Except the constitution does not place limits on actions of the government in a place. It places limits on the government's actions period. .
I live within sight of two forts at the mouth of the Niagara River in upstate New York.
Permanent fortification began with the construction of the French "Castle" of 1726 - built to look like a provincial country house straight out of the The Three Musketeers.
The Iroquois were restive and volatile - and nothing good would come in shoving the new strategic realties of the French presence down their throats.
When the English took over the gloves came off.
Fort George on what is now the Canadian side dates from the brutal border wars of 1812 - a wooden stockade that wouldn't look out of place in a John Wayne movie.
Niagara and Fort George remained active military posts until the early 1960s.
The presence and projection of power is what is an international border is all about. It is not a kind and gentle place. The game isn't played according to Hoyle or the Marquess of Queensberry rules.
The PS3 is a very cheap development environment if your target platform is the CELL processor and that must be a reason for doing it .
explain to me why you are spending time in an environment that doesn't give you full access to the graphics sub-system - and may have other significant constraints.
The president of the American Chemical Society today praised Congress as well as a coalition of science, business and education organizations for their work leading to House passage of the Higher Education Opportunity Act which supports STEM education.
ACS President Bruce Bursten, Ph.D., Dean of the College of Arts and Sciences, University of Tennessee, Knoxville said the final bill showed Congress understands the importance of STEM (science, technology, engineering, and mathematics) education programs to America's future.
"As both president of the world's largest scientific society and a university faculty member and dean, I am grateful for the bill's emphasis on improving the rigor of teacher-education programs in science and math, and the priority it places on providing incentives to encourage students to obtain STEM degrees and pursue STEM-related careers. I am especially pleased the bill takes actions to expand efforts to encourage diversity in the science and technology workforce by increasing the participation of underrepresented groups. On behalf of the more than 160,000 members of the American Chemical Society, I thank Congress for giving education policy the attention it deserves via this important bill."
In a letter to leaders of the Senate and House committees which guided the bill's passage, the American Chemical Society joined 13 other science, education, and business organization in praising the "outstanding bipartisan leadership" of Congress on this issue.
This is the story that will be reprinted by his campaign.
Senators serve six-year terms that are staggered so elections are held for a third of the seats (a class) every second year. United States Senate
The Senate is quite deliberately structured to filter out the background noise - so that it can focus on what is central and not peripheral.
The odds are quite good that you will out of school and have other things to think about before your Senator comes up for relection. Your threat is just so much hot air.
Free music in the dorms is never going to rank high on his list of priorites.
You can tell America has been bought and paid for when the government is willing to sacrifice the next generation's education so that the copyright of big corporations is no longer infringed upon. .
You can tell where a student's priorities are when he values his free music fix more than funding for his school.
Not only is amateur radio restricted to non commercial uses - meaning important things like NO ADS ALLOWED more than simply no generation of profit for sending over those frequencies. However, it's also "no vulgarity", and "no encryption" as well. .
not to mention the geek's blithe ignorance of geography.
the Navajo Nation is 26,000 square miles in size, with a population density of about 7 people per square mile. desert icons like Monument Valley are to be found there.
Granny is not the victim - the incontinent - drooling - rocking-chair stereotype the Geek chooses to project.
These days Granny is sitting on the Bench.
Little Red Riding Hood has got herself a Wii and is whooping it up in the basement with the Big Bad Wolf - and don't think for a moment she doesn't know it.
The appellate judge is quite deliberately from the removed from the pumped-up moral outrage and melodrama of the courtroom. It is perhaps just as well, because he has every reason to be cynical.
you would have discovered that the cable would be managed and maintained by a management company. .
so you pay $3000 up front for the install ---
+ plus a monthly - unregulated - maintenance fee
from a company that that doesn't have an interstate fleet of trucks and repair crews. every time your street floods and you lose service, it's Hurricane Katrina. "we will get there when we get there."
+ plus the bill from an ISP who has his nothing much to gain in the long run from undercutting his nominal competitors.
And, Wu notes, a fiber connection will probably sell with the house; a couple thousand dollars is a pittance compared with the amounts many customers pay for remodeled kitchens and bathrooms, new windows, and the like. .
If you are looking for a return when it comes time to sell your house... all I can tell you is that the odds are better in Lotto.
The choices you make in tech - like those you make in interior design - are personal. The buyer sees your dream house, not their dream house.
We all know, though, that the government has a very strange way of interpreting the constitution sometimes. .
You aren't in the US until you are cleared for entry. You aren't out of Canada until you are cleared for exit.
The international border has always been a legal Limbo, always a place where executive and administrative decisions pre-dominate, always a place where the courts have had a very limited say.
Quoting the Fourth Amendment simply isn't of much help to you here.
Unlike commercial software, where more users means more revenue, the opposite is true. .
Firefox is supported by Google. OpenOffice.org by Sun. Neither are charities. Sun is paying whatever it takes to strengthen its position on the enterprise desktop. Google expects to hear lots and lots of add-clicks.
The numbers keep climbing or their money goes elsewhere.
The more users you've got, the more you're spending to serve them(Bandwidth isn't free), the more effort you've got to expend to meet their demands. Further, the less resources you have to focus on individual issues.
The more users you have, the more likely you are meeting their needs and not your own. Its trivially easy to cut your bandwidth and support costs to nothing, if that is what you really want.
If there was a federal law saying you can't sue over video game content, NO MATTER WHAT, this game would have been released as intended. .
Nintendo sells a console for family oriented social gaming.
Nintendo doesn't need or want a well-publicized association with the frat party beer blast - which it would get from the day the game was first announced.
In fact, I've got MS Office functionality, whether I'm connected or not, for FREE, because I use OpenOffice.org. .
What you have are the components integrated into OpenOffice.org.
"MS Office" is a bundle of products and services which can take many different forms.
OpenOffice.org isn't Outlook or Sharepoint. It isn't OneNote or Publisher.
OpenOffice.org isn't MS Office Online - with its tutorials, templates, clip art, etc. OpenOffice.org isn't supported by the countless third party apps which integrate more or less seamlessly with Office.
Uh, who cares? Why does any FOSS developer need to extract any money at all? .
The programmer tends to be one dimensional.
He may understand the mechanics of an RPG - on a purely technical level, he may know how to craft the illusions of an open world in a game like GTA.
That does not make him a master of dialog, character, and action, an actor, an animator, a prop modeler, a background artist, a specialist in visual effects, a composer, a musician....
The problem becomes one of scale and complexity.
You need to keep the project on track. You need management. Legal advice.
You need to recruit and motivate talent outside your own field. You need to offer the familiar - and mundane - rewards of a weekly paycheck.
I'm pretty sure the post office steps on private property every time they go up on my porch to deliver a letter. The same with Fedex, UPS, tax appraiser and utility workers. .
The post box is where you mounted it.
Implied consent.
You can rent a box downtown for that shrink wrapped copy of Hustler you don't want the neighbors to see.
FedEx ships to the address you gave Amazon.com.
The government worker has statutory authority, if it is a matter of public safety the utility worker has that as well. He can also argue contract and consent.
No access means no water, no sewage line.
No gas, no electricity, no phone service, no cable TV.
I don't want to seem dense, but I have wondered for a while why we don't see far more inexpensive laptops. you'd think that someone would be able to manufacture a pretty decent system for web-surfing and word-processing (and what not) at a price that was amazingly affordable. a $200 laptop could really change things. .
Firefox needs an Internet connection.
OpenOffice.org needs a printer. The printer needs ink and the printer needs paper....and so it goes.
The core market for the PC is inherently middle class - the middle class can always afford something better than entry level - and the retailer sees healthier margins and stronger after-market sales.
That is why the ratio of OEM Vista to OEM Linux at Walmart.com remains 50 to 1.
The Compaq Vista Basic desktop PC at Walmart.com starts at $349 with 2 GB RAM. The step-up from the Celeron to the dual core Vista Premium system is $200.
Sun has spent almost ten years and two or three hundred million dollars trying to hammer Star Office and OpenOffice.org into a plausible alternative to MS Office.
Microsoft just keeps moving the goal posts.
The mix will vary depending on the target audience - but there will always be one or two pieces that FOSS doesn't have - at least not in so mature and accessible a form.
The student gets OneNote, the church gets Outlook and Publisher.
The geek always underestimates Microsoft's willingness to compete on price. Microsoft sold MS-DOS for $44 in 1980. Two hundred dollars below the price of CP/M 86.
There are by some estimates a billion Windows users on the planet.
Microsoft doesn't need a $1000/yr/user to maintain its current revenues - it only needs $60/yr. $5/mo.
Think about those numbers and ask yourself how many FOSS developers have a reasonable prospect of extracting $5 a month from their mass-market user base - - which one hopes that - when you past the marque projects like Firefox and Frozen Bubble - is not an oxymoron.
I wonder... where do you keep your money? Banks are companies, as are brokerages. .
The banker is not a blabbermouth.
He isn't looking over my shoulder whenever I dictate a letter.
He isn't reading our internal reports and planning documents - and - no matter how richly deserved - he isn't feeding the minutes of our daily conference calls to Scott Adams and The Simpsons.
Article 2(1) defines an offense as an extraditable offense if the conduct on which the offense is based is punishable under the laws in both States by deprivation of liberty for a period of one year or more or by a more severe penalty...
As the old Treaty does...the new Treaty further defines an extraditable offense as including an attempt or a conspiracy to commit, participation in the commission of, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to any offense...
Regarding offenses committed outside the territory of the Requesting State, Article 2(4) provides that extradition shall be granted in accordance with the provisions of the Treaty if the laws in the Requested State provide for the punishment of such conduct committed outside its territory in similar circumstances. If the laws in the Requested State do not provide for the punishment of such conduct committed outside of its territory in similar circumstances, the executive authority of the Requested State, in its discretion, may grant extradition provided that all other requirements of the Treaty are met.
As is customary in extradition treaties, paragraph 1 provides that extradition shall not be granted if the offense for which extradition is requested constitutes a political offense.
Article 4(2) specifies seven categories of offenses that shall not be considered to be political offenses: (a) an offense for which both Parties have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution; (b) a murder or other violent crime against the person of a Head of State of one of the Parties, or of a member of the Head of State's family; (c) murder, manslaughter, malicious wounding, or inflicting grievous bodily harm; (d) an offense involving kidnapping, abduction, or any form of unlawful detention, including the taking of a hostage; (e) placing or using, or threatening the placement or use of, an explosive, incendiary, or destructive device or firearm capable of endangering life, of causing grievous bodily harm, or of causing substantial property damage; (f) possession of an explosive, incendiary, or destructive device capable of endangering life, of causing grievous bodily harm, or of causing substantial property damage; and (g) an attempt or a conspiracy to commit, participation in the commission of, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to any of the foregoing offenses...
Article 4(3) requires that, notwithstanding the terms of paragraph 2, extradition shall not be granted if the competent authority of the Requested State determines that the request is politically motivated. In the United States, the executive branch is the competent authority for the purposes of the Article. Like all other modern extradition treaties, the new Treaty grants the executive branch rather than the judiciary the authority to determine whether a request is politically motivated.
Critics have claimed the new Treaty threatens the due process rights of Americans by eliminating the role of the courts in reviewing whether extradition should be denied because the offense for which the fugitive is sought is a political offense. This criticism confuses the "political offense" and "political motivation" provisions in that Treaty. Under the new Treaty, as under the existing treaty, U.S. courts will continue to assess whether an offense for which extradition has been requested is a political offense. This inquiry is undertaken when determining whether the offense for which a Requesting State has sought a fugitive's extradition is an extraditable offense. In contrast, under the new Treaty, the Executive Branch would determine whether an extradition reques
.
I live within sight of two forts at the mouth of the Niagara River in upstate New York.
Permanent fortification began with the construction of the French "Castle" of 1726 - built to look like a provincial country house straight out of the The Three Musketeers.
The Iroquois were restive and volatile - and nothing good would come in shoving the new strategic realties of the French presence down their throats.
When the English took over the gloves came off.
Fort George on what is now the Canadian side dates from the brutal border wars of 1812 - a wooden stockade that wouldn't look out of place in a John Wayne movie.
Niagara and Fort George remained active military posts until the early 1960s.
The presence and projection of power is what is an international border is all about. It is not a kind and gentle place. The game isn't played according to Hoyle or the Marquess of Queensberry rules.
.
explain to me why you are spending time in an environment that doesn't give you full access to the graphics sub-system - and may have other significant constraints.
.
Chemical Society President Praises House Passage of Higher Education Act
The president of the American Chemical Society today praised Congress as well as a coalition of science, business and education organizations for their work leading to House passage of the Higher Education Opportunity Act which supports STEM education.
ACS President Bruce Bursten, Ph.D., Dean of the College of Arts and Sciences, University of Tennessee, Knoxville said the final bill showed Congress understands the importance of STEM (science, technology, engineering, and mathematics) education programs to America's future.
"As both president of the world's largest scientific society and a university faculty member and dean, I am grateful for the bill's emphasis on improving the rigor of teacher-education programs in science and math, and the priority it places on providing incentives to encourage students to obtain STEM degrees and pursue STEM-related careers. I am especially pleased the bill takes actions to expand efforts to encourage diversity in the science and technology workforce by increasing the participation of underrepresented groups. On behalf of the more than 160,000 members of the American Chemical Society, I thank Congress for giving education policy the attention it deserves via this important bill."
In a letter to leaders of the Senate and House committees which guided the bill's passage, the American Chemical Society joined 13 other science, education, and business organization in praising the "outstanding bipartisan leadership" of Congress on this issue.
This is the story that will be reprinted by his campaign.
Senators serve six-year terms that are staggered so elections are held for a third of the seats (a class) every second year. United States Senate
The Senate is quite deliberately structured to filter out the background noise - so that it can focus on what is central and not peripheral.
The odds are quite good that you will out of school and have other things to think about before your Senator comes up for relection. Your threat is just so much hot air.
Free music in the dorms is never going to rank high on his list of priorites.
.
You can tell where a student's priorities are when he values his free music fix more than funding for his school.
.
I find a link more persuasive than a bald assertion of fact. Particularly when I see a mod up to +4.
.
allow me to introduce you to the geography of the 26,000 square mile Navajo Nation
.
not to mention the geek's blithe ignorance of geography.
the Navajo Nation is 26,000 square miles in size, with a population density of about 7 people per square mile. desert icons like Monument Valley are to be found there.
.
Granny is not the victim - the incontinent - drooling - rocking-chair stereotype the Geek chooses to project.
These days Granny is sitting on the Bench.
Little Red Riding Hood has got herself a Wii and is whooping it up in the basement with the Big Bad Wolf - and don't think for a moment she doesn't know it.
The appellate judge is quite deliberately from the removed from the pumped-up moral outrage and melodrama of the courtroom. It is perhaps just as well, because he has every reason to be cynical.
.
so you pay $3000 up front for the install ---
+ plus a monthly - unregulated - maintenance fee
from a company that that doesn't have an interstate fleet of trucks and repair crews.
every time your street floods and you lose service, it's Hurricane Katrina. "we will get there when we get there."
+ plus the bill from an ISP who has his nothing much to gain in the long run from undercutting his nominal competitors.
.
If you are looking for a return when it comes time to sell your house... all I can tell you is that the odds are better in Lotto.
The choices you make in tech - like those you make in interior design - are personal. The buyer sees your dream house, not their dream house.
.
You aren't in the US until you are cleared for entry. You aren't out of Canada until you are cleared for exit.
The international border has always been a legal Limbo, always a place where executive and administrative decisions pre-dominate, always a place where the courts have had a very limited say.
Quoting the Fourth Amendment simply isn't of much help to you here.
.
Firefox is supported by Google. OpenOffice.org by Sun. Neither are charities. Sun is paying whatever it takes to strengthen its position on the enterprise desktop. Google expects to hear lots and lots of add-clicks.
The numbers keep climbing or their money goes elsewhere.
The more users you've got, the more you're spending to serve them(Bandwidth isn't free), the more effort you've got to expend to meet their demands. Further, the less resources you have to focus on individual issues.
The more users you have, the more likely you are meeting their needs and not your own. Its trivially easy to cut your bandwidth and support costs to nothing, if that is what you really want.
.
Nintendo sells a console for family oriented social gaming.
Nintendo doesn't need or want a well-publicized association with the frat party beer blast - which it would get from the day the game was first announced.
.
What you have are the components integrated into OpenOffice.org.
"MS Office" is a bundle of products and services which can take many different forms.
OpenOffice.org isn't Outlook or Sharepoint. It isn't OneNote or Publisher.
OpenOffice.org isn't MS Office Online - with its tutorials, templates, clip art, etc. OpenOffice.org isn't supported by the countless third party apps which integrate more or less seamlessly with Office.
.
The programmer tends to be one dimensional.
He may understand the mechanics of an RPG - on a purely technical level, he may know how to craft the illusions of an open world in a game like GTA.
That does not make him a master of dialog, character, and action,
an actor, an animator, a prop modeler, a background artist, a specialist in visual effects,
a composer, a musician....
The problem becomes one of scale and complexity.
You need to keep the project on track. You need management. Legal advice.
You need to recruit and motivate talent outside your own field. You need to offer the familiar - and mundane - rewards of a weekly paycheck.
.
It's ok by me if MasterCard bills you. It's a little late for my birthday, but thanks for remembering.
.
That is cold comfort when the doc is plucking buckshot out of your backside - and a local jury proves singularly unsympathetic to your tale of woe.
.
According to local law, customs and traditions.
The Google logo on your cap isn't worth s--t when you intrude on a mosque in Mecca or Medina - or the property of a cattleman in Texas.
His double-barreled shotgun will teach you some manners.
.
The post box is where you mounted it.
Implied consent.
You can rent a box downtown for that shrink wrapped copy of Hustler you don't want the neighbors to see.
FedEx ships to the address you gave Amazon.com.
The government worker has statutory authority, if it is a matter of public safety the utility worker has that as well. He can also argue contract and consent.
No access means no water, no sewage line.
No gas, no electricity, no phone service, no cable TV.
.
Firefox needs an Internet connection.
OpenOffice.org needs a printer. The printer needs ink and the printer needs paper....and so it goes.
The core market for the PC is inherently middle class - the middle class can always afford something better than entry level - and the retailer sees healthier margins and stronger after-market sales.
That is why the ratio of OEM Vista to OEM Linux at Walmart.com remains 50 to 1.
The Compaq Vista Basic desktop PC at Walmart.com starts at $349 with 2 GB RAM. The step-up from the Celeron to the dual core Vista Premium system is $200.
.
Why the hell would they want to do that?
Sun has spent almost ten years and two or three hundred million dollars trying to hammer Star Office and OpenOffice.org into a plausible alternative to MS Office.
Microsoft just keeps moving the goal posts.
The mix will vary depending on the target audience - but there will always be one or two pieces that FOSS doesn't have - at least not in so mature and accessible a form.
The student gets OneNote, the church gets Outlook and Publisher.
The geek always underestimates Microsoft's willingness to compete on price. Microsoft sold MS-DOS for $44 in 1980. Two hundred dollars below the price of CP/M 86.
There are by some estimates a billion Windows users on the planet.
Microsoft doesn't need a $1000/yr/user to maintain its current revenues - it only needs $60/yr. $5/mo.
Think about those numbers and ask yourself how many FOSS developers have a reasonable prospect of extracting $5 a month from their mass-market user base - -
which one hopes that - when you past the marque projects like Firefox and Frozen Bubble -
is not an oxymoron.
.
The banker is not a blabbermouth.
He isn't looking over my shoulder whenever I dictate a letter.
He isn't reading our internal reports and planning documents - and - no matter how richly deserved - he isn't feeding the minutes of our daily conference calls to Scott Adams and The Simpsons.
.
Rule No. 1.
When your system are penetrated you do a full forensic analysis and rebuild from there.
Rule No. 2.
There are no exceptions to Rule No. 1
.
Why is it that the geek that the geek thinks that rape is treated lightly in the federal courts - which try these cases only rarely?
.
Explain to me what is one-sided about the treaty:
Article 2(1) defines an offense as an extraditable offense if the conduct on which the offense is based is punishable under the laws in both States by deprivation of liberty for a period of one year or more or by a more severe penalty...
As the old Treaty does...the new Treaty further defines an extraditable offense as including an attempt or a conspiracy to commit, participation in the commission of, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to any offense...
Regarding offenses committed outside the territory of the Requesting State, Article 2(4) provides that extradition shall be granted in accordance with the provisions of the Treaty if the laws in the Requested State provide for the punishment of such conduct committed outside its territory in similar circumstances. If the laws in the Requested State do not provide for the punishment of such conduct committed outside of its territory in similar circumstances, the executive authority of the Requested State, in its discretion, may grant extradition provided that all other requirements of the Treaty are met.
As is customary in extradition treaties, paragraph 1 provides that extradition shall not be granted if the offense for which extradition is requested constitutes a political offense.
Article 4(2) specifies seven categories of offenses that shall not be considered to be political offenses: (a) an offense for which both Parties have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution; (b) a murder or other violent crime against the person of a Head of State of one of the Parties, or of a member of the Head of State's family; (c) murder, manslaughter, malicious wounding, or inflicting grievous bodily harm; (d) an offense involving kidnapping, abduction, or any form of unlawful detention, including the taking of a hostage; (e) placing or using, or threatening the placement or use of, an explosive, incendiary, or destructive device or firearm capable of endangering life, of causing grievous bodily harm, or of causing substantial property damage; (f) possession of an explosive, incendiary, or destructive device capable of endangering life, of causing grievous bodily harm, or of causing substantial property damage; and (g) an attempt or a conspiracy to commit, participation in the commission of, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to any of the foregoing offenses...
Article 4(3) requires that, notwithstanding the terms of paragraph 2, extradition shall not be granted if the competent authority of the Requested State determines that the request is politically motivated. In the United States, the executive branch is the competent authority for the purposes of the Article. Like all other modern extradition treaties, the new Treaty grants the executive branch rather than the judiciary the authority to determine whether a request is politically motivated.
Critics have claimed the new Treaty threatens the due process rights of Americans by eliminating the role of the courts in reviewing whether extradition should be denied because the offense for which the fugitive is sought is a political offense. This criticism confuses the "political offense" and "political motivation" provisions in that Treaty. Under the new Treaty, as under the existing treaty, U.S. courts will continue to assess whether an offense for which extradition has been requested is a political offense. This inquiry is undertaken when determining whether the offense for which a Requesting State has sought a fugitive's extradition is an extraditable offense. In contrast, under the new Treaty, the Executive Branch would determine whether an extradition reques