"Publishing" is not prior art. Prior art is that which has been in use or on sale more than one year prior to the filing of a patent application. See, 35 U.S.C. 102(b).
OR, prior art is subject matter that has already been patented or it cannot be patented (a utility patent must be: new, unique and non-obvious). Some things cannot be patented - in the US we don't patent "immoral" items - such as drug paraphernalia.
Actually, the rest of the world doesn't use "first to file" - and Brazil is one major example.
I have no idea what you mean by: "it is simpler to administer and less likely to be "gamed". Much less lawsuits with first to file as the rules are much clearer."
The rule: "first to invent owns the rights" is simple. First to file = "a race to the patent office" and that means that the first thief to file owns the rights - screw the inventor.
If that is a desirable outcome - I don't see how. There will be no fewer lawsuits - just different lawsuits.
For the parts of the world that have "first to file" many companies file first in the US and then register their US patents in the parent country - because the US has universal registration rights that may be unavailable to patents originally filed under the "first to file" doctrine in the parent country.
The "first to file" as opposed to the "first to invent" rewards the thief not the inventor. Shortly follows the end of individual innovation - because all it takes is one slip and the invention is stolen. It also prevents collaboration / full disclosure and scientific discourse because the first to file wins. Secrecy becomes the norm and we all lose.
Anybody know the story of the wiper-delay circuit? That was stolen AFTER a patent issued. It took nearly 20 years to win the suits and the inventor finally was paid. The system is flawed - but at least the inventor reaped the benefit.
This change only concentrates patents and wealth in the largest entities.
Imagine a product that requires experimental use to perfect - say, a new roadbed (city of Elizabeth) and somebody who observes the experimental use files for the patent - guess who wins? First to file.
The pharmaceutical industry is happy - the rest of us can tough it out.
Check your purchase receipt and the "warranty" document and then, when you find no limitation on OS installation you should then contact the current Parliamentary Under Secretary of State for Consumers and Corporate Affairs and relate the story.
The other alternative is to locate a reputable Solicitor with consumer protection experience. The first is free - the second might be able to earn his/her fee from the other side (the "British Rule" albeit something on the wain)...
As others have noted - an OS cannot break a hinge.
I just like that step - I want to be in control of the weapon and it seems like that auto-cocking mechanism is best suited to a rapid fire environment. The possibility of a sear wearing down and a discharge on closing the bolt is not out of the question.
Also, Winchester had a very defective mechanism that allowed for "spontaneous" discharge of cocked, but safety ON, rifles. I like to cock my own.
I'm a big fan of the safety on the Walther PP series - the entire firing pin butt is enclosed in a cam when the safety is engaged - there is no way that a hammer can hit the pin. That Sako is built the same way.
Life without parole was not a penalty available under the charged crimes (it is usually limited to murder) - but a long sentence gives the parole board the idea that the convict should stay in jail. Prisoners can be paroled after serving 10% - sometimes less - of their sentence. So a 30 year term is, in reality, 36 months a 300 year term is 360 months - a real 30 year term.
I'll live in a society where the violent are sequestered away from the rest of us. The US population is 300meg - 1:300 ratio in jail isn't great - but it isn't necessarily a bad thing, either. It depends upon the crime.
Read the case: It wasn't a "death threat" (and, death threats are NOT TRIVIAL) it was a conspiracy to obstruct justice by extorting perjured testimony through the promise of murdering the adverse witnesses' child if the witness failed to perjure himself.
And, this criminal has a long record of violent criminal acts. He left the country in contravention of the terms of his bond, obtained hidden funds and returned to the US. Those are "steps in furtherance of the criminal conspiracy" - an element necessary to convict the jerk.
Read my response - I want dopers and money crimes out and violent in.
I don't believe that the death penalty has any use but to kill a person, brutalize the people who carry out that sentence and - all too damn often, the wrong person is executed. If you can't trust the Attorney General of the US to tell the truth under oath - you can't trust the judicial system with a person's life.
Prison serves one major function: isolation of the criminal from society. That's not a punishment and that's not reform - that's "You are too f**king bad to play with the rest of us - take a long time-out."
You want to keep people out of jail - fund Headstart, schools and colleges and Vocational schools. Take Lead out of the environment (we are seeing a massive drop in crime 20 years out from the PB ban in the US in paint and fuel) and give a damn about kids where a few role models can make a massive change for the positive - on the cheap. Jail is a costly last resort and the ONLY proper resort for the violent offender.
Jeez Louise, think about how much better the US could be is we adopted the European laws governing drug use? We have way too many non-violent offenders in jail (albeit - I think if you steal $1meg or more you get life without parole - that would stop a sh*tload of white collar crime) and we spend way too much on their care. They could be dealt with by other means - including electronic restraint - imagine a bracelet that fries your butt if you try to enter a bar after a DUI conviction?
I'm trying to talk to/. ers - not sporting shooters. These are people who will take a cut in pay if they can brag about how they can dimension an array in 8 obscure languages but have no idea what 5.56 v..223 is/means.
An Enfield - not the Mauser? Why? That "cock on closing" Enfield bolt scares me. Oh well, to each his own - be careful!
And, fwiw, a Bushmaster is not a sniper rifle - a Barrett.338 Lapua is a sniper rifle. That pair could still be at it if they had used the proper tool. I'm not fond of the.223
I have a Ruger Mark II in chambered in Winchester.243 that I use for larger varmints, a Ruger 10-22 with massive customization (I'm not certain that any part is still Ruger) - what with a custom stock (a handmade, carved laminated walnut, ironwood and purpleheart stock - father-in-law is a great woodworker) a Volquartsen black "snake" barrel and bolt/w trigger assy. Used for small game and pests and another Ruger M77 II in.30-06 ultralight for Deer and Elk.
Don't get me started on shotguns or pistols or knives - meet me over at Bladeforums or TheUsualSuspects etc....
Why focus on the kid? Because the conspiracy involved more than mere murder. It was a threat to silence an adverse witness. The sentence should have been 300 years if the Perp had threatened the witnesses' spouse, parent(s), children, grandchildren or best friend.
Anybody willing to kill to cover a crime needs a long, long sentence. I quit a job as an assistant county prosecutor where the elected prosecutor cut a deal with the hired killer (double shotgun murder of male and female) where the jerk elected to the post gave the triggerman 60 months to testify about his $5k double murder for hire against a DENTIST who wanted his wife and her lover killed. The trigger-man was far more dangerous than that damn dentist. The shooter has been out for 12 years now - the Dentist (who only had money - not the guts to kill) is still in prison.
I think I'm on pretty firm ground - you lock up the violent ones and watch the economic criminals. We have tons of jail space filled with dopers and economic criminals and we let the violent loose. This guy could be out in 60 months or less!
Oh, yeah. I hunt and fish. I'm a predator. So are you. Look in the mirror and smile. Those Canines are for tearing meat. Your eyes are placed on the front of your head - giving you binocular vision. Prey have eyes on the side of their head - like fish - to watch for predators.
You may be happy to be insulated from nature - I realize what I am and as a predator I make use of my predatory skills - both in my job and as a way of looking at the world. Most predators watch and strike only when appropriate. Saves energy and makes the job easier. Think before you act.... live will be easier.
Among others, I own a Sako Custom 75 chambered in H&H.375 - I've used it for Alaska Hunts. I spent nearly $5k on that rifle and nearly $2k on the scope - a Swarovski PH2.5-10x42 - 4NK - and, NO I don't enjoy firing it - it kicks like three mules - but it will down a grizzly at 100 meters. It will also take Caribou and Moose at 250-300 meters with the Nosler 260 gr Partition - about $75 for 20 rounds.
The point of using a.50 as an example is that it is the single most potent rifle a citizen can own (450 Nitro express - 419 Rigby etc don't hold up against the total energy delivery at any range that the.50 BMG round has).
You have to give a fixed sentence - usually in months.
You can serve sentences for multiple offenses consecutively or concurrently. The Judge makes that determination.
If you are a "good prisoner" you may have your sentence reduced by some divisor - and that is done by a pardons and parole board (in most states). They (the board) are guided by the term imposed and other factors. The crimes this guy committed did not permit a sentence of "life without possibility of parole" so a very, very long sentence sends a message to the parole board that this guy should serve a substantial portion of his sentence.
The fact is, he could be out in under 60 months with a 30 year sentence - 600 months (50 years - or age 81) for the 300 year sentence is a better way to keep him away from the rest of us while he still poses a danger.
Sentencing guidelines. The PROSECUTOR not the JUDGE makes the ultimate decision of what charges to bring and the Judge has to apply the guidelines and explain if the Judge deviates from the guidelines (upward or downward).
FWIW, this guy is much more than a spammer and 30 years is far from a reasonable sentence. 300 years for conspiracy to murder the child of an adverse witness is a fair term FOR THAT ONE CRIME.
A Cage is where we put people too dangerous to be a part of society. (IMHO, that includes you loonies who think business and people should have unfettered power - s**t what happens when your "unfettered" business starts feeding us CO-treated bad meat or your drunken neighbor decides to fire his.50 sniper rifle from his living room - just to see how far the bullet goes? GUESS WHAT - we have to have laws!).
Consider how Copyright has been hyped as a mechanism for the creative to receive the rewards arising from their works. Then look at the Sonny Bono Copyright Extension Act (a/k/a "Save Mickey from the Public Domain") and how Copyright Extension has influenced the creative to create new works. George and Ira Gershwin have been lazy slackers - and don't give me that business that they are dead as an excuse....
Copyright term, the DCMA, the Telecommunications Act of 1966 are all bought-and-paid for by middle-men whose only creative skill is to carry two (or, more) sets of books recording their profits.
Explain again how Michael Jackson became the holder of the Beetles' copyright portfolio? We see DVD reproductions of things like "Naked City" a 1958-1964 TV series - I'm certain that the estate of the actors and writer receive no residuals a half a century after they created their work. Yet, consider the fact that WKRP in Cincinnati couldn't be reissued with the original 1970's music (just cuts used to show that they were a contemporary Rock station - never a whole song) because the licensing would be prohibitive!
Consider that Filmmaker Kevin Smith's original Clerks, according to IMDB: "The cost of obtaining the rights to the soundtrack (approx. US$27,000) outweighed the entire production costs for this film (approx. US$26,800) - a first in motion picture history." What cost so much? "Can't Even Tell" Written by Dave Pirner Performed by Soul Asylum "Big Problems"Performed by Corrosion Of Conformity "Go Your Own Way"Written by Lindsey Buckingham Performed by Seaweed "Clerks"Performed by Love Among Freaks "Kill The Sex Player" Performed by Girls Against Boys "Got Me Wrong"Written by Jerry Cantrell Performed by Alice In Chains "Making Me Sick"Performed by Bash & Pop "Chewbacca" Performed by Supernova "Panic In Cicero"Performed by The Jesus Lizard "Shooting Star"Written by Paul Rodgers Performed by Golden Smog "Leaders And Followers"Performed by Bad Religion "Violent Mood Swings (Thread Mix)"Performed by Stabbing Westward "Berzerker" Performed by Love Among Freaks
Aside from the title track - not one of these songs was played for more than a few seconds throughout the film!
Give me a break - the artists get zip and the record industry/copyright assignees make out like bandits. As I said before, compulsory licensing ought to be tied to the profit in the final project - if the artists' songs that Smith used had a 1-2% cut of the net of an independent film that got picked up at Sundance - the artists would have had more money (perhaps the artists would have actually received money from the film!) from the exposure to the audience - more potential buyers of their music in the filmgoers than in the general population.
It's happened before: Coppola's Apocalypse Now used The Door's "The End" in the film - spurring sales to a high unmatched after Jim Morrison's death in 1968. Not that The Doors have ever gone out-of-print (and, Jim Morrison mandated equal shares of royalties for all band members - so Krieger, Densmore and Manzarek are millionaires to this day).
Movie and Internet exposure can drive sales and the licensing authorities and their bought-and-paid for laws are benefitting only the middlemen and ancillary copyright holders, like Michael Jackson - but rarely the actual artist.
Profits from everything - that's Reagan, Bush 41, Clinton & Bush 43.
Business regulation is as necessary as well commented C++ code. Think Microsoft.
Compulsory copyright licensing ought to be tied to the profits generated by the license. They aren't.
Consider what would have happened if the piano-roll industry were able to limit Edison's wax cylinders by means of massive license fees?
This new technology has been sacrificed on the alter of old-technology profit-taking. What else do you expect from the US government with the jerks we have in power?
I am an attorney. I was also a pure science major: biology & chemistry. I was a prosecutor for 18 months at the beginning of my legal career. You have only your blood-lust and popular press accounts to support your position.
There are many things wrong with the Judiciary and laws of the states and federal government - Why don't you distinguish the two 1st Amendment decisions issued on June 25, 2007: Federal Election Commission v. Wisconsin Right to Life, Inc and Morse v. Frederick?
One has to do with the 14th Amendment "right" of corporations to have and exercise 1st Amendment speech through last minute, high dollar attack ads in political campaigns and the other provides that a student, out of school and not involved in a school activity who unfurled a sheet painted with "Bong Hits 4 Jesus" as the Olympic Torch passed by on the streets of Anchorage - could be lawfully suspended from school for exercising his first amendment rights with a nonsense sign.
How, exactly does this pair of decisions square with, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." That's the 1st Amendment....
Explain how these directly contrary decisions support your faith in the ability of the Government to infallibly determine who lives and dies under our court system?
The rules don't apply in the Corps and you can say anything that you want in Court? The UCMJ says that you are wrong about the Corps and the Rules of Civil Procedure mean that you can't do what you want to in court - but that the guy whose case I cited can keep $100meg because the IRS/DOJ screwed up a pleading and the rules of civil procedure barred a second bite at the apple.
While engaging in the flame war you still don't get the core issue: $7.5k in a "small claims" action only effects the ONE person involved. The court is not a "court of record" and the twit lost $7.5k (the limits of the court's jurisdiction) because he committed a civil wrong. There is no precedent set.
Now, suppose I went to your boss and showed him photoshopped images of you and that goat. Then your boss calls you in and tells you that you are fired because he saw photos of you and a goat engaging in goatse.
You would be out of a job and I would be liable for false light defamation. That is apparently what went on in this case.
Quit maligning the Corps and have a good Father's Day.
No member of the Corps would mouth off to a Judge. So you are a liar. No member of the Corps lies, or will tolerate a liar.
Now, take your silly little argument and think it over - $7.5k is chump change compared to that case I cited.
The underlying case - the twit in small claims court - IF he had had a meritorious case the EFF and ACLU would have removed it to federal jurisdiction.
Your link leads to a gay hooker - that your day job? Telling us that's your picture gets us nowhere.
I have a 3 year old grandson - and a 14 month old granddaughter and a 27 year old son. I'm proud of them and any one of them can out-think you.
Stop babbling, threatening and whining and grow up enough to recognize that the rules that keep your 3 year old alive are the same rules you broke in your little municipal case. You wouldn't shut up and listen to the authority. In a Court the Judge has the say. You can fight - but you have to do it by the rules. If you make them up as you go along - you will lose.
Read the Chronicle piece - the IRS lost that case... and the money was serious dough.
THERE IS NO PRECEDENT - this is a small claims court. This is not a "fine" it is a "civil judgment."
You are totally ignorant of the law and you are proud of it, to boot.
Mouth off to a judge and you WILL be held in contempt. You can have your say and/or appeal - but NO, you are proud of your experience breaking the rules of civil procedure.
OH, and if you think: (1) that $7.5k is a lot of money; or, (2) that it will ever be collected - then you are as dumb as a box of rocks.
Now, if you want a piece of me - fine - I'll grind you into Vegimite. But that Constitution has appropriate time, place and manner restrictions on "free speech" and the famous example is that you have no legal right to shout "fire" in a crowded theater (when there is no fire) thus causing a stampede that injures people.
Now, contempt-boy - repeat after me: this is a BS case that is dumber than the CowboyNeal options in the polls. It will bind nobody else but the twit who started the fight.
You have a duty to bring all causes relevant in the original action. The matter is decided and the doctrine of "res judicata" precludes relitigating the same matter. But if someone argues that the case has issues that are still viable there is always "collateral estoppel" - issue/claim preclusion to shut down another action.
Besides, small claims and de novo review of a small claims action are not courts of record and this whole business is trivial beyond most/. CowboyNeil poll answers.
You don't trust the government to regulate the Internet or other business ventures, do you? The Government can't educate, maintain the roads and all sorts of other things that should be privatized, right?
SO, exactly HOW do you come to the conclusion that the government is infallible (or, can become infallible) when it takes a person's life?
Slashdot Mirror
Well, the last time I argued the 102(b) bar, J. Rich was still alive, and seated and ruled for my client - in 1990.
You are correct - I'm just working from recall - I didn't bother reading the statute again. Sloppy of me.
I've been litigating in federal courts for 30 years..... damn sloppy to shoot from the hip.
You are citing the C.F.R. (regulation) to my U.S.C. (statute) - we agree.
"Publishing" is not prior art. Prior art is that which has been in use or on sale more than one year prior to the filing of a patent application. See, 35 U.S.C. 102(b).
OR, prior art is subject matter that has already been patented or it cannot be patented (a utility patent must be: new, unique and non-obvious). Some things cannot be patented - in the US we don't patent "immoral" items - such as drug paraphernalia.
Actually, the rest of the world doesn't use "first to file" - and Brazil is one major example.
I have no idea what you mean by: "it is simpler to administer and less likely to be "gamed". Much less lawsuits with first to file as the rules are much clearer."
The rule: "first to invent owns the rights" is simple. First to file = "a race to the patent office" and that means that the first thief to file owns the rights - screw the inventor.
If that is a desirable outcome - I don't see how. There will be no fewer lawsuits - just different lawsuits.
For the parts of the world that have "first to file" many companies file first in the US and then register their US patents in the parent country - because the US has universal registration rights that may be unavailable to patents originally filed under the "first to file" doctrine in the parent country.
The "first to file" as opposed to the "first to invent" rewards the thief not the inventor. Shortly follows the end of individual innovation - because all it takes is one slip and the invention is stolen. It also prevents collaboration / full disclosure and scientific discourse because the first to file wins. Secrecy becomes the norm and we all lose.
Anybody know the story of the wiper-delay circuit? That was stolen AFTER a patent issued. It took nearly 20 years to win the suits and the inventor finally was paid. The system is flawed - but at least the inventor reaped the benefit.
This change only concentrates patents and wealth in the largest entities.
Imagine a product that requires experimental use to perfect - say, a new roadbed (city of Elizabeth) and somebody who observes the experimental use files for the patent - guess who wins? First to file.
The pharmaceutical industry is happy - the rest of us can tough it out.
Check your purchase receipt and the "warranty" document and then, when you find no limitation on OS installation you should then contact the current Parliamentary Under Secretary of State for Consumers and Corporate Affairs and relate the story.
The other alternative is to locate a reputable Solicitor with consumer protection experience. The first is free - the second might be able to earn his/her fee from the other side (the "British Rule" albeit something on the wain)...
As others have noted - an OS cannot break a hinge.
I just like that step - I want to be in control of the weapon and it seems like that auto-cocking mechanism is best suited to a rapid fire environment. The possibility of a sear wearing down and a discharge on closing the bolt is not out of the question.
Also, Winchester had a very defective mechanism that allowed for "spontaneous" discharge of cocked, but safety ON, rifles. I like to cock my own.
I'm a big fan of the safety on the Walther PP series - the entire firing pin butt is enclosed in a cam when the safety is engaged - there is no way that a hammer can hit the pin. That Sako is built the same way.
Life without parole was not a penalty available under the charged crimes (it is usually limited to murder) - but a long sentence gives the parole board the idea that the convict should stay in jail. Prisoners can be paroled after serving 10% - sometimes less - of their sentence. So a 30 year term is, in reality, 36 months a 300 year term is 360 months - a real 30 year term.
I'll live in a society where the violent are sequestered away from the rest of us. The US population is 300meg - 1:300 ratio in jail isn't great - but it isn't necessarily a bad thing, either. It depends upon the crime.
Read the case: It wasn't a "death threat" (and, death threats are NOT TRIVIAL) it was a conspiracy to obstruct justice by extorting perjured testimony through the promise of murdering the adverse witnesses' child if the witness failed to perjure himself.
And, this criminal has a long record of violent criminal acts. He left the country in contravention of the terms of his bond, obtained hidden funds and returned to the US. Those are "steps in furtherance of the criminal conspiracy" - an element necessary to convict the jerk.
Read my response - I want dopers and money crimes out and violent in.
I don't believe that the death penalty has any use but to kill a person, brutalize the people who carry out that sentence and - all too damn often, the wrong person is executed. If you can't trust the Attorney General of the US to tell the truth under oath - you can't trust the judicial system with a person's life.
Prison serves one major function: isolation of the criminal from society. That's not a punishment and that's not reform - that's "You are too f**king bad to play with the rest of us - take a long time-out."
You want to keep people out of jail - fund Headstart, schools and colleges and Vocational schools. Take Lead out of the environment (we are seeing a massive drop in crime 20 years out from the PB ban in the US in paint and fuel) and give a damn about kids where a few role models can make a massive change for the positive - on the cheap. Jail is a costly last resort and the ONLY proper resort for the violent offender.
Jeez Louise, think about how much better the US could be is we adopted the European laws governing drug use? We have way too many non-violent offenders in jail (albeit - I think if you steal $1meg or more you get life without parole - that would stop a sh*tload of white collar crime) and we spend way too much on their care. They could be dealt with by other means - including electronic restraint - imagine a bracelet that fries your butt if you try to enter a bar after a DUI conviction?
I'm trying to talk to /. ers - not sporting shooters. These are people who will take a cut in pay if they can brag about how they can dimension an array in 8 obscure languages but have no idea what 5.56 v. .223 is/means.
.338 Lapua is a sniper rifle. That pair could still be at it if they had used the proper tool. I'm not fond of the .223
.243 that I use for larger varmints, a Ruger 10-22 with massive customization (I'm not certain that any part is still Ruger) - what with a custom stock (a handmade, carved laminated walnut, ironwood and purpleheart stock - father-in-law is a great woodworker) a Volquartsen black "snake" barrel and bolt /w trigger assy. Used for small game and pests and another Ruger M77 II in .30-06 ultralight for Deer and Elk.
An Enfield - not the Mauser? Why? That "cock on closing" Enfield bolt scares me. Oh well, to each his own - be careful!
And, fwiw, a Bushmaster is not a sniper rifle - a Barrett
I have a Ruger Mark II in chambered in Winchester
Don't get me started on shotguns or pistols or knives - meet me over at Bladeforums or TheUsualSuspects etc....
A human life is a human life - you are correct.
Why focus on the kid? Because the conspiracy involved more than mere murder. It was a threat to silence an adverse witness. The sentence should have been 300 years if the Perp had threatened the witnesses' spouse, parent(s), children, grandchildren or best friend.
Anybody willing to kill to cover a crime needs a long, long sentence. I quit a job as an assistant county prosecutor where the elected prosecutor cut a deal with the hired killer (double shotgun murder of male and female) where the jerk elected to the post gave the triggerman 60 months to testify about his $5k double murder for hire against a DENTIST who wanted his wife and her lover killed. The trigger-man was far more dangerous than that damn dentist. The shooter has been out for 12 years now - the Dentist (who only had money - not the guts to kill) is still in prison.
I think I'm on pretty firm ground - you lock up the violent ones and watch the economic criminals. We have tons of jail space filled with dopers and economic criminals and we let the violent loose. This guy could be out in 60 months or less!
Oh, yeah. I hunt and fish. I'm a predator. So are you. Look in the mirror and smile. Those Canines are for tearing meat. Your eyes are placed on the front of your head - giving you binocular vision. Prey have eyes on the side of their head - like fish - to watch for predators.
You may be happy to be insulated from nature - I realize what I am and as a predator I make use of my predatory skills - both in my job and as a way of looking at the world. Most predators watch and strike only when appropriate. Saves energy and makes the job easier. Think before you act.... live will be easier.
Among others, I own a Sako Custom 75 chambered in H&H .375 - I've used it for Alaska Hunts. I spent nearly $5k on that rifle and nearly $2k on the scope - a Swarovski PH2.5-10x42 - 4NK - and, NO I don't enjoy firing it - it kicks like three mules - but it will down a grizzly at 100 meters. It will also take Caribou and Moose at 250-300 meters with the Nosler 260 gr Partition - about $75 for 20 rounds.
.50 as an example is that it is the single most potent rifle a citizen can own (450 Nitro express - 419 Rigby etc don't hold up against the total energy delivery at any range that the .50 BMG round has).
The point of using a
You have to give a fixed sentence - usually in months.
You can serve sentences for multiple offenses consecutively or concurrently. The Judge makes that determination.
If you are a "good prisoner" you may have your sentence reduced by some divisor - and that is done by a pardons and parole board (in most states). They (the board) are guided by the term imposed and other factors. The crimes this guy committed did not permit a sentence of "life without possibility of parole" so a very, very long sentence sends a message to the parole board that this guy should serve a substantial portion of his sentence.
The fact is, he could be out in under 60 months with a 30 year sentence - 600 months (50 years - or age 81) for the 300 year sentence is a better way to keep him away from the rest of us while he still poses a danger.
Booker did reverse the federal guidelines. Brain dead this morning.
Hunter! You're alive! They said you suicided.
Sentencing guidelines. The PROSECUTOR not the JUDGE makes the ultimate decision of what charges to bring and the Judge has to apply the guidelines and explain if the Judge deviates from the guidelines (upward or downward).
.50 sniper rifle from his living room - just to see how far the bullet goes? GUESS WHAT - we have to have laws!).
FWIW, this guy is much more than a spammer and 30 years is far from a reasonable sentence. 300 years for conspiracy to murder the child of an adverse witness is a fair term FOR THAT ONE CRIME.
A Cage is where we put people too dangerous to be a part of society. (IMHO, that includes you loonies who think business and people should have unfettered power - s**t what happens when your "unfettered" business starts feeding us CO-treated bad meat or your drunken neighbor decides to fire his
Consider how Copyright has been hyped as a mechanism for the creative to receive the rewards arising from their works. Then look at the Sonny Bono Copyright Extension Act (a/k/a "Save Mickey from the Public Domain") and how Copyright Extension has influenced the creative to create new works. George and Ira Gershwin have been lazy slackers - and don't give me that business that they are dead as an excuse....
Copyright term, the DCMA, the Telecommunications Act of 1966 are all bought-and-paid for by middle-men whose only creative skill is to carry two (or, more) sets of books recording their profits.
Explain again how Michael Jackson became the holder of the Beetles' copyright portfolio? We see DVD reproductions of things like "Naked City" a 1958-1964 TV series - I'm certain that the estate of the actors and writer receive no residuals a half a century after they created their work. Yet, consider the fact that WKRP in Cincinnati couldn't be reissued with the original 1970's music (just cuts used to show that they were a contemporary Rock station - never a whole song) because the licensing would be prohibitive!
Consider that Filmmaker Kevin Smith's original Clerks, according to IMDB: "The cost of obtaining the rights to the soundtrack (approx. US$27,000) outweighed the entire production costs for this film (approx. US$26,800) - a first in motion picture history."
What cost so much?
"Can't Even Tell" Written by Dave Pirner
Performed by Soul Asylum
"Big Problems"Performed by Corrosion Of Conformity
"Go Your Own Way"Written by Lindsey Buckingham
Performed by Seaweed
"Clerks"Performed by Love Among Freaks
"Kill The Sex Player" Performed by Girls Against Boys
"Got Me Wrong"Written by Jerry Cantrell
Performed by Alice In Chains
"Making Me Sick"Performed by Bash & Pop
"Chewbacca"
Performed by Supernova
"Panic In Cicero"Performed by The Jesus Lizard
"Shooting Star"Written by Paul Rodgers
Performed by Golden Smog
"Leaders And Followers"Performed by Bad Religion
"Violent Mood Swings (Thread Mix)"Performed by Stabbing Westward
"Berzerker" Performed by Love Among Freaks
Aside from the title track - not one of these songs was played for more than a few seconds throughout the film!
Give me a break - the artists get zip and the record industry/copyright assignees make out like bandits. As I said before, compulsory licensing ought to be tied to the profit in the final project - if the artists' songs that Smith used had a 1-2% cut of the net of an independent film that got picked up at Sundance - the artists would have had more money (perhaps the artists would have actually received money from the film!) from the exposure to the audience - more potential buyers of their music in the filmgoers than in the general population.
It's happened before: Coppola's Apocalypse Now used The Door's "The End" in the film - spurring sales to a high unmatched after Jim Morrison's death in 1968. Not that The Doors have ever gone out-of-print (and, Jim Morrison mandated equal shares of royalties for all band members - so Krieger, Densmore and Manzarek are millionaires to this day).
Movie and Internet exposure can drive sales and the licensing authorities and their bought-and-paid for laws are benefitting only the middlemen and ancillary copyright holders, like Michael Jackson - but rarely the actual artist.
Profits from everything - that's Reagan, Bush 41, Clinton & Bush 43.
Business regulation is as necessary as well commented C++ code. Think Microsoft.
Compulsory copyright licensing ought to be tied to the profits generated by the license. They aren't.
Consider what would have happened if the piano-roll industry were able to limit Edison's wax cylinders by means of massive license fees?
This new technology has been sacrificed on the alter of old-technology profit-taking. What else do you expect from the US government with the jerks we have in power?
I am an attorney. I was also a pure science major: biology & chemistry. I was a prosecutor for 18 months at the beginning of my legal career. You have only your blood-lust and popular press accounts to support your position.
There are many things wrong with the Judiciary and laws of the states and federal government - Why don't you distinguish the two 1st Amendment decisions issued on June 25, 2007: Federal Election Commission v. Wisconsin Right to Life, Inc and Morse v. Frederick?
One has to do with the 14th Amendment "right" of corporations to have and exercise 1st Amendment speech through last minute, high dollar attack ads in political campaigns and the other provides that a student, out of school and not involved in a school activity who unfurled a sheet painted with "Bong Hits 4 Jesus" as the Olympic Torch passed by on the streets of Anchorage - could be lawfully suspended from school for exercising his first amendment rights with a nonsense sign.
How, exactly does this pair of decisions square with, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." That's the 1st Amendment....
Explain how these directly contrary decisions support your faith in the ability of the Government to infallibly determine who lives and dies under our court system?
The rules don't apply in the Corps and you can say anything that you want in Court? The UCMJ says that you are wrong about the Corps and the Rules of Civil Procedure mean that you can't do what you want to in court - but that the guy whose case I cited can keep $100meg because the IRS/DOJ screwed up a pleading and the rules of civil procedure barred a second bite at the apple.
While engaging in the flame war you still don't get the core issue: $7.5k in a "small claims" action only effects the ONE person involved. The court is not a "court of record" and the twit lost $7.5k (the limits of the court's jurisdiction) because he committed a civil wrong. There is no precedent set.
Now, suppose I went to your boss and showed him photoshopped images of you and that goat. Then your boss calls you in and tells you that you are fired because he saw photos of you and a goat engaging in goatse.
You would be out of a job and I would be liable for false light defamation. That is apparently what went on in this case.
Quit maligning the Corps and have a good Father's Day.
No member of the Corps would mouth off to a Judge. So you are a liar. No member of the Corps lies, or will tolerate a liar.
Now, take your silly little argument and think it over - $7.5k is chump change compared to that case I cited.
The underlying case - the twit in small claims court - IF he had had a meritorious case the EFF and ACLU would have removed it to federal jurisdiction.
Your link leads to a gay hooker - that your day job? Telling us that's your picture gets us nowhere.
I have a 3 year old grandson - and a 14 month old granddaughter and a 27 year old son. I'm proud of them and any one of them can out-think you.
Stop babbling, threatening and whining and grow up enough to recognize that the rules that keep your 3 year old alive are the same rules you broke in your little municipal case. You wouldn't shut up and listen to the authority. In a Court the Judge has the say. You can fight - but you have to do it by the rules. If you make them up as you go along - you will lose.
Read the Chronicle piece - the IRS lost that case... and the money was serious dough.
Goodnight Gracie.
Read this, wizard - the Courts don't work the way that you dream they do http://www.chron.com/disp/story.mpl/headline/biz/4 894900.html/
THERE IS NO PRECEDENT - this is a small claims court. This is not a "fine" it is a "civil judgment."
You are totally ignorant of the law and you are proud of it, to boot.
Mouth off to a judge and you WILL be held in contempt. You can have your say and/or appeal - but NO, you are proud of your experience breaking the rules of civil procedure.
OH, and if you think:
(1) that $7.5k is a lot of money; or,
(2) that it will ever be collected - then you are as dumb as a box of rocks.
Now, if you want a piece of me - fine - I'll grind you into Vegimite. But that Constitution has appropriate time, place and manner restrictions on "free speech" and the famous example is that you have no legal right to shout "fire" in a crowded theater (when there is no fire) thus causing a stampede that injures people.
Now, contempt-boy - repeat after me: this is a BS case that is dumber than the CowboyNeal options in the polls. It will bind nobody else but the twit who started the fight.
Goodnight Gracie.
You have a duty to bring all causes relevant in the original action. The matter is decided and the doctrine of "res judicata" precludes relitigating the same matter. But if someone argues that the case has issues that are still viable there is always "collateral estoppel" - issue/claim preclusion to shut down another action.
/. CowboyNeil poll answers.
Besides, small claims and de novo review of a small claims action are not courts of record and this whole business is trivial beyond most
Let it be....
OH, yeah. That's a compelling argument.
You don't trust the government to regulate the Internet or other business ventures, do you? The Government can't educate, maintain the roads and all sorts of other things that should be privatized, right?
SO, exactly HOW do you come to the conclusion that the government is infallible (or, can become infallible) when it takes a person's life?