Clearly their "evidence" of infringement is highly suspect, and they're basically either too lazy, incapable, or it's illegal, for them to have any real evidence. I hope now everyone will use this to show that BayTSP doesn't know what the hell they're talking about, and should be ignored, or discounted, from now on.
I know of a couple exceptionally talented programmers that couldn't even get an offer from MS. And now Bill Gates is saying he needs to import foreign workers because he can't find US workers for $100K jobs. Fraud!
In the other dismissals that the court looked at, Priority and Darwin in particular, attorney's fees weren't granted on the theory that the direct infringement suit against the owner of the Internet account was initially reasonable. THIS SHOULD NOT BE ALLOWED TO STAND IN ANY FUTURE CASE. Why? By now, there are many examples where the likely actual likely infringer is NOT the owner of the Internet account traced by Media Sentry. One cannot reasonably claim that the owner of the account should always be sued first without more evidence than has been provided to date. As such, EVERY claim by an innocent owner of the Internet account in question who is dismissed out of the suit later with prejudice DESERVES to have all attorney fees paid. The earlier judges in those cases were WRONG, and any future judges who make similar findings are MORE WRONG!
This best part of this decision is where the judge says to the RIAA contentions that claims under the Copyright Act are the same as claims under Rule41(a)(2): "It is not." Now those are three powerful words.
A few years back they sued a company whose stock I own. In that case the company fought them off, but it cost me and the other stockholders (in whose names Lerach was sueing, thank you so much) several million. May Lerach and his ilk rot in hell.
Can you sue them for including you in a lawsuit you did not wish to participate in, and the losses you suffered because of their reckless behavior?
Dell can gain in other ways. Some possible ones would include:
1: Being the first to receive new processor releases in quantity. Dell can advertise fastest machines available now.
2: Receiving full shipments while other manufacturer's are on "allocation". Dell can ship more units when they can't.
3: Receiving "inside" info of new releases, so they better know when not to stock-up on processors soon to be worth much less.
4: Receiving processors at a discount, based on a volume that no one else can match, so that Dellcan undercut the competition -- or boost margins -- while others can't break even at those prices.
There are many ways to play this game to your advantage. But I think Intel lost a lot of leverage when they became enamored with gaining Apple's business, and may have rather neglected Dell.
Also, some serious legal heat (perhaps from AMD) caused Intel to finally start selling processors at the same price for everyone last September. This is when Dell finally made the major move to AMD, leading one to speculate that they had been receiving a much better deal from Intel up to that point.
1: The main culprit being given these days by many pundunts for Dell's current woes was their failure to switch to AMD processors earlier to remain competitive. CEO Rollins (now departed) said their customers weren't demanding it. Well I'm a customer, and I was demanding it over a year ago, in an actual letter printed on paper and USPS mailed directly to his office. IMHO Rollins couldn't listen, couldn't read, or both!
2: Dell is alleged to have received $1 Gigabucks kickback/payoff from Intel last year alone, and not accounted for it properly to its shareholders.
3: Dell is in deep $hit.
Analysis: Sticking with Intel so long was a bad move all around, and one that money alone cannot fully make up for.
Further Analysis: Michael Dell was very smart to have Rollins available to be the fall guy for the past 2.5 years of terrible results, and is now well rid of him just in time for a Dell resurgence that he will take credit for.
Suing is easy. You can file suits for almost anything. Winning, or even surviving a Motion to Dismiss, is much harder. This may be more threat and harassment than reality.
You should certainly publish this company's name as a warning to other programmers to avoid.
I bought two Dells (w/AMD X2 processors) in January precisely to avoid Vista. Could have easily waited, but happily got Windows XP MCE (necessary for the dual processor capability) instead. Yes I have free Vista upgrades for both machines, and I will claim them, but have no intention of using either one any time soon.
What will get me to upgrade to Vista? An application some day that I absolutely need to run, which won't run on XP, but will on Vista. Until that day, I plan to stay with XP as long as possible in the weak hope that Vista will become so hated that MS will have to remove some of its worst excesses.
If Microsoft wants Zune marketshare, they should be basically giving it away. You're not going to remove iPod's cool factor with a device that costs as much, has the Microsoft name associated with it, and offers marginal, if any, improvement. And sharing crippled, DRM-laden, play-limited, songs wirelessly just isn't enough more. Your brown faux iPod just isn't going to impress your friends enough for what it cost you.
The word "bribe" does not appear at all in TFA. Or if it does, Firefox's Find box can't find it. As such, the summary writer's and/or Slashdot Editor's extreme bias is showing badly. That forces me to rate the whole thing as Flamebait -1.
One problem I see is that CFL's that, in addition to not working well with dimmer switches I already have in place, I don't have them available in the form factors I'm using. My house has 12 foot ceilings with 75W halogen parabolic floods set flush in "can" fixtures in said ceilings. There is no CFL equivalent to fit in that can socket and direct the light properly. Since nearly all of these lights have already lasted 6 years with the level of use I give them, they would be expensive to replace en masse, yet not work well replaced piecemeal. And replacing the fixtures as well to add reflective, focusing sides to them verses the current black is even more time, trouble, and money.
If they want me to switch, they need to make it more compelling than what they're offering right now.
So are they going to ban their use completely, and send the Light Bulb Police around to check on you, or will they just ban sales of new bulbs and let you use up your existing stock?
Can I make a business of smuggling in old technology from adjacent states and profit from the rarity and nostalgia factors?
there are apparently no reviews of the product, no mention of anyone trying to test it and no hardware hackers tried to make it work in Linux, even though it's been out for over 2 years.
Yet you bought it anyway. Why are you now complaining, instead of having done some proper research before you put your money down?
Will this work for file and music sharing with the rest of the people on the bus (subway, train, other form of mass transit)? All you close -- meaning in this case closer than 30 feet -- friends, that is?
Now if your computer is old enough to be running Win98 (mine is as well), consider it's time to upgrade. Try to get XP installed by the factory, since you'll likely like Vista even less, and give the old computer to the daughter. After that, if she stuffs it up, it's her problem, not yours.
(Subject Title is from the Dilbert Desk Calander for 1/28/2007)
So it took them this much longer to achieve exactly the same settlement, lawyers billing their time all along the way. That's government in action for you.
I question the limits you mentioned for Win2k and WinXP though.
I don't question your figures at all. I simply mention that even the average user with a reasonable compliment of services running in a production environment can easily meet the memory targets I've given. I didn't see any need to go in search of the smallest Windows footprint ever that can still run Solitaire.
Okay, this just means we're ready for TNBHA (The Next Big Hardware Advance).
When we went to Instruction Parallelism, first in mainframes such as the IBM 360/91 and 195, and later in microprocessors such as the Intel Pentium, the programmer didn't have to hand-code the parallel instructions. Yes you could hand-tune code to better run down the I & J pipes together in the Pentium, and compilers could and did optimize for it. But the hardware itself took the instruction stream as given to it, and dispatched a second instruction in parallel each time it determined that the second instruction met the criteria to run in parallel. Everything that's followed is simple refinement of this principal.
Transmeta did the same thing with instruction sets, translating them on the fly to match the underlying hardware in a special Code Morphing[tm] approach.
The next challenge for hardware is for the hardware itself to assign tasks to processing cores automatically. Look for context switches and instead pass them along to available processing resources. Do it once in the hardware, and all the software to follow will benefit from it.
So what is Vista's final memory footprint? Some betas were weighing in at 800MB, which is completely Insane for an OS, especially given that XP could easily fit in 250MB, and often 200MB. And 2K Pro at ~150MB.
Slashdot Mirror
Clearly their "evidence" of infringement is highly suspect, and they're basically either too lazy, incapable, or it's illegal, for them to have any real evidence. I hope now everyone will use this to show that BayTSP doesn't know what the hell they're talking about, and should be ignored, or discounted, from now on.
I know of a couple exceptionally talented programmers that couldn't even get an offer from MS. And now Bill Gates is saying he needs to import foreign workers because he can't find US workers for $100K jobs. Fraud!
This best part of this decision is where the judge says to the RIAA contentions that claims under the Copyright Act are the same as claims under Rule41(a)(2): "It is not." Now those are three powerful words.
How about protecting your personal browsing and usage information from the RIAA goons? Now that would actually be an improvement in privacy.
Remind me again what makes Canada so superior to the USA. I seem to have forgotten at the moment.
And so are our oceans -- 2 millions tons of it according to an article I saw yesterday.
Well this will keep us where we belong -- and home, and not annoying the rest of the Universe. We've built our own fence.
Can you sue them for including you in a lawsuit you did not wish to participate in, and the losses you suffered because of their reckless behavior?
Dell can gain in other ways. Some possible ones would include:
1: Being the first to receive new processor releases in quantity. Dell can advertise fastest machines available now.
2: Receiving full shipments while other manufacturer's are on "allocation". Dell can ship more units when they can't.
3: Receiving "inside" info of new releases, so they better know when not to stock-up on processors soon to be worth much less.
4: Receiving processors at a discount, based on a volume that no one else can match, so that Dellcan undercut the competition -- or boost margins -- while others can't break even at those prices.
There are many ways to play this game to your advantage. But I think Intel lost a lot of leverage when they became enamored with gaining Apple's business, and may have rather neglected Dell.
Also, some serious legal heat (perhaps from AMD) caused Intel to finally start selling processors at the same price for everyone last September. This is when Dell finally made the major move to AMD, leading one to speculate that they had been receiving a much better deal from Intel up to that point.
2: Dell is alleged to have received $1 Gigabucks kickback/payoff from Intel last year alone, and not accounted for it properly to its shareholders.
3: Dell is in deep $hit.
Analysis: Sticking with Intel so long was a bad move all around, and one that money alone cannot fully make up for.
Further Analysis: Michael Dell was very smart to have Rollins available to be the fall guy for the past 2.5 years of terrible results, and is now well rid of him just in time for a Dell resurgence that he will take credit for.
You should certainly publish this company's name as a warning to other programmers to avoid.
What will get me to upgrade to Vista? An application some day that I absolutely need to run, which won't run on XP, but will on Vista. Until that day, I plan to stay with XP as long as possible in the weak hope that Vista will become so hated that MS will have to remove some of its worst excesses.
The real question is: Can you wirelessly share files using it with your friends now?
If Microsoft wants Zune marketshare, they should be basically giving it away. You're not going to remove iPod's cool factor with a device that costs as much, has the Microsoft name associated with it, and offers marginal, if any, improvement. And sharing crippled, DRM-laden, play-limited, songs wirelessly just isn't enough more. Your brown faux iPod just isn't going to impress your friends enough for what it cost you.
The word "bribe" does not appear at all in TFA. Or if it does, Firefox's Find box can't find it. As such, the summary writer's and/or Slashdot Editor's extreme bias is showing badly. That forces me to rate the whole thing as Flamebait -1.
If they want me to switch, they need to make it more compelling than what they're offering right now.
Can I make a business of smuggling in old technology from adjacent states and profit from the rarity and nostalgia factors?
Yet you bought it anyway. Why are you now complaining, instead of having done some proper research before you put your money down?
Will this work for file and music sharing with the rest of the people on the bus (subway, train, other form of mass transit)? All you close -- meaning in this case closer than 30 feet -- friends, that is?
Don't be. You earned the right to it.
Now if your computer is old enough to be running Win98 (mine is as well), consider it's time to upgrade. Try to get XP installed by the factory, since you'll likely like Vista even less, and give the old computer to the daughter. After that, if she stuffs it up, it's her problem, not yours.
So it took them this much longer to achieve exactly the same settlement, lawyers billing their time all along the way. That's government in action for you.
I don't question your figures at all. I simply mention that even the average user with a reasonable compliment of services running in a production environment can easily meet the memory targets I've given. I didn't see any need to go in search of the smallest Windows footprint ever that can still run Solitaire.
When we went to Instruction Parallelism, first in mainframes such as the IBM 360/91 and 195, and later in microprocessors such as the Intel Pentium, the programmer didn't have to hand-code the parallel instructions. Yes you could hand-tune code to better run down the I & J pipes together in the Pentium, and compilers could and did optimize for it. But the hardware itself took the instruction stream as given to it, and dispatched a second instruction in parallel each time it determined that the second instruction met the criteria to run in parallel. Everything that's followed is simple refinement of this principal.
Transmeta did the same thing with instruction sets, translating them on the fly to match the underlying hardware in a special Code Morphing[tm] approach.
The next challenge for hardware is for the hardware itself to assign tasks to processing cores automatically. Look for context switches and instead pass them along to available processing resources. Do it once in the hardware, and all the software to follow will benefit from it.
I'm waiting...
Finally, the end of painful Context Switching in multi-threaded environments. I can hardly wait!
So what is Vista's final memory footprint? Some betas were weighing in at 800MB, which is completely Insane for an OS, especially given that XP could easily fit in 250MB, and often 200MB. And 2K Pro at ~150MB.