Open a season on spammers, and sell tags through the local Div. Of Fish and Game. Raise money and eliminate the problem at the same time.
Just tell every bubba and billy joe that they are a rare and elusive game, and they taste just like chicken.... Problem solved.
Our rights are NOT only those spelled out in the bill of rights, but are everything else, not granted to the federal government.
Read the 9th and 10th amendment.
Article [IX.]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article [X.]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
So, yes... you have the right to a TRY to make a profit. That does not GAURANTEE you WILL make a profit, but you have the right to TRY, as it is not enumerated as being given to the Federal Gov., nor is the right to profit prohibited by the states, therefore, it is a right, retained by the people.
We do understand "no disrespect intended".
And, while I am sure it may seem bad, we DO have a history of dealing with exactly this type of problem, after giving reasonable tolerance and diplomatic channels a chance.
Remember these words? . . ....
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. . . . . .
It is still a enjoyable read, and a warning to those who think that a few miltant peoples cannot sucsessfully take on a well armed, professionally trained world superpower, which is exactly what England was at the time, and we, it's subjects.
History does have a way of repeating itself.
Unlicensed spectrum? Umm, IIRC, they have to live with ANY interference from you, and you from them. ( extreme paraphrase of FCC rules part 15 ).
So, you can transmit on the freq. all you damn well want, if your xmiter is fcc approved for that freq, and they are SOL. Just like if you get a wifi and your neighbors cordless phone hoses your wifi signal, or their wifi and yours are fscking each other.
While THEFT of network bandwidth MIGHT be enforcable, (maybe), the possession, operation and use of the transceiver is 100% within the law, because it is covered by part 15 of the FCC rules, who has 100% jurisdiction over the airwaves in the USA, under Federal Pre-emption.
Just like the FAA has 100% pre-emtion over the use of airspace. ( Fiefdom of Boulder Co. tried to make a freind of mine stop towing banners over the CU games, ( well before 9 11 01 ) and threatend to arrest him... even did... he had to take it through state courts, all the way to US court before FAA _could_ get involved, and then they told Boulder that they could NOT regulate the airspace above the city in any form or fashion. Boulder tried to claim that his "advertising" broke thier advertising and licensing laws, and he claimed that the FAA had jurisdiction over the airspace ( which they did ) and therefore their advertising laws only applied to that which they had jurisdiction over. ( the ground ). They tried to claim safety issues... Again, aircraft safety is under FAA... etc. etc. In the end, Boulder LOST. But it cost him a buttload of money to defend himself and his business. He recovered it in another lawsuit wherein he nailed them for giving him so much shit they had no business in. (Boulder was _aware_ that they ha no jurisdiction because the FAA TOLD THEM SO. but they pressed the issue in the lower courts, trying to force him to stop by bleeding him dry money wise. )
SOmething similar will maybe oneday happen with wifi. It is a conflict of the method of access which is unlicensed and the laws goverening the unauthorized use of someones networks.
Slashdot Mirror
There is still some money left.
Open a season on spammers, and sell tags through the local Div. Of Fish and Game. Raise money and eliminate the problem at the same time. Just tell every bubba and billy joe that they are a rare and elusive game, and they taste just like chicken.... Problem solved.
Our rights are NOT only those spelled out in the bill of rights, but are everything else, not granted to the federal government. Read the 9th and 10th amendment.
Article [IX.]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article [X.]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
So, yes... you have the right to a TRY to make a profit. That does not GAURANTEE you WILL make a profit, but you have the right to TRY, as it is not enumerated as being given to the Federal Gov., nor is the right to profit prohibited by the states, therefore, it is a right, retained by the people.
We do understand "no disrespect intended". And, while I am sure it may seem bad, we DO have a history of dealing with exactly this type of problem, after giving reasonable tolerance and diplomatic channels a chance. Remember these words? . . . ...
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. . . . . .
It is still a enjoyable read, and a warning to those who think that a few miltant peoples cannot sucsessfully take on a well armed, professionally trained world superpower, which is exactly what England was at the time, and we, it's subjects.
History does have a way of repeating itself.
Unlicensed spectrum? Umm, IIRC, they have to live with ANY interference from you, and you from them. ( extreme paraphrase of FCC rules part 15 ).
So, you can transmit on the freq. all you damn well want, if your xmiter is fcc approved for that freq, and they are SOL. Just like if you get a wifi and your neighbors cordless phone hoses your wifi signal, or their wifi and yours are fscking each other.
While THEFT of network bandwidth MIGHT be enforcable, (maybe), the possession, operation and use of the transceiver is 100% within the law, because it is covered by part 15 of the FCC rules, who has 100% jurisdiction over the airwaves in the USA, under Federal Pre-emption.
Just like the FAA has 100% pre-emtion over the use of airspace. ( Fiefdom of Boulder Co. tried to make a freind of mine stop towing banners over the CU games, ( well before 9 11 01 ) and threatend to arrest him... even did... he had to take it through state courts, all the way to US court before FAA _could_ get involved, and then they told Boulder that they could NOT regulate the airspace above the city in any form or fashion. Boulder tried to claim that his "advertising" broke thier advertising and licensing laws, and he claimed that the FAA had jurisdiction over the airspace ( which they did )
and therefore their advertising laws only applied to that which they had jurisdiction over. ( the ground ). They tried to claim safety issues... Again, aircraft safety is under FAA... etc. etc.
In the end, Boulder LOST. But it cost him a buttload of money to defend himself and his business. He recovered it in another lawsuit wherein he nailed them for giving him so much shit they had no business in. (Boulder was _aware_ that they ha no jurisdiction because the FAA TOLD THEM SO. but they pressed the issue in the lower courts, trying to force him to stop by bleeding him dry money wise. )
SOmething similar will maybe oneday happen with wifi. It is a conflict of the method of access which is unlicensed and the laws goverening the unauthorized use of someones networks.
Its going to get interesting...