Yes and no. While it is not a pre-emptive strike against the allegations... it is a pre-emptive attack on JURISDICTION. Jurisdiction analysis only looks at the defendant. OCP knew that if they were sued in FL... as the defendant they would have a hard time saying that they didn't have minimum contacts in FL. But their lawyers anticipated this and filed suit in TX first. Simply put... they brought the ball to their court. Now it is up to IL to prove that TX has no personal jurisdiction. IL is definitely on the defensive at this point.
but of course... OCP's lawyers saw this coming and instituted legal proceedings in TX first. therefore the TX proceedings will likely take precedence over the FL proceedings... unless there some type of interlocutory appeal.
Fair Play & Substantial Justice + Minimum Contacts = Jurisdiction
This is the test that came out of cases like International Volkswagen, Asahi Metals and Burger King.
Pavlovich v. Superior Court, the CA Supreme Court ruled that the DVD Copy Control Association could not get a CA court to exercise personal jurisdiction over someone who posted the DeCSS code on an Indiana website because it was not reasonably forseeable that his actions MAY harm a CA plaintiff. Service of process was quashed and the defendant walked on this case, the fact that his website was not interactive and the fact that he derived no profit from the website appeared to me to be important factors. Note that this was a VERY close case and is therefore not SOLID law.
However, a few years earlier... the US Supreme Court in Calder v. Jones found that a newspaper in Florida had harmed a CA actress by publishing a defamatory story. Adopting an "effects test" they held that the COMMERCIAL publication of the story caused very real damages in CA. Therefore the US Supreme Court allowed CA courts to exercise personal jurisdiction over the defendants. Note that the court made no finding of fact as to the allegations.
This case reads more like Calder. While it is most likely that IL's case has no merit... it does appear that OCP's actions more closely resemble Calder. OCP maintains a commercial interactive website, derive a profit from FL subscribers and knew that there would be a substantial effect on the plaintiff in FL. Allow me to reiterate the fact that jurisdictional analysis does not presuppose to make any determination as to an issue of fact within the case, only whether asserting personal jurisdiction over a person or entity is consistent with traditional notions of fair play & substantial justice and/or the defendant has minimum contacts [purposeful availment] in the forum jurisdiction.
although you are using this as an example of the oppressive Hindu caste system... in reality this family may have just wanted to help some kids out and let them do some chores around the house/court/etc. if they were really being cheap/evil I'm sure they would have let the girl pick up her own balls and let all the poor children starve.
perhaps if there was actually a space threat from someone... reasonable people would feel differently. the Chinese are almost 50 years behind us... excuse my lack of alarm.
when one government agency gets something like this... there is no way to tell who else they share it with. Since they are not bound by any privacy concerns or any tort liability on the matter... they can do what they want with the information. This came to mind when someone posted that it SURELY must have been the NSA who got these records AND NOT NASA. Well... who says that NASA didn't also share this data with the NSA and whoever else wanted to play with it? HOPEFULLY a new administration will put their foot down on these shenanegans.
Regardless of whether it's a cultural preference... a cut penis is much more pleasing to the eye than some guy's elephant trunk. But then again the uncut guy probably has more enjoyable sex... so I guess there is some merit to both sides of the debate.
today Yaakov Smirnov announced that he will be distributing his new comedy CD over the WEED network as well. As you already know... this development comes on the heels of other major artist launches on the WEED network by such industry giants as: Winger, Carrot Top, Nelson and the Corey Feldman Band.
You're right. I wrote this about 10 minutes after waking up so I am going to assert the "groggyhead" defense.
Yahoo execs must play a lot of Risk.
on
Yahoo to Dump Google
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· Score: 5, Insightful
You know how when you play risk... and you team up with one of your friends... you have to keep an eye on him to make sure he doesn't get too strong? If he gets too strong he might turn around and start pillaging your homeland... so you have to remain friends as long as possible and then pick the right moment to invade him... feigned disgust notwithstanding.
This is the same thing here... Yahoo teamed up with Google as long as the relationship was substantially beneficial to Yahoo. However... with Google's recent IPO... it is clear to the Yahoo suits that shareholders are going to want Google to "put out". This most likely would include a more full-figured search portal which would very likely ensure that Yahoo loses most of the armies it gets at the beginning of its turn and pretty eliminate any potential for new Risk cards. So Yahoo decided to screw Google first and try to solidify their position as the premier search portal for all the web refuse that isn't already part of the AOL empire.
Well at first I was like... HE GOT ME! But thereafter I came to learn that NASA employs a team of ELITE HORTICULTURISTS who engaged in lawnmower operations in the area in questions.
It looks like they dropped this Mars explorer out somewhere between Palmdale and Lancaster, CA. In fact... I think I can make out a meth-lab trailer in the distance.
My understanding of the word is that it is descriptive of a weak male who is physicially dominated and forced into engaging into submissive sexual acts... usually with another male and often while incarcerated. In that sense... it is fitting that Ashton Kutcher name is now associated with this word... even though he has bastardized its meaning.
Well most of them are on the outside of bath houses, massage parlours and other such establishments. To put it bluntly... the Japanese salarymen don't want the Harlem Globetrotters all up in their favorite bar girls... "tearing shit up".
Another big import in Japan is GIRLS... they bring them from all over.... South America, Canada, Southeast Asia, Eastern Europe for some good-old fashioned Japanese molestation and defiling. As Yakoov Smirnov would say... "what a country!"
they were both programs AND programmers. obviously new programs need to be written... and guess who's going to write them? other programs... INDIAN programs.
Here's a crash course for you guys who haven't heard of this wonderful series. (This coming from a guy who hates comic books and comic book characters in general)
-the "Trainman" was the gyrocopter guy from Mad Max -the face from Tron -the "face ship" modelled after the ships from Buckaroo Banzai -Robotech/Macross mecha -in the club... "CYPHERMEN" from THE INVISIBLES -Monica Bellucci is a fox. -in the Matrix... the programmers are all from India -the "Merovingians" were a line of kings in Southern France before the Middle Ages who believed themselves to be direct descendants of Jesus Christ. the Catholic Church wiped them out along with the Cathars, Gnostics and the Templars. -everyone needs to read THE INVISIBLES -there was more but I forgot it on the way home.
For a fact... in Los Angeles... the antiquated traffic control systems are not equipped to deal with these devices. I know... I used to install the traffic control systems and these things haven't been upgraded since 1972. And ever notice that every LA car chase has police running red lights behind the perp? Me too.
Keep your pimp hand strong with WozNet!!!
on
Wozniak Unveils WozNet
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· Score: 2, Insightful
Imagine the possibilities for pimps:
monitor all your hos... know when they're working it and when you need to go put the smack down. plus you can tell how many cars they got in and how much they need to be coughing up once you roll past in your Caddy.
Slashdot Mirror
Yes and no. While it is not a pre-emptive strike against the allegations... it is a pre-emptive attack on JURISDICTION. Jurisdiction analysis only looks at the defendant. OCP knew that if they were sued in FL... as the defendant they would have a hard time saying that they didn't have minimum contacts in FL. But their lawyers anticipated this and filed suit in TX first. Simply put... they brought the ball to their court. Now it is up to IL to prove that TX has no personal jurisdiction. IL is definitely on the defensive at this point.
but of course... OCP's lawyers saw this coming and instituted legal proceedings in TX first. therefore the TX proceedings will likely take precedence over the FL proceedings... unless there some type of interlocutory appeal.
Fair Play & Substantial Justice + Minimum Contacts = Jurisdiction
This is the test that came out of cases like International Volkswagen, Asahi Metals and Burger King.
Pavlovich v. Superior Court, the CA Supreme Court ruled that the DVD Copy Control Association could not get a CA court to exercise personal jurisdiction over someone who posted the DeCSS code on an Indiana website because it was not reasonably forseeable that his actions MAY harm a CA plaintiff. Service of process was quashed and the defendant walked on this case, the fact that his website was not interactive and the fact that he derived no profit from the website appeared to me to be important factors. Note that this was a VERY close case and is therefore not SOLID law.
However, a few years earlier... the US Supreme Court in Calder v. Jones found that a newspaper in Florida had harmed a CA actress by publishing a defamatory story. Adopting an "effects test" they held that the COMMERCIAL publication of the story caused very real damages in CA. Therefore the US Supreme Court allowed CA courts to exercise personal jurisdiction over the defendants. Note that the court made no finding of fact as to the allegations.
This case reads more like Calder. While it is most likely that IL's case has no merit... it does appear that OCP's actions more closely resemble Calder. OCP maintains a commercial interactive website, derive a profit from FL subscribers and knew that there would be a substantial effect on the plaintiff in FL. Allow me to reiterate the fact that jurisdictional analysis does not presuppose to make any determination as to an issue of fact within the case, only whether asserting personal jurisdiction over a person or entity is consistent with traditional notions of fair play & substantial justice and/or the defendant has minimum contacts [purposeful availment] in the forum jurisdiction.
better chasing tennis balls for food money...
than not chasing tennis balls for no food money.
although you are using this as an example of the oppressive Hindu caste system... in reality this family may have just wanted to help some kids out and let them do some chores around the house/court/etc. if they were really being cheap/evil I'm sure they would have let the girl pick up her own balls and let all the poor children starve.
perhaps if there was actually a space threat from someone... reasonable people would feel differently. the Chinese are almost 50 years behind us... excuse my lack of alarm.
when one government agency gets something like this... there is no way to tell who else they share it with. Since they are not bound by any privacy concerns or any tort liability on the matter... they can do what they want with the information. This came to mind when someone posted that it SURELY must have been the NSA who got these records AND NOT NASA. Well... who says that NASA didn't also share this data with the NSA and whoever else wanted to play with it? HOPEFULLY a new administration will put their foot down on these shenanegans.
Regardless of whether it's a cultural preference... a cut penis is much more pleasing to the eye than some guy's elephant trunk. But then again the uncut guy probably has more enjoyable sex... so I guess there is some merit to both sides of the debate.
BTW I have no idea why I am posting this.
today Yaakov Smirnov announced that he will be distributing his new comedy CD over the WEED network as well. As you already know... this development comes on the heels of other major artist launches on the WEED network by such industry giants as: Winger, Carrot Top, Nelson and the Corey Feldman Band.
You're right. I wrote this about 10 minutes after waking up so I am going to assert the "groggyhead" defense.
You know how when you play risk... and you team up with one of your friends... you have to keep an eye on him to make sure he doesn't get too strong? If he gets too strong he might turn around and start pillaging your homeland... so you have to remain friends as long as possible and then pick the right moment to invade him... feigned disgust notwithstanding.
This is the same thing here... Yahoo teamed up with Google as long as the relationship was substantially beneficial to Yahoo. However... with Google's recent IPO... it is clear to the Yahoo suits that shareholders are going to want Google to "put out". This most likely would include a more full-figured search portal which would very likely ensure that Yahoo loses most of the armies it gets at the beginning of its turn and pretty eliminate any potential for new Risk cards. So Yahoo decided to screw Google first and try to solidify their position as the premier search portal for all the web refuse that isn't already part of the AOL empire.
Well at first I was like... HE GOT ME! But thereafter I came to learn that NASA employs a team of ELITE HORTICULTURISTS who engaged in lawnmower operations in the area in questions.
It looks like they dropped this Mars explorer out somewhere between Palmdale and Lancaster, CA. In fact... I think I can make out a meth-lab trailer in the distance.
My understanding of the word is that it is descriptive of a weak male who is physicially dominated and forced into engaging into submissive sexual acts... usually with another male and often while incarcerated. In that sense... it is fitting that Ashton Kutcher name is now associated with this word... even though he has bastardized its meaning.
Bukalah behamu!
Gue sepak biji lu!
Well most of them are on the outside of bath houses, massage parlours and other such establishments. To put it bluntly... the Japanese salarymen don't want the Harlem Globetrotters all up in their favorite bar girls... "tearing shit up".
Another big import in Japan is GIRLS... they bring them from all over.... South America, Canada, Southeast Asia, Eastern Europe for some good-old fashioned Japanese molestation and defiling. As Yakoov Smirnov would say... "what a country!"
Jimmy Hoffa's Corpse
Amelia Airheart's Plane
WMD's
OP's Smallpox Strain
Ozzy Osbourne's Balls
The Holy Grail
Nichole Brown Simpson's TRUE Killer
They're all just sitting there waiting to be picked up.... REALLY!
voted for the Nazis?!?
Sure beats the old-time family classic... "come sit on grandpa's lap"!
dear dumbestass:
they were both programs AND programmers. obviously new programs need to be written... and guess who's going to write them? other programs... INDIAN programs.
Here's a crash course for you guys who haven't heard of this wonderful series. (This coming from a guy who hates comic books and comic book characters in general)
i bl es/
http://www.rotten.com/library/culture/the-invis
-the "Trainman" was the gyrocopter guy from Mad Max
-the face from Tron
-the "face ship" modelled after the ships from Buckaroo Banzai
-Robotech/Macross mecha
-in the club... "CYPHERMEN" from THE INVISIBLES
-Monica Bellucci is a fox.
-in the Matrix... the programmers are all from India
-the "Merovingians" were a line of kings in Southern France before the Middle Ages who believed themselves to be direct descendants of Jesus Christ. the Catholic Church wiped them out along with the Cathars, Gnostics and the Templars.
-everyone needs to read THE INVISIBLES
-there was more but I forgot it on the way home.
For a fact... in Los Angeles... the antiquated traffic control systems are not equipped to deal with these devices. I know... I used to install the traffic control systems and these things haven't been upgraded since 1972. And ever notice that every LA car chase has police running red lights behind the perp? Me too.
Imagine the possibilities for pimps:
monitor all your hos... know when they're working it and when you need to go put the smack down. plus you can tell how many cars they got in and how much they need to be coughing up once you roll past in your Caddy.
wonder how many millions Homeland Security is going to spend "preparing" America for this one.