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User: bcmm

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  1. Re:Classic case of trade mark infringment. on American Red Cross Sued For Using a Red Cross · · Score: 5, Informative
    Missed it first time round, but, Article 53 is even clearer:

    The use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation " Red Cross " or " Geneva Cross " or any sign or designation constituting an imitation thereof, whatever the object of such use, and irrespective of the date of its adoption, shall be prohibited at all times.
    Skipped a bit about the Swiss flag...

    Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of 27 July 1929, may grant to prior users of the emblems, designations, signs or marks designated in the first paragraph, a time limit not to exceed three years from the coming into force of the present Convention to discontinue such use provided that the said use shall not be such as would appear, in time of war, to confer the protection of the Convention.
    And Article 54:

    The High Contracting Parties shall, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under Article 53.
    So even if J&J had the trademark before this came into force, the US Government was legally required to stop them within three years of adopting the Convention. I don't know which revision introduced this, but it would seem that it's been illegal for J&J to use it since 1952 at the latest.

    The US signed the First Convention in 1882. I think that's all the directly relevant bits to this case. IANAL. :-)
  2. Re:Classic case of trade mark infringment. on American Red Cross Sued For Using a Red Cross · · Score: 5, Informative

    J&J have the trademark in the area of medicines and so on, and now the ARC is using that trademark to promote their own produces.

    I think that J&J have the law on their side in this case.
    Except that the emblems of the Red Cross have special status in international law. Their main purpose is to indicate buildings, vehicles and personal which are used solely for treating the injured and may not be attacked. From Article 44 of the First Geneva Convention (1864, last revision 1949):

    With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the red cross on a white ground and the words " Red Cross" or " Geneva Cross " may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present Convention and other Conventions dealing with similar matters.
    Skipped a bit covering exactly how National Red Cross Societies (e.g. ARC) are allowed to use the emblems for purposes other than protection, during peacetime.

    As an exceptional measure, in conformity with national legislation and with the express permission of one of the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of the Convention may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick.
    So, if J&J are using the Red Cross emblem on stuff they are not giving away for free, they are violating the First Geneva Convention (one of the most important and widely respected international conventions, except in Guantanamo Bay).

    It seems to me that the US government has a duty to prevent private companies violating the Geneva Conventions, and if the convention is properly implemented in law, there should be a valid legal reason to strike down J&J's trademark.
  3. Re:Did I read this right? on Sun Moves Into Commodity Silicon · · Score: 1

    They're adding together all the cores (which is sorta-OK), and all the threads running on each core (which is not OK because they compete for some of the same resources).

    It's a bit like me calling my 1.86GHz Core 2 Duo a 3.72GHz processor because it has two cores. Sure, it can perform 3.72 billion cycles per second, in total, but no part of it is actually clocked at that speed.

    Actually, when it comes to counting each thread on each core, it's getting to be a bit like calling a 2GHz P4 with hyperthreading a 4GHz processor, when it certainly is not doing 4 billion cycles per second anywhere.

    I'm tired. It's 4am here. Someone who knows all about processor design is gonna correct me.

  4. Re:MSN does some weiiiiiird things... on MSN Censors Your IM · · Score: 1

    I did this in both 2-person and group chats, with people who were using the official client. They see the other person ending the convo. In a group chat, every participant sees all the other participants leave at once.

    IIRC there are a few other fun blocked words, but I've forgotten them.

  5. Re:BECAUSE THERE IS NO FREE ALTERNATIVE on School District To Parents — Buy Office 2007 · · Score: 1

    It's not OO.o, but try BasKet. It's a KDE note taking application which supports various useful type of data; for example text, images (captured from the screen, imported or drawn), files, URLS, even colours. It also allows you to make TODO lists with checkboxes, etc., etc. Development is quite fast and there should be a Windows port probably sometime this year.

  6. Re:15 years later... on Old School Linux Remembered, Parts 0.02 & 0.03 · · Score: 1

    In what way is Linux like a microkernel? A true microkernel puts a lot more than just device drivers in userspace.

  7. Re:You mother fuckers are pissing me off on The DRM Scorecard · · Score: 0, Offtopic

    WHY does this have to happen the day after my mod points expire?

  8. Re:Fork? on Linux Creator Calls GPLv3 Authors 'Hypocrites' · · Score: 1

    I propose we all use FreeBSD userland on Linux kernels. And call it FreeBSD/Linux. Just to upset RMS.

  9. Re:This is just hilarious on School District To Parents — Buy Office 2007 · · Score: 1

    They modified the file format, in order that one couldn't continue using old versions.

    They broke things so that positioning an image is now even more painful than it was.

    They added a feature which uses some website to translate text. Try the it sometime. It will open your browser at a page which tries to persuade you to pay for professional translation.

    That's about all I can think of.

  10. Drivers for Windows on Cross-OS File System That Sucks Less? · · Score: 1

    The short answer is that, out of the box, Windows supports no decent FSs. However, there are several projects which provide read/wrie EXT3 drivers for Windows.

  11. Re:Poor thunderbird on Thunderbird to Leave Mozilla Foundation · · Score: 1

    What security issues are there? There are stupid email clients which will autoload remote images (which spammers use to confirm viewing), but Thunderbird doesn't load remote images till you ask it to. This was originally why I abandoned Outlook Express for a rather early version of Thunderbird (0.6 I think?). I suppose even Outlook Express has probably fixed that by now as well...

  12. Re:Easy answer... on Safest Seat on a Plane, Or How to Survive a Crash · · Score: 1

    The flu symptoms probably just come from breathing really really dry air. Drink more water.

  13. Re:Full circle? on Linux Kernel To Have Stable Userspace Drive · · Score: 1

    I should point out that IIRC the Linux kernel has been made to run on top of the L4 microkernel. This is not the same as Linux itself being a microkernel.

  14. Re:Full circle? on Linux Kernel To Have Stable Userspace Drive · · Score: 1

    Modularisation doesn't make it a microkernel. A loaded kernel module runs in kernel space just like any other kernel code, and will bring down the rest of the kernel if it crashes. A userspace driver (or one of the many daemon's doing all the interesting work for a true microkernel) should be able to segfault without bringing the kernel down.

    Of course, if it's doing something really vital like managing the root FS (possible in a proper microkernel but not in Linux), you could be screwed anyway.

    In any case, Linux will never be a microkernel because it is fundamentally not designed that way. A lot more than just the device drivers run in userspace in a true microkernel system (even if all the stuff Ubuntu modularises were in userspace, it still wouldn't be a microkernel). I believe GNU HURD has the POSIX API provided by a userspace program, for example.

  15. Re:Query on Gigabyte N680SLI-DQ6 - A Mother Of A Motherboard · · Score: 1

    Gigabit Ethernet cards sometimes use PCI-E because there is not much bandwidth left on a PCI bus with the network card using a whole Gb/s.

  16. Re:Why? on Gigabyte N680SLI-DQ6 - A Mother Of A Motherboard · · Score: 1

    it's hard to find multi-port gigabit cards that are anything except PCI-X
    That's because 2x1Gb/s is more bandwidth than a single standard PCI slot has.
  17. Re:famous last words on Analyst Says Blu-ray DRM Safe For 10 Years · · Score: 1

    Maybe Enigma could have been cracked anyway, but the machines were certainly not always used correctly. Lazy users reused keys to save time and sometimes repeated predictable phrases in the plaintext to ensure clear transmission, and this was how the first attacks were made.

  18. Re:Any clue as to what the hell THIS means? on UK Proposal To Restrict Internet Pornography Sparks Row · · Score: 2, Informative

    It's English for a useless object. A chocolate fireguard would melt.

  19. Re:why... on Sony Develops Fluid-Filled Bags For Hard Disks · · Score: 2, Informative

    Cause it mentioned Sony ;)

  20. Re:Well on Tunguska Impact Crater Found? · · Score: 1

    Trees directly under the airburst experienced no force sideways, as the shockwave came straight down, and thus were not knocked over. Some were observed to be stripped of their branches. The ones further out got a significant horizontal component to the blast and so were knocked over. The pattern of damage to the trees would seem to make an airburst almost certain. The most this crater could be is where a small fragment of debris landed.

  21. Re:Shell replacements? on Pimp Your XP · · Score: 1

    A shell is what Explorer is. Explorer.exe draws the desktop with it's icons, and provides the start menu and file manager windows. It also does a thousand small things, but a good shell replacement will do those just the same by loading the same libs. It will not change the appearance of all programs or effect window management, but there are other programs to change various aspects of those. What it will do is provide (or not provide at all) a different appearance for the desktop, possibly totally different idea from the start menu for loading programs, and again what can be a very or slightly different bar at the top or bottom of the screen.

  22. Re:Shell replacements? on Pimp Your XP · · Score: 1

    IIRC it's just one registry change. If you only ever use one app on Windows, (not uncommon on /. I think) you can just set that as your shell.

  23. Shell replacements? on Pimp Your XP · · Score: 4, Interesting

    It seems that this article completely skips over the possibility of replacing Explorer with something less crap. I don't just mean the file browser, I mean the desktop, start menu, etc.

  24. Re:A few comments... on USAF Developing New "SR-72" Supersonic Spy? · · Score: 1

    The Blackbird has already reached that point - if they see a missile, pilots are trained to simply accelerate. They can do that fast enough that the missile can't catch up. But they still need stealth so they can spy on people without making them too angry.

  25. Oh come on on Safari for Windows Downloaded Over 1 Million Times · · Score: 4, Insightful

    If these downloads manifested into regular Safari users...
    I think a very large number of people, including myself, downloaded it just to see what it was like and have no intention of actually using it.