Show me the good scientific studies that support your conclusions re exercise. There aren't any or the evidence is ambiguous at best. That's the point of the article - people religiously cling to there own ideas on what's healthy and emotionally react when anyone questions their evidence.
Exercising is very good for you for a number of reasons, cardiovascular health, muscle mass maintenance with aging, mobility maintenance with aging, etc, etc. I believe there's pretty good science to support those contentions. There is not good science to support the notion that exercise is effective in weight reduction for obese people. The math tells the story; obese, sedentary people are not capable of burning enough calories through exercise to significantly impact their weight. And exercise does increase your appetite, at least it does for me and that's my prejudice for which I have no scientific backup other than my own experience.
All the Comcast commercials I see are for cable TV, not for Internet access.
I guess that depends on where you live. Around here(Chicago), almost half the comcast commercials are for internet service and feature two turtles, the Slowskis couple, that prefer the slower dsl to comcast's faster cable. Of course here, AT&T is aggressively marketing their dsl at really cheap prices, basic 1mbps at $15/mo. They also have a big ad campaign aimed at their dish competition("Who buys a dish in the city of wind?")
Have you tried to use the bcm driver on a good cross section of broadcom cards? You will find that it either doesn't work or works worse than ndiswrapper on many, if not most.
It's not only in the UK, electronic noses have been around for a long time. I remember seeing one at an alumni event at the Illinois Institue of Technology many years ago:
And that was a miniaturized, improved one of one that they had built in the 1970s that was about 3 meters long. From what I remember from that tour, what's happened over the years is increasing miniaturization, better sensor arrays and better algorithms for identifying substances. Basically, this is an old technology; a gas chromatograph can be considered an "E-Nose" in the larger sense and CO detector in your home is a specialized form of E-Nose.
I don't see any evidence that people inherently understand and want to respect copyrights. To a certain extent, copyright law is generally out of step with what most people feel is right, i.e. most people feel they have the right, or at least should have the right, to copy their music and share it with their friends. This has only become an issue when technology gave people the power to share their music with millions of online friends. Copyright laws have only been tolerated in the past because the routine petty infringements were ignored.
It's not your boss's option to pay or not pay overtime if you are covered by the overtime statute, even if there are other workers willing to forgo the overtime pay. It's not the employee's option either. If you work overtime and are covered by the statute, the employer has to pay and the employee has to take the statutorily designated overtime pay. If he fires you for demanding overtime that you are legally entitled to, you can sue for retaliatory discharge, i.e. that's prohibited by the statute as well.
Of course you can do that. You can also start with ubuntu and turn it into fedora if you have the time and skill. It's all open source. But that's really beside the point. The article deals with the design decisions of the ubuntu developers and argues that better decisions can be made which will leave ubuntu both newb friendly and flexible enough for more advanced users. The author also takes a swipe at the "gnome knows best" mentality of removing options from users in the name of usability and simplicity.
Not knowing what's installed on your system is a potential security issue. I think the whole tenor of his article is that while there may be nothing wrong with a given default behavior in Ubuntu, there ought to be the option for more advanced users to go into more detail on the system, eg have the option to view what packages are being installed and add new ones, have the option to setup a different partitioning scheme which fits your needs, have the option to see the boot messages, have the option to setup a root account instead of sudo, etc. These options can be clearly labeled for advanced users only and absent some specific intervention by the user the usual default behavior will occur. I really don't think it's impossible to achieve this kind of flexibility and still have an installation routine that newbs can deal with and I guess that's the author's point.
If that's all they have, Novell will not prevail on the trust issue in the bankruptcy case IMHO. This is just a breach of fiduciary duty claim in a bankruptcy case and the bankruptcy judge has already told you what he thinks of this claim - unless you have more, I'm not inclined to grant the imposition of a trust favoring Novell over other creditors. We'll have to wait and see on the motion to lift the stay, but if granted, it will probably be for the limited purpose of liquidating Novell's claim. There's is just no way the bankruptcy judge will allow the stay to be lifted for the purpose of litigating whether a trust could be imposed on assets under the jurisdiction of the bankruptcy court.
However, all is not lost for Novell. Breach of fiduciary duty is grounds for denying a bankruptcy discharge of Novell's claim under Section 523(a)(4). That's where the future action in this case will be. If granted, Novell would be able to pursue collection of it's claim against SCO post petition. Again, dischargeability claims under 523(a)(4) are tough cases generally requiring more than just a showing of fraud or breach of fiduciary duty.
It looks like your prognostications were incorrect. As I originally predicted, Novell came in asserting a trust argument in an attempt to grab SCO assets and that argument was rejected by the bankruptcy judge. Apparently, the judge was of the opinion that any equitable trust imposed by the Utah court's ruling was within the 90 day preference period and thus voidable by the debtor or that imposing the trust post bankrupcy filing would be improperly preferencial. This leaves Novell as a general unsecured creditor unless they can show that the trust was imposed by the original asset purchase agreement but then you get back to the tracing/comingling issues and Novell would have to point to unambiguous language in that agreement establishing the trust relationship. The bankruptcy court will reluctant to allow Novell's trust claim absent compelling evidence in support of that claim since that would screw not only SCO but SCO's general unsecured creditors as well.
With all due respect to AllParodox, bankruptcy law is a highly specialized practice and most non-bankruptcy lawyers have little experience in this area. Novell's attorneys did not indicate any desire to file a motion to dismiss the case for bad faith filing and I seriously doubt one is forthcoming especially in light of their stated intention to file a motion to lift the automatic stay.
I haven't read the 200 page summary judgment ruling and you are right that there will be issue preclusion/collateral estoppel issues raised by that ruling, i.e. SCO will be precluded from arguing that the unix code was transferred to it by Novell. However, it's not clear to me the extent to which the trust issues were actually litigated in the prior preceding and that can have a significant impact on the scope of issues precluded from the bankruptcy case. There are also open apportionment issues in the Novell case which the bankruptcy court will have to decide, namely, the extent to which the payments received were for the code retained by Novell. Finally, there are tracing issues even if a trust is found here since the assets were undoubtedly comingled with the general funds of SCO. If you can't identify the specific assets subject to the trust because of comingling, absent facts indicating otherwise, you are left with FIFO. And since those payments were received a long time ago you can say the trust funds are gone which again leaves SCO an unsecured general creditor.
Motions to dismiss for a bad faith filing are hardly ever granted even in egregious cases and are generally limited improperly filed Ch13 consumer cases. There is no such motion pending so don't expect that to be argued tomorrow. Motions to lift the automatic stay are usually only granted to secured creditors under very specific circumstances. Again, Novell hasn't filed a motion to lift the stay, so, no, that ain't happening tomorrow either. Even so, stay and bad faith litigation require the filing of briefs for and against and an evidentiary hearing, all of which have to be scheduled. None of this has happened.
The main issues in the case will be whether, and to what extent, Novell can grab SCO assets out of the bankruptcy case on the theory that SCO was holding the MS and Sun payments in trust for Novell. You can predict that SCO will argue that the contract with Novell only creates a debtor creditor relationship with Novell and Novell can stand in line with the other creditors.
I have a work around for you - don't buy this device. It's that simple really. If you object to Apple policies don't buy their equipment. It's just an overpriced mp3 player and there are plenty of others to choose from.
That's generally the solution to the wireless problem in linux. Get a notebook with an intel based wireless card built in. And if you don't want to fool around with graphics drivers for 3d acceleration, do the same - buy a laptop with integrated intel graphics.
This was tried before in the late 1950s when the Russians surprised everyone by being the first to successfully launch a satellite. In the ensuing national hysteria that we were "falling behind", Congress enacted the National Student Defense Loan program where you could get dirt cheap loans if you majored in science and engineering with the loans being forgiven for teaching after graduation. This was the predecessor to our current federal guaranteed student loan program.
I think the program worked very well but had some unintended consequences that any freshman econ major could have predicted. The program injected a huge amount of money earmarked for the purchase of higher education with the supply remaining relatively static. The predictable result - tuition escalated to the insane levels we have today at many times the rate of inflation.
This is all standard stuff. Enforcement of judgments are not automatically stayed during the pendency of an appeal. If you want enforcement stayed, you have to post a bond called either an "appeal bond" or a "supersedas bond". The amount of the bond varies from one jurisdiction to another but it's usually set by court rule as the amount of the judgment plus interest and costs. The trial judge entering the judgment has discretion to vary this amount in some jurisdictions. Here, the judgment holder apparently wants the trial court to require more than usual amount.
No appeal has been filed yet because no judgment has been entered. In response to the motion for entry of judgment, the RIAA stated it did not object but that it would be filing an appeal upon entry of judgment which prompted the other party's motion for the large appeal bond.
This scenario is not likely at all. Adware purveyors would just move operations to a jurisdiction that didn't recognize software patents and thumb their noses at any US court injunction that MS might be able obtain. What this really does is give MS a legal monopoly via patent on such adware which in turn allows them to block other's adware at the OS level by technical rather than legal means without fear antitrust complaints. MS could then license the right to run the covered adware on Windows to interested advertisers. In short, this would allow MS to monetize their existing user base by exclusively selling ad access to their user base to advertisers.
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Exercising is very good for you for a number of reasons, cardiovascular health, muscle mass maintenance with aging, mobility maintenance with aging, etc, etc. I believe there's pretty good science to support those contentions. There is not good science to support the notion that exercise is effective in weight reduction for obese people. The math tells the story; obese, sedentary people are not capable of burning enough calories through exercise to significantly impact their weight. And exercise does increase your appetite, at least it does for me and that's my prejudice for which I have no scientific backup other than my own experience.
I guess that depends on where you live. Around here(Chicago), almost half the comcast commercials are for internet service and feature two turtles, the Slowskis couple, that prefer the slower dsl to comcast's faster cable. Of course here, AT&T is aggressively marketing their dsl at really cheap prices, basic 1mbps at $15/mo. They also have a big ad campaign aimed at their dish competition("Who buys a dish in the city of wind?")
Have you tried to use the bcm driver on a good cross section of broadcom cards? You will find that it either doesn't work or works worse than ndiswrapper on many, if not most.
I switched to DSL with AT&T in Chicago and they don't throttle P2P AFAICT.
http://electrochem.cwru.edu/ed/encycl/art-n01-nose.htm
And that was a miniaturized, improved one of one that they had built in the 1970s that was about 3 meters long. From what I remember from that tour, what's happened over the years is increasing miniaturization, better sensor arrays and better algorithms for identifying substances. Basically, this is an old technology; a gas chromatograph can be considered an "E-Nose" in the larger sense and CO detector in your home is a specialized form of E-Nose.
I don't see any evidence that people inherently understand and want to respect copyrights. To a certain extent, copyright law is generally out of step with what most people feel is right, i.e. most people feel they have the right, or at least should have the right, to copy their music and share it with their friends. This has only become an issue when technology gave people the power to share their music with millions of online friends. Copyright laws have only been tolerated in the past because the routine petty infringements were ignored.
What about South Africa? The extensive boycotts there were instrumental in ending apartheid.
It's not your boss's option to pay or not pay overtime if you are covered by the overtime statute, even if there are other workers willing to forgo the overtime pay. It's not the employee's option either. If you work overtime and are covered by the statute, the employer has to pay and the employee has to take the statutorily designated overtime pay. If he fires you for demanding overtime that you are legally entitled to, you can sue for retaliatory discharge, i.e. that's prohibited by the statute as well.
Of course you can do that. You can also start with ubuntu and turn it into fedora if you have the time and skill. It's all open source. But that's really beside the point. The article deals with the design decisions of the ubuntu developers and argues that better decisions can be made which will leave ubuntu both newb friendly and flexible enough for more advanced users. The author also takes a swipe at the "gnome knows best" mentality of removing options from users in the name of usability and simplicity.
Not knowing what's installed on your system is a potential security issue. I think the whole tenor of his article is that while there may be nothing wrong with a given default behavior in Ubuntu, there ought to be the option for more advanced users to go into more detail on the system, eg have the option to view what packages are being installed and add new ones, have the option to setup a different partitioning scheme which fits your needs, have the option to see the boot messages, have the option to setup a root account instead of sudo, etc. These options can be clearly labeled for advanced users only and absent some specific intervention by the user the usual default behavior will occur. I really don't think it's impossible to achieve this kind of flexibility and still have an installation routine that newbs can deal with and I guess that's the author's point.
However, all is not lost for Novell. Breach of fiduciary duty is grounds for denying a bankruptcy discharge of Novell's claim under Section 523(a)(4). That's where the future action in this case will be. If granted, Novell would be able to pursue collection of it's claim against SCO post petition. Again, dischargeability claims under 523(a)(4) are tough cases generally requiring more than just a showing of fraud or breach of fiduciary duty.
With all due respect to AllParodox, bankruptcy law is a highly specialized practice and most non-bankruptcy lawyers have little experience in this area. Novell's attorneys did not indicate any desire to file a motion to dismiss the case for bad faith filing and I seriously doubt one is forthcoming especially in light of their stated intention to file a motion to lift the automatic stay.
I haven't read the 200 page summary judgment ruling and you are right that there will be issue preclusion/collateral estoppel issues raised by that ruling, i.e. SCO will be precluded from arguing that the unix code was transferred to it by Novell. However, it's not clear to me the extent to which the trust issues were actually litigated in the prior preceding and that can have a significant impact on the scope of issues precluded from the bankruptcy case. There are also open apportionment issues in the Novell case which the bankruptcy court will have to decide, namely, the extent to which the payments received were for the code retained by Novell. Finally, there are tracing issues even if a trust is found here since the assets were undoubtedly comingled with the general funds of SCO. If you can't identify the specific assets subject to the trust because of comingling, absent facts indicating otherwise, you are left with FIFO. And since those payments were received a long time ago you can say the trust funds are gone which again leaves SCO an unsecured general creditor.
The main issues in the case will be whether, and to what extent, Novell can grab SCO assets out of the bankruptcy case on the theory that SCO was holding the MS and Sun payments in trust for Novell. You can predict that SCO will argue that the contract with Novell only creates a debtor creditor relationship with Novell and Novell can stand in line with the other creditors.
I'm pretty sure this is how the Borg started.
IIRC over 90% of Ch11 bankruptcies wind up in liquidation either through the filing of a liquidating plan or conversion to a Ch7.
I have a work around for you - don't buy this device. It's that simple really. If you object to Apple policies don't buy their equipment. It's just an overpriced mp3 player and there are plenty of others to choose from.
Asking the slashdot community for advice on copy protection is like asking the KKK for advice on racial harmony.
http://www.philharrington.net/sw2.htm
Before you buy anything, check out this book. It will give you a very good overview of what's out there and what it costs.
That's generally the solution to the wireless problem in linux. Get a notebook with an intel based wireless card built in. And if you don't want to fool around with graphics drivers for 3d acceleration, do the same - buy a laptop with integrated intel graphics.
the checks were actually written by some Canadian company called BayStar Capital.
I think the program worked very well but had some unintended consequences that any freshman econ major could have predicted. The program injected a huge amount of money earmarked for the purchase of higher education with the supply remaining relatively static. The predictable result - tuition escalated to the insane levels we have today at many times the rate of inflation.
No appeal has been filed yet because no judgment has been entered. In response to the motion for entry of judgment, the RIAA stated it did not object but that it would be filing an appeal upon entry of judgment which prompted the other party's motion for the large appeal bond.
but if you really want to help give us some open source drivers for ati graphics cards or at least closed source ones that don't totally suck.
This scenario is not likely at all. Adware purveyors would just move operations to a jurisdiction that didn't recognize software patents and thumb their noses at any US court injunction that MS might be able obtain. What this really does is give MS a legal monopoly via patent on such adware which in turn allows them to block other's adware at the OS level by technical rather than legal means without fear antitrust complaints. MS could then license the right to run the covered adware on Windows to interested advertisers. In short, this would allow MS to monetize their existing user base by exclusively selling ad access to their user base to advertisers.