Unfortunately, we are missing critical details but lets assume that this is a publicly funded school and this occurred in a high school setting. A teacher must have knowledge or probable cause that the students are doing something illegal, such as a conspiracy, and that merits a search of a students personal property. The teacher can not assume that the mens reas of every student is to commit a crime, there must be evidence to support the conspiracy of the students attempt to cheat or as we would say, burden of proof.
The teacher would therefore be guilty of petit theft, performing an illegal search and in violation of the 1st & 4th Amendment rights.
One could argue that the authority of the state has precedent over the rights of the high schoolers, but this does not give the state blanket immunity. For example, the search of a locker, for instance in some states, a state is the owner of the lockers and therefore the expectation of privacy is limited. However, this does not involve a locker, it involves a personal belongings not in the possession or ownership of the state. Therefore the expectation of privacy is now different and in favor of the student in this instance since the state does not own each and every bag of the students.
The general rule is:
1. Is there sufficient probable cause that a crime or conspiracy is being committed? 2. Are the safety of the students and school in jeopardy? 3. Has been a crime committed? If so, what is the evidence that the student is involved?
Me, I would contact the local police, report a theft, sue the school for civil rights violations and contact the media.
This type of crap, Linux vendors making deals with the devil, Microsoft, goes against the whole core philosophy of the OSS movement. It is a shabby excuse for Novell, Xandros and Linspire to ink these type of deals knowing full well that the @$$h0le$ in Redmond, WA will spin saying, "You see, they're signing these deals because Linux does infringe on our patents! Now be prepared to be assimilated."
Red Hat, in its infinite wisdom, negotiated with the devil themselves but yet didn't sign any deals because frankly, it would have most likely required some kind of statement Red Hat to say, "hey, look what we did. ..we're respecting patents!" And than our Borg friends at Redmond would have spun it to say, "we are your friends, and we mean no harm, now give us your money."
These type of deals do no justice to any vendor and simply give legitimacy to the public relations garbage of that Borg alien race software vendor named Microsoft. Simply put, a new distribution ought to be created and with the understanding that no patents deals may be associated with it but hey, IANAL, so I'm not sure how enforceable that really is. . . .
Sometimes it is simply better to do things on your own rather than rely on your educational institution. Secondly, if they're expecting to be hand held and be taught databases, software engineering, etc. than they are barking up the wrong tree.
Where I went to school, we had to implement algorithms in a language of our choice. He didn't hand hold us and teach us a language. It was either your learned it by yourself or simple you sucked!
Simply put, if they want to learn, sometimes it is best to do it on their own.
What is unfortunate about this whole thing is that in the end the people who suffer the most in the end are the hard working engineers and program managers who are actually trying to their products up to speed.
Management unfortunately will be unscaved and the worker bees will be out on the job because management didn't know how to keep is mouth shut.
I, TheUndertaker, citizen of the United States of America, hereby declare that any attempt by the MPAA or the RIAA or any of their affiliates to Denial of Service, perform any act(s) of sabatoge or attack my friends, family or my Personal Computer would be as an attack upon me.
Therefore under Amendment 10 of the constitution of the United States of America, I will exercise my right: that all power not granted to the United States is hereby reserved to the states and people. As a result, I will exercise my right to self defense and the protection of my home and family personal computer property. I will use all computer related resources to bring any attempt or acts of sabatoge to a successful conclusion.
MPAA and RIAA you have been warned. This is your last chance now to withdraw your threat to Denial of Service/Sabatoge personal computers of others of whom you have no jurisdiction over.
The MPAA wants more then just copy-controlled PCs. They want to control the way movies are distributed on the net. While I do understand why they are concerned about folks downloading movies without paying. I do have a gripe against Valenti, or whatever his name is. He claims that he wants to stop copyright infringement or piracy but controlling someone's PC is not the way to go. What I do with my PC and what I want to put on my PC is none of Valenti's or anyone elses business. What I want on my PC shouldn't be of concern to Valenti or Rosen(RIAA).
They(MPAA) say they are for innovation, but I haven't seen ANY type of effort to do ANY type of innovation that would change the net. The innovation is being done underground because the MPAA and RIAA want to be control freaks. They say they represent the consumer or the artists, I don't think they represent niether. What they represent is pocket books and wallets!
Unfortunately, we are missing critical details but lets assume that this is a publicly funded school and this occurred in a high school setting. A teacher must have knowledge or probable cause that the students are doing something illegal, such as a conspiracy, and that merits a search of a students personal property. The teacher can not assume that the mens reas of every student is to commit a crime, there must be evidence to support the conspiracy of the students attempt to cheat or as we would say, burden of proof.
The teacher would therefore be guilty of petit theft, performing an illegal search and in violation of the 1st & 4th Amendment rights.
One could argue that the authority of the state has precedent over the rights of the high schoolers, but this does not give the state blanket immunity. For example, the search of a locker, for instance in some states, a state is the owner of the lockers and therefore the expectation of privacy is limited. However, this does not involve a locker, it involves a personal belongings not in the possession or ownership of the state. Therefore the expectation of privacy is now different and in favor of the student in this instance since the state does not own each and every bag of the students.
The general rule is:
1. Is there sufficient probable cause that a crime or conspiracy is being committed?
2. Are the safety of the students and school in jeopardy?
3. Has been a crime committed? If so, what is the evidence that the student is involved?
Me, I would contact the local police, report a theft, sue the school for civil rights violations and contact the media.
In a heartbeat, I'll switch to FreeBSD.
.we're respecting patents!" And than our Borg friends at Redmond would have spun it to say, "we are your friends, and we mean no harm, now give us your money."
This type of crap, Linux vendors making deals with the devil, Microsoft, goes against the whole core philosophy of the OSS movement. It is a shabby excuse for Novell, Xandros and Linspire to ink these type of deals knowing full well that the @$$h0le$ in Redmond, WA will spin saying, "You see, they're signing these deals because Linux does infringe on our patents! Now be prepared to be assimilated."
Red Hat, in its infinite wisdom, negotiated with the devil themselves but yet didn't sign any deals because frankly, it would have most likely required some kind of statement Red Hat to say, "hey, look what we did. .
These type of deals do no justice to any vendor and simply give legitimacy to the public relations garbage of that Borg alien race software vendor named Microsoft. Simply put, a new distribution ought to be created and with the understanding that no patents deals may be associated with it but hey, IANAL, so I'm not sure how enforceable that really is. . . .
Sometimes it is simply better to do things on your own rather than rely on your educational institution. Secondly, if they're expecting to be hand held and be taught databases, software engineering, etc. than they are barking up the wrong tree.
Where I went to school, we had to implement algorithms in a language of our choice. He didn't hand hold us and teach us a language. It was either your learned it by yourself or simple you sucked!
Simply put, if they want to learn, sometimes it is best to do it on their own.
What is unfortunate about this whole thing is that in the end the people who suffer the most in the end are the hard working engineers and program managers who are actually trying to their products up to speed.
Management unfortunately will be unscaved and the worker bees will be out on the job because management didn't know how to keep is mouth shut.
F*ck you!
R.I.P.
Let it be known:
I, TheUndertaker, citizen of the United States of America, hereby declare that any attempt by the MPAA or the RIAA or any of their affiliates to Denial of Service, perform any act(s) of sabatoge or attack my friends, family or my Personal Computer would be as an attack upon me.
Therefore under Amendment 10 of the constitution of the United States of America, I will exercise my right: that all power not granted to the United States is hereby reserved to the states and people. As a result, I will exercise my right to self defense and the protection of my home and family personal computer property. I will use all computer related resources to bring any attempt or acts of sabatoge to a successful conclusion.
MPAA and RIAA you have been warned. This is your last chance now to withdraw your threat to Denial of Service/Sabatoge personal computers of others of whom you have no jurisdiction over.
To the mozilla team!
.
Thank you for the BEST DAMN WORK, Mozilla! I believed in the project back 98 and I believe in the project now. .
Thank you for everything!
To the developers and QA folks, kept the builds coming! Unlike other folks, I still believe in the product! I use it faithfully everyday. Good job!
The Underaker
The MPAA wants more then just copy-controlled PCs. They want to control the way movies are distributed on the net. While I do understand why they are concerned about folks downloading movies without paying. I do have a gripe against Valenti, or whatever his name is. He claims that he wants to stop copyright infringement or piracy but controlling someone's PC is not the way to go. What I do with my PC and what I want to put on my PC is none of Valenti's or anyone elses business. What I want on my PC shouldn't be of concern to Valenti or Rosen(RIAA).
They(MPAA) say they are for innovation, but I haven't seen ANY type of effort to do ANY type of innovation that would change the net. The innovation is being done underground because the MPAA and RIAA want to be control freaks. They say they represent the consumer or the artists, I don't think they represent niether. What they represent is pocket books and wallets!
Just because some Microsoft engineer says HTTP days are numbered doesn't mean it is. Again, they're just doing PR stints.
I'd hate to say it, but I strensously doubt what this person has to say will change anything.
My two cents. . .