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User: terrymr

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  1. Re:Old news on AT&T Arbitration Clause Ruled Unconscionable · · Score: 1

    We've done the rounds on this one many times - summary :

    The coffee was well within industry guidelines for termperature. The attorney for the plaintiff concocted some nonesense about McDonalds making it unreasonably hot which is actually BS.

  2. Re:Old news on AT&T Arbitration Clause Ruled Unconscionable · · Score: 1

    Negligence is one of the hardest things to avoid liability for.

  3. Re:Why not change the design? on NASA Decides No Fix Needed for Endeavor's Tiles · · Score: 1

    As good as SpaceShipOne is, they're not dealing with re-entry at orbital velocities. It's a whole different ball-game.

  4. Re:Old news? on VMware May Violate Linux Copyrights · · Score: 1

    The purpose of an OS kernel is to provide a framework to run other programs. It was understood by all kernel developers that it would be used for that purpose. Why does it make a difference if we run proprietary code in userland or in kernel space ? Yes the set of kernel hooks you use to load it is different but at the end of the day both are functions the kernel provides.

  5. Re:Someone bought those shares today. on Investors Bailing On SCO Stock, SCOX Plummets · · Score: 1

    I figured the only reason it didn't drop any lower was because Novell had a buy order for 21 million shares at $0.40. Probably cheaper than waiting for openserver and unixware to be auctioned off later.

  6. Re:Ugh... on Net Neutrality Debate Crosses the Atlantic · · Score: 3, Interesting

    But the ISPs are still charging their customers for a given bandwidth and then complaining that they're using it. IF the BBC was magically sending more data over the link than the end user was paying for I could see the problem. Don't sell people bandwidth you can't deliver.

  7. Re:HA! or options for options on SCO Loses · · Score: 1

    European style options can be traded at any time - you can sell the contract to somebody else - but you can't exercise the option until the last day of the contract.

  8. Re:HA! on SCO Loses · · Score: 3, Informative

    Thats part of what options are ... but not all of it.

    Options contracts are traded daily on most stocks that are currently listed. The most commonly traded types are Call Options which grant you the right to buy a stock at a given price any time prior to the expiration of the contract this is what you described above. The opposite bet is the Put Option which grants you the right to sell a stock at a given price prior to the expiration of the contract. Put's are what you buy if you think a stock's price is going to fall.

    Put Options are generally less risky than short sales because your maximum loss is limited to the purchase price of the contract. Short sales theoretically expose you to infinite risk as the stock price may keep going up.

    I'm not sure that options in a non-existant stock exist as you describe - the contract normally must involve an underlying security of some type - Even if its frozen concentrated orange juice.

  9. Re:SCOX: death throes begin - spasms of appeals on SCO Loses · · Score: 1

    I'm sure Novell is working on motions to secure their interest in what remains of sco's cash - they're not going to want them appealing until the end of time in order to exhaust the remaining cash that belongs to Novell.

  10. Re:state==public domain? on DUI Defendant Wins Source Code to Breathalyzer · · Score: 1

    Yup been a passenger in a car watching a cop verbally abuse a friend of mine for about an hour - he'd rattle off instructions at break-kneck speed and any request for clarification was met with him getting in the guys face and yelling "Are you refusing the test SIR!". Then they guy was handuffed while they brought out a portable breathalyzer, they yelled at him a few more times for "not blowing right" and eventually unhandcuffed him and let him go. His highest reading when I asked the cop was like 0.02.

  11. Re:What about on DUI Defendant Wins Source Code to Breathalyzer · · Score: 3, Informative

    Alcohol related is a world away from alcohol caused - most of those stats refer to accidents where somebody present had had a drink in the last 24 hours.

  12. Re:What about on DUI Defendant Wins Source Code to Breathalyzer · · Score: 1

    It's worth a google to see what people are saying about these machines, in terms of their inability to distinguish alcohol from other substances, margin of error, how the results can be manipulated, proper calibration etc. It really is quite fascinating. Of course any more it doesn't seem to matter what the reading is, there have been examples of 0.00 readings where the driver was still charged and had to fight to clear his name.

  13. Re:I don't understand... on American Red Cross Sued For Using a Red Cross · · Score: 1

    The existance of the Internation Committee of the Red Cross and the International conventions adopting the red cross symbol predate J&J's use of the symbol by more than 30 years. They had no business adopting / registering the trademark let alone seeking to license it back to the organization it rightfully belonged to.

  14. Re:NoScript, but they don't work on The Java Popup you Can't Stop · · Score: 1

    The popup doesn't even appear on Safari with "Block popups" turned on.

  15. Re:low-pressure spaceship env. on Surviving in Space Without a Spacesuit · · Score: 1

    No - keeping the partial pressure of oxygen the same has the same effect on fire as it does on you - its when you do a ground test with oxygen at 14 + 4 psi that you have fire problems.

  16. Re:Despicable on Dateline NBC Mole Outed At DefCon · · Score: 1

    The ipod thing is particularly bad - I've seen episodes of cops or similar where they do the same thing with bicycles. It used to be if you found something and reported it to the proper authorities you could keep it if the owner didn't come forward - what are you supposed to do now ? call 911 and report it before you pick it up ?

  17. Re:How is $750 per song unconstitutional? on US Dept. of Justice May Intervene To Help RIAA · · Score: 1

    There is case law to support the notion that statutory damages which are grossly disproportional to the damage caused are in essence fines rather than damages - these "fines" are then subject to constitutional review.

    The question of the constitution specifying what the government can't do is answered by the fact that it was the government that passed the law imposing these "fines"

  18. Re:Bank error in your favor! on Our ATM Is Broken, Go To Jail · · Score: 1

    I've had ATMs dispense no cash at all and then had to go beg the bank to give my money back.

  19. Re:What else do they decide to forward or not? on University of Kansas Will Not Forward RIAA Letters · · Score: 1

    Don't have a cite for it - but very early on in all these RIAA cases they were told the proper procedure is to file a lawsuit against a John Doe and then subpoena the ISP (or in this case university) to obtain the identity of the person. Of course this costs filing fees and is more expensive than simply mailing "settlement offers" to people.

  20. Re:NASA Cutbacks Due To Bush's Push To Mars on Explosion at Scaled Composites Kills 2, Injures 4 · · Score: 1

    Seriously - long waits on the launch pad led to astronauts in diapers.

  21. Re:what the shit... on Explosion at Scaled Composites Kills 2, Injures 4 · · Score: 5, Funny
  22. Re:Just WOW!!! on Slot Machine with Bad Software Sends Players To Jail · · Score: 1

    US, UK - probably many others too. Contract law is largely based on precedent rather than statute - although there are some statutes that may affect the enforcabilith of a contract.

  23. Re:Good grief on Slot Machine with Bad Software Sends Players To Jail · · Score: 2, Interesting

    Price tags are a fun area of law.

    Displaying an item with a price tag isn't an offer to sell at that price but rather an invitation to negotiate terms. You offer to buy it at the marked price when you present it to the cashier - they have the legal right to decline to sell it to you at that price and/or make a counter offer. This is how it works from a contract law perspective anyway.

    Many jurisdictions however impose criminal penalties for deliberately mispricing items to induce the sale - so a genuine mistake is ok - but a pattern of mislabelling prices will get you some scrutiny. It is also poor customer service to charge customers more than the marked price.

  24. Re:Same way they land on Earth on Six Minutes of Terror - Landing Humans on Mars · · Score: 1

    But can you build such a system capable of cooling down to almost 0K ? The mirrored side is going to have to reflect 100% of the heat from the sun.

  25. Re:Same way they land on Earth on Six Minutes of Terror - Landing Humans on Mars · · Score: 2, Insightful

    The temperature of nothing is nothing - true. But nothing doesn't absorb heat either.