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User: TheoMurpse

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Comments · 3,357

  1. Re:Wow! Who ever would have guessed that!? on You Are Not a Lawyer · · Score: 1

    I see. I wasn't aware of a jurisdiction that defines "pain and suffering" as thrice medical bills. You learn something new every day, huh?

  2. Re:Thank You!!!!! on You Are Not a Lawyer · · Score: 1

    There is also the SJD (doctor of juridical science, an even higher degree really only for a handful of academics, as only about twenty institutions in the US award one) and the LL.D., which is an honorary degree in the US.

  3. Re:No, I think the converse is true on You Are Not a Lawyer · · Score: 1

    This is the correct response. I'm in law school, and I've interned in the Eastern District right across the street from the federal courthouse, spoken personally with some E.D. judges, and have attended lectures on this topic given by some judges.

    Furthermore, J. Schneider, e.g., in Tyler, TX, has two clerkship positions at any given time. Students from places like MIT go there for free to gain patent experience for a year. No salary. Yeah, so a docket rich with students with degrees from places like MIT and Stanford working for the judges cause the district to be a bunch of idiots about techical issues? -- DOES NOT COMPUTE.

    The judges there specifically hire people with Ph.D.s to work for them as clerks.

    And to explain why I've got so much experience with these judges, I worked in Tyler and am on the editorial board for the IP law journal affiliated with the Texas Bar.

  4. Re:IANAL and who would want to be? on You Are Not a Lawyer · · Score: 1

    they need to know that their short sighted

    Indeed, if they can't even get the difference between "their" and "they're," how do they expect to get the difference between a motion to dismiss for lack of personal jurisdiction and a motion to dismiss for lack of subject matter jurisdiction?

    And this is in no way an attack on you specifically, sumdumass.

  5. Re:Pfft, lawyers on You Are Not a Lawyer · · Score: 1

    They claim that ignorance of the law is no defense.

    That doctrine is pragmatic. What a shitty world we would live in if everyone ever charged with any crime could say "I didn't know ____ was illegal" and get off because it's practically impossible to prove the knowledge of a person on a factual issue.

    There'd be basically no one in prison for any felony. How do you prove beyond reasonable doubt that the defendant knew bank fraud was illegal? The average person knows because he has had a set of cultural experiences, but how would you prove someone had had those cultural experiences in a court of law beyond reasonable doubt?

    People are so tied up in this idea that the law to be some logically consistent body of rules, when it's merely a cobbled-together reflection of the polity's mores, pragmatic judgments, and a bit of the Constitution rolled in. If you want a flawless and consistent legal system, move to a benevolent fascist state, because it sure as hell cannot exist in a democratic society.

    Pragmatism, sir, is the only way governance is remotely possible.

  6. Re:Stereotypes on You Are Not a Lawyer · · Score: 1

    A related note, though, on why debate is still important despite what you said. Suppose A and B are debating, and C agrees with B.

    If A says something B disagrees with, B may feel too personally attacked to change, but C does not, and C may change his mind accordingly.

  7. Re:Pfft, lawyers on You Are Not a Lawyer · · Score: 1

    Techie: If you don't know how to do what I do, then learn.

    Let me fix that for you:

    Techie: If you don't know how to do what I do, then move over so I can do it because you're boring me

    He's Nick Burns, your company's computer guy! (I wish NBC wasn't stupid about their IP, or I could provide you a link.)

    Look, it's patently true that learning to uninstall Windows takes less time than learning enough to participate meaningfully in the legal process. There's a reason "law" is a professional school, while "installing Linux" is an all-night festival organized by LUGs.

  8. Re:Legal standards of search and seizure on You Are Not a Lawyer · · Score: 1

    simple fool that get's the name of the jail tattooed on them to be proud of their arrests

    So are you a minority, or are you an asshole who breaks criminal laws all the time?

  9. Re:Legal standards of search and seizure on You Are Not a Lawyer · · Score: 1

    everyone on a jury if you get that far hates you

    There you are completely wrong. Experience and research of the jury system reveal that there is a non-trivial portion of jury panelists who want to find you not guilty before setting foot in the courtroom. I've taken classes on trial advocacy, and one of the research papers I had to read addressed specifically the point that voir dire is essential for a lawyer to locate his "advocates in the jury."

    Basically, during jury selection, the lawyer should find the people who are as I described: very amenable to finding the accused not guilty due to predispositions of character or conscience.

  10. Re:Wow! Who ever would have guessed that!? on You Are Not a Lawyer · · Score: 1

    And, limiting ourselves to federal IP laws, it's actually impossible to pirate them, as they are public domain. Oregon would claim dominion over their state's codification of local law, though!

  11. Re:Wow! Who ever would have guessed that!? on You Are Not a Lawyer · · Score: 1

    The doctor gets a third, the lawyer gets a third (half if it has to go to court) and you get a third (unless it goes to court).

    What jurisdiction do you live in where 1/3 of pain and suffering damages go to the doctor(s) who worked on you and 1/6 goes to the court system?

  12. Re:Wow! Who ever would have guessed that!? on You Are Not a Lawyer · · Score: 1

    To expound a bit on what R2.0 said, recall that almost all proceedings for copyright infringement are civil. Thus, you need show only >50% assurance of the decision, rather than "beyond reasonable doubt."

    If you have "Sympathy for the Devil.mp3" on your computer, I'd say there's at least a 50% likelihood, less other counterarguments ("I wrote a song with the same title, here, let me play it for you," e.g.), that you have the Rolling Stones song on your HDD.

  13. Re:Wow! Who ever would have guessed that!? on You Are Not a Lawyer · · Score: 1

    Perhaps my father was on to something when he tried to teach me that for all lawyers that exist none of them have any interest other than money and sucking the blood out of other people.

    Funny: that's what I taught my kids about techies! They are all BOFH-types, right? Yearning to lord their technical expertise over the rest of us who played sports when we were growing up. Those assholes!

  14. Re:Woz may be talented, famous, and dancing on Steve Wozniak To Appear On Dancing With the Stars · · Score: 1

    Where I come from, bigger = better!

    Suck on that, low-UID lusers!

  15. Re:Still not good for textbooks on Amazon Announces Kindle 2, With Slew of New Features · · Score: 1

    Minus the color, that sounds an awful lot like the iRex iLiad. If I had the money (it's expensive), I'd own it already. I don't read books that use color, so that's not a concern for me. But you'd better believe that I, a law student, make annotations in cases that are available for free online in PDF form already.

    Except I have to pay $130 for the bundle of cases in each class. And printing at my school is $.14/p, so it's not economically feasible to print each case out anyway.

    I wish you luck in finding what you need.

  16. Re:Looks big... on Amazon Announces Kindle 2, With Slew of New Features · · Score: 1

    You make a good point, but I think books and magazines have certain margins in part for readability purposes. I know there's a mathematical relationship between characters per line and readability; I wouldn't be surprised if there's a relationship between readability and margin-width.

  17. Re:Not really the same at all then on Amazon Announces Kindle 2, With Slew of New Features · · Score: 1

    What a positive comment about Amazon from someone named "Super Kindle." I never would have expected that!

  18. Re:Very tempted to get this on Amazon Announces Kindle 2, With Slew of New Features · · Score: 1

    The slow page turning speed and inability to simply flick through to find what you want makes them less suitable for books where you don't just read start to finish

    Full-text search is inferior to flipping through pages looking for a word/phrase you already know you're looking for?

  19. Re:Very tempted to get this on Amazon Announces Kindle 2, With Slew of New Features · · Score: 1

    You're forgetting to take into account the second buyer. With a completely above-board model, we have:

    X buys book for $20. X sells book to Y for $18. X is out $2, Y is out $18, and the publisher+author+etc is up $20 and out one book.

    The "pirate" model is
    X downloads book and gives $2 to author. Y has no choice but to buy the book from the author now for $20. X is out $2, Y is out $20, and publisher+author+etc is up $22.

    Assuming Y will still want the book and will go along with the second model, the author actually does better.

  20. Re:Very tempted to get this on Amazon Announces Kindle 2, With Slew of New Features · · Score: 1

    Handwritten notes. Handwritten notes. I don't just write words, I circle words, draw lines that connect certain underlined portions to others, etc.

    I need to be able to handwrite notes. Without that, the Kindle is practically worthless to me. I suppose others don't suffer the same fastidious interest in unusual learning techniques.

  21. Re:Very tempted to get this on Amazon Announces Kindle 2, With Slew of New Features · · Score: 5, Funny

    Good God, your

    post looks

            like an e.
    e cummings poem.

  22. Re:Very tempted to get this on Amazon Announces Kindle 2, With Slew of New Features · · Score: 1

    You can't take notes on the screen. The iRex iLiad permits this. I'm still holding out on graduating from school and hoping the Kindle 3 has that feature soon, because shit the iLiad is expensive.

    Taking notes is essential to me for all books I read, for leisure or work or school. I read cases constantly, and I also take notes in the margins of literature, philosophy, and science books I read for pleasure.

  23. Re:no soup! on $2 Billion For Broadband Cut From Stimulus Bill · · Score: 1

    I've got to call a huge amount of bullshit on this.

    A direct transfer payment (without government meddling) would AT LEAST be 100% efficient.

    What do you mean by this? Do you think the government puts the tax revenues in a vault and yells "hahaha lalala" at the citizenry? No, they spend it (and more than they already have, I might add)!

    When a government job is created, it is not stimulative. It is a transfer from taxpayers to another taxpayer

    And when I and my wife have my local plumber fix a leak, is that not also a transfer from one taxpayers to another taxpayer?

    Listen, if government spending didn't work, you wouldn't have a lot of economists with more knowledge than you or I saying that the money multiplier for government spending right now in this crisis is higher than the money multiplier for tax cuts.

  24. Re:more good mathy books on Mathematics Reading List For High School Students? · · Score: 1

    I think those are excellent choices. I also think that a book that deals directly with sophisticated mathematical topics in a user-friendly way is a good thing. That's why I'd suggest Coincidences, Chaos, and All That Math Jazz: Making Light of Weighty Ideas by Burger & Starbird.

    I've seen Prof. Starbird teach topology to run-of-the-mill liberal arts majors with ease. This book I think would be a good way to inspire high schoolers who are interested to study probability, topology, infinity, and other topics you don't talk about in high school.

  25. Re:Start making the production value of CD's on Will the New RIAA Tactic Boost P2P File Sharing? · · Score: 1

    Assuming that you need (x-y+1)/2 Hz difference between radio stations for them not to interfere substantially with each other, if you let it become a free-for-all, if one station picks (x+y)/2 Hz as their spectrum, you've wasted space because it would be more efficient to have an assignment at x Hz and an assignment at y Hz. That's a 50% reduction in assignment efficiency!

    Not only that, but I'd expect Clearchannel to broadcast immediately on every frequency because they have the money to put up antennae very fast and begin to broadcast crap.