>>They can do that now, if the letter was part of the commission of a crime (fraud, blackmail, false advertising, etc.) In that type of crime, however, you would have actually had to have had a real presence in that jurisdiction.
A difference is that you've just described FEDERAL crimes. Since the US postal service is under federal jurisdiction. What's wierd is that Postal Inspectors are allowed to carry guns.
This is why junk mailers have had to become so clever. "You MAY have won!" is common with the MAY portion stressed. Because mail fraud is not taken lightly.
Not necessarily, for example a few months ago a man sued "God" and when "God" did not appear in court the man was not awarded victory. The case was thrown out.
Moreover this is an issue that will most likely be decided by the US supreme court.
1) Privacy: I don't want to store my data and programs somewhere that I don't have ultimate control over.
2) Accessibility: I want to be able to get at my data even when the network (say, to my ISP) goes down. Same for processing.
3) Flexibility: Look how difficult it is to perform non-mainstream operations with proprietary software now. Now think about how much more difficult it will be when you don't even have your own copy of the software; you'll have to rely on your "Processing Provider" supporting 3D rendering or whatever.
It really all boils down to autonomy. I want to do my thing, my way. And so do a lot of other people.
Furthermore, there's no pressure for me to join the collective. If I need more storage or processing power, I can build a beowulf cluster out of all the PCs discarded by the lemmings. -- "Please remember that how you say something is often more important than what you say." - Rob Malda
>>f you commit a crime against someone in another state that causes them damage in that state then, yes, you can be tried in that state. And that's exactly what this case is about.
What is relevant is where the crime takes place, not where the "victim" is. If I go to amsterdam and smoke a metric ton of marijuana, I can't be tried for that here in the US.
>>(1) The entire point of a long-arm statute like this one is to subject nonresidents to jurisdiction. Subject to some constitutional limitations, they are enforceable.
On what grounds? This would be like my example, Canada making a law prohibiting tha actions of people in the US. States have borders, as long as what you do is beyond the border of that state their laws don't apply to you. Jurisdiction is defined by boundaries, those of a state are logical in nature. If you're outside the jurisdiction of that state they can't unilaterally include you. There would have to be some type agreement between two states for this to be possible.
>>(2) The judge will not issue a "bench warrant" if you don't appear to defend yourself in a civil case; he'll just rule that you automatically lose.
Duh. My mistake. I completely overlooked the fact that we were discussing a civil case.
Law suit abuses abound but I think you picked a bad example. My understanding of the facts of the case are that the company had many (on the order of hundreds) incidents where customers were burned in similar situations. They were aware of these cases and had done nothing to protect there customers. There were providing a product that could severly injure customers if used in a manner that was obviously within the norm. Being aware of the problem, they had made no changes or provided any warnings. This was the basis for their liability.
Though the award seemed large, judged against the revenue from coffee sales by the defendant, it could be argued that it was not excessive since it was small in comparison. If awards are too small, corporations have no motivation to change their behavior. Such awards are for juries and judges to decide until we can come up with a better method.
The injuries to the plantif required hospitaliztion and skin grafts. I admit that I had minimal sympathy for the plantif until an acquaintance of mine (admittedly a bit of an impulsive character) suffered similar injuries when he had to make evasive manuvers while driving - talk about bad burns, wheeew! We are not talking about the frivolous here.
So in this case, I cannot find that the verdict and award were unreasonable even if I disagree with them in whole or in part.
This little speech was my favorite part of the movie. But not the first time I've seen a comparison of mankind to viralkind. Know any other references like this?
>>huh? Which Supreme Court are you talking about? Justice Scalia is one of the only "conservatives" on the court.
We've got three right leaning justices on the court right now and two moderates. Now is the time for right wing/conservatices cases to be brought before the court. With Justice Thomas on board to balance things out they have a fair chance of going over.
>>I agree with you, however. The current court would favor the defendent because it is a more moderate to liberal court, not because it is a conservative one.
I think that the conservatism of the current SC would favor the defendant because the defense can make it an issue of state sovereignty. Do the laws of other states apply to what I do while I'm in my own? No.
Every sweeping social trend is associated with at least one person who, unable to actually make any sort of positive contribution, makes themselves known by throwing snits, kicking up mud, and/or entering into some specious litigation.
Just some nobody who wants everyone to smell their farts. Another entry in the "ignore" file.
This would be akin to Canada passing a law that makes it illegal to smoke bacon in Florida. And as soon as someone fires up the smokehouse trying to prosecute him for it. This is a joke.
This is a state court in VA. The "long arm" statute is only enforceable within VA. Just because the kid down the street has to be in bed at 6PM doesn't mean that I'm a bad parent because my kid stays up until 9. Even if they want you, all you have to do is refuse to appear. The judge will issue a bench warrant and as long as you don't have to go to VA you're fine. One state's bench warrant doesn't have to be honored by any other. For something as trivial as libel chances are that nobody in the state attorney general's office will care enough to extradite you.
Just as Geronimo learned to use borders to his advantage those tactics can still apply for trivial matters. If this were me, I'd refuse to show and then I'd contest the bench warrant. It would go to the supreme court. A case like this would lean towards the defendant because the current supreme court is rather conservative.
You know it seems to me that this wonderful country we all live in has been getting worse and worse. Too many people out there don't seem to know how to live their own lives. When they don't get their way they play politics, run off to local law enforcement, etc. Can't anyone resolve their own conflicts of interests? I know that phrase "love thy neighbor" is really corny but you have to admit that when society began to look at their neighbors and virtually say "piss off" it is going to have some repercussions. And as far as the Virgina legal system is concerned they are only allowing a place for more whiners to have access to more money that they wouldn't have otherwise had this country learned to resolve it's own conflicts! Now the way I see it is the Supreme Court has at times had more wisdom that most lend credit and perhaps we will see this rediculous law overturned! It has got to get better people
HAHAHAHAHA That would be sweeeeeet! ---- "Wars, conflict, it's all business. One murder makes a villain. Millions a hero. Numbers sanctify."
Re:Don't believe it till you see it.
on
K7 Info
·
· Score: 1
Posted by Lord Kano-The Gangster Of Love:
My only problem with AMD has been with the naming convention used with the K5 series. The "K5 PR-133" ran at 100 mhz, but they named it in such a way that people who didn't know better thought that it ran at 133mhz. They remedied this with the introduction of the K6 though. They K6 family is great, for half the price you can outperform an Intel chip. However the FPU performance is horribly lacking. My P2-300 seemed faster at FP math than my K62-450, the fast chips don't seem as overclockable as well. I tried taking my 450 up to 500 mhz, a markup of a mere 11 percent and it would cause windows protection errors. I took my P100 up to 133. The chip was stable running at 133% of it's intended speed.
All it all I think I made a good move by getting the K62 450.
For the record, if I won the lottery I'd probably get a quad PPro 200 system. "Can you say 15 second kernel compiles?"
When you are having a bad day, when you drank your last mountain dew and it's only 10:00AM, this is the kind of story that can make life worth living again.
I can't stop that song now, with a few extended verses, in my head. It really is making my brain hurt. RedHat developments and the eBay crash are important. The war is coming to an end (?), and the Microsoft trial continues to demonstrate the true meaning of the word M O N O P O L Y , but I feel safer knowing that/. and the onion are keeping things in perspective for me. --willy dog
If you did that you couldn't have nifty optimizations of file structure, including the nifty ext2 or hpfs file systems. There's also a new file-system out there that looked pretty cool (you can undo changes to files... nifty!) that would be broken too.
better yet...setup a server in china that throws all emails away. Have a few differnt people start emailing it with streams of random data. have them call a phone there which connects to a tape recorder with a looped tape in it...have it send random tones made to sound like an encrypted message yet in actuality random.
scare the shit out of them that some new encryption scheme exists thatthey don't know about and looks like random data:)
Well they can always do "The right thing" and immediatly distribute as many copies as they can as widely as they can and get copies (electronic and otherwise) into as many hands as they can before the NSA has a chance to stop them.
Sure it will bring legal wrath down on them and if they patent then they don't care about doing the "right thing" anyway...hell they half deserve it...their intention was to keep it to themselves legally so they could make money...and instead the NSA said no..we are just going to keep it to ourselves and forbid you to use it openly.
almost fitting but...the NSA shouldn't be allowed to keep secrets. They are the greater evil
In the interests of averting a lecture that would prove to be a HUGE digression, let me just make 2 points here:
1) If you eliminate ANY key choices (say, based on the fact that you think they are uncomfortably close to the "beginning" of they key space), you have just shrunk the space of possible keys & weakened your cryptosystem!!!
2) Depending on the crypto scheme you are using, applying multiple "encryptions" could easilly weaken your security. There are SOME cryptosystems where doing so can be provably more secure (DES, for instance), but my point is that this is not something you should be doing unless you fully understand what you are messing with...
Just for the sake of it, I created a 4DOS batch routine a while ago which automatically encrypts/encodes/compresses the file through a ridiculous number of steps. The companion batch routine, which unpacked the beast, was stored on a floppy...
I used more than fifteen archivers, several of which had their own crude internal encryption schemes, PGP plus two encryption programs, a uuencoder, and two steganography utilities, all variously arranged, with, of course, PGP, 2048+, at the beginning and end...
The loose theory was, so many different things were used-- and of them, so many obscure-- that even if someone actually found the file, they wouldn't know what the hell to do with it...
...or if they were like me, and they did, they'd be frustrated as hell going through all the steps to undo it all.:)
--YDeO "It's not down on any map; true places never are." --Melville
you have to understand that my users have a child-like understanding of the evils of the world... "Oh look, didn't the administrator say something about running executabelle.. somethings? Oh well, the icon is sooo cute, all nice and shiny,..
funnily enough, spammers never seem to give me their real email addresses when spamming me.. you cannot ask them to stop, but you also couldn't buy the thing they are advertising IF YOU WANTED TO.. *grin*
Slashdot Mirror
Posted by Lord Kano-The Gangster Of Love:
>>They can do that now, if the letter was part of the commission of a crime (fraud, blackmail, false advertising, etc.) In that type of crime, however, you would have actually had to have had a real presence in that jurisdiction.
A difference is that you've just described FEDERAL crimes. Since the US postal service is under federal jurisdiction. What's wierd is that Postal Inspectors are allowed to carry guns.
This is why junk mailers have had to become so clever. "You MAY have won!" is common with the MAY portion stressed. Because mail fraud is not taken lightly.
LK
Posted by Lord Kano-The Gangster Of Love:
Not necessarily, for example a few months ago a man sued "God" and when "God" did not appear in court the man was not awarded victory. The case was thrown out.
Moreover this is an issue that will most likely be decided by the US supreme court.
LK
Posted by FascDot Killed My Previous Use:
And here's why:
1) Privacy: I don't want to store my data and programs somewhere that I don't have ultimate control over.
2) Accessibility: I want to be able to get at my data even when the network (say, to my ISP) goes down. Same for processing.
3) Flexibility: Look how difficult it is to perform non-mainstream operations with proprietary software now. Now think about how much more difficult it will be when you don't even have your own copy of the software; you'll have to rely on your "Processing Provider" supporting 3D rendering or whatever.
It really all boils down to autonomy. I want to do my thing, my way. And so do a lot of other people.
Furthermore, there's no pressure for me to join the collective. If I need more storage or processing power, I can build a beowulf cluster out of all the PCs discarded by the lemmings.
--
"Please remember that how you say something is often more important than what you say." - Rob Malda
Posted by Lord Kano-The Gangster Of Love:
>>f you commit a crime against someone in another state that causes them damage in that state then, yes, you can be tried in that state. And that's exactly what this case is about.
What is relevant is where the crime takes place, not where the "victim" is. If I go to amsterdam and smoke a metric ton of marijuana, I can't be tried for that here in the US.
LK
Posted by Lord Kano-The Gangster Of Love:
>>(1) The entire point of a long-arm statute like this one is to subject nonresidents to jurisdiction. Subject to some constitutional limitations, they are enforceable.
On what grounds? This would be like my example, Canada making a law prohibiting tha actions of people in the US. States have borders, as long as what you do is beyond the border of that state their laws don't apply to you. Jurisdiction is defined by boundaries, those of a state are logical in nature. If you're outside the jurisdiction of that state they can't unilaterally include you. There would have to be some type agreement between two states for this to be possible.
>>(2) The judge will not issue a "bench warrant" if you don't appear to defend yourself in a civil case; he'll just rule that you automatically lose.
Duh. My mistake. I completely overlooked the fact that we were discussing a civil case.
LK
Posted by apav:
Law suit abuses abound but I think you picked a bad example. My understanding of the facts of the case are that the company had many (on the order of hundreds) incidents where customers were burned in similar situations. They were aware of these cases and had done nothing to protect there customers. There were providing a product that could severly injure customers if used in a manner that was obviously within the norm. Being aware of the problem, they had made no changes or provided any warnings. This was the basis for their liability.
Though the award seemed large, judged against the revenue from coffee sales by the defendant, it could be argued that it was not excessive since it was small in comparison. If awards are too small, corporations have no motivation to change their behavior. Such awards are for juries and judges to decide until we can come up with a better method.
The injuries to the plantif required hospitaliztion and skin grafts. I admit that I had minimal sympathy for the plantif until an acquaintance of mine (admittedly a bit of an impulsive character) suffered similar injuries when he had to make evasive manuvers while driving - talk about bad burns, wheeew! We are not talking about the frivolous here.
So in this case, I cannot find that the verdict and award were unreasonable even if I disagree with them in whole or in part.
Posted by d106ene5:
The price of storage for most of us is rapidly declining. The typical 6-9 GB that most users need is soon going to be going for next to nothing.
Of course, then we'll need more!
Posted by ^ServO^:
This little speech was my favorite part of the movie. But not the first time I've seen a comparison of mankind to viralkind. Know any other references like this?
Posted by Lord Kano-The Gangster Of Love:
>>huh? Which Supreme Court are you talking about? Justice Scalia is one of the only "conservatives" on the court.
We've got three right leaning justices on the court right now and two moderates. Now is the time for right wing/conservatices cases to be brought before the court. With Justice Thomas on board to balance things out they have a fair chance of going over.
>>I agree with you, however. The current court would favor the defendent because it is a more moderate to liberal court, not because it is a conservative one.
I think that the conservatism of the current SC would favor the defendant because the defense can make it an issue of state sovereignty. Do the laws of other states apply to what I do while I'm in my own? No.
LK
Posted by d106ene5:
Every sweeping social trend is associated with at least one person who, unable to actually make any sort of positive contribution, makes themselves known by throwing snits, kicking up mud, and/or entering into some specious litigation.
Just some nobody who wants everyone to smell their farts. Another entry in the "ignore" file.
Posted by Lord Kano-The Gangster Of Love:
This would be akin to Canada passing a law that makes it illegal to smoke bacon in Florida. And as soon as someone fires up the smokehouse trying to prosecute him for it. This is a joke.
This is a state court in VA. The "long arm" statute is only enforceable within VA. Just because the kid down the street has to be in bed at 6PM doesn't mean that I'm a bad parent because my kid stays up until 9. Even if they want you, all you have to do is refuse to appear. The judge will issue a bench warrant and as long as you don't have to go to VA you're fine. One state's bench warrant doesn't have to be honored by any other. For something as trivial as libel chances are that nobody in the state attorney general's office will care enough to extradite you.
Just as Geronimo learned to use borders to his advantage those tactics can still apply for trivial matters. If this were me, I'd refuse to show and then I'd contest the bench warrant. It would go to the supreme court. A case like this would lean towards the defendant because the current supreme court is rather conservative.
Posted by drkwndysky:
You know it seems to me that this wonderful country we all live in has been getting worse and worse. Too many people out there don't seem to know how to live their own lives. When they don't get their way they play politics, run off to local law enforcement, etc. Can't anyone resolve their own conflicts of interests? I know that phrase "love thy neighbor" is really corny but you have to admit that when society began to look at their neighbors and virtually say "piss off" it is going to have some repercussions. And as far as the Virgina legal system is concerned they are only allowing a place for more whiners to have access to more money that they wouldn't have otherwise had this country learned to resolve it's own conflicts! Now the way I see it is the Supreme Court has at times had more wisdom that most lend credit and perhaps we will see this rediculous law overturned! It has got to get better people
Posted by The Incredible Mr. Limpett:
My guess...Microsoft.
HAHAHAHAHA That would be sweeeeeet!
----
"Wars, conflict, it's all business. One murder makes a
villain. Millions a hero. Numbers sanctify."
Posted by Lord Kano-The Gangster Of Love:
My only problem with AMD has been with the naming convention used with the K5 series. The "K5 PR-133" ran at 100 mhz, but they named it in such a way that people who didn't know better thought that it ran at 133mhz. They remedied this with the introduction of the K6 though. They K6 family is great, for half the price you can outperform an Intel chip. However the FPU performance is horribly lacking. My P2-300 seemed faster at FP math than my K62-450, the fast chips don't seem as overclockable as well. I tried taking my 450 up to 500 mhz, a markup of a mere 11 percent and it would cause windows protection errors. I took my P100 up to 133. The chip was stable running at 133% of it's intended speed.
All it all I think I made a good move by getting the K62 450.
For the record, if I won the lottery I'd probably get a quad PPro 200 system. "Can you say 15 second kernel compiles?"
LK
Posted by bSMfh (bastard ScoutMaster fro:
/. and the onion are keeping things in perspective for me.
When you are having a bad day, when you drank your last mountain dew and it's only 10:00AM, this is the kind of story that can make life worth living again.
I can't stop that song now, with a few extended verses, in my head. It really is making my brain hurt.
RedHat developments and the eBay crash are important. The war is coming to an end (?), and the Microsoft trial continues to demonstrate the true meaning of the word M O N O P O L Y , but I feel safer knowing that
--willy dog
Posted by TikTac:
If you did that you couldn't have nifty optimizations of file structure, including the nifty ext2 or hpfs file systems. There's also a new file-system out there that looked pretty cool (you can undo changes to files... nifty!) that would be broken too.
Posted by Stephen "The Carp" Carpenter:
:)
better yet...setup a server in china that
throws all emails away. Have a few differnt
people start emailing it with streams of random
data. have them call a phone there which
connects to a tape recorder with a looped
tape in it...have it send random tones made
to sound like an encrypted message yet
in actuality random.
scare the shit out of them that some new
encryption scheme exists thatthey don't know about
and looks like random data
Posted by Stephen "The Carp" Carpenter:
Well they can always do "The right thing"
and immediatly distribute as many copies as
they can as widely as they can and get copies
(electronic and otherwise) into as many hands
as they can before the NSA has a chance to stop
them.
Sure it will bring legal wrath down on them
and if they patent then they don't care about
doing the "right thing" anyway...hell they
half deserve it...their intention was to keep
it to themselves legally so they could make
money...and instead the NSA said no..we are just
going to keep it to ourselves and forbid you
to use it openly.
almost fitting but...the NSA shouldn't be allowed to keep secrets. They are the greater evil
Posted by Kevin "The Hose" Ingersoll:
In the interests of averting a lecture that would prove to be a HUGE digression, let me just make 2 points here:
1) If you eliminate ANY key choices (say, based on the fact that you think they are uncomfortably close to the "beginning" of they key space), you have just shrunk the space of possible keys & weakened your cryptosystem!!!
2) Depending on the crypto scheme you are using, applying multiple "encryptions" could easilly weaken your security. There are SOME cryptosystems where doing so can be provably more secure (DES, for instance), but my point is that this is not something you should be doing unless you fully understand what you are messing with...
Posted by Ydeologi:
:)
Just for the sake of it, I created a 4DOS batch routine a while ago which automatically encrypts/encodes/compresses the file through a ridiculous number of steps. The companion batch routine, which unpacked the beast, was stored on a floppy...
I used more than fifteen archivers, several of which had their own crude internal encryption schemes, PGP plus two encryption programs, a uuencoder, and two steganography utilities, all variously arranged, with, of course, PGP, 2048+, at the beginning and end...
The loose theory was, so many different things were used-- and of them, so many obscure-- that even if someone actually found the file, they wouldn't know what the hell to do with it...
...or if they were like me, and they did, they'd be frustrated as hell going through all the steps to undo it all.
--YDeO
"It's not down on any map;
true places never are." --Melville
Posted by Dr Evil:
just, luckily because I run linux, I am not ignorant.
Posted by Dr Evil:
..
you have to understand that my users have a child-like understanding of the evils of the world... "Oh look, didn't the administrator say something about running executabelle.. somethings? Oh well, the icon is sooo cute, all nice and shiny,
(Speaking from my admin days)
-David
Posted by Dr Evil:
How about 'no executables' for starters, then start working down to
'No VBScript' and 'no macros'
I want an option to turn off all macro support in Office.
Posted by Dr Evil:
funnily enough, spammers never seem to give me
their real email addresses when spamming me.. you
cannot ask them to stop, but you also couldn't
buy the thing they are advertising IF YOU WANTED
TO..
*grin*
Posted by Dr Evil:
That is because you can't even find out what day it is with the date/time control panel unless you are an administrator. I hate NT.