IANAL and i think it's ridiculous but i always remember the 'mens rea' principle of law from my small amount of book-learnin'; if you have a guilty mind (ie you _meant_ to break the law), you're just as guilty as if you actually _did_ break the law. and i guess in america it wouldn't be hard to make that stick.:-)
There are offences where mens rea is irrelevant. The simplest example is illegal parking. You can't get a ticker for attempting to/wanting to/believing you were parking illegally. You have to actually park your car and exit the vehicle. Copyright violation works in a similar way.
But as far as I know, the police don't offer to sell it to you, you would need to ask to purchase it from them. Offering to sell it to you would start falling under inticement and entrapment... to my knowledge at least
It's not entrapment if there is sufficient evidence you would have committed the act anyways. Consider:
1) A cop befriends some guy with no history of drug use. After building a trusting relationship, cop implies he is a casual user himself. Cop offers to sell some. Guy accepts. 2) Guy with a history drug use of drives down a deserted street at night when the only activity in the area is drug dealing. Cop walks up to the car and offers to sell some. Guy accepts.
Even though the cop initiates the transaction in both cases, the first is entrapment, but the second is not. If it is reasonably evident that you would have just driven around the corner and purchased from the next guy to walk up to your car had the cop not been there, you won't get anywhere with an entrapment defense.
Americans can't pursue these jobs overseas. The jobs are for companies that are serving Americans. Offshoring denies Americans jobs that serve Americans. Because of where they're born, ironically. Offshoring is the belief that it's more virtuous to hire a foreigner to serve American customers, than to hire an American to serve American customers.
Fresh Oranges for Sale! Handpicked by American Labor! 3 for $20
I worked for a major retailer for 17 years, then Feb 18 2005 wammo! My job was replaced by offshoring. The person now at my desk is a figurehead (or project manager) for a programming group in Bangalore.
Did you inquire as to whether your position was still available to you at the current market rate, or were you unwilling to accept the market rate for your labor?
The electronics consumer base in Japan has historically tended towards choosing revolutionary products in lieu of evolutionary alternatives. It's a very welcoming market for novel products.
Effective DRM or the release of Duke Nukem Forever?
The current problem with Duke Nukem Forever is the DRM they implemented on the master disc. The actual game has been finished for quite some time now. The reason you can't find it in stores is because the cd manufacturers haven't figured out how copy the master without Duke showing up and putting his boot up their ass. It truly is the world's first kickass DRM.
But after two months, my client fired me. She didn't want $1000 custom-built white box machines (with monitor) that did everything she wanted and more, she wanted $2000 Sony Viao desktops purchased from Best Buy because they had a little button that glowed blue (even though the white box machines would have had backlit keyboards and LED fans).
The customer is always right...even when they are wrong.
I think the problem lies in the lack of mystery. In the '50s-'60s, we didn't know if we were going to make it to the moon. We had no idea if it was, or ever would be, possible for a human to make it there and back. Today, putting someone on Mars is, in the minds of the current generation, purely academic. It won't be terribly difficult, just very expensive. That's neither mysterious or interesting to youth.
Perhaps the rate of technological innovation and incremental improvements have much to blame for this attitude. When kids grow up assuming next year's model will be twice as fast and one-third the price, it raises the question, "Why do we need to go to Mars right now?". The extension of this is, "If the same equipment will so much cheaper next year, just like an iPod, why not save some money and visit Mars later. Mars isn't going anywhere."
I've never had a single virus or spyware infection in my life. They're a completely overrated threat.
Wait until you have children...thousands of children. Some will even have titles like CFO or Senior Partner. The big kids want (and get) local admin rights. Those kids know they have you around to clean up their mess, and they can blame the existence of the mess on you in the first place.
No, that's not true... think of the loss of potential revenue. Those people would have paid $300 or so per copy, which is money out of M$'s pocket... food off of their plate... money that rightfully belongs to them. Just like when you pirate a movie - regardless of whether you would have seen it legally or not - that's money that the MPAA immediately feel the loss of, when they can't afford to send their kids to college anymore.
That same argument could be made for every download of Linux. Without an alternative OS, those people would have paid $300 or so per copy of Windows, which is money out of M$'s pocket... food off their plate... money that rightfully belongs to them. This is money they immediately feel the loss of, when they can't afford to send their kids to college anymore.
Your argument is based on the assumption that the consumer owes a specific supplier money before any purchase is made, simply because that supplier has the most popular product; it's the default behavior, it's the norm, and the actual business of exchanging money is a tedious detail.
You left me with the impression that you actually believe this argument has a shred of validity. I now have coffee all over my keyboard via my nostrils. That was unpleasant.
Ah yes, the classic bait-and-switch technique. Government: "we're going to educate the children now, so every child gets a chance at developing to their full potential." Meanwhile, they're building an alternate set of "education railroad tracks" that lead to a land where illiteracy is the norm and 'the masses' (We the People) are easy to trick and control. Government goons take over the train's engine and throw the switch, all while proclaiming that all their schools need are a few superficial fixes to make them work right.
Maybe if I hadn't wasted all that time in the government's schools my analogy would be more coherent.
Yes, if you had not been wasted, you would be more coherent. Don't fret, however, a thick skull provides more protection than any tinfoil hat ever could.
The fact that the Wiimote is flying out of people's hands with enough force to break the strap and a person's TV makes me think that these are not normal use.
If enough people are having these problems, then it is "normal use", no matter how stupid you may think it is. The Wii is designed engage children in physical activity within a den/bedroom/family room area. While Nintendo should not be held accountable for the outlandish cases, they are certainly culpable when their products fail under usage only a standard deviation or two more vigorous than the median.
He plays ball. He plays hardball. He plays dirty. He's the reason post-Soviet Russia is no longer getting raped by foreign capitalists.
At this rate, history will probably remember him as the most effective Russian leader since Catherine the Great. From the perspective of a Russian citizen, the Soviets sucked, the Soviet collapse was worse, but now we're getting the best of both worlds and it's still improving. Putin can do whatever he wants if he keeps this track going.
Besides, I always thought muslims DID believe in jesus christ, just not in the same way christians do.
Most atheists "believe in Jesus". The evidence of his existence is diverse and compelling. Whether he was the Son of God or a 1st-century L. Ron Hubbard or somewhere in-between is the point of contention.
Perhaps people of these, or other, religions can clarify? Either way; having muslims "star" as the main non-christian group seems suspicious, considering the large amount of other non-christians groups.
The most popular faith outside of Christianity is the obvious choice of "the main non-christian group".
If you don't want to buy it, do a counter study. As is, their results seem fairly clear and robust. Not saying that they're exactly right, but a counter argument needs to be more then you saying "NOOOOOOO".
There have been too many external influences upon the surface of the Earth in the past 5 billion years for the icecaps to exist in an unstable equilibrium. If your theories can only account for the icecaps existing in some precarious balance where any disturbance will lead to runaway melting or runaway freezing, then your theories are wrong. More aptly, the probability you are right is effectively zero.
By their existence over time, the icecaps are demonstrably stable. Whether humans yield sufficient climate influence to significantly shift the stable point is a different debate.
If you are concerned about human-instigated climate change, you won't get anywhere convincing people of runaway, chain-reaction, sky-is-falling climate catastrophes. Such claims simply make one look foolish and easily ignorable. Stick to real science and to theories that account for all the evidence.
Hang on. You're a bad person if you've been arrested? Doesn't matter whether you were actually guilty of anything?
OmniMedia's shares dropped 50% when Martha Stewart was arrested. Nothing changed when she was convicted. This is typical market behavior. Even if she were acquitted, the damage was already done.
The arrest is worse than the conviction. Guilty or not, you are still a risk to the company. That's reality.
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IANAL and i think it's ridiculous but i always remember the 'mens rea' principle of law from my small amount of book-learnin'; if you have a guilty mind (ie you _meant_ to break the law), you're just as guilty as if you actually _did_ break the law. and i guess in america it wouldn't be hard to make that stick. :-)
There are offences where mens rea is irrelevant. The simplest example is illegal parking. You can't get a ticker for attempting to/wanting to/believing you were parking illegally. You have to actually park your car and exit the vehicle. Copyright violation works in a similar way.
But as far as I know, the police don't offer to sell it to you, you would need to ask to purchase it from them.
Offering to sell it to you would start falling under inticement and entrapment... to my knowledge at least
It's not entrapment if there is sufficient evidence you would have committed the act anyways. Consider:
1) A cop befriends some guy with no history of drug use. After building a trusting relationship, cop implies he is a casual user himself. Cop offers to sell some. Guy accepts.
2) Guy with a history drug use of drives down a deserted street at night when the only activity in the area is drug dealing. Cop walks up to the car and offers to sell some. Guy accepts.
Even though the cop initiates the transaction in both cases, the first is entrapment, but the second is not. If it is reasonably evident that you would have just driven around the corner and purchased from the next guy to walk up to your car had the cop not been there, you won't get anywhere with an entrapment defense.
What about uploading content in xored pairs of different copyright holders? Ex:
Sopranos ^ The White Album
Rocky Balboa ^ Vista Ultimate
etc
How does a prosecutor demonstrate a copyright violation without violating someone else's copyright?
But because it's Apple...the Apple tax is ok, even respectable to pay. Arguably, they're charging more than it's worth to produce.
/.er places value on things, none of it makes much sense
With Sony, even with them selling bleeding edge tech at a LOSS, that's not good enough.
Really, I just don't understand how the average
It's all about reputation.
Apple wants to copulate with you. Sony waits for you to drop the soap.
Americans can't pursue these jobs overseas. The jobs are for companies that are serving Americans. Offshoring denies Americans jobs that serve Americans. Because of where they're born, ironically. Offshoring is the belief that it's more virtuous to hire a foreigner to serve American customers, than to hire an American to serve American customers.
Fresh Oranges for Sale!
Handpicked by American Labor!
3 for $20
I worked for a major retailer for 17 years, then Feb 18 2005 wammo! My job was replaced by offshoring. The person now at my desk is a figurehead (or project manager) for a programming group in Bangalore.
Did you inquire as to whether your position was still available to you at the current market rate, or were you unwilling to accept the market rate for your labor?
Apparently the name of this project is "Where's Betty?"
The electronics consumer base in Japan has historically tended towards choosing revolutionary products in lieu of evolutionary alternatives. It's a very welcoming market for novel products.
Which will come first?
Effective DRM
or the release of Duke Nukem Forever?
The current problem with Duke Nukem Forever is the DRM they implemented on the master disc. The actual game has been finished for quite some time now. The reason you can't find it in stores is because the cd manufacturers haven't figured out how copy the master without Duke showing up and putting his boot up their ass. It truly is the world's first kickass DRM.
DRM...the only way to win is not to play.
But after two months, my client fired me. She didn't want $1000 custom-built white box machines (with monitor) that did everything she wanted and more, she wanted $2000 Sony Viao desktops purchased from Best Buy because they had a little button that glowed blue (even though the white box machines would have had backlit keyboards and LED fans).
The customer is always right...even when they are wrong.
No one ever loses their data on their PC. ...and dead-tree-format is impervious to fires, floods, and accidental disposal.
If it's important, make a backup or twenty. Unfortunately this commandment was engraved on Moses' third tablet.
I think the problem lies in the lack of mystery. In the '50s-'60s, we didn't know if we were going to make it to the moon. We had no idea if it was, or ever would be, possible for a human to make it there and back. Today, putting someone on Mars is, in the minds of the current generation, purely academic. It won't be terribly difficult, just very expensive. That's neither mysterious or interesting to youth.
Perhaps the rate of technological innovation and incremental improvements have much to blame for this attitude. When kids grow up assuming next year's model will be twice as fast and one-third the price, it raises the question, "Why do we need to go to Mars right now?". The extension of this is, "If the same equipment will so much cheaper next year, just like an iPod, why not save some money and visit Mars later. Mars isn't going anywhere."
It is indeed an essential element of a contributory infringement case to prove that actual 'primary' infringement occurred.
You need either Direct or Vicarious infringement for Contributory infringement to hold. The actual infringement need not occur in the second.
I've never had a single virus or spyware infection in my life. They're a completely overrated threat.
Wait until you have children...thousands of children. Some will even have titles like CFO or Senior Partner. The big kids want (and get) local admin rights. Those kids know they have you around to clean up their mess, and they can blame the existence of the mess on you in the first place.
No, that's not true... think of the loss of potential revenue. Those people would have paid $300 or so per copy, which is money out of M$'s pocket... food off of their plate... money that rightfully belongs to them. Just like when you pirate a movie - regardless of whether you would have seen it legally or not - that's money that the MPAA immediately feel the loss of, when they can't afford to send their kids to college anymore.
That same argument could be made for every download of Linux. Without an alternative OS, those people would have paid $300 or so per copy of Windows, which is money out of M$'s pocket... food off their plate... money that rightfully belongs to them. This is money they immediately feel the loss of, when they can't afford to send their kids to college anymore.
Your argument is based on the assumption that the consumer owes a specific supplier money before any purchase is made, simply because that supplier has the most popular product; it's the default behavior, it's the norm, and the actual business of exchanging money is a tedious detail.
You left me with the impression that you actually believe this argument has a shred of validity. I now have coffee all over my keyboard via my nostrils. That was unpleasant.
Ah yes, the classic bait-and-switch technique. Government: "we're going to educate the children now, so every child gets a chance at developing to their full potential." Meanwhile, they're building an alternate set of "education railroad tracks" that lead to a land where illiteracy is the norm and 'the masses' (We the People) are easy to trick and control. Government goons take over the train's engine and throw the switch, all while proclaiming that all their schools need are a few superficial fixes to make them work right.
Maybe if I hadn't wasted all that time in the government's schools my analogy would be more coherent.
Yes, if you had not been wasted, you would be more coherent. Don't fret, however, a thick skull provides more protection than any tinfoil hat ever could.
'Intent to infringe' isn't actionable, nor is solicitation to infringe or incitement to infringe.
Unfortunately, we now have 'contributory infringement', which is actionable and does not need actual infringement to occur.
(damn lack of spellcheck on IE)
Yes, it's quite difficult to check spelling when you are armed with nothing but a web browser.
The fact that the Wiimote is flying out of people's hands with enough force to break the strap and a person's TV makes me think that these are not normal use.
If enough people are having these problems, then it is "normal use", no matter how stupid you may think it is. The Wii is designed engage children in physical activity within a den/bedroom/family room area. While Nintendo should not be held accountable for the outlandish cases, they are certainly culpable when their products fail under usage only a standard deviation or two more vigorous than the median.
That's not a myth. If it follows standards, then it should work. Period.
Yeah...
Do you know why standards are so wonderful? Because there are so many to choose from...
Putin does play ball with foreign capitalists.
He plays ball. He plays hardball. He plays dirty. He's the reason post-Soviet Russia is no longer getting raped by foreign capitalists.
At this rate, history will probably remember him as the most effective Russian leader since Catherine the Great. From the perspective of a Russian citizen, the Soviets sucked, the Soviet collapse was worse, but now we're getting the best of both worlds and it's still improving. Putin can do whatever he wants if he keeps this track going.
Apple is NOT going to release for all x86 platforms.
They are a hardware company.
A quarter-century ago, someone at IBM thought they were just a hardware company.
Microsoft wouldn't exist were it not for thoughts like that.
Besides, I always thought muslims DID believe in jesus christ, just not in the same way christians do.
Most atheists "believe in Jesus". The evidence of his existence is diverse and compelling. Whether he was the Son of God or a 1st-century L. Ron Hubbard or somewhere in-between is the point of contention.
Perhaps people of these, or other, religions can clarify? Either way; having muslims "star" as the main non-christian group seems suspicious, considering the large amount of other non-christians groups.
The most popular faith outside of Christianity is the obvious choice of "the main non-christian group".
If you don't want to buy it, do a counter study. As is, their results seem fairly clear and robust. Not saying that they're exactly right, but a counter argument needs to be more then you saying "NOOOOOOO".
There have been too many external influences upon the surface of the Earth in the past 5 billion years for the icecaps to exist in an unstable equilibrium. If your theories can only account for the icecaps existing in some precarious balance where any disturbance will lead to runaway melting or runaway freezing, then your theories are wrong. More aptly, the probability you are right is effectively zero.
By their existence over time, the icecaps are demonstrably stable. Whether humans yield sufficient climate influence to significantly shift the stable point is a different debate.
If you are concerned about human-instigated climate change, you won't get anywhere convincing people of runaway, chain-reaction, sky-is-falling climate catastrophes. Such claims simply make one look foolish and easily ignorable. Stick to real science and to theories that account for all the evidence.
Hang on. You're a bad person if you've been arrested? Doesn't matter whether you were actually guilty of anything?
OmniMedia's shares dropped 50% when Martha Stewart was arrested. Nothing changed when she was convicted. This is typical market behavior. Even if she were acquitted, the damage was already done.
The arrest is worse than the conviction. Guilty or not, you are still a risk to the company. That's reality.