Legal isn't how the system works. My lawyer for this stuff sends out a letter easy as pie and charges me about US$100.00 to do it. I have gotten 100% results from these letters, although of course I am not harrassing the innocent.
Corporations call their "I have more money and lawyers" tactic SLAPPs, "Strategic Lawsuits Against Public Participation". Locally a church(ha) called The Church of Scientology has raised them to a high art. I strongly recommend studying their tactics to anyone interested in using lawyers as a bullying tactic. Just don't try that sh*t on me.
A judge allowed the first class-action suit to proceed against Microsoft Corp. on allegations that the software giant's monopoly harmed California consumers. Dozens of similar suits linger nationwide.
In a 21-page opinion released late Tuesday, San Francisco Superior Court Judge Stuart R. Pollak said an untold number of California consumers could be represented in one trial to determine whether they were forced to pay unreasonably high costs for Microsoft products. He said denying the suit "could result in repetitious litigation."
"This case involves a very large number of claimants with relatively small amounts at stake," Judge Pollak said. "Most consumers have little incentive to litigate independently since the costs of litigation undoubtedly would overwhelm their potential recovery."
Microsoft spokesman James W. Cullinan said the Redmond, Wash., company is reviewing the ruling.
"This is just one step in a long process in this case," Mr. Cullinan said. He declined further comment.
Attorneys in the case are scheduled to meet with Mr. Pollak on Oct. 4 to prepare for a trial. No trial date has been set yet.
The products at issue are Microsoft's Windows operating system, its MS-DOS operating system, Word programs and Excel software purchased on or after May 18, 1994.
Microsoft urged Judge Pollak on Aug. 4 not to allow the case to proceed because it would be nearly impossible to determine damages. Microsoft attorney Charles B. Casper argued that the company markets its products to thousands of companies who resell them at different prices, adding that the judge would have to weigh each consumer's claim on a case-by-case basis.
Lawyers seeking class-action status said that Microsoft was trying to shield itself behind its size.
"Just make your business large enough that you can overcharge and get away with it," San Francisco attorney Daniel J. Furniss argued.
Mr. Pollak's decision came three weeks after Microsoft asked a federal judge in Baltimore to dismiss or at least consolidate 62 pending federal and state class-action suits. That action is pending and, so far, none have been able to proceed.
Courts in Hawaii, Iowa, Kentucky, Nevada, Oregon, Rhode Island and Texas have dismissed similar class-action lawsuits on grounds that laws in those states don't allow them.
The majority of the cases nationwide were filed after U.S. District Court Judge Thomas Penfield Jackson in Washington, D.C., ruled that the company violated federal antitrust laws. Microsoft is appealing Mr. Jackson's ruling and his order to split the software giant into two companies.
Three weeks ago, Mr. Pollak suggested that it would be a Herculean task for attorneys to demonstrate how consumers were wronged.
"If they can't do it, they'll lose the case," Mr. Pollak said.
Microsoft has argued that, even if it was a monopoly, consumers in many instances benefited and were not harmed. For instance, Microsoft says Netscape, now a division of America Online Inc., dropped its roughly $50 charge for a Web browser after Microsoft began giving its browser away for free.
Re:No console competes with the genre of games for
on
Salon on the XBox
·
· Score: 1
No console can really compete with the games for a PC.
Yeah, when I see a game console with a 40 milion transistor CPU, a 30 million transistor video chip, broadband Internet access, and a 45 gig hard drive, I'll believe it.
And I can probably name some other scientists who know more about hardware than he does. What gives him so much say.
Yes, and so can I. That's not relevant to the post at hand. Richard Feynman isn't Albert Einstein either, but he's no hobbyist. Comments need to be relevant to be useful. As for what gives him so much say, I suggest you peruse his site, and see if you can find a better one on the net.
Dr. Tom Pabst is not "some hobbiest" (sic). He is the leading hardware researcher on the internet, and Tom's Hardware is a leading public/independent lab, in Germany and Worldwide.
The funny thing is, every kid I've known diagnose with ADD liked to play video games for far longer than any of their classes. I think at least a major part of the solution lies in fixing our schools inability to handle the smartest kids.
Surprise,/. inhabitants are not uniformly "freebeerware morons". Not even all morons. Yes, since I am a businessman, I have indeed heard of services, and I have no particular fetish for the Free Software Movement.
However, you entirely missed the point by a barn-sized margin. The point isn't about cost structure, but the danger in hiding behind cost as a reason for not invading privacy. Cost structures can collapse unexpectedly, as any basic econ class would teach you. The right to privacy is inherent in the person, not the convenience.
I've been wondering for ages why the dell linux boxes are so much more expensive than the windows boxes.
Most of the customers for Dell Linux servers are using them as the server and storage products . . .
"We are spending more R&D dollars on Linux than any other OS, given its size," Dell said.
That's their public statements; they are special, high end stuff. Crap, they just can't yet afford to piss off M$. And nothing pisses off the Redmond Illuminati more than cutting into their profits. As Linux starts to dominate the desktop, this will change. M$ will need Dell, Compaq, et al, as much as they need M$.
As for installation hassle factor for Linux vs. Wondows, most people get their computers with the OS and major software pre-installed, with "restore" disks that neatly restore everything to day one in case of a screw-up, anyway. Dell knows this as much as any of us.
the surveillance requirements are too burdensome and intrusive in principle, not just too costly.
Too costly is never a good platform to debate from. In technology, the price drops are too precipitious. Principle will last long after "costly" is history.
This will allow the government to crack 5-bit encryption in fractions of a second! Think of the repercussions for privacy! No longer will the NSA have to brute force their way through the entire keyspace (more than 30 possible keys!)
Seriously, though, if this follows the usual track of computer hardware development, sooner than most expect, there will be an operating model. This would enable the NSA to crack 128 bit encryption fast enough to seriously change the state of privacy.
I have enough sense to make 4096 bit keys whether it's currently necessary or not, but for most people, 128 bit is all they see as needed. This is coded into security apps too much already. In ten years how many people will still be using 128 bit as the "accepted standard", especially with the NSA standing in the way every chance it gets.
This is exactly what happens when the bandwidth provider (cable co.) is the monopoly ISP, also. While I am not a fan of AOHell by about 180 degrees, they were right about AT&T and cable ISP monopolies.
It doesn't matter where the servers are. Doing business with someone while they are on French soil brings on French jurisdiction. It's the same reason why someone in Minnesota who gambles with an offshore internet casino is still breaking Minnesota law.
Passing a law that makes no sense and/or is impractical is not new. If someone breaks it, they are still "breaking the law". But it's still useless and stupid and won't work.
someone like myself, who uses Windows as their primary development platform and needs to use C or C++ because he cannot afford the overhead that Java incurs, it's possible that C# would turn out to be a very beneficial compromise.
If I'm already coding for a Winblows enviro, I already have C++. I damn sure am not switching to some new, barely supported language just for the "new toy coolness" factor.
If the only right I happened to have while living in a hypothetical totalitarian regime was the right to fuck a goat twice a day, you bet that goat's asshole would be bleeding all day long.
At least you could pick a female goat! Ya' know, our holy Grand Poobah allows that . ..
Why do you talk about the cost of a blank cd as being part of the issue? For instance, a Redhat Linux CD costs $50 from Redhat. That's a helluva a lot more markup than ever occurs with a single mass produced music CD...
No, Red Hat charges only the copying cost for a CD. To do otherwise would be a violation of the GPL. Red Hat does charge for service and support, as they should.
Well, I just stepped over to the cubicle where we keep our spare P390s. There are seven sitting there; one of which I have OS390 IPLed on to play with. They are not so expensive, nor are Multiprise 3000s. They can both fit semi-under your desk. With a multiprise at only 63 MIPS, you could have plenty of room for getting stuff done.
"That sounds like a nightmare for managing the systems resources. Why would you want to?"
Well, normally, OS390 shops don't run 40k instances, but do run 3-4. Each one is run on its own LPAR, a separate sandbox for just it. There is at least one for production, one for development, one for testing. More are useful if you want to mix different company parts together wtih no danger of harm.
" . . . all there is is a system which is very hard to break into and which thus discourages most crackers." I have OS390 running RACF in my office. Yes, real security is real expensive, but it works. 1Alpha7
"PETA accused Doughney of trademark infringement and cybersquatting . . . " Both of these are obviously untrue. As a vegetarian and animal lover, I still think this is a disaster for cyber-law. "Doughney's attorney, G. Gervaise Davis, said he plans to appeal." Please God, let the higher court see the light. The one right in their face.
Slashdot Mirror
Joe User cares more about whizbang features than security.
Joe User cares when his identity is stolen and his bank account is wiped
1Alpha7
Is this legal ?
Legal isn't how the system works. My lawyer for this stuff sends out a letter easy as pie and charges me about US$100.00 to do it. I have gotten 100% results from these letters, although of course I am not harrassing the innocent.
Corporations call their "I have more money and lawyers" tactic SLAPPs, "Strategic Lawsuits Against Public Participation". Locally a church(ha) called The Church of Scientology has raised them to a high art. I strongly recommend studying their tactics to anyone interested in using lawyers as a bullying tactic. Just don't try that sh*t on me.
And here is the article at The Reg
http://www.theregister.co.uk/content/1/12905.html
Anyone have any real details
Here are some details from the WSJ
A judge allowed the first class-action suit to proceed against Microsoft Corp. on allegations that the software giant's monopoly harmed California consumers. Dozens of similar suits linger nationwide. In a 21-page opinion released late Tuesday, San Francisco Superior Court Judge Stuart R. Pollak said an untold number of California consumers could be represented in one trial to determine whether they were forced to pay unreasonably high costs for Microsoft products. He said denying the suit "could result in repetitious litigation." "This case involves a very large number of claimants with relatively small amounts at stake," Judge Pollak said. "Most consumers have little incentive to litigate independently since the costs of litigation undoubtedly would overwhelm their potential recovery." Microsoft spokesman James W. Cullinan said the Redmond, Wash., company is reviewing the ruling. "This is just one step in a long process in this case," Mr. Cullinan said. He declined further comment. Attorneys in the case are scheduled to meet with Mr. Pollak on Oct. 4 to prepare for a trial. No trial date has been set yet. The products at issue are Microsoft's Windows operating system, its MS-DOS operating system, Word programs and Excel software purchased on or after May 18, 1994. Microsoft urged Judge Pollak on Aug. 4 not to allow the case to proceed because it would be nearly impossible to determine damages. Microsoft attorney Charles B. Casper argued that the company markets its products to thousands of companies who resell them at different prices, adding that the judge would have to weigh each consumer's claim on a case-by-case basis. Lawyers seeking class-action status said that Microsoft was trying to shield itself behind its size. "Just make your business large enough that you can overcharge and get away with it," San Francisco attorney Daniel J. Furniss argued. Mr. Pollak's decision came three weeks after Microsoft asked a federal judge in Baltimore to dismiss or at least consolidate 62 pending federal and state class-action suits. That action is pending and, so far, none have been able to proceed. Courts in Hawaii, Iowa, Kentucky, Nevada, Oregon, Rhode Island and Texas have dismissed similar class-action lawsuits on grounds that laws in those states don't allow them. The majority of the cases nationwide were filed after U.S. District Court Judge Thomas Penfield Jackson in Washington, D.C., ruled that the company violated federal antitrust laws. Microsoft is appealing Mr. Jackson's ruling and his order to split the software giant into two companies. Three weeks ago, Mr. Pollak suggested that it would be a Herculean task for attorneys to demonstrate how consumers were wronged. "If they can't do it, they'll lose the case," Mr. Pollak said. Microsoft has argued that, even if it was a monopoly, consumers in many instances benefited and were not harmed. For instance, Microsoft says Netscape, now a division of America Online Inc., dropped its roughly $50 charge for a Web browser after Microsoft began giving its browser away for free.
No console can really compete with the games for a PC.
Yeah, when I see a game console with a 40 milion transistor CPU, a 30 million transistor video chip, broadband Internet access, and a 45 gig hard drive, I'll believe it.
Invented by a Brit in Switzerland
The Internet != the Web.
And I can probably name some other scientists who know more about hardware than he does. What gives him so much say.
Yes, and so can I. That's not relevant to the post at hand. Richard Feynman isn't Albert Einstein either, but he's no hobbyist. Comments need to be relevant to be useful. As for what gives him so much say, I suggest you peruse his site, and see if you can find a better one on the net.
. . . some hobbiest on the internet . . .
My question is who pays this "Tom" guy's wage?
Dr. Tom Pabst is not "some hobbiest" (sic). He is the leading hardware researcher on the internet, and Tom's Hardware is a leading public/independent lab, in Germany and Worldwide.
The funny thing is, every kid I've known diagnose with ADD liked to play video games for far longer than any of their classes. I think at least a major part of the solution lies in fixing our schools inability to handle the smartest kids.
Surprise, /. inhabitants are not uniformly "freebeerware morons". Not even all morons. Yes, since I am a businessman, I have indeed heard of services, and I have no particular fetish for the Free Software Movement.
However, you entirely missed the point by a barn-sized margin. The point isn't about cost structure, but the danger in hiding behind cost as a reason for not invading privacy. Cost structures can collapse unexpectedly, as any basic econ class would teach you. The right to privacy is inherent in the person, not the convenience.
I've been wondering for ages why the dell linux boxes are so much more expensive than the windows boxes.
Most of the customers for Dell Linux servers are using them as the server and storage products . . . "We are spending more R&D dollars on Linux than any other OS, given its size," Dell said.
That's their public statements; they are special, high end stuff. Crap, they just can't yet afford to piss off M$. And nothing pisses off the Redmond Illuminati more than cutting into their profits. As Linux starts to dominate the desktop, this will change. M$ will need Dell, Compaq, et al, as much as they need M$.
As for installation hassle factor for Linux vs. Wondows, most people get their computers with the OS and major software pre-installed, with "restore" disks that neatly restore everything to day one in case of a screw-up, anyway. Dell knows this as much as any of us.
the surveillance requirements are too burdensome and intrusive in principle, not just too costly.
Too costly is never a good platform to debate from. In technology, the price drops are too precipitious. Principle will last long after "costly" is history.
This will allow the government to crack 5-bit encryption in fractions of a second! Think of the repercussions for privacy! No longer will the NSA have to brute force their way through the entire keyspace (more than 30 possible keys!)
Seriously, though, if this follows the usual track of computer hardware development, sooner than most expect, there will be an operating model. This would enable the NSA to crack 128 bit encryption fast enough to seriously change the state of privacy.
I have enough sense to make 4096 bit keys whether it's currently necessary or not, but for most people, 128 bit is all they see as needed. This is coded into security apps too much already. In ten years how many people will still be using 128 bit as the "accepted standard", especially with the NSA standing in the way every chance it gets.
This is exactly what happens when the bandwidth provider (cable co.) is the monopoly ISP, also. While I am not a fan of AOHell by about 180 degrees, they were right about AT&T and cable ISP monopolies.
It doesn't matter where the servers are. Doing business with someone while they are on French soil brings on French jurisdiction. It's the same reason why someone in Minnesota who gambles with an offshore internet casino is still breaking Minnesota law.
Passing a law that makes no sense and/or is impractical is not new. If someone breaks it, they are still "breaking the law". But it's still useless and stupid and won't work.
This reminds me of Suck.com. An excellent way to define good is by its opposite. Yeah, and it's fun, too.
Moded down to -1(offtopic).
Moderator, you're perhaps an illiterate imbecile? That is a major point of the contest, to improve coding.
someone like myself, who uses Windows as their primary development platform and needs to use C or C++ because he cannot afford the overhead that Java incurs, it's possible that C# would turn out to be a very beneficial compromise.
If I'm already coding for a Winblows enviro, I already have C++. I damn sure am not switching to some new, barely supported language just for the "new toy coolness" factor.
If the only right I happened to have while living in a hypothetical totalitarian regime was the right to fuck a goat twice a day, you bet that goat's asshole would be bleeding all day long.
At least you could pick a female goat! Ya' know, our holy Grand Poobah allows that . . .
Why do you talk about the cost of a blank cd as being part of the issue? For instance, a Redhat Linux CD costs $50 from Redhat. That's a helluva a lot more markup than ever occurs with a single mass produced music CD...
No, Red Hat charges only the copying cost for a CD. To do otherwise would be a violation of the GPL. Red Hat does charge for service and support, as they should.
Anybody know what the boiling point of methane is? Titan must be pretty damn cold...
Methane (CH4)
Boiling Point: -161.5 C
Melting Point: -182.5 C
Cold, anyway.
Well, I just stepped over to the cubicle where we keep our spare P390s. There are seven sitting there; one of which I have OS390 IPLed on to play with. They are not so expensive, nor are Multiprise 3000s. They can both fit semi-under your desk. With a multiprise at only 63 MIPS, you could have plenty of room for getting stuff done.
"That sounds like a nightmare for managing the systems resources. Why would you want to?"
Well, normally, OS390 shops don't run 40k instances, but do run 3-4. Each one is run on its own LPAR, a separate sandbox for just it. There is at least one for production, one for development, one for testing. More are useful if you want to mix different company parts together wtih no danger of harm.
" . . . all there is is a system which is very hard to break into and which thus discourages most crackers."
I have OS390 running RACF in my office. Yes, real security is real expensive, but it works.
1Alpha7
"PETA accused Doughney of trademark infringement and cybersquatting . . . "
Both of these are obviously untrue. As a vegetarian and animal lover, I still think this is a disaster for cyber-law.
"Doughney's attorney, G. Gervaise Davis, said he plans to appeal."
Please God, let the higher court see the light. The one right in their face.