Fair questions. First of all, you are right about it being civil instead of criminal. No inducing criminal acts in this case.
Secondly, if they offer to buy, and he makes a counteroffer that can be proven to be in good faith (i.e. purely recouping reasonable costs) it will not necessarily establish bad faith. In fact, if all the other elements of bad faith in the statute are absent, then it probably isn't enough on its own anyway.
Finally, with all of that in mind, offering to buy the domain name is not unethical at all. No need for any Bar to step in and get involved.
The WIPO stuff still applies. In fact, international reach is the very purpose of the WIPO arbitration procedure.
As far as whether or not US law applies to him, it depends on what sort of ties he has to the US. If he never advertises or sells anything to the US, and doesn't have any other substantial ties, then they may not reach him. Still, when it comes to Trademark violations on the Internet, courts do not have a hard time justifying the reach of the law outside US borders.
Finally, MS can at the very least do an in rem procedure, which means they just sue regarding the domain name itself. (Meaning Mike won't risk anything but the loss of the domain name.) Because Verisign is in Virginia, so are the vast majority of domain names. In rem procedures are a good last resort, especially if the WIPO thing goes bad, but a US judge would agree with you.
I have it as well and highly recommend it. While I found myself skimming most of it, the book still has some excellent functions for an experienced Mac user:
Fill in the small knowledge gaps. In each chapter I found at least one or two little gems that filled in some information I didn't know.
Give it to friends and family. If you are like me, you have acquaintances who are newer Mac users. Sometimes it is better just to have them read a particular chapter of this sucker rather than spend an hour explaining it to them. I suppose these folks should just buy the book as well, but that doesn't always happen.
The attempt to profit from a domain name is a statutory element of bad faith under the Anti-Cybersquatting laws. Whether or not a person did try to profit, under the law, is something for a judge/jury to determine. It doesn't look good if you get an offer (which companies make all the time to avoid the legal costs) then make a huge, unfounded counteroffer.
Besides, if you are truly violating a trademark, it isn't like you are entitled to get your costs back. If your costs are large, a company will probably go to the WIPO for an arbitration and just take the name. That process is much cheaper than $10,000, anyway.
They could just have Mayhew grow out his hair and skip the makeup all together. It will also be the right shade of grey for playing an old Wookie.
After enjoying the accelerated release schedule of the Matrix and Lord of the Rings trilogies, it feels like I should expect a glacier to show up at the local theater before number 7 does.
Mac OS X has been a huge leap backwards in useability
I think this is an overstatement. Most of the functionality of OS 9 (and previous) is still there. The desktop, icons, windows, and applications' interface all behave essentially the same way. You can ding it for the dock and other such changes, but the truth is that many people (myself included) actually prefer those changes.
Now add improvements like centralizing control panels into the System Preferences (you could put many OS 9 control panels *anywhere*), the services menu (which is an awesome idea still highly underutilized), and greater uniformity in applications' menus (how many different places can you find an application's preferences in OS 9?) and you get some significant gains. That is not the end of list of changes for the better.
My point, I guess, is that OS X is progress, contrary to the small group of critics that is getting smaller as OS X continues to improve. In my opinion Panther is ahead of OS 9 in usability and the worst you can really call it is a trade-off.
But hacking code is only for adding/altering functionality. There is tons of this going on already by third-party developers in OS X. Go to VersionTracker and you will see what I mean. Just because you can't change the source code doesn't mean you can get done what you need to.
I don't see you making much headway as a fortune-teller, let alone a business analyst. (I know, "same difference")
I have decided that the "Apple is dying" thing is a disease. It has to be some sort of brain-inhabiting virus that just keeps moving from host to host. No matter what you do to stamp it out (facts, figures, lobotomies), it has already moved on to the next susceptible (i.e. apple-bashing, close-minded) brain. I guess we will have to live with it. It almost makes me wish Apple did die, just so these people will finally *shut up*.
(By the way, in between the PPC, iMac, and G5 you have things like the Titanium Powerbook, iMovie and all of the other amazing iApps, OS X, and, of course, the iPod and iTunes Music Store. So, yes, your theory is a bunch of garbage.)
As an alternative, how about getting over your distaste for Apple and just buy the iPod? It really is an amazing device for how simple it is. Plus, if you are in the habit of losing/breaking expensive things, maybe your alternative is some homeowner's/renter's insurance. (Alternatives to the iPod cost several hundred dollars themselves.) Just a thought.
PS- A bluetooth player would take *ages* to transfer music to. BT might be cool for controlling the device, but not for sending music to it.
Actually, the guys who made the Quicktime video hardly seem interested in the truth of it all. This article links to an interesting experience someone had with them. They don't seem to care about the truth of the issue, to the point that they are spreading disinformation and know it.
Will the support be any better now? They will probably have to employ fewer people (unless they are willing to eat some major costs to employ the same number of people). I am predicting longer hold times and no more satisfying results.
Incidentally, my mother-in-law and I were talking about this just two days ago, and she and my father-in-law decided that they will not buy any more Dells because of the support problems they had with an Indian call center.
I am a huge fan of free trade, but this is a good example of how what an exec thinks is cheaper isn't really cheaper. As another poster said, there are great things Indians do well for less money, but phone support for Dell wasn't one of them.
You're probably right on that, but that doesn't mean Apple can't sue the pants off of these morons. It's called trade libel and happens when you make false statements that are interpreted as fact about a company or its products. The laws in the each state differ, but that is the general idea.
These were obviously false statements because many (if not most) iPod batteries last longer than 18 months. These guys are screwed. When they finish paying money damages to Apple they'll wish they had just bought another frickin' iPod instead.
You would think that would be that case. When you consider that if they decide to do this for every virus, it could actually put them out of business. Here's hoping...
Your machine did reboot, you just missed it. The installer reboots after the first CD, then asks for disk 2. The stuff on disk 2 doesn't require a restart.
I noticed the same thing. I hope Apple puts pressure on Audible.com, who provides the audiobooks, to reduce their prices. Still, the Audible file format is better than CD because you can pick up where you left off just by clicking "play". That *is* cool, if not "still worth full price without a hardcopy version" cool.
They announced the PC would come by the end of the year when the Mac version came out. If you *only* bought a Mac for iTMS, then you just weren't paying enough attention. (The same is true for being outside the US.) Like another poster said, I will gladly take the Mac if you don't want it anymore.:)
Sheesh. Okay, they dumped am-utils and went to an autofs code base to get rid of the !@# $ symbolic linking in the auto-mounting, and dumped the proprietary auto.master format. (Whatever the hell any of that means.) Anything else you want me to tell you?
It was reforged and given to him when he left Rivendell, but I think what is seen in the trailer may just be part of a flashback. I don't think that is a terrible idea, because it is more topical in "Return of the King" anyway, especially when you consider that those who see the movies and don't read the book might forget the significance of Narsil.
I am a college student, married with two kids, going into international development, microfinance in particular. When I read about IT people whining about lack of opportunity, I think about the people that microfinance services. Why do Americans deserve "benefits of citizenship" when it was luck that we were born here? Why do the other posters in this thread "deserve" to be able to pay their mortgage, when most of the world has a dirt floor? You'll find an interesting perspective if you go here. According to this, living on welfare in the US puts you in the top 7-8% of the world's wealthiest people. I stand by my previous post about *whining*.
I agree with you on that, and I wouldn't suggest you try. Still, I don't doubt you are an intelligent, hard-working person who can gain a new skillset that puts you in a salary range you are comfortable with. Maybe you have one already. Steel workers across the nation had to do that sort of thing. I know its not easy, but I don't doubt you are capable of it.
Why in the world would the whole IT industry collude against skilled workers out of *spite*? Pat yourself on the back all you like by saying you are worth your weight in gold, but by saying that you specify the very reason the commoditization of IT services *is* about money. Like you said, you are *expensive*.
If you lost a job to an Indian IT worker, I suggest you *compete* instead of *whine*. (Glad I had karma to burn on this. I can't believe it got modded insightful.)
I tell people Macs are easy computers to use for "anyone". I guess the incompetent moron in that video demonstrates that I need to say "anyone but incompetent morons like this one guy I saw on the internet."
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Fair questions. First of all, you are right about it being civil instead of criminal. No inducing criminal acts in this case.
Secondly, if they offer to buy, and he makes a counteroffer that can be proven to be in good faith (i.e. purely recouping reasonable costs) it will not necessarily establish bad faith. In fact, if all the other elements of bad faith in the statute are absent, then it probably isn't enough on its own anyway.
Finally, with all of that in mind, offering to buy the domain name is not unethical at all. No need for any Bar to step in and get involved.
The WIPO stuff still applies. In fact, international reach is the very purpose of the WIPO arbitration procedure.
As far as whether or not US law applies to him, it depends on what sort of ties he has to the US. If he never advertises or sells anything to the US, and doesn't have any other substantial ties, then they may not reach him. Still, when it comes to Trademark violations on the Internet, courts do not have a hard time justifying the reach of the law outside US borders.
Finally, MS can at the very least do an in rem procedure, which means they just sue regarding the domain name itself. (Meaning Mike won't risk anything but the loss of the domain name.) Because Verisign is in Virginia, so are the vast majority of domain names. In rem procedures are a good last resort, especially if the WIPO thing goes bad, but a US judge would agree with you.
Fill in the small knowledge gaps. In each chapter I found at least one or two little gems that filled in some information I didn't know.
Give it to friends and family. If you are like me, you have acquaintances who are newer Mac users. Sometimes it is better just to have them read a particular chapter of this sucker rather than spend an hour explaining it to them. I suppose these folks should just buy the book as well, but that doesn't always happen.
The attempt to profit from a domain name is a statutory element of bad faith under the Anti-Cybersquatting laws. Whether or not a person did try to profit, under the law, is something for a judge/jury to determine. It doesn't look good if you get an offer (which companies make all the time to avoid the legal costs) then make a huge, unfounded counteroffer.
Besides, if you are truly violating a trademark, it isn't like you are entitled to get your costs back. If your costs are large, a company will probably go to the WIPO for an arbitration and just take the name. That process is much cheaper than $10,000, anyway.
They could just have Mayhew grow out his hair and skip the makeup all together. It will also be the right shade of grey for playing an old Wookie.
After enjoying the accelerated release schedule of the Matrix and Lord of the Rings trilogies, it feels like I should expect a glacier to show up at the local theater before number 7 does.
I think this is an overstatement. Most of the functionality of OS 9 (and previous) is still there. The desktop, icons, windows, and applications' interface all behave essentially the same way. You can ding it for the dock and other such changes, but the truth is that many people (myself included) actually prefer those changes.
Now add improvements like centralizing control panels into the System Preferences (you could put many OS 9 control panels *anywhere*), the services menu (which is an awesome idea still highly underutilized), and greater uniformity in applications' menus (how many different places can you find an application's preferences in OS 9?) and you get some significant gains. That is not the end of list of changes for the better.
My point, I guess, is that OS X is progress, contrary to the small group of critics that is getting smaller as OS X continues to improve. In my opinion Panther is ahead of OS 9 in usability and the worst you can really call it is a trade-off.
But hacking code is only for adding/altering functionality. There is tons of this going on already by third-party developers in OS X. Go to VersionTracker and you will see what I mean. Just because you can't change the source code doesn't mean you can get done what you need to.
I don't see Apple surviving past 2005.
I don't see you making much headway as a fortune-teller, let alone a business analyst. (I know, "same difference")
I have decided that the "Apple is dying" thing is a disease. It has to be some sort of brain-inhabiting virus that just keeps moving from host to host. No matter what you do to stamp it out (facts, figures, lobotomies), it has already moved on to the next susceptible (i.e. apple-bashing, close-minded) brain. I guess we will have to live with it. It almost makes me wish Apple did die, just so these people will finally *shut up*.
(By the way, in between the PPC, iMac, and G5 you have things like the Titanium Powerbook, iMovie and all of the other amazing iApps, OS X, and, of course, the iPod and iTunes Music Store. So, yes, your theory is a bunch of garbage.)
As an alternative, how about getting over your distaste for Apple and just buy the iPod? It really is an amazing device for how simple it is. Plus, if you are in the habit of losing/breaking expensive things, maybe your alternative is some homeowner's/renter's insurance. (Alternatives to the iPod cost several hundred dollars themselves.) Just a thought. PS- A bluetooth player would take *ages* to transfer music to. BT might be cool for controlling the device, but not for sending music to it.
Actually, the guys who made the Quicktime video hardly seem interested in the truth of it all. This article links to an interesting experience someone had with them. They don't seem to care about the truth of the issue, to the point that they are spreading disinformation and know it.
Will the support be any better now? They will probably have to employ fewer people (unless they are willing to eat some major costs to employ the same number of people). I am predicting longer hold times and no more satisfying results.
Incidentally, my mother-in-law and I were talking about this just two days ago, and she and my father-in-law decided that they will not buy any more Dells because of the support problems they had with an Indian call center.
I am a huge fan of free trade, but this is a good example of how what an exec thinks is cheaper isn't really cheaper. As another poster said, there are great things Indians do well for less money, but phone support for Dell wasn't one of them.
You're probably right on that, but that doesn't mean Apple can't sue the pants off of these morons. It's called trade libel and happens when you make false statements that are interpreted as fact about a company or its products. The laws in the each state differ, but that is the general idea.
These were obviously false statements because many (if not most) iPod batteries last longer than 18 months. These guys are screwed. When they finish paying money damages to Apple they'll wish they had just bought another frickin' iPod instead.
You would think that would be that case. When you consider that if they decide to do this for every virus, it could actually put them out of business. Here's hoping...
Subtlety, though a rare trait among trolls, still exists. The homo/mac thing is not only a troll, but a thick-skulled one.
Your machine did reboot, you just missed it. The installer reboots after the first CD, then asks for disk 2. The stuff on disk 2 doesn't require a restart.
I noticed the same thing. I hope Apple puts pressure on Audible.com, who provides the audiobooks, to reduce their prices. Still, the Audible file format is better than CD because you can pick up where you left off just by clicking "play". That *is* cool, if not "still worth full price without a hardcopy version" cool.
I hope you don't talk to girls like that. Oh, wait, Slashdot. I forgot...
They announced the PC would come by the end of the year when the Mac version came out. If you *only* bought a Mac for iTMS, then you just weren't paying enough attention. (The same is true for being outside the US.) Like another poster said, I will gladly take the Mac if you don't want it anymore. :)
Sheesh. Okay, they dumped am-utils and went to an autofs code base to get rid of the !@# $ symbolic linking in the auto-mounting, and dumped the proprietary auto.master format. (Whatever the hell any of that means.) Anything else you want me to tell you?
It was reforged and given to him when he left Rivendell, but I think what is seen in the trailer may just be part of a flashback. I don't think that is a terrible idea, because it is more topical in "Return of the King" anyway, especially when you consider that those who see the movies and don't read the book might forget the significance of Narsil.
I am a college student, married with two kids, going into international development, microfinance in particular. When I read about IT people whining about lack of opportunity, I think about the people that microfinance services. Why do Americans deserve "benefits of citizenship" when it was luck that we were born here? Why do the other posters in this thread "deserve" to be able to pay their mortgage, when most of the world has a dirt floor? You'll find an interesting perspective if you go here. According to this, living on welfare in the US puts you in the top 7-8% of the world's wealthiest people. I stand by my previous post about *whining*.
I agree with you on that, and I wouldn't suggest you try. Still, I don't doubt you are an intelligent, hard-working person who can gain a new skillset that puts you in a salary range you are comfortable with. Maybe you have one already. Steel workers across the nation had to do that sort of thing. I know its not easy, but I don't doubt you are capable of it.
Good idea. In fact let's also raise tariffs on cars, TVs, computer hardware components, and anything else that the US competes in.
What's that? You don't want to pay higher prices for those things?
Tariffs make products more expensive and lower quality. I have to doubt that IT is exempt from that.
Why in the world would the whole IT industry collude against skilled workers out of *spite*? Pat yourself on the back all you like by saying you are worth your weight in gold, but by saying that you specify the very reason the commoditization of IT services *is* about money. Like you said, you are *expensive*.
If you lost a job to an Indian IT worker, I suggest you *compete* instead of *whine*. (Glad I had karma to burn on this. I can't believe it got modded insightful.)
I tell people Macs are easy computers to use for "anyone". I guess the incompetent moron in that video demonstrates that I need to say "anyone but incompetent morons like this one guy I saw on the internet."