Exactly. I could care less if she wins or loses, but without cases reaching trial, there haven't been any tests to MediaSentry's evidence admissability. Certainly, one case won't mean much outside that jurisdiction, but other defendants are still free to refer to it if their own jurisdiction doesn't have applicable case law and judges can take that into consideration.
Not exactly. IAANAL but my understanding has been that in civil court, evidence obtained illegally is admissable so long as none of the parties or their counsel were involved in the crime.
So if I steal evidence from you showing you committed a crime and you get sued in civil court, the evidence I stole is admissable.
When there is a huge disproportion of resources(time, money and legal counsel) between parties, sometimes judges need to take a more active role in ensuring the defendants rights are not being trampled and the plaintiff isn't blowing hot air up his ass to gloss over insufficiencies in their evidence.
Face it-lawsuits between companies and individuals are typically imbalanced.
My experience with both, and T-Mobile is that they do not offer reduced rates if you intend to use a phone you acquired from another source. Their rate plans are all designed with the intent that they should subsidize the purchase of a new phone for much less money based on the entering of a long duration contract. In effect, the telecoms are financing your cell phone-except that if you already have one, you dont get a reduced rate.
The entire business model for the mobile telecoms revolves around contract pricing to subsidize reduced price phones, giving them extraordinary power over mobile handset manufacturers. In my mind, this tying arrangement is horrible for consumers because in effect, the handset manufacturers serve the telecoms, not the end users. The telecoms deem which features are allowed on their network and disallow any features that would conflict with their own profitable value-add services(such as uploading ringtones to a phone).
The FTC should have stepped in 10 years ago and realized there is no real competition among handset producers-the telecoms decide who the winners and losers are. If you want REAL competition among handset producers leading to technological advancement, you have to end the tying of phone purchases to cell contracts.
Someone claiming gnutella shared their media without their knowledge is a lot easier to defend than trying to claim someone hacked your computer and was using it to download copyrighted media.
Contract law in all 50 states requires there be some fundamental exchange of value for the contract to be enforceable.
The case law is overwhelming that in a contract highly beneficial to only one party, the contract can be nullified or a court can strike from it egregious disparities to balance it.
This is much the same. Unless the Pre had features built in to make copyright infringement easy, reverse engineering the iTunes-iPod interface for interoperability likely wouldn't be affected by the DMCA.
Given Apple's got a dominant market position in both MP3 players and online media distribution, although I'm hesitant to say a monopoly position, firing back at Palm for this could place them in the antitrust hot seat.
iPod firmware can be updated by iTunes. The interpretation of handshaking being done in hardware vs. software is very subjective, given that it's either hardcoded in the hardware(see: old modems) or in firmware(see: software modems).
As far as another person mentioning using ROT13 to invoke DMCA, it wouldn't work. Reverse engineering is allowable(for the moment) to allow interoperability. Palm could easily explain that their device does not enable copyright infringement any more than any other mobile media device and the fact that it needs to report itself as an Apple device to connect is just evidence of Apple's reluctance to make iTunes operate with other hardware devices.
Seizure of counterfeit products is somewhat common but statistics are difficult to obtain. You could contact the Consumer Product Safety Commission or US Customs for more information.
Injunctions happen less frequently but statistics are even more difficult to find. Typically the outcome of these situations is the device manufacturer and patent holder reach a royalty agreement and the products reach the market place.
I dont have a problem with the patent holders cashing in.
With that said, I believe it is the responsibility of the government to secure open access to the public for technologies that are mandated by law. Since the FCC opted to use a standard that was patented, it seems to me it would have been more fair to the public to have the government purchase the patent rights from the patent holders. They would then release it into the public domain.
Airwaves for television broadcast are a natural monopoly, like water and telephone utilities. It would be completely impractical to have multiple over-the air broadcast formats in use, much the same as it would be completely impractical to require each competing telephone company to lay their own copper into each and every home.
A responsible government would make every effort to find the least cost option to the citizens for each and every monopoly it chooses to create.
Not exactly, regarding the stopping at the borders thing.
US Customs does stop counterfeit product shipments, meaning products that bear the name of a registered trademark but were not produced under license or agreement with the trademark holder. This has important public safety implications. For example, and I choose this one because it happens frequently, an Asian manufacturer produces an electrical cable under the trade name of a popular cable manufacturer and ships it to the US. Unbeknown to the buyer, it might actually not meet the standards for safety for that product, such as inadequate insulation thickness leading to shock hazards in appliances.
However, US Customs does not hold products manufactured without the required patent licenses without an injunction. For instance, a Chinese DVD player manufacturer might not have contacted the DVDCCA to license the patents. A DVDCCA representative in the US would have to go to court to get an injunction barring that company from shipping products into the US, and further, they would have to contact US Customs to enforce the injunction.
Well, seeing as the NSA is supposedly using DPI on all internet traffic they can get their hands on through AT&T pipes, seems to me the following email would work, addressed to the DOD's assigned AT&T Sales rep:
From: digitalunity@myhost.com To: sdonahoe@att.com Subject: digging Hi Sean, I plan to dig at 123 Anderson St., DC(see attached street drawings) and if you wouldn't mind, please pass it on to your customers that we may be cutting lines that don't appear on the official utility map.
thxbye. .
This has a double effect. The AT&T sales rep might actually pass it on to the people that need to know, and if not, the NSA will pass it on for them!
AT&T built and operates the cable. A branch of the federal government pays AT&T to operate it.
Cable is cut, AT&T fixes it at great expense. AT&T asks customer(feds) to pay for it and they say "no it's your line, you pay for it". AT&T asks construction company to pay and feds quickly pick up the tab to make the matter disappear.
I've never worked in telecom, but I have worked in construction and this is a pretty common scenario when accidents occur.
Nothing about your garage is similar to a clean room and god forbid you actually meet the requirements for a class 10 clean room, you wont have enough room left for any equipment!
I got the TI84 Plus, which is new to me. It has USB connectivity now, so no more special cables. I'm not sure exactly how the TI84 Plus of today differs from older models in any other respect.
Upon reflection, I really wish I would have gotten the TI-NSpire. It's better in every respect-especially with memory. I think my TI84 has 400k of memory or something whereas the TI-NSpire has like 16MB.
Those are off the top of my head, but they should be in the ballpark.
Small, purpose driven CRM's could be developed in Lotus Notes which includes automatic replication and offline use. It's not the cheapest thing around, but if you know a lotusscript developer or can hire one, you could have a single integrated application for managing everything you require.
It certainly has it's downsides, but for user simplicity, it has a lot going for it. Personally, I would develop my own tools for something like this with narrowly defined special requirements. You could do something like SugarCRM but I recommend against it due to complexity and initial learning curve.
I've got to agree with you about backup software-it's mostly shit. Never backs up the most important things you really need like registry keys.
Linux on 64 bit is *beyond* Win64. I've been using 64 bit Ubuntu on my home computer for a while and have had relatively few issues. So far, the only issues have been with compiling old unmaintained software.
Vista 64 Home Premium has been an altogether disappointing experience. I had to wait nearly a year for new Canon drivers and was just told by Texas Instruments my shiny new TI84 is incompatible with Vista 64 as are all other TI graphing calculators.
Funny I have to use Linux to get past software incompatibility with Windows. I'd considered just taking back the calculator but the closest runner-up in functionality is the Casio ClassPad 330 which is also Vista 64 incompatible.
Year of the Linux Desktop was 1998 for me. It's all I run at home. My laptop is another matter-device incompatibility just isn't an option and I need Solidworks for school.
I see no point in the future where there will be anything but Linux on my home computer. Really, I couldn't care less which OEM's preinstall Linux so long as I can continue to install it myself.
I already have. I bike across town frequently to save gas. It's better for me, it's better for my car and it's better for everyone else. This alone would save a tremendous amount of gasoline.
I also have done all I can reasonably at home to save water and electricity which has saved me money also.
Subsidization isn't the answer. We all still pay, even if it isn't at the pump.
Ethanol is better than gasoline from an environmental aspect in that it is more sustainable. Oil won't last forever, but then again neither will corn production.
Consumers need to make small sacrifices for the common good, even at a slight price premium. They won't, but they should. Kind of like how shopping at Wal-Mart is bad for your own local economy but people do it anyway.
[2] There are lots of people who would give up power, but they're are rarely the sort who'd go get power in the first place by getting lots of people killed. Sounds like politicians. The only people I would really be happy voting for are the type of people who would never get into politics. Only power hungry people have the motive and means to get to the top and once they're there they have already compromised away all the ideals they stood for that made them worth voting for.
Compromise isn't necessarily bad, but pork spending is a perfect example of how only master horse traders can be good politicians to the demise of the greater good.
The government didn't create the MS monopoly. It was lack of government intervention during the DRDOS buyout(nobody at the time could have predicted the long term outcome) and the interoperability problems they created intentionally for OS/2.
MSDOS and Windows weren't special when they first came out. It just happened to be compatible with microcomputers. It was the years after where Microsoft took their operating system dominance to beat down other markets where MS really took off.
Health care isn't a free market though. It's about as far from it as you can get. It is heavily regulated in the name of patient safety. Those regulations though drive the cost of delivering services through the roof due to the high cost of medical equipment and medications.
Some medical equipment such as nuclear imaging machines would be expensive regardless, but in other cases it is obvious regulatory involvement plays a large part of the inneficiencies and costs of our health care system.
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Exactly. I could care less if she wins or loses, but without cases reaching trial, there haven't been any tests to MediaSentry's evidence admissability. Certainly, one case won't mean much outside that jurisdiction, but other defendants are still free to refer to it if their own jurisdiction doesn't have applicable case law and judges can take that into consideration.
Not exactly. IAANAL but my understanding has been that in civil court, evidence obtained illegally is admissable so long as none of the parties or their counsel were involved in the crime.
So if I steal evidence from you showing you committed a crime and you get sued in civil court, the evidence I stole is admissable.
Criminal court is another matter entirely AFAIK.
When there is a huge disproportion of resources(time, money and legal counsel) between parties, sometimes judges need to take a more active role in ensuring the defendants rights are not being trampled and the plaintiff isn't blowing hot air up his ass to gloss over insufficiencies in their evidence.
Face it-lawsuits between companies and individuals are typically imbalanced.
Replying to epic truthiness post.
Maybe just clear your cache more often. It's easy, fast and good practice. Ctrl-Shift-Del, press enter.
Do this every time you close FF.
My experience with both, and T-Mobile is that they do not offer reduced rates if you intend to use a phone you acquired from another source. Their rate plans are all designed with the intent that they should subsidize the purchase of a new phone for much less money based on the entering of a long duration contract. In effect, the telecoms are financing your cell phone-except that if you already have one, you dont get a reduced rate.
The entire business model for the mobile telecoms revolves around contract pricing to subsidize reduced price phones, giving them extraordinary power over mobile handset manufacturers. In my mind, this tying arrangement is horrible for consumers because in effect, the handset manufacturers serve the telecoms, not the end users. The telecoms deem which features are allowed on their network and disallow any features that would conflict with their own profitable value-add services(such as uploading ringtones to a phone).
The FTC should have stepped in 10 years ago and realized there is no real competition among handset producers-the telecoms decide who the winners and losers are. If you want REAL competition among handset producers leading to technological advancement, you have to end the tying of phone purchases to cell contracts.
Actually, yes. It's about intent.
Someone claiming gnutella shared their media without their knowledge is a lot easier to defend than trying to claim someone hacked your computer and was using it to download copyrighted media.
Contract law in all 50 states requires there be some fundamental exchange of value for the contract to be enforceable.
The case law is overwhelming that in a contract highly beneficial to only one party, the contract can be nullified or a court can strike from it egregious disparities to balance it.
This is much the same. Unless the Pre had features built in to make copyright infringement easy, reverse engineering the iTunes-iPod interface for interoperability likely wouldn't be affected by the DMCA.
Given Apple's got a dominant market position in both MP3 players and online media distribution, although I'm hesitant to say a monopoly position, firing back at Palm for this could place them in the antitrust hot seat.
How did this get modded insightful?
iPod firmware can be updated by iTunes. The interpretation of handshaking being done in hardware vs. software is very subjective, given that it's either hardcoded in the hardware(see: old modems) or in firmware(see: software modems).
As far as another person mentioning using ROT13 to invoke DMCA, it wouldn't work. Reverse engineering is allowable(for the moment) to allow interoperability. Palm could easily explain that their device does not enable copyright infringement any more than any other mobile media device and the fact that it needs to report itself as an Apple device to connect is just evidence of Apple's reluctance to make iTunes operate with other hardware devices.
In short, the DMCA doesn't necessarily apply.
Seizure of counterfeit products is somewhat common but statistics are difficult to obtain. You could contact the Consumer Product Safety Commission or US Customs for more information.
Injunctions happen less frequently but statistics are even more difficult to find. Typically the outcome of these situations is the device manufacturer and patent holder reach a royalty agreement and the products reach the market place.
I dont have a problem with the patent holders cashing in.
With that said, I believe it is the responsibility of the government to secure open access to the public for technologies that are mandated by law. Since the FCC opted to use a standard that was patented, it seems to me it would have been more fair to the public to have the government purchase the patent rights from the patent holders. They would then release it into the public domain.
Airwaves for television broadcast are a natural monopoly, like water and telephone utilities. It would be completely impractical to have multiple over-the air broadcast formats in use, much the same as it would be completely impractical to require each competing telephone company to lay their own copper into each and every home.
A responsible government would make every effort to find the least cost option to the citizens for each and every monopoly it chooses to create.
Not exactly, regarding the stopping at the borders thing.
US Customs does stop counterfeit product shipments, meaning products that bear the name of a registered trademark but were not produced under license or agreement with the trademark holder. This has important public safety implications. For example, and I choose this one because it happens frequently, an Asian manufacturer produces an electrical cable under the trade name of a popular cable manufacturer and ships it to the US. Unbeknown to the buyer, it might actually not meet the standards for safety for that product, such as inadequate insulation thickness leading to shock hazards in appliances.
However, US Customs does not hold products manufactured without the required patent licenses without an injunction. For instance, a Chinese DVD player manufacturer might not have contacted the DVDCCA to license the patents. A DVDCCA representative in the US would have to go to court to get an injunction barring that company from shipping products into the US, and further, they would have to contact US Customs to enforce the injunction.
Well, seeing as the NSA is supposedly using DPI on all internet traffic they can get their hands on through AT&T pipes, seems to me the following email would work, addressed to the DOD's assigned AT&T Sales rep:
From: digitalunity@myhost.com
To: sdonahoe@att.com
Subject: digging
Hi Sean,
I plan to dig at 123 Anderson St., DC(see attached street drawings) and if you wouldn't mind, please pass it on to your customers that we may be cutting lines that don't appear on the official utility map.
thxbye.
.
This has a double effect. The AT&T sales rep might actually pass it on to the people that need to know, and if not, the NSA will pass it on for them!
Actually this is pretty plausible. Best guess-
AT&T built and operates the cable. A branch of the federal government pays AT&T to operate it.
Cable is cut, AT&T fixes it at great expense. AT&T asks customer(feds) to pay for it and they say "no it's your line, you pay for it". AT&T asks construction company to pay and feds quickly pick up the tab to make the matter disappear.
I've never worked in telecom, but I have worked in construction and this is a pretty common scenario when accidents occur.
Good luck with that.
Nothing about your garage is similar to a clean room and god forbid you actually meet the requirements for a class 10 clean room, you wont have enough room left for any equipment!
I got the TI84 Plus, which is new to me. It has USB connectivity now, so no more special cables. I'm not sure exactly how the TI84 Plus of today differs from older models in any other respect.
Upon reflection, I really wish I would have gotten the TI-NSpire. It's better in every respect-especially with memory. I think my TI84 has 400k of memory or something whereas the TI-NSpire has like 16MB.
Those are off the top of my head, but they should be in the ballpark.
Small, purpose driven CRM's could be developed in Lotus Notes which includes automatic replication and offline use. It's not the cheapest thing around, but if you know a lotusscript developer or can hire one, you could have a single integrated application for managing everything you require.
It certainly has it's downsides, but for user simplicity, it has a lot going for it. Personally, I would develop my own tools for something like this with narrowly defined special requirements. You could do something like SugarCRM but I recommend against it due to complexity and initial learning curve.
I've got to agree with you about backup software-it's mostly shit. Never backs up the most important things you really need like registry keys.
Linux on 64 bit is *beyond* Win64. I've been using 64 bit Ubuntu on my home computer for a while and have had relatively few issues. So far, the only issues have been with compiling old unmaintained software.
Vista 64 Home Premium has been an altogether disappointing experience. I had to wait nearly a year for new Canon drivers and was just told by Texas Instruments my shiny new TI84 is incompatible with Vista 64 as are all other TI graphing calculators.
Funny I have to use Linux to get past software incompatibility with Windows. I'd considered just taking back the calculator but the closest runner-up in functionality is the Casio ClassPad 330 which is also Vista 64 incompatible.
Year of the Linux Desktop was 1998 for me. It's all I run at home. My laptop is another matter-device incompatibility just isn't an option and I need Solidworks for school.
I see no point in the future where there will be anything but Linux on my home computer. Really, I couldn't care less which OEM's preinstall Linux so long as I can continue to install it myself.
I already have. I bike across town frequently to save gas. It's better for me, it's better for my car and it's better for everyone else. This alone would save a tremendous amount of gasoline.
I also have done all I can reasonably at home to save water and electricity which has saved me money also.
Subsidization isn't the answer. We all still pay, even if it isn't at the pump.
Ethanol is better than gasoline from an environmental aspect in that it is more sustainable. Oil won't last forever, but then again neither will corn production.
Consumers need to make small sacrifices for the common good, even at a slight price premium. They won't, but they should. Kind of like how shopping at Wal-Mart is bad for your own local economy but people do it anyway.
[2] There are lots of people who would give up power, but they're are rarely the sort who'd go get power in the first place by getting lots of people killed.
Sounds like politicians. The only people I would really be happy voting for are the type of people who would never get into politics. Only power hungry people have the motive and means to get to the top and once they're there they have already compromised away all the ideals they stood for that made them worth voting for.
Compromise isn't necessarily bad, but pork spending is a perfect example of how only master horse traders can be good politicians to the demise of the greater good.
The government didn't create the MS monopoly. It was lack of government intervention during the DRDOS buyout(nobody at the time could have predicted the long term outcome) and the interoperability problems they created intentionally for OS/2.
MSDOS and Windows weren't special when they first came out. It just happened to be compatible with microcomputers. It was the years after where Microsoft took their operating system dominance to beat down other markets where MS really took off.
Health care isn't a free market though. It's about as far from it as you can get. It is heavily regulated in the name of patient safety. Those regulations though drive the cost of delivering services through the roof due to the high cost of medical equipment and medications.
Some medical equipment such as nuclear imaging machines would be expensive regardless, but in other cases it is obvious regulatory involvement plays a large part of the inneficiencies and costs of our health care system.