This is not a new concept. When my grandfather served on the U.S.S. Silversides (a Submarine) during WWII, they had torpedos with magnetic detonators. The ideal use for these was to fire them under the enemy ship and have them detonate under the keel, breaking it and guaranteeing a kill.
Well, that's unless the doctrines of Collateral Estoppel or Res Judicata kick in. Remember that there's a large part of the rules of Civil Procedure that require a party to bring all of their claims at the same time.
You're probably thinking of the CPPA (or is it the COPPA, I forget). You can find an analysis of the law and the Supreme Court's interpretation of it in Ashcroft v. Free Speech, 535 US 234.
In essence, the Court's ruling hinged on prior cases defining obscenity (and protecting pornography), and outlawing child pornography.
In NY v. Ferber, the Supreme Court said that child porn could be outlawed because of the harm to the child.
In Miller, the Supreme Court defined the test to determine whether speech was obscene such that it was not entitled to first amendment protections.
In Ashcroft, the Supreme Court held that virtual child pornography didn't fall within the Ferber exception because there was no harm to a real child. Therefore any attempt to ban it required application of the Miller test (a very high standard).
Okay, I'm a tool. It helps if you click on all the links in the post, not just the pictures. I thought it was weird when I saw the cube picture twice . . ..
Ah, yes, Article I, section 8, which provides That Congress shall have the power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
Here's the quick Con. Law lesson. Just because Congress has the power to do a thing, they aren't mandated to do a thing under the Constitution.
Pearl Jam has been doing something very similar for at least two years. My wife and I went to a concert here in Denver. Afterwards, we hit their web site and ordered the concert recording. We were immediately able to download an MP3. Later, we received a CD featuring the same concert with cleaned up audio.
It's a shame no one's giving PJ credit for this awesome idea.
You're never too old to play. I'm 28 and an attorney. I play with the 30 y/o network administrator of a local college, a 32 y/o geophysicist, and a 28 y/o non-traditional student.
If you're interested in finding a game near you, there are a number of great resources on the internet. I'd advise you to start with ENWorld.
As I understand the science, the kinetic energy of the bullet causes a state change in the material. It gets hard. It dissipates the energy (most likely as heat) and returns to its liquid state quickly.
Odds are you can push a needle through the armor as long as you're not running the machine at full speed. The stuff only turns hard if you hit it with a lot of energy. By using a slower moving needle, you can avoid triggering the armor's rigidity.
Of course, the pointier the stabbing implement, the less effective the armor. The needle probably can go faster than a knife, in part because it's so sharp.
Or could it be because we have a legal system that allows independant rational actors to determine the value of their rights and the price for which they'll part with them?
97% of cases in this country settle. Reasons for settlement vary. Cost of prosecuting or defending the case is one factor. However, you don't just balance the cost of litigating against the amount you want to win. Instead, you have to address the multitude of variables that constitute the jury.
Because the jury is the ultimate arbiter of fact in a case, you not only have to prove that the other party has, in some way violated your rights, you also have to prove the extent to which your rights were violated. Finally, you've got to get them to agree on a dollar amount.
The certainty of settlement looks a hell of a lot more attractive now, doesn't it? Settlement is a wonderfully rational option that hearkens back to traditional notions of contract. You can see why businesses so often see it as viable.
Actually, most settlement agreements have a disclaimer of liability (not guilt, this wasn't a criminal trial). If this had gone to the jury and an actual verdict been issued, then the court may have had the ability to set up a situation where further improper conduct on MSFT's part would have resulted in contemp citations.
Yet another reason why MSFT benefits from settling.
Actually, it's more likely that Minnesota's AG realized that they weren't going to be able to convince a jury of every element they needed to hit in order to obtain a favorable verdict.
The situation goes like this:
MN isn't sure they'll win, but MSFT isn't sure that it will be able to overcome local prejudice. What do you do? Give it to an unpredictable jury? Or make a decision everyone can live with?
In all fairness to Ford, they were simply applying a straightforward economic risk assesment when they released the Pinto.
Evaluate your risk of harm, evaluate the cost of dealing with the results of the harm, and compare with the cost of repairing the design. If it costs more to make the vehicle safer than it will cost to compensate those who are likely to be injured, then your conduct is arguably not negligent.
What screwed Ford over was that the plaintiff's lawyers brought in the evidence that they had done the cost-benefit analysis. The jury went ballistic.
Upon filing of bankruptcy petition, all legal actions being taken or to be taken against debtor are halted, no new lawsuits can be commenced and ongoing proceedings of judicial or quasi-judicial nature are halted. Bankr.Code, 11 U.S.C.A. 362(a).
Also, don't forget the Leeches.
That said, everyone says they hate lawyers, but we're always the busiest at the cocktail parties. Everyone says they love teachers, but they tend to end up in the corners.
IAAL.
--AC
Slashdot Mirror
This is not a new concept. When my grandfather served on the U.S.S. Silversides (a Submarine) during WWII, they had torpedos with magnetic detonators. The ideal use for these was to fire them under the enemy ship and have them detonate under the keel, breaking it and guaranteeing a kill.
--AC
Well, that's unless the doctrines of Collateral Estoppel or Res Judicata kick in. Remember that there's a large part of the rules of Civil Procedure that require a party to bring all of their claims at the same time.
--AC
I think that's a fair assessment, although Congress has been working on a new statute to save the virtual child pornography provisions of the COPPA.
The primary arguments advanced by the Government in favor of the law were that:
1) VCP is indistinguishable from real Child Porn. Therefore prosecutions for possession of real child porn were nearly impossible to win.
2) VCP whets the appetite of pedophiles, so its very existence was a danger to children.
--AC
You're probably thinking of the CPPA (or is it the COPPA, I forget). You can find an analysis of the law and the Supreme Court's interpretation of it in Ashcroft v. Free Speech, 535 US 234.
In essence, the Court's ruling hinged on prior cases defining obscenity (and protecting pornography), and outlawing child pornography.
In NY v. Ferber, the Supreme Court said that child porn could be outlawed because of the harm to the child.
In Miller, the Supreme Court defined the test to determine whether speech was obscene such that it was not entitled to first amendment protections.
In Ashcroft, the Supreme Court held that virtual child pornography didn't fall within the Ferber exception because there was no harm to a real child. Therefore any attempt to ban it required application of the Miller test (a very high standard).
--AC
Okay, I'm a tool. It helps if you click on all the links in the post, not just the pictures. I thought it was weird when I saw the cube picture twice . . . .
--AC
Okay, so I see the pretty pictures, but what do they mean. Can anyone explain how to interpret that data?
--AC
Democracy is the best of all lawless governments, and the worst of all lawful ones. --Plato.
--AC
Either that or the FBI brings their own network technicians. I've met some of the computer forensics guys at the FBI, they're sharp, really sharp.
Under this scenario, they tell the CEO, "We're from the Government, we've got an NSL." CEO clears the NOC. FBI goes in and does what needs to be done.
--AC
Try any number of FPS computer games, including Star Wars Galaxies Online, which includes transparent, moveable windows.
--AC
Ah, yes, Article I, section 8, which provides That Congress shall have the power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
Here's the quick Con. Law lesson. Just because Congress has the power to do a thing, they aren't mandated to do a thing under the Constitution.
--AC
Frankly, if the U.S. Congress says it's illegal, doesn't that end the discussion? I mean, that's the point of the legislative branch, isn't it?
Note that "Fair Use" isn't among the rights guaranteed by the Constitution, so once the Hill speaks, it's the law. Don't like it? Vote.
--AC
Just to provide more info, it looks like Pearl Jam has moved their system to iTunes. Just FYI.
--AC
Pearl Jam has been doing something very similar for at least two years. My wife and I went to a concert here in Denver. Afterwards, we hit their web site and ordered the concert recording. We were immediately able to download an MP3. Later, we received a CD featuring the same concert with cleaned up audio.
It's a shame no one's giving PJ credit for this awesome idea.
--AC
You're never too old to play. I'm 28 and an attorney. I play with the 30 y/o network administrator of a local college, a 32 y/o geophysicist, and a 28 y/o non-traditional student.
If you're interested in finding a game near you, there are a number of great resources on the internet. I'd advise you to start with ENWorld.
You can find it at: http://www.enworld.org/
Good luck.
--AC
As I understand the science, the kinetic energy of the bullet causes a state change in the material. It gets hard. It dissipates the energy (most likely as heat) and returns to its liquid state quickly.
--AC
Conjures up memories of David Lynch's Dune:
"The slow blade penetrates the shield."
Odds are you can push a needle through the armor as long as you're not running the machine at full speed. The stuff only turns hard if you hit it with a lot of energy. By using a slower moving needle, you can avoid triggering the armor's rigidity.
Of course, the pointier the stabbing implement, the less effective the armor. The needle probably can go faster than a knife, in part because it's so sharp.
--AC
James T. Kirk.
--AC
Or could it be because we have a legal system that allows independant rational actors to determine the value of their rights and the price for which they'll part with them?
97% of cases in this country settle. Reasons for settlement vary. Cost of prosecuting or defending the case is one factor. However, you don't just balance the cost of litigating against the amount you want to win. Instead, you have to address the multitude of variables that constitute the jury.
Because the jury is the ultimate arbiter of fact in a case, you not only have to prove that the other party has, in some way violated your rights, you also have to prove the extent to which your rights were violated. Finally, you've got to get them to agree on a dollar amount.
The certainty of settlement looks a hell of a lot more attractive now, doesn't it? Settlement is a wonderfully rational option that hearkens back to traditional notions of contract. You can see why businesses so often see it as viable.
--AC
Actually, most settlement agreements have a disclaimer of liability (not guilt, this wasn't a criminal trial). If this had gone to the jury and an actual verdict been issued, then the court may have had the ability to set up a situation where further improper conduct on MSFT's part would have resulted in contemp citations.
Yet another reason why MSFT benefits from settling.
--AC
Actually, it's more likely that Minnesota's AG realized that they weren't going to be able to convince a jury of every element they needed to hit in order to obtain a favorable verdict.
The situation goes like this:
MN isn't sure they'll win, but MSFT isn't sure that it will be able to overcome local prejudice. What do you do? Give it to an unpredictable jury? Or make a decision everyone can live with?
--AC
D'oh!
In all fairness to Ford, they were simply applying a straightforward economic risk assesment when they released the Pinto.
Evaluate your risk of harm, evaluate the cost of dealing with the results of the harm, and compare with the cost of repairing the design. If it costs more to make the vehicle safer than it will cost to compensate those who are likely to be injured, then your conduct is arguably not negligent.
What screwed Ford over was that the plaintiff's lawyers brought in the evidence that they had done the cost-benefit analysis. The jury went ballistic.
--AC
In all fairness to Ford, they were simply applying a straightforward economic risk assesment when they released the Pinto.
Evaluate your risk of harm, evaluate the cost of dealing with the results of the harm, and compare with the cost of
Forgot to include my citation:
This is from In Re Joe DeLisi Fruit Co., 11 B.R. 694 (Bnkrtcy. Minn. 1981).
--AC
Here's the relevant language . . .
Upon filing of bankruptcy petition, all legal actions being taken or to be taken against debtor are halted, no new lawsuits can be commenced and ongoing proceedings of judicial or quasi-judicial nature are halted. Bankr.Code, 11 U.S.C.A. 362(a).
Hope that helps.
--AC
Also, don't forget the Leeches. That said, everyone says they hate lawyers, but we're always the busiest at the cocktail parties. Everyone says they love teachers, but they tend to end up in the corners. IAAL. --AC