Though this is for a State Commission, and subject to Ca. rule of law, wouldn't campaigning across Federal Districts be, a no-no? Much less an ethics violation.
Can we get a lawyer in here?
IIANAL but the CA elections code only bans taking the voter roles out of the country, a wobbler carrying a three year sentence.
I seem to remember the person that won the P0wn20wn contest stating that there are several security enhancements with regards to the memory stack that are not present in OSX but are in FreeBSD, Linux, and Vista.
But this may be things like the windows login being provably secure, but the firewire driver allowing you to end run the login screen.
Windows has security features that on paper make it look like it could be a very secure system, the problem is that once you have locked it down to use all the security features, you probably have to write your own applications, as most off the shelf windows software does not run in that type of environment.
IANAL, but I have found If you have problem with not being served, or any other behavior, you need to tell the judge (and opposing council) and since this is the first time the judge has heard about it the judge is going to be of the attitude of let's fix this and move on, and this being the first time the judge has heard of it, may make take the attitude, mistakes happen.
Once you have filed multiple notices to the court, and things are continuing to go wrong, you can ask for a corrective order, which can include sanctions (damages) for the bad behavior. In really nasty litigation, sanctions can be a sub plot of almost as great of issue as the real complaint.
I have found Cornell Law schools online classes amazingly helpful for figuring a lot of this out.
IANAL, but In almost all -- if not all states if a company is in small claims court they must send one of the following:
The company has to send?
I live in FL and looked into suing the company that sold me my laptop for violating the terms of the warranty they sent me (they claimed that the company that sold them the warranty services had gone bankrupt) and I found out that I had to sue them where they were headquartered (somewhere in Las Vegas IIRC). That effectively makes small claims court irrelevent, since it costs far too much in terms of time and travel to do so.
If the company is in bankruptcy, you should not have to sue them, you should be able to locate the bankruptcy case in Nevada and file a claim.
Once you locate the case, you will see a listed phone number for their attorney. You are not supposed to call the party that is in bankruptcy, but to call their lawyer.
Their attorney should send you a form to fill out, filling out the form and sending it in maybe the easiest chance of getting your money , or at least part of it.
If nobody is sending in claims, you may get all the money owed to you.
I would go talk to a law clinic at one of the local law schools, or see if you can find a bankruptcy attorney that will give you a free consultation.
If you can get the case number, and court and opposing council's contact information (which will be located on the first page of every filing) you should be able to get usable advice.
Sometimes it would. Damages for one case might be capped, but if they think it could lead to a class-action or other large suit they could well spend more than the maximum damages defending.
View the US law as sort of the reverse of overloading variables in a programming language.
Small claims must do what the county court says.
The county court must do as the appeals court says.
The appeals court must do what the state supreme court says,
The state supreme court must do what the US supreme court says.
As long as court does not go against a court above it, it can interpret the law as it sees fit, to make the law practical.
So, nobody can use a small claims court decision for anything other than a template for how to file a small claims case.
A massive number of small claims would require a level of social organizing I have never witnessed, and I have managed thousands of volunteers for a single local election that people were very passionate about.
Some examples of things that did not get thousands of small claims to be filed: FSF supporters demanding windows refunds. Sony root kits Spam Apples defective mag safe power cords.
While you theoretically might be correct, the reality is that you are more likely to be told by the judge that you didn't do what you needed to than to find stiff opposition from a corporation.
You will get opposition from the in house council that knows the law better than you. (although they are in house council, so they may just view it more as a morning off work than anything else.)
IANAL, but In almost all -- if not all states if a company is in small claims court they must send one of the following:
The owner (if a sole proprietorship) A general partner (if a partnership) An officer of the company (If a corporation or a form of partnership that has officers) or a regular employee of the company.
The last one means that a company cannot hire an attorney to go to court, but if they have an attorney on staff that employee can go to court for the company. Here is a basic overview from the California courts:
IANAL , that being said. The law states that Lawyers in the US have a duty as officers of the court to look out for their clients interest and make sure that all parties without representation are fully aware of what is happening, and explain things to them in a manner that they understand what is going on.
This is one of the reasons that lawyers hate going against pro per litigants. another reason, is that you cannot talk to the other side and get someone that knows what proper procedure is.
So, while the attorney has a primary duty to their client, they can (theoretically, I don't know of it ever happening) be disbarred by failing to inform that party without a lawyer what is going on.
Without knowing the case, and reading the pleadings, I could not guess if what the grandparent post is claiming is appropriate behavior for opposing council or not.
Opera is a major backer of web standards; typically the most compliant browser (Chromium guys don't seem to have a problem with pointing that out); they initiated HTML5 video tag and are backing Theora-only solution from the beginning. Plus there are just so many ways to keep the browser afloat - while all other big ones exist thanks to major corporate backing (yes, also Mozilla...you don't remember AOL?), Opera simply always chosen to go without corporate daddy...but that needed a way to make revenue for a long time already, not only when lately revenue from searches became viable. They not only found their niche, but are giving for free a usable browser to the fastest-growing segment of the market. Millions of people who wouldn't have a browser otherwise.
Give them some credit...
PS. What was that mess with Firefox (free?) and Debian?
The mess with Debian and Firefox is that Debian was the only people that were still fixing security holes in Firefox 1.x and mozilla got upset because they were distributing an unauthorized version (lacking the security holes) with the Firefox name.
Debian compiles firefox with iceweasel branding instead of firefox branding, most distributions modify firefox more than debian.
Canonical (ubuntu) claimed the whole thing was because the debian developers were being unreasonable, and then when they found themselves in the same situation with their LTS version of ubuntu couldn't use use iceweasel and created "abrowser" and were ready to set abrowser as the ubuntu default when Mozilla came up with a compromise that worked for Canonical and Mozilla.
It was mostly an example of how badly debian does at PR.
So, taxes pay for the roads, the sidewalks, etc. If you pay taxes, and you park where these fucking abominations are, then you get the pleasure of paying another tax
Do you use the same complaint against toll roads?
Yes.
However, toll bridges in the bay area are mostly supported by the tolls, as the population decided to slowly lower the effective tax rate in the state. many decades ago.
The biggest speed improvement would be if the replace firefox with chrome.
For the non-linux desktop users. Chrome is slightly faster on Linux than Windows, Firefox for linux is so slow that Firefox.exe under wine is much faster than the native version of firefox. (about 90% on my machine.)
... And I disagree about a crisis of sustainability. FOSS has not been wildly profitable as a whole. It has not inspired a huge numbers of vibrant projects. For every FireFox there are tens of thousands of projects that never get past a page on source forge. Even some really good FOSS software just sort of lingers on the fringe. One great project IMHO is DeVeDe which is a super simple and easy to use DVD creation tool. "I am not the dev but I use it" Without a clear source of revenue projects will fade. BTW the problem is getting worse for closed source software....
But, neither has closed source software been wildly profitable, as a whole.
over 90% of the wysiwig web page creator tools in the '90s didn't survive until 2000, and most of them never turned a profit, despite VC funding (or maybe because of VC funding), Dreamweaver, and Frontpage are the exceptions, and Frontpage was profitable because it was bought by microsoft.
Software patents should be required to contain non-obfuscated source code with the source code placed in the public domain, as the code is already subject to patent protection.
That would mean that closed source developers could gain something by looking at patents, and the obviousness of the patents might be easier to see.
I don't agree with software patents, but most software patents are less useful than the average spec sheet as for helping create a product.
let's do away with the arbitrage, gambling, and bullshit from wall street. make them own a stock for ONE WHOLE DAY. No more of this low-latency trading bullshit.
A Capital Gains Tax that started at 95% and decreased ~2.5% per month would go a long way towards fixing many problems (/avoiding them in the first place).
So you short against the box. (buy N shares and sell N shares short collaterallizing the type two account (the account that buys the stock) with the cash in the type 3 account (the account that is short the stock)
Worst case, you have to deliver the borrowed stock before 38 months have passed, and get hit with a tax bill when you unwind the trade in a private transaction between your two accounts.
Why are there no public records of everything that happened during this trial?
Because court reporters supplement their income by selling copies to the litigants (a copy of what you said at your deposition should only cost you a couple grand or so.)
Hear, hear. Just because the guy is a nerd doesn't mean we have to rally 'round him.
Of course, if during the trial everyone's login credentials were exposed (I don't know if they were, I didn't RTFA) that would be pretty goddamn stupid indeed.
They were. by the people that Childs said were not trustworthy to have the passwords to the 911 system.
I didn't follow the case that closely, but that seemed to give Childs some credibility. I don't know what he was or was not guilty of.
Slashdot Mirror
Though this is for a State Commission, and subject to Ca. rule of law, wouldn't campaigning across Federal Districts be, a no-no? Much less an ethics violation.
Can we get a lawyer in here?
IIANAL but the CA elections code only bans taking the voter roles out of the country, a wobbler carrying a three year sentence.
...or other person having an established relationship with the person...
The established relationship is voter, candidate.
The biggest problem is that she couldn't figure this out, and made up some BS about it being out of state having something to do with anything.
So, the call was a) unethical, b) legal, c) the judge is an idiot that doesn't know the law so should not be returned to the bench.
I seem to remember the person that won the P0wn20wn contest stating that there are several security enhancements with regards to the memory stack that are not present in OSX but are in FreeBSD, Linux, and Vista.
But this may be things like the windows login being provably secure, but the firewire driver allowing you to end run the login screen.
Windows has security features that on paper make it look like it could be a very secure system, the problem is that once you have locked it down to use all the security features, you probably have to write your own applications, as most off the shelf windows software does not run in that type of environment.
IANAL, but I have found If you have problem with not being served, or any other behavior, you need to tell the judge (and opposing council) and since this is the first time the judge has heard about it the judge is going to be of the attitude of let's fix this and move on, and this being the first time the judge has heard of it, may make take the attitude, mistakes happen.
Once you have filed multiple notices to the court, and things are continuing to go wrong, you can ask for a corrective order, which can include sanctions (damages) for the bad behavior. In really nasty litigation, sanctions can be a sub plot of almost as great of issue as the real complaint.
I have found Cornell Law schools online classes amazingly helpful for figuring a lot of this out.
IANAL, but In almost all -- if not all states if a company is in small claims court they must send one of the following:
The company has to send?
I live in FL and looked into suing the company that sold me my laptop for violating the terms of the warranty they sent me (they claimed that the company that sold them the warranty services had gone bankrupt) and I found out that I had to sue them where they were headquartered (somewhere in Las Vegas IIRC). That effectively makes small claims court irrelevent, since it costs far too much in terms of time and travel to do so.
If the company is in bankruptcy, you should not have to sue them, you should be able to locate the bankruptcy case in Nevada and file a claim.
Once you locate the case, you will see a listed phone number for their attorney. You are not supposed to call the party that is in bankruptcy, but to call their lawyer.
Their attorney should send you a form to fill out, filling out the form and sending it in maybe the easiest chance of getting your money , or at least part of it.
If nobody is sending in claims, you may get all the money owed to you.
I would go talk to a law clinic at one of the local law schools, or see if you can find a bankruptcy attorney that will give you a free consultation.
If you can get the case number, and court and opposing council's contact information (which will be located on the first page of every filing) you should be able to get usable advice.
Sometimes it would. Damages for one case might be capped, but if they think it could lead to a class-action or other large suit they could well spend more than the maximum damages defending.
View the US law as sort of the reverse of overloading variables in a programming language.
Small claims must do what the county court says.
The county court must do as the appeals court says.
The appeals court must do what the state supreme court says,
The state supreme court must do what the US supreme court says.
As long as court does not go against a court above it, it can interpret the law as it sees fit, to make the law practical.
So, nobody can use a small claims court decision for anything other than a template for how to file a small claims case.
A massive number of small claims would require a level of social organizing I have never witnessed, and I have managed thousands of volunteers for a single local election that people were very passionate about.
Some examples of things that did not get thousands of small claims to be filed:
FSF supporters demanding windows refunds.
Sony root kits
Spam
Apples defective mag safe power cords.
While you theoretically might be correct, the reality is that you are more likely to be told by the judge that you didn't do what you needed to than to find stiff opposition from a corporation.
You will get opposition from the in house council that knows the law better than you. (although they are in house council, so they may just view it more as a morning off work than anything else.)
IANAL, but In almost all -- if not all states if a company is in small claims court they must send one of the following:
The owner (if a sole proprietorship)
A general partner (if a partnership)
An officer of the company (If a corporation or a form of partnership that has officers)
or a regular employee of the company.
The last one means that a company cannot hire an attorney to go to court, but if they have an attorney on staff that employee can go to court for the company. Here is a basic overview from the California courts:
http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm#whogoes
IANAL , that being said. The law states that Lawyers in the US have a duty as officers of the court to look out for their clients interest and make sure that all parties without representation are fully aware of what is happening, and explain things to them in a manner that they understand what is going on.
This is one of the reasons that lawyers hate going against pro per litigants. another reason, is that you cannot talk to the other side and get someone that knows what proper procedure is.
So, while the attorney has a primary duty to their client, they can (theoretically, I don't know of it ever happening) be disbarred by failing to inform that party without a lawyer what is going on.
Without knowing the case, and reading the pleadings, I could not guess if what the grandparent post is claiming is appropriate behavior for opposing council or not.
Opera is a major backer of web standards; typically the most compliant browser (Chromium guys don't seem to have a problem with pointing that out); they initiated HTML5 video tag and are backing Theora-only solution from the beginning. Plus there are just so many ways to keep the browser afloat - while all other big ones exist thanks to major corporate backing (yes, also Mozilla...you don't remember AOL?), Opera simply always chosen to go without corporate daddy...but that needed a way to make revenue for a long time already, not only when lately revenue from searches became viable. They not only found their niche, but are giving for free a usable browser to the fastest-growing segment of the market. Millions of people who wouldn't have a browser otherwise.
Give them some credit...
PS. What was that mess with Firefox (free?) and Debian?
The mess with Debian and Firefox is that Debian was the only people that were still fixing security holes in Firefox 1.x and mozilla got upset because they were distributing an unauthorized version (lacking the security holes) with the Firefox name.
Debian compiles firefox with iceweasel branding instead of firefox branding, most distributions modify firefox more than debian.
Canonical (ubuntu) claimed the whole thing was because the debian developers were being unreasonable, and then when they found themselves in the same situation with their LTS version of ubuntu couldn't use use iceweasel and created "abrowser" and were ready to set abrowser as the ubuntu default when Mozilla came up with a compromise that worked for Canonical and Mozilla.
It was mostly an example of how badly debian does at PR.
I remember back like 4 years ago it was twice as fast as IE.
It's now about five times faster than IE, unfortunately that still isn't very fast.
The big rewards lately have gone to Non-practicing entities. Those with no products. AKA Patent Trolls.
This provides no relief against someone that has no products.
However, toll bridges in the bay area are mostly supported by the tolls...
Huh, and all this time i thought they were supported by pylons, towers, and cables. Fancy that...
Nope, unicorn farts.
So, taxes pay for the roads, the sidewalks, etc. If you pay taxes, and you park where these fucking abominations are, then you get the pleasure of paying another tax
Do you use the same complaint against toll roads?
Yes.
However, toll bridges in the bay area are mostly supported by the tolls, as the population decided to slowly lower the effective tax rate in the state. many decades ago.
This hasn't been my experience--I find FF faster by far on Linux than XP. I haven't tried Chrome yet.
Have you tried firefox.exe with wine and compared the javascript benchmarks? Or just the general perception of how fast/slow things are?
The biggest speed improvement would be if the replace firefox with chrome.
For the non-linux desktop users. Chrome is slightly faster on Linux than Windows, Firefox for linux is so slow that Firefox.exe under wine is much faster than the native version of firefox. (about 90% on my machine.)
Reminds me of one of my roommates in college.
He had a poster of the saying (IIRC) "real programmers don't use operating systems they write directly on the hardware as god intended."
Overall, besides the idea that software was profitable, I agree with you.
The examples I was trying to give you were over 10 years old.
Software has never been, over all, that profitable, but when it is profitable, it can be very profitable.
... And I disagree about a crisis of sustainability. FOSS has not been wildly profitable as a whole. It has not inspired a huge numbers of vibrant projects. For every FireFox there are tens of thousands of projects that never get past a page on source forge. ...
Even some really good FOSS software just sort of lingers on the fringe. One great project IMHO is DeVeDe which is a super simple and easy to use DVD creation tool.
"I am not the dev but I use it"
Without a clear source of revenue projects will fade.
BTW the problem is getting worse for closed source software.
But, neither has closed source software been wildly profitable, as a whole.
over 90% of the wysiwig web page creator tools in the '90s didn't survive until 2000, and most of them never turned a profit, despite VC funding (or maybe because of VC funding), Dreamweaver, and Frontpage are the exceptions, and Frontpage was profitable because it was bought by microsoft.
Just a note, overcast doesn't hit solar that bad. San Francisco is overcast a huge percentage of the time and is still very good for solar.
Bare minimum reform,
Software patents should be required to contain non-obfuscated source code with the source code placed in the public domain, as the code is already subject to patent protection.
That would mean that closed source developers could gain something by looking at patents, and the obviousness of the patents might be easier to see.
I don't agree with software patents, but most software patents are less useful than the average spec sheet as for helping create a product.
let's do away with the arbitrage, gambling, and bullshit from wall street. make them own a stock for ONE WHOLE DAY. No more of this low-latency trading bullshit.
A Capital Gains Tax that started at 95% and decreased ~2.5% per month would go a long way towards fixing many problems (/avoiding them in the first place).
So you short against the box. (buy N shares and sell N shares short collaterallizing the type two account (the account that buys the stock) with the cash in the type 3 account (the account that is short the stock)
Worst case, you have to deliver the borrowed stock before 38 months have passed, and get hit with a tax bill when you unwind the trade in a private transaction between your two accounts.
I am sure that there are other workarounds.
US Mail is considered valid service in most civil matters, but you typically have to give the other side an extra couple weeks to respond.
Faxes are cheaper, and give the other side less time to respond, ergo layers still use faxes.
Why are there no public records of everything that happened during this trial?
Because court reporters supplement their income by selling copies to the litigants (a copy of what you said at your deposition should only cost you a couple grand or so.)
Hear, hear. Just because the guy is a nerd doesn't mean we have to rally 'round him.
Of course, if during the trial everyone's login credentials were exposed (I don't know if they were, I didn't RTFA) that would be pretty goddamn stupid indeed.
They were. by the people that Childs said were not trustworthy to have the passwords to the 911 system.
I didn't follow the case that closely, but that seemed to give Childs some credibility. I don't know what he was or was not guilty of.