I am not a lawyer, but maybe this will clarify something).
Tresspassing becomes burglary if any felony is involved, not just a felony of the class "theft", in most states, and under federal law.
Note trespassing iself is usually defined as "Entering another's property with malicious intent, unlawful intent, or similar restrictions," (I'm paraphrasing here, but try reading the laws and see what yours says verbatum) and not just as entering another's property, period. In some states, you have to have intent to commit at least a misdemeanor to trespass, while in others, you have to be shown as intending to inflict some harm on the property opwner. This can be pretty minor harm, such as wearing a path in the corner of the owner's lawn.
Since accessing certain classes of information without consent of law (including medical records and such), is now a felony, it depends on whether the records in question fell under felony or misdemeanor category, whether this break-in counts as a burglary or as simple tresspass. There may be other crimes that apply as well.
Technically, a person breaking and entering has just about always committed burglary, as they have shown malicious intent in their tresspass by doing some damage to the property. If the distruction involved in entering is equivalent to the gransd theft limit in the state (typically 500$ or less), that's the felony that automatically moves the breaking and entering into the class of burglary. Many states have specific laws making the infliction of inconvenience, mental duress and such on the property owner enough to qualify regardless of how much the busted lock or broken window was worth. Just the fact that the property was unsecured by the act and other criminals could have come along and taken more until a new lock was installed counts as damages.
You don't always see someone charged with burglary even where it applies, and a big reason is that the felony that moves the crime from trsspass to burglary may be more severe. If the DA can show the burglar meant to commit rape or murder once in, the charge of attempted rape or murder will send the burglar up for much more time than a burglary charge would.
Spying, on the same level as industrial espionage rather than state secrets, maybe. Privacy violation likely. Other charges might depend on what they did with the data rather than how they got it.
The frequent sentiment (by no means universal on/.) is that violating copyright isn't stealing, it's violating copyright. Not all who hold that would say that taking trade secrets isn't stealing either, but you can do either by copying files, or you can do noting criminal at all by copying files, all depending on what those files are.
Right. Information wants to be free, just like genes want to survive. Neither really "wants" anything, but they both have properties that result in them attempting to spread if not under pressure to keep them confined. This says nothing about whether it is moral to help information spread, any more than it does about whether spreading your genes is always moral.
Poster is not saying that the Air Force doesn't fly the transport planes they have in inventory. Poster is saying the Air Force doesn't own enough transports to move multiple Army divisions if needed, and would have to call on civilian sources to make up the slack. They use the planes they have, they don't have as many planes as they might need, and if they did, wouldn't have the budget to keep them ready.
And that's why SCO isn't going to accomplish anything by this. Microsoft didn't accomplish anything by whining, but by using their dominant position to get more dominant. Whining to congress, whether as silly as SCO's or as justified as Netscape's, just isn't powerful enough to work as an offensive strategy, but occasionally works a bit as a defensive one.
Defense = Slow the big competitor down, make them decide to let you stay in the market as at least a niche player.
Offense = Actually grab market share or profit margin from the bigger dog.
If you want to pitch this to congress, the stress should not be on how Linux is already international. It should be that SCO's actions are decreasing the amount of Linux being developed in the US, and giving businesses in other nations a head start in implementing new features. (Sure, everything spreads so fast that head start can't exceed a few days, but, even if it's tiny, it's there). We must act now to close the Linux Gap! See IBM. IBM is very patriotic. See Linus. Gee, with a name straight from the most loveable kid in Peanuts, how could he not be patriotic? See Linus choose to live in the US while developing his software. See RMS. Ooops! See RMS's mother. She's a nice lady. She must be patriotic. (Quick, we need a stand in for RMS's mother. She has to bake apple pies. Lots of Apple Pies.).
1. We have a pretty good idea of what's living on the moon - Nothing. There may be a trace of doubt about Mars, but the Moon is simply a dead world. 2. Cold Fusion has shown no signs lately of working out. If there is anything at all to it, what was observed is exceedingly difficut to reproduce, and doesn't seem to fit any established science. Even if we grant what seems to be a very low (1 in 10,000 odds or worse) likelyhood that there is something to it - Starting from no theory and no practice, how many years will it take to turn into something useful? 3. Solar power, scaled up to provide Gigawatts as needed, probably will require some blowing holes in something, like massive mining for some trace metals used to dope silicon wafers. Solar IS a practical technology now, and He 3 fusion isn't, but solar is not going to be entirely free of risks, environmental damage, and political problems.
Yeah, it's strange, but the white Microsoft optical scroll mouse (the one that says "with intelleye") is very comfortable for me as a southpaw, even though it's not supposedly designed for left handed use. The assymetric bulge that is supposed to guide the thumb to a comfortable position seems to work even better for guiding the pinky and ring finger.
The Kensiko Internet Keyboard should fit the bill. In addition to the standard 109 Key layout, it has controls for an audio player, sleep/wake buttons, and all the function keys are mapped to internet browsing locations they get a kickback from. Oh, and it comes with lots of spyware for even more fun. On the other hand, if you don't install their software, Winamp and Sonique both have an add on that lest you use those music keys, and everything else can be mapped to useful software. I just checked, and I'm not using scroll lock at all that's one wasted key out of 115. So, I'd have to say it is simultaneously the most and the least useful keyboard out there.
Back when the stock market took a tumble (89 or so, not the most recent one), I saw a set of two graphs in the local paper. One was for this little crash, one for 1929. The graphs were line for line identical except for color and inflation adjusted dollars, while the text claimed to show the differences that supposedly proved this wasn't the start of another big depression. Text didn't match graphs at all, pointing to a sharp downturn and saying, "this flattened area shows the comeing recession will be neither deep nor long". I remember thinking "Wow, they bothered to print these in color to reassure people". (Color was still very rare then). Looking back, it seems more like their purpose was to panic anyone capable of actually reading the charts.
In the army, I saw people face at least article 15's for similar actions. That's a _non_ judicial punishment, less than a court marshal can dish out. Typically it involves taking two weeks pay, making the person stay on post for those two weeks, and such. In a few cases where the incitement to bodily harm was particularly severe, a full court threw someone into Ft. Levenworth for 2-3 years or so. In the civilian world, I'm sure many of you could think of comparable penalties, from loss of job, to loss of liscences, to actual jail time. These people faced two days supension instead. These people are a priveleged class, and they don't even know it.
"We" don't know they aren't gathering news themselves. These same studios present these same people describing themselves as reporters, or claiming to be "on the beat", or they make various statements that could mislead reasonable people who don't spend a lot of time digging into the facts. Look at Heraldo Rivera - how many times has he been described as a reporter when he's functioning as a newscaster? Just starting with a phrase such as "Tonight's report from location X", and cutting to a feed from location X, proclaims that the people shown are reporting. Is it really all that obvious to the average viewer that the person "reporting" is not a reporter, in the sense most people mean that word?
If it's hardly a secret I'd be interested in seeing what happens when you call the studio and ask about what person X's job actually involves? Does person X actually gather any of the information they presented? Will the studios give you an honest and open answer? If not, it's a secret, just not a very airtight one. But then, if it fools even 50% or so of the people, it's good enough for the circumstances. I don't know for sure how open and forthright they would be. You or I could probably test our local news that way, but unless a thousand other people do too, it's just anecdotal evidence.
I tried to ask this sort of question once. I called the local news station asking whether they really owned the radar they kept calling "Our Live Doppeler Radar", or were they just paying for a feed from the airport or something. It's just one anecdote, but for what it's worth, the answers were not very forthcoming.
Nah, you're paranoid enough for two, but you're possibly right. However the answer is not to panic, but to figure out what the hidden part is. 1. It could be Microsoft. I don't think Bill G and Darl actually planned the whole thing myself, but some people have mentioned it, so let's grant the possibility. If so, MS isn't up to a lot, they tried something, it is in the process of failure, they don't have a way to turn that around, so they are either regrouping or starting something else unrelated. IF MS has an evil plan, I hope they have enough sense to pick somebody totally unconnected to SCO for the next attempt, cause anything less is unworthy. 2. There could be problems throughout SCOs parent, the Canopy Group. That could lead to another stock market scandle as big as Enron (SCO by itself is much smaller), but it's not particularly related to Linux, and most slashdotters are either unaffected, or just need to check their retirement fund account to make sure it's not vested, not just in SCO, but not heavily in SCO's sister corporations. If that actually turns out to be true, I'll give you a pat on the back for being just paranoid enough.
So, if you wanted to look up the Canopy Group's holdings, and see if others are involved in lots of lawsuits, etc. You could maybe either allay your fears or prove you were right.
This is hedging one's bets, not really betting against themselves. The difference is, it involves only a part of the company's stock and the profit that may result is to offset some of the losses on the other part that had to result as well. If the rest of the stock had gone up, the net gain would be partially offset by the loss that would result here. The SEC should look a this, but it's not automatically a bad thing to do, just in specific circumstances.
Then maybe we still don't get good pictures unless the steering still works. Seriously, there's almost no chance the Hubble would be pointed in the right direction to catch the first flash. I don't know how long it would take NASA to revise the mission parameters and point the durned thing at the right spot. Maybe just a few hours, considering that most astronomers would understand the importance of such an event instantly, or maybe we'd miss the first few weeks, considering that most admin types wouldn't.
Where's the troll? - You are. You claim to know a whole bunch of things you think are in my imagination, like that "heroic sniper", without anything I said giving you the first clue as to how I actually think. You're the one who uses words such as "oddly unselfconsious musings". You're the one using the word "nasty" over and over. You have so far accused me of "mental masturbation", not being "well socialized", and being "just nasty", as well as proclaiming you have made me feel stupid. if repeated ad-hominym attacks don't make a troll, nothing does, so yes, you are a TROLL.
While we're at it, if someone does manage to either kill or capture Ben Laden, he will be a hero, as far as I am concerned. If you think differently, I'd say that's your problem. TROLL.
The failure rate is not acceptable. I'm not just saying that because of the better than 1% failure rate for the shuttle, which many people would still voluntarily risk, but because of cascading failures. The last shuttle accident lead to an increased risk of accidents aboard the ISS not being mitigatable, and it sped up the timetable for closing down Hubble. NASA has tried to pick an optimum time to gwet as much use out of Hubble as possible, but that optimum is more of a guess without being able to rely on the shuttle as a potential back up. What happens if the Hubble shuts down all internal electronics a week before the de-orbit burn is scheduled? We're stuck with either letting it come down randomly or running a mission riskier than the one we just decided was too risky.
That's why I'm agreeing the failure rate is too high, because there is still the possibility of a cascade of secondary failures for years after the first, and that's so even assuming we fully fix the cause of the first.
We _plan_ to have a replacemnt sent up. The current plan assumes about a 3 year gap when we won't have a space based telescope. If the economy doesn't get more rosy, that three year gap might stretch to five or more. Ground based telescopes have also improved and can take up more of the slack than many expect, but there is some risk here. For ex. what happens if there is a nearby supernova during that window when we don't have a space based scope? We have a small but significant chance of missing a once in a few hundred years observing opportunity because it happens to fall in the gap.
Yes, this is not related to the manned mars mission. The decision to deorbit Hubble has already been made. Nothing is being lost here to the new programs, and nothing is being lost from unmanned missions and straight science to promote manned missions. However, something may well be lost for other reasons.
Slashdot Mirror
I am not a lawyer, but maybe this will clarify something).
Tresspassing becomes burglary if any felony is involved, not just a felony of the class "theft", in most states, and under federal law.
Note trespassing iself is usually defined as "Entering another's property with malicious intent, unlawful intent, or similar restrictions," (I'm paraphrasing here, but try reading the laws and see what yours says verbatum) and not just as entering another's property, period. In some states, you have to have intent to commit at least a misdemeanor to trespass, while in others, you have to be shown as intending to inflict some harm on the property opwner. This can be pretty minor harm, such as wearing a path in the corner of the owner's lawn.
Since accessing certain classes of information without consent of law (including medical records and such), is now a felony, it depends on whether the records in question fell under felony or misdemeanor category, whether this break-in counts as a burglary or as simple tresspass. There may be other crimes that apply as well.
Technically, a person breaking and entering has just about always committed burglary, as they have shown malicious intent in their tresspass by doing some damage to the property. If the distruction involved in entering is equivalent to the gransd theft limit in the state (typically 500$ or less), that's the felony that automatically moves the breaking and entering into the class of burglary. Many states have specific laws making the infliction of inconvenience, mental duress and such on the property owner enough to qualify regardless of how much the busted lock or broken window was worth. Just the fact that the property was unsecured by the act and other criminals could have come along and taken more until a new lock was installed counts as damages.
You don't always see someone charged with burglary even where it applies, and a big reason is that the felony that moves the crime from trsspass to burglary may be more severe. If the DA can show the burglar meant to commit rape or murder once in, the charge of attempted rape or murder will send the burglar up for much more time than a burglary charge would.
Spying, on the same level as industrial espionage rather than state secrets, maybe. Privacy violation likely. Other charges might depend on what they did with the data rather than how they got it. /.) is that violating copyright isn't stealing, it's violating copyright. Not all who hold that would say that taking trade secrets isn't stealing either, but you can do either by copying files, or you can do noting criminal at all by copying files, all depending on what those files are.
The frequent sentiment (by no means universal on
Right. Information wants to be free, just like genes want to survive. Neither really "wants" anything, but they both have properties that result in them attempting to spread if not under pressure to keep them confined. This says nothing about whether it is moral to help information spread, any more than it does about whether spreading your genes is always moral.
Poster is not saying that the Air Force doesn't fly the transport planes they have in inventory. Poster is saying the Air Force doesn't own enough transports to move multiple Army divisions if needed, and would have to call on civilian sources to make up the slack. They use the planes they have, they don't have as many planes as they might need, and if they did, wouldn't have the budget to keep them ready.
Why does the US still have that relatively high cost of living when so many people are selling their services so cheaply elsewhere?
Naah! Microsoft has at least two more gasps left...
And that's why SCO isn't going to accomplish anything by this. Microsoft didn't accomplish anything by whining, but by using their dominant position to get more dominant. Whining to congress, whether as silly as SCO's or as justified as Netscape's, just isn't powerful enough to work as an offensive strategy, but occasionally works a bit as a defensive one.
Defense = Slow the big competitor down, make them decide to let you stay in the market as at least a niche player.
Offense = Actually grab market share or profit margin from the bigger dog.
If you want to pitch this to congress, the stress should not be on how Linux is already international. It should be that SCO's actions are decreasing the amount of Linux being developed in the US, and giving businesses in other nations a head start in implementing new features. (Sure, everything spreads so fast that head start can't exceed a few days, but, even if it's tiny, it's there). We must act now to close the Linux Gap!
See IBM. IBM is very patriotic.
See Linus. Gee, with a name straight from the most loveable kid in Peanuts, how could he not be patriotic? See Linus choose to live in the US while developing his software.
See RMS. Ooops! See RMS's mother. She's a nice lady. She must be patriotic. (Quick, we need a stand in for RMS's mother. She has to bake apple pies. Lots of Apple Pies.).
1. We have a pretty good idea of what's living on the moon - Nothing. There may be a trace of doubt about Mars, but the Moon is simply a dead world.
2. Cold Fusion has shown no signs lately of working out. If there is anything at all to it, what was observed is exceedingly difficut to reproduce, and doesn't seem to fit any established science. Even if we grant what seems to be a very low (1 in 10,000 odds or worse) likelyhood that there is something to it - Starting from no theory and no practice, how many years will it take to turn into something useful?
3. Solar power, scaled up to provide Gigawatts as needed, probably will require some blowing holes in something, like massive mining for some trace metals used to dope silicon wafers. Solar IS a practical technology now, and He 3 fusion isn't, but solar is not going to be entirely free of risks, environmental damage, and political problems.
Yeah, it's strange, but the white Microsoft optical scroll mouse (the one that says "with intelleye") is very comfortable for me as a southpaw, even though it's not supposedly designed for left handed use. The assymetric bulge that is supposed to guide the thumb to a comfortable position seems to work even better for guiding the pinky and ring finger.
The Kensiko Internet Keyboard should fit the bill. In addition to the standard 109 Key layout, it has controls for an audio player, sleep/wake buttons, and all the function keys are mapped to internet browsing locations they get a kickback from. Oh, and it comes with lots of spyware for even more fun.
On the other hand, if you don't install their software, Winamp and Sonique both have an add on that lest you use those music keys, and everything else can be mapped to useful software. I just checked, and I'm not using scroll lock at all that's one wasted key out of 115. So, I'd have to say it is simultaneously the most and the least useful keyboard out there.
"Is there any other industry where regular, daily users of a technology are nevertheless bumbling novices at it?"
Do you drive?
Right! (Now to get a federal court to agree with this analysis).
That's "His grandmother will be a timetraveller, until she gets caught by the time cops for smuggling TVs".
Back when the stock market took a tumble (89 or so, not the most recent one), I saw a set of two graphs in the local paper. One was for this little crash, one for 1929. The graphs were line for line identical except for color and inflation adjusted dollars, while the text claimed to show the differences that supposedly proved this wasn't the start of another big depression. Text didn't match graphs at all, pointing to a sharp downturn and saying, "this flattened area shows the comeing recession will be neither deep nor long". I remember thinking "Wow, they bothered to print these in color to reassure people". (Color was still very rare then). Looking back, it seems more like their purpose was to panic anyone capable of actually reading the charts.
In the army, I saw people face at least article 15's for similar actions. That's a _non_ judicial punishment, less than a court marshal can dish out. Typically it involves taking two weeks pay, making the person stay on post for those two weeks, and such. In a few cases where the incitement to bodily harm was particularly severe, a full court threw someone into Ft. Levenworth for 2-3 years or so. In the civilian world, I'm sure many of you could think of comparable penalties, from loss of job, to loss of liscences, to actual jail time. These people faced two days supension instead. These people are a priveleged class, and they don't even know it.
"We" don't know they aren't gathering news themselves. These same studios present these same people describing themselves as reporters, or claiming to be "on the beat", or they make various statements that could mislead reasonable people who don't spend a lot of time digging into the facts. Look at Heraldo Rivera - how many times has he been described as a reporter when he's functioning as a newscaster? Just starting with a phrase such as "Tonight's report from location X", and cutting to a feed from location X, proclaims that the people shown are reporting. Is it really all that obvious to the average viewer that the person "reporting" is not a reporter, in the sense most people mean that word?
If it's hardly a secret I'd be interested in seeing what happens when you call the studio and ask about what person X's job actually involves? Does person X actually gather any of the information they presented? Will the studios give you an honest and open answer? If not, it's a secret, just not a very airtight one. But then, if it fools even 50% or so of the people, it's good enough for the circumstances. I don't know for sure how open and forthright they would be. You or I could probably test our local news that way, but unless a thousand other people do too, it's just anecdotal evidence.
I tried to ask this sort of question once. I called the local news station asking whether they really owned the radar they kept calling "Our Live Doppeler Radar", or were they just paying for a feed from the airport or something. It's just one anecdote, but for what it's worth, the answers were not very forthcoming.
Nah, you're paranoid enough for two, but you're possibly right. However the answer is not to panic, but to figure out what the hidden part is.
1. It could be Microsoft. I don't think Bill G and Darl actually planned the whole thing myself, but some people have mentioned it, so let's grant the possibility. If so, MS isn't up to a lot, they tried something, it is in the process of failure, they don't have a way to turn that around, so they are either regrouping or starting something else unrelated. IF MS has an evil plan, I hope they have enough sense to pick somebody totally unconnected to SCO for the next attempt, cause anything less is unworthy.
2. There could be problems throughout SCOs parent, the Canopy Group. That could lead to another stock market scandle as big as Enron (SCO by itself is much smaller), but it's not particularly related to Linux, and most slashdotters are either unaffected, or just need to check their retirement fund account to make sure it's not vested, not just in SCO, but not heavily in SCO's sister corporations. If that actually turns out to be true, I'll give you a pat on the back for being just paranoid enough.
So, if you wanted to look up the Canopy Group's holdings, and see if others are involved in lots of lawsuits, etc. You could maybe either allay your fears or prove you were right.
Try Italy - Good Food, hot chicks, everyone knows how to say Ciao! already, more beaches, more tolerance for us heathen devil's forign tongues.
This is hedging one's bets, not really betting against themselves. The difference is, it involves only a part of the company's stock and the profit that may result is to offset some of the losses on the other part that had to result as well. If the rest of the stock had gone up, the net gain would be partially offset by the loss that would result here. The SEC should look a this, but it's not automatically a bad thing to do, just in specific circumstances.
Then maybe we still don't get good pictures unless the steering still works.
Seriously, there's almost no chance the Hubble would be pointed in the right direction to catch the first flash. I don't know how long it would take NASA to revise the mission parameters and point the durned thing at the right spot. Maybe just a few hours, considering that most astronomers would understand the importance of such an event instantly, or maybe we'd miss the first few weeks, considering that most admin types wouldn't.
Yeah, but parthenos would be a silly name for a shoe.
Where's the troll? - You are. You claim to know a whole bunch of things you think are in my imagination, like that "heroic sniper", without anything I said giving you the first clue as to how I actually think. You're the one who uses words such as "oddly unselfconsious musings". You're the one using the word "nasty" over and over. You have so far accused me of "mental masturbation", not being "well socialized", and being "just nasty", as well as proclaiming you have made me feel stupid. if repeated ad-hominym attacks don't make a troll, nothing does, so yes, you are a TROLL.
While we're at it, if someone does manage to either kill or capture Ben Laden, he will be a hero, as far as I am concerned. If you think differently, I'd say that's your problem. TROLL.
The failure rate is not acceptable. I'm not just saying that because of the better than 1% failure rate for the shuttle, which many people would still voluntarily risk, but because of cascading failures. The last shuttle accident lead to an increased risk of accidents aboard the ISS not being mitigatable, and it sped up the timetable for closing down Hubble. NASA has tried to pick an optimum time to gwet as much use out of Hubble as possible, but that optimum is more of a guess without being able to rely on the shuttle as a potential back up. What happens if the Hubble shuts down all internal electronics a week before the de-orbit burn is scheduled? We're stuck with either letting it come down randomly or running a mission riskier than the one we just decided was too risky.
That's why I'm agreeing the failure rate is too high, because there is still the possibility of a cascade of secondary failures for years after the first, and that's so even assuming we fully fix the cause of the first.
We _plan_ to have a replacemnt sent up. The current plan assumes about a 3 year gap when we won't have a space based telescope. If the economy doesn't get more rosy, that three year gap might stretch to five or more. Ground based telescopes have also improved and can take up more of the slack than many expect, but there is some risk here. For ex. what happens if there is a nearby supernova during that window when we don't have a space based scope? We have a small but significant chance of missing a once in a few hundred years observing opportunity because it happens to fall in the gap.
Yes, this is not related to the manned mars mission. The decision to deorbit Hubble has already been made. Nothing is being lost here to the new programs, and nothing is being lost from unmanned missions and straight science to promote manned missions. However, something may well be lost for other reasons.