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User: belmolis

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  1. estoppel? on RIAA Wants To Bar Jammie From Making Objections · · Score: 5, Interesting

    The RIAA's main argument is essentially judicial estoppel.The problem is that since the verdict in the first trial was overturned, matters implicit in that verdict were also overturned, so that there is effectively no previous determination. As I understand it, if the court in the first trial had made a separate determination of the validity of the copyrights, then reversal of the verdict on other grounds might let that determination stand and therefore prevent the defense from making the argument in the second trail, but since there was no such separate determination, overturning the verdict throws out everything.

    The RIAA has an additional argument that seems to me to have some validity, namely the expense of obtaining certified copies on an expedited basis. But isn't that actually a basis for a request for a continuance, or for permission to submit the certificates after the start of trial?

  2. Re:Apple's is losing its margins on Apple To Face Challenge At WWDC · · Score: 1

    what company isn't all about profit margin?

    The ones that are all about volume.

  3. Re:Are there any downsides to choice in this case? on Harsh Words From Google On Linux Development · · Score: 1

    I wouldn't omit Tk. It isn't used so much from C/C++, but is pretty widely used from Tcl, Python, and Perl.

  4. Re:What about Open Office on Judgement Against Microsoft Declares XML Editing Software To Be Worth $98? · · Score: 3, Interesting

    The use of XML for documents may postdate the patent, but text processing systems that separate document structure from details of formatting go back at least to the late 1970s in the form of Brian Reid's Scribe. Unless I have misunderstood the patent, this constitutes prior art.

  5. Re:Open Formats on Microsoft's Bulk Deal With New Zealand Collapses · · Score: 1

    If the purchaser is actually serious about open standards, then it will reject OOXML for three reasons: (a) it is not an open standard; (b) there is no conforming implementation, even by Microsoft; (c) in spite of the bizarre stance taken by ISO, it isn't a standard of any sort since no complete specification exists, much less has been voted on by ISO. Microsoft may well be able to trot out OOXML for organizations that want to go with Microsoft and just need an excuse, but this won't work with any organization that cares, nor should it survive legal scrutiny.

  6. Re:Outside repository on Public Notices Going Online, Not In Newspapers · · Score: 1

    How about an arrangement by which public notices would be stored in the Internet Archive? Small fees for this would help to support it.

  7. Re:Try outside the US on Where To Buy A Machine With Linux Pre-Installed · · Score: 1

    For those who don't read very carefully, ":)" means "I'm kidding". It's not a troll, it's a joke.

  8. Re:Try outside the US on Where To Buy A Machine With Linux Pre-Installed · · Score: 2, Funny

    I didn't know it was even possible to run Linux on a TRS-80. :)

  9. Re:Ubuntu kool-aid on Where To Buy A Machine With Linux Pre-Installed · · Score: 1

    I don't think that's the point. Ubuntu is probably the best choice for people migrating from MS Windows. However, there are other markets. For example, I have used Unix in one form or another for 25 years. I do most of my work from the command line. I want more-or-less traditional configuration files and controls and I want to install all sorts of development tools. Ubuntu is not the ideal distribution for someone like me, and, I suspect, a lot of other people who read /. At the same time, I like the ability to buy a laptop with Linux installed so that I can be sure that the audio and wifi work properly. So for people like me, it is desirable to have options other than Ubuntu.

  10. Re:Oh yes, "open standards" on City of Vancouver Adopts Open Standards · · Score: 1

    You're right that Microsoft is hoping to con people into thinking that OOXML is an open standard, but there are plenty of us here in BC who know the difference between OOXML and a real open standard like ODF.

  11. Re:The US Air Force rollout on US Army Will Upgrade To Windows Vista · · Score: 1

    Yes, but the reason the Democrats need to spend all those tax dollars is because the Republicans broke the economy. Fixing it isn't cheap.

  12. Re:A new low on RIAA MediaSentry, Dead In US, Is Alive In Australia · · Score: 1

    No, they contacted his ISP, which happens to be his landlord.

  13. Re:We have our own "Uday Husseins" on Timeglider Software Outlines Rosenberg Spy Case · · Score: 1

    Israel doesn't need to make things up to dehumanize its enemies: they openly advertise their depravity. Islamic anti-semites loudly proclaim their bigotry, explicitly state their genocidal aims, and take "credit" for war crimes up to and including the deliberate murder of little girls.

    The "incubator" stuff did not come from the Mossad. It came from Kuwait, not a big buddy of Israel.

  14. Re:Snorkle attachment in mouth...at the dentist's? on Sedate Your Kids While They Play · · Score: 1

    You take the snorkel out and do the dental work once the kid is under.

  15. Re:Wow, the RIAA is bad at this on Court Rejects RIAA's Proposed Protective Order · · Score: 3, Interesting

    What do you think they were up to in trying to get access to videos? I can imagine why they might want to see playlists, but videos can't possibly bear on the RIAA's case since they don't represent video owners. Are they in cahoots with the MPAA? Fishing for something embarassing ("The defendant is obviously a scumbag: we found 'Debbie Does Dallas' on her hard drive.")?

  16. Re:Klingon Linux distro on Sophos Releases Klingon Language Version · · Score: 1

    'm not sure what's at those codepoints that were proposed, but maybe if enough people just start using them, we can unofficially make it part of a extended Unicode standard?

    No, that's the wrong approach. Creating a conflict with Unicode Consortium decisions will just be inconvenient for people and make the Consortium mad. The right approach is to encode Klingon in the Private Use Area. This has already been done. The encoding is registered at the Conscript Registry. The Klingon range is F8D0-F8FF. James Kass's Code2000 font includes Klingon glyphs using the Conscript codepoint assignments.

  17. Re:I know where . . . on Hosting a Highly Inflammatory Document? · · Score: 3, Insightful

    Actually, he didn't come here for legal advice. It sounds like he's asking for technical advice. And your legal point is irrelevant - if he can mask his role in distributing the document, the legal powers of the police will be irrelevant. If they don't know who he is, they can't harass him.

  18. Is the report and/or code available? on Court Orders Breathalyzer Code Opened, Reveals Mess · · Score: 1

    Is the report or the source code available? I don't see any links to them.

  19. fraud? on Remote Kill Flags Surface In Kindle · · Score: 1

    I haven't seen the contracts, if any, that are signed when purchasing a Kindle or content for it, but this sounds like fraud and breach of contract. If they advertise that you get certain capabilities with the Kindle and can do certain things with the content and then disable these capabilities after sale, they have fraudulently advertised their products and have breached any contracts that may have been entered into unless those contracts authorize such behavior.

  20. Re:Linux on NSA Wages Cyberwar Against US Armed Forces Teams · · Score: 1

    Where does it say that the other teams were required to use MS Windows? And where does it say that West Point used SE Linux?

  21. Re:What about the root of all evil, Microsoft? on DOJ Nixes Lax Policy, Hardens Antitrust Enforcement · · Score: 1

    You're right about why Xerox tried, but in fact people continue to use "xerox" as a generic verb for "photocopy" and yet Xerox has not lost its trademark.

  22. Re:Is there something WRONG with the file menu? on OpenOffice UI Design Proposals Published · · Score: 2, Interesting

    For me, the oddest placement is not on the File menu but on the Edit menu: why is Navigate there? I would think that it should go on the View menu like the various toolbars.

  23. Re:Wikischools is total crap on Open Source Textbooks For California · · Score: 1

    Conservapedia is touted as a resource for schools and schoolchildren by its promoters, that's why.

  24. Re:Wikischools is total crap on Open Source Textbooks For California · · Score: 1

    I bet it isn't as bad as Conservapedia, which is just chock full of nonsense.

  25. Re:Return on investment on Open Source Textbooks For California · · Score: 1

    Are the books themselves available? I looked at several and all there was was the table of contents.