We actually have the opposite in the UK, where the police can issue a Notice of Intention to Prosecute to the owner of the car, who under penalty of being found guilt themselves must divulge who was driving the car at the time.
The only defence is if you have a "reasonable" lapse in remembering who actually drove the car - e..g. 3 people on insurance and anyone could have driven as they have permanent access.
It was being challenged in Europe, as it essentially is extracting evidence under Duress, which is normally illegial, however i've not seen the outcome of it as yet....
Nope, they cannot terminate a contract and charge you a fee - the fee is stated as if YOU not THEM terminate it early. They could try to charge the fee, and be hauled over unfair contract terms for it./..
copyright infringement is one of the few civil cases where they the law as written means they do not have to show actual damages, rather can sue for an obscene amount PER SONG!
it's crazy, and deterrent effects are minmimal....
AS has been stated previously, it wwas in a PUBLIC cvs therefore the notice that it was illegally there had to be PUBLIC - and it wasnt THAT public, the cc's were mainly to the developers on each side!
The US allows "remote gambling" if the company offering the gambling is based in the US
The US has banned "remote gambling" for all companies not in the US
Is that simple enough? This is about enforcing different rules based on where the company is offering the services from, and NOT the services themselves. key difference.
As SOX is well known for hitting small businesses (who's controls are much simpler...) harder than the huge monolithic companies that we have around.
IAAA (I am an [IT] auditor) and i think that the intention of S404 et al is great, the implementation is not so good. getting companies to understand they have to be more responsible for governing themselves IS a good thing.
If you want completely insane, see some of the requirements the PCI DDS v1.1 brings - for example, every system must have every patch applied within 1 month of release - even if the patch is not relevant, for example you are not using feature X that it fixes. Great fun implementing that at a client.....
"Cry baby fags" well done on the name calling, wannabe red necked hetero boy
oh look, name calling doesnt help at all.
How about this - the term "marriage" has been coopted to mean a union between a man and a woman, when originally it was much more loosely defined - hell, the concept used to encompass lots of people..... Why SHOULD straight couples have a special status, just because of the combination of genitals involved? Its not as if you've done much good with it - divorce rates are what again?
Still, cogent rational argument isnt your forte, so how aabout you just fuck off you maladjusted, socially retarded prick.
it's more correclty tax avoidance, as it's not a criminal offence then;)
company cars were first brought in in the UK to get around the Salary cap imposed by the then government. They now get taxed so much it is now generally better to not get one, and provide a car yourself instead....
once consideration has been accepted, the contract is in place and cannot be unilaterally changed. they would have ot go to court to prove they had the right to change the terms, and that doesnt normally happen!
Morally - a large number of customers will be in a grey area.
Legally - they are totally and 100% in the clear, with IANAL etc;)
Amazons terms normally state that a contract is concluded when they ship, as at that point the consideration [your credit card] is charged and the goods then ship. If they have shipped the goods they are not at a point where the terms of the contract can be changed - by their OWN Ts&Cs they have formalised the contract, and it is now binding.
Any attempts to charge customers after this point will be considered attempted fraud by CC companies, and me if it happened to me.
It cannot be a condition of sale unless it is presented to you prior to buying the software. Otherwise it is treated like any other goods and should therefore pass the merchantabiltiy tests required under many legal systems.
which is normally what the EULA tries to state doesnt apply, in the bit where they say no warranties or liabilities apply - they certainly DO apply!
dispute the CC charge as the goods recieved have not been of merchantable quality. Your agreement will cover you for that, hopefully - mind you in the UK even that is written into basic law, the 1974 Consumer Credit Act which holds CC companies equally liable for any problems with goods!
The only problem being, when you invade another country ANYONE in that country can be a POW if they bear arms. They do not require a uniform - they're defending their own country!
perhaps you should do more research. As stated, an army capturing civilians in another country - that sounds a lot like they're POWs unless declared otherwise.
Under the Geneva convention, you are a POW UNLESS you are declared a civilian, and until then YOU MUST BE TREATED AS A POW.
Under the US constitution ALL peoples in the US are afforded the same legal rights [i]regardless of naitonality[/i] By putting them in a US base they are therefore normally prisoners of war, or if not they are subject to the constitution. no get outs.
The phrase "enemy combatants" did not exist until Bush penned it, to try to wiggle out of his legal AND ethical responsibilities. Next tie you try to defend somehting, at least read your own damned consitution before [mis]quoting it!
However by introducing a material change to the hardware (turning on a new feature that was not active prior) they can set themselves up for liabilities - e.g. if the difference between the price of "old" and "new" hardware is $5, the nthey will be taxed accordingly - whether or not they ask for the money from the customers!
This is about correcting an accounting issue; they said it was hardware X, they are now making it X+increment and will have to file accordingly.
They won't be making money out of this, thats for sure!
Agreing with Mr Matticus here - the hardware you bought hasnt changed, in a material way. 802.11n is materially different to g, however 1080p is not to 720p - the latter can be run on the same hardware, as the 360 demonstrates!
Companies have to tread VERY carefully with SOX; the rules allow us auditors very little room to interpret anymore, which is causing problems, so coupled with the investigation they are currently under they will be being VERY careful about this!
As for the $5 price - that will be presuambly a fair value appraisal. You generally can't give things away (say if theyd only charged $0.01) unless you want to incur tax liabilities yourself!
I think the point is that, if you hire someone to create a piece of art.,you pay them time and materials - for example, when you build a house you normally provide cash to the builders to buy the raw materials. same used to happen for painters and other artists!
Then, if you've paid for this unique work of art, [i] why would you let it get copied! [/i] Unless you wanted to, and if so, so what!
Copyright should be reduced to 25 years, flat. not life + 70, 25 years. I dont see hwy the public should not have the benefit of access just so someone can produce 1 work and never work again.
Lastly, computer owners are really going to embrace a recordable disc that holds an order of magnitude more data than a hard disk, and relish the ability to burn home HD movies.
"
ERM - no.
since when can these disks hold 5TB? Given that 500Gig drives are commonplace now...
Slashdot Mirror
or the same sex, which is often a complete OoM easier ;)
this is slashdot however, and there it only happens a) with girls and b) in Pr0n movies....
We actually have the opposite in the UK, where the police can issue a Notice of Intention to Prosecute to the owner of the car, who under penalty of being found guilt themselves must divulge who was driving the car at the time.
The only defence is if you have a "reasonable" lapse in remembering who actually drove the car - e..g. 3 people on insurance and anyone could have driven as they have permanent access.
It was being challenged in Europe, as it essentially is extracting evidence under Duress, which is normally illegial, however i've not seen the outcome of it as yet....
Nope, they cannot terminate a contract and charge you a fee - the fee is stated as if YOU not THEM terminate it early. They could try to charge the fee, and be hauled over unfair contract terms for it./..
statutory damages
copyright infringement is one of the few civil cases where they the law as written means they do not have to show actual damages, rather can sue for an obscene amount PER SONG!
it's crazy, and deterrent effects are minmimal....
AS has been stated previously, it wwas in a PUBLIC cvs therefore the notice that it was illegally there had to be PUBLIC - and it wasnt THAT public, the cc's were mainly to the developers on each side!
You've totally missed the point:
The US allows "remote gambling" if the company offering the gambling is based in the US
The US has banned "remote gambling" for all companies not in the US
Is that simple enough? This is about enforcing different rules based on where the company is offering the services from, and NOT the services themselves. key difference.
Or have a "secure" email storage system on their website - you want your reciept, login the paypal website and retrieve from there.
not perfect, but would cut down on the bulk a little...
As SOX is well known for hitting small businesses (who's controls are much simpler...) harder than the huge monolithic companies that we have around.
IAAA (I am an [IT] auditor) and i think that the intention of S404 et al is great, the implementation is not so good. getting companies to understand they have to be more responsible for governing themselves IS a good thing.
If you want completely insane, see some of the requirements the PCI DDS v1.1 brings - for example, every system must have every patch applied within 1 month of release - even if the patch is not relevant, for example you are not using feature X that it fixes. Great fun implementing that at a client.....
"Cry baby fags" well done on the name calling, wannabe red necked hetero boy
oh look, name calling doesnt help at all.
How about this - the term "marriage" has been coopted to mean a union between a man and a woman, when originally it was much more loosely defined - hell, the concept used to encompass lots of people..... Why SHOULD straight couples have a special status, just because of the combination of genitals involved? Its not as if you've done much good with it - divorce rates are what again?
Still, cogent rational argument isnt your forte, so how aabout you just fuck off you maladjusted, socially retarded prick.
There, that feels better.
Perhaps make it that, before anyone can be prosecuted under a new law, that the constitutionality of that law is tested in court.
Even if it is a minor review, e.g. 3 judge panel. would stop abuses before they occur, when the damage is normally irreperable
Trouble is that they then tend to severely mess up your bodies ability to wake up in the morning - thats why natural alarm clocks were invented.
use a blackout curtain and one of those, and you can train your body appropriately....
it's more correclty tax avoidance, as it's not a criminal offence then ;)
company cars were first brought in in the UK to get around the Salary cap imposed by the then government. They now get taxed so much it is now generally better to not get one, and provide a car yourself instead....
There is in the states - contract law.
once consideration has been accepted, the contract is in place and cannot be unilaterally changed. they would have ot go to court to prove they had the right to change the terms, and that doesnt normally happen!
oh, IANAL.....
Morally - a large number of customers will be in a grey area.
;)
Legally - they are totally and 100% in the clear, with IANAL etc
Amazons terms normally state that a contract is concluded when they ship, as at that point the consideration [your credit card] is charged and the goods then ship. If they have shipped the goods they are not at a point where the terms of the contract can be changed - by their OWN Ts&Cs they have formalised the contract, and it is now binding.
Any attempts to charge customers after this point will be considered attempted fraud by CC companies, and me if it happened to me.
It cannot be a condition of sale unless it is presented to you prior to buying the software. Otherwise it is treated like any other goods and should therefore pass the merchantabiltiy tests required under many legal systems.
which is normally what the EULA tries to state doesnt apply, in the bit where they say no warranties or liabilities apply - they certainly DO apply!
Ford didn't make the first motor car. A couple of Germans beat them to it by quite a few years.
(btw, edison also didnt invent the light bulb)
American consumer protection laws - what laws?
dispute the CC charge as the goods recieved have not been of merchantable quality. Your agreement will cover you for that, hopefully - mind you in the UK even that is written into basic law, the 1974 Consumer Credit Act which holds CC companies equally liable for any problems with goods!
The only problem being, when you invade another country ANYONE in that country can be a POW if they bear arms. They do not require a uniform - they're defending their own country!
perhaps you should do more research. As stated, an army capturing civilians in another country - that sounds a lot like they're POWs unless declared otherwise.
The only trouble being:
Under the Geneva convention, you are a POW UNLESS you are declared a civilian, and until then YOU MUST BE TREATED AS A POW.
Under the US constitution ALL peoples in the US are afforded the same legal rights [i]regardless of naitonality[/i] By putting them in a US base they are therefore normally prisoners of war, or if not they are subject to the constitution. no get outs.
The phrase "enemy combatants" did not exist until Bush penned it, to try to wiggle out of his legal AND ethical responsibilities. Next tie you try to defend somehting, at least read your own damned consitution before [mis]quoting it!
However by introducing a material change to the hardware (turning on a new feature that was not active prior) they can set themselves up for liabilities - e.g. if the difference between the price of "old" and "new" hardware is $5, the nthey will be taxed accordingly - whether or not they ask for the money from the customers!
This is about correcting an accounting issue; they said it was hardware X, they are now making it X+increment and will have to file accordingly.
They won't be making money out of this, thats for sure!
btw, IANAL and IANAA, but I am an an auditor....
Agreing with Mr Matticus here - the hardware you bought hasnt changed, in a material way. 802.11n is materially different to g, however 1080p is not to 720p - the latter can be run on the same hardware, as the 360 demonstrates!
Companies have to tread VERY carefully with SOX; the rules allow us auditors very little room to interpret anymore, which is causing problems, so coupled with the investigation they are currently under they will be being VERY careful about this!
As for the $5 price - that will be presuambly a fair value appraisal. You generally can't give things away (say if theyd only charged $0.01) unless you want to incur tax liabilities yourself!
but a lot more believable to be honest....
this is from an atheist, who tinks the whole subject is really quite silly!
wow, that's MASIVELY screwed up!
not in the UK, thankfully....
I think the point is that, if you hire someone to create a piece of art .,you pay them time and materials - for example, when you build a house you normally provide cash to the builders to buy the raw materials. same used to happen for painters and other artists!
Then, if you've paid for this unique work of art, [i] why would you let it get copied! [/i] Unless you wanted to, and if so, so what!
Copyright should be reduced to 25 years, flat. not life + 70, 25 years. I dont see hwy the public should not have the benefit of access just so someone can produce 1 work and never work again.
"
Lastly, computer owners are really going to embrace a recordable disc that holds an order of magnitude more data than a hard disk, and relish the ability to burn home HD movies.
"
ERM - no.
since when can these disks hold 5TB? Given that 500Gig drives are commonplace now...