Yeah, Gruman writes an article for Infoworld lashing out at IT, then submits it to Slashdot in order to rile up the IT folks who read here. Like some sort of troll, or just hoping to get more page views for his article. I suppose we will be seeing more of these next week with his supposed "insight". Though I hope people don't bother to read the article, it's what he wants and they are probably gonna be disappointed.
A rebuttal to your money can't buy happiness notion. While it is true that other things are important in life, having a baseline amount of money to afford the necessities such as food, rent, and utilities will damn sure make you much more likely to be happy. For a disturbing amount of people in the US (about 46 million), they face a choice between paying the rent or paying the utilities.
So go on and tell them money doesn't buy happiness when they are being evicted, or sitting in the dark because the power was shut off for non-payment. I am sure they may have a few choice words of wisdom to reply back.
There was no contract between youtube and megaupload, so there is no tortious interference.
There is not a requirement for a contract in order for there to be tortious interference of a business relationship merely a business relationship. I believe that if they can establish that without any action from UMG, YouTube would have hosted their commercial without removing it, then that could be considered a form of a business relationship, though a weak one. Some further research
Anything that UMG did technically is permitted under youtube's TOS, so as far as megaupload is concerned, UMG acted as youtube's agent.
Given YouTube's public statement that UMG had no right to take down the video, they would most likely not be considered an agent of YouTube. Again IANAL.
IANAL but I think UMG's actions would fall under Tortious interference of business. They gamed You Tube's system to have a 4 minute commercial for a semi rival company removed while knowing they had no claim to have it removed. That seems to fit the definition to me, though again IANAL. As for damages, I would think that Megaupload had a Return on investment planned for this commercial and maybe awarding triple that amount would serve to set an example.
Of course they could always use the MAFIAA's math and calculate it as $150,000 * (average video views per day after restoration * days video was taken down). As of 11:05 Dec 17 CST it has had 2,128,913 views for around 2 days of up time.
so about 1 million per day. Date of take down was Dec 9th so 6 days down. 1064456.5 view times 6 days down times $150000 MAFIAA statutory damages gives us $958,010,850,000 or almost a trillion dollars. To bad it would never work that way, but if we could apply the same laws to the MAFIAA that they use against everyone else it would be a very, very interesting day.
I'm curious, how do they get this shit done?
I mean, obviously Hollywood/IP industries have a lot of money, but we do actually have very transparent means of seeing who gets campaign contributions from where.
How are they pulling the strings or giving the money?
Yeah, video is back on you tube:
link here.
Song wasn't that great, but I watched the whole thing anyway. It seemed like a 4minute 13 second commercial with the same endless looping of their ditty, interspersed with spoken comments from the music stars.
Honestly I don't see how this could be considered copyright infringement or a contract violation, unless they are claiming they wrote the song or start suing will.i.am and p.diddy for their other commercial endorsements. I wonder if maybe megaupload could sue UMG for restraint of trade since they did remove this commercial using false claims and abused their agreement with a third party to remove it? IANAL but I figured pump up the views on it in case they can and do decide to go that route.
Why does this need to involve government? Let the industries and individuals interested help fund and found the organization.
Lmao, oh you must be kidding! Private enterprise be interested in secure coding? No my friend, they be all about the latest product they can pimp out, they will never, ever, ever be interested in secure code. To paraphrase notion put forth: cheap, fast, secure...pick two. To get fast and secure you have to hire someone who knows his way around a project, who's been around the block a few time and who has seen more than one block of unsecure code. And they do not come cheap, so that is out. For fast and secure you need some kids fresh out of school who will eventually write some secure code, think million monkey paradigm. This will of course take time so that is not good, gotta get those bullet points out to the clients you know? Press release drive sales and sales it what it is all about. For cheap and fast, well same scenario. Hire a bunch of green gills and code the latest and greatest, screw security. Gotta make quota is what I am saying.
So no, private enterprise is never, ever, EVER, going to be interested in anything beyond the next quarters bottom line. And that includes investing in secure code.
Apparently, according to the link provided by smoothwombat in response to the GP, the senate originally set it as 6 1/2 times the minimum wage at the time the bill was authored, which was 4.25. So 4.25 * 6.5 = 27.625 rounded up to 27.63. What I find much more interesting is the vast disparity between the hourly rate and the salary rate. $455 per week in comparison to the $27.63 / 40 = 11.375 if you ONLY work 40 hours a week, if you work more the hourly rate equivalent drops even worse. Why is there such a huge discrepancy between those two figures?
Like their opinion that Dred Scott wasn't a person? Dred Scott decision Or that internment camps are A-Otay?Korematsu v. United States The Supreme Court has been wrong before, and holding them up as the be all end all judge of constitutional law with no weight given by the common man is very dangerous. The Korematsu case is even more galling in that the 14th amendment was already in place which specifically prohibited the actions taken by the US and the court said "Eh, fuck it, do it anyway."
What, is there some 30-point buck with a sniper rifle and bulletproof vest sitting out in the woods during hunting season, screaming "I'm ready fo' yo ass"?
Off topic a bit, but I would seriously approve of this during hunting season. It would make the hunting that much more interesting the next time I go out.
And I've seen video of the "professional" police force start beating on a crowd of unarmed protesters because they were standing there. And unlike you, I have a link to back it up source. Be sure to notice the particularly dangerous small woman in the center who smiled at the police officer right before she was struck in the stomach with a baton.
They only off-shored because it was cheaper, and it was cheaper because American workers were not competitive enough.
Actually, according to a study cited in the gp's report, the top ranked driver for manufacturing location according to the 400 CEO's surveyed was employee talent driven innovation. Source
This driver comprised the quality and availability of the companies skilled workers which, according to the survey, are recognized as the ones able to "continuously
innovate and, simultaneously, improve production
efficiency." This driver was ranked at 9.22 on a 10 point scale, whereas the cost of labor and materials was ranked second at 7.67.
Of course this still doesn't help because the US is lagging in a skilled workforce as well. The report goes on to address that the US is still lagging in STEM core components and without addressing them and other core areas of lagging advanced manufacturing , the US could very well fall deeper into a position where we are "shut out from competing altogether in certain industries as knowledge and inventions are increasingly produced abroad in addition to the products that result from them."
In Canada, it's illegal to practice engineering, or call yourself one, without a engineers license. There's nothing worse than retards who get a college degree in programming and start calling themselves "engineers". It's an insult to every actual certified engineer in the world.
Actually, the distinction is not as cut and dry as you would like to think. Most countries, including Canada, have restrictions in regards to who can use the title Professional Engineer. The Professional Engineer designation usually connotes a degree of legal responsibility when they execute their duties.
However the use of the word "Engineer" in a position name or title is not as well defined legally. For instance in the US there is the notion of Industrial exemptions, where certain engineering positions do not require licensure because the product is sold across the country, or existing legal avenues for compensation of a faulty product are considered antiquate. Furthermore, in your country of Canada, the decisions regarding the use of the word Engineer in a title are varied across provincial lines, for instance some cases from Alberta, two of which it was ruled that the persons use of the word engineer was not liable to confuse the public or cause the public harm. Only in Quebec and Ontario is the word "Engineer" regulated, not just "Professional Engineer" via the Engineers act.
Deal with it. University graduates are better. Have you ever dealt with the mouth-breathers at community colleges? They have courses in welding and pipefitting, for God's sake. I don't think the Ivies have those sorts of courses.
No, instead they have courses like Expressive dance and Puppetry in performance. No thanks, I'll stick with the pipe fitters, at least they can do something. Also, if this is the best your lauded Ivy league schools can do in web design, you may want to hire a community college grade for your web site. At least they know a bit about web site design. That page looks like it was ripped off from geo cities, badly
When you have armies of people who don't want to pay taxes this is what you get. Networking training is not cheap, understanding it is not cheap. Finding people with enough knowledge combined to work across these systems is difficult and comes with a price.
Oh blow it out your ass. The US spends over 698 Billion on it's military, more than 5 time as much as it's closest competitor: China Source. If they cannot find the training budget for network security then maybe they can hold a fucking bake sale like most school districts have to in order to afford supplies.
No problem dude, besides which the DA can also get the call and data transfer records from the provider, which he can match to the 100% lawfully obtained cell phone's inbound and outbound records (warrant), building a much better case than an officer's account of his search of the cell phone while at the scene when there is all sorts of emotional drama.They do things right and the evidence will speak for itself.
Yes! because it is not the officers job to build a case at the time of arrest. That can be done by the district attorney using the existing methods at their disposal, namely warrants and subpoenas. The officer can make note of and seize items immediately noticeable, such as an open bottle in the passenger seat or the fact that a driver had a cell phone. But items that require more detailed investigation, like the contents of a cell phone, should be accompanied by a warrant authorizing the search, which any judge would sign off on if it is relevant to the case. If cops want to go fishing, they can grab a pole and head to the wharf like everyone else. Not do it on someone else's personal papers.
Yes, I suppose you are right, the article also links to the fact that Brown took a sizable amount of donations from various police organizations for his reelection campaign. I guess that may explain why he went Don Quixote on this one. Still sucks that politicians would be so aligned against the wishes of their constituents but what can be expected in this day and age. Thanks for the info. Hopefully the legislature does not lose it's resolve when it comes back to them.
Slashdot Mirror
I am calling prior art on this one. Microsoft already did it with Windows ME's code base.
Yeah, Gruman writes an article for Infoworld lashing out at IT, then submits it to Slashdot in order to rile up the IT folks who read here. Like some sort of troll, or just hoping to get more page views for his article. I suppose we will be seeing more of these next week with his supposed "insight". Though I hope people don't bother to read the article, it's what he wants and they are probably gonna be disappointed.
A rebuttal to your money can't buy happiness notion. While it is true that other things are important in life, having a baseline amount of money to afford the necessities such as food, rent, and utilities will damn sure make you much more likely to be happy. For a disturbing amount of people in the US (about 46 million), they face a choice between paying the rent or paying the utilities.
So go on and tell them money doesn't buy happiness when they are being evicted, or sitting in the dark because the power was shut off for non-payment. I am sure they may have a few choice words of wisdom to reply back.
You noticed that to? It's nice of him to pass along some of the stuff he is working on as a lesson for the class.
"Have you ever had sex with an animal?"
Yes, but neither one of us enjoyed it so does it still count?
There was no contract between youtube and megaupload, so there is no tortious interference.
There is not a requirement for a contract in order for there to be tortious interference of a business relationship merely a business relationship. I believe that if they can establish that without any action from UMG, YouTube would have hosted their commercial without removing it, then that could be considered a form of a business relationship, though a weak one. Some further research
Anything that UMG did technically is permitted under youtube's TOS, so as far as megaupload is concerned, UMG acted as youtube's agent.
Given YouTube's public statement that UMG had no right to take down the video, they would most likely not be considered an agent of YouTube. Again IANAL.
IANAL but I think UMG's actions would fall under Tortious interference of business. They gamed You Tube's system to have a 4 minute commercial for a semi rival company removed while knowing they had no claim to have it removed. That seems to fit the definition to me, though again IANAL. As for damages, I would think that Megaupload had a Return on investment planned for this commercial and maybe awarding triple that amount would serve to set an example.
Of course they could always use the MAFIAA's math and calculate it as $150,000 * (average video views per day after restoration * days video was taken down). As of 11:05 Dec 17 CST it has had 2,128,913 views for around 2 days of up time. so about 1 million per day. Date of take down was Dec 9th so 6 days down. 1064456.5 view times 6 days down times $150000 MAFIAA statutory damages gives us $958,010,850,000 or almost a trillion dollars. To bad it would never work that way, but if we could apply the same laws to the MAFIAA that they use against everyone else it would be a very, very interesting day.
I'm curious, how do they get this shit done? I mean, obviously Hollywood/IP industries have a lot of money, but we do actually have very transparent means of seeing who gets campaign contributions from where. How are they pulling the strings or giving the money?
Kinda like this.
Yeah, video is back on you tube :
link here.
Song wasn't that great, but I watched the whole thing anyway. It seemed like a 4minute 13 second commercial with the same endless looping of their ditty, interspersed with spoken comments from the music stars.
Honestly I don't see how this could be considered copyright infringement or a contract violation, unless they are claiming they wrote the song or start suing will.i.am and p.diddy for their other commercial endorsements. I wonder if maybe megaupload could sue UMG for restraint of trade since they did remove this commercial using false claims and abused their agreement with a third party to remove it? IANAL but I figured pump up the views on it in case they can and do decide to go that route.
Why does this need to involve government? Let the industries and individuals interested help fund and found the organization.
Lmao, oh you must be kidding! Private enterprise be interested in secure coding? No my friend, they be all about the latest product they can pimp out, they will never, ever, ever be interested in secure code. To paraphrase notion put forth: cheap, fast, secure...pick two. To get fast and secure you have to hire someone who knows his way around a project, who's been around the block a few time and who has seen more than one block of unsecure code. And they do not come cheap, so that is out. For fast and secure you need some kids fresh out of school who will eventually write some secure code, think million monkey paradigm. This will of course take time so that is not good, gotta get those bullet points out to the clients you know? Press release drive sales and sales it what it is all about. For cheap and fast, well same scenario. Hire a bunch of green gills and code the latest and greatest, screw security. Gotta make quota is what I am saying.
So no, private enterprise is never, ever, EVER, going to be interested in anything beyond the next quarters bottom line. And that includes investing in secure code.
Apparently, according to the link provided by smoothwombat in response to the GP, the senate originally set it as 6 1/2 times the minimum wage at the time the bill was authored, which was 4.25. So 4.25 * 6.5 = 27.625 rounded up to 27.63. What I find much more interesting is the vast disparity between the hourly rate and the salary rate. $455 per week in comparison to the $27.63 / 40 = 11.375 if you ONLY work 40 hours a week, if you work more the hourly rate equivalent drops even worse. Why is there such a huge discrepancy between those two figures?
Only the supreme court justices opinions matter.
Like their opinion that Dred Scott wasn't a person? Dred Scott decision
Or that internment camps are A-Otay?Korematsu v. United States
The Supreme Court has been wrong before, and holding them up as the be all end all judge of constitutional law with no weight given by the common man is very dangerous. The Korematsu case is even more galling in that the 14th amendment was already in place which specifically prohibited the actions taken by the US and the court said "Eh, fuck it, do it anyway."
http://www.sex-lexis.com/Sex-Dictionary/masturbation-male
My favorite: Warming up the alter boys dinner.
The book of the road!
What, is there some 30-point buck with a sniper rifle and bulletproof vest sitting out in the woods during hunting season, screaming "I'm ready fo' yo ass"?
Off topic a bit, but I would seriously approve of this during hunting season. It would make the hunting that much more interesting the next time I go out.
And I've seen video of the "professional" police force start beating on a crowd of unarmed protesters because they were standing there. And unlike you, I have a link to back it up source. Be sure to notice the particularly dangerous small woman in the center who smiled at the police officer right before she was struck in the stomach with a baton.
They only off-shored because it was cheaper, and it was cheaper because American workers were not competitive enough.
Actually, according to a study cited in the gp's report, the top ranked driver for manufacturing location according to the 400 CEO's surveyed was employee talent driven innovation. Source This driver comprised the quality and availability of the companies skilled workers which, according to the survey, are recognized as the ones able to "continuously innovate and, simultaneously, improve production efficiency." This driver was ranked at 9.22 on a 10 point scale, whereas the cost of labor and materials was ranked second at 7.67.
Of course this still doesn't help because the US is lagging in a skilled workforce as well. The report goes on to address that the US is still lagging in STEM core components and without addressing them and other core areas of lagging advanced manufacturing , the US could very well fall deeper into a position where we are "shut out from competing altogether in certain industries as knowledge and inventions are increasingly produced abroad in addition to the products that result from them."
In Canada, it's illegal to practice engineering, or call yourself one, without a engineers license. There's nothing worse than retards who get a college degree in programming and start calling themselves "engineers". It's an insult to every actual certified engineer in the world.
Actually, the distinction is not as cut and dry as you would like to think. Most countries, including Canada, have restrictions in regards to who can use the title Professional Engineer. The Professional Engineer designation usually connotes a degree of legal responsibility when they execute their duties.
However the use of the word "Engineer" in a position name or title is not as well defined legally. For instance in the US there is the notion of Industrial exemptions, where certain engineering positions do not require licensure because the product is sold across the country, or existing legal avenues for compensation of a faulty product are considered antiquate. Furthermore, in your country of Canada, the decisions regarding the use of the word Engineer in a title are varied across provincial lines, for instance some cases from Alberta, two of which it was ruled that the persons use of the word engineer was not liable to confuse the public or cause the public harm. Only in Quebec and Ontario is the word "Engineer" regulated, not just "Professional Engineer" via the Engineers act.
Obligatory IANAL,IANYL, IANAE, IANASE, ILB
Deal with it. University graduates are better. Have you ever dealt with the mouth-breathers at community colleges? They have courses in welding and pipefitting, for God's sake. I don't think the Ivies have those sorts of courses.
No, instead they have courses like Expressive dance and Puppetry in performance. No thanks, I'll stick with the pipe fitters, at least they can do something. Also, if this is the best your lauded Ivy league schools can do in web design, you may want to hire a community college grade for your web site. At least they know a bit about web site design. That page looks like it was ripped off from geo cities, badly
When you have armies of people who don't want to pay taxes this is what you get. Networking training is not cheap, understanding it is not cheap. Finding people with enough knowledge combined to work across these systems is difficult and comes with a price.
Oh blow it out your ass. The US spends over 698 Billion on it's military, more than 5 time as much as it's closest competitor: China Source. If they cannot find the training budget for network security then maybe they can hold a fucking bake sale like most school districts have to in order to afford supplies.
No problem dude, besides which the DA can also get the call and data transfer records from the provider, which he can match to the 100% lawfully obtained cell phone's inbound and outbound records (warrant), building a much better case than an officer's account of his search of the cell phone while at the scene when there is all sorts of emotional drama.They do things right and the evidence will speak for itself.
Yes! because it is not the officers job to build a case at the time of arrest. That can be done by the district attorney using the existing methods at their disposal, namely warrants and subpoenas. The officer can make note of and seize items immediately noticeable, such as an open bottle in the passenger seat or the fact that a driver had a cell phone. But items that require more detailed investigation, like the contents of a cell phone, should be accompanied by a warrant authorizing the search, which any judge would sign off on if it is relevant to the case. If cops want to go fishing, they can grab a pole and head to the wharf like everyone else. Not do it on someone else's personal papers.
Yes, I suppose you are right, the article also links to the fact that Brown took a sizable amount of donations from various police organizations for his reelection campaign. I guess that may explain why he went Don Quixote on this one. Still sucks that politicians would be so aligned against the wishes of their constituents but what can be expected in this day and age. Thanks for the info. Hopefully the legislature does not lose it's resolve when it comes back to them.
According to TFA, the bill was approved with 70-0 in the assembly and 32-4 in the state senate. Can't they just override this asshat?
Oh, you're right. They don't object to people being allowed to say anything, just to them being heard. Not the the democrats are any better.