I just miss the old slashdot where half the people gave a shit and actually knew what they were talking about, instead of people talking out of their asses and buying into the hivemind philosophy present here.
I don't think this is the slashdot you think it is, maybe you're a little wiser now, or more caught up in the BS than you used to be, but I don't really see how/. ever could have been much different.
I don't see how your sig adds anything to the more serious side of slash. You do realize that you are feeding the trolls, that you claim have ruined slashdot, it doesn't make sense. We all have to participate in rational thought, for a rational forum, you are not exempt.
Seriously, your sig makes me want to sign up to MSDN or some other Microsoft based website and whine about all M$ products while bitching about the futility of arguing with zealots. Kripes man you are a real dumb ass you know it? This is news site that is highly oriented around FOSS, tell us why you think other stuff is better, but don't resort to calling people pathetic because you disagree with them. You really might as well go to McDonald's and scream at everyone for not eating Burger King, it's completely insane and speaks volumes about your ability to think rationally.
Yea, this is why I try not to get into too many fist fights.
I remember some quote from somewhere stating that a man needs three things in life.
a gifted doctor
a brilliant lawyer
and a forgiving priest
When dealing with these people I mostly aim to understand what the hell it is that they are talking about, so I can at best be an informed participant in the unfolding of my life. Thank you for the lengthy explanation I appreciate it. FWIW I really didn't know what the term "royalty" meant within a legal context, now of course it makes perfect sense.
Oh, and is it really necessary to tell people "I am not a lawyer"/"this is not legal advice" in public forum?
Ok, since you're the lawyer can you show me a link where it says that the burden of proof rests with the defendant?
It's not a matter of evidence. The burden is on the defendant, since it is copyright law. - Anonymous Coward
That is the comment I was trying to figure out. As a layperson can you explain to me what the hell he is talking about?
You clearly have no idea whatsoever what you're talking about, and no idea of how to find out.
I think the technical term is reading, I mean the law is all written down right? That is the idea behind self representation isn't it?
I'll give you this, however: that was the stupidest thing I've seen on/. all week.
As proud of this comment as I am, I sincerely pray to god, that I NEVER get stuck with a lawyer that dismisses my understanding of the law with such arrogance and contempt. IANAL - I know nothing about the law, except that I can usually learn about it on the Internet rather than going to the law library. Thanks for the clarification and thank god you're not my lawyer.
TITLE 17 > CHAPTER 8 > 803 (b) 6 C vi I & II states:
803. Proceedings of Copyright Royalty Judges
(vi)
(I)
Any participant under paragraph (2) in a proceeding under this chapter to determine royalty rates may, by means of written motion or on the record, request of an opposing participant or witness other relevant information and materials if, absent the discovery sought, the Copyright Royalty Judges' resolution of the proceeding would be substantially impaired. In determining whether discovery will be granted under this clause, the Copyright Royalty Judges may consider--
(aa)
whether the burden or expense of producing the requested information or materials outweighs the likely benefit, taking into account the needs and resources of the participants, the importance of the issues at stake, and the probative value of the requested information or materials in resolving such issues;
(bb)
whether the requested information or materials would be unreasonably cumulative or duplicative, or are obtainable from another source that is more convenient, less burdensome, or less expensive; and
(cc)
whether the participant seeking discovery has had ample opportunity by discovery in the proceeding or by other means to obtain the information sought.
(II) This clause shall not apply to any proceeding scheduled to commence after December 31, 2010.
TITLE 17 > CHAPTER 5 > 507
507. Limitations on actions
(a) Criminal Proceedings.-- Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.
(b) Civil Actions.-- No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.
I would argue that while falling within the time limit listed under "Limitations on actions", that procuring evidence for the full time span would be contradictory to both sections aa and bb listed under "Proceedings of Copyright Royalty Judges". For instance I might suggest the RIAA run an ad in the local paper. Of course it looks like this case has passed the "debate with the judge" point, so I think I would run an ad in the paper asking anyone that has used my computer in the past three years to please step forward.
This is a horrific application of legal theory, in fact it flies in the face of US court proceedings. It's called "burden of proof" and without it you are guilty until proven innocent, literally you are tasked with proving yourself innocent.
It's a sad day indeed when a privately owned entity can practice McCarthyism and nobody notices. Welcome to the United Corporations of America, an experimental perversion of capitalism, totalitarianism, and military dictatorship.
Some Women fear being left alone with what might be an abusive chauvinist.
Some Men fear being left alone with what might be an abusive, lying, conniving, devious wench.
Either way, you shouldn't discredit his fear of abuse anymore than you should discount those of a woman. I know from experience that contact with the wrong woman can easily become a life changing event. In fact I've been suffering with an inability to commit for several years, based on fear alone. I couldn't imagine going through that kind of abuse at work, and then having to deal with a happy home falling apart because of some psychotic woman I had to go on the road with.
The really unfortunate issue here is that work is actually a great place to determine if someone is safe before you hook up with them, many men and women feel this way, because you can actually get to know people at work seeing them day in and day out.
Not really, his job would be at risk if patents were completely eliminated, but this is really an argument about who is guiltiest for the broken patent system, where the glaring issue is specifically software patents.
Lutton believes that the key to fixing the country's patent problems lies with the courts, not the patent office. "Most patents issued are never litigated and never licensed," he said. "We need to focus on fixing the litigation system. That's most relevant." - FTFA
Thanks for the info. but I'm sure you can forgive me if I just want something off the shelf. I also, want the virtualization software to just run, and I need to virtualize whatever OS I want. Your system would be nice if Dell was selling them with the option of adding Xen, and incidentally running a *nix system from the start. Honestly, I don't understand why Dell doesn't offer this sort of thing it kinda seems like a waste M$ on a 64bit system, selling Linux without a 64bit option is kinda goofy too.
can it blend? - yes I'm sure it can, the iphone blended.
speaking of which how much does this processor cost, and why doesn't Sun Microsystems make laptops, I was looking for Unix machines recently and I decided to go with the Mac book pro, rather than the Linux machines (laptops) at Dell, because of the hardware and general lack of processing power, which doesn't seem to lend itself to virtualizing other Operating systems.
I'm absolutely certain anyone on death row that is innocent, would not agree with you. In fact I think your tune would change considerably if the "error" was snuffing you out. And judging by your faith in the system I don't think you have the slightest clue about what goes on in the real Legal system. (too much CSI maybe?)
Quick question: Have you EVER been to court without a lawyer for anything more than a traffic ticket?
Here's a tip: if you're ever in big trouble, mortgage your house and give half to your lawyer, you want him working really hard from the very first second . If you're poor move into your car, park it next to the courthouse and visit the law library every day.
Don't EVER assume you're innocent and nothing can go wrong.
It's kinda like driving a car without breaks, yea the complex system still works, but it is very considerably broken too.
Every time the state sentences/executes/ruins an innocent person, the system has failed and is broken, when the guilty go free, it is broken. If "completely fabricated" lawsuits get through at all something is broken. This isn't the legal system you learned about in school, it fails, and when it fails it completely irrevocably ruins peoples lives. If you understand this and still argue that the legal system is not broken, you just might have a really big surprise coming your way.
Corruption doesn't necessarily equate to a miserable quality of life. Everyone here has likely worked somewhere where a particular rule got in the way of completing a job the way it needed to be. Your boss looks the other way and you do the job, sometimes it's better that way. Funny though, this line of thinking leads to people abusing the system of corruption.
Except, one or two lawyers could easily use their expertise to screw the rest over, by ruining the (money printing) system, these lawyer stand to earn a great deal.
doesn't believe there is an issue, why attend the "Patent Crisis Panel"?
Re:Geeks do- everyone else doesn't.
on
The DRM Scorecard
·
· Score: 2
Organized crime if they are worth the title will have a professional duplication process and will charge at least Wal-mart's latest prices, or better yet be involved in a video rental place or something where they can sell/rent videos ad infinitum.
I really don't understand the idea that a guy having sex with a woman is some how taking something from her, yea, I don't understand it from a man's perspective or a woman's perspective. I have rarely seen any evidence that supports this theory and it's always like one guy that just treats women like shit in general, not that there aren't women that treat men like shit too.
ever read cosmo?
I don't think this is the slashdot you think it is, maybe you're a little wiser now, or more caught up in the BS than you used to be, but I don't really see how /. ever could have been much different.
I don't see how your sig adds anything to the more serious side of slash. You do realize that you are feeding the trolls, that you claim have ruined slashdot, it doesn't make sense. We all have to participate in rational thought, for a rational forum, you are not exempt.
Seriously, your sig makes me want to sign up to MSDN or some other Microsoft based website and whine about all M$ products while bitching about the futility of arguing with zealots. Kripes man you are a real dumb ass you know it? This is news site that is highly oriented around FOSS, tell us why you think other stuff is better, but don't resort to calling people pathetic because you disagree with them. You really might as well go to McDonald's and scream at everyone for not eating Burger King, it's completely insane and speaks volumes about your ability to think rationally.
honestly, you're describing a first attempt here right? I mean this is really poor use of the system.
Yea, this is why I try not to get into too many fist fights.
I remember some quote from somewhere stating that a man needs three things in life.
When dealing with these people I mostly aim to understand what the hell it is that they are talking about, so I can at best be an informed participant in the unfolding of my life. Thank you for the lengthy explanation I appreciate it. FWIW I really didn't know what the term "royalty" meant within a legal context, now of course it makes perfect sense.
Oh, and is it really necessary to tell people "I am not a lawyer"/"this is not legal advice" in public forum?
Hah, how long have you been counting? It inflammatory rhetoric, not quite uninformed though.
Ok, since you're the lawyer can you show me a link where it says that the burden of proof rests with the defendant?
It's not a matter of evidence. The burden is on the defendant, since it is copyright law. - Anonymous CowardThat is the comment I was trying to figure out. As a layperson can you explain to me what the hell he is talking about?
You clearly have no idea whatsoever what you're talking about, and no idea of how to find out.I think the technical term is reading, I mean the law is all written down right? That is the idea behind self representation isn't it?
I'll give you this, however: that was the stupidest thing I've seen onAs proud of this comment as I am, I sincerely pray to god, that I NEVER get stuck with a lawyer that dismisses my understanding of the law with such arrogance and contempt. IANAL - I know nothing about the law, except that I can usually learn about it on the Internet rather than going to the law library. Thanks for the clarification and thank god you're not my lawyer.
You're right, come to think of it the US has actually stopped enforcing it's borders, so by default the rest of the world is in the US' domain.
Yep, you'd then be a capitalist, possibly fiscally conservative, probably flat out appalled with what is labeled as capitalism in the U.S. today.
If by feasible you mean "if that company kept a log going back three years."
It's in the domain of monitored free speech, as is everything on the Internet, thank you department of homeland security.
Hold on, it looks like there's a swat team in my back yarrrr......
803. Proceedings of Copyright Royalty Judges
(vi)(I)
Any participant under paragraph (2) in a proceeding under this chapter to determine royalty rates may, by means of written motion or on the record, request of an opposing participant or witness other relevant information and materials if, absent the discovery sought, the Copyright Royalty Judges' resolution of the proceeding would be substantially impaired. In determining whether discovery will be granted under this clause, the Copyright Royalty Judges may consider--
(aa)
(bb)
(cc)
(II)
This clause shall not apply to any proceeding scheduled to commence after December 31, 2010.
TITLE 17 > CHAPTER 5 > 507
507. Limitations on actions
(a) Criminal Proceedings.-- Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.
(b) Civil Actions.-- No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.
I would argue that while falling within the time limit listed under "Limitations on actions", that procuring evidence for the full time span would be contradictory to both sections aa and bb listed under "Proceedings of Copyright Royalty Judges". For instance I might suggest the RIAA run an ad in the local paper. Of course it looks like this case has passed the "debate with the judge" point, so I think I would run an ad in the paper asking anyone that has used my computer in the past three years to please step forward.
here's my source http://www4.law.cornell.edu/uscode/html/uscode17/u sc_sup_01_17.html.
This is a horrific application of legal theory, in fact it flies in the face of US court proceedings. It's called "burden of proof" and without it you are guilty until proven innocent, literally you are tasked with proving yourself innocent.
It's a sad day indeed when a privately owned entity can practice McCarthyism and nobody notices. Welcome to the United Corporations of America, an experimental perversion of capitalism, totalitarianism, and military dictatorship.
Free speech is all we have left.
Some Women fear being left alone with what might be an abusive chauvinist.
Some Men fear being left alone with what might be an abusive, lying, conniving, devious wench.
Either way, you shouldn't discredit his fear of abuse anymore than you should discount those of a woman. I know from experience that contact with the wrong woman can easily become a life changing event. In fact I've been suffering with an inability to commit for several years, based on fear alone. I couldn't imagine going through that kind of abuse at work, and then having to deal with a happy home falling apart because of some psychotic woman I had to go on the road with.
The really unfortunate issue here is that work is actually a great place to determine if someone is safe before you hook up with them, many men and women feel this way, because you can actually get to know people at work seeing them day in and day out.
my lawyer says yes, it is ok
IANAL - this is not legal advice
Not really, his job would be at risk if patents were completely eliminated, but this is really an argument about who is guiltiest for the broken patent system, where the glaring issue is specifically software patents.
Lutton believes that the key to fixing the country's patent problems lies with the courts, not the patent office. "Most patents issued are never litigated and never licensed," he said. "We need to focus on fixing the litigation system. That's most relevant."- FTFA
Thanks for the info. but I'm sure you can forgive me if I just want something off the shelf. I also, want the virtualization software to just run, and I need to virtualize whatever OS I want. Your system would be nice if Dell was selling them with the option of adding Xen, and incidentally running a *nix system from the start. Honestly, I don't understand why Dell doesn't offer this sort of thing it kinda seems like a waste M$ on a 64bit system, selling Linux without a 64bit option is kinda goofy too.
can it blend? - yes I'm sure it can, the iphone blended.
speaking of which how much does this processor cost, and why doesn't Sun Microsystems make laptops, I was looking for Unix machines recently and I decided to go with the Mac book pro, rather than the Linux machines (laptops) at Dell, because of the hardware and general lack of processing power, which doesn't seem to lend itself to virtualizing other Operating systems.
I'm absolutely certain anyone on death row that is innocent, would not agree with you. In fact I think your tune would change considerably if the "error" was snuffing you out. And judging by your faith in the system I don't think you have the slightest clue about what goes on in the real Legal system. (too much CSI maybe?)
Quick question: Have you EVER been to court without a lawyer for anything more than a traffic ticket?
Here's a tip: if you're ever in big trouble, mortgage your house and give half to your lawyer, you want him working really hard from the very first second . If you're poor move into your car, park it next to the courthouse and visit the law library every day.
Don't EVER assume you're innocent and nothing can go wrong.
It's kinda like driving a car without breaks, yea the complex system still works, but it is very considerably broken too.
Every time the state sentences/executes/ruins an innocent person, the system has failed and is broken, when the guilty go free, it is broken. If "completely fabricated" lawsuits get through at all something is broken. This isn't the legal system you learned about in school, it fails, and when it fails it completely irrevocably ruins peoples lives. If you understand this and still argue that the legal system is not broken, you just might have a really big surprise coming your way.
Corruption doesn't necessarily equate to a miserable quality of life. Everyone here has likely worked somewhere where a particular rule got in the way of completing a job the way it needed to be. Your boss looks the other way and you do the job, sometimes it's better that way. Funny though, this line of thinking leads to people abusing the system of corruption.
Except, one or two lawyers could easily use their expertise to screw the rest over, by ruining the (money printing) system, these lawyer stand to earn a great deal.
doesn't believe there is an issue, why attend the "Patent Crisis Panel"?
Organized crime if they are worth the title will have a professional duplication process and will charge at least Wal-mart's latest prices, or better yet be involved in a video rental place or something where they can sell/rent videos ad infinitum.
women don't like sex?
I really don't understand the idea that a guy having sex with a woman is some how taking something from her, yea, I don't understand it from a man's perspective or a woman's perspective. I have rarely seen any evidence that supports this theory and it's always like one guy that just treats women like shit in general, not that there aren't women that treat men like shit too.