Seems fairly simple to me - they're handing you something but still asserting that it's theirs. So long as no money is transferred, that seems somewhat reasonable.
I mean, you wouldn't claim the library is gifting you books when you check them out, would you?
No, but you have a pre-existing contract with the Library (i.e. what you signed when you signed up for your library card).
So the question is whether the unsolicited nature makes a loan impossible. I'm not a lawyer but I briefly read the EFF's responses, and they seem to assert that the CD couldn't have been a loan but I didn't see where they provided any sort of precedent for that.
Anything I mail to you unsolicited, becomes yours. There are mountains of precedent to support this.
The basic question here is the same as most of the cases you see on daytime judge shows - is it a gift, or is it a loan?
Q. Am I obligated to return or pay for merchandise I never ordered?
A. No. If you receive merchandise that you didnâ(TM)t order, you have a legal right to keep it as a free gift.
It could be argued that graphic and non-graphic violence is fundamentally different because someone who feels that it is necessary to present or watch acts that are not socially acceptable (like rape or murder) are fantasizing about those acts
We don't, nor should we, punish or legislate fantasy. It is not illegal (or immoral) to fantasize about illegal acts.
Then the ISP shouldn't sell it as "unlimited pure and simple. My ISP said I have unlimited Internet for $X/month, I pay $X/month they better damn well give me unlimited Internet.
Yeah, that would be nice. Good thing that the iPod is exactly that. Every single iPod (and iPhone) ever made will play.mp3 files.
Get your facts straight.
OK, this article is useless without some mention of how powerful this beam is. They say that the reactor itself puts out 5MW, but nothing of the beam itself.
Given enough time, any mutation is possible. Go back far enough and cows and spiders have a common ancestor. Given the presence of the potential for random mutations, there is nothing that we could do to a species that time and nature could not.
Natural selection is a natural process, selective breeding is not. There is a difference. Natural selection is a result of organisms with mutations advantageous to their own survival out-reproducing organisms without that mutation, selective breeding is forcing organisms with mutations that are advantageous to us to out-reproduce organisms without the mutation. By definition, selective breeding is a form of genetic manipulation; period, the only difference is the speed at which the change takes place.
Hear Hear!
Humans have been "genetically modifying" and "genetically engineering" plants and animals since the dawn of humanity. The only difference is that we called it "selective breeding", and it was seen as "organic" and good.
It cannot be enhanced, but if you have some idea as to what is behind the blur, and you treat it like a hash, you can recover a remarkable amount of information: http://dheera.net/projects/blur.php
It's also legal in many American cities; people just tend to assume that toplessness is illegal. Take, for instance, New York city:
The Court of Appeals of New York ruled in 1992 that exposure of a bare female breast violates this law only when it takes place in a commercial context.
THIS is the problem:
"The iPhone regularly updates e-mail, even while it's off, so that all the messages will be available when the user turns it on."
Making that the default behavior is a stupid decision
Stop right there; it is not the default behavior. The iPhone's default behavior WRT checking e-mail is to only do it when the user taps the "Mail" icon. In order to have the iPhone automatically check e-mail, the user would have had to explicitly change that setting. Since that isn't the default behavior, the rest of your post is meaningless:
and it's one that is even as we speak costing customers money when they may not be realizing it. Automatically using the data connection without regard to the cell phone plan is completely stupid. Does it know the difference between peak and off-peak hours? Does it know what the customer's monthly data quota is? It apparently doesn't know when the customer is in international roaming!
Having that default behavior may have been sensible if Apple knew that the only plans that would work with an iPhone were 100% global unlimited plans. Then they could assume it's okay to download things whenever it feels like. But with the reality of cell phone plans? No way. That's retarded. And it is not these peoples' fault that they didn't expect their phone to work that way.
But it is their fault; they told the iPhone to automatically check and download their e-mail.
The iPhone's behavior is identical, except that it asks for confirmation after you've held the button down. From Apple's instructions:
iPhone can be locked by pressing the Sleep/Wake button. Once locked, iPhone will still receive calls and allow users to play music and adjust the volume. However, nothing will happen if the user accidently touches the screen.
To completely power off iPhone, press and hold the Sleep/Wake button for a few seconds. Then, drag the red on-screen slider to confirm.
I think Apple really screwed up here and should probably compensate the guy for this. There should be an options to:
- disable all data transfers
- disable cellular data transfers
I agree 100% on these two. However, there are things you can do to minimize the data connections:
* Don't turn on automatic e-mail checking (it is off by default, so no problem there)
* Don't open the web-browser, Google Maps, YouTube, etc.
This still won't help with voicemail; as I understand it, the iPhone pre-downloads voicemail messages over EDGE, though I could be wrong.
- disable wi-fi data transfers
- turn off the antenna
When the iPhone is off, it is indeed off (zero power consumption, zero RF emmisions, etc.). They probably had it in standby mode and didn't know the difference.
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Blizzard get's pretty upset when Warcraft III's online component gets cracked.
Hell, if the results are less than 15 miles, you should be biking to work.
Wouldn't a female overlord be an overlady?
To really experience the Monster advantage, you have to run a green magic marker along the wire. I've got one I'll sell for $350 + s/h :)
Here is a relevant FAQ from the FTC: http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro15.shtm. Pay special attention to the very first question:
Seems pretty cut-and-dry to me.
Are they inexpensive? or independent?
Then the ISP shouldn't sell it as "unlimited pure and simple. My ISP said I have unlimited Internet for $X/month, I pay $X/month they better damn well give me unlimited Internet.
And the same thing would have happened with any thick, syrup.
It's a placebo. Just give them a spoonful of Karo syrup and tell them it's cough syrup. It tastes better and is just as effective.
Yeah, that would be nice. Good thing that the iPod is exactly that. Every single iPod (and iPhone) ever made will play .mp3 files.
Get your facts straight.
As part of a previously mentioned test protocol, Aperture Science reminds you that you will be baked; and then there will be cake.
Electrons are matter, so why wouldn't anti-electrons/positrons be anti-matter?
OK, this article is useless without some mention of how powerful this beam is. They say that the reactor itself puts out 5MW, but nothing of the beam itself.
I think you mean NUKYULAR!
Given enough time, any mutation is possible. Go back far enough and cows and spiders have a common ancestor. Given the presence of the potential for random mutations, there is nothing that we could do to a species that time and nature could not.
Natural selection is a natural process, selective breeding is not. There is a difference. Natural selection is a result of organisms with mutations advantageous to their own survival out-reproducing organisms without that mutation, selective breeding is forcing organisms with mutations that are advantageous to us to out-reproduce organisms without the mutation. By definition, selective breeding is a form of genetic manipulation; period, the only difference is the speed at which the change takes place.
Hear Hear! Humans have been "genetically modifying" and "genetically engineering" plants and animals since the dawn of humanity. The only difference is that we called it "selective breeding", and it was seen as "organic" and good.
It cannot be enhanced, but if you have some idea as to what is behind the blur, and you treat it like a hash, you can recover a remarkable amount of information:
http://dheera.net/projects/blur.php
When the iPhone is off, it is indeed off (zero power consumption, zero RF emmisions, etc.). They probably had it in standby mode and didn't know the difference.