they have some form of mental defficiency that does not allow them to distinguish between right and wrong
I'm gonna throw the bullshit flag on that one. Someone that can't distinguish between right and wrong would not be able to function for 15 or so years in public. I agree that the kids that do these things are not normal, but it certainly isn't a right from wrong issue. I tend to lean more on the "I hate you fuckers, and I don't care what happens to me" side. In a way its just an extreme form of doing something you know is wrong, and that you know you will get caught for. Its like pleasure on credit, do what you want now, pay later.
Fee? Oh, I'm sure it will be small, only a couple of thousand dollars per track. Of course you'll have to be a member of a supported artists association for any of the DRM certification authorities to do any work for you.
United States of America: (See, American English; North American English) In case anyone is wondering, the standard American English accent is the neutral dialect spoken by TV network announcers and typical of educated speech in the Upper Midwest, Chicago, Minneapolis/St. Paul and Philadelphia.
I said "no accent", they say "neutral accent", my mistake.
When we say 'about' they hear aboot, because they are used to the oo sound being an ugh sound. Not exactly. We here "aboot" because you pronounce it "aboot", if you pronounced it "about" thats what we would hear.
A large portion of the U.S. speaks American English with what is considered no accent. Then there are the extremes from the south, east, and northeast.
Just listen to Barry Melrose call a hockey game sometime, and tell me he isn't saying "aboooot", and "agayne" throughout.
It is pretty unlikly the "nerds" are the cyberbullies. It only takes a couple of good ass whoopings behind the school to make a "nerd" stop putting stuff on a website. Its tough to hack when you can't type because your fingers are broken...
Sigh. You're missing the point. In the business world there is the mentality that if you could have made some money from something, and you didn't, then it is a cost. If you could have sold that software to those people, but you didn't, it cost you $X.
You're using the same argument that warez people have been using since games came out. "I wouldn't have payed for it, so its not costing you anything if I copy it". Its really just a perspective thing.
Its a business mentality thing. If someone gave you a sqaure block in the middle of manhattan, and you ran a mini-golf course on it, you might be able to make $200k a year. If you leased the land out, you could make a cool million, so its costing you $800k a year to run the mini-golf course.
There is a simple solution to this really. The geek kids all need to get together and kick the shit out of the kids whos parents are suing. Damnit, nevermind...
There are some things more important then "winning". In fact, there's a lot of things more important then winning.
Yeah, but the sanctity of my rectum is about the most important thing I can think of. You don't take the gloves off when you get sued, and they're gonna shove em in your mouth to stifle your cries of pain while they turn your hershey highway into the new chunnel...
I agree with most of what you said, except for point 5. RIAA has a case. Look, here it is. If the facts are true, if you have copies of unauthorized works on your computer, and they catch you -- you are busted. You did the deed, and it is actionable. You might not like it, but you are responsible under the law for your conduct.
The thing is, they don't have your computer, and don't really know what is on it. All they have is your IP address, but it might not even be your IP address. What if you have a wireless access point, and your neighbor's laptop picked it up and grabbed a connection in your home network? It would look like you were the one doing the filesharing, but it was really all on someone elses computer. In this case, you would be no more guilty than the ISP you are using.
Maybe you should have locked down your access point, but just because you left your keys in your car in the driveway and your neighbor stole it and mowed down a bunch of nuns doesn't make it your fault.
He might have pissed off a lot of people, but he probably made a lot of his constituents really really happy. Oklahoma has a number of large call centers, AOL, Hertz, one of the dish companies, and an airline reservation center to name a few. He may have had some legal reasons to make the decision he did, but all the voting telemarketers and their families that live in this state probably helped too.
Just because something is stated in a ToS, doesn't necessarily make it legal. In fact, if they added something to the ToS that prevented transfer, it seems the agreement could become invalid. It may be that in some states, or in a federal statute or something, it is not legal to limit the transfer of ownership of an item when it is purchased. I'm probably not using the correct legal terminology, so sue me.
Thats true, but hiring blind people is much more socially friendly. Plus, as an employer, there are federal and state tax benefits you could take advantage of by hiring members of a protected class.
The solution is quite simple really. Send the device back for repair, claiming you can't get past the first screen. When they ship it back to you, I'd almost guarantee someone at the repair facility will have clicked the "accept" button, assuming you don't have a completely new unit of course.
Excellent point. Everyone should just hire some blind people to set up their systems for them. Let them take everything out of shrink wrap and open all packages, then teach them the series of keystrokes and whatnot to get a system past all the EUALs. Clearly no "communication" occurred, unless the packaging is in Braille.
If they can solve your problems every time, you're not trying hard enough... My last three support cases have turned out to be bugs in the software, which took Cisco around a week to figure out each time. That was lots of uploaded "sh config" files, hours on the phone, and countless emails back and forth with the tech.
Cisco is pretty good, but they could do better IMHO.
I have to wonder if any of the lawsuits would actually hold up in court. It seems like there would just be too many ways to show that while a particular IP could have been assigned to one of your computers at a particular time, it could also have been someone elses. Someone could have been using your wireless access point without your knowledge, or you let someone else use your computer, or you didn't configure your filesharing software correctly and someone uploaded those files to your system without your knowledge. I mean, there are all sorts of technology related reasons that could explain away their claim.
What about chain of evidence issues? Who has access to the records/logs at the ISP? Have the records been tampered with? How accurate are the records?
Of course defense costs money, and the law has nothing to do with right and wrong, just who can be the most convincing...
I wish google would do something about this type of crap in search results. Search I used was: google search
It really pisses me off when half my results are links to other search engines, that never seem to have any information about what I'm looking for.
they have some form of mental defficiency that does not allow them to distinguish between right and wrong
I'm gonna throw the bullshit flag on that one. Someone that can't distinguish between right and wrong would not be able to function for 15 or so years in public. I agree that the kids that do these things are not normal, but it certainly isn't a right from wrong issue. I tend to lean more on the "I hate you fuckers, and I don't care what happens to me" side. In a way its just an extreme form of doing something you know is wrong, and that you know you will get caught for. Its like pleasure on credit, do what you want now, pay later.
Fee? Oh, I'm sure it will be small, only a couple of thousand dollars per track. Of course you'll have to be a member of a supported artists association for any of the DRM certification authorities to do any work for you.
No, not only by them.
e ll-the-origin-of-an-accent
From:
http://www.nationmaster.com/encyclopedia/How-to-t
United States of America: (See, American English; North American English) In case anyone is wondering, the standard American English accent is the neutral dialect spoken by TV network announcers and typical of educated speech in the Upper Midwest, Chicago, Minneapolis/St. Paul and Philadelphia.
I said "no accent", they say "neutral accent", my mistake.
When we say 'about' they hear aboot, because they are used to the oo sound being an ugh sound.
Not exactly. We here "aboot" because you pronounce it "aboot", if you pronounced it "about" thats what we would hear.
A large portion of the U.S. speaks American English with what is considered no accent. Then there are the extremes from the south, east, and northeast.
Just listen to Barry Melrose call a hockey game sometime, and tell me he isn't saying "aboooot", and "agayne" throughout.
It is pretty unlikly the "nerds" are the cyberbullies. It only takes a couple of good ass whoopings behind the school to make a "nerd" stop putting stuff on a website. Its tough to hack when you can't type because your fingers are broken...
Not until O'reilly gets a chance to interupt^H^H^Hview him...
Of course it could just be that YOU are so far right that everyone else is left of you. Ever consider that?
Sigh. You're missing the point. In the business world there is the mentality that if you could have made some money from something, and you didn't, then it is a cost. If you could have sold that software to those people, but you didn't, it cost you $X.
You're using the same argument that warez people have been using since games came out. "I wouldn't have payed for it, so its not costing you anything if I copy it". Its really just a perspective thing.
Its a business mentality thing. If someone gave you a sqaure block in the middle of manhattan, and you ran a mini-golf course on it, you might be able to make $200k a year. If you leased the land out, you could make a cool million, so its costing you $800k a year to run the mini-golf course.
Goooooooooooooood Moooooooorning Open Source!
There is a simple solution to this really. The geek kids all need to get together and kick the shit out of the kids whos parents are suing. Damnit, nevermind...
There are some things more important then "winning". In fact, there's a lot of things more important then winning.
Yeah, but the sanctity of my rectum is about the most important thing I can think of. You don't take the gloves off when you get sued, and they're gonna shove em in your mouth to stifle your cries of pain while they turn your hershey highway into the new chunnel...
I agree with most of what you said, except for point 5. RIAA has a case. Look, here it is. If the facts are true, if you have copies of unauthorized works on your computer, and they catch you -- you are busted. You did the deed, and it is actionable. You might not like it, but you are responsible under the law for your conduct.
The thing is, they don't have your computer, and don't really know what is on it. All they have is your IP address, but it might not even be your IP address. What if you have a wireless access point, and your neighbor's laptop picked it up and grabbed a connection in your home network? It would look like you were the one doing the filesharing, but it was really all on someone elses computer. In this case, you would be no more guilty than the ISP you are using.
Maybe you should have locked down your access point, but just because you left your keys in your car in the driveway and your neighbor stole it and mowed down a bunch of nuns doesn't make it your fault.
He might have pissed off a lot of people, but he probably made a lot of his constituents really really happy. Oklahoma has a number of large call centers, AOL, Hertz, one of the dish companies, and an airline reservation center to name a few. He may have had some legal reasons to make the decision he did, but all the voting telemarketers and their families that live in this state probably helped too.
IANAL and all that stuff...
Just because something is stated in a ToS, doesn't necessarily make it legal. In fact, if they added something to the ToS that prevented transfer, it seems the agreement could become invalid. It may be that in some states, or in a federal statute or something, it is not legal to limit the transfer of ownership of an item when it is purchased. I'm probably not using the correct legal terminology, so sue me.
Jesus, read past the damn headline... He already said there isn't anything in the agreement with respect to transfer.
Thats true, but hiring blind people is much more socially friendly. Plus, as an employer, there are federal and state tax benefits you could take advantage of by hiring members of a protected class.
The solution is quite simple really. Send the device back for repair, claiming you can't get past the first screen. When they ship it back to you, I'd almost guarantee someone at the repair facility will have clicked the "accept" button, assuming you don't have a completely new unit of course.
Excellent point. Everyone should just hire some blind people to set up their systems for them. Let them take everything out of shrink wrap and open all packages, then teach them the series of keystrokes and whatnot to get a system past all the EUALs. Clearly no "communication" occurred, unless the packaging is in Braille.
Hell, maybe someone at Dell fired it up before it went out the door, and someone else clicked the agree button.
If you need "Understanding Comics", you're too fucking old.
Those are all excellent places to try, except all those girls already have girlfriends.
If they can solve your problems every time, you're not trying hard enough... My last three support cases have turned out to be bugs in the software, which took Cisco around a week to figure out each time. That was lots of uploaded "sh config" files, hours on the phone, and countless emails back and forth with the tech.
Cisco is pretty good, but they could do better IMHO.
I have to wonder if any of the lawsuits would actually hold up in court. It seems like there would just be too many ways to show that while a particular IP could have been assigned to one of your computers at a particular time, it could also have been someone elses. Someone could have been using your wireless access point without your knowledge, or you let someone else use your computer, or you didn't configure your filesharing software correctly and someone uploaded those files to your system without your knowledge. I mean, there are all sorts of technology related reasons that could explain away their claim.
What about chain of evidence issues? Who has access to the records/logs at the ISP? Have the records been tampered with? How accurate are the records?
Of course defense costs money, and the law has nothing to do with right and wrong, just who can be the most convincing...