if some pharmaceutical corporate patents his blood and makes him pay up or give up.
Whether he wants to cooperate or not is going to be moot...sooner or later, he will be drafted/conscripted/incarcerated under some obscure public safety law and turned into State property in the UK/SCotland. If he were in the US, he'd be stamped "PROPERTY OF HALLIBURTON" and turned into a rich person's personal inoculation center.
He may _want_ to cooperate and be sure everyone who needs to be is cured.
Reality, on the other hand, is likely smashing him in the face and making him well aware of what the future holds for him.
His only hope is that we find others like him, or find out it's a relatively simple procedure to duplicate what his body is doing and mass-produce it...and even then, it's highly doubtful that the medical companies will ever let him see a penny for it.
It may be prudent to make a detailed separation of issues, to segregate "work" from "personal", but do not fail to include issues of "licensing".
For instance, you may write code that is "personal" but would not be bad for "work", and vice versa.
This not only benefits both parties by making such material easily transferable without any re-drafting of the agreement, but also helps identify and protect any "grey areas" that might come up. Something along the lines of "in cases where it is not clear as to the specific purposes, both parties agree to share the license".
Don't rely on a 'gentlemans agreement'; if your boss gets disappeared from being your supervisor, the next one may not be a gentleman you'd want to agree with...
A native of Bozeman, Montana, Braga was educated at Kent State University and The University of California, Santa Cruz, studying Theater Arts and Filmmaking. He began his career in entertainment in 1990 when he received the Academy of Television Arts & Sciences Writing Internship that led to a writing/producing post on Star Trek: The Next Generation. In all, he has written more than 100 Star Trek episodes.
My point remains, however...NO PRACTICAL TELEVISION EXPERIENCE TO USE TO CREATE.
An intern is handed the power?
Perhaps a geek's wet dream of power, but in the real world of trying to produce a television program?
Sorry...regardless of his resume, he has no real strengths to handle TREK save his own ego.
Let's look at the facts, as presented by Braga in his own Paramount-controlled biography:
Berman joined the Paramount family in 1984 as director of current programming, overseeing Cheers, Family Ties and Webster. Within a year, he was named executive director of dramatic programming, overseeing the development of the telefilms, mini-series and specials including the epic "Space," "Wallenberg: A Hero's Story" and ABC's top-rated MacGyver. He was promoted in May 1986 to vice president, longform and special projects for Paramount Network Television, overseeing the development of telefilms, mini-series and specials. In 1987, he was selected by Gene Roddenberry to join him as he created Star Trek: The Next Generation. In 1991, following Roddenberry's death, Berman took over the reins for Star Trek.
Prior to joining Paramount, he was director of dramatic development for Warner Bros. Television. He was an independent producer on numerous projects from 1982-1984, including What on Earth, an informational series for HBO, and "The Primal Mind," a one-hour award-winning special for PBS. From 1977-1982, he was senior producer of The Big Blue Marble, for which he won an Emmy for Outstanding Children's Series.
In short, no real experience in actually producing television drama, let alone science fiction, in his repertoire.
No wonder he sees LOST as a 'good' program; he would see LOST IN SPACE as a 'good' program given his lack of ability to adequately produce a program. He sees it as 'good' because _anything_ would be better than what he himself has done.
Following his "logic", then Stephen King doesn't sell books because there's "only so much we can take"; the same applies to LAW AND ORDER, to tapioca pudding, or to holding your own baby after it eats.
What unmitigated gall!
Braga and Berman are mediocre hacks, at best, who are summary examples of the "those that can, do" symptomology of bad television, having never actually produced anything in the genre before taking over one of the most well-known, if not well-loved cultural icons that spans the globe.
It's not "oversaturation" that's the issue; it's their inability to be creative, to conceptualize outside their own limited imaginations, and failure to understand that you _can_ bring in outsiders 'not of your tribe' to carry the concept forward.
They want full credit, and to achieve that, they demand total control...and the TREK franchise suffers because of their egos.
Remove them from TREK and start a new series, and it will stay on the air at least five years, if not more.
J. Michael Strascynzki has offered to take the helm; I understand that even Kevin Smith has shown an interest as well as many others...
But it's interesting to see that despite this show of interest, Braga and Berman insist that 'they know best', and are pulling the plug for a few years, and screw anyone who thinks other than as they do.
It's not hard to connect the dots here...nor to assign the blame and responsibility.
I had almost given up on ENTERPRISE last season, when I heard that Berman and Braga were essentially stepping back and letting Coto take over as producer.
My reasons for giving up were the pointless story arcs and liberal re-imagining of the TREK Universe until it was barely comparable to the initial vision of Roddenberry...and being a survivor of the "Arnold Wars" for the heart and soul of Trek, I saw this coming a long time ago.
When I found that Berman and Braga had written ENTERPRISE into a corner last season for Coto to resolve without help, it showed Berman and Braga for what they were...petulant weasels who desired all credit and spread all blame.
Considering what Coto was left with, he did a brilliant job of pulling the series out of the corner, and eliminating the 'Time Wars' arc at the same time.
But Berman and Braga had done their damage...if the fans didn't like _their_ version of TREK, then Coto would be the 'fall guy' for their errors...and he is.
Berman and Braga are _NOT_ science fiction fans, let alone writers...they are TV hacks, trying to cash in on the work and imagination of others, and being given the keys to the kingdom through control of TREK.
They wrested control of the TREK franchise from Gene when he had his stroke, and they cut out Majel, reducing her to comic relief or computer voices. They ignored quality of content for T&A and shoot-em-ups.
A simple check of IMDB on their records indicates that they have no real experience in production of programming, aside from the pocket universe of TREK; it's not unreasonable to presume that they chafed under Roddenberry's "rules" and decided to change the TREK Universe completely to their own interpretations.
Mind you, this is not to argue that the TREK Universe is inviolate...but their interpretation of the original concepts that Roddenberry laid out bear little or no resemblance to those concepts.
We could do worse than Manny Coto...in fact, we _have_ done worse with Berman and Braga.
We would all be better served by getting Paramount to remove those two and letting Coto, or anyone else with a _real_ programming/writing background, take over the TREK Universe.
Roddenberry created his universe with people who have worked on cop shows, soap operas, adventure shows and films, and all manner of programs, having done the same himself.
Berman and Braga have incestuously drawn the circle of TREK so tightly that it has developed the same stagnation we would see in inbred hillfolk...the hideous and pointless sterility that we would expect has hit TREK because of them.
Dump Berman and Braga...let in some 'fresh' genetic material to allow TREK to regenerate as it moves along, and not lock it away for Berman and Braga to continue screwing it all up again.
The problem is endemic to the whole of the world, but also provides it's own solution.
The biggest hurdle is whether or not you want to stay in the same geographic location...and I don't mean going outside your own nation.
There are numerous areas that are "sub-metropolitan", non-Silicon Valley/Prairie/Plains, which are trying to develop their own IT culture.
These may or may not one day be industrial giants as Sunnyvale or Redmond, but they exist in much the same way...and with large numbers of non-multinational, local businesses that need immediate development and support infrastructure.
Ranches trying to compete against the international market, for example, need to have the ability to compete with computerized testing and reporting; local manufacturers need to have marketing strategies to compete against foreign competitors by automating and adjusting.
I'm over 40 myself, and I am making a comfortable living doing this type of work, and seeing how an organization or two, built along the lines of the Sears Service Network, are moving into these same "sub-metro" areas, by hiring local talent to be their "eyes and hands" in such venues...and also seeing the frustration that these local businesses have because they don't get the same or consistent quality of services or support.
In point of fact, our business model is doing just that, taking over from these "national" service groups and literally being an 'off-site' IT department, both software and hardware oriented, to aid and assist these businesses.
From there, it is a matter of gathering the people with the needed qualifications, and making sure that each and every one is on track with current and prevailing certifications.
Some of my competitors are single-person independents; some are small corporations with full staffing and support. But all of us are making good business in a "sub-metro" environment and seeing good times for at least the next 15-20 years...or until one of the "national" groups gets the funding to buy us out and make us direct employees.
You cannot remove all of the seed that you plant. There will be some that you plant which does not immediately germinate, and there will be some that spills off into the soil from the original stock.
If that "excess" plants, then the farmer is in violation of the contract unknowingly and unwittingly.
Further, there is the issue of the mature plants spreading to non-contracted farms and fields, "contaminating" the seed stock there with the contracted genetic code, and thus causing an otherwise innocent farmer to be charged and convicted with piracy, if not outright grand theft.
And, lest we forget, we then have a crop of "pirate" plants which will be destroyed, removing the farmer's source of income in addition to the burgeoning legal bills, all because his fields were too close to some poor schmuck who signed a contact.
Consider that California has, in the Assembly alone, some 80 separate offices...one for each Assembly member, both in Sacramento and in their home district.
I recently did some repair work in one of these District offices and got involved in a conversation about internet and access.
Keep in mind, California already has an internal phone system for all State offices, which many counties within California also access.
What has happened is that SBC has convinced the General Services of Calfornia that the State can "save millions" by buying and paying for DSL service from SBC.
For the Assembly alone, that's 160 _separate_ DSL accounts, all running at 384K.
Not such a problem? Consider why I was at their office...
It took four hours for the people in the District office to print something from the servers in Sacramento.
Every server within Sacramento is connected by a T-3/OC-12. Regional offices (California is divided into 12 regions for resource allocations) are connected by T-1 or better.
I fell back to the non-technobabble explanation of them having a drinking straw for internet and Sacramento having a firehose in terms of bandwidth and latency, and they seemed to understand it.
But the irksome part of the whole is that someone in General Services was stupid enough to buy into and use the SBC explanation to "save money", and never bothered to investigate the _real_ costs.
By the end of the year, every office not in Sacramento or in a regional facility will be dropped from all connections except ATSS (internal phone system) and SBC DSL connects.
The one point that may be lost to the casual reader is that the conglomerates were the biggest stumbling block to the allocation of Low Power FM (LPFM) radio stations going on the air.
With marginal engineering claims that "channel adjacency" would cause "undue interference" (read: get people to listen to something else in a virtually closed market owned by Clear Channel, for example), LPFM has been sidetracked and slowed from expanding to fill local community needs.
As well, this could also assist in 'breaking the back' of Clear Channel in its efforts to become the entertainment monopoly, controlling not only who it is that plays concerts at local venues, but the 'reverse payola' of not giving airplay to artists that aren't a part of the Clear Channel "stable of stars".
Now, if only the National Lawyers Guild would finish their legal challenge to the Communications Act of 1934...
Is there a tool that literally _blocks_ installations unless and until one can review whatever the hell is being thrown on one's system?
Just a question, nothing more...
Been There, Done That, Must Fight
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Who Owns The Facts?
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· Score: 4, Informative
I worked for a web firm that was hit with a threatened lawsuit for "copyright infringement", and did the legal research for my boss that included a guerilla study of the FEIST v RURAL decision about eight years ago...
I don't think many of the comments truly understand just how much information is on a typical web site, both on the page and in the server, that would be subject to a reversal of FEIST.
In our case, to give an idea, we presented a "how to" for homeowners on repairing common appliances and when to call the professionals.
Consider this...there are only so many ways that you can say: "Replace the worn part."
That's what we were threatened over; C&D letters and responses flying around, and out of the midst of this, researching for an attorney on our side, I ran across FEIST and Shepardized it out.
We ran with it, pointing out the case, reinforcing the decision, and having the weight of a unanimous Supreme Court decision behind it.
We won. The other guys backed down. We passed the word to a few other web sites being similarly threatened, and the attornies ran like vampires in sunlight.
But this _simple_ of an example, where a common and expected phrase becomes part of a "database", shows how HR 3261 can be applied to us all if it should pass.
This bill needs to be stopped...not just for the threat to the internet, but to basic research, to common students trying to do term papers, to authors trying to write, to even repeating breaking news from a web site or the TV.
A co-worker turned me on to Fred's column a couple of days ago, and I've been running a few tests that may or may not have a bearing on reality...
The cheap-ass CompUSSR CD-R with and without their corporate logo were the main object of testing.
In a nutshell, the pre-printed logo CD-R survived the label removal much better than the generic no-name blank did, though you _could_ screw up the printed one just as badly with a little effort.
We're going to get everyone in the office to offer up a sacrificial CD-R of choice to conduct more tests, and I will also introduce my co-workers to the Round Table Rate-A-Record system with the office microwave...
The FCC has mandated that all commercial and non-commercial stations are to be "digital" under a system known as "In Band On Channel (IBOC)" (which has undergone several name changes since first mandated).
Since all radio stations are now licensed for analog broadcast of MPAA materials under ASCAP/BMI/SESAC (the major artist licensing groups that make up MPAA, along with the recording industry itself), does this not mean that all stations will now have to apply for and pay to get license/permission to play materials in digital formats?
This could wipe out a lot of small stations, both commercial and non-commercial, and allow the megacorps like Clear Channel to control all such media, and essentially censor by exclusion any music that they deem to be "unfriendly".
It's not "creative accounting"...it's called "Studio Math".
Studios arbitrarily state that a movie must make 3xCost to make a profit; if a movie costs $10million, it must make $30million to break even.
The expenses are the cost of the production, the cost of advertising/promotion, and the cost of distribution.
What the public does _not_ know is that promotion is an arbitrary figure, and distribution is a set amount established each year when the NATO Group (National Association of Theatre Owners) say how many theatres are willing to open a film a year in advance of release!
Realistically, post-production expenses are less than a _third_ of production cost...that $10million movie only costs $3.5million to hype and ship.
So where does the rest of the "expense" come in?
First, it's to pay for any frill or perks the stars may expense the studio, like Eddie Murphy's requirement for a custom-designed home where he films, or Julia Roberts' wanting hand-shaved virgin duck testicles melted in aged Tibetan yak butter, or any other ludicrous item or device.
Second, it's used to cover studio expenses even _marginally_ related to a film. Jack Valenti says that he can hear the sound stage buzzer in Studio 8 when the doors are open on Studio 3 a mile away...so Valenti orders multi-million dollar soundproofing or weatherproofing or smearing the walls with lamb's blood, and charges it to HOWARD THE DUCK's post-production expenses.
Read the trial transcripts and summaries for the lawsuit Art Buchwald filed on Eddie Murphy and the production of COMING TO AMERICA, which is the best explanation of "Studio Math"
You too can learn how TITANIC is considered a _loss_ by the two studios who paid for it, and guess how much of a tax write-off they got for it (140% of expenses is the last rumor).
20th Century Fox declared STAR WARS a money maker only _after_ it was pointed out that there was no possible way a $10million film making over $500million could be a "loss".
Interesting to note on the section 6 "General Conditions" segment the heart of the problem.
By entering, each entrant forfeits to Sponsor all rights to content of his/her entry (including the essay) and the concepts embodied therein. Entrant unconditionally assigns and transfers to Sponsor all rights, title, interest and claim, which it now has or may in the future have to the entries or any element(s) thereafter including, without limitation, the copyright therein. Sponsor shall have right to use, alter, assign or dispose of such entries however it sees fit without approval of entrants. Permission is also granted for Sponsor to publish entry in perpetuity in any medium it may see fit including, but not limited to, website, television, radio and/or printed materials. Entrants shall not receive any compensation or credit for use of entries, other than that disclosed in these rules. Entrants agree to be bound by the terms of these Official Rules.
The idea must be new and unpublished, but at the same time, all your rights are belong to Microsoft. So, even if you own a patent or trademark on it, by entering, you are:
Disqualified automatically
Lose all interest in the concept
Lose any right to sue/earn from this contest aside from the prize money
What a concept! Win by losing! That's the Microsoft way!
Attended seminar on this, work with public radio station.
Average cost per station to upgrade: $80,000 to $350,000, depending on wattage
Average cost in licensing technology: $20,000 to $70,000
Average cost of home/car receiver: $120 to $400
Net effects: Forced change in SCA (sub carrier authorization) schemes will cause SCA users to engage new equipment, or abandon it.
Signal loss in terms of reach/distance as well as clarity: Delta-V...you'll get "CD quality" for about 1/3 of the present "FM quality" signal, as IBOC mandates each station to broadcast 10% of current wattage. At 2/3 of present "FM quality" signal, you'll start noting degradation of signal.
At the limits of present "FM quality" signal, IBOC will be AM quality or worse.
Ultimate scheme? To utilize the 'blank' areas on the FM dial and increase available channels. The "blank areas" are the 'even number' settings (91.2, 94.4, 101.8) that analog technology interferes with.
Net result? More channels, shorter broadcast range, reduced overall signal quality, forced introduction of new technology on consumers as well as businesses/non-profits running stations.
Biggest problem? Will force elimination of non-profit/public radio stations that can't affort the ~$500,000 to access this technology.
Slashdot Mirror
The key to these laws in these states is "covert", even if not explicitly stated in the law.
If the camera is in plain view, anywhere, it is not "covert". If there are signs posted, it is not "covert".
Recall, this is an issue with the so-called "nanny-cams", several cases of which are still winding through the courts; the defense being that it is within the walls of the home negates the issue of being "covert", as one can do anything within reason within one's own home.
It does not, however, trump the consent to be recorded issue, though that's usually done by the court "in the interest and furtherance of justice".
This does, however, raise an interesting possibility...
Taken as presented, it is possible that by stating "I do not consent to being recorded" when pulled over by a highway patrol officer, any attempt to use that recording for conviction may be voidable since it negates Fifth Amendment rights to remain silent (and assuming that you don't blather on thinking that your words automagically protect your Fifth Amendment rights). Pleading the Fifth, then continuing to talk, is seen as waiving the Fifth by the courts.
By extension, this might apply to the use of radar; while courts recognize "plain view" as acceptable, the fact that an officer has to use a sophisticated device to record your actions without your consent (which is not granted by the issuance and acceptance of a driver's license, by the way), negates the "plain view" applicability here. You can grow marijuana in your back yard, and the police may suspect, but many a potential conviction has been tossed out because an officer placed a brick or box down and used it to stand on to look over the fence. "Plain view" means "plain view", not "plain view if you use something to get past what's blocking your ability to see".
Mr. Gannon may have an interesting precedent looming in any pending court action on his arrest.
I'm in the process of changing from ATT to Cingular finally, and you're the second person to tell me about a $20 unlimited internet access from Cingular.
The best I can find on their site or reps is $39.99/month for "Data Connect Unlimited", which has to be purchased with a minimum $39.99/month talk plan.
The other person I spoke with was an HP exec, and I figured it was a HP-negotiated pricing plan; but barring you being corporate, can you tell what this plan is for $20/month, and any details (connectivity, speeds, etc.)?
When one can show Dell's R&D budget to be more than 10% of any other company's R&D, I'll believe that Dell "invented" something.
However, most of their "R&D" is actually industrial espionage, stealing the work and designs of other companies whenever they can't license it off.
It's kind of fascinating to see who's design Dell rips off with each new "innovation" that they present to the public, still hiding their Linux sales, and still bowing and scraping to Intel.
The review posted is for the RC800, not the RC700 on the amazon site.
I've got an RC700, and the only difficult thing about it was the basic instructions being unclear, with no simple explanation on how to clear the memory.
Other than that, it has come in quite handy, and even intimidating...when looking up public records at government offices, the clerk tends to panic when you whip it out of your sleeve and start scanning the paperwork into it. Especially when it is one of those "cannot leave the counter to view" documents...
Next week, I have an appointment with my HMO to review my records; I'm going to scan my entire medical history folder for placement into a thumb drive, so it's available in case of accident outside my local provider.
Wish I had known the RC800 was due out, but I'm happy with the RC700.
Rural vs. Feist. 9-0 decision by the Supremes.
Only takes an idiot to pass a law to violate that.
Oh, wait...that's what we have in Washington, DC!
These tests are redundant to prevent misdiagnosis; I know, because I've got a "false positive" condition that comes up as AIDS too often. Rather than going to one source, look to others for more information.
3 40,00.html#121
Then look up "John Moore" in the "human patent" case to see what this poor sap is in for...
http://www.timesonline.co.uk/article/0,,2087-1870
"Stimpson was tested three times in August 2002 at the Victoria clinic for sexual health in central London and the results showed he was producing HIV antibodies to fight the disease."
"In October 2003, after impressing doctors with his good health, Stimpson was offered a new test, which came back negative. Further tests in December 2003 and March last year also proved negative."
"The tests were re-checked by the Chelsea and Westminster Healthcare NHS Trust when Stimpson threatened litigation believing there must be a mistake, but the results confirmed all the tests had been accurate."
First, his wanting compensation was his initial reaction...you are told you have HIV, an incurable disease, and you plan what remains of your life. Then, the doctor says, "Ooops! We're wrong! You're going to live!"
Immediate reaction: Sue the moron who screwed up your test. And anyone who says otherwise is a liar, because you know we all would do just that in any typical situation, right?
However, in his likely initial investigation, with solicitor in tow, he finds out that, DAMN! He is cured after all!
WTF?
Now...stop and consider the situation.
He's cured. He's alive. Barring suicide or accident, he's now the world's documented repository for The Cure for AIDS.
He's facing a life sentence now, literally, of being drained of his blood on a regular basis, having it shipped all over the world, and essentially being better protected than George W. Bush visiting a gay cowboy coke bar.
Unless and until they can isolate his factor, whether blood, genetic, mutational or whatever, he is going to be a prisoner of his condition...and Ghod help him if some pharmaceutical corporate patents his blood and makes him pay up or give up.
Whether he wants to cooperate or not is going to be moot...sooner or later, he will be drafted/conscripted/incarcerated under some obscure public safety law and turned into State property in the UK/SCotland. If he were in the US, he'd be stamped "PROPERTY OF HALLIBURTON" and turned into a rich person's personal inoculation center.
He may _want_ to cooperate and be sure everyone who needs to be is cured.
Reality, on the other hand, is likely smashing him in the face and making him well aware of what the future holds for him.
His only hope is that we find others like him, or find out it's a relatively simple procedure to duplicate what his body is doing and mass-produce it...and even then, it's highly doubtful that the medical companies will ever let him see a penny for it.
Too cynical? Too bad.
It may be prudent to make a detailed separation of issues, to segregate "work" from "personal", but do not fail to include issues of "licensing".
For instance, you may write code that is "personal" but would not be bad for "work",
and vice versa.
This not only benefits both parties by making such material easily transferable without any re-drafting of the agreement, but also helps identify and protect any "grey areas" that might come up. Something along the lines of "in cases where it is not clear as to the specific purposes, both parties agree to share the license".
Don't rely on a 'gentlemans agreement'; if your boss gets disappeared from being your supervisor, the next one may not be a gentleman you'd want to agree with...
My apologies: Here's Braga's bio:
A native of Bozeman, Montana, Braga was educated at Kent State University and The University of California, Santa Cruz, studying Theater Arts and Filmmaking. He began his career in entertainment in 1990 when he received the Academy of Television Arts & Sciences Writing Internship that led to a writing/producing post on Star Trek: The Next Generation. In all, he has written more than 100 Star Trek episodes.
My point remains, however...NO PRACTICAL TELEVISION EXPERIENCE TO USE TO CREATE.
An intern is handed the power?
Perhaps a geek's wet dream of power, but in the real world of trying to produce a television program?
Sorry...regardless of his resume, he has no real strengths to handle TREK save his own ego.
Let's look at the facts, as presented by Braga in his own Paramount-controlled biography:
Berman joined the Paramount family in 1984 as director of current programming, overseeing Cheers, Family Ties and Webster. Within a year, he was named executive director of dramatic programming, overseeing the development of the telefilms, mini-series and specials including the epic "Space," "Wallenberg: A Hero's Story" and ABC's top-rated MacGyver. He was promoted in May 1986 to vice president, longform and special projects for Paramount Network Television, overseeing the development of telefilms, mini-series and specials. In 1987, he was selected by Gene Roddenberry to join him as he created Star Trek: The Next Generation. In 1991, following Roddenberry's death, Berman took over the reins for Star Trek.
Prior to joining Paramount, he was director of dramatic development for Warner Bros. Television. He was an independent producer on numerous projects from 1982-1984, including What on Earth, an informational series for HBO, and "The Primal Mind," a one-hour award-winning special for PBS. From 1977-1982, he was senior producer of The Big Blue Marble, for which he won an Emmy for Outstanding Children's Series.
In short, no real experience in actually producing television drama, let alone science fiction, in his repertoire.
No wonder he sees LOST as a 'good' program; he would see LOST IN SPACE as a 'good' program given his lack of ability to adequately produce a program. He sees it as 'good' because _anything_ would be better than what he himself has done.
Following his "logic", then Stephen King doesn't sell books because there's "only so much we can take"; the same applies to LAW AND ORDER, to tapioca pudding, or to holding your own baby after it eats.
What unmitigated gall!
Braga and Berman are mediocre hacks, at best, who are summary examples of the "those that can, do" symptomology of bad television, having never actually produced anything in the genre before taking over one of the most well-known, if not well-loved cultural icons that spans the globe.
It's not "oversaturation" that's the issue; it's their inability to be creative, to conceptualize outside their own limited imaginations, and failure to understand that you _can_ bring in outsiders 'not of your tribe' to carry the concept forward.
They want full credit, and to achieve that, they demand total control...and the TREK franchise suffers because of their egos.
Remove them from TREK and start a new series, and it will stay on the air at least five years, if not more.
J. Michael Strascynzki has offered to take the helm; I understand that even Kevin Smith has shown an interest as well as many others...
But it's interesting to see that despite this show of interest, Braga and Berman insist that 'they know best', and are pulling the plug for a few years, and screw anyone who thinks other than as they do.
It's not hard to connect the dots here...nor to assign the blame and responsibility.
I had almost given up on ENTERPRISE last season, when I heard that Berman and Braga were essentially stepping back and letting Coto take over as producer.
My reasons for giving up were the pointless story arcs and liberal re-imagining of the TREK Universe until it was barely comparable to the initial vision of Roddenberry...and being a survivor of the "Arnold Wars" for the heart and soul of Trek, I saw this coming a long time ago.
When I found that Berman and Braga had written ENTERPRISE into a corner last season for Coto to resolve without help, it showed Berman and Braga for what they were...petulant weasels who desired all credit and spread all blame.
Considering what Coto was left with, he did a brilliant job of pulling the series out of the corner, and eliminating the 'Time Wars' arc at the same time.
But Berman and Braga had done their damage...if the fans didn't like _their_ version of TREK, then Coto would be the 'fall guy' for their errors...and he is.
Berman and Braga are _NOT_ science fiction fans, let alone writers...they are TV hacks, trying to cash in on the work and imagination of others, and being given the keys to the kingdom through control of TREK.
They wrested control of the TREK franchise from Gene when he had his stroke, and they cut out Majel, reducing her to comic relief or computer voices. They ignored quality of content for T&A and shoot-em-ups.
A simple check of IMDB on their records indicates that they have no real experience in production of programming, aside from the pocket universe of TREK; it's not unreasonable to presume that they chafed under Roddenberry's "rules" and decided to change the TREK Universe completely to their own interpretations.
Mind you, this is not to argue that the TREK Universe is inviolate...but their interpretation of the original concepts that Roddenberry laid out bear little or no resemblance to those concepts.
We could do worse than Manny Coto...in fact, we _have_ done worse with Berman and Braga.
We would all be better served by getting Paramount to remove those two and letting Coto, or anyone else with a _real_ programming/writing background, take over the TREK Universe.
Roddenberry created his universe with people who have worked on cop shows, soap operas, adventure shows and films, and all manner of programs, having done the same himself.
Berman and Braga have incestuously drawn the circle of TREK so tightly that it has developed the same stagnation we would see in inbred hillfolk...the hideous and pointless sterility that we would expect has hit TREK because of them.
Dump Berman and Braga...let in some 'fresh' genetic material to allow TREK to regenerate as it moves along, and not lock it away for Berman and Braga to continue screwing it all up again.
The problem is endemic to the whole of the world, but also provides it's own solution.
The biggest hurdle is whether or not you want to stay in the same geographic location...and I don't mean going outside your own nation.
There are numerous areas that are "sub-metropolitan", non-Silicon Valley/Prairie/Plains, which are trying to develop their own IT culture.
These may or may not one day be industrial giants as Sunnyvale or Redmond, but they exist in much the same way...and with large numbers of non-multinational, local businesses that need immediate development and support infrastructure.
Ranches trying to compete against the international market, for example, need to have the ability to compete with computerized testing and reporting; local manufacturers need to have marketing strategies to compete against foreign competitors by automating and adjusting.
I'm over 40 myself, and I am making a comfortable living doing this type of work, and seeing how an organization or two, built along the lines of the Sears Service Network, are moving into these same "sub-metro" areas, by hiring local talent to be their "eyes and hands" in such venues...and also seeing the frustration that these local businesses have because they don't get the same or consistent quality of services or support.
In point of fact, our business model is doing just that, taking over from these "national" service groups and literally being an 'off-site' IT department, both software and hardware oriented, to aid and assist these businesses.
From there, it is a matter of gathering the people with the needed qualifications, and making sure that each and every one is on track with current and prevailing certifications.
Some of my competitors are single-person independents; some are small corporations with full staffing and support. But all of us are making good business in a "sub-metro" environment and seeing good times for at least the next 15-20 years...or until one of the "national" groups gets the funding to buy us out and make us direct employees.
You miss the larger point.
You cannot remove all of the seed that you plant. There will be some that you plant which does not immediately germinate, and there will be some that spills off into the soil from the original stock.
If that "excess" plants, then the farmer is in violation of the contract unknowingly and unwittingly.
Further, there is the issue of the mature plants spreading to non-contracted farms and fields, "contaminating" the seed stock there with the contracted genetic code, and thus causing an otherwise innocent farmer to be charged and convicted with piracy, if not outright grand theft.
And, lest we forget, we then have a crop of "pirate" plants which will be destroyed, removing the farmer's source of income in addition to the burgeoning legal bills, all because his fields were too close to some poor schmuck who signed a contact.
Consider that California has, in the Assembly alone, some 80 separate offices...one for each Assembly member, both in Sacramento and in their home district.
I recently did some repair work in one of these District offices and got involved in a conversation about internet and access.
Keep in mind, California already has an internal phone system for all State offices, which many counties within California also access.
What has happened is that SBC has convinced the General Services of Calfornia that the State can "save millions" by buying and paying for DSL service from SBC.
For the Assembly alone, that's 160 _separate_ DSL accounts, all running at 384K.
Not such a problem? Consider why I was at their office...
It took four hours for the people in the District office to print something from the servers in Sacramento.
Every server within Sacramento is connected by a T-3/OC-12. Regional offices (California is divided into 12 regions for resource allocations) are connected by T-1 or better.
I fell back to the non-technobabble explanation of them having a drinking straw for internet and Sacramento having a firehose in terms of bandwidth and latency, and they seemed to understand it.
But the irksome part of the whole is that someone in General Services was stupid enough to buy into and use the SBC explanation to "save money", and never bothered to investigate the _real_ costs.
By the end of the year, every office not in Sacramento or in a regional facility will be dropped from all connections except ATSS (internal phone system) and SBC DSL connects.
The one point that may be lost to the casual reader is that the conglomerates were the biggest stumbling block to the allocation of Low Power FM (LPFM) radio stations going on the air.
With marginal engineering claims that "channel adjacency" would cause "undue interference" (read: get people to listen to something else in a virtually closed market owned by Clear Channel, for example), LPFM has been sidetracked and slowed from expanding to fill local community needs.
As well, this could also assist in 'breaking the back' of Clear Channel in its efforts to become the entertainment monopoly, controlling not only who it is that plays concerts at local venues, but the 'reverse payola' of not giving airplay to artists that aren't a part of the Clear Channel "stable of stars".
Now, if only the National Lawyers Guild would finish their legal challenge to the Communications Act of 1934...
Is there a tool that literally _blocks_ installations unless and until one can review whatever the hell is being thrown on one's system?
Just a question, nothing more...
I worked for a web firm that was hit with a threatened lawsuit for "copyright infringement", and did the legal research for my boss that included a guerilla study of the FEIST v RURAL decision about eight years ago...
I don't think many of the comments truly understand just how much information is on a typical web site, both on the page and in the server, that would be subject to a reversal of FEIST.
In our case, to give an idea, we presented a "how to" for homeowners on repairing common appliances and when to call the professionals.
Consider this...there are only so many ways that you can say: "Replace the worn part."
That's what we were threatened over; C&D letters and responses flying around, and out of the midst of this, researching for an attorney on our side, I ran across FEIST and Shepardized it out.
We ran with it, pointing out the case, reinforcing the decision, and having the weight of a unanimous Supreme Court decision behind it.
We won. The other guys backed down. We passed the word to a few other web sites being similarly threatened, and the attornies ran like vampires in sunlight.
But this _simple_ of an example, where a common and expected phrase becomes part of a "database", shows how HR 3261 can be applied to us all if it should pass.
This bill needs to be stopped...not just for the threat to the internet, but to basic research, to common students trying to do term papers, to authors trying to write, to even repeating breaking news from a web site or the TV.
A co-worker turned me on to Fred's column a couple of days ago, and I've been running a few tests that may or may not have a bearing on reality...
The cheap-ass CompUSSR CD-R with and without their corporate logo were the main object of testing.
In a nutshell, the pre-printed logo CD-R survived the label removal much better than the generic no-name blank did, though you _could_ screw up the printed one just as badly with a little effort.
We're going to get everyone in the office to offer up a sacrificial CD-R of choice to conduct more tests, and I will also introduce my co-workers to the Round Table Rate-A-Record system with the office microwave...
Then we'll see what happens to DVD-R/+R...
The FCC has mandated that all commercial and non-commercial stations are to be "digital" under a system known as "In Band On Channel (IBOC)" (which has undergone several name changes since first mandated).
Since all radio stations are now licensed for analog broadcast of MPAA materials under ASCAP/BMI/SESAC (the major artist licensing groups that make up MPAA, along with the recording industry itself), does this not mean that all stations will now have to apply for and pay to get license/permission to play materials in digital formats?
This could wipe out a lot of small stations, both commercial and non-commercial, and allow the megacorps like Clear Channel to control all such media, and essentially censor by exclusion any music that they deem to be "unfriendly".
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Wonder what this is going to do to the Teledesic project that Bill has been quietly funding for the past few years?
Won't get far, unless this guy can get his passed...
http://www.smartcar.com/
Such a foolish waste of resources _not_ to let these things go ahead...
It's not "creative accounting"...it's called "Studio Math".
Studios arbitrarily state that a movie must make 3xCost to make a profit; if a movie costs $10million, it must make $30million to break even.
The expenses are the cost of the production, the cost of advertising/promotion, and the cost of distribution.
What the public does _not_ know is that promotion is an arbitrary figure, and distribution is a set amount established each year when the NATO Group (National Association of Theatre Owners) say how many theatres are willing to open a film a year in advance of release!
Realistically, post-production expenses are less than a _third_ of production cost...that $10million movie only costs $3.5million to hype and ship.
So where does the rest of the "expense" come in?
First, it's to pay for any frill or perks the stars may expense the studio, like Eddie Murphy's requirement for a custom-designed home where he films, or Julia Roberts' wanting hand-shaved virgin duck testicles melted in aged Tibetan yak butter, or any other ludicrous item or device.
Second, it's used to cover studio expenses even _marginally_ related to a film. Jack Valenti says that he can hear the sound stage buzzer in Studio 8 when the doors are open on Studio 3 a mile away...so Valenti orders multi-million dollar soundproofing or weatherproofing or smearing the walls with lamb's blood, and charges it to HOWARD THE DUCK's post-production expenses.
Read the trial transcripts and summaries for the lawsuit Art Buchwald filed on Eddie Murphy and the production of COMING TO AMERICA, which is the best explanation of "Studio Math"
You too can learn how TITANIC is considered a _loss_ by the two studios who paid for it, and guess how much of a tax write-off they got for it (140% of expenses is the last rumor).
20th Century Fox declared STAR WARS a money maker only _after_ it was pointed out that there was no possible way a $10million film making over $500million could be a "loss".
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The idea must be new and unpublished, but at the same time, all your rights are belong to Microsoft. So, even if you own a patent or trademark on it, by entering, you are:
What a concept! Win by losing! That's the Microsoft way!
Given the upcoming Patriot Act II and current laws, it's good to know that there are those still willing to say the Emperor has no clothes.
Attended seminar on this, work with public radio station.
Average cost per station to upgrade: $80,000 to $350,000, depending on wattage
Average cost in licensing technology: $20,000 to $70,000
Average cost of home/car receiver: $120 to $400
Net effects: Forced change in SCA (sub carrier authorization) schemes will cause SCA users to engage new equipment, or abandon it.
Signal loss in terms of reach/distance as well as clarity: Delta-V...you'll get "CD quality" for about 1/3 of the present "FM quality" signal, as IBOC mandates each station to broadcast 10% of current wattage.
At 2/3 of present "FM quality" signal, you'll start noting degradation of signal.
At the limits of present "FM quality" signal, IBOC will be AM quality or worse.
Ultimate scheme? To utilize the 'blank' areas on the FM dial and increase available channels. The "blank areas" are the 'even number' settings (91.2, 94.4, 101.8) that analog technology interferes with.
Net result? More channels, shorter broadcast range, reduced overall signal quality, forced introduction of new technology on consumers as well as businesses/non-profits running stations.
Biggest problem? Will force elimination of non-profit/public radio stations that can't affort the ~$500,000 to access this technology.