Bruce Schneier is NOT a diplomat and has fuck all experience in dealing with international affairs. And what sort of Diplomacy are we supposed to use when "Stern Letter Writing", "UN Inspections" and threats fail? Obama showed quite a bit of creativity and tact in performing an elaborate Cyber-Attack that left our best Security Researchers stumped for months and seems to have worked quite well in derailing their bomb making efforts.
Would Schneier prefer we have gone ahead with Israel's agenda and bombed the suspected weapons making facilities and risked killing people -- even civilians? Or is he just the sort of Freedom Loving Pacifist that would have us dawdling around writing more "Sternly Worded Letters" until Iran finally trotted out a bomb and wiped out an entire city full of people?
Dell doesn't make the parts -- and it's the parts I was talking about. HDDs are made in Thailand and Indonesia, CPUs are made in Ireland and China, Mainboards and RAM are made abroad as well. These components contain heavy metals and require the use of toxic material to produce and as such, the environmental compliance costs, OSHA compliance, insurance fees for facility and workers and the inevitable EPA fines make it cost prohibitive.
So you'd prefer the components to be made here? Feel like paying $3,000 for that Dell?
Because that's how much it would cost to make a PC if the factories that make the parts were in the US, dealing with US Environmental Regulations, US Taxes and having to pay US Workers who expect to be able to afford a McMansion and Porsche Cayenne for working in any aspect in the Tech Sector and would likely Unionize overnight.
The Days of Made in the USA are long over -- it's all about Globalization. The day Manufacturing returns en mass to the US is the day that they have Rapid Reproduction tech to the point that a car could be made from blocks of raw material and built to spec by a machine then rolled off the assembly line to a waiting self-driving truck waiting to take them to the local dealerships.
I'm so sorry you didn't understand what I was saying. But an MS version of the Enterprise Admin Interface for iOS is what the grandparent was desiring -- but instead asked for a new Mobile OS. And MS will likely roll out such a product for their own devices. If they can't be bothered to -- then that's just tough shit and a sign that RT is bound for failure.
In fact if Windows RT Tablets are unable to access Corporate Domains and services like Exchange out of the box then we can all go home knowing that MS' days are indeed numbered. Because it shows they have forgotten their core market -- the enterprise cube farm.
And perhaps they have -- it seems that over the last decade MS has focused most it's efforts on chasing popular startups with laughable attempts at copying them only to fail miserably. Under Ballmer they've acted like a dumb dog chasing all the other dog's tails.
No -- you want administration tools that you can use to manage an enterprise's corral of tablets and smartphones. Surprisingly, Apple offered this for the iPhone years ago as part of their OS X Server package that allowed for the adding/removing of apps and permissions for all registered devices on the network. Not sure if it still exists in Lion Server -- but it stands to reason it should.
Expecting them to come up with a brand new Tablet OS just for your IT dept needs did give me a chuckle though. But rest assured, I'm sure they'll rip-off Apple (as usual) and come up with a device administrator for you to play with.
People with any sort of clue who dislike Apple will typically pay reverence to the sheer brilliance of their Marketing. Because those who know what Marketing is are well aware that it's not just memorable meme-generating Ads like their 1984 commercial or "I'm a Mac" -- but playing to and satisfying the needs of the Market. You know -- "The Market", where the word Marketing comes from?
It's Marketing that caused them to create the iPad, which killed the MP3 player market. It's Marketing that gave rise to first the iPhone and then the iPad -- which have been ripped off to hell and back by Google, Samsung and other companies. It's Marketing that gave rise to an "Ultra-thin Ultra-Portable Ultrabook" -- ohh wait -- that's what all the RIP-OFF artists are calling their "brought to you by Intel" wanna be knock-offs of the Macbook Air. It's Marketing that caused them to look at the upsurge of users buying Mac Minis and OS X Server that caused them to create the Mac Mini Server product.
And it's Marketing that caused them to come up with a product that catered to a Target Market of Home Computer Enthusiasts who wanted to putter around with an all-in-one main board and chipset.
You fanboys who come here and spouting your rabid Pro-Linux crap while shitting on Apple show no respect for a company that had a major hand in INVENTING the PC Hobbyist Era and who have contributed significantly to modern computing.
And it's their fucking MARKETING that caused them to come up with their advances and innovations by looking at what people wanted before they knew they wanted it based upon what they were doing with what they had. And it's their marketing to the Consumer that forces them to look at offering the minimum viable product they can to offer to consumers who may not want or may not be able to afford their more high end products such as their Pro series of products.
Conversely, it's their continued demonstration of their lack of ability to cater to the Enterprise Market that caused them to first lose to Microsoft and more recently, to kill off the XServe and likely future kill of the Mac Pro to focus on their core strengths: Consumer Products and Marketplaces.
... more than Earth needs humans and why Microsoft needs PCs more than PCs need Microsoft and even *gasp* why mammals need air more than air needs mammals
Stay tuned for more insightful and thought provoking statements here on El Slashdotto!
Think about your statement for a second. Now imagine going through a tunnel. - you encounter the outer edge of the tunnel and can perceive the shift from outside to inside and the faint light of the other end far off - you then experience the tunnel's environment as you pass through, gradually getting nearer the exit - you then come to the exit, and can perceive the other side more clearly, yet indirectly from inside the tunnel - you exit the tunnel and are now fully on the other side and perceiving it directly and able to interact with it
So expect yet another article when Voyager actually passes through the heliosphere and enters intersteller space.
It was only a matter of time that the clued into the fact that they were losing precious profits to after-market RAM and Storage upgrades. Now Apple can be assured that their consumers will be paying FULL APPLE PRICE for RAM and Storage instead of pennies on the Apple Dollar by purchasing at cheap hardware vendors who can't offer the Apple® experience.
Hear Hear! That is exactly what I came in here to say. Good to see someone else beat me to it.
So much would be better in this world -- especially in regards to Law -- if people stopped looking at electronic media and the Internet as some "different" place where current law does not apply. Popular Culture referring to the WWW as the Wild Wild West and some virtual no man's land helped foster this mind-set. And while the Internet is a new Frontier, it is still a part of every day life, we are still dealing with people and their actions and intellectual output.
The only grey area is when the intellectual output and actions have effects in other nations that have different laws. And that quite simply should be dictated by the laws of the country of origin.
Why should we be flooding Apple's inbox with requests to put the App back in the AppStore? By doing so, they expose themselves to legal liability and potential lawsuits.
It seems that if you are angry about this and wanted to see this app back in iTMS, you'd write the software creators and patent claimant urging them to settle their differences fairly and amicably in the interests of the consumer. iTMS will promptly put the app back online when instructed to do so and can be assured they will not be sued for doing so.
If your statement is true, you better start running 'cuz Pauli and Sal are on their way to put a cap in your ass for talking disrespectful like. Fuck you whiners who take our freedom for granted. The fact that they are willing to DO ANYTHING at all to help people get their data back is exemplary -- BECAUSE THEY DON'T HAVE TO. So fuck you and fuck your self-entitled, idiotic BS. Don't you have a campsite in Oakland to Occupy?
And by the way -- Any sufficiently large and powerful organization can be compared to the Mob. So every Government HAS ALWAYS acted like the mob. Taxes started off as protection money you gave the local warlord.
The harder Microsoft tries to look cool, the more they look like awkward social retards staring at their feet in the corner of the highschool dance. I'm hard pressed to think of a company with a worse public image -- aside from Haliburton and PG&E, who actually kill people to achieve profit.
I addition any Contractor who agrees to NET 30 payment shouldn't be accepting contracts.
For me it works like this: You pay 1 weeks rate up front, or 1/3 of the anticipated time if less than a week's estimated work to initiate services All time is billed HOURLY The only milestone is project completion All Invoices are due Net 10.
If they want a "fixed rate" offer them what I call a capped rate which means you add 30% to your most conservative estimate and promise to halt work if that cap is met. This means that you MAKE NO GUARANTEE as to project completion, just that you wont wrk beyond a certain amount of total hours. If the cap needs to be adjusted due to scope change, just amend the cap. This way you are not flying blind and will not suffer due to any unforeseen difficulties.
The upfront deposit is of course waivable. I typically do not ask this of large companies, as the request will usually cause some stir and being that the deposit is there because of lack of trust, it's not necessary against a large company (200 or more people), since they will pay because there are too many processes in place for them not to pay a contractor without good cause.
And from my experience anyone who takes issue with these terms and says "THESE ARE NOT STANDARD BUSINESS TERMS" tell them this:
"Net 30 is based on common contract law that states that 30 days is the MAXIMUM amount of time you legally have to pay a contractor. This has nothing to do with invoices. Also, most companies find it favorable to be able to pay contractors on a regular pay cycle, I can accomodate this is you wish." (meaning you flex to Net 15 or even Net 20) "My invoicing is to insure that I mitigate my risk against harm caused by non-payment and to insure that I can afford all incidental costs associated with performing my work for you -- such as paying rent, buying food and travel expenses to and from your offices for meetings." Also, if they would like you to flex on the payment terms, flex on the deposit amount by increasing it and offer them a couple different payment/deposit schedules and let them pick the one that works for them.
If they still take issue with paying a deposit or with Net payment terms and it's a blocker to landing the deal (I've even had one or two prospects get angry) tell them to piss-off, because believe me, no matter how much you want to help them, if payment terms are a point of contention at the onset it means payment will be a point of contention and when it comes time to collect, and most likely you'll be working about as hard as you did producing the work. It's just not worth it.
Let me reiterate: A prospective client arguing unduly about payment terms and rates is an UNFORGIVABLE RED FLAG. As soon as they enter any sort of argument and make clear that payment/money is an issue -- then politely stop the conversation and explain that you don't think you are a good fit, and do not look back even if they try to come around.
90% of my clients accept my terms no questions asked and 100% of all clients who showed the above Red Flag turned out to be real fuckers when it came to getting paid.
I can't tell you the lack of hassle I've had with less than honorable clients since coming up with these terms. When you keep them on a short leash, they have less wiggle room to screw you - and they will try to screw you. And no, the screwing is not personal, it's on principal, because often times these guys are small companies with tight budgets and they'd rather withhold payment from you than their hosting company, payroll or other service which will cut them off and report them to Credit Bureaus. So that last invoice form startup-x will usually ALWAYS be late -- just because. Big companies don't have the time for this, have automated accounting and payroll processes in place and small claims amounts of money means nothing to them -- so always go for the bigger company if there's a a choice between startup-x and behemoth-y, unless of course startup-x is super compelling and you'll get more out of it than just a check.
If there's one basic principal engrained on the American psyche it's "Do what Authority says" We've all seen how well Prohibition and the War on Drugs turned out and everyone is always complaining about the inordinate amount of rights the founding fathers have given them and constantly going on and on about how they hope Congress or the State will do something about that. I mean really, how many rights does one need. Personal choice is something not everyone should have a right to have.
So yes, Mayor Bloomberg is absolutely spot on when he says Americans want to be told what to eat and drink. In fact, I don't think it's enough. He should create a Food Safety Administration to audit every household's weekly meal plan, inspect fridges for contraband and give the lady of the house some tactile pleasuring.
I don't know anything about Scalia personally, and this matter has nothing to do with his personal life. This has to do with his ruling, which you pointed out is ALREADY HANDLED BY THE LOWER COURTS at the Court's discretion.
So it is presently entirely possible for someone to accept the EULA and subsequently file a Class Action Claim against Microsoft. The jurist presiding over the matter could side with the plaintiff and allow the Class Action Case to Procede.
In my mind, Scalia ruled fairly. He took into account existing laws and sided with the law, not seeking to set precedent that would tamper with existing law or jurisprudence
As opposed to the infinite "Legal Wisdom" of mbone, I'll take Scalia any day of the week.
FYI: The Supreme Court exists to INTERPRET LAW, not to create it. So unless there is a law on the books that says that you can't put a clause preventing the signatory party from engaging in Class Action suites in a binding agreement, then how can any Court rule that you can't?
If you start letting judges making up laws, what sort of law shall we have? Easy: You get Kangaroo Courts where the laws are made up to fit the ends of the Court.
It would probably be better all round to just have regulators & ombudsmen with real teeth
I have to assume you are unaware that any "regulator" or "ombudsman" is beholden to whatever powers that be that employ them and serve solely at their discretion.
And I'm also assuming you are oblivious to the fact that "regulators" and "ombudsmen" are empowered to do fuck all until such severe damage has been done that the Government MUST get involved or be made the culprit by mens of their continued complacence and non-action.
So it doen't matter what sorts of razor sharp teeth you give a "regulator" or "ombudsman" -- that will do nothing about the fact that people will suffer great harm before the government takes any action at all, and even if the government takes action, if the offending party is in the good graces of the true power, then those razor sharp teeth will be quickly muzzled in favor of a token wrist slap.
Yeah -- let's get the creme de la creme of self proclaimed bad asses leveraging this weeks hot tech. Coming soon: Node.js powered jQuery sites that only work in Webkit -- because IE, Firefox and those "other" browsers aren't cool enough. Wait -- accessibility Standards? Who the Fuck needs those? It works fine on the fucking iPad. Oh the Gimps and Retards? Fuck them.
That next week they'll announce the ability to regenerate an entire body from skin cells in 10 to 20 years, depending on funding of course. Lots and lots of funding -- preferably in the form of grants and endowments.
Why would we need to have the software teach a classroom? Isn't the ability to have teaching software able to deal with individual students better than a single teacher dealing with a class full of students? Why ruin it by saddling it with unnecessary burdens? That's sort of like bashing a nice sports car because it wont do any better than a Honda Civic in a traffic jam.
Post Titles can only be so long, and to be fair, the court room is just another form of soap box, though with possible legal precedent setting outcomes.
Ahh yes, the ardent American Citizen, sitting there able to do nothing while the value of his shitty little Dollar drops year after year, his bankers and his own Government are blatantly and openly lying and stealing from him and doing and end run around his precious Constitutional Rights with Wars on Ideas -- and he clings to his gun saying "I can at least defend myself from them if it gets to that" -- ignoring the fact that his Government has enough weaponry to quickly turn any Popular Revolt with their tiny pea shooters into a grease stain in short order -- and even then, every Congressional session has new talk of attempts to enact laws to outlaw or further restrict ownership of peashooters -- just be on the safe side, it is after all best not to take risks.
What will it take for the Ardent American to use his precious armaments? Government Cameras up his ass? Face it -- you are a slave. Go to school, pass your exams, indenture yourself to a College, get a job, be useful, be productive, consume and create more consumers to replace you.
Your rights, your guns, your "freedom" -- are little more than a novelty meant to humor you. More wars on American Citizens have been enacted in the last 30 years than wars against enemy nations.
Bruce Schneier is NOT a diplomat and has fuck all experience in dealing with international affairs. And what sort of Diplomacy are we supposed to use when "Stern Letter Writing", "UN Inspections" and threats fail? Obama showed quite a bit of creativity and tact in performing an elaborate Cyber-Attack that left our best Security Researchers stumped for months and seems to have worked quite well in derailing their bomb making efforts.
Would Schneier prefer we have gone ahead with Israel's agenda and bombed the suspected weapons making facilities and risked killing people -- even civilians? Or is he just the sort of Freedom Loving Pacifist that would have us dawdling around writing more "Sternly Worded Letters" until Iran finally trotted out a bomb and wiped out an entire city full of people?
Dell doesn't make the parts -- and it's the parts I was talking about. HDDs are made in Thailand and Indonesia, CPUs are made in Ireland and China, Mainboards and RAM are made abroad as well. These components contain heavy metals and require the use of toxic material to produce and as such, the environmental compliance costs, OSHA compliance, insurance fees for facility and workers and the inevitable EPA fines make it cost prohibitive.
So you'd prefer the components to be made here?
Feel like paying $3,000 for that Dell?
Because that's how much it would cost to make a PC if the factories that make the parts were in the US, dealing with US Environmental Regulations, US Taxes and having to pay US Workers who expect to be able to afford a McMansion and Porsche Cayenne for working in any aspect in the Tech Sector and would likely Unionize overnight.
The Days of Made in the USA are long over -- it's all about Globalization. The day Manufacturing returns en mass to the US is the day that they have Rapid Reproduction tech to the point that a car could be made from blocks of raw material and built to spec by a machine then rolled off the assembly line to a waiting self-driving truck waiting to take them to the local dealerships.
I'm so sorry you didn't understand what I was saying. But an MS version of the Enterprise Admin Interface for iOS is what the grandparent was desiring -- but instead asked for a new Mobile OS. And MS will likely roll out such a product for their own devices. If they can't be bothered to -- then that's just tough shit and a sign that RT is bound for failure.
In fact if Windows RT Tablets are unable to access Corporate Domains and services like Exchange out of the box then we can all go home knowing that MS' days are indeed numbered. Because it shows they have forgotten their core market -- the enterprise cube farm.
And perhaps they have -- it seems that over the last decade MS has focused most it's efforts on chasing popular startups with laughable attempts at copying them only to fail miserably. Under Ballmer they've acted like a dumb dog chasing all the other dog's tails.
No -- you want administration tools that you can use to manage an enterprise's corral of tablets and smartphones. Surprisingly, Apple offered this for the iPhone years ago as part of their OS X Server package that allowed for the adding/removing of apps and permissions for all registered devices on the network. Not sure if it still exists in Lion Server -- but it stands to reason it should.
Expecting them to come up with a brand new Tablet OS just for your IT dept needs did give me a chuckle though.
But rest assured, I'm sure they'll rip-off Apple (as usual) and come up with a device administrator for you to play with.
Even Apple? "EVEN"???
Way to out yourself as a rabid Apple hater.
People with any sort of clue who dislike Apple will typically pay reverence to the sheer brilliance of their Marketing. Because those who know what Marketing is are well aware that it's not just memorable meme-generating Ads like their 1984 commercial or "I'm a Mac" -- but playing to and satisfying the needs of the Market. You know -- "The Market", where the word Marketing comes from?
It's Marketing that caused them to create the iPad, which killed the MP3 player market. It's Marketing that gave rise to first the iPhone and then the iPad -- which have been ripped off to hell and back by Google, Samsung and other companies. It's Marketing that gave rise to an "Ultra-thin Ultra-Portable Ultrabook" -- ohh wait -- that's what all the RIP-OFF artists are calling their "brought to you by Intel" wanna be knock-offs of the Macbook Air. It's Marketing that caused them to look at the upsurge of users buying Mac Minis and OS X Server that caused them to create the Mac Mini Server product.
And it's Marketing that caused them to come up with a product that catered to a Target Market of Home Computer Enthusiasts who wanted to putter around with an all-in-one main board and chipset.
You fanboys who come here and spouting your rabid Pro-Linux crap while shitting on Apple show no respect for a company that had a major hand in INVENTING the PC Hobbyist Era and who have contributed significantly to modern computing.
And it's their fucking MARKETING that caused them to come up with their advances and innovations by looking at what people wanted before they knew they wanted it based upon what they were doing with what they had. And it's their marketing to the Consumer that forces them to look at offering the minimum viable product they can to offer to consumers who may not want or may not be able to afford their more high end products such as their Pro series of products.
Conversely, it's their continued demonstration of their lack of ability to cater to the Enterprise Market that caused them to first lose to Microsoft and more recently, to kill off the XServe and likely future kill of the Mac Pro to focus on their core strengths: Consumer Products and Marketplaces.
... more than Earth needs humans and why Microsoft needs PCs more than PCs need Microsoft
and even *gasp* why mammals need air more than air needs mammals
Stay tuned for more insightful and thought provoking statements here on El Slashdotto!
Think about your statement for a second. Now imagine going through a tunnel.
- you encounter the outer edge of the tunnel and can perceive the shift from outside to inside and the faint light of the other end far off
- you then experience the tunnel's environment as you pass through, gradually getting nearer the exit
- you then come to the exit, and can perceive the other side more clearly, yet indirectly from inside the tunnel
- you exit the tunnel and are now fully on the other side and perceiving it directly and able to interact with it
So expect yet another article when Voyager actually passes through the heliosphere and enters intersteller space.
It was only a matter of time that the clued into the fact that they were losing precious profits to after-market RAM and Storage upgrades. Now Apple can be assured that their consumers will be paying FULL APPLE PRICE for RAM and Storage instead of pennies on the Apple Dollar by purchasing at cheap hardware vendors who can't offer the Apple® experience.
Hear Hear! That is exactly what I came in here to say.
Good to see someone else beat me to it.
So much would be better in this world -- especially in regards to Law -- if people stopped looking at electronic media and the Internet as some "different" place where current law does not apply. Popular Culture referring to the WWW as the Wild Wild West and some virtual no man's land helped foster this mind-set. And while the Internet is a new Frontier, it is still a part of every day life, we are still dealing with people and their actions and intellectual output.
The only grey area is when the intellectual output and actions have effects in other nations that have different laws.
And that quite simply should be dictated by the laws of the country of origin.
Why should we be flooding Apple's inbox with requests to put the App back in the AppStore?
By doing so, they expose themselves to legal liability and potential lawsuits.
It seems that if you are angry about this and wanted to see this app back in iTMS, you'd write the software creators and patent claimant urging them to settle their differences fairly and amicably in the interests of the consumer. iTMS will promptly put the app back online when instructed to do so and can be assured they will not be sued for doing so.
If your statement is true, you better start running 'cuz Pauli and Sal are on their way to put a cap in your ass for talking disrespectful like.
Fuck you whiners who take our freedom for granted. The fact that they are willing to DO ANYTHING at all to help people get their data back is exemplary -- BECAUSE THEY DON'T HAVE TO. So fuck you and fuck your self-entitled, idiotic BS. Don't you have a campsite in Oakland to Occupy?
And by the way -- Any sufficiently large and powerful organization can be compared to the Mob.
So every Government HAS ALWAYS acted like the mob. Taxes started off as protection money you gave the local warlord.
The harder Microsoft tries to look cool, the more they look like awkward social retards staring at their feet in the corner of the highschool dance. I'm hard pressed to think of a company with a worse public image -- aside from Haliburton and PG&E, who actually kill people to achieve profit.
I addition any Contractor who agrees to NET 30 payment shouldn't be accepting contracts.
For me it works like this:
You pay 1 weeks rate up front, or 1/3 of the anticipated time if less than a week's estimated work to initiate services
All time is billed HOURLY
The only milestone is project completion
All Invoices are due Net 10.
If they want a "fixed rate" offer them what I call a capped rate which means you add 30% to your most conservative estimate and promise to halt work if that cap is met. This means that you MAKE NO GUARANTEE as to project completion, just that you wont wrk beyond a certain amount of total hours. If the cap needs to be adjusted due to scope change, just amend the cap. This way you are not flying blind and will not suffer due to any unforeseen difficulties.
The upfront deposit is of course waivable. I typically do not ask this of large companies, as the request will usually cause some stir and being that the deposit is there because of lack of trust, it's not necessary against a large company (200 or more people), since they will pay because there are too many processes in place for them not to pay a contractor without good cause.
And from my experience anyone who takes issue with these terms and says "THESE ARE NOT STANDARD BUSINESS TERMS" tell them this:
"Net 30 is based on common contract law that states that 30 days is the MAXIMUM amount of time you legally have to pay a contractor. This has nothing to do with invoices. Also, most companies find it favorable to be able to pay contractors on a regular pay cycle, I can accomodate this is you wish." (meaning you flex to Net 15 or even Net 20) "My invoicing is to insure that I mitigate my risk against harm caused by non-payment and to insure that I can afford all incidental costs associated with performing my work for you -- such as paying rent, buying food and travel expenses to and from your offices for meetings." Also, if they would like you to flex on the payment terms, flex on the deposit amount by increasing it and offer them a couple different payment/deposit schedules and let them pick the one that works for them.
If they still take issue with paying a deposit or with Net payment terms and it's a blocker to landing the deal (I've even had one or two prospects get angry) tell them to piss-off, because believe me, no matter how much you want to help them, if payment terms are a point of contention at the onset it means payment will be a point of contention and when it comes time to collect, and most likely you'll be working about as hard as you did producing the work. It's just not worth it.
Let me reiterate: A prospective client arguing unduly about payment terms and rates is an UNFORGIVABLE RED FLAG. As soon as they enter any sort of argument and make clear that payment/money is an issue -- then politely stop the conversation and explain that you don't think you are a good fit, and do not look back even if they try to come around.
90% of my clients accept my terms no questions asked and 100% of all clients who showed the above Red Flag turned out to be real fuckers when it came to getting paid.
I can't tell you the lack of hassle I've had with less than honorable clients since coming up with these terms. When you keep them on a short leash, they have less wiggle room to screw you - and they will try to screw you. And no, the screwing is not personal, it's on principal, because often times these guys are small companies with tight budgets and they'd rather withhold payment from you than their hosting company, payroll or other service which will cut them off and report them to Credit Bureaus. So that last invoice form startup-x will usually ALWAYS be late -- just because. Big companies don't have the time for this, have automated accounting and payroll processes in place and small claims amounts of money means nothing to them -- so always go for the bigger company if there's a a choice between startup-x and behemoth-y, unless of course startup-x is super compelling and you'll get more out of it than just a check.
The Shroud of Turin may be a fake, but it's hardly poorly made. A poorly made fake doesn't troll people for centuries.
Whatever it is like to be a cockroach, it is almost certainly nothing like what it is like to be a human.
Excuse me, but a Mr. Franz Kafka says he would like to have a word with you.
If there's one basic principal engrained on the American psyche it's "Do what Authority says" We've all seen how well Prohibition and the War on Drugs turned out and everyone is always complaining about the inordinate amount of rights the founding fathers have given them and constantly going on and on about how they hope Congress or the State will do something about that. I mean really, how many rights does one need. Personal choice is something not everyone should have a right to have.
So yes, Mayor Bloomberg is absolutely spot on when he says Americans want to be told what to eat and drink. In fact, I don't think it's enough. He should create a Food Safety Administration to audit every household's weekly meal plan, inspect fridges for contraband and give the lady of the house some tactile pleasuring.
I don't know anything about Scalia personally, and this matter has nothing to do with his personal life. This has to do with his ruling, which you pointed out is ALREADY HANDLED BY THE LOWER COURTS at the Court's discretion.
So it is presently entirely possible for someone to accept the EULA and subsequently file a Class Action Claim against Microsoft. The jurist presiding over the matter could side with the plaintiff and allow the Class Action Case to Procede.
In my mind, Scalia ruled fairly. He took into account existing laws and sided with the law, not seeking to set precedent that would tamper with existing law or jurisprudence
As opposed to the infinite "Legal Wisdom" of mbone, I'll take Scalia any day of the week.
FYI: The Supreme Court exists to INTERPRET LAW, not to create it. So unless there is a law on the books that says that you can't put a clause preventing the signatory party from engaging in Class Action suites in a binding agreement, then how can any Court rule that you can't?
If you start letting judges making up laws, what sort of law shall we have? Easy: You get Kangaroo Courts where the laws are made up to fit the ends of the Court.
It would probably be better all round to just have regulators & ombudsmen with real teeth
I have to assume you are unaware that any "regulator" or "ombudsman" is beholden to whatever powers that be that employ them and serve solely at their discretion.
And I'm also assuming you are oblivious to the fact that "regulators" and "ombudsmen" are empowered to do fuck all until such severe damage has been done that the Government MUST get involved or be made the culprit by mens of their continued complacence and non-action.
So it doen't matter what sorts of razor sharp teeth you give a "regulator" or "ombudsman" -- that will do nothing about the fact that people will suffer great harm before the government takes any action at all, and even if the government takes action, if the offending party is in the good graces of the true power, then those razor sharp teeth will be quickly muzzled in favor of a token wrist slap.
Yeah -- let's get the creme de la creme of self proclaimed bad asses leveraging this weeks hot tech.
Coming soon: Node.js powered jQuery sites that only work in Webkit -- because IE, Firefox and those "other" browsers aren't cool enough. Wait -- accessibility Standards? Who the Fuck needs those? It works fine on the fucking iPad. Oh the Gimps and Retards? Fuck them.
That next week they'll announce the ability to regenerate an entire body from skin cells in 10 to 20 years, depending on funding of course.
Lots and lots of funding -- preferably in the form of grants and endowments.
Why would we need to have the software teach a classroom? Isn't the ability to have teaching software able to deal with individual students better than a single teacher dealing with a class full of students? Why ruin it by saddling it with unnecessary burdens?
That's sort of like bashing a nice sports car because it wont do any better than a Honda Civic in a traffic jam.
Post Titles can only be so long, and to be fair, the court room is just another form of soap box, though with possible legal precedent setting outcomes.
Ahh yes, the ardent American Citizen, sitting there able to do nothing while the value of his shitty little Dollar drops year after year, his bankers and his own Government are blatantly and openly lying and stealing from him and doing and end run around his precious Constitutional Rights with Wars on Ideas -- and he clings to his gun saying "I can at least defend myself from them if it gets to that" -- ignoring the fact that his Government has enough weaponry to quickly turn any Popular Revolt with their tiny pea shooters into a grease stain in short order -- and even then, every Congressional session has new talk of attempts to enact laws to outlaw or further restrict ownership of peashooters -- just be on the safe side, it is after all best not to take risks.
What will it take for the Ardent American to use his precious armaments? Government Cameras up his ass? Face it -- you are a slave. Go to school, pass your exams, indenture yourself to a College, get a job, be useful, be productive, consume and create more consumers to replace you.
Your rights, your guns, your "freedom" -- are little more than a novelty meant to humor you.
More wars on American Citizens have been enacted in the last 30 years than wars against enemy nations.