Its not a criminal matter, its fraud and a breach of contract.
fraud is a term from criminal law. Specifically: fraud is a crime...
That's like saying someone secretly taking something that doesn't belong to them while buying something else at a convenience store is not a crime, it's theft and breach of contract.
I'm curious how fraud describes this situation anyways, though...
Fraud requires representation of a material fact, it has to be false, the person making the representation has to know it's false and intend the other person act on that fact, the other person has to be ignorant of it, rely on the representation, have a right to rely on the representation, and suffer damages.
See the difficulty?
In this case the spying was covert...
From what I saw, it was never reported that the school assured students They could not activate the webcams remotely
For it to be fraud, the staff would have had to have lied about something.....
large risk that requires a very high standard of care (like when transporting hazardous waste).... or statutory rape.
Or blindly taking pictures of unknown remote locations, with the knowledge that the camera might be on someone else's private property who has not authorized its use?
Would we be having this debate about criminal intent in capturing the pictures, if the webcam had caught pics of the students naked, and faculty were caught showing them to the students, or doing other non-permissible things?
I know what you are talking about, but I intentionally disavow the existence of that place.
It's a case of one bad Apple spoilt the bunch in the past 100 years.
Most regretable that I had to disavow the existence of Mozart, Strauss, Freud, and Schrödinger (or maybe not Schrödinger), but alas, war has its price.
It doesn't matter whether they have tax breaks, tax-reduced, or tax exempt status or not. What they do is still legally commerce, when a non-profit organization exchanges (or barters) services or goods for cash (or items of value).
The word commerce does not mean for-profit.
In fact, if a church obtains unrelated business income, under certain conditions they could have to pay UBTI tax.
This is similar to the argument about a pet clicking the mouse which causes the Accept button to be toggled.
That way of arguing you didn't accept the EULA but still had the software might not have been tested fully in court.
However, the court could find you were aware of the EULA existing, you were aware of the developer's requirement the EULA be accepted to use the software, then your means of circumventing presentation of the EULA doesn't excuse you from the terms of the EULA.
It's kind of like taking a shrink wrapped box that has a seal which says "By breaking this seal you accept the agreement....."
And instead of breaking the seal, you take a pair of scissors and cut a new hole in the package, to remove the media without damaging the seal.
I'm not referring to the "capable of decoding CC captions" part of the act.
I am referring to Section 201 and 202.
And the fact that most Youtube members would not have programming in their Youtube channels meeting the requirements of the regulation, when applied to internet applications.
‘(1) REINSTATEMENT OF REGULATIONS- On the day that is 1 year after the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010, the Commission shall, after a rulemaking, reinstate its video description regulations contained in the Implementation of Video Description of Video Programming Report and Order (15 F.C.C.R. 15,230 (2000)), modified as provided in paragraph (2).
(A) The regulations shall apply to video programming, as defined in subsection (i), insofar as such programming is transmitted for display on television in digital format.
‘(3) INQUIRIES ON FURTHER VIDEO DESCRIPTION REQUIREMENTS- The Commission shall commence the following inquiries not later than 1 year after the completion of the phase-in of the reinstated regulations and shall report to Congress 1 year thereafter on the findings for each of the following:
‘(B) VIDEO DESCRIPTION IN VIDEO PROGRAMMING DISTRIBUTED ON THE INTERNET- The technical and operational issues, costs, and benefits of providing video descriptions for video programming that is delivered using Internet protocol.
Where shall we begin? Oh... I guess this will kill Youtube or significantly stifle it, since all programming will be required to have CC,
they will be required to relay emergency information, and all mobile devices will be required to have decoders for CC and emergency information.
And VoIP providers will have to contribute specified amounts to the Telecommunication Relay Services fund, even if not interconnected.
Bye bye free VoIP services like Skype.
The government is making things more expensive for everyone, and eliminating a lot of free stuff, for the supposed benefit of a minority of the population.
Redefines "telecommunications relay services." Requires interconnected and non-interconnected VoIP providers to contribute to the Telecommunications Relay Services Fund.
Requires every provider of Internet access service and every manufacturer of Internet access equipment, unless it would be an undue burden, to make user interfaces accessible to individuals with disabilities.
Requires that apparatus that receives or plays back video programming and has a picture screen of any size be capable of decoding closed captioning,
Ratifies and considers in full force and effect the Federal Communications Commission's (FCC's) video description regulations contained in a specified Report and Order. Defines, for certain portions of this Act, "video programming" as including programming distributed over the Internet or by other means. Requires video programming owners, providers, and distributors to convey emergency information accessibly to blind or visually-impaired individuals.
It helps that the Vatican is their own sovereign nation, not subject to the laws of any other country, so the Vatican itself doesn't pay taxes.
And most catholic churches are "non-profits" in their respective countries, so those don't pay money either, nor on the donations they hand over to their mother church.
But the Vatican still have to pay money for the upkeep of their facilities.
Being sovereign means they don't pay taxes, but they have to pay for their own infrastructure, also.
It doesn't matter whether your organization is non-profit or not; the taking in of cash in exchange for goods or services is still called commerce, last I checked.
Commerce does not mean "profit".
The Federal government has a right granted by the constitution to regulate interstate commerce, regardless of whether the seller turns a profit from their transaction(s).
If this was such a big concern for Childs, why didn't he have these key passwords and router configs in the Mayor's office
He was going to get around to doing it, but he had so much junk assigned to him to be done that he couldn't get basic essentials like documentation finished?
shrugs
Following the letter of your contract is what individuals are supposed to do, when doing work for the government.
The contract is written for a reason, contracts are meant to protect both parties.
And there's this European country called Canada pretty far from UK in the opposite direction.
And Russia stretches practically around the globe.
So taking the curvature of earth, and the land under the oceans of European waters into account, the center of Europe is pretty deep below the earth's surface anyways.
No above-ground town is anywhere near the physical center of Europe.
I'm talking about cultural/economic centers of Europe. There's a concept of 'Center' which has nothing to do with physical location (other than it be somewhere in Europe and a very popular place, as in: a nexus).
The slashdot summary claims this is about the Geophysical center of europe, but there's no article to back the claim that that's what they're talking about.
A link to the patent/document hasn't been posted, so how are we supposed to know?
There are other definitions for 'center' besides take the highest latitude, lowest latitude and average them; take the highest longitude and lowest longitude and average them.
For example there are concepts such as "center of mass" and elevation
Some areas have more land than others, mountains, etc. Which causes the center of mass to be different from the average geometrically.
No, according to the Supreme Court, in order to be a parody it must poke fun at the original
It does poke fun at the original, when he's driving around in it, going to someone's house and bringing his "tools"
(holy books, water, prayer beads, cross, etc) to help fix their soul, exorcise the demon from the house, or whatever the occasion.
Atheism isn't always a true religion.... maybe sometimes it's a way of providing people "plausible deniability" for the time when they come to be judged.
They think they'll get leniency by claiming " I was atheist... I didn't know any better."
They aren't anticipating (Judge bangs the gavel) Ignorance or disbelief of the law is no excuse
To be infringing a trademark, there has to be a chance that it would be confusing; that someone would confuse the priest's product with best buy's.
They have to be in the same line of business.
To be diluting a trademark, the mark is famous, the holder has exclusive use, the counterparty's use has to detract from or devalue the mark,
and it can't be a protected use.
(For example: a Journalist is allowed to discuss indicate, criticize, or publish 'unwanted' material and refer to the relevant trademarks when doing so.
Coca Cola's trademark of the name Coke cannot be used to prevent journalists from discussing a problem or health risk found with Coke, according to someone's study,
or prevent people from identifying their product in literature, or even satire/parody.)
Best Buy doesn't have exclusive use of the name "Squad", or of the colors black and Orange with the use of the word Squad. So there's no exclusive use that's being taken away.
Unless Best Buy also plans to send cease and decist letters to Oregon State next, over their Orange and Black "Cheerleading squad"
Fluoride compounds contain fluorine.
You think your hat is made out of tinfoil, but it secretly contains traces of gov't-mind-control enhancement powder that the government requires all tinfoil manufacturers to incorporate.
If you want to get technical: they utilize silicofluoric acid, which is a fluoride, but the material they get generally contains fluorine, lead, arsenic, mercury, and other unwanted contaminants.
The material used can also cause more contaminants to be dissolved in the water that would otherwise be left behind.
Slashdot Mirror
Its not a criminal matter, its fraud and a breach of contract.
fraud is a term from criminal law. Specifically: fraud is a crime...
That's like saying someone secretly taking something that doesn't belong to them while buying something else at a convenience store is not a crime, it's theft and breach of contract.
I'm curious how fraud describes this situation anyways, though...
Fraud requires representation of a material fact, it has to be false, the person making the representation has to know it's false and intend the other person act on that fact, the other person has to be ignorant of it, rely on the representation, have a right to rely on the representation, and suffer damages.
See the difficulty?
In this case the spying was covert...
From what I saw, it was never reported that the school assured students They could not activate the webcams remotely
For it to be fraud, the staff would have had to have lied about something.....
large risk that requires a very high standard of care (like when transporting hazardous waste). ... or statutory rape.
Or blindly taking pictures of unknown remote locations, with the knowledge that the camera might be on someone else's private property who has not authorized its use?
Would we be having this debate about criminal intent in capturing the pictures, if the webcam had caught pics of the students naked, and faculty were caught showing them to the students, or doing other non-permissible things?
Actually, it's:
In Soviet Russia, Laptop watches you.
* Where "you" is not the student carrying around the laptop. "You" is the school district.
I know what you are talking about, but I intentionally disavow the existence of that place.
It's a case of one bad Apple spoilt the bunch in the past 100 years. Most regretable that I had to disavow the existence of Mozart, Strauss, Freud, and Schrödinger (or maybe not Schrödinger), but alas, war has its price.
It doesn't matter whether they have tax breaks, tax-reduced, or tax exempt status or not. What they do is still legally commerce, when a non-profit organization exchanges (or barters) services or goods for cash (or items of value).
The word commerce does not mean for-profit.
In fact, if a church obtains unrelated business income, under certain conditions they could have to pay UBTI tax.
This is similar to the argument about a pet clicking the mouse which causes the Accept button to be toggled.
That way of arguing you didn't accept the EULA but still had the software might not have been tested fully in court.
However, the court could find you were aware of the EULA existing, you were aware of the developer's requirement the EULA be accepted to use the software, then your means of circumventing presentation of the EULA doesn't excuse you from the terms of the EULA.
It's kind of like taking a shrink wrapped box that has a seal which says "By breaking this seal you accept the agreement....." And instead of breaking the seal, you take a pair of scissors and cut a new hole in the package, to remove the media without damaging the seal.
I'm not referring to the "capable of decoding CC captions" part of the act. I am referring to Section 201 and 202.
And the fact that most Youtube members would not have programming in their Youtube channels meeting the requirements of the regulation, when applied to internet applications.
Youtube already has support for CC, so youtube is 100% done in this regard.
No, because Youtube has videos published every day that do not contain CC captions....
The law won't be satisfied until Youtube makes it a requirement that all new video uploads be fully captioned
Canada is part of this continent I like to call NORTH AMERICA, which would mean it's not part of Europe.
Canada is a colony of the UK. And still part of the UK, due to its control of the Canadian constitution.
The UK is a member of the EU, therefore Canada is a part of Europe.
Where shall we begin? Oh... I guess this will kill Youtube or significantly stifle it, since all programming will be required to have CC, they will be required to relay emergency information, and all mobile devices will be required to have decoders for CC and emergency information.
And VoIP providers will have to contribute specified amounts to the Telecommunication Relay Services fund, even if not interconnected. Bye bye free VoIP services like Skype. The government is making things more expensive for everyone, and eliminating a lot of free stuff, for the supposed benefit of a minority of the population.
It helps that the Vatican is their own sovereign nation, not subject to the laws of any other country, so the Vatican itself doesn't pay taxes. And most catholic churches are "non-profits" in their respective countries, so those don't pay money either, nor on the donations they hand over to their mother church.
But the Vatican still have to pay money for the upkeep of their facilities. Being sovereign means they don't pay taxes, but they have to pay for their own infrastructure, also.
Churches are not-for-profit organizations.
It doesn't matter whether your organization is non-profit or not; the taking in of cash in exchange for goods or services is still called commerce, last I checked.
Commerce does not mean "profit". The Federal government has a right granted by the constitution to regulate interstate commerce, regardless of whether the seller turns a profit from their transaction(s).
We need "sleepiness detection" and "cell phone detection" interlocks.
If there's a cell phone turned on in the car, it won't start or accelerate when stopped.
If the person detected in the driver's seat is the least bit tired, the car won't start.
If the person in the drivers seat is detected as being in a panicked or distraught state, then it won't start.
Make it mandatory in all vehicles. This should cut accident rates, no?
If this was such a big concern for Childs, why didn't he have these key passwords and router configs in the Mayor's office
He was going to get around to doing it, but he had so much junk assigned to him to be done that he couldn't get basic essentials like documentation finished?
shrugs
Following the letter of your contract is what individuals are supposed to do, when doing work for the government. The contract is written for a reason, contracts are meant to protect both parties.
And there's this European country called Canada pretty far from UK in the opposite direction.
And Russia stretches practically around the globe.
So taking the curvature of earth, and the land under the oceans of European waters into account, the center of Europe is pretty deep below the earth's surface anyways.
No above-ground town is anywhere near the physical center of Europe.
I'm talking about cultural/economic centers of Europe. There's a concept of 'Center' which has nothing to do with physical location (other than it be somewhere in Europe and a very popular place, as in: a nexus).
The slashdot summary claims this is about the Geophysical center of europe, but there's no article to back the claim that that's what they're talking about.
A link to the patent/document hasn't been posted, so how are we supposed to know?
There are other definitions for 'center' besides take the highest latitude, lowest latitude and average them; take the highest longitude and lowest longitude and average them.
For example there are concepts such as "center of mass" and elevation
Some areas have more land than others, mountains, etc. Which causes the center of mass to be different from the average geometrically.
What peace treaty?
"next time" It won't be the Germans. It will probably be one of those underestimated countries like Spain.
Nobody expects the Spanish inquisition (or the Spanish incursion)
Not that invaders are effectively bound by patents anyway
This should be considered more like a 'trademark' perhaps... "The center of Europe"
You don't even have to be physically in the exact center to make such a claim.
You can say things like "Slashdot is at the center of the blogoverse"
"Silicon valley is the center of the dot com boom"
There are other explicit and implicit meanings possible with the word 'center'
You can refer to something as 'in the middle' even when it's not exactly in the center.
However, due to the local nature of patent laws.... it's doubtful such a patent could be enforced outside the country where it was registered.
The real center of Europe is probably in the UK, Germany, France, or Russia. Austria must be some small country. never heard of that one..
You don't need any. The Lanham Act only applies to uses in commerce.
He might take a call in his God squad mobile to go serve as a witness to a marriage.
Sometimes priests take payment for that.
It could be considered commerce.
No, according to the Supreme Court, in order to be a parody it must poke fun at the original
It does poke fun at the original, when he's driving around in it, going to someone's house and bringing his "tools" (holy books, water, prayer beads, cross, etc) to help fix their soul, exorcise the demon from the house, or whatever the occasion.
They're atheists... it all became clear now.
Atheism isn't always a true religion.... maybe sometimes it's a way of providing people "plausible deniability" for the time when they come to be judged.
They think they'll get leniency by claiming " I was atheist... I didn't know any better."
They aren't anticipating (Judge bangs the gavel) Ignorance or disbelief of the law is no excuse
To be infringing a trademark, there has to be a chance that it would be confusing; that someone would confuse the priest's product with best buy's. They have to be in the same line of business.
To be diluting a trademark, the mark is famous, the holder has exclusive use, the counterparty's use has to detract from or devalue the mark, and it can't be a protected use. (For example: a Journalist is allowed to discuss indicate, criticize, or publish 'unwanted' material and refer to the relevant trademarks when doing so. Coca Cola's trademark of the name Coke cannot be used to prevent journalists from discussing a problem or health risk found with Coke, according to someone's study, or prevent people from identifying their product in literature, or even satire/parody.)
Best Buy doesn't have exclusive use of the name "Squad", or of the colors black and Orange with the use of the word Squad. So there's no exclusive use that's being taken away.
Unless Best Buy also plans to send cease and decist letters to Oregon State next, over their Orange and Black "Cheerleading squad"
And others.....
Yes... just because of this fiasco, i'm going to start a competing company, to take away Best Buy's business.
I think i'll call it Nerd Squad
Geeks suck, nerds rock.
Fluoride compounds contain fluorine. You think your hat is made out of tinfoil, but it secretly contains traces of gov't-mind-control enhancement powder that the government requires all tinfoil manufacturers to incorporate.
If you want to get technical: they utilize silicofluoric acid, which is a fluoride, but the material they get generally contains fluorine, lead, arsenic, mercury, and other unwanted contaminants.
The material used can also cause more contaminants to be dissolved in the water that would otherwise be left behind.