One District Court judge, yes. At least in the initial stages. After he makes his decision, either party may appeal to the Court of Appeals. There, you're before a 3-judge panel, or, when it's particularly important, the entire Court (9 or 11 judges, I don't remember). If you make it to the Supreme Court (not likely), you're before the current number of 9, unless there are recusals.
If it's true that there is federal law preempting states from applying their own, then it probably won't go to the Supreme Court; the District Court would decide one way or another (probably against NY), the Court of Appeals would decide for Vonage, and the Supreme Court would deny certiorari. This isn't complex, novel, or important enough for the Supreme Court to get involved.
Actually, by waiting so long, the statute of limitations may have run and he may not be able to make a case at all. For restitution claims (the only cognizable claim that I can think of off the cuff) the statute of limitations is around 3 - 7 years in most states. That should start running from the time of notice. When did Google become popular?
While you're partially right in saying that it doesn't matter who's right when it comes to winning a case (really, it depents more on quality of attorney), you're wayyy off when it comes to your rant against lawyers.
Remember, lawyers work for clients; it's their professional responsibility to represent them fully and by every legal means possible. If the client (here, the RIAA) wants to stop filesharing and they want to take a course of litigation, the lawyers must serve or quit (and even that's difficult in terms of professional responsibility).
I wholeheartedly disagree with the RIAA's stance and it's tactics, but it's not the lawyers' fault that they must do their clients' bidding.
As for the "Age of Lawyers" and the "new American nobility," I don't even knot where to start. As it is, there are not enough fully-competant lawyers. The good ones get grabbed by big firms that can pay a lot, leaving the masses with sub-par representation. Courtrooms are having trouble keeping up with the caseload; there aren't enough judges to handle.
Lawyers aren't nobility; it's the corporations and the CEOs that are. Lawyers are here to serve. They're traditionally not even allowed to advertise. Sure, some make a pretty penny, but that's usually while working 60+ hours/wk.. There are also a huge number of lawyers who aren't so well off, especially those who manage their own first.
Finally, remember: lawyers don't sue; clients do. This is the RIAA's fault, the film industry's (and, truth be told, the downloaders are more than a little to blame).
Minors may enter into binding contracts, there's nothing stopping them from doing so. The difference is that minors' contracts are usually voidable to the loss of the non-minor party to the contract. The exception is for "necessaries," something like necessities, but more stringent (i.e. when there's another source for a necessity, it's not a necessary). All of this is based on Anglo-American jurisprudence.
Essentially, if you're under 18, you can make any contract, hold the other party to it, etc., but (exceptions aside) you can always get out of your obligations.
The big deal is that Linus et al. don't wan't to be responsible for crashes caused by drivers that aren't easily fixable. The Kernel tainted bit really isn't about licencing and ideology; it's about claiming no responsibility.
I don't give AT&T Wireless any credit whatsoever. For God's sake! They can't even figure out how to properl set the time on their towers.
In the Boston area, they reset the time for their towers by setting the clocks forward one hour at Daylight Savings Time (as opposed to properly setting the "Daylight Savings Time flag). Now whenever you use Cingular's network, you get the proper settings, but as soon as you go bact to AT&T, it puts you an hour ahead on wintertime hours.
It was founded 301 years ago as St. Petersburg (this was the time of Peter the Great - Imperial Russia); later, during World War I, It became Petrograd; then came the Bolsheviki and Leningrad arose in 1924 - when Lenin died. Now, It's St. Petersburg again.
Won't work, even with antiquated mechanical switches. Phone lines are traditionally connected to lightning protectors to save the switches from (as if you couldn't have guessed) lightning strikes at endpoints. Usually the protectors were part of the frame where you run patches from switch ports to the actual cables that hold X pairs.
I would think that the "violent criminal" bit could be unconstitutional. This is assuming that they're refering to ex-cons; I don't think that a wanted violent criminal would be given a red flag, rather they'd have the police called on them.
The denial of access to public accomidations was refuted in terms of both gender and race. I know that it's constitutional to disallow felons sufferage, but I don't think that you can do much more to them (save monitoring them).
I think even Rhenquist and Scalia would be against this legislation.
Unfortunately, it'd only be precedent for Australia and perhaps influental rationale for the rest of the Commonwealth states. I doubt that there's a huge amount of Australian spam out there.
Your Miranda rights are indeed within the Constitution, just not explicitly. The Constitution was interpreted to hold certain rights which were spelt out by the Supreme Court in Miranda v. Arizona. The rights are certainly not part of statutory law, nor are they explicitly written out in the Constitution, but they are in the Constitution.
Will it matter? MS isn't exactly the speediest when it comes to releasing fixes (unless you have that non-normal-end-user agreement that big companies get). I'm sure that worms will continue to spread just as quickly; only cleanup will be a little faster.
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this seems like a possibly effective tactic for limiting the reach of the DCMA. You'd still be up shit creek on the copyright claim.
All that means is that the ISP won't be held accountable; it doesn't mean that you can't shift the blame onto a third party.
One District Court judge, yes. At least in the initial stages. After he makes his decision, either party may appeal to the Court of Appeals. There, you're before a 3-judge panel, or, when it's particularly important, the entire Court (9 or 11 judges, I don't remember). If you make it to the Supreme Court (not likely), you're before the current number of 9, unless there are recusals.
If it's true that there is federal law preempting states from applying their own, then it probably won't go to the Supreme Court; the District Court would decide one way or another (probably against NY), the Court of Appeals would decide for Vonage, and the Supreme Court would deny certiorari. This isn't complex, novel, or important enough for the Supreme Court to get involved.
Read the notice at the bottom of the download page for hfsdebug. Apparently, that's a common error and there's a fix in the works.
Actually, by waiting so long, the statute of limitations may have run and he may not be able to make a case at all. For restitution claims (the only cognizable claim that I can think of off the cuff) the statute of limitations is around 3 - 7 years in most states. That should start running from the time of notice. When did Google become popular?
While you're partially right in saying that it doesn't matter who's right when it comes to winning a case (really, it depents more on quality of attorney), you're wayyy off when it comes to your rant against lawyers.
Remember, lawyers work for clients; it's their professional responsibility to represent them fully and by every legal means possible. If the client (here, the RIAA) wants to stop filesharing and they want to take a course of litigation, the lawyers must serve or quit (and even that's difficult in terms of professional responsibility).
I wholeheartedly disagree with the RIAA's stance and it's tactics, but it's not the lawyers' fault that they must do their clients' bidding.
As for the "Age of Lawyers" and the "new American nobility," I don't even knot where to start. As it is, there are not enough fully-competant lawyers. The good ones get grabbed by big firms that can pay a lot, leaving the masses with sub-par representation. Courtrooms are having trouble keeping up with the caseload; there aren't enough judges to handle.
Lawyers aren't nobility; it's the corporations and the CEOs that are. Lawyers are here to serve. They're traditionally not even allowed to advertise. Sure, some make a pretty penny, but that's usually while working 60+ hours/wk.. There are also a huge number of lawyers who aren't so well off, especially those who manage their own first.
Finally, remember: lawyers don't sue; clients do. This is the RIAA's fault, the film industry's (and, truth be told, the downloaders are more than a little to blame).
Minors may enter into binding contracts, there's nothing stopping them from doing so. The difference is that minors' contracts are usually voidable to the loss of the non-minor party to the contract. The exception is for "necessaries," something like necessities, but more stringent (i.e. when there's another source for a necessity, it's not a necessary). All of this is based on Anglo-American jurisprudence.
Essentially, if you're under 18, you can make any contract, hold the other party to it, etc., but (exceptions aside) you can always get out of your obligations.
The big deal is that Linus et al. don't wan't to be responsible for crashes caused by drivers that aren't easily fixable. The Kernel tainted bit really isn't about licencing and ideology; it's about claiming no responsibility.
But there's no harddrive, so it can't use swap space and it has to have the whole (probably very small) filesystem in RAM.
Looking back at this, I really should have gone over my spelling and punctuation. I'm sorry.
I don't give AT&T Wireless any credit whatsoever. For God's sake! They can't even figure out how to properl set the time on their towers.
In the Boston area, they reset the time for their towers by setting the clocks forward one hour at Daylight Savings Time (as opposed to properly setting the "Daylight Savings Time flag). Now whenever you use Cingular's network, you get the proper settings, but as soon as you go bact to AT&T, it puts you an hour ahead on wintertime hours.
It was founded 301 years ago as St. Petersburg (this was the time of Peter the Great - Imperial Russia); later, during World War I, It became Petrograd; then came the Bolsheviki and Leningrad arose in 1924 - when Lenin died. Now, It's St. Petersburg again.
Won't work, even with antiquated mechanical switches. Phone lines are traditionally connected to lightning protectors to save the switches from (as if you couldn't have guessed) lightning strikes at endpoints. Usually the protectors were part of the frame where you run patches from switch ports to the actual cables that hold X pairs.
In the Portland, OR area it used to be 611, but that changed when they implemented 10-digit dialing. I'm pretty sure that 611 still works in 541.
I would think that the "violent criminal" bit could be unconstitutional. This is assuming that they're refering to ex-cons; I don't think that a wanted violent criminal would be given a red flag, rather they'd have the police called on them.
The denial of access to public accomidations was refuted in terms of both gender and race. I know that it's constitutional to disallow felons sufferage, but I don't think that you can do much more to them (save monitoring them).
I think even Rhenquist and Scalia would be against this legislation.
We're in the 21st century. Did they ever visit then?
What about those of us who prefer base 9? You're messing up our already perfect "10." =)
Unfortunately, it'd only be precedent for Australia and perhaps influental rationale for the rest of the Commonwealth states. I doubt that there's a huge amount of Australian spam out there.
I can only assume that you have been out trying to reproduce the experiment in the article.
Your Miranda rights are indeed within the Constitution, just not explicitly. The Constitution was interpreted to hold certain rights which were spelt out by the Supreme Court in Miranda v. Arizona. The rights are certainly not part of statutory law, nor are they explicitly written out in the Constitution, but they are in the Constitution.
You should note the lack of a checkmark next to that statement. It doesn't have a "Modular Design," either.
I'm willing to bet that they just started at "a," and (if successful) will just continue down the list.
They also recently said that the federal government can't touch Californians who, persuant to Califormia law, sell medical marijuana for no profit.
Will it matter? MS isn't exactly the speediest when it comes to releasing fixes (unless you have that non-normal-end-user agreement that big companies get). I'm sure that worms will continue to spread just as quickly; only cleanup will be a little faster.