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User: Facekhan

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  1. Re:Can you sue? on Computerized Time Clocks Susceptible to 'Manager Attack' · · Score: 1

    I am fairly sure that in a lot of situations when your employer fails to pay you or otherwise violates your rights you can actually recover triple damages plus interest and attorneys fees. This was an extremely widespread problem in the early 20th century when most US labor law policies were first being developed so it was one of the things that was taken very seriously.

  2. Regulation costs money BSA has money so its easy on Tech Companies Ask U.S. to Regulate Cyber Security · · Score: 2

    Regulations cost money and create hurdles. If they succeed in getting laws that require software to be certified as secure by some mixed public-private authority (read BSA, some universities, and the nsa) then free software will just have a complex process to go through before it can be used in government and perhaps even before it can be distributed. Whatever the claims of Microsoft and the BSA their ultimate goal is not security but to prevent the commoditization of software which is going to destroy their business model. Big companies are already warming up to the idea that money should be spent on hardware and support, not on overpriced proprietary software that is not any better than whay they can get for free.

  3. Please don't. on People with real l337 speak names? · · Score: 1

    If you have to give them a weird middle name but seriously its a kid not a psychology experiment.

  4. I had a professor that did that on Fighting the Forced Ranking of Employees? · · Score: 1

    My professor in multimedia (bullshit class I was overqualified for) told us that Hofstra University actually requires that some bad grades be given. Now this was a class of 8 people who with only one exception really did their shit in the class to get a good grade and get into the real stuff. She told us that if she gave us all A's as we deserved she would actually have to defend her grade practices to a commitee and since she was a part timer they would probably fuck her over if she did not document why the A's came out. She said that she pretty much had to give someone a C and whoever was unlucky enough to be in the B zone when everyone else was in the A zone was gonna get a C instead of B.

  5. Re:It's NOT STEALING. And it never will be. on Australian Record Industry Has Best Year Ever · · Score: 1

    The story appeared in Randy Cassingnam's True Stella Awards a while back and was updated in a recent issue.

    13 Bars were sued by the Cubs and 10 settled, agreeeing to pay the Cubs 15-20 dollars for patrons that go up on their roofs. Just goes to show how much a lawsuit can cost. This will net the Cubs over 1 million a year for doing nothing except infringing on the property rights of the bar owners.

  6. Re:Making hay out of straw-men on The Web Won't Topple Tyranny · · Score: 1

    I don't think it is the same thing as Stockholm Syndrome. It is just manipulating the journalists to percieve the troops favorably by making the journalist more of a soldier and therefore percieve the soldiers as their peer group whose viewpoint will be favored over others. It also serves as a way to punish journalists who write unfavorable reports by "unembedding" them, keeping them out of combat zones, and forcing them to work harder for their stories which will be based on less first hand information than if they were embedded. Its a brilliant system. The neo-cons are almost as crafty as the communists in being able to craft a worldview that has almost nothing to do with reality and popularize it simply by crafting small lies and half truths and releasing them at precise times which keeps most people who can't tell the difference from seeing whats reall going on.

  7. Re:It's NOT STEALING. And it never will be. on Australian Record Industry Has Best Year Ever · · Score: 5, Interesting

    This is a similar analogy to how some bars in the area around Wrigley field were charging patrons to watch the ball game from their roofs where they could see it. The MLB/Cubs sued them claiming that they were somehow stealing baseball from them. In the end the bars were forced (mainly by the expected cost of the litigation) to settle and pay some kind of licensing fees to the MLB/Cubs. I don't think this analogy applies to music but it definitely shows the extent that entertainment companies have turned "intellectual property" into something almost indistringuishable from real property in terms of end result of all these laws and the cost of defending against frivolous actions by entertainment giants/monopolies like the RIAA and MLB.

  8. Re:Pah game reviewers are a joke anyway on On Champions Of Norrath, Forgiving Game Reviewers? · · Score: 1

    Not only that but they are under some various pressures to review games positively. If a reviewer, website, or magazine writes a lot of negative about big budget games then those companies won't send the games to be reviewed anymore which will leave that reviewer behind the "official" reviews and damage that magaizine's/site's business.

    Secondly, initial reviews and previews are often written in the aftermath of nice little release parties and reviewer sneak peaks complete with great food and booth babes. Its hard to come out of it with a bad impression.

    Word of mouth is the best review generaly. Most of the big game review sites/mags, like gamespy are just being paid to say nice things about those games for the most part. They have no journalistic credibility at all. Gamespy especially has way too many other business interests related to good relations with game publishers to trust their reviews.

  9. They only think in terms of movies on Creativity, a Problem for the Gaming Industry? · · Score: 1

    This is one area where PC games and some console genre's differ from movies. In movies it is big budgets and big names sell games. PC gamers generally reward superior experiences and innovation over high budgets and marketing. That is starting to change a bit for the worse though since gaming has gone more mainstream.

  10. Re:Making hay out of straw-men on The Web Won't Topple Tyranny · · Score: 1

    Actually the reasoning behind "embedded" journalists was that if they were kept with the same unit and lived like they do for a period of time they would empathize with the troops since they were living the same life. It was a brilliant tactic to keep war stories favorable to the administration. Never mind the fact that thousands of Iraqi civilians died in the war we needed to liberate them.

  11. Re:Offhand I would say... on CPA Googles For His Name, Sues Google For Libel · · Score: 1

    Actually he might not be able to drag you to another state. The court has to have jurisdiction over you. A guy can't sue you in California when you live and work in NY just to make your life harder. In the case of an individual person you pretty much have to live, work, reside, be in the state, or own property in the state to be under its jurisdiction. With the exception of the latter they will probably have to prove you are in the state by serving you in the state. If your website is hosted in that state, then maybe they can get you but I don't think they can get you just because your site can be seen anywhere.

  12. A waste of money but not absolutely on 100-Year Domain Renewals? · · Score: 1

    Domain names as they stand now will just not be there in 100 years. Technology advances too fast. If I were a big company I would want to register my domain for maybe 20 years in advance. The cost is minimal if you go with a low cost high quality registrar like godaddy. As long as the registration is actually made for 10 years and not just renewed every few years by the company. It actually needs to be your for ten years regardless of whether the registrar goes under.

    As for 100 years being too far ahead, in the US big companies generally plan 10-25 years ahead however Japanese companies often have 100 year plans. Its not that uncommon.

    On a side note, I want a computer case with all the fans on the side closest to my feet so I can use it as a foot warmer.

  13. Re:Offhand I would say... on CPA Googles For His Name, Sues Google For Libel · · Score: 3, Informative
    Libel cases almost cannot be won in the United States. The burden of proof is extremely high.

    check out: http://www.ldrc.com/LDRC_Info/libelfaqs.html#What% 20is%20Libel?


    In order for the person about whom a statement is made to recover for libel, the false statement must be defamatory, meaning that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive.

    The statement(s) alleged to be defamatory must have been published to at least one other person (other than the subject of the statement) and must be "of and concerning" the plaintiff. That is, those hearing or reading the statement must identify it specifically with the plaintiff.

    The statement(s) alleged to be defamatory must also be a false statement of fact. Since name-calling, hyperbole, or exaggerated and heated words cannot be proven true or false, they cannot be the subject of a libel or slander claim.

    The defamatory statement must also have been made with fault. The extent of the fault depends primarily on the status of the plaintiff. Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement. In general, in most jurisdictions private individuals must show only that the defendant was negligent, that he failed to act with due care in the situation.

    A defamation claim will likely fail if any of these elements are not met.

    While on many of these issues the burden of proof is on the plaintiff, the primary defenses to a defamation claim are that the statements are true, are not statements of fact, or are privileged. Some defamatory statements may be protected by privilege, meaning that in certain circumstances the interest in communicating a statement outweighs the interest in protecting reputation. For example, most, if not all, jurisdictions recognize a privilege for fair reports of government and judicial proceedings, and for reports of misconduct to the proper authorities or to those who share a common interest (such as within a family or an association). Privileges do vary somewhat from state to state in their scope and requirements. They often apply to non-media defendants to the same degree as to media defendants.

  14. Wieros? on 2004's Science Talent Search Winners Are In · · Score: -1, Offtopic

    Weirdos? Me

    First post

  15. Re:eBay AND PayPal sucks ... on eBay Fraud Vigilantes · · Score: 2, Interesting

    I have not had any real problems with paypal but I recognize the risk. Anything over 50 dollars I pay with a credit card on paypal not my bank accounts. I would prefer to do it the other way and save the merchant the fee but there is just no other way to be safe because paypal does not handle disputes appropriately.

    And I no longer keep any money in my paypal account because of that whole barely legal freezing thing they do when they get pissed off at you for making them work.

    I am fairly sure that any unauthorized bank transfer that Paypal tried to initiate (to try and get back at you for a CC chargeback)would be extremely illegal and would likely end their relationship with that bank. Paypal has to walk a fine line because all it would take is a couple large banks to decide they are no longer trustworthy to perform wire transfers and/or CC transactions with and paypal is through.

  16. Re:Better start practicing on NASA Develops Tech To Hear Words Not Yet Spoken · · Score: 1

    funny they sang that in Babylon 5 too.

  17. Re:Woah I live like 5 minutes away on Take Part In The Internet Commons Congress, Mar. 24-25 · · Score: 1

    And I hate to nitpick but its not in Shady Grove, Maryland as there is no such place. Its actually in Rockville, MD on the border with Gaithersburg and Potomac.

  18. Woah I live like 5 minutes away on Take Part In The Internet Commons Congress, Mar. 24-25 · · Score: 2, Informative

    Finally something cool happening at Shady Grove.
    We should have a geek get together. I have lived 5 minutes away for most of my life and not one thing has ever happened there cause its just a small satelite campus with a handful of majors.

    Easy directions: points North West I70 to I270, get off at Shady Grove heading South and continue 3 miles till you see a sign for the campus after crossing Darnestown Rd.

    points South, North-East, I95 to I495 to I270 get off at Shady Grove heading South and continue 3 miles till you see a sign for the campus after crossing Darnestown Rd.

  19. Better start practicing on NASA Develops Tech To Hear Words Not Yet Spoken · · Score: 3, Interesting

    Better start practicing singing a song in your head to block out the thought police. "Mary had a little lamb, little lamb, little lamb, Mary had a little lamb its fleece was white as snow..."

  20. Re:Equal Opportunity! on U.S. Plans Targeted Draft for Computer Personnel · · Score: 1

    Women are drafted in Israel but they need every warm body they can get. I think they are drafted for a shorter period though.

    Women won't be drafted because it would be political suicide to have women coming back in body bags in an undeclared war that half or more of the country disagrees with.

    As for the issues of rape, I think there is a lot more to worry about with rape by our own troops than by the enemy. Islamic thinking on rape is pretty strict. Lynch was almost definitely not raped or beaten by her captors, that was just a story that was told to the media to give them something to go on. And I might add that if she weren't a little white girl from Lynchburg no one would give a shit because several black women were captured in Iraq and no one gave two shits about them. They don't have any ghostwritten books out or movie deals. You can't very well make a movie about being treated nicely by the hated enemy can you?

  21. Some real stats to consider on 'They Can Sue, But They Can't Hide' · · Score: 2, Interesting

    I just looked up the hospital my father works at. Its a non-profit suburban hospital in one of the wealthiest areas of the country. It has a 5 star rating for Obstetrics and has a Neonatal Intensive Care Unit which among other things requires an OBGYN to be on the premises 24/7/365. The complication rate for Obstetrics at this relative jem of a hospital is still 10% and that means that there are literally over 1300 events that do not go as well as hoped in that one specialty in that one hospital. And the premiums keep going up. Granted part of the reason that the complication rate is that high is because so many high-risk pregancies go there because of the resources avaialable.

    http://www.healthgrades.com/public/index.cfm?fus ea ction=mod&modtype=HRC&modact=HRC_profile&HGID=HGST BD757767210057

  22. Defense costs, settlements, sheer volume of suits. on 'They Can Sue, But They Can't Hide' · · Score: 1

    You mention the BAR but lets face it lawyers have it easy. Lawyers are just as loathe to punish other lawyers as doctors are, even more so. How many lawyers actually get disbarred? How many get sued for malpractice? When a lawyer loses a case, he loses a case and possibly loses the client to someone else. When a doctor loses a case he has a good chance of being sued for malpractice. If lawyers had to be as perfectly successful as doctors then insurance for lawyers would be skyrocketing out of control too. Doctors dont get decertified because of malpractice cases because if your doctor has never been sued then he probably has not been practicing very long. An OBGYN is lucky if he goes 5 years without his insurance company having to pay out a settlement or a sizeable verdict cause he gets a 15% break on his premiums. Not many doctors in high risk specialties get such a clean record.

    Aah but the stats don't tell the whole story. For one thing medical malpractice is too broadly defined. It is not an exact science, there is an element of risk, chance etc. Even in science nothing is ever absolutely for certain. Sometimes things go badly, 99.99999999999% of the time, the doctors involved did their best. My father has been sued successfully by patients and the vast majority of his patients adore him. I can hardly walk down the street without running into someone who recognizes me as his son and tells me how good he is. But he has been sued all the same. Some people are just complainers and they always want to blame someone else and get some easy money.

    A good example is how one woman sued him because she lost a pregnancy because she was diabetic and did not take care of herself. She was a nurse, a medical professional, who literally refused to stop smoking and drinking and control her diabetes and she still won. Why? Because juries and judges are not medical professionals, they don't understand these cases, all they understand is that someone got hurt and they need money to pay their bills and stuff and the doctor has this big insurance company behind him that can hand out a million dollars like its toilet paper. So they side with the plaintiff out of sympathy. And punitive damages are very uncommon in malpractice but it does not matter cause the economic damages alone are often a million dollars because the cost of lifetime care for a person who was injured permanently is so high.

  23. Re:This is what they want you to think on 'They Can Sue, But They Can't Hide' · · Score: 1

    Well most evidence is indicating that all the tort reform in the world won't stop skyrocketing malpractice insurance premiums because they are based mostly on the profit motives of the insurance companies and the sheer volume of lawsuits not the occasional big jury verdict.

    Most doctors have only 1-10 million in insurance coverage. Not 500 million. For 2 million dollars of coverage the premiums are as much as $300,000 a year depending on what state you live in and your specialty. Low risk specialties have very low rates, 10-30k per year for a million dollars or more. OBGYNS pay out anywhere from 75k-150k and often they are required to pay a "tail" equal to at least a year and often two or three years of premiums to cover potential future claims if they retire before a certain period of time since buying the policy often 5-10 years.

    Insurance premiums are rising mainly due to reduced returns of insurance company investments but the ever increasing size of the occasional jury verdict are a big factor as well and the sheer volume of suits has gone up so much in the last 25 years. It often costs as much to defend a small claim of 10-25k than it does to just settle it and pay it even if it is frivolous.

    One interesting thing of note that stands in the way of most efforts at state tort reform and limiting awards and such is that most state legislators are lawyers. In Maryland it is every single one. And on doctors protest day last month they were greeted with such witty remarks as "what malpractice crisis, its just too many bad doctors." by one state legislator.

  24. Re:Sounds like an insurance company line on 'They Can Sue, But They Can't Hide' · · Score: 1

    In many states, before a malpractice lawsuit is filed the plaintiff must have a statement from another doctor that the lawsuit has merit.

    This is true, the problem is that any doctor even one who no longer practices or relys on such reviews for his entire income can certify a case. Doctors want to change the law so that a practicing doctor in the same field or specialty has to certify the case.

    Malpractice insurance premiums for some specialties especially OBGYN are so high that in some states including Florida the doctors go bare.And then when mistakes get made the patients can't get a dime because the doctor has no insurance to pay out and no assets kept in his own name. Insurance premiums in Maryland where my father practices rise 15-20% a year, now at around 90 thousand dollars a year for just 1-2 million dollars of coverage.

  25. Eb is just like that on EB Demands Payment From Victim of Theft · · Score: 1, Interesting

    I remember when I stoppped shopping at EB forever. I was tired of being asked for id to buy a videogame and was more than happy to get a better price at Babbages on the other side of the mall.

    EB employees tend to be rude. They have a refund policy that they routinely violate. The management are even more rude and the stores generally suck.

    BOYCOTT ELECTRONIC BOUTIQUE CAUSE THEY SUCK