Suing for IIED is an interesting angle. On one hand, I think its tough to nail the "extreme and outrageous" element, given the case law on it. On the other, a judge might find it extreme and outrageous to sue an at-will employee for quitting, as I'd imagine its something courts do not want coming in front of them.
It would probably never get that far to be written into an opinion, though. I think the fired employee would win on summary judgment, and could possibly get Rule 11 sanctions if this case is as frivolous as I think it is (we of course do not know all of the client or employer facts, and also, I'm just a law student).
Much of the time, these aren't contracts per se, but are requirements for at-will employment to keep your references, cash out your excess vacation days, etc. If you leave w/o sufficient notice at many places, you forfeit the PTO. That IS perfectly legal, an employer can basically do what they want with their leave policy.
No, you'll just have to go buy all new hardware that's actually supported.
Sorry, my frustration is running high with the awful component out support for my Nvidia 6200 under Linux (MythDora). The output looks very blue and I can't figure out how to configure it properly, it looks fine on a monitor:)
It's not like overclockers in general know a whole lot about electronics, though. An overclocker is just someone patient enough to tweak their BIOS settings and test for stability, rinse, repeat until best combination is reached. Hell, we don't even have to set jumpers anymore, its all done in software!
Maybe capacitor grade is impacting the max overclock and this will create a little more headroom. Then again, maybe not, but the average overclocker probably doesn't know the answer to this.
I see where you're going with your example, but in such a proceeding you would probably join all possible defendants. In addition to the fast food joint, you'd name the person who made the coffee, served it, the equipment manufacturer, etc. It's pretty common, and if you won, they'd be joint and severally liable for the damages. You'd only be joining the fast food place as a defendant under the doctrine of respondeat superior, but you'd also name other defendants. At that point if the person wasn't an employee and the fast food place was off the hook, the person who served it would still be liable.
Of course, you're an idiot if you burn yourself with coffee. You know its hot and don't deserve a dime.
For me, eating healthy has definitely been more expensive. Yes, produce is pretty cheap, but good quality meats tend not to be. I only shop the perimeter of the supermarket now (and maybe the bread aisle for natural peanut butter and whole grain bread, which can be tasty these days). While my big bag of tomatoes, onions, garlic, peppers, and various greens are generally cheap (yep, Italian-American here) the lean cuts of beef and pork aren't. Boneless, skinless chicken breast, which may be the most bland, boring thing ever, can usually be found on sale though. Head over to the dairy case and the yogurt that isn't loaded with shit is definitely more expensive than the stuff that is, milk is like $3 a gallon, etc. It's definitely more expensive than going over to the freezer and buying a bunch of frozen pizza and tv dinners.
I gotta tell ya, your posts make too much sense here sometimes. Shouldn't you be in slashdot fantasyland like most of the posters?
Seriously, though, what you're getting at (which many self-induced fatasses don't see) is moderation and I completely agree. Consumption of red meat may be linked with heart disease if the rest of the diet is ignored, but consumers of large quantities of red meat generally get it through McDonalds hamburgers, not steaks (I'm extrapolating this from purchasing statistics, McD's buys a LOT of the beef in this country). Fast food consumers are generally... unhealthy, due to their habit of eating a lot of highly processed fast food.
But hey, when I want a ribeye (and to me, there is no better part of the cow), I'm going for the baked potato or some fries. But the education that you speak of limits me to doing that maybe once a month, sometimes twice. The rest of the time I cook my meals at home to control what goes in. Why? Because when I graduated college two years ago I was a bit overweight, and I've been told that's bad for you. Having been very healthy when I started and overweight with high blood pressure when I finished, I figured controlling what goes into your body involves knowing exactly what's in your food. If you don't, and say, get the $4.50 chinese lunch special 3x a week because your apartment is 25 steps to the restaurant, you might end up fat at graduation:)
Anyway, for anyone who's reading this looking for some help getting started, buy the Abs Diet book. It's a very intuitive, sustainable diet. You don't starve yourself, it's just a guideline on how to eat a balanced diet. You still get red meat and some crap you shouldn't eat thrown in, it's a pretty realistic book.
It depends on whether you think the sentence results in rehabilitation of the convicted. Prison these days serves to incapacitate criminals, but does far less to rehabilitate them as it once did. Some judges, legal scholars, people in general argue that the criminal justice system should refocus on rehabilitation instead of only incapacitation and retribution.
From the practical perspective, we could probably justify putting away offenders of certain sex crimes (rapists, child molesters, etc) for a lot longer than we do. To me, tracking them via a registry when they get out of jail seems like a more than fair compromise.
Now, your bit about serial killers. I agree, but I don't think serial killers get out of jail too often unless they escape. One count of first degree murder gets a steep sentence in most jurisdictions. Do it twice and there's little chance you're getting out of jail. Step up to serial status, you'll probably never see the real world again. Now, involuntary homicide or even the lesser voluntary homicides (google "Ladder of Homicide" for some more info), I might be inclined to agree. We let second degree murder and manslaughter offenders out fairly frequently, and a lot of those should probably be on a registry for the same reason a sex offender is. I don't know what the statistics are on likelihood to commit the same crime for sex offenders vs lesser killers, though.
You have a woman dressed in leather, down on all fours, with a dog collar around her neck and some man is pushing a leather glove in her face. How is that not offensive?
Look, you should've seen what they wanted to put on the cover. And it wasn't a glove, I'll tell you that much.
Sounds good. I hope you don't think I was giving you a hard time, I wasn't!
Seemed like you were just restating what was in your claim. Hope you win this one, seems like someone is just taking advantage of open source software for their own gain.
I'm not a lawyer (yet), but I take you're party to this suit. Do you really think you ought to be discussing your claim on a public forum prior to the hearing?
Actually you only need two unequally talented employees to find one that is below average.
This isn't a statistics discussion, it's a business discussion. "Below average" not in the strict mathematical computation, but below the average feasible performance level for the company at that time. When you're locked in competition, the bar rises, as you can afford to pay less salaries so the ones you do pay better count.
I know it's hard to grasp on slashdot sometimes, but keep it in the perspective of the conversation. Just about everyone else posting in this thread seems to have gotten it.
Did you really think I didn't know how to interpret an average? Or for that matter, would an average be statistically meaningful with a sample size of two?
They probably didn't up and say "Hey engineers, nice job on the Conroe core. We don't need you any more, good luck in the future!"
Intel has a hand in a lot of IC markets, not just CPU's. There has to be some needless redundancy in managing these (ie, a manager for widget A line and a separate manager for widget B line -- are they both necessary?). While these are good strategies when you set out, these lines may integrate well with the core management structure. That means job cuts, but the talented folks are often kept. Let's face it, with 100k employees, there's going to be some below average performers.
Close, but not quite. When they had less competition, they probably just threw people at problems their current staff couldn't solve. Now that there's competition, they have to cut back. The simple reaction you talk about was probably needlessly throwing people at problems in the past.
That needs to be tested in court. Courts sometimes relax the meaning of "effective" to simply mean "in effect". A single bit indicating "do not copy" could be "effective" if argued properly. At least, that's the argument I would make if I were representing the Macrovision (or DVD-CCA) as a plaintiff. If I were representing an individual as a plaintiff (not sure if someone doing this could go after a declatory judgment) or as defendant, I'd probably try to argue just the opposite. Effective should mean what we all think it does. Of course I'm just a law student. I'm not taking a side here. Fair use is a good thing.
I'm wondering if the blame doesn't lie with the clerks. Let's face it, federal judges have enormous case loads. I'm not sure if the 2004 case reference was at the district level, but it's especially busy there.
So I'll ask, where were the clerks, if this account is correct? Federal clerkships are fairly prestigious, and many clerks are young enough to have direct exposure to this technology. Are they not doing the research? I'm fairly certain any due diligence by the judge would be carried out by the clerks on these matters.
Well, for one, the securexam software prevents anything but MS Word from running on top, and also strips it of most of its functionality (formatting is available but not anything even like spell-check). All work is saved encrypted (openssh is launched in the background) and I believe system events are logged. You'd need something pretty elaborate to bypass it, so you might as well just study for your exams instead, as your time is better spent doing that.
Second, there is an honor code and you're graded relative to one another. If someone's cheating, they'll very likely be reported because if they get an A, it means you don't, and when you're spending this kind of money and putting in this kind of time, you're not going to let someone cheat to get ahead of you. And the risk is high enough if you get caught that you'll likely never be able to graduate, let alone sit for the bar or practice.
Not mandatory at my school, but even if it were, the system requirements are LOW. We need Word/Wordperfect to take notes, and SecurExam (which just encrypts using openssh and locks out some of Word's functionality) to take finals. We're on the hook for our own software, but most of it came with our computers anyhow. That wouldn't be the same for an art school.
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Suing for IIED is an interesting angle. On one hand, I think its tough to nail the "extreme and outrageous" element, given the case law on it. On the other, a judge might find it extreme and outrageous to sue an at-will employee for quitting, as I'd imagine its something courts do not want coming in front of them.
It would probably never get that far to be written into an opinion, though. I think the fired employee would win on summary judgment, and could possibly get Rule 11 sanctions if this case is as frivolous as I think it is (we of course do not know all of the client or employer facts, and also, I'm just a law student).
Much of the time, these aren't contracts per se, but are requirements for at-will employment to keep your references, cash out your excess vacation days, etc. If you leave w/o sufficient notice at many places, you forfeit the PTO. That IS perfectly legal, an employer can basically do what they want with their leave policy.
No, you'll just have to go buy all new hardware that's actually supported.
:)
Sorry, my frustration is running high with the awful component out support for my Nvidia 6200 under Linux (MythDora). The output looks very blue and I can't figure out how to configure it properly, it looks fine on a monitor
Don't worry about blank. Let me handle blank.
It's not like overclockers in general know a whole lot about electronics, though. An overclocker is just someone patient enough to tweak their BIOS settings and test for stability, rinse, repeat until best combination is reached. Hell, we don't even have to set jumpers anymore, its all done in software!
Maybe capacitor grade is impacting the max overclock and this will create a little more headroom. Then again, maybe not, but the average overclocker probably doesn't know the answer to this.
I see where you're going with your example, but in such a proceeding you would probably join all possible defendants. In addition to the fast food joint, you'd name the person who made the coffee, served it, the equipment manufacturer, etc. It's pretty common, and if you won, they'd be joint and severally liable for the damages. You'd only be joining the fast food place as a defendant under the doctrine of respondeat superior, but you'd also name other defendants. At that point if the person wasn't an employee and the fast food place was off the hook, the person who served it would still be liable.
Of course, you're an idiot if you burn yourself with coffee. You know its hot and don't deserve a dime.
Any chance the RIAA's attorneys would be personally liable for sanctions under FRCP 11(c) for frivolous representations (FRCP 11(b)(2))?
For me, eating healthy has definitely been more expensive. Yes, produce is pretty cheap, but good quality meats tend not to be. I only shop the perimeter of the supermarket now (and maybe the bread aisle for natural peanut butter and whole grain bread, which can be tasty these days). While my big bag of tomatoes, onions, garlic, peppers, and various greens are generally cheap (yep, Italian-American here) the lean cuts of beef and pork aren't. Boneless, skinless chicken breast, which may be the most bland, boring thing ever, can usually be found on sale though. Head over to the dairy case and the yogurt that isn't loaded with shit is definitely more expensive than the stuff that is, milk is like $3 a gallon, etc. It's definitely more expensive than going over to the freezer and buying a bunch of frozen pizza and tv dinners.
I gotta tell ya, your posts make too much sense here sometimes. Shouldn't you be in slashdot fantasyland like most of the posters?
:)
Seriously, though, what you're getting at (which many self-induced fatasses don't see) is moderation and I completely agree. Consumption of red meat may be linked with heart disease if the rest of the diet is ignored, but consumers of large quantities of red meat generally get it through McDonalds hamburgers, not steaks (I'm extrapolating this from purchasing statistics, McD's buys a LOT of the beef in this country). Fast food consumers are generally... unhealthy, due to their habit of eating a lot of highly processed fast food.
But hey, when I want a ribeye (and to me, there is no better part of the cow), I'm going for the baked potato or some fries. But the education that you speak of limits me to doing that maybe once a month, sometimes twice. The rest of the time I cook my meals at home to control what goes in. Why? Because when I graduated college two years ago I was a bit overweight, and I've been told that's bad for you. Having been very healthy when I started and overweight with high blood pressure when I finished, I figured controlling what goes into your body involves knowing exactly what's in your food. If you don't, and say, get the $4.50 chinese lunch special 3x a week because your apartment is 25 steps to the restaurant, you might end up fat at graduation
Anyway, for anyone who's reading this looking for some help getting started, buy the Abs Diet book. It's a very intuitive, sustainable diet. You don't starve yourself, it's just a guideline on how to eat a balanced diet. You still get red meat and some crap you shouldn't eat thrown in, it's a pretty realistic book.
IANAL, but IAALS. :)
It depends on whether you think the sentence results in rehabilitation of the convicted. Prison these days serves to incapacitate criminals, but does far less to rehabilitate them as it once did. Some judges, legal scholars, people in general argue that the criminal justice system should refocus on rehabilitation instead of only incapacitation and retribution.
From the practical perspective, we could probably justify putting away offenders of certain sex crimes (rapists, child molesters, etc) for a lot longer than we do. To me, tracking them via a registry when they get out of jail seems like a more than fair compromise.
Now, your bit about serial killers. I agree, but I don't think serial killers get out of jail too often unless they escape. One count of first degree murder gets a steep sentence in most jurisdictions. Do it twice and there's little chance you're getting out of jail. Step up to serial status, you'll probably never see the real world again. Now, involuntary homicide or even the lesser voluntary homicides (google "Ladder of Homicide" for some more info), I might be inclined to agree. We let second degree murder and manslaughter offenders out fairly frequently, and a lot of those should probably be on a registry for the same reason a sex offender is. I don't know what the statistics are on likelihood to commit the same crime for sex offenders vs lesser killers, though.
They'll be here in DC. Moving here was the worst decision I ever made, in terms of commute, living space, etc.
Already, as the summer just ended, traffic now is much worse than it was this time last year. This area needs to stop growing.
Obligatory...
You have a woman dressed in leather, down on all fours, with a dog collar around her neck and some man is pushing a leather glove in her face. How is that not offensive?
Look, you should've seen what they wanted to put on the cover. And it wasn't a glove, I'll tell you that much.
No need to be hostile or defensive.
:)
This IS slashdot, wouldn't I be making a big mistake if I didn't assume that by default?
Sounds good. I hope you don't think I was giving you a hard time, I wasn't!
Seemed like you were just restating what was in your claim. Hope you win this one, seems like someone is just taking advantage of open source software for their own gain.
Actually, there are several violations:
I'm not a lawyer (yet), but I take you're party to this suit. Do you really think you ought to be discussing your claim on a public forum prior to the hearing?
Actually you only need two unequally talented employees to find one that is below average.
This isn't a statistics discussion, it's a business discussion. "Below average" not in the strict mathematical computation, but below the average feasible performance level for the company at that time. When you're locked in competition, the bar rises, as you can afford to pay less salaries so the ones you do pay better count.
I know it's hard to grasp on slashdot sometimes, but keep it in the perspective of the conversation. Just about everyone else posting in this thread seems to have gotten it.
Did you really think I didn't know how to interpret an average? Or for that matter, would an average be statistically meaningful with a sample size of two?
They probably didn't up and say "Hey engineers, nice job on the Conroe core. We don't need you any more, good luck in the future!"
Intel has a hand in a lot of IC markets, not just CPU's. There has to be some needless redundancy in managing these (ie, a manager for widget A line and a separate manager for widget B line -- are they both necessary?). While these are good strategies when you set out, these lines may integrate well with the core management structure. That means job cuts, but the talented folks are often kept. Let's face it, with 100k employees, there's going to be some below average performers.
A bad solution to a problem if you ask me.
Close, but not quite. When they had less competition, they probably just threw people at problems their current staff couldn't solve. Now that there's competition, they have to cut back. The simple reaction you talk about was probably needlessly throwing people at problems in the past.
That needs to be tested in court. Courts sometimes relax the meaning of "effective" to simply mean "in effect". A single bit indicating "do not copy" could be "effective" if argued properly. At least, that's the argument I would make if I were representing the Macrovision (or DVD-CCA) as a plaintiff. If I were representing an individual as a plaintiff (not sure if someone doing this could go after a declatory judgment) or as defendant, I'd probably try to argue just the opposite. Effective should mean what we all think it does. Of course I'm just a law student. I'm not taking a side here. Fair use is a good thing.
Great first post. You've either been to law school or at least know something about the way the system works in the US.
Mod parent up!
I'm wondering if the blame doesn't lie with the clerks. Let's face it, federal judges have enormous case loads. I'm not sure if the 2004 case reference was at the district level, but it's especially busy there.
So I'll ask, where were the clerks, if this account is correct? Federal clerkships are fairly prestigious, and many clerks are young enough to have direct exposure to this technology. Are they not doing the research? I'm fairly certain any due diligence by the judge would be carried out by the clerks on these matters.
Can it cure crippling bone-itis?
Appellate cases are rarely, if ever, argued before a jury. It's usually a panel of judges.
I would love to hear the GP's experiences at the district court/state trial level, though. Very interesting subject here.
Well, for one, the securexam software prevents anything but MS Word from running on top, and also strips it of most of its functionality (formatting is available but not anything even like spell-check). All work is saved encrypted (openssh is launched in the background) and I believe system events are logged. You'd need something pretty elaborate to bypass it, so you might as well just study for your exams instead, as your time is better spent doing that.
Second, there is an honor code and you're graded relative to one another. If someone's cheating, they'll very likely be reported because if they get an A, it means you don't, and when you're spending this kind of money and putting in this kind of time, you're not going to let someone cheat to get ahead of you. And the risk is high enough if you get caught that you'll likely never be able to graduate, let alone sit for the bar or practice.
Not mandatory at my school, but even if it were, the system requirements are LOW. We need Word/Wordperfect to take notes, and SecurExam (which just encrypts using openssh and locks out some of Word's functionality) to take finals. We're on the hook for our own software, but most of it came with our computers anyhow. That wouldn't be the same for an art school.