My understanding of a Mandamus Order (having been through one) was that it "compelled" action.
How the hell does a court provide an "advisory mandamus" order? Isn't that an oxymoron? An advisory can't compel action?
Sorry... I know you are on the other side of the argument, but "perhaps" you can explain what an advisory is as I don't know that we have that concept in Canada?
The US government, although the largest shareholder is not the ONLY shareholder. Minority shareholders have rights and a successful lawsuit benefits them too.
Ouch!!
I tend to think of Australia as a forward and progressive country like Canada.
My original post has certainly opened my eyes to Australia's shocking drive to the bottom.
Too bad... really.... I hope some Australian press read and comment on this someday.
"Couldn't they just bring you before the Canadian Human Rights Commission? No jury there."
There is no jury there because it isn't a criminal charge, and sure, and just like any Federal tribunal I'd make application for judicial review under Section 18 of the Federal Courts Act. Charter rights clearly take precedence to a tribunal.
Nice that you pick up "one" item and forget all the other areas that the Canadian Conservative Party has fallen on their collective asses.
The Harper Conservatives haven't been quite as bad for Canada as Bush Republicans have been for the US... but that is only because they've had less time to screw it up.
Maybe try implementing a "Charter of Rights and Freedoms" like we have in Canada?
http://laws.justice.gc.ca/en/charter/
I think Canada as a similar Commonwealth country might be a good precedent, and this would certainly stop the politicians from abdicating basic freedoms... which this seems to entail?
I mean, what politician is going to say "no, we want lessor rights than Canadians", or "no, we don't want Australians to have basic freedoms"?
Just a thought that this precedent might help.
"As you have learned in law school, it is of the essence of the American judicial system that BEFORE JUDICIAL ACTION IS TAKEN AGAINST SOMEONE THEY MUST BE GIVEN NOTICE, AND AN OPPORTUNITY TO BE HEARD."
Ray, Ray, Ray.... its only been a few weeks and you seem to have forgotten a key reason why there is no need for these defendants to be heard before a judge.
Come on Ray... you know the RIAA aren't filing any more lawsuits, right? They told us so!! They just want to uhm... uhmm.... know who some of their last remaining customers might be, to make nice?;)
(I could have modded, but all Ray's comments looked to be +5 and no one could give Ray Beckerman more Karma than he has IRL - thanks Ray!)
I checked Digg and couldn't find it (not a regular Digg user, but it would show up on a search, right?) and yet they show a web page where it is dugg? Okay... it may be me and my inability to search Digg, or a spoof (but it isn't April 1) but if it is removed from Digg, then I have to assume US government shenanigans.
Needless to say.... I don't use Norton anyway.... but I'd like to know what is going on.
1) subsidized by Microsoft (I think its called anti-competitive behaviour); or 2) Cowboy Neil setting prices.
It would be hard to convince me that 1 yr support(outsourced to Canonical or whomever) is the cost of XP AND the $20 difference in price. Equally hard to convince me that rolling a version for your laptop is any more difficult with Ubuntu (where I'm sure they'd get free assistance from a Canonical for support) than it is with XP.
As for large scale advantages with Windows boxes, the only one that I'm aware of is being paid by MS.
Good news is that Ubuntu is 1/3 of sales, although I'm not sure why? What idiot wouldn't take better hardware and a $20 discount - Microsoft can be uninstalled.
Microsoft must be frightened to have to buy market in this fashion - that is about a third of the computer's price they would be rebating?!
Mod this up. Not only does the XP machine cost $20 less and have twice the size SSD, it also comes with a full gig of memory versus a half gig for the equivalent Ubuntu version.
By my estimation that puts the same XP machine at $100 less than the equivalent Ubuntu machine? What weird economics are at work at Dell?
I have managed to get as far as a dual boot with Ubuntu for my SO. Tried to explain that her Windows problems were not my problem.
Problem is that she wants to be able to do the same things, the same way. Wants Picassa that deals with videos (Linux version doesn't). Wants Skype video (that may be available though I'd sure as hell like to get rid of Skype) to talk to her mom.
She is able to get around in Ubuntu, and and likes a few of the small games I installed to entice her. Close... not quite there yet.
Hey!! It tool a lot of work to make a not bad Anti-virus parasitic bloat wear!! He should be congratulated for having exceeded beyond anything anyone outside of MS could have conceived!
I'm Canadian and it too me a while to figure out BHO POTUS:)
NO, I think BHO has enough authority and momentum (legal, moral and political) at the moment to move at warp speed.... and I hope he does!!
I tried converting an office of about 25-30 people to Open Office and I can assure you that it will not be smooth. Now this was about 3? years ago, so I'm sure Open Office has improved greatly, and will make the job easier, but the problems I encountered were:
1) A general reluctance to move off of what they knew; 2) Concern that customers would not be able to communicate (whether the concern was valid or not); 3) Lack of training on Open Office. Everything is not the same and unfortunately users are not willing or able to work it out for themselves; 4) Some modules just were not as good as the Office modules particularly where there were heavy users or Powerpoint or Excel.
My recommendation isn't that you don't do it though. Its that you find a few people (5 or so) who will test and try and gently roll it out through the organisation, who are open to new things and who can act as "go to" people for others as you roll it our further.
I'd also be at pains to get the expert Powerpoint and Excel users to use it with some of their current presentations or spreadsheets to be certain that it works for them, and if not just say no problem and let them go on using what works.
I've found that people don't like change, and change unfortunately needs to be gradual, if its to succeed.
I've had that before. It can be effective to book an appointment and to show up their office with your letter and their response, and explain why their response is unacceptable.
And... ask them what they are going to do about it.
I would have thought that if they are dropping legal action against individuals... that meant your clients were no longer going to be harassed. In fact I'd hoped it would be like their signing of an unconditional surrender.... maybe next year?:)
The RIAA has certainly built up many years of ill will, and I know many of us who stopped buying their products will take a while to bring back into their fold - if ever.
I'd like it to be over, but I'm still not quite believing it.
I'm wondering how our friend NewYorkCountyLawyer feels, waking up to discover the legal war is over? Or is it?
We're all suspicious of the RIAA but my mind harkens back to the pictures of the liberation of Paris in World War II. Wonder if NYCL feels that way? Sorry, NYCL.... don't hae any beautiful French women for you to kiss in celebration:)
Who modded this rant as +5? Mod this down... way down! Outside of the fact that this rant is completely off topic, it is also completely inaccurate:
- There are at least 4 multilingual provinces, including the two largest. This bozo has obviously not been to Northern Ontario where french is as common as english. No, Quebec did not force other provinces to be blingual.
- There has NEVER been a vote that permitted succession in Quebec. So again, the First Nations/hydro electric is crap
- This isn't about forcing artists to provide content in Canada.
"a more useful approach would be a sort of meta-distribution that picks over the configuration settings of whatever distribution you're running, and makes suggestions (or alterations) where requested or required
If I had points, I'd mod you up! Maybe someone else will?
Slashdot Mirror
... (version we weren't intended to play, I mean) .. with the hot coffee add-in for GTA?
http://en.wikipedia.org/wiki/Hot_Coffee_minigame_controversy
My understanding of a Mandamus Order (having been through one) was that it "compelled" action.
How the hell does a court provide an "advisory mandamus" order? Isn't that an oxymoron? An advisory can't compel action?
Sorry ... I know you are on the other side of the argument, but "perhaps" you can explain what an advisory is as I don't know that we have that concept in Canada?
What as stupid article!!
The US government, although the largest shareholder is not the ONLY shareholder. Minority shareholders have rights and a successful lawsuit benefits them too.
I wish people would give their heads a shake!
Ouch!! I tend to think of Australia as a forward and progressive country like Canada. My original post has certainly opened my eyes to Australia's shocking drive to the bottom. Too bad ... really .... I hope some Australian press read and comment on this someday.
"Couldn't they just bring you before the Canadian Human Rights Commission? No jury there."
There is no jury there because it isn't a criminal charge, and sure, and just like any Federal tribunal I'd make application for judicial review under Section 18 of the Federal Courts Act. Charter rights clearly take precedence to a tribunal.
But you of course knew that, didn't you?
Nice that you pick up "one" item and forget all the other areas that the Canadian Conservative Party has fallen on their collective asses.
The Harper Conservatives haven't been quite as bad for Canada as Bush Republicans have been for the US ... but that is only because they've had less time to screw it up.
Maybe try implementing a "Charter of Rights and Freedoms" like we have in Canada? http://laws.justice.gc.ca/en/charter/ I think Canada as a similar Commonwealth country might be a good precedent, and this would certainly stop the politicians from abdicating basic freedoms ... which this seems to entail?
I mean, what politician is going to say "no, we want lessor rights than Canadians", or "no, we don't want Australians to have basic freedoms"?
Just a thought that this precedent might help.
Doesn't Australia have a constitutional document guaranteeing freedom of speech?
If this were happening in Canada, I'd start publishing every link I could on every website I could, and ask (no, beg) for trial date, and with a jury.
I think we have some daft politicians in the Conservative Party here, but looking at Australia ... maybe we aren't as bad off as I though? Yet .....
"I can see you have much to learn about the RIAA litigation process."
I think I'd like to keep it that way although, if it ever came to it, I'd be in court. I've fought bigger and won and lost and won and .....
Uhmmm ... yes .. forgot .... the Oppenheim effect ....
It will be interesting effect to observe when Professor Nesson's team finally get their opportunity to cross examine Matthew Oppenheim.
"As you have learned in law school, it is of the essence of the American judicial system that BEFORE JUDICIAL ACTION IS TAKEN AGAINST SOMEONE THEY MUST BE GIVEN NOTICE, AND AN OPPORTUNITY TO BE HEARD."
Ray, Ray, Ray .... its only been a few weeks and you seem to have forgotten a key reason why there is no need for these defendants to be heard before a judge.
Come on Ray ... you know the RIAA aren't filing any more lawsuits, right? They told us so!! They just want to uhm ... uhmm .... know who some of their last remaining customers might be, to make nice? ;)
(I could have modded, but all Ray's comments looked to be +5 and no one could give Ray Beckerman more Karma than he has IRL - thanks Ray!)
Or is it dangerous? ....
This Blog and the referenced link shows that reference to PIFTS has been removed from DIGG.
http://chrysler5thavenue.blogspot.com/
I checked Digg and couldn't find it (not a regular Digg user, but it would show up on a search, right?) and yet they show a web page where it is dugg? Okay ... it may be me and my inability to search Digg, or a spoof (but it isn't April 1) but if it is removed from Digg, then I have to assume US government shenanigans.
Needless to say .... I don't use Norton anyway .... but I'd like to know what is going on.
Thought train was rolling and I'll buy either:
1) subsidized by Microsoft (I think its called anti-competitive behaviour); or
2) Cowboy Neil setting prices.
It would be hard to convince me that 1 yr support(outsourced to Canonical or whomever) is the cost of XP AND the $20 difference in price. Equally hard to convince me that rolling a version for your laptop is any more difficult with Ubuntu (where I'm sure they'd get free assistance from a Canonical for support) than it is with XP.
As for large scale advantages with Windows boxes, the only one that I'm aware of is being paid by MS.
Good news is that Ubuntu is 1/3 of sales, although I'm not sure why? What idiot wouldn't take better hardware and a $20 discount - Microsoft can be uninstalled.
Microsoft must be frightened to have to buy market in this fashion - that is about a third of the computer's price they would be rebating?!
Mod this up. Not only does the XP machine cost $20 less and have twice the size SSD, it also comes with a full gig of memory versus a half gig for the equivalent Ubuntu version.
By my estimation that puts the same XP machine at $100 less than the equivalent Ubuntu machine? What weird economics are at work at Dell?
I have managed to get as far as a dual boot with Ubuntu for my SO. Tried to explain that her Windows problems were not my problem.
Problem is that she wants to be able to do the same things, the same way. Wants Picassa that deals with videos (Linux version doesn't). Wants Skype video (that may be available though I'd sure as hell like to get rid of Skype) to talk to her mom.
She is able to get around in Ubuntu, and and likes a few of the small games I installed to entice her. Close ... not quite there yet.
Hey!! It tool a lot of work to make a not bad Anti-virus parasitic bloat wear!! He should be congratulated for having exceeded beyond anything anyone outside of MS could have conceived!
I'm Canadian and it too me a while to figure out BHO POTUS :)
NO, I think BHO has enough authority and momentum (legal, moral and political) at the moment to move at warp speed .... and I hope he does!!
I tried converting an office of about 25-30 people to Open Office and I can assure you that it will not be smooth. Now this was about 3? years ago, so I'm sure Open Office has improved greatly, and will make the job easier, but the problems I encountered were:
1) A general reluctance to move off of what they knew;
2) Concern that customers would not be able to communicate (whether the concern was valid or not);
3) Lack of training on Open Office. Everything is not the same and unfortunately users are not willing or able to work it out for themselves;
4) Some modules just were not as good as the Office modules particularly where there were heavy users or Powerpoint or Excel.
My recommendation isn't that you don't do it though. Its that you find a few people (5 or so) who will test and try and gently roll it out through the organisation, who are open to new things and who can act as "go to" people for others as you roll it our further.
I'd also be at pains to get the expert Powerpoint and Excel users to use it with some of their current presentations or spreadsheets to be certain that it works for them, and if not just say no problem and let them go on using what works.
I've found that people don't like change, and change unfortunately needs to be gradual, if its to succeed.
I've had that before. It can be effective to book an appointment and to show up their office with your letter and their response, and explain why their response is unacceptable. And ... ask them what they are going to do about it.
I would have thought that if they are dropping legal action against individuals ... that meant your clients were no longer going to be harassed. In fact I'd hoped it would be like their signing of an unconditional surrender .... maybe next year? :)
The RIAA has certainly built up many years of ill will, and I know many of us who stopped buying their products will take a while to bring back into their fold - if ever.
I'd like it to be over, but I'm still not quite believing it.
I'm wondering how our friend NewYorkCountyLawyer feels, waking up to discover the legal war is over? Or is it? We're all suspicious of the RIAA but my mind harkens back to the pictures of the liberation of Paris in World War II. Wonder if NYCL feels that way? Sorry, NYCL .... don't hae any beautiful French women for you to kiss in celebration :)
The name MUD didn't seem to bother users and MUDs were (maybe still are?) quite popular. I don't think your concerns hold up.
Who modded this rant as +5? Mod this down ... way down! Outside of the fact that this rant is completely off topic, it is also completely inaccurate:
- There are at least 4 multilingual provinces, including the two largest. This bozo has obviously not been to Northern Ontario where french is as common as english. No, Quebec did not force other provinces to be blingual.
- There has NEVER been a vote that permitted succession in Quebec. So again, the First Nations/hydro electric is crap
- This isn't about forcing artists to provide content in Canada.
What a bunch of whining dribble. +5 for this?!!
... looks like Red Flag Linux ("RFL"), acts like RFL, but ... well, it isn't RFL. Aren't forks wonderful things!
"a more useful approach would be a sort of meta-distribution that picks over the configuration settings of whatever distribution you're running, and makes suggestions (or alterations) where requested or required
If I had points, I'd mod you up! Maybe someone else will?