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  1. Re:Safety versus Speech... on "Nuremberg Files" Decision Overturned · · Score: 1

    No, both were civil cases. The jury in this case awarded damages.

  2. Re:Freedom of speech and privacy on "Nuremberg Files" Decision Overturned · · Score: 1
    If you own the property you live on, you are identified as the owner at the registry of deeds (or county clerk's office, or what have you). You can search many registries online -- I do it all the time.

    I suppose there are various ways to get around this (set up a trust or shell corporation to own the land?) but it wouldn't be simple

  3. Re:actually, no... on Baseball Fans Must Pay To Listen Online · · Score: 5
    Not quite. In 1922, the Supreme Court held that insofar as the federal antitrust laws apply only to interstate commerce, baseball is beyond the reach of those laws, because a baseball game is played in only one state at a time. (If you think this is peculiar reasoning, you are not alone. Legal scholars generally agree that this is one of the worst opinions Justice Oliver Wendell Holmes, Jr. ever wrote, the other major contender being a case in which a woman was permitted to be sterilized because she had a low IQ.)

    Congress has "granted" baseball an exemption insofar as it has not corrected the Supreme Court's decision, a decision which subsequent Supreme Court cases have treated as binding though they have more or less acknowledged that the original decision was wrong.

  4. Re:This is not surprising on The "Omega Number" & Foundations of Math · · Score: 1

    Obviously anyone could invent a formal system which generates inconsistencies, and if you did, no one would care. But if one of the formal systems in common use -- say, algebra or analysis -- were found to generate inconsistencies, I think "uproar" would not be an inappropriate term.

  5. Re:This is not surprising on The "Omega Number" & Foundations of Math · · Score: 1
    I understand that Chaitin's work builds on Gödel's work in interesting ways -- so it's not just a "restatement" of Gödel's work -- but you're right that it hasn't "thrown some of the basic foundations of math into question."

    (For those who don't know, Gödel proved that there are some mathematical hypotheses that can't be proven true or false. That was very surprising, but it didn't call into question any theorem which has been proven true. The only thing which could really throw the foundations of mathematics into an uproar would be to show that some hypothesis can be proven to be both true and false.)

  6. Re:ex post... nah... on Patenting RPC Compression? · · Score: 1

    Under the U.S. Constitution, criminal laws can't retroactively make an act criminal (ex post facto). In general, however, there's no reason why a law can't be retroactive. By way of example, I believe at least one of the current tax cut proposals being debated in Congress would retroactively lower tax rates.

  7. Re:Why not sex, drugs and Linux? on IBM's Upcoming Linux Ad Campaign · · Score: 2

    At the very least, no one has the time to maintain a meaningful intimate relationship while also finding the time to configure X.

  8. Re:pictures are the key on Anticryptography · · Score: 3

    An excellent idea. Anyone got a pointer to a digital image of a perfect circle?

  9. Programming is a craft on Where Is The Line Between Programmer And Artist? · · Score: 2
    The old term "craft" seems more apt than "art" -- programming's a lot more like carpentry than painting or dance. Unfortunately, that term has been degraded to mean the practice of making toaster cozies from yarn and suchlike.

    As for writing mathematical proofs, that strikes me as a unique sort of activity that has hardly anything in common with either the arts or craft work. That I might find a particular proof "beautiful" in the same way I find a painting, the Grand Canyon or the night sky beautiful doesn't mean all those things are works of art.

  10. Re:An absolute must on A "Vow of Chastity" For Game Designers · · Score: 1

    Likewise in the Tomb Raider series, where LC is required to execute several jumps in succession which are physically impossible (even if one assumed LC to have superhuman strength) to reach a goal not otherwise visible to the player.

  11. Re:You mean like US "estate tax" where govt takes on Appeals Court Rejects Copyright Extension Challenge · · Score: 1
    The government takes estate tax only on estates with a value over the exemption (which will shortly be $1mm). The government doesn't benefit from very many wills.

    As for the lottery, what exactly was your first clue that running it wasn't a wholly charitable act on the part of the government?

  12. Re:Nothing wrong with permanent copyright. on Appeals Court Rejects Copyright Extension Challenge · · Score: 1
    Which would indicate that copyright beyond the life of the author would be unjust ...

    Not necessarily. Gen. Grant wrote his memoirs while he was dying to provide for his family after his death. If copyrights were always limited to life, we wouldn't have that important book.

  13. Re:Nothing wrong with permanent copyright. on Appeals Court Rejects Copyright Extension Challenge · · Score: 1

    Also, to be picky, but a trust isn't a legal entity, but a fiduciary relationship between a settlor (the person who puts the property in trust) and the trustee(s) (the person(s) who hold legal title to the property in trust). A trust can't sue or be sued in the name of the trust, for example, whereas a corporation can.

  14. Re:Nothing wrong with permanent copyright. on Appeals Court Rejects Copyright Extension Challenge · · Score: 1

    I don't think this works. The transfer of ownership takes place when you add your kids.

  15. Re:To put it a different way. on SSH Claims Trademark Infringement by OpenSSH · · Score: 1

    Exactly right. For this reason, if you pick up the Columbia Journalism Review ("CJR") or Editor & Publisher or any other publication aimed at journalists, there are all kinds of ads along the lines of "Xerox(tm): Not Just Any Copier" and "There's Only One Jeep(tm)." Companies place these ads to urge journalists not to dilute their trademarks, and also to build a record they can point to in court showing that they've made efforts to protect their trademarks.

  16. Re:Damage Control on SSH Claims Trademark Infringement by OpenSSH · · Score: 1
    Interesting idea; won't work. If he stood by and did nothing while OpenSSH made use of his trademark, the trademark would be destroyed and he couldn't thereafter enforce it. For the same reason, if he explicitly gave OpenSSH permission to do that, the trademark would be destroyed and he couldn't enforce it.

    Put another way, the trademark is created by and is enforceable because of the identification of the word (or logo, or whatever) with a particular product in the mind of the consumer. You can't make a private agreement to sever this identification and still enforce the trademark.

  17. Re:Probe on NEAR Touches Down on Eros · · Score: 1
    A tip of the hat to Rodgers & Hart:
    You're nearer, than my head is to my pillow,
    Nearer, than the wind is to the willow.
    [ . . . ]
    You're nearer, than the ivy to the wall is,
    Nearer, than the winter to the fall is.
    Leave me, but when you're away, you'll know,
    You're nearer, for I love you so!
  18. Re:Well...NO on Can Companies Control What You Say After You Leave? · · Score: 1

    It is very clear that you can waive some constitutional rights and that you can do so as part of a contract. What rights can't you waive? Well, you probably can't sell yourself into slavery, sell your right to refuse medical care, or sell your right to free speech in its entirety. But there's no general rule that says you can't agree as part of a contract not to say certain things, and in fact such contracts are regularly enforced.

  19. Re:Well...NO on Can Companies Control What You Say After You Leave? · · Score: 1

    I am not aware of any general rule of law in any jurisdiction that says contracts cannot have terms binding in perpetuity.

  20. Re:Well...NO on Can Companies Control What You Say After You Leave? · · Score: 1
    IANAL

    And it shows. Nondisclosure, confidentiality and nondisparagement agreements are in most cases perfectly legal. That you have a right to free speech doesn't mean you can't bargain it away.

  21. Re:Teaching Socialism on Can You Suggest Any Non-Zero Sum Games? · · Score: 1
    Interestingly, Paul Starr, a liberal commentator, has criticized Sim games on the ground that their hidden premises are too conservative:

    While playing SimCity with my eleven-year-old daughter, I railed against what I thought was a built-in bias of the program against mixed-use development. "It's just the way the game works," she said a bit impatiently.

    My daughter's words seemed oddly familiar. A few months earlier someone had said virtually the same thing to me, but where? It suddenly flashed back: the earlier conversation had taken place while I was working at the White House on the development of the Clinton health plan. We were discussing the simulation model likely to be used by the Congressional Budget Office (CBO) to "score" proposals for health care reform. When I criticized one assumption, a colleague said to me, "Don't waste your breath," warning that it was hopeless to get CBO to change. Policy would have to adjust.

  22. Re:Loyalty Appreciated but Look out for the Family on Where Should Company Loyalty End? · · Score: 1

    (Score:5, My Personal Hero Of The Day)

  23. Re:Um, no, it's a DVD player on Is Sony Turning Its Back On CD-Rs? · · Score: 1

    The player comes with a $25 rebate on Depends(tm).

  24. Re:Are you serious? on Is The U.S. No Longer The Choice For Freedom? · · Score: 1

    (Score:5, Ultimate Pog)

  25. Re:Canada! on Is The U.S. No Longer The Choice For Freedom? · · Score: 1
    I am looking at an end-of-the-year pay stub for a number in the low six digits, of which approximately 36% was taken in all federal and Massachusetts taxes. Even rolling in a few more thousand for property taxes, sales taxes (5% here), gasoline and liquor taxes (not enormous but not insubstantial), I am hard pressed to see that "much more than half" -- hell, even half -- of that income is going to the government, and I am an exceedingly highly taxed individual. I can't believe that the average American pays a lot more.

    One could make some more dodgy calculations, e.g., "I paid my contractor $5000, he'll pay $1500 in taxes, so that's another $1500 that I'm paying the government," but if you're going to go down that road you should back out the value of the government services received by that contractor (e.g., the expense saved by the contractor in not having to build a road to get to the job site).