Everybody knows that the Internet contains more data than Walmart... So all that really happened here, I think, is that the NYTimes guy was irresponsible with his statistics . . .
What?!? The NYT engaging in irresponsible journalism? Making up stories out of smoke and mirrors? Perish the thought! The Old Gray Lady? Never!
5. Make it easier to pull the licenses of incompetent doctors. The medical profession has done a horrible job of policing itself. I'll give a local example. Here in Seattle, a doctor resigned from the staff of Swedish Medical Center when, concerned about his competence, a special committee recommended this his medical privileges be revoked. Later, he was given medical privileges at neighboring Providence, a Catholic hospital. Later still, the two hospitals merged. After consideration at the highest levels (i.e., the General Counsel's office,) the newly merged hospitals let him practice. Later, this jackass botched a delivery, resulting in a dead baby and the hospital forking over $5 million to the baby's parents. This doctor's punishment? I'm not making this up - write a research paper! Of course, what will happen is, his malpractice carrier will drop him like a hot potato and he'll either "go bare" or end up praciticing in one of our many American systems of socialized medicine, all renowned for their level of care. I'm talking, of course, about the VA, the Indian Health systems, the military hospital,s and so on. What needs to happen is for theNational Practitioner Databank to be open to the public.
The digital archives is a big step for my University. Five years ago we were facing a hostile take over by the drunken WSU, now Eastern is the fastest growing University in the state.
Yes, it's amazing the strides Eastern has made. I was there in the early-to-mid 90s when they sucked in just about every possible way there is to suck. Now, if my other plans don't pan out, I might actually consider going back there to finish my degree. It is true, however, that EWU is still primarily a teacher's college and thus its tech programs aren't terribly strong as evidenced by the math department's non-rating.
by AT&T to remain relevant. First they were broken up by the Reagan administration. Then they tried to enter the wireless world by buying up McCaw Cellular for $14 billion. They did great for awhile with things like One Rate, but then they got a jackass for a CEO. Later, AT&T sold off wireless properties (!) in their bid to buy TCI which was a disaster. Finally, too late and many dollars too short, they switched to GSM, but it didn't work worth a damn. Finally, number portability did them in.
What's AT&T got left? Long distance? A dying industry if there ever was one! Once again, AT&T is a year or too late to jump on this bandwagon. As has happened many times before, a once-venerable company has been run into the ground by stupid management. Don't worry, though, Zeglis will get a golden parachute and find a new company to run into the ground.
I think most of the true Free Software types believe that they're in a league *above* IBM -- that due to the license, they can't be "legacied" out of existence like OS/2 and Amiga were, and if they had to go back to the bad old days of the mid-90s, they'd be perfectly happy.
In their masturbation fantasies perhaps. The only reason IBM cares about Linux is because it's free and IBM can use it as a stick to beat Microsoft with. It's an OS they can use to make gazillions of dollars on while giving precious little, if anything, back to the people who did the heavy lifting. Normally, you see, IBM would have had to pay lots and lots of bucks to develop something like this from the ground up. Following the Wal-Martization of American companies, IBM makes money selling things, not developing them. Since developing an OS like Linux from the ground up would be extremely expensive, IBM's shareholders would have been pissed if they tried. But IBM has latched onto something built by a lot of starry-eyed optimists who now think, very stupidly, that IBM is a true believer. It's not. Far from it, in fact. If someone tried to use Linux as a stick to beat IBM with, well, IBM would put the kibosh on that in a hurry.
In other words, IBM is exploiting Linux and the community is allowing itself to be exploited. It's no different than a wife who stays with a husband whom she knows runs around on her all the time. "He may not be husband of the year, but he sure buys me a lot of nice things."
In spite of what the participants in this OSS-IBM fantasy lovefest would like to believe, the "enemy of my enemy"-logic works out in the long term only if you're approximately in the same league as your temporary ally.
Right, to do otherwise is simply to embrace your corrupter. Ask Socrates about that one.
Nevermind, they don't teach that in public schools anymore. Many, if not most, public school graduates can't read their damn diplomas, much less Plato.
Linux and IBM, strange bedfellows indeed. IBM is every bit the big, evil, monopolist corporation that RMS and the rest of the Linux zealots rail against. IIRC, IBM, too, is a "convicted monopolist" just as M$ is and Apple tried to be. The only difference is, IBM succeeded where Apple failed - they had the hardware *and* the software lock-in. What was the saying? Oh yeah, "nobody ever got fired for buying IBM." Today, replace IBM with Microsoft. By the way, how many American jobs has IBM shipped to India or replaced with H1Bs under the pretext of a labor shortage? And how much of the same has IBM helped others do under the same pretext through their consultancy, IBM Global Services? But since they've chosen to embrace Linux because it's in their short-term self-interest to do so, all of their many sins are forgiven.
Make no mistake about it, IBM doesn't give a ripshit about "the community" or anyone/thing else other than the Almighty Dollar. The only reason they're fighting SCO is because they're heavily invested in Linux as a way to compete with Microsoft. If IBM felt that it was in their short-term best interest to wipe Linux off of the face of the Earth, they would.
One only needs to realize that Symantec, like most American corporations, has dollar signs in its eyes at the prospect of selling its product to three billion or so Chinese consumers. Trouble is, China is a police state. Faced with the prospect of losing out, Symantec, as so often happens with American corporations, sold out and sold its customers down the river.
This is not legal advice. You are not a client. I'm not even an attorney. If you want legal advice, contact an attorney admitted to your jurisdiction's bar. What I am saying here is probably 100% wrong and if you do anything in reliance upon it, then you are a blithering idiot who deserves whatever bad shit is very likely to befall you.*/
Well, now that that's out of the way . ..
Quoth the AC:
Welcome to Contract Law.
If you agreed to their terms of service, you (I assume) agreed to let them fine you.
What right do they have? The rights you gave them when you agreed to their contract.
Only in the simplest AC mind are things always that simple. Those of us who do not live in the AC's land of make believe, however, know differently. It is true that, generally speaking, a man is bound by the terms of the contract he agrees to. However, not all contracts are enforceable. One where one of the parties is not a sui juris adult, i.e., he is a minor or is non compos mentis, is not enforceable. Similarly, the kind of contracts made with each other by guys with names like Knuckles (you know the kind, the ones where they agree to "push da button on this here guy" for a certain sum) are likewise not enforceable because they are a contract to do an illegal act. In the same vein, contracts with terms that are variously described as "unfair and unconscionable" are likewise not enforceable.
With regard to their arbitration clause, US District Judge Jeremy Fogel said just that a couple of years ago. Later, PayPal settled out on a large class action lawsuit, but AFAIK is still being pursued by NY, LA, and ID for operating an unauthorized bank.
Wrong, buzzard breath. The MPAA cares a devil of a lot about any technology that enables people to view content other than through their "licensed" means. (Granted, we techies know that this is pie-in-the-sky: CSS was broken by a 15-year-old, Macrovision has been hacked already AFAIK.) Keep in mind that the movie industry fought VCRs all the way to the US Supreme Court. The case was Sony Corp. v. Universal City Studios, Inc.. The case headnote:
Petitioner Sony Corp. manufactures home video tape recorders (VTR's), and markets them through retail establishments, some of which are also petitioners. Respondents own the copyrights on some of the television programs that are broadcast on the public airwaves. Respondents brought an action against petitioners in Federal District Court,
alleging that VTR consumers had been recording some of respondents' copy-righted works that had been exhibited on commercially sponsored television and thereby infringed respondents' copyrights, and further that petitioners were liable for such copyright infringement because of their marketing of the VTR's. Respondents sought money damages, an equitable accounting of profits, and an injunction against the manufacture and marketing of the VTR's. The District Court denied respondents all relief, holding that noncommercial home use recording of material broadcast over the public airwaves was a fair use of copyrighted works and did not constitute copyright infringement, and that petitioners could not be held liable as contributory infringers even if the home use of a VTR was considered an infringing use. The Court of Appeals reversed, holding petitioners liable for contributory infringement and ordering the District Court to fashion appropriate relief. [Emphasis added].
Held:
The sale of the VTR's to the general public does not constitute contributory infringement of respondents' copyrights. [In other words, told Universal to go stuff themselves.]
Hollyweird has yet to learn from this stinging defeat and the aftermath. Turns out that, far from decimating the industry as Jack Valenti predicted, Hollywood now makes more off of videotapes than screenings. Hollywood makes more movies than before, not fewer.
In business, you must either adapt or die. At least for now, Hollywood has chosen not to adapt.
I did already know that, but AC reminded me of the name. This SCO lawsuit business is scaring the PHBs off of Linux long enough for M$ to release an OS with these "features." Myself, I'm not worried since it'll get hacked in short order as all of these other harebrained schemes have. But wide adoption of this would probably spell doom for Linux. Who's gonna continue to develop something that can't run on any hardware out there?
"The space shuttle is a very expensive white elephant."
-- Story Musgrave, astronaut.
Manned space flight is about ego and politics, not science. Right now we have a lot more pressing issues in this country that money could be spent on than toy plane pipedreams. Like most other government programs, the Space Shuttle is many hundreds of times over budget. It's time to retire this white elephant and get past our Cold War masturbation fantasies.
Its a fun read. I'll be really suprised if they don't get a summary judgement in their favor.
Don't forget that Microsoft has been bankrolling this Bataan Death March of litigation from the very beginning. Any non-M$-bankrolled attorney would have had a "come to Jesus" talk with these clowns long ago. I hope IBM does get summary judgment and I hope SCO gets sanctioned under FRCP 11 for bringing this load of crap and for filing the inevitable frivolous appeals. Won't make a difference, though, since SCO will have long since filed for Chapter 11 bankruptcy^Wprotection from creditors while Darl and the gang skip the country with all that money stashed in their Swiss bank accounts.
However, don't make the mistake of thinking IBM's eventually prevailing on summary judgment will be the end. No, to quote Churchill, that will be "at most, the end of the beginning." An appeal will surely follow. All the while, M$ gets to spread FUD about how Linux infringes IP rights. The PHBs will buy it and will stay with the "safe" choice. All the while, M$ will be regrouping. What's next, a BIOS that locks out "non-approved" (read: non-Microsoft) software?
When there is the regular worm or virus that crushes windows, or the massive service pack that actually forces the need for more memory to be placed in the computer, or a larger hard drive all together, or a reformatting of the drive to fix the worm damage - outsourcing is a waste of money. Why? They, the help staff in India, is sitting there collecting money and producing no product(not helping)!
Friend, you're living in la-la land if you think any American executive thinks that long-term, i.e., beyond the end of their nose. To put it another way, I'd like some of whatever you're smoking.
We're not talking magic, just some basic common sense. NASA, before the time of the accident, was an even more bureaucratic mess than it is now. Thousands of safety waivers were signed off nearly every mission. Engineers were "pressured" not to talk to management about safety concerns, and to top it all off, the one SURE thing that could have prevented the accident (satellite photos from the DoD), were cancelled at the last minute because some douche bag in management though it might "appear like" incompetence.
How many times have we seen examples of this? Post-9/11, we heard talk of major changes in airport security and suchlike. What real changes have been made? None. The same people are still running the show but under different names. We rearranged the deck chairs (creating a Department of Homeland Security, largest government reorg in history, blah blah blah), but the Titanic still has a huge gash in her side and she's still sinking. Now that the depth and breadth of pre-9/11 intelligence failures has been revealed, what are we going to do? That's right - reorganize the CIA! No matter what, the same people with the same mindset are still going to run the show.
What did the CAIB say? Oh, yeah, something about "internal cultural changes" being necessary at NASA and how those changes will be "resisted." In other words, nothing is going to be done. And because of this, just as there are going to be more 9/11s, there are going to be more Challengers and Columbias.
The people responsible for sacking the people responsible for sending the previous message have been sacked.
(Hit "Submit" instead of "Preview." Mods: Mod first one into oblivion please.)
Quoth the legal illiterate poster:
Some of the main things it does do:
It destroys all existing state and local level anti-spam laws. Some of them were actually becoming effective, so they had to go.
BZZZT!! WRONG! The pre-emption provision you are referring to was mainly aimed at California's law which was very good but, as you put it, had to go. However, laws like Washington's remain untouched. Why? CAN-SPAM does pre-empt state laws that regulate spam, but not "to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto" as does Washington's and several others.
Agreed, CAN-SPAM is a shitty law. The law ended up this way because the Bushies didn't want to "encourage frivolous lawsuits" against "honest, hard-working businessmen."
(Hit "Submit" instead of "Preview." Mods: Mod first one into oblivion please.)
Quoth the legal illiterate poster:
Some of the main things it does do:
It destroys all existing state and local level anti-spam laws. Some of them were actually becoming effective, so they had to go.
BZZZT!! WRONG! The pre-emption provision you are referring to was mainly aimed at California's law which was very good but, as you put it, had to go. However, laws like Washington's remain untouched. Why? CAN-SPAM does pre-empt state laws that regulate spam, but not "to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto" as does Washington's and several others.
Agreed, CAN-SPAM is a shitty law. The law ended up this way because the Bushies didn't want to "encourage frivolous lawsuits" against "honest, hard-working businessmen."
VOTE KERRY 2004!
It destroys all existing state and local level anti-spam laws. Some of them were actually becoming effective, so they had to go. BZZZT!! WRONG! The pre-emption provision you are referring to was mainly aimed at California's law which was very good but, as you put it, had to go. However, laws like Washington's remain untouched.
It removes any legal right of action from 99.99% of the population. The only entities who can bring action under it are ISPs and a few governmental agencies.
A big part of a lawsuit is discovery. FRCP 26(b)(1) provides that:
Parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.
In other words, lots of stuff in emails is considered fair game for discovery. Failure to produce it, or destroying it, subjects the party to severe sanctions, up to and including "rendering a judgment by default against the disobedient party." So, what they're saying is, deleting emails could constitute willful failure to disclose in the event of a lawsuit and could result in those sanctions.
Slashdot Mirror
Everybody knows that the Internet contains more data than Walmart... So all that really happened here, I think, is that the NYTimes guy was irresponsible with his statistics . . .
What?!? The NYT engaging in irresponsible journalism? Making up stories out of smoke and mirrors? Perish the thought! The Old Gray Lady? Never!
You forgot "We need to talk" after "Dear Broadband."
5. Make it easier to pull the licenses of incompetent doctors. The medical profession has done a horrible job of policing itself. I'll give a local example. Here in Seattle, a doctor resigned from the staff of Swedish Medical Center when, concerned about his competence, a special committee recommended this his medical privileges be revoked. Later, he was given medical privileges at neighboring Providence, a Catholic hospital. Later still, the two hospitals merged. After consideration at the highest levels (i.e., the General Counsel's office,) the newly merged hospitals let him practice. Later, this jackass botched a delivery, resulting in a dead baby and the hospital forking over $5 million to the baby's parents. This doctor's punishment? I'm not making this up - write a research paper! Of course, what will happen is, his malpractice carrier will drop him like a hot potato and he'll either "go bare" or end up praciticing in one of our many American systems of socialized medicine, all renowned for their level of care. I'm talking, of course, about the VA, the Indian Health systems, the military hospital,s and so on. What needs to happen is for theNational Practitioner Databank to be open to the public.
And now spyware.
I can't be the only one who thinks the world would be a better place if "Spamford" Wallace's mommy knew about Roe v. Wade.
Quoth the fellow Eagle poster:
The digital archives is a big step for my University. Five years ago we were facing a hostile take over by the drunken WSU, now Eastern is the fastest growing University in the state.
Yes, it's amazing the strides Eastern has made. I was there in the early-to-mid 90s when they sucked in just about every possible way there is to suck. Now, if my other plans don't pan out, I might actually consider going back there to finish my degree. It is true, however, that EWU is still primarily a teacher's college and thus its tech programs aren't terribly strong as evidenced by the math department's non-rating.
by AT&T to remain relevant. First they were broken up by the Reagan administration. Then they tried to enter the wireless world by buying up McCaw Cellular for $14 billion. They did great for awhile with things like One Rate, but then they got a jackass for a CEO. Later, AT&T sold off wireless properties (!) in their bid to buy TCI which was a disaster. Finally, too late and many dollars too short, they switched to GSM, but it didn't work worth a damn. Finally, number portability did them in.
What's AT&T got left? Long distance? A dying industry if there ever was one! Once again, AT&T is a year or too late to jump on this bandwagon. As has happened many times before, a once-venerable company has been run into the ground by stupid management. Don't worry, though, Zeglis will get a golden parachute and find a new company to run into the ground.
Ahh, life in these United States . . .
I think most of the true Free Software types believe that they're in a league *above* IBM -- that due to the license, they can't be "legacied" out of existence like OS/2 and Amiga were, and if they had to go back to the bad old days of the mid-90s, they'd be perfectly happy.
In their masturbation fantasies perhaps. The only reason IBM cares about Linux is because it's free and IBM can use it as a stick to beat Microsoft with. It's an OS they can use to make gazillions of dollars on while giving precious little, if anything, back to the people who did the heavy lifting. Normally, you see, IBM would have had to pay lots and lots of bucks to develop something like this from the ground up. Following the Wal-Martization of American companies, IBM makes money selling things, not developing them. Since developing an OS like Linux from the ground up would be extremely expensive, IBM's shareholders would have been pissed if they tried. But IBM has latched onto something built by a lot of starry-eyed optimists who now think, very stupidly, that IBM is a true believer. It's not. Far from it, in fact. If someone tried to use Linux as a stick to beat IBM with, well, IBM would put the kibosh on that in a hurry.
In other words, IBM is exploiting Linux and the community is allowing itself to be exploited. It's no different than a wife who stays with a husband whom she knows runs around on her all the time. "He may not be husband of the year, but he sure buys me a lot of nice things."
Amerigo Bonasera:Linux community::IBM:Don Corleone.
Godfather fans out there will get that one.
Quoth the insightful poster:
In spite of what the participants in this OSS-IBM fantasy lovefest would like to believe, the "enemy of my enemy"-logic works out in the long term only if you're approximately in the same league as your temporary ally.
Right, to do otherwise is simply to embrace your corrupter. Ask Socrates about that one.
Nevermind, they don't teach that in public schools anymore. Many, if not most, public school graduates can't read their damn diplomas, much less Plato.
is my friend.
Linux and IBM, strange bedfellows indeed. IBM is every bit the big, evil, monopolist corporation that RMS and the rest of the Linux zealots rail against. IIRC, IBM, too, is a "convicted monopolist" just as M$ is and Apple tried to be. The only difference is, IBM succeeded where Apple failed - they had the hardware *and* the software lock-in. What was the saying? Oh yeah, "nobody ever got fired for buying IBM." Today, replace IBM with Microsoft. By the way, how many American jobs has IBM shipped to India or replaced with H1Bs under the pretext of a labor shortage? And how much of the same has IBM helped others do under the same pretext through their consultancy, IBM Global Services? But since they've chosen to embrace Linux because it's in their short-term self-interest to do so, all of their many sins are forgiven.
Make no mistake about it, IBM doesn't give a ripshit about "the community" or anyone/thing else other than the Almighty Dollar. The only reason they're fighting SCO is because they're heavily invested in Linux as a way to compete with Microsoft. If IBM felt that it was in their short-term best interest to wipe Linux off of the face of the Earth, they would.
One only needs to realize that Symantec, like most American corporations, has dollar signs in its eyes at the prospect of selling its product to three billion or so Chinese consumers. Trouble is, China is a police state. Faced with the prospect of losing out, Symantec, as so often happens with American corporations, sold out and sold its customers down the river.
/* DISCLAIMER:
.
This is not legal advice. You are not a client. I'm not even an attorney. If you want legal advice, contact an attorney admitted to your jurisdiction's bar. What I am saying here is probably 100% wrong and if you do anything in reliance upon it, then you are a blithering idiot who deserves whatever bad shit is very likely to befall you.*/
Well, now that that's out of the way . .
Quoth the AC:
Welcome to Contract Law.
If you agreed to their terms of service, you (I assume) agreed to let them fine you.
What right do they have? The rights you gave them when you agreed to their contract.
Only in the simplest AC mind are things always that simple. Those of us who do not live in the AC's land of make believe, however, know differently. It is true that, generally speaking, a man is bound by the terms of the contract he agrees to. However, not all contracts are enforceable. One where one of the parties is not a sui juris adult, i.e., he is a minor or is non compos mentis, is not enforceable. Similarly, the kind of contracts made with each other by guys with names like Knuckles (you know the kind, the ones where they agree to "push da button on this here guy" for a certain sum) are likewise not enforceable because they are a contract to do an illegal act. In the same vein, contracts with terms that are variously described as "unfair and unconscionable" are likewise not enforceable.
With regard to their arbitration clause, US District Judge Jeremy Fogel said just that a couple of years ago. Later, PayPal settled out on a large class action lawsuit, but AFAIK is still being pursued by NY, LA, and ID for operating an unauthorized bank.
If not, the MPAA doesn't care.
Wrong, buzzard breath. The MPAA cares a devil of a lot about any technology that enables people to view content other than through their "licensed" means. (Granted, we techies know that this is pie-in-the-sky: CSS was broken by a 15-year-old, Macrovision has been hacked already AFAIK.) Keep in mind that the movie industry fought VCRs all the way to the US Supreme Court. The case was Sony Corp. v. Universal City Studios, Inc. . The case headnote:
Hollyweird has yet to learn from this stinging defeat and the aftermath. Turns out that, far from decimating the industry as Jack Valenti predicted, Hollywood now makes more off of videotapes than screenings. Hollywood makes more movies than before, not fewer.
In business, you must either adapt or die. At least for now, Hollywood has chosen not to adapt.
I did already know that, but AC reminded me of the name. This SCO lawsuit business is scaring the PHBs off of Linux long enough for M$ to release an OS with these "features." Myself, I'm not worried since it'll get hacked in short order as all of these other harebrained schemes have. But wide adoption of this would probably spell doom for Linux. Who's gonna continue to develop something that can't run on any hardware out there?
"The space shuttle is a very expensive white elephant."
-- Story Musgrave, astronaut.
Manned space flight is about ego and politics, not science. Right now we have a lot more pressing issues in this country that money could be spent on than toy plane pipedreams. Like most other government programs, the Space Shuttle is many hundreds of times over budget. It's time to retire this white elephant and get past our Cold War masturbation fantasies.
Does it really help out with stuff like this anyway? I'm not trolling, I'm genuinely curious.
Quoth the poster:
Its a fun read. I'll be really suprised if they don't get a summary judgement in their favor.
Don't forget that Microsoft has been bankrolling this Bataan Death March of litigation from the very beginning. Any non-M$-bankrolled attorney would have had a "come to Jesus" talk with these clowns long ago. I hope IBM does get summary judgment and I hope SCO gets sanctioned under FRCP 11 for bringing this load of crap and for filing the inevitable frivolous appeals. Won't make a difference, though, since SCO will have long since filed for Chapter 11 bankruptcy^Wprotection from creditors while Darl and the gang skip the country with all that money stashed in their Swiss bank accounts.
However, don't make the mistake of thinking IBM's eventually prevailing on summary judgment will be the end. No, to quote Churchill, that will be "at most, the end of the beginning." An appeal will surely follow. All the while, M$ gets to spread FUD about how Linux infringes IP rights. The PHBs will buy it and will stay with the "safe" choice. All the while, M$ will be regrouping. What's next, a BIOS that locks out "non-approved" (read: non-Microsoft) software?
Quoth the poster:
When there is the regular worm or virus that crushes windows, or the massive service pack that actually forces the need for more memory to be placed in the computer, or a larger hard drive all together, or a reformatting of the drive to fix the worm damage - outsourcing is a waste of money. Why? They, the help staff in India, is sitting there collecting money and producing no product(not helping)!
Friend, you're living in la-la land if you think any American executive thinks that long-term, i.e., beyond the end of their nose. To put it another way, I'd like some of whatever you're smoking.
Quoth the very insightful poster:
We're not talking magic, just some basic common sense. NASA, before the time of the accident, was an even more bureaucratic mess than it is now. Thousands of safety waivers were signed off nearly every mission. Engineers were "pressured" not to talk to management about safety concerns, and to top it all off, the one SURE thing that could have prevented the accident (satellite photos from the DoD), were cancelled at the last minute because some douche bag in management though it might "appear like" incompetence.
How many times have we seen examples of this? Post-9/11, we heard talk of major changes in airport security and suchlike. What real changes have been made? None. The same people are still running the show but under different names. We rearranged the deck chairs (creating a Department of Homeland Security, largest government reorg in history, blah blah blah), but the Titanic still has a huge gash in her side and she's still sinking. Now that the depth and breadth of pre-9/11 intelligence failures has been revealed, what are we going to do? That's right - reorganize the CIA! No matter what, the same people with the same mindset are still going to run the show.
What did the CAIB say? Oh, yeah, something about "internal cultural changes" being necessary at NASA and how those changes will be "resisted." In other words, nothing is going to be done. And because of this, just as there are going to be more 9/11s, there are going to be more Challengers and Columbias.
You could always get a motorcycle, liability only is usually on the order of $100 a year. Be sure to fill out your organ doner card though.
And WTF is the OP supposed to do during a Detroit winter, brainiac?
Organ doner card? That rhymes with boner (grin/duck). Then again, he's a doner if he gets in a wreck with his motorcycle in a Detroit winter.
The ER docs call them "donorcycles" btw. Maybe that's why, in my jurisdiction, liability insurance is not required (section 3(b)) for M/C.
The people responsible for sacking the people responsible for sending the previous message have been sacked.
(Hit "Submit" instead of "Preview." Mods: Mod first one into oblivion please.)
Quoth the legal illiterate poster:
Some of the main things it does do:
It destroys all existing state and local level anti-spam laws. Some of them were actually becoming effective, so they had to go.
BZZZT!! WRONG! The pre-emption provision you are referring to was mainly aimed at California's law which was very good but, as you put it, had to go. However, laws like Washington's remain untouched. Why? CAN-SPAM does pre-empt state laws that regulate spam, but not "to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto" as does Washington's and several others.
Agreed, CAN-SPAM is a shitty law. The law ended up this way because the Bushies didn't want to "encourage frivolous lawsuits" against "honest, hard-working businessmen."
VOTE KERRY 2004!
(Hit "Submit" instead of "Preview." Mods: Mod first one into oblivion please.) Quoth the legal illiterate poster: Some of the main things it does do: It destroys all existing state and local level anti-spam laws. Some of them were actually becoming effective, so they had to go. BZZZT!! WRONG! The pre-emption provision you are referring to was mainly aimed at California's law which was very good but, as you put it, had to go. However, laws like Washington's remain untouched. Why? CAN-SPAM does pre-empt state laws that regulate spam, but not "to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto" as does Washington's and several others. Agreed, CAN-SPAM is a shitty law. The law ended up this way because the Bushies didn't want to "encourage frivolous lawsuits" against "honest, hard-working businessmen." VOTE KERRY 2004!
Quoth the legal illiterate poster:
Some of the main things it does do:
It destroys all existing state and local level anti-spam laws. Some of them were actually becoming effective, so they had to go.
BZZZT!! WRONG! The pre-emption provision you are referring to was mainly aimed at California's law which was very good but, as you put it, had to go. However, laws like Washington's remain untouched.
It removes any legal right of action from 99.99% of the population. The only entities who can bring action under it are ISPs and a few governmental agencies.
A big part of a lawsuit is discovery. FRCP 26(b)(1) provides that:
Parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.
In other words, lots of stuff in emails is considered fair game for discovery. Failure to produce it, or destroying it, subjects the party to severe sanctions, up to and including "rendering a judgment by default against the disobedient party." So, what they're saying is, deleting emails could constitute willful failure to disclose in the event of a lawsuit and could result in those sanctions.
You forgot the hundreds of thousands of legal immigrant guest workers let in under the pretext of a "labor shortage."