About regulation 538.08 (in the Florida Laws regarding secondhand dealers)
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538.08 Stolen goods; petition for return.--
(1) If the secondhand dealer contests the identification or ownership of the property, the person alleging ownership of the property may, provided that a timely report of the theft of the goods was made to the proper authorities, bring an action for replevin in the county or circuit court by petition in substantially the following form:
Plaintiff A. B., sues defendant C. D., and alleges:
1. This is an action to recover possession of personal property in _______________ County, Florida.
2. The description of the property is: (list property) . To the best of plaintiff's knowledge, information, and belief, the value of the property is $_______________.
3. Plaintiff is entitled to the possession of the property under a security agreement dated __________, (year) , a copy of which is attached.
4. To plaintiff's best knowledge, information, and belief, the property is located at ____________________.
5. The property is wrongfully detained by defendant. Defendant came into possession of the property by (describe method of possession) . To plaintiff's best knowledge, information, and belief, defendant detains the property because (give reasons) .
6. The property has not been taken under an execution or attachment against plaintiff's property.
(2) The filing fees shall be waived by the clerk of the court, and the service fees shall be waived by the sheriff. The court shall award the prevailing party attorney's fees and costs. In addition, when the filing party prevails in the replevin action, the court shall order payment of filing fees to the clerk and service fees to the sheriff.
(3) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. Upon the receipt of a petition for a writ by a secondhand dealer, the dealer shall hold the property at issue until the court determines the respective interests of the parties.
(4) In addition to the civil petition for return remedy, the state may file a motion as part of a pending criminal case related to the property. The criminal court has jurisdiction to determine ownership, to order return or other disposition of the property, and to order any appropriate restitution to any person. Such order shall be entered upon hearing after proper notice has been given to the secondhand dealer, the victim, and the defendant in the criminal case.
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Why on EARTH did she pay for something that was hers? The thought must've occurred to her at some point that there was a process (like the one listed above) to get it back without paying. Of course there is. And of course, it adds shady points to EB for taking advantage of her lack of knowledge and trying to score some extra illegal bucks. That's just low.
That was probably the most powerful thing I have read in a long time. I'm glad to have seen it, and I hope that the site doesn't get/.ed out of existence. That was... well, damn powerful. Wow.
Ah, interesting! I'll have to take a look at that... I think it would be very good to have such a standard be adopted by as many people as possible in the Open Source movement.
Oh, I was thinking more in terms of the standardized positions of things in a program, ways of installing and configuring, and so on... but you're right, GNOME is a step in that direction: it provides the visual consistency that's at least a first step. The further steps is what I'd be glad to see happen, if the steps aren't already being taken.
I'm a curious observer of the open source movement... as an observer, user, and hopefully one day developer, I've often asked myself the question of why it feels easier to use non Open Source software, at least to most people.
I pose this purely as a question, with no intended incinuation. Would it be against the spirit of the Open Source movement to draft a set of UI standards? For instance, in a development firm, there are set-in-stone standards as to how interfaces should look, where things should be placed, and where common settings and commands should be located in any program. To me, open source is basically extending the idea of the development firm to encompass every able and willing programmer on Earth.
Perhaps it would be prudent to have some kind of "convention" or gathering to draft a set of common standards that would help in the "usability" battle against M$? Does such a thing already exist? If so, perhaps it could use more publicity in developer's circles... or perhaps it needs re-drafting. If not, perhaps those of us who participate at some level in the use or develeopment of Open Source should consider drafting such a standard.
Caterpillar? I think you may have a distorted perspective on what PTSD actually is. It's an anxiety disorder caused by an actual event that occurred to the person in question. A purple caterpillar with sunglasses scenario... that probably falls more under the realm of Schizophrenia. =)
Hey, I'm just working on what I learned in a project I did a few years ago. If I'm wrong, then I stand corrected... you act like it was an insult to post though.
That also poses a point about the great benefits for Burn Victims... I've been focusing on the PTSD part of it a bit too much...
Finding a way to distract patients from pain is a far greater solution than medication. No side effects, no expensive or addictive substances to use (well, those who really like MMORPGs would disagree with my "addictive" statement, but...), and in general would be preferred over medication.
I mean, this daily dressing routine... it takes only a fraction of the day. Giving them morphine for it then ruins the majority of their day, as they spend it in a near-lifeless stupor. And without anything, those few minutes of the day would no doubt be torturous...
Aye, PTSD is a type of Anxiety disorder... (I did a report on it once =) =) ) Treatments that work for Anxiety Disorders in general will tend to work for PTSD. PTSD is a hard one though, because of the things that can set it off, and how (at least up to now) the reliving of experiences had to be done pretty much in the domain of the mind or with a psychiatrist.
Some would say that people already suffer from the new disorder you describe.
Like all medications, however, it stands to be abused. It's really up to the user to monitor themselves, or a doctor if such a system could be devised.
Well, the trick of PTSD is that, for most people, the daily struggle to not remember (and avoid things that remind them) is much more traumatic. Imagine walking down a street, and a certain type of tree or smell in the air sets you off. Between having that and having one extremely painful session of emotion-dulling via reliving the experience, I'll take emotion dulling. At least it will bring a somewhat permanent conclusion.
This is, of course, assuming that it actually WORKS. =)
This could present some fascinating implications for medicine... Post Traumatic Stress Disorder is often one of the more difficult psychological disorders to treat, and is pretty much tops in the category of "anxiety-related" disorders. It would be a wonderful thing if it actually is useful in treatment.
I guess my next question would be, and perhaps someone knows the answer to this... in the list of claims, does an infringing work have to have ALL of the features listed in the claims? Likewise, for something to be prior art, does it have to posess all of those features as well? Because I see a great deal of those claims that co-incide well with pretty much every processor ever made, and a few that are unique. At what point is it considered infringement?
It seems that we just can't keep the squatter gene out of the gene pool. Squatters in the American west hoarded terratory with the hope of claiming ownership by being there before others. Cybersquatters took (and still take) hundreds of Domain names with the hopes of one being bought out by a large company.
What we have here is simply a continuation of the squatter tradition... if you look in the article, it points out that this company "is now strictly in the IP business" by their own claim. Basically, they're admitting to being worthless squatter scum. It can't possibly get much more sad than that.
I wonder if this outsourcing trend will end up with software being labeled as "Made in the U.S.A.", like clothing, steel products, etc... were labeled when the remnant U.S. producers of the goods tried to fight against outsourcing. (Where did that movement go, anyways? I remember it being very popular when I was a child... is there still a push for "Made in the U.S.A. pride, or has everyone switched over to globalization?)
Do people predict that such a fate may be in store for software?
On a more humorous note, I don't mind either way... 50 cents for authentic Indian food? I'll take the first plane out there.
Until, of course, it's pointed out to me that India doesn't allow people from other countries to take jobs in theirs (it's a fact)... (fairness check everyone? Perhaps we *are* justified after all in wanting securities against outsourcing... just food for thought...)
Oh, and we must remember that technically the whole game was being "transmitted" back in the BBS days. The server had the copy of the game, and people simply played on it. Very few games indeed (in fact, the Pit being one of them) had any datafiles at ALL that you could optionally put onto the client machine. (The Pit had them for advanced graphics... I think LORD had RIP graphics that you could keep on your machine, but no one ever really did)
Given this point, I'd say that using door games as proof of prior art is a great idea.
Only IBM could take a good spirited, community driven idea like open source and turn it into a capitalist-oriented business concept. And patent it to boot.
Aye, the Pit is probably one of the best examples of prior art in this category... I remember playing that too, great game. =) One could use Legend of the Red Dragon as an example, and possibly one that more people would remember.
"For example, claim 92 of the '560 Patent covers the playing of a game over a communication network, such as the Internet, where multiple instances of a game are transmitted over the Internet between multiple players and a gaming website and some of these instances may overlap in time. Also, users' rankings may be transmitted from the gaming website to the users, where the rankings are indicative of the users' proficiency in playing the game for which the users' ranks are being displayed, and where the rankings are updated."
ROFL! I just thought I would include this juicy little quote from the letter. Apparently, these people decided that, for all intents and purposes, they not only patented the concept of the High Score, but Internet gaming itself!
Am I the only one that finds this trend of "knight someone because they are rich" or "knight someone because they are famous" unfortunate? I mean, isn't the knighthood supposed to be about honor, valor, and self-sacrifice?
(mumbles to himself) Gee, I hope no one looks up the history of the knighthood... (looks around);)
Slashdot Mirror
--- 538.08 Stolen goods; petition for return.--
(1) If the secondhand dealer contests the identification or ownership of the property, the person alleging ownership of the property may, provided that a timely report of the theft of the goods was made to the proper authorities, bring an action for replevin in the county or circuit court by petition in substantially the following form:
Plaintiff A. B., sues defendant C. D., and alleges:
1. This is an action to recover possession of personal property in _______________ County, Florida.
2. The description of the property is: (list property) . To the best of plaintiff's knowledge, information, and belief, the value of the property is $_______________.
3. Plaintiff is entitled to the possession of the property under a security agreement dated __________, (year) , a copy of which is attached.
4. To plaintiff's best knowledge, information, and belief, the property is located at ____________________.
5. The property is wrongfully detained by defendant. Defendant came into possession of the property by (describe method of possession) . To plaintiff's best knowledge, information, and belief, defendant detains the property because (give reasons) .
6. The property has not been taken under an execution or attachment against plaintiff's property.
(2) The filing fees shall be waived by the clerk of the court, and the service fees shall be waived by the sheriff. The court shall award the prevailing party attorney's fees and costs. In addition, when the filing party prevails in the replevin action, the court shall order payment of filing fees to the clerk and service fees to the sheriff.
(3) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. Upon the receipt of a petition for a writ by a secondhand dealer, the dealer shall hold the property at issue until the court determines the respective interests of the parties.
(4) In addition to the civil petition for return remedy, the state may file a motion as part of a pending criminal case related to the property. The criminal court has jurisdiction to determine ownership, to order return or other disposition of the property, and to order any appropriate restitution to any person. Such order shall be entered upon hearing after proper notice has been given to the secondhand dealer, the victim, and the defendant in the criminal case. --- Why on EARTH did she pay for something that was hers? The thought must've occurred to her at some point that there was a process (like the one listed above) to get it back without paying. Of course there is. And of course, it adds shady points to EB for taking advantage of her lack of knowledge and trying to score some extra illegal bucks. That's just low.
That was probably the most powerful thing I have read in a long time. I'm glad to have seen it, and I hope that the site doesn't get /.ed out of existence. That was... well, damn powerful. Wow.
Ah, interesting! I'll have to take a look at that... I think it would be very good to have such a standard be adopted by as many people as possible in the Open Source movement.
Oh, I was thinking more in terms of the standardized positions of things in a program, ways of installing and configuring, and so on... but you're right, GNOME is a step in that direction: it provides the visual consistency that's at least a first step. The further steps is what I'd be glad to see happen, if the steps aren't already being taken.
I pose this purely as a question, with no intended incinuation. Would it be against the spirit of the Open Source movement to draft a set of UI standards? For instance, in a development firm, there are set-in-stone standards as to how interfaces should look, where things should be placed, and where common settings and commands should be located in any program. To me, open source is basically extending the idea of the development firm to encompass every able and willing programmer on Earth.
Perhaps it would be prudent to have some kind of "convention" or gathering to draft a set of common standards that would help in the "usability" battle against M$? Does such a thing already exist? If so, perhaps it could use more publicity in developer's circles... or perhaps it needs re-drafting. If not, perhaps those of us who participate at some level in the use or develeopment of Open Source should consider drafting such a standard.
Caterpillar? I think you may have a distorted perspective on what PTSD actually is. It's an anxiety disorder caused by an actual event that occurred to the person in question. A purple caterpillar with sunglasses scenario... that probably falls more under the realm of Schizophrenia. =)
Hey, I'm just working on what I learned in a project I did a few years ago. If I'm wrong, then I stand corrected... you act like it was an insult to post though.
Finding a way to distract patients from pain is a far greater solution than medication. No side effects, no expensive or addictive substances to use (well, those who really like MMORPGs would disagree with my "addictive" statement, but...), and in general would be preferred over medication.
I mean, this daily dressing routine... it takes only a fraction of the day. Giving them morphine for it then ruins the majority of their day, as they spend it in a near-lifeless stupor. And without anything, those few minutes of the day would no doubt be torturous...
Aye, PTSD is a type of Anxiety disorder... (I did a report on it once =) =) ) Treatments that work for Anxiety Disorders in general will tend to work for PTSD. PTSD is a hard one though, because of the things that can set it off, and how (at least up to now) the reliving of experiences had to be done pretty much in the domain of the mind or with a psychiatrist.
Like all medications, however, it stands to be abused. It's really up to the user to monitor themselves, or a doctor if such a system could be devised.
This is, of course, assuming that it actually WORKS. =)
This could present some fascinating implications for medicine... Post Traumatic Stress Disorder is often one of the more difficult psychological disorders to treat, and is pretty much tops in the category of "anxiety-related" disorders. It would be a wonderful thing if it actually is useful in treatment.
Just a guess... you're not from New Hampshire, are you? (the Live Free or Don't statement leads me in that direction =) )
I guess my next question would be, and perhaps someone knows the answer to this... in the list of claims, does an infringing work have to have ALL of the features listed in the claims? Likewise, for something to be prior art, does it have to posess all of those features as well? Because I see a great deal of those claims that co-incide well with pretty much every processor ever made, and a few that are unique. At what point is it considered infringement?
It seems that we just can't keep the squatter gene out of the gene pool. Squatters in the American west hoarded terratory with the hope of claiming ownership by being there before others. Cybersquatters took (and still take) hundreds of Domain names with the hopes of one being bought out by a large company. What we have here is simply a continuation of the squatter tradition... if you look in the article, it points out that this company "is now strictly in the IP business" by their own claim. Basically, they're admitting to being worthless squatter scum. It can't possibly get much more sad than that.
Do people predict that such a fate may be in store for software?
On a more humorous note, I don't mind either way... 50 cents for authentic Indian food? I'll take the first plane out there.
Until, of course, it's pointed out to me that India doesn't allow people from other countries to take jobs in theirs (it's a fact)... (fairness check everyone? Perhaps we *are* justified after all in wanting securities against outsourcing... just food for thought...)
Oh, and we must remember that technically the whole game was being "transmitted" back in the BBS days. The server had the copy of the game, and people simply played on it. Very few games indeed (in fact, the Pit being one of them) had any datafiles at ALL that you could optionally put onto the client machine. (The Pit had them for advanced graphics... I think LORD had RIP graphics that you could keep on your machine, but no one ever really did) Given this point, I'd say that using door games as proof of prior art is a great idea.
Only IBM could take a good spirited, community driven idea like open source and turn it into a capitalist-oriented business concept. And patent it to boot.
I wish my name was phonetically similar to Microsoft.
Ah, memories... =)
ROFL! I just thought I would include this juicy little quote from the letter. Apparently, these people decided that, for all intents and purposes, they not only patented the concept of the High Score, but Internet gaming itself!
Am I the only one that finds this trend of "knight someone because they are rich" or "knight someone because they are famous" unfortunate? I mean, isn't the knighthood supposed to be about honor, valor, and self-sacrifice? (mumbles to himself) Gee, I hope no one looks up the history of the knighthood... (looks around) ;)