I share the same sentiment that he needs to be punished for his actions IF, he did them. But, we need to remember a few things...
0. THIS IS THE USA, WE HAVE LAWS DEALING WITH THIS. The US got up in arms over the method of punishment in the Singapore. I don't see why because it is a soverign country with its own laws. Our laws do however provide for a few things...
1. He has not been proven guilty in a court of law.
2. He has been imprisioned for over 4 years without a trial. Normal holding time is ~1 year for all criminals before trial. Something about the US Constitution and the right to a speedy and fair trial.
3. There has not been a gag order placed on this trial and therefore, (you lawyers in training help me out on this...) the trial transcripts are public record.
4. The actions of the prosecutors have been reprehensible up till now. Denying access to files that can he needs to prepare a defense. Then slamming over a million pages of materials in his cell with a few weeks left before trial.
Regarding the amount of damages, the companies have to report all gains and losses to the IRS, SEC, and the shareholders in that company. If, they reported this as a loss, they must legally report that loss to the court. If they report any other amount, then it is fraud, and the IRS sends an army of Auditors up to the top floor of your corporate suite with anal probes and adding machines. I forget what the SEC does but I think I remember a case where their right to trade shares was revoked. The Shareholders can sue the company for falsifying records and fraud. Whole lotta shit flying around for a few decimal places.
Strange. The 6.0 box I bought a few days ago had all the docs in english and many other languages, including the german. Of course, you have to make sure you specify the english packages in setup to be loaded or the german gets the default.
I am trying my best to get RH to install the X Server for the past 3 weeks. I have it there but the friggin X server doesn't seem to want to run the i740. Oh well. I will run this test, Oh yes I will.:)
I don't see everyday things named pez. However, I think they are going overboard with all the legal crap. I think Illiad from userfriendly put it best:
Many sites out there are dedicated to raising customers awareness: Bekins and the ever popular Untied.com and NWA.
Bekinsbeware got bekins attention so much that they resolved their differences with the consumer. The others frequently voice the complaints. What they do not do is use the logos and symbols of the target company. The court has ruled time and time again that people are free to advertise their disgust with corporations. This does include using the name of the corporation to do the advertising.
You just can't pass yourself off as the corp or use the name to sell something similar without telling the people you are not actually the corp.
They stated that since West Coast Video was using the trademarked name of a movie database software, and that they had similar database on the site, people could be reasonably confused as to if the database was actually the "MovieBuff" database. You can use the "Dodge" and the "Shadow", but don't pass yourself off as the real ChryCo (Sorry, DamilerChrysler).
The analogy, albeit a poor one, is akin to labeling a restaraunt "Burger King" and all the similar look, and actually serving McDonalds.
Fair use is still in effect. Just not when you are selling a product similar to another.
I found out why the judge decided to rule the way he did. This case was more than meta tags, but was West Coast Video's use of the term "moviebuff" in the meta tag AND in moviebuff.com
Brookfield entertainment had for awhile a product that was a database of movies called MovieBuff and trademarked the term right around the same time the domain name was registered by WCV in 1996. Just about 1999/99, Brookfield sent a letter to WCV stating intentions of filing a lawsuit over the use of "moviebuff.com" Next day, WCV "went live" with the site, and the actual opening of the site in 99. WCV argued since it was "The Movie Buff's Movie Store", it could use the domain and the META tag.
The court ruled, that by using the term "moviebuff" and not "movie buff" (Space included), they were infringing on the the federal trade mark held by Brookfield. They stated that they are competitors since on the WCV site at moviebuff.com, they had a serchable internet database similar to the one used by Brookfield. This is why the courts ruled that way. If they didn't have that database, then the courts probably would have ruled the other way.
(This is not the first time the Meta tags have come up in court. Playboy seems to have gone apeshit about the terms Playboy and playmate.)
McDonalds cannot use "Burger King" in their meta tags because they are competitors, so this is a similar analogy to the case at hand. This doesn't restrict the use of everyday terms in your site such as blockbuster or movie buff if you sell movies, but the use of the term moviebuff is now considered off limits.
Just make sure you aren't using a competitor's trademark to lure people to your site.
IANAL.
RB "If 50 million people say something foolish, then it is still foolish" - French Corrolary: "If 90% of the world uses a crappy OS, it is still a crappy OS." - Pryde
For those people out there without the honorable intent that Zer0Knowledge has, I think Nav popping up a warning when this type of control is a good thing. Last time I checked (which was a while ago...) I could copy X controls and use them on my site.
The bulk of this thing is a MS Press Release so it is a little biased. The part at the bottom is part of Linux Today's doing. I am glad they did add that though.
I looked at the main page and they have only counted a little over 1.4 million computers. That to me seems a little low. Heck, we have nearly 3k computers at work. And we are not that big. If they combine the data with a NetCraft (No, not the MS people) survey, then a closer count may be had. That would bump Solaris up a lot and unfortunately, the WinFamily. Linux wont take a huge hit though except in the percentages. It seems linux is more popular right now with the.edu set and the non-com people. This will change.
People, not *everything* MS does is evil. Yes, a lot of what the do can be considered evil.
AFAIK, the ony thing MS has now is a lighter bank account, a few less researchers, and one vote on the coalition. This doesn't consitiute a takeover when over a 150 other entities are involved.
I didn't see that it was applied to plain mail. Unless a court decision specifically interprets the ruling that way, it should just apply to email communications.
All these analogies comparing email to mail are comparing apples and oranges. Mail, is a service provided by the govt sanctioned monopoly which a user has to pay to send items through and unless specified, the reciever has to do nothing to recieve it. (Specified means pay on delivery methods but you can always refuse to pay. P.O. Boxes are a different story. They could be considered similar to an email box becuase you are paying for the service)
Email services are essentially free for the sender since one message gets sent to a mail server and then gets duplicated and sent. The only person has to really pay are the recievers. They have to provide space for the message to reside on and provide bandwidth to route the message. Since the message has to be transported through a private entity, then it can be considered theft of resources. Of course, the sysadmin can put a killfile on the main message reciever but any person with half a brain can get around it. Snail Junk mail filtering is much harder to circumvent.
Currently, the Service module *should* be en route to Baikanour to be readied for launch later this year. The modules are built and then shipped by rail to the launch center. During that trip, all hell gets shaken around and all the factory inspections must be repeated at the launch site.
Yup, pressure is a big thing but apparently not for the friggin service module. Been waiting on it for nearly two years now.
Because they asked him to stop sending email to Intel. He refused. There is a law against recieving unwanted mail after requesting to stop.
One, 30k emails do tend to take up space and moving them around tends to cause bandwith traffic. Would you like to foot the bill for that wasted space and time even if you had the means to pay it without serious harm? I wouldn't because I can spend the resources elsewhere. The guy can do pretty much anything he wants except when it involves other peoples property. Yes, the Internal email system is the property of Intel. You can send all the messages you want over the net but once an Intel router has to handle it, then you can be considered tresspassing since they did not want to handle it.
MS began peddling its wares but became caught up in a movement towards the home PC. It then started to acquire companies to expand. We know the rest of the story.
VA began peddling its wares but became caught up in a movement towards Linux. It is now starting to acquire companies to expand. The rest of the story is unwritten. I even like the PC's they put out. I am just saying it could go either way.
I am not saying that they are going to become the next MS. But, to me, there is a somewhat similar start.
I think this could be a good thing, but If I remember correctly, a little software company from Redmond started sorta like VA. I am going to have to wait and see on this one.
I am currently co-oping to learn more. I also get college credit (1hr) for each semester I work. Not bad considering I am a full time employee getting paid as such. I am learning tons of stuff here that I couldn't have learned at college. But, on the other hand, I won't learn a lot of stuff here that is taught at the college. I consider the co-op program the best of both worlds. You learn a little at college, go out to "the real world" and come back to college knowing exactly what you need to help you out when you return to "the real world". If your school has such a program, I highly suggest it.
My high school, suffering from shrinking budgets, eventually cut it's higher level classes (just after I left). The tax-cut fever finally swept even recession-proof Long Island (at least undil the cold war ended - oops) and frivolous programs like AP Math were gone!
And let me guess, the Football team was still there? I think your school district might not have it's priorities straight.
It's a shame really since Dwight Eisenhower had advocated education to a large degree. Republicans didn't always stand for the lowest common denominator.
What does the "Lowest Common Denominator" mean? Are you talking about people like Al Gore who claim to have created the Internet? Yeah, a few boneheads in both political parties try to think they know about technology but they just make fools of themselves. Republicans locally have been trying to get more for education for the past 20 years but the democrats in the statehouse spend the money for welfare. Methinks if we spent it on education, we wouldn't need welfare so much.
A lot of times, they are heroes going above and beyond the call of duty (I.E. off duty) to do something extrordanairy [sic]. A lot of ex-military go into policing just because they like to see "action".
Not all medical doctors have six figure salaries. Not all are working *just* for a paycheck. My cousin went to eight years of school, and god knows how many years of interning to get a $40k paycheck at a public hospital. He likes what he does and considers pay a bonus.
for DSL. At least they can't sue you for line theft accidently. I moved into a home recently and found the previous owner forgot to cancel the cable and called to tell them to shut it off. 3 months later, hundreds of calls, one threat of legal action by them, and two by me, it was finally shut off. I got a letter last week stating that I was "pre-qualified" to sign up for the upcoming cable service. No thanks.
Slashdot Mirror
great. They tend to loose high frequencies and overall sound like they are covered with a thick blanket.
:)
The drywall in most homes absorbs most of the vibrations causing the tone. If you had sheetmetal lining your room, then yes, they might work better.
But, it is a start.
RB
They don't look invisible to me
I share the same sentiment that he needs to be punished for his actions IF, he did them. But, we need to remember a few things...
0. THIS IS THE USA, WE HAVE LAWS DEALING WITH THIS. The US got up in arms over the method of punishment in the Singapore. I don't see why because it is a soverign country with its own laws. Our laws do however provide for a few things...
1. He has not been proven guilty in a court of law.
2. He has been imprisioned for over 4 years without a trial. Normal holding time is ~1 year for all criminals before trial. Something about the US Constitution and the right to a speedy and fair trial.
3. There has not been a gag order placed on this trial and therefore, (you lawyers in training help me out on this...) the trial transcripts are public record.
4. The actions of the prosecutors have been reprehensible up till now. Denying access to files that can he needs to prepare a defense. Then slamming over a million pages of materials in his cell with a few weeks left before trial.
Regarding the amount of damages, the companies have to report all gains and losses to the IRS, SEC, and the shareholders in that company. If, they reported this as a loss, they must legally report that loss to the court. If they report any other amount, then it is fraud, and the IRS sends an army of Auditors up to the top floor of your corporate suite with anal probes and adding machines. I forget what the SEC does but I think I remember a case where their right to trade shares was revoked. The Shareholders can sue the company for falsifying records and fraud. Whole lotta shit flying around for a few decimal places.
RB
Strange. The 6.0 box I bought a few days ago had all the docs in english and many other languages, including the german. Of course, you have to make sure you specify the english packages in setup to be loaded or the german gets the default.
RB
I think you are only able to purchase the CD and not download it. I am not 100% sure. I got mine at Microcenter.
I think I have found my Linux Distro since I had a working setup in about 20 minutes with YaST.
RB
I am trying my best to get RH to install the X Server for the past 3 weeks. I have it there but the friggin X server doesn't seem to want to run the i740. Oh well. I will run this test, Oh yes I will. :)
RB
I would like to see the OS that managed to get that rating...
RB
I don't see everyday things named pez. However, I think they are going overboard with all the legal crap. I think Illiad from userfriendly put it best:
"Don't do bad things. We have lawyers."
Works on many subtle levels.
RB
Many sites out there are dedicated to raising customers awareness: Bekins and the ever popular Untied.com and NWA.
Bekinsbeware got bekins attention so much that they resolved their differences with the consumer.
The others frequently voice the complaints. What they do not do is use the logos and symbols of the target company. The court has ruled time and time again that people are free to advertise their disgust with corporations. This does include using the name of the corporation to do the advertising.
You just can't pass yourself off as the corp or use the name to sell something similar without telling the people you are not actually the corp.
RB
They stated that since West Coast Video was using the trademarked name of a movie database software, and that they had similar database on the site, people could be reasonably confused as to if the database was actually the "MovieBuff" database. You can use the "Dodge" and the "Shadow", but don't pass yourself off as the real ChryCo (Sorry, DamilerChrysler).
The analogy, albeit a poor one, is akin to labeling a restaraunt "Burger King" and all the similar look, and actually serving McDonalds.
Fair use is still in effect. Just not when you are selling a product similar to another.
RB
I found out why the judge decided to rule the way he did. This case was more than meta tags, but was West Coast Video's use of the term "moviebuff" in the meta tag AND in moviebuff.com
Brookfield entertainment had for awhile a product that was a database of movies called MovieBuff and trademarked the term right around the same time the domain name was registered by WCV in 1996. Just about 1999/99, Brookfield sent a letter to WCV stating intentions of filing a lawsuit over the use of "moviebuff.com" Next day, WCV "went live" with the site, and the actual opening of the site in 99. WCV argued since it was "The Movie Buff's Movie Store", it could use the domain and the META tag.
The court ruled, that by using the term "moviebuff" and not "movie buff" (Space included), they were infringing on the the federal trade mark held by Brookfield. They stated that they are competitors since on the WCV site at moviebuff.com, they had a serchable internet database similar to the one used by Brookfield. This is why the courts ruled that way. If they didn't have that database, then the courts probably would have ruled the other way.
(This is not the first time the Meta tags have come up in court. Playboy seems to have gone apeshit about the terms Playboy and playmate.)
McDonalds cannot use "Burger King" in their meta tags because they are competitors, so this is a similar analogy to the case at hand. This doesn't restrict the use of everyday terms in your site such as blockbuster or movie buff if you sell movies, but the use of the term moviebuff is now considered off limits.
Just make sure you aren't using a competitor's trademark to lure people to your site.
IANAL.
RB
"If 50 million people say something foolish, then it is still foolish" - French
Corrolary:
"If 90% of the world uses a crappy OS, it is still a crappy OS." - Pryde
For those people out there without the honorable intent that Zer0Knowledge has, I think Nav popping up a warning when this type of control is a good thing. Last time I checked (which was a while ago...) I could copy X controls and use them on my site.
RB
The bulk of this thing is a MS Press Release so it is a little biased. The part at the bottom is part of Linux Today's doing. I am glad they did add that though.
I looked at the main page and they have only counted a little over 1.4 million computers. That to me seems a little low. Heck, we have nearly 3k computers at work. And we are not that big. .edu set and the non-com people. This will change.
If they combine the data with a NetCraft (No, not the MS people) survey, then a closer count may be had. That would bump Solaris up a lot and unfortunately, the WinFamily. Linux wont take a huge hit though except in the percentages. It seems linux is more popular right now with the
RB
People, not *everything* MS does is evil. Yes, a lot of what the do can be considered evil.
AFAIK, the ony thing MS has now is a lighter bank account, a few less researchers, and one vote on the coalition. This doesn't consitiute a takeover when over a 150 other entities are involved.
RB
They requested the guy to stop. He didn't. They essentially closed the network to him. So it is a private network in this case.
RB
I didn't see that it was applied to plain mail. Unless a court decision specifically interprets the ruling that way, it should just apply to email communications.
All these analogies comparing email to mail are comparing apples and oranges. Mail, is a service provided by the govt sanctioned monopoly which a user has to pay to send items through and unless specified, the reciever has to do nothing to recieve it. (Specified means pay on delivery methods but you can always refuse to pay. P.O. Boxes are a different story. They could be considered similar to an email box becuase you are paying for the service)
Email services are essentially free for the sender since one message gets sent to a mail server and then gets duplicated and sent. The only person has to really pay are the recievers. They have to provide space for the message to reside on and provide bandwidth to route the message. Since the message has to be transported through a private entity, then it can be considered theft of resources. Of course, the sysadmin can put a killfile on the main message reciever but any person with half a brain can get around it. Snail Junk mail filtering is much harder to circumvent.
RB
Currently, the Service module *should* be en route to Baikanour to be readied for launch later this year. The modules are built and then shipped by rail to the launch center. During that trip, all hell gets shaken around and all the factory inspections must be repeated at the launch site.
Yup, pressure is a big thing but apparently not for the friggin service module. Been waiting on it for nearly two years now.
RB
Because they asked him to stop sending email to Intel. He refused. There is a law against recieving unwanted mail after requesting to stop.
One, 30k emails do tend to take up space and moving them around tends to cause bandwith traffic. Would you like to foot the bill for that wasted space and time even if you had the means to pay it without serious harm? I wouldn't because I can spend the resources elsewhere. The guy can do pretty much anything he wants except when it involves other peoples property. Yes, the Internal email system is the property of Intel. You can send all the messages you want over the net but once an Intel router has to handle it, then you can be considered tresspassing since they did not want to handle it.
RB
MS began peddling its wares but became caught up in a movement towards the home PC. It then started to acquire companies to expand. We know the rest of the story.
VA began peddling its wares but became caught up in a movement towards Linux. It is now starting to acquire companies to expand. The rest of the story is unwritten. I even like the PC's they put out. I am just saying it could go either way.
I am not saying that they are going to become the next MS. But, to me, there is a somewhat similar start.
I think this could be a good thing, but If I remember correctly, a little software company from Redmond started sorta like VA. I am going to have to wait and see on this one.
:)
But, More power to Linux is a good thing
RB
I am currently co-oping to learn more. I also get college credit (1hr) for each semester I work. Not bad considering I am a full time employee getting paid as such. I am learning tons of stuff here that I couldn't have learned at college. But, on the other hand, I won't learn a lot of stuff here that is taught at the college. I consider the co-op program the best of both worlds. You learn a little at college, go out to "the real world" and come back to college knowing exactly what you need to help you out when you return to "the real world". If your school has such a program, I highly suggest it.
RB
My high school, suffering from shrinking budgets, eventually cut it's higher level classes (just after I left). The tax-cut fever finally swept even recession-proof Long Island (at least undil the cold war ended - oops) and frivolous programs like AP Math were gone!
And let me guess, the Football team was still there? I think your school district might not have it's priorities straight.
It's a shame really since Dwight Eisenhower had advocated education to a large degree. Republicans didn't always stand for the lowest common denominator.
What does the "Lowest Common Denominator" mean? Are you talking about people like Al Gore who claim to have created the Internet? Yeah, a few boneheads in both political parties try to think they know about technology but they just make fools of themselves. Republicans locally have been trying to get more for education for the past 20 years but the democrats in the statehouse spend the money for welfare. Methinks if we spent it on education, we wouldn't need welfare so much.
RB
A lot of times, they are heroes going above and beyond the call of duty (I.E. off duty) to do something extrordanairy [sic]. A lot of ex-military go into policing just because they like to see "action".
Not all medical doctors have six figure salaries. Not all are working *just* for a paycheck. My cousin went to eight years of school, and god knows how many years of interning to get a $40k paycheck at a public hospital. He likes what he does and considers pay a bonus.
RB
somewhat. I think I remember that from Tom's Hardware. But I could be wrong.
RB
for DSL. At least they can't sue you for line theft accidently.
I moved into a home recently and found the previous owner forgot to cancel the cable and called to tell them to shut it off. 3 months later, hundreds of calls, one threat of legal action by them, and two by me, it was finally shut off. I got a letter last week stating that I was "pre-qualified" to sign up for the upcoming cable service. No thanks.
RB