SCO case hasn't made law, not surprisingly
on
The Year In Tech Law
·
· Score: 4, Informative
Case law gets made when somebody loses their case, it goes up to a court of appeals, and the appellate court either affirms or reverses, issuing an opinion. So it's neither interesting nor surprising that the SCO v Linux case isn't mentioned in the article, that case is still at the trial court level.
1. Involve a patent/IP lawyer from the outset so's you don't get ripped off.
2. I would self-publish and use places like WOTC, etc. only as distribution channels. The principles that apply to self-publishing of books (see "The Self-Publishing Manual") apply more or less equally.
3. There are a number of Indian co's that make boxes, inserts, print cards, etc. But I would use them only in a way that you don't get pirated, e.g. for game pieces or other stuff that disclose the game sufficiently to allow piracy. I would use one or more local printers to do specific items such as cards, boards etc.
4. All the above presupposes you have a good idea that does not infringe some existing product or copyrighted, etc. work.
As an American I'm sorry you feel this way. Please do visit our country, I'm sure you will feel welcomed by nearly everyone. While it's hard to defend some of the stuff our government does, airport security is a necessary evil and you can't avoid it merely by boycotting the US. More to the point, right now Euros are expensive, and US Dollars cheap. Visit America and save 20% on everything!!
The article makes this bill out to be much worse than it is.
You have never met a Prosecutor. They will use this bill to charge people with Burglary for having entered the theater with the Criminal Intent to use their recording device. They prosecute accused shoplifters all the time for Burglary for having entered the store with intent to steal. This is known as overcharging, if they charge enough offenses it increases the cost of defense and renders it more likely that the defendant will plead to or be convicted of at least one offense.
-4. Crewmembers on a manned mission to Mars would necessarily have to eat and drink recycled stuff that you or I would probably not want to eat or drink.
I would love to come into court and testify that Gator loaded itself onto my machine without my consent or clicking on any alleged license. I bet several hundred of you would be waiting in line to testify as well. Truth is an absolute defense to libel.
What, publishing the names of convicted (I hope) DUI offenders will deter them? Fat chance. Whoever thought this one up enjoys the good fortune not to know any alcoholics.
For example, here's a story from today's wires about a 74 year-old who has amassed over 400 DUI arrests:
ANDERSON, Ind. (AP) -- A 74-year-old Anderson man who's been arrested at least 400 times for drunken driving was sentenced Monday to 17 years in prison for his latest drunken driving conviction.
Virldeen Redmon was arrested in July for driving even though his license had been suspended for life.
His latest conviction was on charges of driving while intoxicated, endangering a person and driving while suspended.
Police have been arresting Redmon since 1947, including three times since June. He's had his driver's license suspended for life five times.
In 1996, a judge sentenced Redmon to 9-1/2 years in prison. That sentence was reduced in 2001 and he was released after a doctor testified that Redmon suffers from health problems.
At last Fox has found itself a lawsuit it is guaranteed not to lose, not unlike like the case of a Mr. Lodi who sued himself, lost, and appealed:
The trial court properly struck and dismissed the complaint on its own motion. (Cal. CCP § 436(b).)
In the circumstances, this result cannot be unfair[.] Although it is true that, as plaintiff and appellant, he loses, it is equally true that, as defendant and respondent, he wins! It is hard to imagine a more even handed application of justice. Truly, [Lodi] is that rare litigant who is assured of both victory and defeat regardless of which side triumphs.
We have considered whether defendant should be awarded his costs of suit on appeal, which he could thereafter recover from himself. However, we believe the equities are better served by requiring each party to bear his own costs on appeal.
Lodi v. Lodi, 173 Cal. App. 3d 628, 219 Cal. Rptr. 116 (Cal. App. 1985).
Um, stop talking about "the lawyers" in the abstract and get to know a lawyer or two. Include a lawyer among your circle of friends. Buy a beer for a lawyer. Tell a lawyer that he or she can call you at 4:00 A.M. and you will be happy to support his or her Windows problem du jour. If you can't find a lawyer to befriend find a law student. Hell, date one.
"Knowifi's Casino Marketing Event Manager (cMEM) allows you to track the movement of guests throughout your property. Give your convention or event guest a promotional item with an embedded WiFi tag and find out where they travel on your property and how long they stay in each venue (casino, food & beverage outlets, entertainment, etc.). Now you can have accurate information about whether your promotional events drive customers to the casino.
"Here's how the system works:
"Event attendee information is entered or uploaded from the convention system, event listing, registration system or entertainment system into the cMEM database. Attendee information can be anonymous.
"Event attendees are issued a promotional item (hat, key chain, comp, coupon, etc.) with an embedded WiFi tracking tag.
"Either standalone or as part of an existing WiFi network, access points are positioned cover key zones throughout the property (e.g. casino, buffet, hotel, entertainment, etc.).
"As guests move through the zones, the WiFi access points detect the guest and sends data about their movement to update the cMEM database.
"At the conclusion of the event, the event manager prints out reports that analyze the movement of the guests for that event throughout the property.
"Now property marketing managers can use actual data, instead of pro forma estimates, to determine whether their promotional events are driving casino traffic!"
The quality of courtrooms depends on the quality of the judges (and other public officials) that get appointed. People who would vote for a Bush or a Schwarzenegger don't think about this, and they wind up with Ashcroft, and judges like Rehnquist or Scalia, or any of a hundred Pete Wilson-appointed California judges (Arnold is a front for Pete Wilson's people), and then they bitch and complain when the Lexmarks and State Farms of this world win all the court decisions.
When I worked in rock'n'roll stage lighting, we had a Control Laser blue-green, argon, 3-phase power, 25 GPM water-cooled laser that we used to light cigarettes, etc. with (in addition to lighting arenas). I forget how many watts. I do have a ThinkGeek green pointer, and it is a fabulous reminder of those days, but I miss not having to also carry a lighter.
Sorry if you took it personally, 'cause I didn't mean it personally. Yes, somebody who maliciously reboots my machine deserves to do jail time (not probation or community service). The stuff on my machine (especially my unsaved work) is important and time-critical to me, and maybe to the 10,000 other people who got BSOD'd. It's an invasion of my space and personal dignity. I'm disappointed that Slashdot readers don't get this.
There are 408,800 waking hours in a 70-year life. If somebody causes an hour's lost time to 408,800 people, he has taken a life. If you think virus writers, worm writers, spammers, phishers, people who make porno pop-up ads appear on little-kid sites, don't deserve to do SERIOUS, HARD, ASS-RAPE JAIL TIME then you've lost me. Who cares if they are so-called script kiddies. After all, if somebody shoots somebody else with a gun it's not an excuse that he didn't design and build the gun. Making cyber criminals do hard time (and not be able to work ever again) may not be the complete answer, but I won't lose any sleep over it.
I'd like to see a service where they have a postal address and every piece of snail mail sent to that address goes into a landfill, like a physical/dev/null. Then I would put that address on as many snail-mail spam lists (Columbia House, Heritage Foundation, etc.) as possible. They would 3) profit! selling the paper for recycling.
The typical audience response system involves mere dozens, or a couple of hundred at best, user stations, and for TV live broadcasts or tapings they are typically wired (so as not to interfere with audio or video, esp. wireless mics). Any wireless system of sufficient numerosity to overcome the efficiency of merely using a wired system would be subject to packet collisions and crosstalk (infrared, from studio lighting; RF, to/from various other RF receiving or emitting devices). Real TV shoots burn too much money per minute to incur the risk response-system debugging delays.
Audience response systems (wired, for maybe 10-20 people, max) are used in TV show test-audience previews, e.g. at the Venetian or MGM Grand hotels in Las Vegas where you can earn $10 by previewing the latest NBC or CBS programs, respectively. Tell the nice lady you are between 18 and 49.
(MAD magazine once theorized that new network TV shows are selected according to how many preview-audience members fall asleep on their "I Like" buttons as opposed to the number of testers falling asleep on their "Don't Like" buttons.)
The best known and most widely used audience response system in television is the Applause light where a wired system connected to a single SPST switch illuminates an Applause sign. For some reason, this device, when activated, causes the audience to respond with applause, whether or not the subject matter is praiseworthy or even entertaining (e.g. the appearance of a new washing machine on The Price Is Right).
I miss my ASR33 keyboard. The keys are round and gray and they make a little 'bzzt' sound when you press them. Also, the keytops have a legend which tells you what the Ctrl-key equivalents are (SOH, ETX, X-OFF, etc.) The keyboard comes with a memory feature: Just push a clear plastic button switch, and all your work will be saved on durable, yellow paper tape. The keyboard comes with a convienient "Line-Off-Local" rotary switch so you can avoid those pesky time-sharing connect time charges. Also, push ^G and there is a soothing "ding" sound made by a real bell, no beeps or boops on this baby!
That means I'm a contractor. I work at a federal agency doing IT. The A-76 program is Pres. Bush's plan to 86 the entire civil service and make all federal employees private-sector. The advantages are, you can get hired without a lot of BS, and I consider myself reasonably well paid. The disadvantages are that, unlike a civil service worker, I can be fired without a lot of BS (or any BS), and I don't have a retirement plan.
Also, tomorrow Washington, D.C. is closed for the day, because we are going to get hit by a hurricane. I will have to take a vacation day or two while the Feds (the civil service folk) probably get to take catastrophe leave or telecommute.
My commute is 1/2 hour on reasonably clean and air conditioned Metro trains, although the weather here sucks. My last job was in SoCal where the weather is perfect and you had to drive 3 hours a day on clogged freeways to commute 15 miles.
I was never in the military, and I am fortunate indeed to have one of the 3 or 4 gummint jobs that doesn't require a security clearance. More than 1,000,000 (!) DC area jobs -do- require a clearance just to get in the door to the job interview, and clearances are impossible to get unless you already have one.
The clearance people are said to care a whole lot about numerous categories of completely mindless bullshit, never mind that the spies they manage to catch (e.g. that Hansen dude who betrayed all the FBI secrets) tend to be straight-arrow squares from the Knights of Columbus. It is said that the jobs become more stressful the higher the clearance you have, but how the fsck would I know.
Knowifi's Casino Marketing Event Manager (cMEM) allows you to track the movement of guests throughout your property. Give your convention or event guest a promotional item with an embedded WiFi tag and find out where they travel on your property and how long they stay in each venue (casino, food & beverage outlets, entertainment, etc.). Now you can have accurate information about whether your promotional events drive customers to the casino.
Here's how the system works:
Event attendee information is entered or uploaded from the convention system, event listing, registration system or entertainment system into the cMEM database. Attendee information can be anonymous.
Event attendees are issued a promotional item (hat, key chain, comp, coupon, etc.) with an embedded WiFi tracking tag.
Either standalone or as part of an existing WiFi network, access points are positioned cover key zones throughout the property (e.g. casino, buffet, hotel, entertainment, etc.).
As guests move through the zones, the WiFi access points detect the guest and sends data about their movement to update the cMEM database.
At the conclusion of the event, the event manager prints out reports that analyze the movement of the guests for that event throughout the property.
Now property marketing managers can use actual data, instead of pro forma estimates, to determine whether their promotional events are driving casino traffic!
Case law gets made when somebody loses their case, it goes up to a court of appeals, and the appellate court either affirms or reverses, issuing an opinion. So it's neither interesting nor surprising that the SCO v Linux case isn't mentioned in the article, that case is still at the trial court level.
1. Involve a patent/IP lawyer from the outset so's you don't get ripped off.
2. I would self-publish and use places like WOTC, etc. only as distribution channels. The principles that apply to self-publishing of books (see "The Self-Publishing Manual") apply more or less equally.
3. There are a number of Indian co's that make boxes, inserts, print cards, etc. But I would use them only in a way that you don't get pirated, e.g. for game pieces or other stuff that disclose the game sufficiently to allow piracy. I would use one or more local printers to do specific items such as cards, boards etc.
4. All the above presupposes you have a good idea that does not infringe some existing product or copyrighted, etc. work.
As an American I'm sorry you feel this way. Please do visit our country, I'm sure you will feel welcomed by nearly everyone. While it's hard to defend some of the stuff our government does, airport security is a necessary evil and you can't avoid it merely by boycotting the US. More to the point, right now Euros are expensive, and US Dollars cheap. Visit America and save 20% on everything!!
Some day you are going to want to move. Buy an Anvil or equivalent case on eBay with rack rails pre-installed, and wheels.
The article makes this bill out to be much worse than it is.
You have never met a Prosecutor. They will use this bill to charge people with Burglary for having entered the theater with the Criminal Intent to use their recording device. They prosecute accused shoplifters all the time for Burglary for having entered the store with intent to steal. This is known as overcharging, if they charge enough offenses it increases the cost of defense and renders it more likely that the defendant will plead to or be convicted of at least one offense.
-4. Crewmembers on a manned mission to Mars would necessarily have to eat and drink recycled stuff that you or I would probably not want to eat or drink.
I would love to come into court and testify that Gator loaded itself onto my machine without my consent or clicking on any alleged license. I bet several hundred of you would be waiting in line to testify as well. Truth is an absolute defense to libel.
Now see if you can get the ACLU to stand up for the rights of anybody who isn't black, female, gay, transgendered, or otherwise politically correct.
For example, here's a story from today's wires about a 74 year-old who has amassed over 400 DUI arrests:
I'm amazed nobody mentioned this so far this year. You could get your employees a bobble-head doll with YOUR likeness.
You forgot, "Tampering, disabling or destroying."
Um, stop talking about "the lawyers" in the abstract and get to know a lawyer or two. Include a lawyer among your circle of friends. Buy a beer for a lawyer. Tell a lawyer that he or she can call you at 4:00 A.M. and you will be happy to support his or her Windows problem du jour. If you can't find a lawyer to befriend find a law student. Hell, date one.
(from Knowifi)
"Knowifi's Casino Marketing Event Manager (cMEM) allows you to track the movement of guests throughout your property. Give your convention or event guest a promotional item with an embedded WiFi tag and find out where they travel on your property and how long they stay in each venue (casino, food & beverage outlets, entertainment, etc.). Now you can have accurate information about whether your promotional events drive customers to the casino.
"Here's how the system works:
"Event attendee information is entered or uploaded from the convention system, event listing, registration system or entertainment system into the cMEM database. Attendee information can be anonymous.
"Event attendees are issued a promotional item (hat, key chain, comp, coupon, etc.) with an embedded WiFi tracking tag.
"Either standalone or as part of an existing WiFi network, access points are positioned cover key zones throughout the property (e.g. casino, buffet, hotel, entertainment, etc.).
"As guests move through the zones, the WiFi access points detect the guest and sends data about their movement to update the cMEM database.
"At the conclusion of the event, the event manager prints out reports that analyze the movement of the guests for that event throughout the property.
"Now property marketing managers can use actual data, instead of pro forma estimates, to determine whether their promotional events are driving casino traffic!"
The quality of courtrooms depends on the quality of the judges (and other public officials) that get appointed. People who would vote for a Bush or a Schwarzenegger don't think about this, and they wind up with Ashcroft, and judges like Rehnquist or Scalia, or any of a hundred Pete Wilson-appointed California judges (Arnold is a front for Pete Wilson's people), and then they bitch and complain when the Lexmarks and State Farms of this world win all the court decisions.
When I worked in rock'n'roll stage lighting, we had a Control Laser blue-green, argon, 3-phase power, 25 GPM water-cooled laser that we used to light cigarettes, etc. with (in addition to lighting arenas). I forget how many watts. I do have a ThinkGeek green pointer, and it is a fabulous reminder of those days, but I miss not having to also carry a lighter.
Sorry if you took it personally, 'cause I didn't mean it personally. Yes, somebody who maliciously reboots my machine deserves to do jail time (not probation or community service). The stuff on my machine (especially my unsaved work) is important and time-critical to me, and maybe to the 10,000 other people who got BSOD'd. It's an invasion of my space and personal dignity. I'm disappointed that Slashdot readers don't get this.
There are 408,800 waking hours in a 70-year life. If somebody causes an hour's lost time to 408,800 people, he has taken a life. If you think virus writers, worm writers, spammers, phishers, people who make porno pop-up ads appear on little-kid sites, don't deserve to do SERIOUS, HARD, ASS-RAPE JAIL TIME then you've lost me. Who cares if they are so-called script kiddies. After all, if somebody shoots somebody else with a gun it's not an excuse that he didn't design and build the gun. Making cyber criminals do hard time (and not be able to work ever again) may not be the complete answer, but I won't lose any sleep over it.
I'd like to see a service where they have a postal address and every piece of snail mail sent to that address goes into a landfill, like a physical /dev/null. Then I would put that address on as many snail-mail spam lists (Columbia House, Heritage Foundation, etc.) as possible. They would 3) profit! selling the paper for recycling.
The typical audience response system involves mere dozens, or a couple of hundred at best, user stations, and for TV live broadcasts or tapings they are typically wired (so as not to interfere with audio or video, esp. wireless mics). Any wireless system of sufficient numerosity to overcome the efficiency of merely using a wired system would be subject to packet collisions and crosstalk (infrared, from studio lighting; RF, to/from various other RF receiving or emitting devices). Real TV shoots burn too much money per minute to incur the risk response-system debugging delays.
Audience response systems (wired, for maybe 10-20 people, max) are used in TV show test-audience previews, e.g. at the Venetian or MGM Grand hotels in Las Vegas where you can earn $10 by previewing the latest NBC or CBS programs, respectively. Tell the nice lady you are between 18 and 49.
(MAD magazine once theorized that new network TV shows are selected according to how many preview-audience members fall asleep on their "I Like" buttons as opposed to the number of testers falling asleep on their "Don't Like" buttons.)
The best known and most widely used audience response system in television is the Applause light where a wired system connected to a single SPST switch illuminates an Applause sign. For some reason, this device, when activated, causes the audience to respond with applause, whether or not the subject matter is praiseworthy or even entertaining (e.g. the appearance of a new washing machine on The Price Is Right).
"If the elevator gets stuck, do not become alarmed. There is little danger of the elevator running out of air. Then again...."
I miss my ASR33 keyboard. The keys are round and gray and they make a little 'bzzt' sound when you press them. Also, the keytops have a legend which tells you what the Ctrl-key equivalents are (SOH, ETX, X-OFF, etc.) The keyboard comes with a memory feature: Just push a clear plastic button switch, and all your work will be saved on durable, yellow paper tape. The keyboard comes with a convienient "Line-Off-Local" rotary switch so you can avoid those pesky time-sharing connect time charges. Also, push ^G and there is a soothing "ding" sound made by a real bell, no beeps or boops on this baby!
That means I'm a contractor. I work at a federal agency doing IT. The A-76 program is Pres. Bush's plan to 86 the entire civil service and make all federal employees private-sector. The advantages are, you can get hired without a lot of BS, and I consider myself reasonably well paid. The disadvantages are that, unlike a civil service worker, I can be fired without a lot of BS (or any BS), and I don't have a retirement plan.
Also, tomorrow Washington, D.C. is closed for the day, because we are going to get hit by a hurricane. I will have to take a vacation day or two while the Feds (the civil service folk) probably get to take catastrophe leave or telecommute.
My commute is 1/2 hour on reasonably clean and air conditioned Metro trains, although the weather here sucks. My last job was in SoCal where the weather is perfect and you had to drive 3 hours a day on clogged freeways to commute 15 miles.
I was never in the military, and I am fortunate indeed to have one of the 3 or 4 gummint jobs that doesn't require a security clearance. More than 1,000,000 (!) DC area jobs -do- require a clearance just to get in the door to the job interview, and clearances are impossible to get unless you already have one.
The clearance people are said to care a whole lot about numerous categories of completely mindless bullshit, never mind that the spies they manage to catch (e.g. that Hansen dude who betrayed all the FBI secrets) tend to be straight-arrow squares from the Knights of Columbus. It is said that the jobs become more stressful the higher the clearance you have, but how the fsck would I know.
What is the best college to go to to get relief from 18 years of being abused as a child?
Knowifi's Casino Marketing Event Manager (cMEM) allows you to track the movement of guests throughout your property. Give your convention or event guest a promotional item with an embedded WiFi tag and find out where they travel on your property and how long they stay in each venue (casino, food & beverage outlets, entertainment, etc.). Now you can have accurate information about whether your promotional events drive customers to the casino.
Here's how the system works:
Event attendee information is entered or uploaded from the convention system, event listing, registration system or entertainment system into the cMEM database. Attendee information can be anonymous.
Event attendees are issued a promotional item (hat, key chain, comp, coupon, etc.) with an embedded WiFi tracking tag.
Either standalone or as part of an existing WiFi network, access points are positioned cover key zones throughout the property (e.g. casino, buffet, hotel, entertainment, etc.).
As guests move through the zones, the WiFi access points detect the guest and sends data about their movement to update the cMEM database.
At the conclusion of the event, the event manager prints out reports that analyze the movement of the guests for that event throughout the property.
Now property marketing managers can use actual data, instead of pro forma estimates, to determine whether their promotional events are driving casino traffic!