Well, there is a slight difference between that and a dismissal on merits. If it was the latter, Facebook could claim res judicata, but if it was due to something procedural like, say, pleadings being filed out of time, the Plaintiffs could re-file the suit.
Personally, I tend to agree with Gerald Lynch's opinion. The entire idea behind criminal discovery in the States and the UK is that all documentary evidence the prosecution has, used or not, is to be revealed to the other side and the defence has no such quid pro quo obligation. Therefore, unless the state can show a clear reason why the encrypted files should not be released, there is no reason to refuse.
The state's argument in this case is disingenuous - claiming that because it's encrypted it's not really in their possession - and I'm surprised the Judge didn't give them a good bollocking for that. Imagine encrypted data as items in a locked box. You may not be in possession of the items inside the locked box because you do not have the key (and therefore no knowledge or opportunity for inspection), but you're definitely in possession of the box itself.
A better approach would have been to attempt to obtain a warrant to get the decryption key from Mitnick. Taking the locked box metaphor forward, approach a judge, show probable cause that the contents of the box may be evidence of a crime, and then get the search warrant to "open the box". That preserves the Fourth Amendment procedural safeguards. Of course, if the state can't show probable cause, that's their own bad luck.
Maybe my memory doesn't serve me right, but wasn't Q a female character in the original Ian Fleming books? (Or was it only after some other author - John Gardner or what was his name - took over writing the Bond book series?)
You're thinking of Q's female assistant, Ann Reilly in the Gardner novels - who was nicknamed Q'ute by Bond. Oh, and Q's given name was apparently Major Geoffrey Boothroyd.
Why would you want to produce a processor that only runs efficiently at -36 degrees centigrade? Sure, the benchmarks are great, if YOU'RE ON MARS.
The answer is obvious. AMD is secretly producing these things for space aliens. And when the humans discover their base on Yuggoth, they will have the computing capacity to crush all resistance in their path.
On the other hand, it could be because some nimrod just decided to take 'cool computing' too literally.
Besides, hey, I'd pay $2,200 for a PC that looks like a steam-powered marital aid.
It has to be that. It had everything - a classic starship battle, a larger than life villain, brilliant charactisation, a multi-layered script dealing with issues of old age, renewal, revenge and obsession, friendship, sacrifice, life and death. It was Trek raised to the Nth degree.
The Big Three never worked as well together - witness the scene where they're discussing the power of the Genesis Device, McCoy and Spock going at it from the extreme ends like they've always done and Kirk sitting there listening and taking in their opinions (and the Big Seven's moment as the finest crew in the fleet would come with stealing the Enterprise in Star Trek III).
Every damn line in the movie is unforgettable, from Saavik's opening Captain's Log during the Kobayashi Maru ("Damn... Mr Sulu, get us out of here"), to the references to Moby Dick, Paradise Lost and A Tale Of Two Cities - "The needs of the many outweigh the needs of the few", Peter Preston's dying, "Is the word given Admiral?", "From Hell's heart, I stab at thee.. for hate's sake, I spit my last breath at thee", Spock's solution to the no-win scenario by sacrificing himself, "I have been and always will be your friend", the magnificent strains of "Amazing Grace" on bagpipes, McCoy's "He's not dead, as long as we remember him and Nimoy's majestic rendering of the opening monologue.
It has to be "The Devil In The Dark", the episode with the silicon creature called the Horta. When Kirk asks McCoy to help save its life he retorts, "I'm a doctor, not a bricklayer!" Absolutely classic.
Of course, McCoy *does* save the Horta by effectively becoming a bricklayer, spreading a silicon based cement over the Horta's wounds as a bandage to allow it to heal itself. Beaming, his arms covered in the stuff he says, "By God, Jim, I can almost believe I could cure a rainy day!"
We always believed, Bones. Rest easy. You've earned it.
Slashdot Mirror
Well, there is a slight difference between that and a dismissal on merits. If it was the latter, Facebook could claim res judicata, but if it was due to something procedural like, say, pleadings being filed out of time, the Plaintiffs could re-file the suit.
... so I may be a bit off on this one, but:
Personally, I tend to agree with Gerald Lynch's opinion. The entire idea behind criminal discovery in the States and the UK is that all documentary evidence the prosecution has, used or not, is to be revealed to the other side and the defence has no such quid pro quo obligation. Therefore, unless the state can show a clear reason why the encrypted files should not be released, there is no reason to refuse.
The state's argument in this case is disingenuous - claiming that because it's encrypted it's not really in their possession - and I'm surprised the Judge didn't give them a good bollocking for that. Imagine encrypted data as items in a locked box. You may not be in possession of the items inside the locked box because you do not have the key (and therefore no knowledge or opportunity for inspection), but you're definitely in possession of the box itself.
A better approach would have been to attempt to obtain a warrant to get the decryption key from Mitnick. Taking the locked box metaphor forward, approach a judge, show probable cause that the contents of the box may be evidence of a crime, and then get the search warrant to "open the box". That preserves the Fourth Amendment procedural safeguards. Of course, if the state can't show probable cause, that's their own bad luck.
I'll be seeing ads in TIME magazine telling me how to $$$GET!!!RICH!!!FAST!!!$$$?
You're thinking of Q's female assistant, Ann Reilly in the Gardner novels - who was nicknamed Q'ute by Bond. Oh, and Q's given name was apparently Major Geoffrey Boothroyd.
I just have a hard time taking an OS that calls itself WinCE seriously.
I mean, what was Marketing THINKING?
Uh, wait...
Why would you want to produce a processor that only runs efficiently at -36 degrees centigrade? Sure, the benchmarks are great, if YOU'RE ON MARS.
The answer is obvious. AMD is secretly producing these things for space aliens. And when the humans discover their base on Yuggoth, they will have the computing capacity to crush all resistance in their path.
On the other hand, it could be because some nimrod just decided to take 'cool computing' too literally.
Besides, hey, I'd pay $2,200 for a PC that looks like a steam-powered marital aid.
That surfaced on Slashdot earlier this year. Turned out to be a joke article, sorry.
It has to be that. It had everything - a classic starship battle, a larger than life villain, brilliant charactisation, a multi-layered script dealing with issues of old age, renewal, revenge and obsession, friendship, sacrifice, life and death. It was Trek raised to the Nth degree.
The Big Three never worked as well together - witness the scene where they're discussing the power of the Genesis Device, McCoy and Spock going at it from the extreme ends like they've always done and Kirk sitting there listening and taking in their opinions (and the Big Seven's moment as the finest crew in the fleet would come with stealing the Enterprise in Star Trek III).
Every damn line in the movie is unforgettable, from Saavik's opening Captain's Log during the Kobayashi Maru ("Damn... Mr Sulu, get us out of here"), to the references to Moby Dick, Paradise Lost and A Tale Of Two Cities - "The needs of the many outweigh the needs of the few", Peter Preston's dying, "Is the word given Admiral?", "From Hell's heart, I stab at thee.. for hate's sake, I spit my last breath at thee", Spock's solution to the no-win scenario by sacrificing himself, "I have been and always will be your friend", the magnificent strains of "Amazing Grace" on bagpipes, McCoy's "He's not dead, as long as we remember him and Nimoy's majestic rendering of the opening monologue.
No contest at all.
It has to be "The Devil In The Dark", the episode with the silicon creature called the Horta. When Kirk asks McCoy to help save its life he retorts, "I'm a doctor, not a bricklayer!" Absolutely classic.
Of course, McCoy *does* save the Horta by effectively becoming a bricklayer, spreading a silicon based cement over the Horta's wounds as a bandage to allow it to heal itself. Beaming, his arms covered in the stuff he says, "By God, Jim, I can almost believe I could cure a rainy day!"
We always believed, Bones. Rest easy. You've earned it.