Two things can be done. First, as previously mentioned in several posts, make the fines commensurate with the wrong doing to take the economic incentive out of the illegal conduct. Second, allow for criminal prosecution of those responsible for the illegal conduct, i.e. upper level management. You'd be surprised how the prospect of jail time will get the attention of a CEO. But I wouldn't hold my breath for either of the above happening given MS's clout.
Don't forget that IBM has a motion to dismiss pending in its case with SCO specifically addressing those counts in SCO's complaint dealing with its contention that linux contains SCO IP. IBM's motion dovetails nicely with the Novel motion to dismiss where the main issue is whether or not Novel ever transferred the copyrights which SCO claims it owns re Unix. If SCO loses those motions, they will probably be barred from taking a contrary position in the redhat case under the doctrine of collateral estoppel. In that case, redhat will be back in court on a motion for summary judgment.
Note, collateral estoppel is a judicial doctrine which forbids a party from relitigating an issue in the present litigation which has been adversely decided against it in pior litigation with a different party. Caution, the application of collateral estoppel and the circumstances under which it applies is very technical.
Barratry is a civil tort not a criminal action. Daryl has a perfect defense to any criminal RICO/extortion claim - "I relied on the advise of my prestigious attorneys". So I think that goes nowhere. If he has any criminal exposure, it will be in the securities fraud area but I imagine he's been very careful in the timing of his stock sales.
They needed to wait for the discovery from SCO to be completed. Now that they have that info from SCO since the judge forced SCO to divulge it, they have tailored a count in their couterclaim, the new declaratory judgment count, to knock out those issues which SCO has no evidence on. I suspect that these are the same issues that SCO wants to bifurcate out and have resolved later because they know they're going to lose. This is a very shrewd move on IBM's part. I would expect a motion for summary judgment on this count to be forthcoming from IBM. Note a motion for summary judgment is one where the movant contends that based upon the undisputed evidence in the record, they are entitled to judgment in their favor as a matter of law, i.e. there is no need for a trial based upon the undisputed evidence in the case. SCO is getting very desperate here. If summary judgment is granted on a significant portion of their case, their stock will plumet and they know it.
You had me going til you got to the school bus thing. Can't think of a good reason you can't meet people at school. School is babe heaven. You'll appreciate that after your out a while.
Mandrake had nearly the same message before, during and now after the bankruptcy filing so what's your point? And before the bankruptcy they used to have these pathetic public pleas in the press for contributions from the community or they would go under. At least now they've figured out how to have a positive cash flow and a profitable business.
Reminds me of the Python trial skit where a judge reads of the string of horrific murder charges for five minutes and the defendant rises and says "I'm very sorry and I'll never do it again". He then proceeds to compliment the judge, jury and prosecutor and says he never had a chance after which he is acquitted by the jury.
This is just damage control by a CEO and not very good damage control at that.
I agree. The falacy in his argument is in trying to put a price tag on the economic return for manned space flight. That's something that nobody can calculate precisely because we are exploring the unknown. What was the envisioned economic return for the scientists studying the constituents of matter at the turn of the century? It was pure scientific exploration at that point with no clearly articulated economic benefit. How can you economically justify the study of cosmology or the expenditure of public funds on this endeavor? The same fallacious argument can be levelled against any area of pure scientific research many of which would be hard pressed to articulate any economic return.
The reason we explore the unkown is precisely because we don't know what we will find and what benefit might be derived for the good of all.
Could any programmer have made as much money without that large compatible market?
I think they could make more money if the standards were open and they could write cross platform compatible apps. By using their monopoly power to create defacto closed standards, MS has created a market where it is only profitable to write for the MS platform and ofcourse you have to buy the MS OS to run those apps. Open source breaks that strangle hold because the contributors don't need to make a profit from selling ther code. Their profit comes from value added services to the customer in implementation. This is what has MS so freaked about open source; it breaks their business model and they are painfully aware of it.
What an easy thing to get around. The company will never show a net profit. The officers/directors of the corp will just vote themselves incredibly huge salaries.
The judge wants the issues before her clearly defined and she doesn't want any more excuses from SCO re we can't identify the code til we see IBM's stuff. That's all that's going on here.
The most telling thing to me is the judge's directive to not comment on her ruling in the press. That is highly unusual in a civil case and clearly directed at SCO. I've never had a judge do that to me, ever. This judge is pissed.
kallery - an application for the weight conscious.
Re:Another entity using Tux as a bargaining chip
on
Rome Moving to Linux
·
· Score: 1
I agree. The title of the article should have been "City of Rome seeks pricing concessions from MS by threatening to use linux". Any government agency would be crazy not to try this tactic given MS's behaviour.
I believe that's "forked tongue" not "two tongues". And I always thought that the comparison was to the tongue of a snake which literally do have forked tongues, i.e. they're split at the end.
Re:*pure* beginner book?
on
Practical C++
·
· Score: 2, Interesting
I don't know if it's still available, but my first programming book was: "C++ How To Program", by Deitel/Deitel which was originally published in 1994. It's an excellent book and if it's been republished/updated, might be worth a look. It's designed for people with little or no programing experience.
I couldn't agree more. IBM is clearly cozying up to Novel/Suse. They certainly have to support rh because they're the big dog in the US but IBM doesn't appear entirely confortable with rh from what I can see.
Generally, you can only appeal from a final judgment but there are many exceptions called interlocutory(i.e before final judgment) appeals. Here, the judge granted MS the right to appeal his ruling on how he would instruct the jury on the law referred to in the law as certifying an issue for appeal. The rationale is one of judicial economy. If the judge is wrong on the law, the partities would have to go through an entire trial and an appeal before the ruling would be reversed and remanded for a new trial. Getting an advance ruling on this issue could save the court and the parties the time and exspense of a second trial if the judge is wrong on the law of the case.
Normally, you can only appeal from a final judgment but there are several exceptions called interlocutory(i.e. begore final judgment) appeals. Here the trial judge granted MS the right to take an appeal from his ruling on how he would instruct the jury on the law of the case. The rationale is one of judicial economy. If the judge is wrong on the law, the parties would have to go through an entire trial and an appeal before the ruling is reversed at which time the case would have to be retried. Getting an advance ruling on the issue can potentially save the court and the parties the time and exspense of two trials which is why the judge certified the issue for appeal.
I'd like to see your gradma install winxp+norton+spybot. Once you get any OS set up it will work good for a while. The trouble with windows is that it breaks all too soon, either due to its inherent instablility or its insanely flawed approach to security, while linux just keeps juggin along.
I'll give you a reason. It's a "fetch" bill, i.e. a terrible piece of legislation that some powerful and monied interests don't want. It's purpose is to encourage campaign contributions from those interests in exchange for vote against the bill. Hey, it's election time; gotta fill those coffers somehow.
Mozilla>Edit>Preferences. And yes, the first time I used mozilla I couldn't find the Preferences either because they stuck it under the Edit menu. So I guess your right; it's a lousy place to stick Configure/Settings stuff.
I feel a big money making idea coming on. I can see it now - digitally encrypted earphones and glasses that you must wear to view or hear the encrypted content. I'm patenting the idea so no one try and steal it. It's my IP damit.
Yeah, he's a real free market advocate. Despite his conservative views, he probably hates microsoft, or any monopoly for that matter, more than you do. He's also a very effective attorney and considered extremely intelligent by other attorneys that don't share his political philosophy.
These guys choose well; it never hurts to have a former federal appellate court judge argue your case before a federal court of appeals. Judges give former judges a lot of deference when they argue a case before them.
Also, he's now a lawyer. Lawyers argue all kinds of cases that they personally don't believe in; it's there job. In fact it's your sworn obligation to zealously represent and argue your client's interests even if you personally don't agree with him.
Slashdot Mirror
yep. That's just where I want to go for legal reporting - from a paralegal with a website that sells insurance on the side.
Two things can be done. First, as previously mentioned in several posts, make the fines commensurate with the wrong doing to take the economic incentive out of the illegal conduct. Second, allow for criminal prosecution of those responsible for the illegal conduct, i.e. upper level management. You'd be surprised how the prospect of jail time will get the attention of a CEO. But I wouldn't hold my breath for either of the above happening given MS's clout.
Don't forget that IBM has a motion to dismiss pending in its case with SCO specifically addressing those counts in SCO's complaint dealing with its contention that linux contains SCO IP. IBM's motion dovetails nicely with the Novel motion to dismiss where the main issue is whether or not Novel ever transferred the copyrights which SCO claims it owns re Unix. If SCO loses those motions, they will probably be barred from taking a contrary position in the redhat case under the doctrine of collateral estoppel. In that case, redhat will be back in court on a motion for summary judgment. Note, collateral estoppel is a judicial doctrine which forbids a party from relitigating an issue in the present litigation which has been adversely decided against it in pior litigation with a different party. Caution, the application of collateral estoppel and the circumstances under which it applies is very technical.
Barratry is a civil tort not a criminal action. Daryl has a perfect defense to any criminal RICO/extortion claim - "I relied on the advise of my prestigious attorneys". So I think that goes nowhere. If he has any criminal exposure, it will be in the securities fraud area but I imagine he's been very careful in the timing of his stock sales.
They needed to wait for the discovery from SCO to be completed. Now that they have that info from SCO since the judge forced SCO to divulge it, they have tailored a count in their couterclaim, the new declaratory judgment count, to knock out those issues which SCO has no evidence on. I suspect that these are the same issues that SCO wants to bifurcate out and have resolved later because they know they're going to lose. This is a very shrewd move on IBM's part. I would expect a motion for summary judgment on this count to be forthcoming from IBM. Note a motion for summary judgment is one where the movant contends that based upon the undisputed evidence in the record, they are entitled to judgment in their favor as a matter of law, i.e. there is no need for a trial based upon the undisputed evidence in the case. SCO is getting very desperate here. If summary judgment is granted on a significant portion of their case, their stock will plumet and they know it.
You had me going til you got to the school bus thing. Can't think of a good reason you can't meet people at school. School is babe heaven. You'll appreciate that after your out a while.
Mandrake had nearly the same message before, during and now after the bankruptcy filing so what's your point? And before the bankruptcy they used to have these pathetic public pleas in the press for contributions from the community or they would go under. At least now they've figured out how to have a positive cash flow and a profitable business.
Reminds me of the Python trial skit where a judge reads of the string of horrific murder charges for five minutes and the defendant rises and says "I'm very sorry and I'll never do it again". He then proceeds to compliment the judge, jury and prosecutor and says he never had a chance after which he is acquitted by the jury. This is just damage control by a CEO and not very good damage control at that.
Your not alone. Very few businesses I deal with are using office xp and those are windows shops.
I agree. The falacy in his argument is in trying to put a price tag on the economic return for manned space flight. That's something that nobody can calculate precisely because we are exploring the unknown. What was the envisioned economic return for the scientists studying the constituents of matter at the turn of the century? It was pure scientific exploration at that point with no clearly articulated economic benefit. How can you economically justify the study of cosmology or the expenditure of public funds on this endeavor? The same fallacious argument can be levelled against any area of pure scientific research many of which would be hard pressed to articulate any economic return. The reason we explore the unkown is precisely because we don't know what we will find and what benefit might be derived for the good of all.
What an easy thing to get around. The company will never show a net profit. The officers/directors of the corp will just vote themselves incredibly huge salaries.
The judge wants the issues before her clearly defined and she doesn't want any more excuses from SCO re we can't identify the code til we see IBM's stuff. That's all that's going on here. The most telling thing to me is the judge's directive to not comment on her ruling in the press. That is highly unusual in a civil case and clearly directed at SCO. I've never had a judge do that to me, ever. This judge is pissed.
kallery - an application for the weight conscious.
I agree. The title of the article should have been "City of Rome seeks pricing concessions from MS by threatening to use linux". Any government agency would be crazy not to try this tactic given MS's behaviour.
I believe that's "forked tongue" not "two tongues". And I always thought that the comparison was to the tongue of a snake which literally do have forked tongues, i.e. they're split at the end.
I don't know if it's still available, but my first programming book was: "C++ How To Program", by Deitel/Deitel which was originally published in 1994. It's an excellent book and if it's been republished/updated, might be worth a look. It's designed for people with little or no programing experience.
I couldn't agree more. IBM is clearly cozying up to Novel/Suse. They certainly have to support rh because they're the big dog in the US but IBM doesn't appear entirely confortable with rh from what I can see.
Generally, you can only appeal from a final judgment but there are many exceptions called interlocutory(i.e before final judgment) appeals. Here, the judge granted MS the right to appeal his ruling on how he would instruct the jury on the law referred to in the law as certifying an issue for appeal. The rationale is one of judicial economy. If the judge is wrong on the law, the partities would have to go through an entire trial and an appeal before the ruling would be reversed and remanded for a new trial. Getting an advance ruling on this issue could save the court and the parties the time and exspense of a second trial if the judge is wrong on the law of the case.
Normally, you can only appeal from a final judgment but there are several exceptions called interlocutory(i.e. begore final judgment) appeals. Here the trial judge granted MS the right to take an appeal from his ruling on how he would instruct the jury on the law of the case. The rationale is one of judicial economy. If the judge is wrong on the law, the parties would have to go through an entire trial and an appeal before the ruling is reversed at which time the case would have to be retried. Getting an advance ruling on the issue can potentially save the court and the parties the time and exspense of two trials which is why the judge certified the issue for appeal.
I'd like to see your gradma install winxp+norton+spybot. Once you get any OS set up it will work good for a while. The trouble with windows is that it breaks all too soon, either due to its inherent instablility or its insanely flawed approach to security, while linux just keeps juggin along.
I'll give you a reason. It's a "fetch" bill, i.e. a terrible piece of legislation that some powerful and monied interests don't want. It's purpose is to encourage campaign contributions from those interests in exchange for vote against the bill. Hey, it's election time; gotta fill those coffers somehow.
Mozilla>Edit>Preferences. And yes, the first time I used mozilla I couldn't find the Preferences either because they stuck it under the Edit menu. So I guess your right; it's a lousy place to stick Configure/Settings stuff.
I feel a big money making idea coming on. I can see it now - digitally encrypted earphones and glasses that you must wear to view or hear the encrypted content. I'm patenting the idea so no one try and steal it. It's my IP damit.
Yeah, he's a real free market advocate. Despite his conservative views, he probably hates microsoft, or any monopoly for that matter, more than you do. He's also a very effective attorney and considered extremely intelligent by other attorneys that don't share his political philosophy. These guys choose well; it never hurts to have a former federal appellate court judge argue your case before a federal court of appeals. Judges give former judges a lot of deference when they argue a case before them. Also, he's now a lawyer. Lawyers argue all kinds of cases that they personally don't believe in; it's there job. In fact it's your sworn obligation to zealously represent and argue your client's interests even if you personally don't agree with him.