Well it depends. If they were sworn under oath before speaking with the relevant ICE agents, then they very well may have committed perjury, or obstruction of justice. Filing a false affidavit or report is still a crime in many jurisdictions. If RIAA wrote it or said it, there could also be a defamation angle to it since we are speaking of a civil suit.
Well I assume they would have violated actual rules in their jurisdiction. Some states have more flexible conflict rules. If we are assuming California, I would have no idea. But to give the allegory in Florida where I am licensed, they would need to alert the clients of the conflict and then most likely withdraw. If the same attorneys worked on both sides of cases they could be in real trouble. They may have to repay legal fees as well, and they may be then disciplined depending on the nature of the harm caused, etc. If there was malicious intent then that would again be another worse can of worms.
Bar associations take this kind of violation seriously, large firms pay money for software to manage such conflicts.
So, will Dell do a fire-sale on existing inventory, or just reload the Windows tablet software and rebrand/remarket the same hardware? The tablet price points are starting to make sense for me. But, I would love to have a device I can play around with for convergence development. Is there something along these lines available?
I think there is definitely a market for Phone(SIP, Cellular, PSTN), IM, E-mail, NAS, & remote desktop. I feel like we are doing a lot of incremental things, but ultimately we have these powerful portable devices that can really do a lot. Yet they don't. They run angry birds, and don't actually save you any time or work around your life.
Shouldn't a phone/table be smart enough to to run your home phone system while you are home, maybe GPS based follow-me. Shouldn't a phone that knows you have a meeting scheduled or class and sends your calls to voice-mail with the option to SMS or IM. Hell a tablet with a wireless headset that runs as a phone, or with a phone. We are wasting a resource that could do useful work too. I mean think of the distributed computing you can do with these tablets, smart phones, etc.
There are problems to be solved, and none of these "solutions" actually solves them.
It is called leverage, and the advantageous bargaining power it brings. The fact is non-union jobs pay less and have fewer benefits than union jobs. Most people can't negotiate their contracts. They are take it or leave it. Unions give workers a seat at the bargaining table because there is a consequence to squeezing every last dollar from your employee (strike). If you want to be Pollyanna about it that is fine, or if you are in a field where this is not necessary because everyone negotiates their contract individually that is probably fine too.
I have never been a member of a Union, and I live in a right-to-work state. However, there have been several times where I realized the only way a work-place issue would be fixed is if the employees banded together. That won't happen in a Right-to-work state because you can get fired for any reason at any time(save race, gender, etc). Just my 2 cents.
I accidentally posted something similar as anonymous below. But this is really the key. There are several large scale EMR solutions already in place that would be low cost to deploy. I used the example of VistA below used by the Dept. of Veterans Affairs (~8-million patients), as there are some relatively free versions available. The "problem" of the electronic medical record isn't a real problem. It was solved in the late 90s. The only "problem" is data entry if you are going to convert hard copy medical records to useful data. Doctors have notoriously terrible handwriting, and as a result that can be time consuming. But, it is relatively simple to do mass scans, and basically fill in going forward. So, it is only an issue of identifying what is important to convert early on, I am sure there are some bureaucrats and medical administrators that can decide this, and what to convert long term as needed.
I was being facetious. The point was that the entire distribution channel is moot if the actual hurdles to distribution are removed. No one type sets, or even really operates the presses. I imagine like most of repeatable processes it is no longer labor intensive. Now these publishers become exclusively marketing companies, or proofreading/editing companies (they basically are). It could still render them moot. They are protecting their gatekeeper role, while not trying to actually determine how to make money in their new role. The fact that the ideas can now literally travel around the world for less than a penny. That is the revolution, and that is what they are trying to prevent.
This does work differently in different states; it depends on the statute. In some states there is a right to sue with a 100,000 total damage cap that requires an act of the legislature to overcome for purposes of collection. So if the only risk is 100k, it is probably money well spent.
Exactly. Michael Hart is not dead a week, and he is already turning in his proverbial grave. We have a medium that can provide infinite copies for no extra work. The only thing these guilds are concerned with is protecting the publishers. Look I am sad that there are many typesetters, and printing press operators that will be out of work, but I think the benefit to society for cheap and instantly available information frankly worth their jobs. They had a good run, no pun in tended.
Ooh! Ooh! Women tend not to be sociopaths, they are just insane in other ways. That must be what you mean.
Or it could be that it takes more than a few generations of techincal equality to achieve actual equality.
The late 90s called and they want their bloatware back? Seriously though, this is a preposterous linking case and something really needs to be done about this kind of claptrap. Progressive Networks *ahem* I mean RealNetworks, needs to look in the mirror and perhaps produce software someone would actually want to use, I can still hear the screams of my Pentium 150 as it tried mightily to load this software only to see the dreaded Buffering. It is a throwback sad week.
I am an attorney, and I have made several internal stupid systems to deal with the lack of good free software for management of legal practices. There is one Italian piece of software last time I checked, but otherwise it is basically a bunch of companies that take their pound of flesh. Legal fees are expensive because in a grand sense of irony, lawyers create a parasitic culture that takes advantage of them. Look at West and Lexis. They resell government documents, and charge around 50 dollars per month for minimal access. You have to sign multi year contracts with "cost of living adjustments" of 2-7% depending. I could go on and on. I want to do something for this and if anyone is interested in making something let me know.
I have to sort of agree here too. At first, I thought it was an abomination, however, I have gotten used to it so much that I miss GNOME 3 when I am not using it. I think to call it anything other than a public technology preview release is lying. It crashes frequently, the customization is there but not easily available, sometimes it is not consistent, etc.. But, it needs to stop advertising 3.0. I don't think there was a groundswell to immediately switch everything, and the should have treated it as such because high profile users that influence things are going to do stuff like this.
I think I am going to call BS on this. There are a lot of small business groups that will give you free advice on all that stuff in most communities, not to mention if you speak with an attorney or an accountant when you incorporate or choose not to incorporate, you should get a good head start on that advice. I can only speak for Florida, but the main limitation is that you can't actually do it cheaper than your 3rd or 2nd world manufacturing hub.
I'll give you a real world example. I ran a business for a few years that gave away shaker cups with certain purchases. We were by no means a large outfit with minimal startup money 10-30k. But, we made a conscious decision to offer some branded merchandise for free or low cost. So we looked to US companies to get a shaker cup with our logo on the side, the lowest price quoted in the volume we needed was $1.50/cup. You are thinking, "hey that is a great deal, right?" Wrong, we went direct to the mainland Chinese manufacturer and got the literal same cups for $ 0.25. After shipping, and import duties, the total cost was $0.35-$0.55 depending on how we calculated it. We are not talking about amazingly complex item here, but as you can see we could really afford to give the dang things away. And we sold them for 6 dollars. I think the few hundred we actually sold paid for the whole batch. That is what local industry is up against. To be honest, it probably should not be cheaper to make a shaker cup in mainland China and ship it to the united states; I realize that is a loaded judgment, but intuitively it makes no sense.
Figure out the solution, and you have solved many geopolitical problems.
I wanted to telephone our good friends at the Netflix to let them know that 2 short years ago I had a 3 DVD at a time unlimited streaming plan that charged $16.98 per month. At the same price point I have successively lost 1 DVD per year. That means in two years I will have to start lending Netflix DVDs from my own collection.
There was a problem with my telephone call, "Netflix is experiencing unexpected call volume please call back later.." Somewhere a pencil-necked accountant or MBA is about to be fired. My account can't change until my September billing, however, if there is no drastic improvement to the available streaming content we can kiss my 10 years or so membership good-bye.
I think the difference with Android and iOS is that Google and Apple don't buy out the good developers. It seems like RIM consistently does it, and then makes it a part of their OS. This stinks of the Microsoft embrace and extend approach to development of a platform. To be frank, blackberries don't "need" many apps. They are designed to be mobile E-mail/Contact Convergence platforms for corporations that use Exchange or Domino server infrastructure. So when things like Twitter apps or Web Browsers are made by others that work in a way that can be integrated to this existing infrastructure, RIM buys the good ones and makes it part of the approved platform. This works really well for things like enforcing copy and paste consistency, or adding/updating contacts consistency. Those are both really really big problems in iOS and Android. Additionally, multitasking seems to save state correctly (I am looking at you android browser and contact manager).
While it is fun to pick-up the girlfriend's Samsung and shoot some birds at some swine, when I try to switch between a browser and a contact manager to add contact information, or make a selection of an address to add to a contact, I don't have to start all over on my Blackberry Curve, but I do on her Samsung. It makes me cry sometimes how little integration tasks I am used to on the Blackberry are completely missing on the iOS and Android platforms, since the others have so much more overall potential.
But RIM has a decade head-start or so, so they should probably worry they will go the way of the PalmOS if they don't get their act together.
After watching that video, I am sick and tired of being referred to as a consumer, and not a customer. Unless we are in an economics lecture, or a corporate board room, I think it's truly impolite and frankly condescending to refer to someone that tries to make regular use of your goods and services as a consumer. When did we let this word weasel into our collective vocabulary?
I think DIY can be summed up into two camps:
1) I want to learn how something works and I might as well make something fun and cool.
2) I am tired of being charged 5000% markup on something relatively simple, and will just do it myself thank you kindly
I think neither of these camps is a market for folks that are willing to open their wallet. Are they trying for economies of scale? If so maybe you should call DIY people enthusiasts instead of consumers. You can't consume Do-it-Yourself. I guess you could eat yourself. So then, is Radio Shack advocating cannibalism?
I think this is actually a very revealing comment. The iOS and Android platforms are solving problems that RIM solved a long time ago, in that you can actually control permissions in each application on a micro level instead of accepting a battery of permissions or nothing. I think these kinds of options will come with the maturity of the platforms, like cut and paste and tighter messaging integration. Unfortunately, the average user will still press accept all and call it a day, but at least offer the option. Maybe we need to really do a Public Service campaign to let people know that whether it is a walled garden or an open marketplace, companies will try to get the most that you will let them.
Actually yes you are. Bomb making is an "ultra-hazardous" activity. In most jurisdictions you would have strict liability for all damages. IAaL and you can bank on that legal opinion for that hypothetical case. The fact that it was labeled Ham dinner probably makes it even worse for you, in that there would be less of an argument for contributory negligence from said thief to reduce your damages. This is why people that do dangerous things have expensive insurance and charge a lot to do said things.
Your comment is probably not far from the actual defense, except that the ABA controls approximately 0 lawyers rules. They make suggestions that real bar associations adopt if they feel like it. Kinda like a suggested rules. The local rules for the court would apply.
Thank you for saying what I have been thinking my entire life. I recall this being Obama's Katrina in many media outlets. More evidence that politics == religion returns true.
Well it depends. If they were sworn under oath before speaking with the relevant ICE agents, then they very well may have committed perjury, or obstruction of justice. Filing a false affidavit or report is still a crime in many jurisdictions. If RIAA wrote it or said it, there could also be a defamation angle to it since we are speaking of a civil suit.
Ah the dormant 3rd. We will find some fun use for that amendment yet.
Well there are 300 million people in the USA. I think that is a fair expectation.
Well I assume they would have violated actual rules in their jurisdiction. Some states have more flexible conflict rules. If we are assuming California, I would have no idea. But to give the allegory in Florida where I am licensed, they would need to alert the clients of the conflict and then most likely withdraw. If the same attorneys worked on both sides of cases they could be in real trouble. They may have to repay legal fees as well, and they may be then disciplined depending on the nature of the harm caused, etc. If there was malicious intent then that would again be another worse can of worms. Bar associations take this kind of violation seriously, large firms pay money for software to manage such conflicts.
So, will Dell do a fire-sale on existing inventory, or just reload the Windows tablet software and rebrand/remarket the same hardware? The tablet price points are starting to make sense for me. But, I would love to have a device I can play around with for convergence development. Is there something along these lines available? I think there is definitely a market for Phone(SIP, Cellular, PSTN), IM, E-mail, NAS, & remote desktop. I feel like we are doing a lot of incremental things, but ultimately we have these powerful portable devices that can really do a lot. Yet they don't. They run angry birds, and don't actually save you any time or work around your life. Shouldn't a phone/table be smart enough to to run your home phone system while you are home, maybe GPS based follow-me. Shouldn't a phone that knows you have a meeting scheduled or class and sends your calls to voice-mail with the option to SMS or IM. Hell a tablet with a wireless headset that runs as a phone, or with a phone. We are wasting a resource that could do useful work too. I mean think of the distributed computing you can do with these tablets, smart phones, etc. There are problems to be solved, and none of these "solutions" actually solves them.
It is called leverage, and the advantageous bargaining power it brings. The fact is non-union jobs pay less and have fewer benefits than union jobs. Most people can't negotiate their contracts. They are take it or leave it. Unions give workers a seat at the bargaining table because there is a consequence to squeezing every last dollar from your employee (strike). If you want to be Pollyanna about it that is fine, or if you are in a field where this is not necessary because everyone negotiates their contract individually that is probably fine too. I have never been a member of a Union, and I live in a right-to-work state. However, there have been several times where I realized the only way a work-place issue would be fixed is if the employees banded together. That won't happen in a Right-to-work state because you can get fired for any reason at any time(save race, gender, etc). Just my 2 cents.
I accidentally posted something similar as anonymous below. But this is really the key. There are several large scale EMR solutions already in place that would be low cost to deploy. I used the example of VistA below used by the Dept. of Veterans Affairs (~8-million patients), as there are some relatively free versions available. The "problem" of the electronic medical record isn't a real problem. It was solved in the late 90s. The only "problem" is data entry if you are going to convert hard copy medical records to useful data. Doctors have notoriously terrible handwriting, and as a result that can be time consuming. But, it is relatively simple to do mass scans, and basically fill in going forward. So, it is only an issue of identifying what is important to convert early on, I am sure there are some bureaucrats and medical administrators that can decide this, and what to convert long term as needed.
I was being facetious. The point was that the entire distribution channel is moot if the actual hurdles to distribution are removed. No one type sets, or even really operates the presses. I imagine like most of repeatable processes it is no longer labor intensive. Now these publishers become exclusively marketing companies, or proofreading/editing companies (they basically are). It could still render them moot. They are protecting their gatekeeper role, while not trying to actually determine how to make money in their new role. The fact that the ideas can now literally travel around the world for less than a penny. That is the revolution, and that is what they are trying to prevent.
This does work differently in different states; it depends on the statute. In some states there is a right to sue with a 100,000 total damage cap that requires an act of the legislature to overcome for purposes of collection. So if the only risk is 100k, it is probably money well spent.
Exactly. Michael Hart is not dead a week, and he is already turning in his proverbial grave. We have a medium that can provide infinite copies for no extra work. The only thing these guilds are concerned with is protecting the publishers. Look I am sad that there are many typesetters, and printing press operators that will be out of work, but I think the benefit to society for cheap and instantly available information frankly worth their jobs. They had a good run, no pun in tended.
Point of Clarification: Ms. Bartz did not seem like the right person to fix an entity as fundamentally broken as Yahoo!
Ooh! Ooh! Women tend not to be sociopaths, they are just insane in other ways. That must be what you mean. Or it could be that it takes more than a few generations of techincal equality to achieve actual equality.
The late 90s called and they want their bloatware back? Seriously though, this is a preposterous linking case and something really needs to be done about this kind of claptrap. Progressive Networks *ahem* I mean RealNetworks, needs to look in the mirror and perhaps produce software someone would actually want to use, I can still hear the screams of my Pentium 150 as it tried mightily to load this software only to see the dreaded Buffering. It is a throwback sad week.
I am an attorney, and I have made several internal stupid systems to deal with the lack of good free software for management of legal practices. There is one Italian piece of software last time I checked, but otherwise it is basically a bunch of companies that take their pound of flesh. Legal fees are expensive because in a grand sense of irony, lawyers create a parasitic culture that takes advantage of them. Look at West and Lexis. They resell government documents, and charge around 50 dollars per month for minimal access. You have to sign multi year contracts with "cost of living adjustments" of 2-7% depending. I could go on and on. I want to do something for this and if anyone is interested in making something let me know.
I have to sort of agree here too. At first, I thought it was an abomination, however, I have gotten used to it so much that I miss GNOME 3 when I am not using it. I think to call it anything other than a public technology preview release is lying. It crashes frequently, the customization is there but not easily available, sometimes it is not consistent, etc.. But, it needs to stop advertising 3.0. I don't think there was a groundswell to immediately switch everything, and the should have treated it as such because high profile users that influence things are going to do stuff like this.
I think I am going to call BS on this. There are a lot of small business groups that will give you free advice on all that stuff in most communities, not to mention if you speak with an attorney or an accountant when you incorporate or choose not to incorporate, you should get a good head start on that advice. I can only speak for Florida, but the main limitation is that you can't actually do it cheaper than your 3rd or 2nd world manufacturing hub. I'll give you a real world example. I ran a business for a few years that gave away shaker cups with certain purchases. We were by no means a large outfit with minimal startup money 10-30k. But, we made a conscious decision to offer some branded merchandise for free or low cost. So we looked to US companies to get a shaker cup with our logo on the side, the lowest price quoted in the volume we needed was $1.50/cup. You are thinking, "hey that is a great deal, right?" Wrong, we went direct to the mainland Chinese manufacturer and got the literal same cups for $ 0.25. After shipping, and import duties, the total cost was $0.35-$0.55 depending on how we calculated it. We are not talking about amazingly complex item here, but as you can see we could really afford to give the dang things away. And we sold them for 6 dollars. I think the few hundred we actually sold paid for the whole batch. That is what local industry is up against. To be honest, it probably should not be cheaper to make a shaker cup in mainland China and ship it to the united states; I realize that is a loaded judgment, but intuitively it makes no sense. Figure out the solution, and you have solved many geopolitical problems.
I wanted to telephone our good friends at the Netflix to let them know that 2 short years ago I had a 3 DVD at a time unlimited streaming plan that charged $16.98 per month. At the same price point I have successively lost 1 DVD per year. That means in two years I will have to start lending Netflix DVDs from my own collection. There was a problem with my telephone call, "Netflix is experiencing unexpected call volume please call back later. ." Somewhere a pencil-necked accountant or MBA is about to be fired. My account can't change until my September billing, however, if there is no drastic improvement to the available streaming content we can kiss my 10 years or so membership good-bye.
I think the difference with Android and iOS is that Google and Apple don't buy out the good developers. It seems like RIM consistently does it, and then makes it a part of their OS. This stinks of the Microsoft embrace and extend approach to development of a platform. To be frank, blackberries don't "need" many apps. They are designed to be mobile E-mail/Contact Convergence platforms for corporations that use Exchange or Domino server infrastructure. So when things like Twitter apps or Web Browsers are made by others that work in a way that can be integrated to this existing infrastructure, RIM buys the good ones and makes it part of the approved platform. This works really well for things like enforcing copy and paste consistency, or adding/updating contacts consistency. Those are both really really big problems in iOS and Android. Additionally, multitasking seems to save state correctly (I am looking at you android browser and contact manager). While it is fun to pick-up the girlfriend's Samsung and shoot some birds at some swine, when I try to switch between a browser and a contact manager to add contact information, or make a selection of an address to add to a contact, I don't have to start all over on my Blackberry Curve, but I do on her Samsung. It makes me cry sometimes how little integration tasks I am used to on the Blackberry are completely missing on the iOS and Android platforms, since the others have so much more overall potential. But RIM has a decade head-start or so, so they should probably worry they will go the way of the PalmOS if they don't get their act together.
After watching that video, I am sick and tired of being referred to as a consumer, and not a customer. Unless we are in an economics lecture, or a corporate board room, I think it's truly impolite and frankly condescending to refer to someone that tries to make regular use of your goods and services as a consumer. When did we let this word weasel into our collective vocabulary? I think DIY can be summed up into two camps: 1) I want to learn how something works and I might as well make something fun and cool. 2) I am tired of being charged 5000% markup on something relatively simple, and will just do it myself thank you kindly I think neither of these camps is a market for folks that are willing to open their wallet. Are they trying for economies of scale? If so maybe you should call DIY people enthusiasts instead of consumers. You can't consume Do-it-Yourself. I guess you could eat yourself. So then, is Radio Shack advocating cannibalism?
I think this is actually a very revealing comment. The iOS and Android platforms are solving problems that RIM solved a long time ago, in that you can actually control permissions in each application on a micro level instead of accepting a battery of permissions or nothing. I think these kinds of options will come with the maturity of the platforms, like cut and paste and tighter messaging integration. Unfortunately, the average user will still press accept all and call it a day, but at least offer the option. Maybe we need to really do a Public Service campaign to let people know that whether it is a walled garden or an open marketplace, companies will try to get the most that you will let them.
Actually yes you are. Bomb making is an "ultra-hazardous" activity. In most jurisdictions you would have strict liability for all damages. IAaL and you can bank on that legal opinion for that hypothetical case. The fact that it was labeled Ham dinner probably makes it even worse for you, in that there would be less of an argument for contributory negligence from said thief to reduce your damages. This is why people that do dangerous things have expensive insurance and charge a lot to do said things.
Which is why you would have to be special to think that putting it all in one bank is a good idea. Once you reach the limit, there are other banks.
Your comment is probably not far from the actual defense, except that the ABA controls approximately 0 lawyers rules. They make suggestions that real bar associations adopt if they feel like it. Kinda like a suggested rules. The local rules for the court would apply.
JeffK is that you?
Thank you for saying what I have been thinking my entire life. I recall this being Obama's Katrina in many media outlets. More evidence that politics == religion returns true.