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User: penix1

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Comments · 1,338

  1. Re:The patent procedures has to be improved on Amazon Gift Ordering Patent Revoked In EU · · Score: 3, Insightful

    The original idea to protect an invention for the commercial benefit of the inventor is lost in these ridiculous amazon-patents whose only purpose is to prevent competition and build a legal base for suing everybody that passes by.


    Is that what you really believe patents are for? The "commercial benefit of the inventor" isn't the reason to have patents. Where is the public domain in all this avarice? Useful patents are being drowned out by the frivolous. The courts are being bogged down by the rush to get triple damages on these frivolous patents. Both the patent and copyright systems are broken beyond all hope and need to be scrapped and revamped. The public domain needs an advocate that it doesn't have now. But that isn't going to happen because greed trumps good. Everyone in this system is looking for a perpetual payday, public good be damned.
  2. Re:Which is just the opposite of "regular" justice on High Earning Spammers Face Tougher Sentences · · Score: 1

    Add together Enron, WorldCom, the S&L scams, and the current Housing Market scams, corporate back-dating scams, predatory credit card scams, stock manipulation scams, pretexting ... Shall I continue? All the scamming done by the corporate world nets those doing it very light sentences in comparison to the actual harm done in contrast to what this spammer got. Worse, in most cases it nets no punishment at all because of the deals made for immunity all so they can testify before Congress.

  3. Re:Income calculation? on High Earning Spammers Face Tougher Sentences · · Score: 1

    From what I read, IANAL and all, the defendant stipulated it. He kept meticulous records indicating such as well. Note to spammers, don't keep the logs!

  4. Re:no surprises here then... on DoJ Sides With RIAA On Damages · · Score: 1

    Her life isn't ruined. She can declare bankruptcy, get this debt knocked down to something she can pay and she can continue on with her life.


    ummm...No! Judgements are exempt from bankruptcy just like student loans are. The only thing a bankruptcy declaration would do is temporarily relieve her of her other debts so she can concentrate on the judgement. Besides, the bankruptcy code changes makes it just about impossible for an individual to declare bankruptcy while making it easier for creditors to collect on debt. This was an outcome of the bankruptcy bonanza of the last decade.

    Why should we carve out copyright infringement


    We're not the ones that carved it out. That was the **AA that pushed for that in legislation. Ever really read the FBI warnings on the boxes of movies? Copyright infringement carries a criminal as well as civil penalty. Why should it have the benefits of both without having to carry the highest burden?
  5. Re:Yet another wrong answer... on Spam Trap Claims 10x-100x Accuracy Gain · · Score: 1

    Really? Can you point me to a reference for this info?

  6. Re:No longer required.. on AT&T To Decommission Pay Phones · · Score: 1

    .Because there are cellphone everywhere? But if you find yourself without cellphone in a situation,would some stranger lend you his for a call you want to make?

    Oh its about profit...ok..


    Worse, cities like Baltimore removed all their fire call boxes on the promise that pay phones will be on those corners where the fire call boxes were. Will they have to reinstall all those call boxes now because the phone company is breaking their promise?
  7. Re:Yet another wrong answer... on Spam Trap Claims 10x-100x Accuracy Gain · · Score: 3, Interesting

    ...and get very few opt-outs and many reactions.


    I can imagine the reactions you get...

    There are two reasons for this. First, nobody is receiving your emails because you are blocked nine ways to hell in their spam filters. Second, because most spam (yours included) use the opt-out crap for email verification of their lists. They know they have a live one so most sane people ignore opt-out links in email since they are dangerous.

    what needs to be changed *IS* the opt-out crap. It needs to be confirmed-opt-in plain and simple. While they are at it, I wouldn't say no to outlawing email harvesting either. Throw in a $10,000.00 fine for each violation of either provision and call it pretty. Make half the fine go to the organization that hunts down violators and we got a sound business solution.
  8. Re:Not affect how skilled hackers get malware on Google Wants You to Report Malware · · Score: 1

    I see the point the OP is making though. He is making the slippery slope argument (not very effectively though) that once you filter for one item, the avalanche will tumble on you to filter any item made by any group.

    Personally, I think they should have a similar rating system to /. not the page rank crap they currently have which is set by Google. Let the users decide if some link is crap and rate it as such and display the total score possible with user comment tags. I can't tell you how many times I hit dead links, keyword-whoring links, other search engine links, etc.. There is no filter like those that use the service.

  9. Re:Riaa-Radar on How Do You Find New Non-RIAA Music? · · Score: 1

    Ok, I fully understand this argument but what I think the OP was after was the fact that the bigger you get the more likely you are to run afoul of an RIAA distributor. The reason for this is the simple fact that ALL the BIG distributors ARE RIAA members. It is part of the stranglehold the RIAA has on the distribution channels. Not all artists have full control of their content. In fact, most do not when they sign any contract with the labels RIAA member or not. That's the key to being RIAA free. If the band doesn't control the copyright, they have no say who their rinky-dink label sells the distribution rights to.

  10. Re:IOW on Maryland To Tax Custom Programming and Computer Services · · Score: 3, Informative

    There's a recursive joke in there somewhere...

  11. Re:Maybe... Illegal where? on The Pirate Bay Facing "Old Fashioned" Pressure · · Score: 5, Insightful

    If musicians can't make money, they won't record.


    This is a crock. Many, if not most of the bands out there are not making any profits off the labels so nothing will change on that front. Also, not every band out there does it for the money. Many do it for *GASP* the music or *GASP* the recognition for the real money maker, concerts. In the days before big mega media corps, many bands released their music to their local radio stations for this recognition. When was the last time you heard one on your local radio? Maybe it's time to break up the stranglehold the labels have on the media market. Maybe it is time the labels cartel was broken up starting with the RIAA itself.
  12. Re:yay free market on Study Warns of Internet Brownouts By 2010 · · Score: 4, Insightful

    And just what incentive do the providers have to install said hardware? In fact, there is every incentive NOT to invest shit into it and let "teh tubes clog!!!!111!!!" They will scream to Congress as they try to fight the tide of Net Neutrality. That's what I predict they will do. Lord forbid they actually have to invest in anything except marketing overselling what the technology can support.

  13. Re:DC vs AC on The Last DC Power Grid Shut Down in NYC · · Score: 1

    The easiest way would be to use a DC to DC Converter. BTW, there are DC transformers known as flyback converters. Look it up on wikipedia.

  14. Re:I agree its wrong on Wi-Fi Piggybacking Widespread · · Score: 1

    It does make you in breech of a contract that you sign for the service. The choice you have is agree or go with another provider that doesn't have that clause. Good luck finding one. It also means you will be the one bearing the brunt of any legal troubles and Verizon won't lift a finger to help you.

  15. Re:I agree its wrong on Wi-Fi Piggybacking Widespread · · Score: 1

    Home is defined in the contract to mean the domicile where service enters.

    Real world is far different than contract bliss. The thing is, if you piggy-back, it is a violation of *THIS* contract (YMMV on your ISP Contract) and if caught, they can terminate you for violation of the contract. I stated in my first post that I didn't know if any real law was violated except possibly contract law.

  16. Re:I agree its wrong on Wi-Fi Piggybacking Widespread · · Score: 1

    The part that answers your questions is 3.3:

    "You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission."

  17. Re:I agree its wrong on Wi-Fi Piggybacking Widespread · · Score: 1

    What part of "You may connect multiple computers/devices within a single home" in section 3.7.2 don't you understand?

  18. Re:Sounds preposterous on AT&T Invests in Filtered Networking · · Score: 1

    Along the same lines (and possibly more importantly) this should, in my IANAL HO, remove their DMCA safe harbor exemption. Now any content that gets through means AT&T allowed it through. They are opening up a huge can of worms with this action.

  19. Re:I agree its wrong on Wi-Fi Piggybacking Widespread · · Score: 3, Informative
    You may not be in violation of a law but in most cases you are in violation of you ISP contract. Go back and re-read what is says about securing wireless as well as the definition of a "home network". In my case (Verizon) it says:

    3.2 We will provide you with or, if available in your area for your chosen Service, you will choose, a User ID and/or Verizon User Name (collectively, "User ID") and password for each account purchased to enable you to access the Service. You agree to protect your User ID and to pay for all activity associated with it.

      3.3 You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission. You also agree to use the Service only within the United States.

      3.4 The Service is a consumer service and is not designed or intended to be used by any business or for any business or commercial purpose.


    and:

    3.7.1 You may not resell the Broadband Service, use it for high volume purposes, or exceed the bandwidth usage limitations that Verizon may establish from time to time for the Service.

      3.7.2 You may connect multiple computers/devices within a single home to your Broadband modem and/or router to access the Service, but only through a single Broadband account and a single IP address obtained from Verizon.

    Even if your contract doesn't have that clause (something I doubt) YOU are still responsible for it in the event it is used for something illegal. It is a bad idea to open your wireless for this reason alone.
  20. Re:youre a dirty damn hippy on Russia Honors the Spy Who Stole the A-Bomb · · Score: 1

    You forgot a couple of major points namely the movement of the Pacific Fleet to Pearl and the blockade the US put on Japan after they invaded Manchuria. The movement of the fleet from San Diego to Pearl Harbor was seen as a threat to Japan (which it was since that was the reason to move it) and the blockade further cut off their natural resources. The US would have done the same thing to any country moving its arms within striking distance as witnessed in the 60s with the Cuban Missile Crisis.

  21. Re:Not to troll, but what do they expect for retur on Wal-Mart's $200 Linux PC Sells Out · · Score: 1

    I don't think I am inflated on my price and this is why. It isn't just the OS that comes bundled with Microsoft systems sold in places like WalMart. You also get all the other timeout ware (aka trialware) as well as all sorts of other stuff pre-installed all ready for you to shell out more money once you get used to using it. This usually includes things like Norton's AV, Works or even a scaled down version of Office, some sort of video player, trial games galore, etc... If it was just the OS that was bundled I would agree that my price was inflated but it isn't. Funny thing is, even though most of it is trialware they still add the price in for them and people still pay for it.

  22. Re:Not to troll, but what do they expect for retur on Wal-Mart's $200 Linux PC Sells Out · · Score: 4, Insightful

    Or on the other hand, if you had no knowledge of computers and walked into a store only to see a machine for $200 and right next to it the same machine for $500-$700 which would you buy? OS choice really isn't as important as some on /. would make it out to be to the average Joe. All they are looking for is will it do what they want it to do for the cheapest price. Here is where Linux can fall flat on its face if someone doesn't make retail versions of software as available and ubiquitous as Windows software. Put a boxed set of Open Office next to that Microsoft Office suite and then we can talk. You see, there is the problem with this thing. Everything you need is included with the distro making this kind of visibility moot. The problem is that the same time Joe Average is picking out that computer they are also looking at the software shelf loaded with Microsoft centric crap. The moment they pick up that shareware disk for $5.00 and ask, "will this work on that box I'm buying?" will be the kiss of death on that sale. Add in the fact that sales people at WalMart aren't the pick of the crop and mess up even Windows technical issues and it is a recipe for a PR disaster.

    Assuming that at least some of those sales of this box was to Joe Average, this can be a boon or bust moment all dependant on the support they get from WalMart. If WalMart washes their hands after sale (i.e. "All sales are final. Take it up with the manufacturer or Ubuntu") then this could be doomed after all the geeks have gotten theirs.

    Personally, I wish WalMart success on this venture. There is nothing more healthy to a monopoly than competition.

  23. Re:The truth hurts. on NASA Knows How To Party · · Score: 2, Informative

    I'm of course assuming that, like in my country, welfare is contingent on proving that you've actually tried to get a job.


    That was your first error. Unemployment insurance is based on continuing job searches while welfare isn't to the same extent. Personal Responsibility and Work Opportunity Act of 1996 (commonly called the Welfare Reform Act although to my knowledge no such act is in existence) made sweeping changes. From http://en.wikipedia.org/wiki/Welfare_reform

    "One of the bill's provisions was a time limit. Under the law, no person could receive welfare payments for more than five years, consecutive or nonconsecutive. Another controversial change was transferring welfare to a block grant system, i.e. one in which the federal government gives states "blocks" of money, which the states then distribute under their own legislation and criteria. Some states simply kept the federal rules, but others used the money for non-welfare programs, such as subsidized childcare (to allow parents to work) or subsidized public transportation (to allow people to travel to work without owning cars).[Haskins 2006; Blank 2002]."

    The only motivator is the fact that one can only get it for a cumulative 5 years. After that, tough luck for you!
  24. Re:So in other words... on Tools To Squash the Botnets · · Score: 2, Insightful

    but it is in the interests of the ISP, as spam and DDoS continues eats up their bandwidth.


    You seem to be of the impression that ISPs care about bandwidth. Here's a clue-by-four for you...

    They don't.

    In fact, they want as much bandwidth being eaten up as possible to support their claims of "teh tubes are clogged!!!111!!! We need to get evil Google (YouTube) to pay more since they are obviously the cause!" to Congress.
  25. Re:These lists are good, but.. on FTC Announces Crackdown on Do Not Call Violators · · Score: 2, Informative

    I have nothing against NGOs/charities. If I wish to donate, I can find my own suitable organization without prodding.


    NGO/charities aren't the only exemption in the law. The thing is so full of loopholes it looks like Swiss Cheese. For example, the DNC list has an exemption for anyone a company has dome business with in the past year or so. Of course, doing business hasn't been defined but that's just a technicality. In short, they tried to make opt-out the default for telemarketing just like they did with spam. Worse, it can take up to a year after you put yourself on the list for it to take effect. The Do-Not-Call list is one of the biggest publicity stunt Congress has pulled in a decade. Nothing more. the only thing this gets is the most blatant phone spammers.