There's something about the title to this article that brings to mind Boba Fett going after the bounty. It's just nice to imagine him swooping in undetected, catching a spammer off-guard, and getting his man. I wouldn't mind a little carbonite freezing action either as the true evil of the universe are returned to the authorities, but then again I've let my fantasies get the better of me.
What's even more aggrevating is that these companies, once they pay for the mistakes in some manner (such as a fine), they are free to function as if nothing went wrong.
A perfect example is MCI/Worldcom. After imploding under massive amounts of fraud, screwing tons of people out of investments, employment, 401ks, etc, the company gets to "re-organize," pay a fine, then get government contracts. I bet if I'm punished for fraud, I would be shunned for life in any type of business setting.
This corporate crime problem will continue as long as it can be solved by fines, admitting no wrongdoing, and the limited minor punishments for those involved. I imagine if we held these people personally liable for all damage, put the company under 5-10 years probation, and made sure large jail sentances were required, we'd see a lot less of this trickery.
Then again, we don't want to hurt the innocent employess, and we don't want excessive government regulation.
at -40 F/C. Thus, it's not too far off. -34.5 C is -30.1 F, and -34.5 F is -36.9 C. When it's that cold, 5-10 degrees each way makes no difference. I camped on the ice of the Ottawa River in February, and let's just say I don't want to experience -30 C windchill again.
In general, when votes go to a particular party, they get more power. In Europe, we see majority coalitions in parliaments formed in this manner.
For example, the Socialists will have the most members elected in parliament, but not enough to rule. They will ally with the Greens, who will vote with the Socialists- thus giving the Socialists a de facto majority. In exchange, the Greens will get some of their ideas through, and the Socialists will support them on them. The Greens might even get a minister position or two.
That said, that does not work in the US. When a 3rd party get votes, and thus aids another party, they do not get help from the party they assisted. The Reform party helped get Clinton elected, by drawing votes in 1992 from Bush to Perot. Did the Reform party get any laws pushed through Congress? Did they get a position in the Cabinet? No. Same thing happened with the Green party, which drew votes away from Gore to Nader. Let's just say Bush has been awful with regards to the environment.
In a "winner take all" system like the US, we will never really have strong 3rd parties- too much of a barrier to entry. The 3rd parties lack access to debates, federal dollars, media focus, fundraising dollars, etc. Sure a few idealists support them, and they get a percentage point or two, but it's been a long time since a viable 3rd party was a national player over a period of time. I myself am a Green party member, and vote for a Green candidate if there is one, then I vote Libertarian, then Democrat as a 3rd choice.
The office has 80 employees, running 600 networked Power Mac G5. Assuming no bulk discounts, that's about $1.8 million total, or $22,500 per employee. I wish I worked for a company with those resources. Any chance they're running Seti@home when not working on any projects?;-)
You'll get in a lot of trouble. I'm an IP attorney, but all of us have to learn about trespass & defense of property in law school. This blurb from the Utah Cooperative Wildlife Management Association sums up the law on this aspect pretty well.
The duty of care owned by landowner or person in charge to a trespasser is to refrain from willfully, maliciously or recklessly injuring them. In other words, a landowner or person in charge cannot set traps for trespassers. A trap is a hazard that is known to the landowner or person in charge, but concealed to others. If a trespasser is injured by a trap, the landowner is open to liability for the injury, even though the trespasser violated he law by trespassing. The following have been held unlawful traps for which the landowner can be held responsible: (1) setting a spring gun, (2) creating obstacles on a public roadway, (3) installing a cable gate across a private road known to be used by he public. To reduce he liability risks for #3, the road should be posted as private access. If a cable or chain is used o close a road, it should be flagged with brightly colored flags or other materials.
and I'm also an optimist. I guess that means I won't thrive as a lawyer.
I am an underemployed lawyer, and silly me thought it was the terrible hiring market for lawyers. I guess the other underemployed lawyers I know are also too optimistic as well.
On a side note, there is indication that some lawyer functions might be off-shored in the near future, so I've got that to be optimistic about as well. Nothing like have Gurpreet in India writing your legal briefs.
I've seen the trailer a few times in the movie theatre, and it looks pretty impressive visually- soft lighting, retro color scheme, etc. I guess it doesn't translate as well onto the small screen.
Netflix claims that 80% of their subscribers receive their DVDs with one day delivery. This is as simple as putting distribution centers near large population centers.
Here in So Cal, the center is in Orange County- between LA & San Diego. I always get my movies (here in SD) in one day. It would be cost prohibitive to make centers everywhere to guarantee one day delivery.
I imagine Walmart and Blockbuster will mirror the Netflix model, and use centralized processing locations. I doubt you'll see service improve to less populated areas with competition. I imagine most letters take longer to deliver in your area versus my area.
Netflix is actually a few bucks cheaper than Blockbuster and Blockbuster certainly doesn't have the same inventory.
Netflix has a large stock of foreign and indy movies (couldn't find them on Walmart, but Blockbuster had most of them)
No customer reviews and ratings at BB or Walmart like Netflix
I've heard unlike Netflix, BB and Walmart do not allow you to put new releases in your queue a few weeks before they're released.
BB and Walmart censor content- they often do not include director cuts or unrated versions in a lot of cases. Afterall, BB is a Utah-based company, and Walmart is Arkansas-based. Good thing they're keeping us from seeing the unrated copy of The Lover.
Here's a company that has peer-to-peer television network platform. See their press release.
Re:Patents are not for ideas
on
Is IP Property?
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· Score: 1
US patent law has never covered "processes".
I forgot to respond to this one as well. According to 35 USC Section 101, patentable inventions cover:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Emphasis is mine. I'm not sure when this was updated, but it's been at least since the early 80s.
Re:Patents are not for ideas
on
Is IP Property?
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· Score: 1
Patents are for inventions, which are a kind of idea.
I'm sorry, but your post is wrong on several points. Doing a reduction ad absurdum, one could argue that farting is an idea- and thus protectable. For IP, you need more than just the "thought" or "idea," you need to actually do something with it.
For patents, you need a physical invention.
For trademarks, you need a good or service that carries your mark.
For copyrights, you need an expression fixed in a tangible medium.
All of these are more than just "ideas," they have to be attached to something phyical or tanigble in order to get protection.
I didn't go to three years of law school and have three years experience as an IP attorney to mess this one up.
People continually confuse this issue. Patents are for inventions, and not ideas (see my info website.)
You cannot patent an idea (such as flight), but you can patent an invention that uses that idea (such as the Wright Brothers' flying contraption). Per Locke, you cannot protect the idea of hunting the deer, you can protect deer once you've hunted it, and have it for yourself. You can also protect new items for hunting deer (guns, scent sprays, bombs, etc).
An "optimal algorithm" is not a mathmatical theory, constant or the like (unpatentable.) It is a process that actually does something in a stepwise manner- presicely what US patent law covers.
Philosophical v. practical origins of IP law
on
Is IP Property?
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· Score: 5, Informative
This is indeed the Big Question in IP law. I'm an IP attorney myself. I still have my favorite textbook by my desk: "Intellectual Property in the New Technological Age" (1997 edition). The introduction to the book gives 3 philosophical approaches to IP law.
The Natural Rights Perspective. This section quotes John Locke's Two Treatises on Government, in which he writes:
For this "labour" being the unquestionable property of the labourer, no man but he can have a right to what this is once joined to, at least where there is enough, and as good left in common for others.
The Personhood Perspective. This section quotes Markaret Jane Radin's Stanford Law Review Article entitled "Property and Personhood." (34 Stan. L. Rev. 957 (1982):
One may guage the strenght or significance of someone's relationship with an object by the kind of pain that would be occasioned by its loss. On this view, an object is closely related to one's personhood if its loss causes pain that cannot be relieved by the object's replacement.... If a wedding ring is stolen from a jeweler, insurance proceeds can reimburse the jeweler, but if a wedding ring is stolen from a loving wearer, the price of replacement will not restore the status quo.
This section also quotes Hagel:
The person has for its substantive end the right of placing its will in any and every thing, which thing is thereby mine; [and] because that thing has no such end in itself, its destiny and soul take on my will. [This consitutes] mankind's absolute right of appropriation over all things.
The Utilitarian/Economic Incentive Perspective.This book covers a few articles/comments here, and gives this summation:
Thus the economic justification for intellectual property [in the US] lies not in rewarding creators for their labor, but in assuring that they (and their creators) have appropriate incentives in creative activities.
Not wanting to re-read the entire book, I remember the following. The origins of all IP dates back to ol' England, when the King granted rights to produce something exclusively (and pay the King money). This became patent law. Trademarks arose in a similar style, the exclusive right to mark a product's source (in exchange for paying money to the King). Trademarks became a lot more important during the industrial revolution. Until then, people would buy generic products from their local market/seller. As goods were transported distances, they needed some sort of identification so that people could recognize them. I forget where copyright comes from (I'm a trademark and patent guy). Basically, the origins of IP law were a method for the King to tax producers, who then could make exclusive money on their goods/products.
That the RIAA is being sued over seeding Kazaa with fake files.
I don't think this is a matter of "buy patents then make money" as some may argue. They had their p2p network, and the RIAA was flooding them with bogus files to trick users. They purchased a technology that complimented their needs (e.g. weeding out the fake files and helping people find legit files), and now they're pulling the old "thou shalt not reverse engineer" argument.
If we replaced "Altnet" with "Microsoft" or another/. target, I imagine this discussion would get quite angry. I imagine we'll have a lot of "way to go!" comments this time around- we're all hypocrites!
The "questions" raised by "Fifty-nine Deceits in Fahrenheit 9/11" include commentary by Anne Coulter & Zell Miller. Are we really supposed to take these two talking heads seriously?
Zell Miller is the Democrat who gave an angry keynote speech at the Republican Convention. (on a side note, these speeches are usually positive and lay out an agenda for the party- and are not angry rants). In his speech, Miller said that anyone who referred to our troops in Iraq as "occupiers" instead of "liberators" was an insult to our country and our armed forces. Perhaps Miller did not watch President Bush's prime time news conference earlier this year, when he referred several times to our action in Iraq as "occupation," and said something like "Of course I'd be unhappy if I was occupied too." After some hard questions from Chris Matthews on "Hardball," Miller said he would like to live in an era when he could challenge someone to a duel, and ended the interview (source)
So with all the insane things coming out of their mouths, I'm supposed to believe them over Moore? Not likely.
Anyone who doesn't think that Bush hasn't relied upon propoganda is nuts. The whole Iraq thing is and continues to be pure propoganda. Remember the justification they used for the war? "We know where the weapons are;" "There's a line in the sand, when we cross it they'll use their gas;" "Iraq collaborates with Al Queda."
None of these have been found to be even remotely true, hundreds of billions of dollars later, thousands of lives lost- and we're still no safer today than we were before attacking Iraq. If we're safer, there should be less terror alerts, not more. I'd argue that we're less safe, because now we've launched a pre-emptive war on questionable reasons, and the Arabs hate us more.
Yes, but screen time for J.Lo was cut. In its original form, it was more Bennifer than the final version. For some reason (GIGLI), the Bennifer thing was toned down.
I think the point is that in the case of Firefox, the fix was out fast. The workaround for Download.Ject is nice, but it's not a fix- the underlying security issue remains. Hopefully we'll see one soon...?
Strangely enough, US movies sometimes translate better into foreign languages. I've lived in France, and speak French fluently. When "Bodyguard" (French title for "The Bodyguard") came out, I saw it in the theatres, and thought it was OK. When I saw it in the US, I realized it sucked. The people doing the French dubbing actually did a better job of acting than the original actors in the movie.
On another random note, usually the same person does the voices for the different actor (so Sean Connery always sounds the same). Makes me wonder if "The Postman" was better in French, since Kevin has a different person giving inflection to his voice...
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There's something about the title to this article that brings to mind Boba Fett going after the bounty. It's just nice to imagine him swooping in undetected, catching a spammer off-guard, and getting his man. I wouldn't mind a little carbonite freezing action either as the true evil of the universe are returned to the authorities, but then again I've let my fantasies get the better of me.
A perfect example is MCI/Worldcom. After imploding under massive amounts of fraud, screwing tons of people out of investments, employment, 401ks, etc, the company gets to "re-organize," pay a fine, then get government contracts. I bet if I'm punished for fraud, I would be shunned for life in any type of business setting.
This corporate crime problem will continue as long as it can be solved by fines, admitting no wrongdoing, and the limited minor punishments for those involved. I imagine if we held these people personally liable for all damage, put the company under 5-10 years probation, and made sure large jail sentances were required, we'd see a lot less of this trickery.
Then again, we don't want to hurt the innocent employess, and we don't want excessive government regulation.
at -40 F/C. Thus, it's not too far off. -34.5 C is -30.1 F, and -34.5 F is -36.9 C. When it's that cold, 5-10 degrees each way makes no difference. I camped on the ice of the Ottawa River in February, and let's just say I don't want to experience -30 C windchill again.
Tools-->Options-->Software Update
You see these options:
Periodically check for udates to:
[ ] Firefox
[ ] My Extensions and Themes
Check Now button
In my fresh install, both boxes were checked. I guess in the future it will tell me when there are updates to my browser/extensions/themes.
For example, the Socialists will have the most members elected in parliament, but not enough to rule. They will ally with the Greens, who will vote with the Socialists- thus giving the Socialists a de facto majority. In exchange, the Greens will get some of their ideas through, and the Socialists will support them on them. The Greens might even get a minister position or two.
That said, that does not work in the US. When a 3rd party get votes, and thus aids another party, they do not get help from the party they assisted. The Reform party helped get Clinton elected, by drawing votes in 1992 from Bush to Perot. Did the Reform party get any laws pushed through Congress? Did they get a position in the Cabinet? No. Same thing happened with the Green party, which drew votes away from Gore to Nader. Let's just say Bush has been awful with regards to the environment.
In a "winner take all" system like the US, we will never really have strong 3rd parties- too much of a barrier to entry. The 3rd parties lack access to debates, federal dollars, media focus, fundraising dollars, etc. Sure a few idealists support them, and they get a percentage point or two, but it's been a long time since a viable 3rd party was a national player over a period of time. I myself am a Green party member, and vote for a Green candidate if there is one, then I vote Libertarian, then Democrat as a 3rd choice.
The office has 80 employees, running 600 networked Power Mac G5. Assuming no bulk discounts, that's about $1.8 million total, or $22,500 per employee. I wish I worked for a company with those resources. Any chance they're running Seti@home when not working on any projects? ;-)
The duty of care owned by landowner or person in charge to a trespasser is to refrain from willfully, maliciously or recklessly injuring them. In other words, a landowner or person in charge cannot set traps for trespassers. A trap is a hazard that is known to the landowner or person in charge, but concealed to others. If a trespasser is injured by a trap, the landowner is open to liability for the injury, even though the trespasser violated he law by trespassing. The following have been held unlawful traps for which the landowner can be held responsible: (1) setting a spring gun, (2) creating obstacles on a public roadway, (3) installing a cable gate across a private road known to be used by he public. To reduce he liability risks for #3, the road should be posted as private access. If a cable or chain is used o close a road, it should be flagged with brightly colored flags or other materials.
I am an underemployed lawyer, and silly me thought it was the terrible hiring market for lawyers. I guess the other underemployed lawyers I know are also too optimistic as well.
On a side note, there is indication that some lawyer functions might be off-shored in the near future, so I've got that to be optimistic about as well. Nothing like have Gurpreet in India writing your legal briefs.
I've seen the trailer a few times in the movie theatre, and it looks pretty impressive visually- soft lighting, retro color scheme, etc. I guess it doesn't translate as well onto the small screen.
No, I just made sure my eyes were looking at the computer monitor.
Here in So Cal, the center is in Orange County- between LA & San Diego. I always get my movies (here in SD) in one day. It would be cost prohibitive to make centers everywhere to guarantee one day delivery.
I imagine Walmart and Blockbuster will mirror the Netflix model, and use centralized processing locations. I doubt you'll see service improve to less populated areas with competition. I imagine most letters take longer to deliver in your area versus my area.
Netflix has a large stock of foreign and indy movies (couldn't find them on Walmart, but Blockbuster had most of them)
No customer reviews and ratings at BB or Walmart like Netflix
I've heard unlike Netflix, BB and Walmart do not allow you to put new releases in your queue a few weeks before they're released.
BB and Walmart censor content- they often do not include director cuts or unrated versions in a lot of cases. Afterall, BB is a Utah-based company, and Walmart is Arkansas-based. Good thing they're keeping us from seeing the unrated copy of The Lover.
Here's a company that has peer-to-peer television network platform. See their press release.
I forgot to respond to this one as well. According to 35 USC Section 101, patentable inventions cover:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Emphasis is mine. I'm not sure when this was updated, but it's been at least since the early 80s.
I'm sorry, but your post is wrong on several points. Doing a reduction ad absurdum, one could argue that farting is an idea- and thus protectable. For IP, you need more than just the "thought" or "idea," you need to actually do something with it.
For patents, you need a physical invention.
For trademarks, you need a good or service that carries your mark.
For copyrights, you need an expression fixed in a tangible medium.
All of these are more than just "ideas," they have to be attached to something phyical or tanigble in order to get protection.
I didn't go to three years of law school and have three years experience as an IP attorney to mess this one up.
You cannot patent an idea (such as flight), but you can patent an invention that uses that idea (such as the Wright Brothers' flying contraption). Per Locke, you cannot protect the idea of hunting the deer, you can protect deer once you've hunted it, and have it for yourself. You can also protect new items for hunting deer (guns, scent sprays, bombs, etc).
An "optimal algorithm" is not a mathmatical theory, constant or the like (unpatentable.) It is a process that actually does something in a stepwise manner- presicely what US patent law covers.
The Natural Rights Perspective. This section quotes John Locke's Two Treatises on Government, in which he writes:
For this "labour" being the unquestionable property of the labourer, no man but he can have a right to what this is once joined to, at least where there is enough, and as good left in common for others.
The Personhood Perspective. This section quotes Markaret Jane Radin's Stanford Law Review Article entitled "Property and Personhood." (34 Stan. L. Rev. 957 (1982):
One may guage the strenght or significance of someone's relationship with an object by the kind of pain that would be occasioned by its loss. On this view, an object is closely related to one's personhood if its loss causes pain that cannot be relieved by the object's replacement. ... If a wedding ring is stolen from a jeweler, insurance proceeds can reimburse the jeweler, but if a wedding ring is stolen from a loving wearer, the price of replacement will not restore the status quo.
This section also quotes Hagel:
The person has for its substantive end the right of placing its will in any and every thing, which thing is thereby mine; [and] because that thing has no such end in itself, its destiny and soul take on my will. [This consitutes] mankind's absolute right of appropriation over all things.
The Utilitarian/Economic Incentive Perspective.This book covers a few articles/comments here, and gives this summation:
Thus the economic justification for intellectual property [in the US] lies not in rewarding creators for their labor, but in assuring that they (and their creators) have appropriate incentives in creative activities.
Not wanting to re-read the entire book, I remember the following. The origins of all IP dates back to ol' England, when the King granted rights to produce something exclusively (and pay the King money). This became patent law. Trademarks arose in a similar style, the exclusive right to mark a product's source (in exchange for paying money to the King). Trademarks became a lot more important during the industrial revolution. Until then, people would buy generic products from their local market/seller. As goods were transported distances, they needed some sort of identification so that people could recognize them. I forget where copyright comes from (I'm a trademark and patent guy). Basically, the origins of IP law were a method for the King to tax producers, who then could make exclusive money on their goods/products.
I don't think this is a matter of "buy patents then make money" as some may argue. They had their p2p network, and the RIAA was flooding them with bogus files to trick users. They purchased a technology that complimented their needs (e.g. weeding out the fake files and helping people find legit files), and now they're pulling the old "thou shalt not reverse engineer" argument.
If we replaced "Altnet" with "Microsoft" or another /. target, I imagine this discussion would get quite angry. I imagine we'll have a lot of "way to go!" comments this time around- we're all hypocrites!
Anne Coulter is the one who gave us things like "McCarthyism was a myth created by the liberals", compares Howard Dean to a war criminal, and "Liberals don't care about the environment."
Zell Miller is the Democrat who gave an angry keynote speech at the Republican Convention. (on a side note, these speeches are usually positive and lay out an agenda for the party- and are not angry rants). In his speech, Miller said that anyone who referred to our troops in Iraq as "occupiers" instead of "liberators" was an insult to our country and our armed forces. Perhaps Miller did not watch President Bush's prime time news conference earlier this year, when he referred several times to our action in Iraq as "occupation," and said something like "Of course I'd be unhappy if I was occupied too." After some hard questions from Chris Matthews on "Hardball," Miller said he would like to live in an era when he could challenge someone to a duel, and ended the interview (source)
So with all the insane things coming out of their mouths, I'm supposed to believe them over Moore? Not likely.
The "questions" raised by "Fifty-nine Deceits in Fahrenheit 9/11" include com
None of these have been found to be even remotely true, hundreds of billions of dollars later, thousands of lives lost- and we're still no safer today than we were before attacking Iraq. If we're safer, there should be less terror alerts, not more. I'd argue that we're less safe, because now we've launched a pre-emptive war on questionable reasons, and the Arabs hate us more.
Yes, but screen time for J.Lo was cut. In its original form, it was more Bennifer than the final version. For some reason (GIGLI), the Bennifer thing was toned down.
I think the point is that in the case of Firefox, the fix was out fast. The workaround for Download.Ject is nice, but it's not a fix- the underlying security issue remains. Hopefully we'll see one soon...?
On another random note, usually the same person does the voices for the different actor (so Sean Connery always sounds the same). Makes me wonder if "The Postman" was better in French, since Kevin has a different person giving inflection to his voice...