It is reasonable to conclude she is dead. So says the jury, so says the state of California, and so say I. You speak of "circumstantial evidence" as though those words make it all disappear. I assume you know about rules of evidence from watching television.
>Are you saying that any author who gets imprisoned, suddenly has his work released into the public domain?
I said no such thing. I suggested that he could have civil rights denied, which is quite common for convicts. And it should be quite obvious that a lawsuit from prison over a GPL issue is too difficult to consider, and hardly on Hans' priorities.
In the case of the Reiser FS, the GPL is unenforceable. If the author is stripped of his civil rights, it might not even be valid.
>That's because the timeline doesn't fit. The wife was known to be missing many days before Reiser removed the seat.
Not sure what problem you think you solved, but knowing for sure that the seat left the car *after* the wife was missing, just makes me more glad he's been found guilty. I'm looking forward to a lengthy sentence, personally. He needed to locate that damn car seat, period. Not for my satisfaction. For the police.
>Surely, you mean that he gave concrete answers that he killed his wife?
No! I mean in the course of 11 days of testimony he gave concrete answers to questions from the prosection.
Those answers *replaced* the doubt the jury had as to what the answers might have been.
Essentially, Hans replaced questions with answers. Unanswered questions are good, if you want reasonable doubt. By answering questions, he destroyed his only chance.
>...which is probably why they won't send this schlub there.
We'll see after sentencing. I bet he gets life, eligible for parole after 25 years. I bet he goes to some Level III, at first, nothing less, and probably not a Level IV like PB, unless he tries to escape or assaults a guard. If I had to bet, I'd bet on COR. If he's "lucky" he can get into DVI and work on a farm, or in Pleasant Valley and assemble PC's for schools... Good luck with all that.
The morning after he disposed of his wife's dead body, after sleeping in the car, September 5.
>the Reiser at the time he was being prosecuted for murder
Same guy a few days later, on September 29.
It's really unfortunate that he just happens to have disposed of the seat and (despite having a pretty nice Northern California house), started sleeping in his (really cramped) car that was full of water, just in time for it to coincide with his wife's disappearance.
A lot of things are really unfortunate coincidences for Reiser, really. Maybe he honestly doesn't know what he did with the car seat. That's too bad. I'm sure the police would love to have been able to find it, not at the bottom of the bay with Nina's body tied to it, for instance. I have a feeling it's still going to turn up.
>He doesn't have any diminished copyright to the file system code.
Maybe a guy serving life in prison can sue for copyright infringement. It's hard enough in the best circumstances. Good luck with that.
Convicts routinely have their civil rights taken away, and often they are not automatically restored when released. Is copyright a civil right or an inalienable one?
I just do not see any scenario where Reiser can defend the GPL for his code.
It's simply a fact that the State of California does not believe Sturgeon killed anyone, partly because none of the people who he claimed to have killed, are dead.
So it may be a fact that he *claimed* to have killed people, but that is not relevant to the case. In any event, either side could have called him to testify. But the State had no grounds to introduce Sturgeon's admitted murders as evidence because it is *not* credible. Bringing up Sturgeon would have been error.
Yes, each state has a different system and there is also a federal system.
In California there are four classes that correspond to UK's A-D. And conditions vary a great deal between prisons. At one end of the spectrum we have hell holes like Pelican Bay or Folsom, where inmates are basically stored until they die, and the security is primarily designed to keep them from killing each other. At the other end, there are prisons with open dormitories, large campuses, gate passes, education programs on the level of a state university, even one where the labor details work out in the forest (logging, of course).
But Reiser with his insults to the judge, has pretty much assured himself of life without parole in Pelican Bay. He will be lucky to get his own ration of toilet paper (you have to ask for it every time, and they give you just a little bit, because they don't want you to have a pillow, or to make dice, or to feel privileged enough to have toilet paper.)
After a few years of not being violent and working at some crummy job, he might be in a position to go someplace nicer, or at least have a private cell with a tv and reading/writing material. No California inmate gets individual access to any kind of computer system, except for certain highly supervised library research purposes and some vocational training programs. But a person doing life without parole isn't eligible for vocational rehab -- they aren't leaving prison except in a box, period, and so the opportunities go to offenders with lower fines.
>I will say that there sure seems to be reasonable doubt.
There was some reasonable doubt, and jurors are saying that Hans' own testimony removed that doubt for them.
Having been denied -- by the defendant -- the option of acquitting on the basis of reasonable doubt, the jury unanimously convicted him. They were convinced that he killed his wife, that he meticulously planned the coverup, that he had no sympathy for her, and that he lied on the stand.
There was reasonable doubt in this case until Hans testified. He removed that doubt by giving concrete answers to questions. That was a mistake, and he was warned that it would be a mistake.
>Open source allows people to pick up where others left off and improve on existing code -- or is this just a >lie?
Open Source is in this case, a *license* granted by a copyright holder who has the right to do so. Does a convicted felon have these rights, in California?
>There's no such thing as software without a developer.
There's no such thing as the GPL without copyright. Reiser, as a convicted felon, can be stripped of his rights. If that happens, the filesystem does not go into the public domain. It's simply that the license becomes invalid (because Reiser has no right to grant it!).
>in other *more* *democratic* countries, he'd be very well entitled to a better environment in prison
Oh don't try to pretend that the experience for a person in prison for murder is pleasant in... where? Denmark? Sweden? Netherlands? Australia? What is this "more democratic country" that has such wonderful prisons for people who commit murder?
>What I mean is that there there's no reason that ReiserFS is suddenly more open now than it was yesterday.
As a convicted felon, Reiser may be stripped of the right to seek statutory damages for copyright infringement. Since he can have diminished rights (copyright), the GPL in the case of the Reiser FS my have no force of law.
>The fact that Sturgeon had motivation to see Reiser put away adds to that possibility, in my opinion.
If anyone feels strongly enough, they can have private detectives keep an eye on Sturgeon, and maybe try to find Nina. There might be some money in it. Finding Nina would mean a big black eye to California. Good luck with that. Maybe you can get Reiser to tell you, within say, a 50 mile radius, where the car seat was.
>But for the life of him he couldn't remember what he did with them.
He didn't remember for a casual question by his *cousin*, and it was an *old* truck, not a relatively new, relatively nice car. And you weren't a homicide detective asking questions with the intention of getting answers to put your cousin in jail.
So many people seem to think there's no difference.
>Now, to somebody who is interested in a very different field, a car can be remarkably uninteresting.
It needs to become intersting real quick, when the state is using it as evidence against you in a murder trial.
Piece of old junk he didn't care about??? If your passenger car is missing the front seat, it's something that *EVERYBODY* you meet *ever* is going to ask about. We're not talking about some piece of plastic trim off the dash board or a door handle. We're talking about THE FRONT SEAT, that just happens to have disappeared exactly when the police suspect you were disposing of your wife's dead body. If there is an honest explanation for that, Reiser didn't even TRY to offer it. He HAD no explanation, but, he needed one.
Maybe sometime in the next 25 to 99 years he can think of one.
>In most states, it is entirely up to the defendant as to whether or not there is a jury trial.
In Texas, any party to any question that can be decided by a hearing, is entitled to have that hearing decided by a jury. I don't know about California, but I'd love to see how it's worded, to allow one party to unilaterally decide for the other party, that there can be no jury.
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>Companies like EMC^2 even make products like email extender that'll pull your email into an archive and do auto deduping and the works.
EMC don't care to make the low bid just to have the White House as a client. It does not have the prestige it once had.
>we can't even be reasonably sure she's dead.
It is reasonable to conclude she is dead. So says the jury, so says the state of California, and so say I.
You speak of "circumstantial evidence" as though those words make it all disappear. I assume you know about
rules of evidence from watching television.
>You're an idiot.
And that is an ad-hominem.
>Are you saying that any author who gets imprisoned, suddenly has his work released into the public domain?
I said no such thing.
I suggested that he could have civil rights denied, which is quite common for convicts.
And it should be quite obvious that a lawsuit from prison over a GPL issue is too difficult to consider,
and hardly on Hans' priorities.
In the case of the Reiser FS, the GPL is unenforceable. If the author is stripped of his civil rights, it might not even be valid.
>That's because the timeline doesn't fit. The wife was known to be missing many days before Reiser removed the seat.
Not sure what problem you think you solved, but knowing for sure that the seat left the car *after* the wife was missing,
just makes me more glad he's been found guilty. I'm looking forward to a lengthy sentence, personally. He needed to locate
that damn car seat, period. Not for my satisfaction. For the police.
>Surely, you mean that he gave concrete answers that he killed his wife?
No! I mean in the course of 11 days of testimony he gave concrete answers to questions from the prosection.
Those answers *replaced* the doubt the jury had as to what the answers might have been.
Essentially, Hans replaced questions with answers. Unanswered questions are good, if you want reasonable doubt.
By answering questions, he destroyed his only chance.
>...which is probably why they won't send this schlub there.
We'll see after sentencing. I bet he gets life, eligible for parole after 25 years.
I bet he goes to some Level III, at first, nothing less, and probably not a Level IV
like PB, unless he tries to escape or assaults a guard. If I had to bet, I'd bet on
COR. If he's "lucky" he can get into DVI and work on a farm, or in Pleasant Valley
and assemble PC's for schools... Good luck with all that.
>That's how my dad presented it:
>"If you do something you enjoy, you won't have to work a single day in your life".
Harvey Mackay is your father?
>The Reiser at the time he threw out the seat
The morning after he disposed of his wife's dead body, after sleeping in the car, September 5.
>the Reiser at the time he was being prosecuted for murder
Same guy a few days later, on September 29.
It's really unfortunate that he just happens to have disposed of the seat and (despite having a pretty nice Northern California house), started sleeping in his (really cramped) car that was full of water, just in time for it to coincide with his wife's disappearance.
A lot of things are really unfortunate coincidences for Reiser, really. Maybe he honestly doesn't know what he did with the car seat. That's too bad. I'm sure the police would love to have been able to find it, not at the bottom of the bay with Nina's body tied to it, for instance. I have a feeling it's still going to turn up.
>He doesn't have any diminished copyright to the file system code.
Maybe a guy serving life in prison can sue for copyright infringement. It's hard enough
in the best circumstances. Good luck with that.
Convicts routinely have their civil rights taken away, and often they are not automatically restored when released. Is copyright a civil right or an inalienable one?
I just do not see any scenario where Reiser can defend the GPL for his code.
>What are you basing that on?
It's simply a fact that the State of California does not believe Sturgeon killed anyone, partly because none of the people who he claimed to have killed, are dead.
So it may be a fact that he *claimed* to have killed people, but that is not relevant to the case.
In any event, either side could have called him to testify. But the State had no grounds to introduce
Sturgeon's admitted murders as evidence because it is *not* credible. Bringing up Sturgeon would have been error.
>Does such a system exist in the US?
Yes, each state has a different system and there is also a federal system.
In California there are four classes that correspond to UK's A-D.
And conditions vary a great deal between prisons. At one end of the spectrum we have hell holes like
Pelican Bay or Folsom, where inmates are basically stored until they die, and the security is primarily designed to keep them from killing each other. At the other end, there are prisons with open dormitories, large campuses, gate passes, education programs on the level of a state university, even one where the labor details work out in the forest (logging, of course).
But Reiser with his insults to the judge, has pretty much assured himself of life without parole in Pelican Bay. He will be lucky to get his own ration of toilet paper (you have to ask for it every time, and they give you just a little bit, because they don't want you to have a pillow, or to make dice, or to feel privileged enough to have toilet paper.)
After a few years of not being violent and working at some crummy job, he might be in a position to go someplace nicer, or at least have a private cell with a tv and reading/writing material. No California inmate gets individual access to any kind of computer system, except for certain highly supervised library research purposes and some vocational training programs. But a person doing life without parole isn't eligible for vocational rehab -- they aren't leaving prison except in a box, period, and so the opportunities go to offenders with lower fines.
>I will say that there sure seems to be reasonable doubt.
There was some reasonable doubt, and jurors are saying that Hans' own testimony removed that doubt for them.
Having been denied -- by the defendant -- the option of acquitting on the basis of reasonable doubt, the jury
unanimously convicted him. They were convinced that he killed his wife, that he meticulously planned the coverup, that he had no sympathy for her, and that he lied on the stand.
There was reasonable doubt in this case until Hans testified. He removed that doubt by giving concrete answers to questions. That was a mistake, and he was warned that it would be a mistake.
>He was the least likely person to have committed such a henious act.
People said that about Ed Gein, too.
>Open source allows people to pick up where others left off and improve on existing code -- or is this just a
>lie?
Open Source is in this case, a *license* granted by a copyright holder who has the right to do so.
Does a convicted felon have these rights, in California?
>Linux is worked on by MILLIONS OF PEOPLE worldwide.
I wonder what the statistical prediction of the number of wife-murderers in such a population would be?
Are we lower than overall averages still?
>There's no such thing as software without a developer.
There's no such thing as the GPL without copyright. Reiser, as a convicted felon, can be stripped of his rights. If that happens, the filesystem does not go into the public domain. It's simply that the license becomes invalid (because Reiser has no right to grant it!).
>in other *more* *democratic* countries, he'd be very well entitled to a better environment in prison
... where? Denmark? Sweden? Netherlands? Australia? What is this "more democratic country" that has such wonderful prisons for people who commit murder?
Oh don't try to pretend that the experience for a person in prison for murder is pleasant in
Not every California prison is Pelican Bay. But the way Reiser acted in court, that's probably where he's headed.
Pretty much every prison is a relatively pleasant place when you compare it to PB.
>Yet, strangely enough, that evidence wasn't allowed to be presented at the trial, as it might "prejudice the
>jury".
Letting Sturgeon lie to the jury would be grounds for a mistrial.
>What I mean is that there there's no reason that ReiserFS is suddenly more open now than it was yesterday.
As a convicted felon, Reiser may be stripped of the right to seek statutory damages for copyright infringement.
Since he can have diminished rights (copyright), the GPL in the case of the Reiser FS my have no force of law.
>The fact that Sturgeon had motivation to see Reiser put away adds to that possibility, in my opinion.
If anyone feels strongly enough, they can have private detectives keep an eye on Sturgeon, and maybe try to find Nina.
There might be some money in it. Finding Nina would mean a big black eye to California. Good luck with that.
Maybe you can get Reiser to tell you, within say, a 50 mile radius, where the car seat was.
>But for the life of him he couldn't remember what he did with them.
He didn't remember for a casual question by his *cousin*, and it was an *old* truck, not a relatively new, relatively nice car.
And you weren't a homicide detective asking questions with the intention of getting answers to put your cousin in jail.
So many people seem to think there's no difference.
>I'd just boot knoppix and mount the partition.
I would not be surprised if that turns out to be the "device" referred to.
>Now, to somebody who is interested in a very different field, a car can be remarkably uninteresting.
It needs to become intersting real quick, when the state is using it as evidence against you in a murder trial.
Piece of old junk he didn't care about??? If your passenger car is missing the front seat, it's something that *EVERYBODY* you meet *ever* is going to ask about. We're not talking about some piece of plastic trim off the dash board or a door handle.
We're talking about THE FRONT SEAT, that just happens to have disappeared exactly when the police suspect you were disposing of your wife's dead body. If there is an honest explanation for that, Reiser didn't even TRY to offer it. He HAD no explanation, but, he needed one.
Maybe sometime in the next 25 to 99 years he can think of one.
>In most states, it is entirely up to the defendant as to whether or not there is a jury trial.
In Texas, any party to any question that can be decided by a hearing, is entitled to have that hearing decided by a jury.
I don't know about California, but I'd love to see how it's worded, to allow one party to unilaterally decide for the other party, that there can be no jury.