Normally, this is about when the attorney sits down with the client and has a "come to Jesus" talk. Given what's going on, though, it sounds like the attorneys may have already had that talk and have decided to pull the ejection handle, especially since a quick buyout of SCO does not appear forthcoming.
Uhm, this is a federal case, is it not? Last time I checked, federal judges are appointed for life. There are a few exceptions, e.g., bankruptcy judges, but no federal judge is elected.
And on what do you base the scurrilous allegations? To the contrary, a number of news organizations (e.g., CNN) did their own recounts and said that Bush would have won anyway. Would you be as venomous if it had gone the other way? No, it would have been just "right wing ranting" and the electoral college would be a "cherished Constitutional tradition."
Fact is, Terry McAuliffe put all of his 2002 eggs in the basket of defeating Jeb Bush to prove the GOP "stole" the election. What happened? He got his ass handed to him. His guy lost by 13 points.
I'm not a big Bush fan, just trying to bring a little intellectual honesty to/.
Mod me to hell, I don't care, I'm maxed out on karma.
Ahh, but Grasshopper, thou hast failed to realize that I list that as a spamtrap account. That's why I instruct people who email me there to put "slashdot" in the subject line.
It's very simple, really. They have to pay my fee. It usually involves dinner (good food, what my dearly departed Great Depression-survivor grandma used to call "Reagan food,") gas money, and, in the case of my attorney friend whose machine I built for him, free legal advice. Absent those things, well, sorry, I just don't know anything about that problem.
Bills get introduced all the time to do all kinds of shit. Every session of Congress, for example, some idiot introduces a bill to repeal the Second Amendment. Some other schmuck introduces one to repeal the 22nd Amendment. Neither of then go anywhere, neither will this one.
Of course, we'll see 3-4 dupes of this on/. before it's all over . . .
You just wait until they figure out that they can pull a Motorola or a Lexmark with the battery. Oh, and sealing the case to prevent "unauthorized repair."
They already know who they intend to hire, but want to keep up some pretense of "equal opportunity."
They don't intend to hire anyone at all, but are just putting out the ad to see what response they get.
Same as above, except they intend to use this to show that there are no qualified indiginous workers and, on the pretext of a "labor shortage," intend to bring in a tech-boot-camp trained immigrant guest worker who will work for $9 CDN. "Hey, we advertised the position, but there isn't anyone qualified, so gosh, we gots to bring in an H1B."
Same as above, but the perky HR flack intends to call all applicants and tell them the position is filled. "But hey, this other position just came available. It's a GREAT commission sales opportunity with unlimited income potential!" that turns out to be telemarketing. Temp agencies are famous for this.
At the risk of feeding the troll, I feel compelled to respond to this very old chestnut.
/* 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 the bar in your jurisdiction. What I am saying here is probably 100% wrong and if you do anything based on it, you are a blitering idiot who deserves whatever bad shit is very likely to befall you.
DISCLAIMER */
Now that that's out of the way . . .
Quoth the poster:
Violent anal rape every day for ten years is a pretty harsh punishment for getting caught with a bag of pot.
Getting caught with a bag of pot in most jurisdictions isn't enough to land you in jail, much less prison. In Washington, for example, possession of a couple of joints is a misdemeanor. Most likely, you can get into drug diversion court here and get the charges dismissed entirely.
Not saying I agree with the War on Drugs, just want to clear up some misinformation.
There's a little more to it. First off, what of this:
. . . subject to certain agreed upon credits for amounts received as discounted hourly fees or prior contingency payments. In addition, this modification may result in the payment to such law firm of up to $1,000,000 and the issuance of up to 400,000 shares of SCO's common stock.
Sounds like Boies, et al, made SCOX pony up a pile of cash before taking it on. This is unusual - a small expense retainer is not uncommon, but generally, firms don't require any money up front when taking a case on contingency. Previous posters could be right - Boies and co. want some insurance when (if) they get their butts waxed.
You heard it here first and it's worth what you paid for it.
In the next "mandatory super ultra-critical security update must install service pack" from MicroSchlock, IE will be made incompatible with Google. Of course, it will all be an "innocent bureaucratic SNAFU."
No, it is YOU who are the sucker, and an illiterate one at that. Put down your HCI propaganda piece and read a simple linguistic analysis, one that proves you wrong. Quoth the poster:
Your constitution doesn't give you the right to bare arms [sic]. It gives the states the right to form armed militias.
The text of the Second Amendment is:
A Well-Regulated Militia, being necessary to the security of a free state, the right of
the people to keep and bear arms shall not be infringed.
The text of the Fourth Amendment is:
The right of
the people to be secure in their persons, houses, papers, and effect against unreasonable searches and seizures shall not be violated, and no warrants shall issue but on probable cause, supported by oath or affirmation, and particularly describing the places to be searched, and the persons or things to be seized.
The text of the First Amendment, in pertinent part, is:
Congress shall make no law . . . abridging the freedom of speech . . . or the right of
the people to assemble peaceably and petition the government for a redress of grievances.
Okay, tell me again how "the people" in the First and Fourth Amendments means individuals citizens, but in the Second it doesn't? Sorry, but the only interpretation that makes sense is the one involving individuals.
There is a way to make it possible to ban all firearms in America that is absolutely permitted by the Constitution. It's called a "constitutional amendment."
It won't happen, though. Groups like HCI know they can't win at the ballot box. What do they do then? They push their agenda through disinformation, distortions, and lies ("guns are the number one cause of death of children in the home" is a Goebbels-worthy one, it's actually a ways down the list below aspirin poisoning and drowning.) Oh, and the favorite lefty tactic, judicial activism.
Bottom line - either change the Constitution or STFU.
foo@bar:~:$ grep -r fuck/usr/src/linux-2.4.21/ (edited to get past/. lameness filter)
don't fuck up. This is why we have Wirzenius wrote this portably, Torvalds fucked it up:-) James M doesn't say fuck enough. This is fucking braindead. There is NO WAY of doing this without Alexey is a fucking genius? (And this is the fucking 'basic' method). Alexey is a fucking genius? Some BIOS's are fucked and don't set all MTRRs the same! irixioctl.c: A fucking mess... if 0 XXX No fucking way dude... fucking with the memory controller because it needs to know the fuck me plenty Binary compatibility is good American knowhow fuckin' up. Why the fuck did they have to change this? fuck me plenty Some BIOS's are fucked and don't set all MTRRs the same! These chips are basically fucked by design, and getting this driver Only Sun can take such nice parts and fuck up the programming interface This card is _fucking_ hot... fuck did SONIC_BUS_SCALE come from, and what was it supposed DRM(release_fuck)(struct inode inode, struct file filp); how bad the target andor ESP fucks things up. Be careful, we could really get fucked during synchronous how bad the target andor ESP fucks things up. phase things. We don't want to fuck directly with Be careful, we could really get fucked during synchronous Am I fucking pedantic or what? task can fuck it up GTL The four ACI command types are fucked up. [-: If you don't see why, please stay the fuck away from my code. Ugly, ugly fucker. Ugly, ugly fucker. in interrupt handlers someone fucked up and we'd dead-lock master list of VME vectors -- don't fuck with this If you fuck with this, update ret_from_syscall code too
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 the bar in your jurisdiction. What I am saying here is probably 100% wrong and if you do anything based on it, you are a blitering idiot who deserves whatever bad shit is very likely to befall you.
DISCLAIMER */
This isn't a big deal at all. In responding to a complaint, defendants will raise all manner of "affirmative defenses" so they cannot be later deemed to have waived them. For instance, a defense that "the complaint fails to state a claim under which relief may be granted" under Federal Rule of Civil Procedure 12(b)(6) is nearly universal, even though actually winning on that defense is rare. "Relief under FRCP 12(b)(6) is extraordinary and rarely granted," so says the case law. In fact, just about all of those FRCP 12(b) defenses are raised so as to avoid waiver.
Will SCO prevail on it? Probably not. But they've now preserved the defense for later (and for the interminable appeals that will ensue lest cooler heads prevail soon in this debacle.)
These "memory glasses" were also discussed at the recent International Symposium on Wearable Computers.
Lessee here . . . Symposium, literally translated from Greek, means drinking party. The Platonic dialogue of the same name was, in fact, a drinking party.
Glasses that flash messages in someone's eyes immediately following a drinking party . . . sounds like the makings of a barf-o-rama to me.
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 the bar in your jurisdiction. What I am saying here is probably 100% wrong and if you do anything based on it, you are a blitering idiot who deserves whatever bad shit is very likely to befall you.
DISCLAIMER */
Now that that's out of the way . . .
The US Supreme Court passed on this issue long ago. In the case of Quality King Distributors, Inc. v. L'Anza Research International, Inc.. Apparently, Quality King Distributors was re-importing hair care products that were sold by US manufacturers overseas at a deep discount. Quality King got sued, and the US Supreme Court unanimously told them tough shinksi. Writing for a unanimous Court, Justice Stevens explained that
Indeed, we first endorsed the first sale doctrine in a case involving a claim by a publisher that the resale of its books at discounted prices infringed its copyright on the books. Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (1908).
In that case, the publisher, Bobbs-Merrill, had inserted a notice in its books that any retail sale at a price under $1.00 would constitute an infringement of its copyright. The defendants, who owned Macy's department store, disregarded the notice and sold the books at a lower price without Bobbs-Merrill's consent.
We held that the exclusive statutory right to "vend" applied only to the first sale of the copyrighted work . . .
So these guys don't have a leg to stand on and any case brought to enforce it would be laughed out of court. It was probably ginned up by some semi-literate shyster attorney who thought "it work fuh that sofweah, by golly dag gum it'll wuk fuh us!" Sorry.
Slashdot Mirror
Normally, this is about when the attorney sits down with the client and has a "come to Jesus" talk. Given what's going on, though, it sounds like the attorneys may have already had that talk and have decided to pull the ejection handle, especially since a quick buyout of SCO does not appear forthcoming.
I'd have modded you Insightful.
Uhm, this is a federal case, is it not? Last time I checked, federal judges are appointed for life. There are a few exceptions, e.g., bankruptcy judges, but no federal judge is elected.
And on what do you base the scurrilous allegations? To the contrary, a number of news organizations (e.g., CNN) did their own recounts and said that Bush would have won anyway. Would you be as venomous if it had gone the other way? No, it would have been just "right wing ranting" and the electoral college would be a "cherished Constitutional tradition."
Fact is, Terry McAuliffe put all of his 2002 eggs in the basket of defeating Jeb Bush to prove the GOP "stole" the election. What happened? He got his ass handed to him. His guy lost by 13 points.
I'm not a big Bush fan, just trying to bring a little intellectual honesty to /.
Mod me to hell, I don't care, I'm maxed out on karma.
Ahh, but Grasshopper, thou hast failed to realize that I list that as a spamtrap account. That's why I instruct people who email me there to put "slashdot" in the subject line.
It's very simple, really. They have to pay my fee. It usually involves dinner (good food, what my dearly departed Great Depression-survivor grandma used to call "Reagan food,") gas money, and, in the case of my attorney friend whose machine I built for him, free legal advice. Absent those things, well, sorry, I just don't know anything about that problem.
Bills get introduced all the time to do all kinds of shit. Every session of Congress, for example, some idiot introduces a bill to repeal the Second Amendment. Some other schmuck introduces one to repeal the 22nd Amendment. Neither of then go anywhere, neither will this one.
Of course, we'll see 3-4 dupes of this on /. before it's all over . . .
Buy a new one!
You just wait until they figure out that they can pull a Motorola or a Lexmark with the battery. Oh, and sealing the case to prevent "unauthorized repair."
Quoth the poster:
Do they prop open their eyelids and clamp their heads in place?
This very phenomenoa was written about a few thousand years ago.
One or more of the following is going on here:
They already know who they intend to hire, but want to keep up some pretense of "equal opportunity."
They don't intend to hire anyone at all, but are just putting out the ad to see what response they get.
Same as above, except they intend to use this to show that there are no qualified indiginous workers and, on the pretext of a "labor shortage," intend to bring in a tech-boot-camp trained immigrant guest worker who will work for $9 CDN. "Hey, we advertised the position, but there isn't anyone qualified, so gosh, we gots to bring in an H1B."
Same as above, but the perky HR flack intends to call all applicants and tell them the position is filled. "But hey, this other position just came available. It's a GREAT commission sales opportunity with unlimited income potential!" that turns out to be telemarketing. Temp agencies are famous for this.
At the risk of feeding the troll, I feel compelled to respond to this very old chestnut.
/* 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 the bar in your jurisdiction. What I am saying here is probably 100% wrong and if you do anything based on it, you are a blitering idiot who deserves whatever bad shit is very likely to befall you.
DISCLAIMER */
Now that that's out of the way . . .
Quoth the poster:
Violent anal rape every day for ten years is a pretty harsh punishment for getting caught with a bag of pot.
Getting caught with a bag of pot in most jurisdictions isn't enough to land you in jail, much less prison. In Washington, for example, possession of a couple of joints is a misdemeanor. Most likely, you can get into drug diversion court here and get the charges dismissed entirely.
Not saying I agree with the War on Drugs, just want to clear up some misinformation.
Agreed about Barney. Now, this Barney would have been a better choice.
There's a little more to it. First off, what of this:
. . . subject to certain agreed upon credits for amounts received as discounted hourly fees or prior contingency payments. In addition, this modification may result in the payment to such law firm of up to $1,000,000 and the issuance of up to 400,000 shares of SCO's common stock.
Sounds like Boies, et al, made SCOX pony up a pile of cash before taking it on. This is unusual - a small expense retainer is not uncommon, but generally, firms don't require any money up front when taking a case on contingency. Previous posters could be right - Boies and co. want some insurance when (if) they get their butts waxed.
You heard it here first and it's worth what you paid for it.
In the next "mandatory super ultra-critical security update must install service pack" from MicroSchlock, IE will be made incompatible with Google. Of course, it will all be an "innocent bureaucratic SNAFU."
So what you're saying is, get your short positions in on opening day?
. . . rises to the bait . . .
No, it is YOU who are the sucker, and an illiterate one at that. Put down your HCI propaganda piece and read a simple linguistic analysis, one that proves you wrong. Quoth the poster:
Your constitution doesn't give you the right to bare arms [sic]. It gives the states the right to form armed militias.
The text of the Second Amendment is:
The text of the Fourth Amendment is:
The text of the First Amendment, in pertinent part, is:
Okay, tell me again how "the people" in the First and Fourth Amendments means individuals citizens, but in the Second it doesn't? Sorry, but the only interpretation that makes sense is the one involving individuals.
There is a way to make it possible to ban all firearms in America that is absolutely permitted by the Constitution. It's called a "constitutional amendment."
It won't happen, though. Groups like HCI know they can't win at the ballot box. What do they do then? They push their agenda through disinformation, distortions, and lies ("guns are the number one cause of death of children in the home" is a Goebbels-worthy one, it's actually a ways down the list below aspirin poisoning and drowning.) Oh, and the favorite lefty tactic, judicial activism.
Bottom line - either change the Constitution or STFU.
Lexmark was hosed from the beginning. Simply, they were attempting to use copyright to patent something that isn't patentable.
Nah, this is much more fun.
/usr/src/linux-2.4.21/ /. lameness filter)
:-)
foo@bar:~:$ grep -r fuck
(edited to get past
don't fuck up. This is why we have
Wirzenius wrote this portably, Torvalds fucked it up
James M doesn't say fuck enough.
This is fucking braindead. There is NO WAY of doing this without
Alexey is a fucking genius?
(And this is the fucking 'basic' method).
Alexey is a fucking genius?
Some BIOS's are fucked and don't set all MTRRs the same!
irixioctl.c: A fucking mess...
if 0 XXX No fucking way dude...
fucking with the memory controller because it needs to know the
fuck me plenty
Binary compatibility is good American knowhow fuckin' up.
Why the fuck did they have to change this?
fuck me plenty
Some BIOS's are fucked and don't set all MTRRs the same!
These chips are basically fucked by design, and getting this driver
Only Sun can take such nice parts and fuck up the programming interface
This card is _fucking_ hot...
fuck did SONIC_BUS_SCALE come from, and what was it supposed
DRM(release_fuck)(struct inode inode, struct file filp);
how bad the target andor ESP fucks things up.
Be careful, we could really get fucked during synchronous
how bad the target andor ESP fucks things up.
phase things. We don't want to fuck directly with
Be careful, we could really get fucked during synchronous
Am I fucking pedantic or what?
task can fuck it up GTL
The four ACI command types are fucked up. [-:
If you don't see why, please stay the fuck away from my code.
Ugly, ugly fucker.
Ugly, ugly fucker.
in interrupt handlers someone fucked up and we'd dead-lock
master list of VME vectors -- don't fuck with this
If you fuck with this, update ret_from_syscall code too
/* 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 the bar in your jurisdiction. What I am saying here is probably 100% wrong and if you do anything based on it, you are a blitering idiot who deserves whatever bad shit is very likely to befall you.
DISCLAIMER */
This isn't a big deal at all. In responding to a complaint, defendants will raise all manner of "affirmative defenses" so they cannot be later deemed to have waived them. For instance, a defense that "the complaint fails to state a claim under which relief may be granted" under Federal Rule of Civil Procedure 12(b)(6) is nearly universal, even though actually winning on that defense is rare. "Relief under FRCP 12(b)(6) is extraordinary and rarely granted," so says the case law. In fact, just about all of those FRCP 12(b) defenses are raised so as to avoid waiver.
Will SCO prevail on it? Probably not. But they've now preserved the defense for later (and for the interminable appeals that will ensue lest cooler heads prevail soon in this debacle.)
Quoth the author:
These "memory glasses" were also discussed at the recent International Symposium on Wearable Computers.
Lessee here . . . Symposium, literally translated from Greek, means drinking party. The Platonic dialogue of the same name was, in fact, a drinking party.
Glasses that flash messages in someone's eyes immediately following a drinking party . . . sounds like the makings of a barf-o-rama to me.
Where are you located? I wanna buy a box from you. I want to support a business such as yours.
/* 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 the bar in your jurisdiction. What I am saying here is probably 100% wrong and if you do anything based on it, you are a blitering idiot who deserves whatever bad shit is very likely to befall you.
DISCLAIMER */
Now that that's out of the way . . .
The US Supreme Court passed on this issue long ago. In the case of Quality King Distributors, Inc. v. L'Anza Research International, Inc.. Apparently, Quality King Distributors was re-importing hair care products that were sold by US manufacturers overseas at a deep discount. Quality King got sued, and the US Supreme Court unanimously told them tough shinksi. Writing for a unanimous Court, Justice Stevens explained that
So these guys don't have a leg to stand on and any case brought to enforce it would be laughed out of court. It was probably ginned up by some semi-literate shyster attorney who thought "it work fuh that sofweah, by golly dag gum it'll wuk fuh us!" Sorry.
Quoth the poster:
Another high-end store I saw selling markers to black out the edge of your CDs to prevent light loss.
WTF?!? Light loss?
Last time I checked, this is why you blacked out the edges of CDs.
I remember the policy manual read: Students who do not wish to recite the pledge shall maintain a respectful silence during the recitation.
There. End of story. Don't want to recite it? Don't. Just STFU for those who do.