I am assuming you know this, but in case you don't, I'll point it out. The US is simply a group of independent sovereign states. In other words, you are first and foremost a citizen of the state of Texas, or Indiana, or Calif etc... Secondly, you are a citizen of the US because all 50 states have decided to become a member-state of the Union and allow the Constitution to become the supreme law of its land. Contrary to what was the result of the 'War of Northern Aggression', state involvement IS voluntary as states themselves are sovereign (ie they have their own Constitutions).
I think you are forgetting about real and personal property.
On the Net it is easy to forget about because the only "property" on the Net is 'intellectual' and honestly lots of us Slashdotter's either don't believe in IP, refuse to recognize it, or think it needs serious reform.
However, off the Net real and personal property are EXCEPTIONALLY important. And these types of properties are absolutely under the geographical jurisdiction of whatever sovereign state's law happens to be in place.
So, as political/legal boundaries erode away while you and I might be a member of the "global nerd community" or the "worldwide environmental movement" or the "international labor union brotherhood" the localized distinction is real when it comes to personal and real property.
but that's why there is a balance. Two houses, one represents the people directly, the other represents the states. One is a populist/commoner type of body, the other is comprised of professional/statesman types.
The founding fathers knew that the upper class should not control the lower and middle class, but they also knew that a full blown populist direct democracy would allow mob rule. So the balance is to give each their own house and make each house responsible to its own class.
The basis for US trademark law is the idea of limiting confusion in the market place. The threshold for having an unregistered trademark is simply "to use in commerce"
So if I start selling coffee on the street corner and call it Matt's Coffee, and someone 3 months later sets up a shop across the street also called "Matt's Coffee" then I can sue them for trademark infringment.
That being said, using metadata which includes trademarks should already be considered unlawful under current trademark law, unless there is a court ruling in which I am unaware of that provides an opposite standing. In other words, any judge/court will look at it and say that these metatags are "causing confusion in the marketplace" and rule against the defendent.
IANAL but I have taken a few copyright law courses.
Prior to 1913 the Senate was mostly made up of experienced professional politicians who had very little political ambition. In other words lots of them were ex-governors, ex-ambassadors, I think there was even an ex-President or two. They were pretty removed from the populace and the political whims of the day. In other words a proxy as compared to the House which was a direct representation of the populace.
Now that the 17th Amendment is in place there is no balance.
"Sometimes one really wishes the South won the War of the States... Certainly not for the sake of salvery, but because it was a war about a limited federal government."
I agree. The start of the downfall of Constitutional integrity was initiated by the Yanks during the War on the South. And then it was further pushed by the likes of Teddy Roosevelt and it has gotten progressively worse since FDR and the Cold War.
When I tell people that "yeah, I wish the South would've won the war" they give me the STRANGEST looks on their faces!!;-)
People have to be paid to design, install, and maintain these systems.
Also, with the increased savings, the retail outlet will have higher margins and thus able to compete better in the marketplace. This means prices will eventually go down costing consumers less.
This problem is the result of electing attorneys to public office, specifically legislative positions. Lawyers want to make themselves as much work as possible, and by complicating procedures, increasing legalese, and promoting litigious liability, an attorney is now needed to do pretty much anything other than to paint your house. It is insane.
Read the US Constitution sometime. It is written that any layman can understand it. Now go and read any piece of modern legislation. It is NOT as clear!
In the hundred years or so in the 20th century, the majority of Americans learned to read well (functional literacy). It appears that in this century the majority of Americans will learn to write well.
I am only 24 and college educated but writing seems to be natural for me. However I am absolutely amazed at how my family and friends that are a bit older than I am cannot write as well as I can. I definitely think there is a generational gap here. And chat rooms, blogs, e-mail, instant messengers, etc are not only part of the cause, but also the result.
Over the course of a typical day I must write(type) pages and pages worth of text on all various mediums including Slashdot. Previous generations didn't have this need or ability thus they never became acclimated to expository writing on a daily basis. There are of course exceptions, but I would say that for the majority of the population expository writing en mass is new to society.
There are two books that you should read on this subject by the same author: (Thomas J. Stanley)
The Millionare Next Door ISBN: 0671015206
The MIllionare Mind ISBN: 0740718584
Basically these books are a list of stats, psychographics, and demographics of currrenty modern millionares.
One of the reviews: "Besides offering insights into millionaires' pinchpenny ways, pleasing quips ("big brain, no bucks"), and 46 statistical charts with catchy titles, Stanley's book booms with human-potential pep talk and bristles with anecdotes--for example, about a bus driver who made $3 million, a doctor (reporting that his training gave him zero people skills) who lost $1.5 million, and a loser scholar in the bottom 10 percent on six GRE tests who grew up to be Martin Luther King Jr."
Personally I would venture to say that the brick-and-mortar casinos are heavily funding the coffers of those politicians that are pushing this through. It's another classic example of big business using government as a tool to regulate in their favor against small business and their competition.
The best way to avoid this is to make the government limited so that it only carries out its most basic functions. That's why I'm a (L)ibertarian.
I would venture to say that the brick-and-mortar casinos are heavily funding the coffers of those politicians that are pushing this through. It's another classic example of big business using government as a tool to regulate in their favor against small business and their competition.
The best way to avoid this is to make the government limited so that it only carries out its most basic functions. That's why I'm a (L)ibertarian.
The problem that the publishers are having with this isn't the fact the their lyrics are all over the place. The problem they have is that people are making money off their lyrics through ad revenue, when they have no legal right to profit or exploit those lyrics unless the publisher gives them that right.
I used to live in Orlando and many years ago NASA Select TV was actually one of our cable channels offered. It was awesome. Raw feeds without nonsensical discussion by uneducated news media.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
According to Article I, Section 8 of the US Constitution, no where is Congress authorized to make decrees or even suggestions about energy policy much less legislate or regulate it.
...both the Dems and the Reps have a "for sale" sign out.
They are both each just as corrupt as the other. There are only 3 major 3rd parties which are not sell-outs and stand firm on principles: the Libertarians, the Constitutionalists, and the Greens.
A society in which the government keeps its citizens from making mistakes is hardly a free society. Liberty and freedom means the freedom to make choices, good or bad, and then the consequences that come with those choices.
It's the unfortunate slippery slope of governmental expansion.
I think that Congress is a tool of the brick-and-mortar casino lobby.
Why go out to gamble when you can gamble online in the comfort of your own home? I think that the physical casinos are trying to use the government to axe their competition.
It's typical 'big business likes big government because big government has the power to regulate and legislate in favor of big business and against the competition'. This is why we need to get more libertarians in office to limit the size, scope, and power of the government back to the state originally set forth in the Constitution.
I would think a good analogy would be something like comparing the Net to a postal service? Most nations have them in one form or another.
Read this if you haven't already:
http://en.wikipedia.org/wiki/State
I am assuming you know this, but in case you don't, I'll point it out. The US is simply a group of independent sovereign states. In other words, you are first and foremost a citizen of the state of Texas, or Indiana, or Calif etc... Secondly, you are a citizen of the US because all 50 states have decided to become a member-state of the Union and allow the Constitution to become the supreme law of its land. Contrary to what was the result of the 'War of Northern Aggression', state involvement IS voluntary as states themselves are sovereign (ie they have their own Constitutions).
This is of course the legal perspective.
I think you are forgetting about real and personal property.
On the Net it is easy to forget about because the only "property" on the Net is 'intellectual' and honestly lots of us Slashdotter's either don't believe in IP, refuse to recognize it, or think it needs serious reform.
However, off the Net real and personal property are EXCEPTIONALLY important. And these types of properties are absolutely under the geographical jurisdiction of whatever sovereign state's law happens to be in place.
So, as political/legal boundaries erode away while you and I might be a member of the "global nerd community" or the "worldwide environmental movement" or the "international labor union brotherhood" the localized distinction is real when it comes to personal and real property.
No,
but that's why there is a balance. Two houses, one represents the people directly, the other represents the states. One is a populist/commoner type of body, the other is comprised of professional/statesman types.
The founding fathers knew that the upper class should not control the lower and middle class, but they also knew that a full blown populist direct democracy would allow mob rule. So the balance is to give each their own house and make each house responsible to its own class.
http://en.wikipedia.org/wiki/Bicameral
The basis for US trademark law is the idea of limiting confusion in the market place. The threshold for having an unregistered trademark is simply "to use in commerce"
So if I start selling coffee on the street corner and call it Matt's Coffee, and someone 3 months later sets up a shop across the street also called "Matt's Coffee" then I can sue them for trademark infringment.
That being said, using metadata which includes trademarks should already be considered unlawful under current trademark law, unless there is a court ruling in which I am unaware of that provides an opposite standing. In other words, any judge/court will look at it and say that these metatags are "causing confusion in the marketplace" and rule against the defendent.
IANAL but I have taken a few copyright law courses.
Did anyone else misread this as "one man's sperm is another man's art"!!?!?!?
I agree!
Prior to 1913 the Senate was mostly made up of experienced professional politicians who had very little political ambition. In other words lots of them were ex-governors, ex-ambassadors, I think there was even an ex-President or two. They were pretty removed from the populace and the political whims of the day. In other words a proxy as compared to the House which was a direct representation of the populace.
Now that the 17th Amendment is in place there is no balance.
"Sometimes one really wishes the South won the War of the States... Certainly not for the sake of salvery, but because it was a war about a limited federal government."
;-)
I agree. The start of the downfall of Constitutional integrity was initiated by the Yanks during the War on the South. And then it was further pushed by the likes of Teddy Roosevelt and it has gotten progressively worse since FDR and the Cold War.
When I tell people that "yeah, I wish the South would've won the war" they give me the STRANGEST looks on their faces!!
People have to be paid to design, install, and maintain these systems.
Also, with the increased savings, the retail outlet will have higher margins and thus able to compete better in the marketplace. This means prices will eventually go down costing consumers less.
This problem is the result of electing attorneys to public office, specifically legislative positions. Lawyers want to make themselves as much work as possible, and by complicating procedures, increasing legalese, and promoting litigious liability, an attorney is now needed to do pretty much anything other than to paint your house. It is insane.
Read the US Constitution sometime. It is written that any layman can understand it. Now go and read any piece of modern legislation. It is NOT as clear!
In the hundred years or so in the 20th century, the majority of Americans learned to read well (functional literacy). It appears that in this century the majority of Americans will learn to write well.
I am only 24 and college educated but writing seems to be natural for me. However I am absolutely amazed at how my family and friends that are a bit older than I am cannot write as well as I can. I definitely think there is a generational gap here. And chat rooms, blogs, e-mail, instant messengers, etc are not only part of the cause, but also the result.
Over the course of a typical day I must write(type) pages and pages worth of text on all various mediums including Slashdot. Previous generations didn't have this need or ability thus they never became acclimated to expository writing on a daily basis. There are of course exceptions, but I would say that for the majority of the population expository writing en mass is new to society.
There are two books that you should read on this subject by the same author:
(Thomas J. Stanley)
The Millionare Next Door
ISBN: 0671015206
The MIllionare Mind
ISBN: 0740718584
Basically these books are a list of stats, psychographics, and demographics of currrenty modern millionares.
One of the reviews:
"Besides offering insights into millionaires' pinchpenny ways, pleasing quips ("big brain, no bucks"), and 46 statistical charts with catchy titles, Stanley's book booms with human-potential pep talk and bristles with anecdotes--for example, about a bus driver who made $3 million, a doctor (reporting that his training gave him zero people skills) who lost $1.5 million, and a loser scholar in the bottom 10 percent on six GRE tests who grew up to be Martin Luther King Jr."
That's true. But the basic functions are set forth in the Constitution already.
i on.articlei.html#section8
In fact, it is estimated that 80-95% of every federal law passed is NOT congruent to Article 1 Section 8 of the Constitution:
http://www.law.cornell.edu/constitution/constitut
Personally I would venture to say that the brick-and-mortar casinos are heavily funding the coffers of those politicians that are pushing this through. It's another classic example of big business using government as a tool to regulate in their favor against small business and their competition.
d =15736452d =15736383
The best way to avoid this is to make the government limited so that it only carries out its most basic functions. That's why I'm a (L)ibertarian.
You can read more here:
http://yro.slashdot.org/comments.pl?sid=191483&ci
and
http://yro.slashdot.org/comments.pl?sid=191483&ci
I would venture to say that the brick-and-mortar casinos are heavily funding the coffers of those politicians that are pushing this through. It's another classic example of big business using government as a tool to regulate in their favor against small business and their competition.
d =15736452d =15736383
The best way to avoid this is to make the government limited so that it only carries out its most basic functions. That's why I'm a (L)ibertarian.
You can read more here:
http://yro.slashdot.org/comments.pl?sid=191483&ci
and
http://yro.slashdot.org/comments.pl?sid=191483&ci
Actually the lyrics and composition are one in the same copyright. The composition/lyrics and the recording are two different things however.
The problem that the publishers are having with this isn't the fact the their lyrics are all over the place. The problem they have is that people are making money off their lyrics through ad revenue, when they have no legal right to profit or exploit those lyrics unless the publisher gives them that right.
This isn't biz v. consumer, this is biz v. biz.
I used to live in Orlando and many years ago NASA Select TV was actually one of our cable channels offered. It was awesome. Raw feeds without nonsensical discussion by uneducated news media.
I know exactly what you are talking about!
See the 10th Amendment:
i on.billofrights.html#amendmentx
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
http://www.law.cornell.edu/constitution/constitut
In other words, if the Constitution doesn't specificially say that Congress can do it, then it is only able to be done by the states or the people.
According to Article I, Section 8 of the US Constitution, no where is Congress authorized to make decrees or even suggestions about energy policy much less legislate or regulate it.
i on.articlei.html#section8
See for yourself:
http://www.law.cornell.edu/constitution/constitut
I agree! Ron Paul is one of the few (if not the only) person in Congress with any integrity left! This is largely because he is a libertarian.
...both the Dems and the Reps have a "for sale" sign out.
They are both each just as corrupt as the other. There are only 3 major 3rd parties which are not sell-outs and stand firm on principles: the Libertarians, the Constitutionalists, and the Greens.
A society in which the government keeps its citizens from making mistakes is hardly a free society. Liberty and freedom means the freedom to make choices, good or bad, and then the consequences that come with those choices.
It's the unfortunate slippery slope of governmental expansion.
I think that Congress is a tool of the brick-and-mortar casino lobby.
Why go out to gamble when you can gamble online in the comfort of your own home? I think that the physical casinos are trying to use the government to axe their competition.
It's typical 'big business likes big government because big government has the power to regulate and legislate in favor of big business and against the competition'. This is why we need to get more libertarians in office to limit the size, scope, and power of the government back to the state originally set forth in the Constitution.