DUDE!! by external forces they mean PHYSICAL FORCE APPLIED FROM OUTSIDE OF THE PHONE. This is not not and incredibly complex concept. It does not take a great deal of science to determine from which side force was applied to break a piece of glass.
Yes Li-Pos are much safer than Li-ion but they do outgas eventually and can be damaged from being dropped. They do not however do this suddenly without warning. When the battery fails it will begin to swell to several times there original volume before the casing fails and any outgassing or flame shooting occurs. They DO NOT GO BOOM, but like any high capacity electronic device the can catch fire. This is why in RC racing most tracks require that Li-Po's be charged in flame proof bags and be inspected for any physical damage after every run.
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Note -- At present I only know of one reported case of an iPod catching on fire due to a battery failure and that was a direct cause of being dropped. And lets face it even 1000 cases per million of people doing something stupid and breaking a handheld device would be low.
Incorrect. As noted in the Sultan of Brunei example above, identity of the parties need not be material.
it need not be, but it is when one of the elements of the contract is that your not using a false identity. If I say I will sell you a meal for $10 if and only if your the sultan of Brunei. Its sure as hell is material.
As the judge explained on page 21 of the opinion, what Drew did could well constitute unauthorized access
OK if the judge admits that the first element of the crime may have been met what the hell are we bitching about the TOS for. Oh I see now hmm thats some quality judging there he actually validates "ignorance of the Law" as an excuse. I stand behind and reaffirm my STUPID.
How can using a username and password, given to you by the owner of the system, be hacking?
if I trick the server to reset the password of an account and send the new password to my email instead of the real users its not Hacking COOL.
Am I hacking when a co-worker allows me to use his account?
Um Yes. co-worker has no authority to allow you to use his account. Authorization can only come from the owner of the computer system. Is it trespassing if i trick your landlord into giving me the keys to your apartment. YES.
Should violation of "MySpace can change these terms and conditions without giving notice" terms and conditions ever give rise to criminal proscecution?
No and that never was a charge here. it was an element of a charge.
Do you want to make all US Citizens Felons?
No but lets face reality and admit we are all criminals.
Its possible I'm not, but its definite your not. The parties involved in a contract will always be material. duh. False clearly implies intentional. Incorrect can be accidental. Contracts are entered by two parties in agreement If one party is falsifying its identity there is no agreement.
true (although it was no bearing on this case). Its like those cases we've seen of people getting in trouble for taking pictures in a store. It's not trespassing to go into the store. It's not trespassing to take a picture in violation of there policys (a Brick and Mortar TOS sortof). It is trespassing if you stay there after they ask you to leave.
She didn't violate the TOS she used a stolen account and password. Just because the person she stole them from was a figment of her imagination doesn't change a thing, She logged in with someone else's password. Thats the definition of unauthorized access.
You half right dummy. Your free to say anything you want. Even if it is threatening or hate speech they can't stop you. they can punish you afterwards for the content of hate speech if directed towards someone or if it is viewed as a threat. But free speech does not absolve you of the responsibility for the end result of anything you say. Speech is an action and actions have consequences. If what you say causes death or injury your still responsible. Freedom of speech doesn't give you the right to harass someone to the point of suicide any more than the right to bear arms gives you the right to shoot someone.
COOL - its not illegal to use a stolen account and password to access a computer system. Remember that when I'm using your account and password to access all your banking info.
She should sue that why she'll have some more money to pay the settlement to the family of the girl she MURDERED.
No Its MURDER. Manslaughter means there was no intent. The act of committing fraud in order to do it creates an intent to injure. Killing someone with no intent to injury = Manslaughter Killing someone with intent to injure but not kill = second degree murder
Judge Wu is an idiot. TOS is not an issue. SHE never agreed to the TOS. SHE was never authorized to access the systems. Their was no contract. She willfully entered a members only club that she knew she didn't belong to thats trespassing. PERIOD
Explain to me exactly how the fact that she accessed a computer system that she did not have authority to access isn't 'unauthorized access'.
Notes She never violated the TOS. The TOS is a contract which she never agreed to (the nonexistent user she created did).
Giving false info to obtain something of value is a crime. PERIOD. Just because everybody on this site commits it doesn't change the fact that its a crime (just like speeding).
If you willfully commit a crime and it leads to someone's death, by law, its murder. Even if you just steal a candy bar and the clerk has a heart attack chasing you its murder.
THIS LADY IS A MURDERER. Plain and simple no if ands or buts.
No one has mentioned the LCDs melting, Just the screens breaking. And it seems to me that we would see deformation of the case well before the glass would shatter.
these latest reports sound just a bit funny to me. I know the iPod is built well but I just don't see the screen breaking before the back deforms. Remember these batteries don't explode they expand and then off gas flames. The description of the events just don't match what you would expect from a battery of this type failing in this device. the first one in britain - yes 1 device is damaged by a drop 2 device begins to overheat 3 device shoots short burst of flames this is how you would expect this device to fail. But the last couple -- It just went pop and the screen shattered -- strange indeed, especially since the second seemed like he was reading the account of the first one line by line rather then telling something that happened to him.
this is clearly an unlawful seizure. Wether or not the search was valid all the sheriff needs for an investigation are images of the drives. Changing the passwords is like searching a house for drugs changing the locks and preventing the owners from using there own property. This is basically a hostage situation.
they don't really care about the speed. 256k of 3 meg cost them the about same. They only care about the price. 256 is great when priced accordingly (same as dialup). Its ideal for those who only use it for email (grandma)
real problem is ISPs want to use obsolete equipment they pulled from bigger markets and soak rural areas with substandard service at high rates with no cost to themselves while they take the money to upgrade bigger markets. eventually sending that equipment to the rural area once its obsolete.
The big carriers will ignore the stimulus. Small Start-ups will take the money and build into new markets. the start-ups will then sell out to the big ISP's the start ups get rich from tax money the big ISP get expansion paid for by the government with no regulations attached.
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DUDE!! by external forces they mean PHYSICAL FORCE APPLIED FROM OUTSIDE OF THE PHONE. This is not not and incredibly complex concept. It does not take a great deal of science to determine from which side force was applied to break a piece of glass.
Yes Li-Pos are much safer than Li-ion but they do outgas eventually and can be damaged from being dropped. They do not however do this suddenly without warning. When the battery fails it will begin to swell to several times there original volume before the casing fails and any outgassing or flame shooting occurs. They DO NOT GO BOOM, but like any high capacity electronic device the can catch fire. This is why in RC racing most tracks require that Li-Po's be charged in flame proof bags and be inspected for any physical damage after every run.
.
Note -- At present I only know of one reported case of an iPod catching on fire due to a battery failure and that was a direct cause of being dropped. And lets face it even 1000 cases per million of people doing something stupid and breaking a handheld device would be low.
At least in her state it does.
Incorrect. As noted in the Sultan of Brunei example above, identity of the parties need not be material.
it need not be, but it is when one of the elements of the contract is that your not using a false identity. If I say I will sell you a meal for $10 if and only if your the sultan of Brunei. Its sure as hell is material.
As the judge explained on page 21 of the opinion, what Drew did could well constitute unauthorized access
OK if the judge admits that the first element of the crime may have been met what the hell are we bitching about the TOS for. Oh I see now hmm thats some quality judging there he actually validates "ignorance of the Law" as an excuse. I stand behind and reaffirm my STUPID.
How can using a username and password, given to you by the owner of the system, be hacking?
if I trick the server to reset the password of an account and send the new password to my email instead of the real users its not Hacking COOL.
Am I hacking when a co-worker allows me to use his account?
Um Yes. co-worker has no authority to allow you to use his account. Authorization can only come from the owner of the computer system. Is it trespassing if i trick your landlord into giving me the keys to your apartment. YES.
Should violation of "MySpace can change these terms and conditions without giving notice" terms and conditions ever give rise to criminal proscecution?
No and that never was a charge here. it was an element of a charge.
Do you want to make all US Citizens Felons?
No but lets face reality and admit we are all criminals.
Problem is Mrs Drew wasn't a member of the club, she gave the doorman the membership card of a teenage boy. Thats trespassing.
It is possible that you are not a skilled lawyer.
Its possible I'm not, but its definite your not.
The parties involved in a contract will always be material. duh.
False clearly implies intentional. Incorrect can be accidental.
Contracts are entered by two parties in agreement If one party is falsifying its identity there is no agreement.
Its because 'them there fancy computer dellybobs scare us poor simple prosicuter folks'
If i log on to your system with your ID and password its not hacking then?
Explain please how using a username and password that aren't yours isn't hacking. Hell thats 90% of all hacking.
true (although it was no bearing on this case).
Its like those cases we've seen of people getting in trouble for taking pictures in a store. It's not trespassing to go into the store. It's not trespassing to take a picture in violation of there policys (a Brick and Mortar TOS sortof). It is trespassing if you stay there after they ask you to leave.
She didn't violate the TOS she used a stolen account and password. Just because the person she stole them from was a figment of her imagination doesn't change a thing, She logged in with someone else's password. Thats the definition of unauthorized access.
You half right dummy. Your free to say anything you want. Even if it is threatening or hate speech they can't stop you. they can punish you afterwards for the content of hate speech if directed towards someone or if it is viewed as a threat. But free speech does not absolve you of the responsibility for the end result of anything you say. Speech is an action and actions have consequences. If what you say causes death or injury your still responsible.
Freedom of speech doesn't give you the right to harass someone to the point of suicide any more than the right to bear arms gives you the right to shoot someone.
Thats absolutely true if the musician intended to cause mental anguish to that specific person.
COOL - its not illegal to use a stolen account and password to access a computer system. Remember that when I'm using your account and password to access all your banking info.
She should sue that why she'll have some more money to pay the settlement to the family of the girl she MURDERED.
No Its MURDER. Manslaughter means there was no intent. The act of committing fraud in order to do it creates an intent to injure.
Killing someone with no intent to injury = Manslaughter
Killing someone with intent to injure but not kill = second degree murder
Judge Wu is an idiot. TOS is not an issue. SHE never agreed to the TOS. SHE was never authorized to access the systems. Their was no contract. She willfully entered a members only club that she knew she didn't belong to thats trespassing. PERIOD
Explain to me exactly how the fact that she accessed a computer system that she did not have authority to access isn't 'unauthorized access'.
Notes
She never violated the TOS. The TOS is a contract which she never agreed to (the nonexistent user she created did).
Giving false info to obtain something of value is a crime. PERIOD. Just because everybody on this site commits it doesn't change the fact that its a crime (just like speeding).
If you willfully commit a crime and it leads to someone's death, by law, its murder. Even if you just steal a candy bar and the clerk has a heart attack chasing you its murder.
THIS LADY IS A MURDERER. Plain and simple no if ands or buts.
No one has mentioned the LCDs melting, Just the screens breaking. And it seems to me that we would see deformation of the case well before the glass would shatter.
Now they buy you dinner first!
these latest reports sound just a bit funny to me. I know the iPod is built well but I just don't see the screen breaking before the back deforms. Remember these batteries don't explode they expand and then off gas flames. The description of the events just don't match what you would expect from a battery of this type failing in this device.
the first one in britain - yes
1 device is damaged by a drop
2 device begins to overheat
3 device shoots short burst of flames
this is how you would expect this device to fail.
But the last couple -- It just went pop and the screen shattered -- strange indeed, especially since the second seemed like he was reading the account of the first one line by line rather then telling something that happened to him.
this is clearly an unlawful seizure. Wether or not the search was valid all the sheriff needs for an investigation are images of the drives. Changing the passwords is like searching a house for drugs changing the locks and preventing the owners from using there own property. This is basically a hostage situation.
they don't really care about the speed. 256k of 3 meg cost them the about same. They only care about the price.
256 is great when priced accordingly (same as dialup). Its ideal for those who only use it for email (grandma)
real problem is ISPs want to use obsolete equipment they pulled from bigger markets and soak rural areas with substandard service at high rates with no cost to themselves while they take the money to upgrade bigger markets. eventually sending that equipment to the rural area once its obsolete.
The big carriers will ignore the stimulus.
Small Start-ups will take the money and build into new markets.
the start-ups will then sell out to the big ISP's
the start ups get rich from tax money
the big ISP get expansion paid for by the government with no regulations attached.
We get screwed and pay for the privilege
Here's a thought learn how to use your software.
iTunes is making copies because you told it to in the preferences.
if iTunes is to complex for you sell your computer and buy an acubus.