You're unlikely to get more binding precedent if you continue the lawsuit, though. ,
To continue the lawsuit, you have to have some confidence that the lawsuit is not going to be held moot now that the law (albeit ephemeral law) has changed.
Now, if the Justice Department changes it back later, they have 2 problems:
1. The last federal judge to consider the issue said it was likely the Justice Department were going to lose. (That's what it takes to get a preliminary injunction, which is what apparently jump-started this policy change.)
2. If Justice changes the policy again, the plaintiff will be able to make a 'recurring but evading review' argument.
As someone who was briefly an art major, drawing is largely a matter of practice and having the proper foundation (which is gained by practice). Classes increase the rate that practice helps. If you practice, art education teachers have already figured out how to help you improve. What you see in high school art classes is the division between people who care and people who don't. People who don't care don't practice and consequently don't have the foundation to practice further.
Because there's no future in art, in college the only people who take art classes are the ones who care and who have the proper foundation, so (allowing for the typical small class size) there is a much more normal distribution in skill.
I'm sorry, but you lost me at, "If Hollywood has taught me anything about the Judiciary system,"
Because if Hollywood has taught me anything about the judicial system, it's that attorneys in criminal courts are people who are better looking than people you meet in real life, crime scene videos are infinitely zoomable so you can see the killer's microscopic tattoos, that judges like you to give a mini-criminal procedure lecture every time you make an objection, and that juries are actually impressed by grandstanding.
IANAL, but I work for a defense lawyer who handles expungements.
The whole point about expungement is that the court thinks you were guilty but is letting you off anyway because you've filled certain statutory criteria.
The most usual criterion (other than turning 18) is the passage of time.
This isn't justice delayed. The delay is the whole point. The court still thinks he's guilty but is letting him off anyway.
This means he can stop fighting REGARDLESS on whether or not the justice system thinks he was guilty.
From their comments, a lot of people think that expungement is vindication. It's not.
After a certain time passes many crimes can be expunged if you apply to do so. Requirements and eligibility vary from state to state, but essentially you're saying, "I've been a good boy, so let me out of the corner." It's not the court saying you weren't guilty. It's the court saying they won't hold it against you any more.
What expungement is: The removal of a discipline from a person's disciplinary record so that it is as though the discipline was never imposed. Link.
An order of the Court to seal the record of certain convictions if statutory criteria are met. The defendant must initiate the process by filing a petition through the Probation department. Link.
Official and formal erasure of a record or partial contents of a record. Link.
What a pardon is:
Action by an official of an executive branch of government relieving a criminal from a conviction. Link.
So yes, it's different from a pardon, but it's not just sealing the record, it's official forgiveness.
2 - Telling someone how to break the law is not an illegal act.
Um, yes, it can be. There are limitations on first amendment rights. See Chaplinsky v. New Hampshire (words causing immediate breach of peace illegal), for instance.
3 - Even if you send them the file sharing program, you did not commit the act.
Sounding like a broken record, I know, but this could be aiding and abetting (see above for definition).
4 - If you complain to the police that someone stole your paper bag of money containing $50,000 dollars that you left on some street corner, they will laugh at you and tell you that you are stupid.
Oh, brilliant . You know what the equivalent of locking up movie files is, right? You just made the argument for DRM.
5 - Theft of copyright is not possible, the premise is theft of 'presumed' revenues. There is no proof that any 'illegal' activity caused known damage to revenues in a quantitative way.
Declaring you have no choice is self-defeating and inaccurate.
I was picked on a lot. Grades 6-9 were awful. However, people can choose how to react to outside stimuli. I realised that reacting blindly wouldn't get me anywhere.
(I realised this, ironicly enough, after I dunked myself falling in a pond in front of the entire eighth grade class on a field trip.)
People can ridicule you, steal your stuff and humiliate you publicly, but it doesn't cause temporary insanity (or EED, which was what you discribed:) ).
In my case, I learned to shrug things off and started judo. After a couple years, people realised I wasn't fun to pick on.
Free will is having a choice. You have a choice, and you can change the situation. If you think otherwise the choice won't be apparent, but that doesn't make it less real.
Actually, Photoshop on Mac uses a SDI, similar to GIMPs, unlike the MDI it uses in Windows.
The difference? Photoshop automatically checks to make sure graphics windows aren't covered by your pallette setup. (Illustrator, on the other hand, always creates documents under your pallettes, like GIMP).
1. Standard/. conspiracy theory that government is in M$'s pocket (see responses above).
2. Microsoft's promise to sue the people responsable into oblivion. (Admittedly, the 'into oblivion' is implied rather than explicit.) This means that MICROSOFT PAYS FOR THE LITIGATION. The FCC gets Microsoft's honed attack lawyers for free.
Microsoft has opted to do something where the FCC gets credit and Microsoft pays most the costs (litigation is expensive, especially when the people you're suing probably don't have money to pay the judgements). Why would the FCC choose them? It's a conspiracy, I tell you.
Sorry, I'm a law student*, so I tend to believe in the glory and pragmatism of having someone else paying legal fees.:)
*If I were an actual lawyer, this message would be three times as long and contain the same information. I'm working on it.
Yes, it's not all they're making it out to be. The poster read the teaser instead of the article, not that we're surprised:)
QuickTransit fully supports accelerated 3-D graphics and about 80 percent computational performance on the main processor.
and
Analyst Rob Enderle of the Enderle Group said Transitive benefits from the fact that most modern machines are fast enough to emulate each other without much affecting performance.
"Typically with emulation you take a big performance hit," he said. "Their big breakthrough is they are much more efficient... but there's so much overhead anyway, you can pretty much put any software on any platform. The power user might notice the difference, but the other 95 percent won't notice."
so yes, it does affect performance. You take a 20% hit. The "almost no performance hit" means, in this context, "computers are fast enough that no one will notice unless they're doing something crazy like video editing. Go back to surfing slashdot."
I downloaded it, and though I'm still clueless, the interface does seem a lot better than when I tried it ~6 mos. back.
My only complaint is that it still has the "subdivisions of one big window" interface that reeks for multi-monitor setups. I wish you could split the palette window from the view windows.
Of course, that might be one reason the download is only 2.9 megs for a mac:). That's incredible.
And if it didn't have any side effects, there wouldn't be any problems with shooting yourself in the head.
These things all have side effects. The drugs all have side effects. Even blood doping (increasing your red blood cell count to improve stamina) will kill you occasionally (stroke). Genetic doping will carry the same risks. Look at that kid who died undergoing Gene therapy.
Mac default PDFs are bigger because their graphics aren't compressed. I read leaving the feature out was a favor to Adobe (to give Acrobat on Mac a raison d'etre).
The next logical step would be to combine Photoshop and Illustrator.
Right on. There's no reason to approach vector and raster art through different programs. Jumping is innefficient and kludgy and leads to a "when my only tool is a hammer, everything looks like a nail" approach instead of using both tools for what they do best.
(Adobe seems to realize that things need to be further integrated. That's why they have the stupid 'CS' tacked on to the end of program names.)
The only reason I see that Adobe sells the two seperately is that they'd lose revenue combining them.
I know it's builled a review, but the language is more that of cheerleading or PR, with phrases like
the latest mobile imaging features in a futuristic exterior.
Taking Nokia design to a new level
Enhancing the exclusive design of the Nokia 7600,
The Nokia 7600 phone opens a new door to the world of multimedia communications.
Even at the student newspaper I worked at phrases like that would get the reviewer hauled out and shot (metaphorically speaking).
// begin cynicism
Of course, this from a company that hired models to pose as tourists and ask people to take their picture when the company introduced a camera phone.
Who's surprised they have a few tame news outlets?//end cynicism
Slashdot Mirror
Now, if the Justice Department changes it back later, they have 2 problems:
1. The last federal judge to consider the issue said it was likely the Justice Department were going to lose. (That's what it takes to get a preliminary injunction, which is what apparently jump-started this policy change.)
2. If Justice changes the policy again, the plaintiff will be able to make a 'recurring but evading review' argument.
(This is not legal advice.)
As someone who was briefly an art major, drawing is largely a matter of practice and having the proper foundation (which is gained by practice). Classes increase the rate that practice helps. If you practice, art education teachers have already figured out how to help you improve. What you see in high school art classes is the division between people who care and people who don't. People who don't care don't practice and consequently don't have the foundation to practice further. Because there's no future in art, in college the only people who take art classes are the ones who care and who have the proper foundation, so (allowing for the typical small class size) there is a much more normal distribution in skill.
I'm sorry, but you lost me at, "If Hollywood has taught me anything about the Judiciary system," Because if Hollywood has taught me anything about the judicial system, it's that attorneys in criminal courts are people who are better looking than people you meet in real life, crime scene videos are infinitely zoomable so you can see the killer's microscopic tattoos, that judges like you to give a mini-criminal procedure lecture every time you make an objection, and that juries are actually impressed by grandstanding.
IANAL, but I work for a defense lawyer who handles expungements.
The whole point about expungement is that the court thinks you were guilty but is letting you off anyway because you've filled certain statutory criteria.
The most usual criterion (other than turning 18) is the passage of time.
This isn't justice delayed. The delay is the whole point. The court still thinks he's guilty but is letting him off anyway.
This means he can stop fighting REGARDLESS on whether or not the justice system thinks he was guilty.
From their comments, a lot of people think that expungement is vindication. It's not.
After a certain time passes many crimes can be expunged if you apply to do so. Requirements and eligibility vary from state to state, but essentially you're saying, "I've been a good boy, so let me out of the corner." It's not the court saying you weren't guilty. It's the court saying they won't hold it against you any more.
What expungement is:
The removal of a discipline from a person's disciplinary record so that it is as though the discipline was never imposed. Link.
An order of the Court to seal the record of certain convictions if statutory criteria are met. The defendant must initiate the process by filing a petition through the Probation department. Link.
Official and formal erasure of a record or partial contents of a record. Link.
What a pardon is:
Action by an official of an executive branch of government relieving a criminal from a conviction. Link.
So yes, it's different from a pardon, but it's not just sealing the record, it's official forgiveness.
It becomes schlock!
OK, that being on topic kind of scared me.
Cough. Accomplice? Aiding and abetting? Cough.
Um, yes, it can be. There are limitations on first amendment rights. See Chaplinsky v. New Hampshire (words causing immediate breach of peace illegal), for instance.
Sounding like a broken record, I know, but this could be aiding and abetting (see above for definition).
Oh, brilliant . You know what the equivalent of locking up movie files is, right? You just made the argument for DRM.
Looking at the news article tells you he's charged with Criminal copyright infringement and conspiracy , not theft.
The rest of the list has similar flaws, but my patience is at an end.
It's not _quite_ that simple.
See UCC (Uniform Commercial Code) 2-204, 2-205, 2-206 (Formation of contracts, firm offers, and offer and acceptance in general)
Amazon probably isn't justified under this, but the caveats do bear mentioning.
The preceding is not legal advice, those aren't official copies of the law, and IANAL.
Declaring you have no choice is self-defeating and inaccurate.
:) ).
I was picked on a lot. Grades 6-9 were awful. However, people can choose how to react to outside stimuli. I realised that reacting blindly wouldn't get me anywhere.
(I realised this, ironicly enough, after I dunked myself falling in a pond in front of the entire eighth grade class on a field trip.)
People can ridicule you, steal your stuff and humiliate you publicly, but it doesn't cause temporary insanity (or EED, which was what you discribed
In my case, I learned to shrug things off and started judo. After a couple years, people realised I wasn't fun to pick on.
Free will is having a choice. You have a choice, and you can change the situation. If you think otherwise the choice won't be apparent, but that doesn't make it less real.
Actually, Photoshop on Mac uses a SDI, similar to GIMPs, unlike the MDI it uses in Windows.
The difference? Photoshop automatically checks to make sure graphics windows aren't covered by your pallette setup. (Illustrator, on the other hand, always creates documents under your pallettes, like GIMP).
(I use Photoshop in Windows and Mac.)
Looks like someone thinks he's too cool to play barbarians :)
Two options:
/. conspiracy theory that government is in M$'s pocket (see responses above).
:)
1. Standard
2. Microsoft's promise to sue the people responsable into oblivion. (Admittedly, the 'into oblivion' is implied rather than explicit.) This means that MICROSOFT PAYS FOR THE LITIGATION. The FCC gets Microsoft's honed attack lawyers for free.
Microsoft has opted to do something where the FCC gets credit and Microsoft pays most the costs (litigation is expensive, especially when the people you're suing probably don't have money to pay the judgements). Why would the FCC choose them? It's a conspiracy, I tell you.
Sorry, I'm a law student*, so I tend to believe in the glory and pragmatism of having someone else paying legal fees.
*If I were an actual lawyer, this message would be three times as long and contain the same information. I'm working on it.
$400000-$700000 *per month* in fraud.
:)
Show me a crack dealer who makes that kind of illegal profit
And you're saying that less than 9 years would discourage the guy?
It's $1000 Canadian, which at the current conversion factor is roughly $0.50.
Bet you can't get a laptop for that.
Seriously though, assuming it costs the same in the US, it's $792.29 USD (according to www.xe.com).
Admittedly, you still can get a cheaper laptop, but it won't have recording and it sure won't have a 4 hour battery life.
And forget about an ibook
Watch out, you have to spend 5 years programming neurotic pikas before you're even considered for the other malefact--er, lagomorphs.
and
so yes, it does affect performance. You take a 20% hit. The "almost no performance hit" means, in this context, "computers are fast enough that no one will notice unless they're doing something crazy like video editing. Go back to surfing slashdot."
I agree with the statements. especially 1 and 2, but one caveat:
:) ).
In photoshop, having the 16 windows open makes me more efficient, because I can acess more information at a glance (with 2 monitors, of course
Gimp's problem isn't multiple windows, it's that the windows (and menus) stink--at least, that was how it was in 1.3x.
It's a second Porche.
:)
Double my parents chances.
Yellow Dog Linux.
From the term 'Yellow Dog' Democrat. Coined in the South after the Civil War about people who'd vote Democrat if the candidate were a yellow dog.
I think that describes a target audience.
I downloaded it, and though I'm still clueless, the interface does seem a lot better than when I tried it ~6 mos. back.
:). That's incredible.
My only complaint is that it still has the "subdivisions of one big window" interface that reeks for multi-monitor setups. I wish you could split the palette window from the view windows.
Of course, that might be one reason the download is only 2.9 megs for a mac
Hey! Bullies! Fear the robot that comes up to your kneecap!
And if it didn't have any side effects, there wouldn't be any problems with shooting yourself in the head.
.
These things all have side effects. The drugs all have side effects. Even blood doping (increasing your red blood cell count to improve stamina) will kill you occasionally (stroke). Genetic doping will carry the same risks. Look at that kid who died undergoing Gene therapy
Mac default PDFs are bigger because their graphics aren't compressed. I read leaving the feature out was a favor to Adobe (to give Acrobat on Mac a raison d'etre).
Right on. There's no reason to approach vector and raster art through different programs. Jumping is innefficient and kludgy and leads to a "when my only tool is a hammer, everything looks like a nail" approach instead of using both tools for what they do best.
(Adobe seems to realize that things need to be further integrated. That's why they have the stupid 'CS' tacked on to the end of program names.)
The only reason I see that Adobe sells the two seperately is that they'd lose revenue combining them.
Of course, this from a company that hired models to pose as tourists and ask people to take their picture when the company introduced a camera phone.
Who's surprised they have a few tame news outlets?