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User: breeze95

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  1. The NLRA has some real protections. See here for an analysis. In one case, a guy publicly complained (on Facebook) about the quality of food at a company party, and that was ruled to be protected speech. In another case, a guy put "Bob is such a NASTY M***** F***** don’t know how to talk to people!!!!!! F*** his mother and his entire f****** family!!!! What a LOSER!!!!" on his Facebook page, and the NLRB agreed that it was protected speech. If I had been Google, I would have given him a big severance package along with a nondisclosure agreement to avoid lawsuits. However, it's also possible management at Google doesn't care if they lose a lawsuit, as long as they are perceived as fighting for the correct side.

    Except in this case the fired engineer didn't post his manifesto in Facebook. He mailed his manifesto to his fellow employees using company resources. In the cases you mentioned would the outcomes have been different if the offending speech were circulated internally and not on a public domain?

  2. IAAL, though not an employment lawyer and not a California lawyer. I think he has a case- it will survive a motion to dismiss and possibly even summary judgment- but not necessarily one he will win if it goes to final merits. Google is likely to fight hard on this one, but they also understood a lawsuit was the likely outcome of firing him, and likely decided it was worth the cost.

    What are you basing your conclusions on? Google said that they fired him because his memo violated his terms of employment contract. The only legal course he has is to argue that his memo didn't violate his terms of employment contract. Good luck with that. Google took as long as they had to fire him because their lawyers were parsing his employment contract. If the case is still in the news 12 months from now Google may give him some compensation to make the situation go away.

  3. Re:You must be joking on New Research Shows Humans Could Outrun T. Rex · · Score: 1

    I'm really not convinced by these arguments that our ancestors were somehow multi marathon fit and could run down anything on the plain. No native peoples today do that - they wound first with spears or arrows then follow it until it dies, they don't wear it down physically!

    As for running down a horse, you must be joking. Horses can gallop then trot for hours, long after even the fittest marathon runner would be in a sweaty heap on the ground panting like dog. And unless you're a first class tracker you're never going to find that horse that has probably put 10 miles between you and him in the first hour.

    The present day Bushmen of the Kalahari routinely engage in marathon hunts. The hunt is easier when the prey is wounded before the chase but that is not always possible. I saw a documentary where a Bushman was chasing, for 3 days, one of the large antelope species in Southern Africa. Yes, humans can outrun a horse (has been done many times) depending on the temperature and distance. If the temperature is cool then the horse has an advantage in a marathon race. If the temperature is hot (above 80 degrees) then humans with our advance cooling system will beat a horse in a marathon. Heat makes a huge difference. Here is the Wikipedia entry about the yearly Man versus Horse marathon. https://en.wikipedia.org/wiki/...

  4. Re:Glad on Windows Phone Dies Today (theverge.com) · · Score: 1

    I had a Windows Mobile 5 (later updated to 6) phone. It was actually pretty great. And I was doing things miles beyond what the iPhone did years later..

    Sorry but I call BS to this. I had Windows Mobile 6 on my TMobile Dash and the operating system was a dog. The original iPhone and Android phone was way way above and beyond the capabilities of Windows Mobile 6. One of the problems with Windows Mobil 6 was the operating system tried to duplicate the look and feel of the Windows desktop environment. There is a reason why Windows Mobile phones never exceeded 15% market share and this is before the iPhone and Android.

  5. Re:Delusional on Hillary Clinton Rips 'Bankrupt' DNC Data Operation (axios.com) · · Score: 1

    You're assuming the Dems won't run Hillary's corpse over someone people actually like.

    The Democrats have a history of shooting their wounded, so, Hillary 2020 is not going to happen.

  6. Re:Good on France on Le Pen Concedes Defeat To Macron In France's Post-Hack Election (reuters.com) · · Score: 1

    " the aftermath of the election, two things happened. First, the sky didn't fall with Trump and the Republicans have pretty much accepted the status quo on social issues I care about. .

    Can you tell us which social issues that the Republicans have accepted the status quo?

  7. Re:Chinese buying the property, selling all resour on This is Why Australia Hasn't Had a Recession in Over 25 Years (bloomberg.com) · · Score: 1

    I've posted this maybe dozens of times across the internet, I'm tired of shouting it and I'm tired of making lengthy posts with links and evidence.

    The country is selling all it's gas, minerals at rock bottom prices to anyone and everyone for a start. In a huge massive way. The mining boom is finally slowing down significantly, at least so I hear.

    We are also pretty lax with stopping people buying property. There's arguments why shouldn't we stop them, but seriously, I'm sick of debating it. If you can't see how someone vastly wealthier than the common local, bidding for houses isn't going to mess up the cost for the locals,..... well I don't know what to say. There's a reason Thailand, Indonesia, other smaller second class countries don't let foreigners buy.

    We're getting 'Vancouvered'. It ain't about race, it's about economics and the locals (who don't own yet, you know, a LOT of people) are getting destroyed, totally by this.

    That's the facts, it's as simple as that. Furthermore, as long as the Chinese can still buy property (and they do it legally and illegally) then I suspect the 'crash' which I've hoped for, for a decade, simply won't come. They'll just see a cheaper place to store their money they want to hide from China.

    We're boned. Best benefit to all this would be a property developer in the last 20 years. Rest of us? Well I've held off using expletives but to say I'm white hot raging angry would be an understatement. @$#%^ our governments.

    Oh please, spare us your xenophobia. I have heard such sentiments in the late 80's and 90's when the Japanese were on a spending spree. Everyone were concerned by the Japanese buying up American assets while conveniently ignoring that citizens and business entities of the UK owned more assets in America than the Japanese. I wonder why people were concerned about the Japanese and not the English. On second thought, I know why. Those other counties, you mentioned, preventing Chinese from buying property are xenophobic as heck against the Chinese and a sad day if America follow suit. Foreign entities wanting to buy assets and invest in America is a good thing.

  8. Re:Does not matter on Are Robots Coming To Take Investor Jobs on Wall Street? (nypost.com) · · Score: 1

    In my experience with a not-publicly-traded company that decided to create an Employee Stock Ownership Plan (ESOP), it was just a way for the owners to take cash out of the company without selling it on the market. Turns out they allotted shares worth 1/3 of the company to the ESOP, and had the coroporation borrow money in order to purchase those shares from the owners and give them to employees instead of contributing to 401Ks (I called it the "all eggs in one basket retirement plan"). The owners got cash and the employees got non-voting shares that dropped in value every year (especially 2009).

    How is this taking money out of the company? Does it matter who owns the shares...employees vis-a-vis the general public?

  9. Re:wouldn't all machines come to the same conclusi on Are Robots Coming To Take Investor Jobs on Wall Street? (nypost.com) · · Score: 1

    wouldn't all machines come to the same conclusion?

    So what?. That just means that the investor will not beat the market in the long term but we all know that.

  10. Re:government regulations on No Evidence of Aloe Vera Found in the Aloe Vera at Wal-Mart, CVS (bloomberg.com) · · Score: 1

    For this exact case, regulation isn't necessary. You just need to make it illegal to describe a product as being a certain thing, and then it turns out it isn't that thing. We have a crime for this: Fraud. It's nice and simple. The unfortunate thing is that we probably have regulations that will limit the liability of WalMart when everyone sues them for this.

    So you may actually be right. Get rid of those regulations and let WalMart experience the wrath of a million lawyers.

    Isn't that the definition of regulation? In your example, the regulation is hard coded into law.

  11. Curiously, the total money bet favors Clinton, while the total number of bets favors Trump.

    In a situation where everyone has exactly one vote, it's not clear which measure has predictive power.

    Which do you believe is more predictive (1) big money bets (i.e. smart money...using Wall Street terminology) or (2) the preponderance of bets? My experience in finance is that big money bets on a stocks/bonds, etc are usually indicative of the long term prospect of those financial instruments. I wouldn't bet against big money.

  12. Loved the book, and loved the movie, each for different reasons.

    Would love to see a movie that was very true to the book, though I think a lot of liberals heads would explode at the concept of service meaning picking up a gun and standing between danger and society. That you can't vote or hold office till you serve and as a "civilian" (non-citizen) are only allowed to have 1 child.

    Imagine if that was the world today. Nearly all the Democratic part and most of the Republican party would be fired from office/ineligible to vote.

    Loved the book, and loved the movie, each for different reasons.

    Would love to see a movie that was very true to the book, though I think a lot of liberals heads would explode at the concept of service meaning picking up a gun and standing between danger and society. That you can't vote or hold office till you serve and as a "civilian" (non-citizen) are only allowed to have 1 child.

    Imagine if that was the world today. Nearly all the Democratic part and most of the Republican party would be fired from office/ineligible to vote.

    And you are a fan of this? You think this level of fascism is a good thing? To each his own...I guess.

  13. This is the consequence of the death of Moores Law. A lot of people won't be happy to hear this, but Moores Law is dead and won't be coming back. Digital computers are reaching an endpoint and there are no more leaps to be made technologically here. Essentially digitial computing is hitting a dead end. The computer you have today will look a lot like the one you will have 10 years from know. I know people will go on about 3D microchips, atomic transistors, exotic materials, but that isn't going to bring back Moores Law. We have been spoiled for decades, but the party is over.

    I'm not 100% on board with that belief. The hardware aspects of computing may seem to be heading for a dead end because software demands on hardware have plateaued. Hardware innovation was in response to software demands. Absent software pushing the need for cutting edge hardware, hardware innovation will slow down. I have a computer that I built in 2010 or 2011 that is powered by an Intel i5 3.0 GHz processor. So, far my computer has and can handle any consumer software products on the market. This fact reduces my need to upgrade my computer every 2 years. This is one of the reasons (along with the growth of mobile computing) why the demand for desktop computers has declined. Computer manufacturers are looking at consumers such as my self and don't really see a need to push the envelope. Maybe the growth of artificial intelligence and smart homes will change this. Besides, Moore's Law seems to be alive and well on the mobile computing platform.

  14. Re:I am a young person with a family on University of California's Outsourcing Is Wrong, Says US Lawmaker (computerworld.com) · · Score: 1

    I also have the financial sense to save for a rainy day and not leverage myself to the eyeballs. I've been months without employment in recent years, and my family was provided for quite well despite the disquieting uncertainty.

    So what? Most people will put themselves and their family well being ahead of pride. Why should the IT staff quit because they have to train their replacements? Why should the IT staff make a financial decision, that can have serious consequences, based solely on pride? The IT staff received 6 months notice about the change. That’s 6 months to look for a job without using their savings. What you are suggesting makes no sense even if you have the savings to carry you through until your next job.

  15. Re:So then Hillary is the warmonger on US Investigating Potential Covert Russian Plan To Disrupt November Elections (washingtonpost.com) · · Score: 1

    If Russia is with Trump, then electing Trump will mean we will not go to war with Russia, and we almost certainly will if we elect Hillary (which she is already inclined to anyway because of the DNC and email leaks).

    The media try to paint Trump as some kind of warmonger, but he's not even sure about backing all NATO countries! Meanwhile Hillary is no stranger to war, having started the war in Libya from scratch for no good reason, and with even flimsier pretext than Iraq... Libya was slowly opening to the west under Gaddafi, there was no need to take him out and now that country is utterly screwed.

    The day has come when Republicans are bowing in fear and appeasement of Russia. Ronald Regan must be spinning in his grave.

  16. if Hillary looses, you can be sure the left will point the finger at Russia. Any election the left looses is automatically "Unfair!".

    Well, the Left wouldn't/don't have to worry about that since Hillary has an 85% chance of winning. When Hillary wins what will the Right say?

  17. Re:It's not as simple as "just switch over" on London's Metropolitan Police Still Running 27,000 Windows XP Desktops (thestack.com) · · Score: 1

    As someone who is on the tail end of a 700 computer migration from WinXP to Win7, I feel their pain. A single critical program that won't run on Win7 can be a showstopper. Not to mention special hardware for which no Win7 drivers are available - all of a sudden that $120 upgrade cost for a Win7 license became $25,120 when you include the cost of a new laser engraver.

    You can always run XP Mode in Win 7 Virtual PC. That's what my organization did when we upgraded to Win 7. We had a few programs that were tied to XP; so, we ran those programs in Win 7 Virtual PC-Windows XP Mode. Problem solved.

  18. Re:Netflix has a unique and obvious strategy. on Slashdot Asks: What's Next For Netflix? (500ish.com) · · Score: 2

    Netflix is the first media company with the business model of "Give the customers exactly what they want."

    That is what I used to think, until I heard my friends across the ponds cant watch House of Cards, because of geoip restriction. Netflix blocked countries from watching their self produced TV series, because they wanted to make more money though licensing deals. Netflix is becoming yet another old school media company (and I use that phrase with contempt).

    I don't see how Netflix would be maximizing profits based on your scenario. Besides, Netflix doesn't really own House of Cards or any of their internally produced content. They own the exclusive rights to their in-house produced shows but the movie studios still own the content. Netflix has to determine which countries will have an interest in the House of Cards before they license the rights to show House of Cards in those countries. If your friends across the pound can't see the House of Cards is because Netflix has determine that there is not enough interest over there to justify the extra licensing costs. Netflix is fighting the studios to get global licensing but studios are resisting moving to a global licensing model. Don't have the player; hate the game.

  19. Re: Netflix has a unique and obvious strategy. on Slashdot Asks: What's Next For Netflix? (500ish.com) · · Score: 1

    So their witch hunt for people using Proxy to gain access to the US Netflix is in the customers best interest?

    What do you expect Netflix to do when the studios are forcing them to block Proxies and VPN? If Netflix really intended to go after their customers from accessing regional restricted content then they would block customers from accessing out of region content based on billing address.

  20. Re:Result of brexit? on SoftBank To Buy British Chip Designer ARM For $32 Billion (cnet.com) · · Score: 1

    Intel has been trying this for many years. They never succeed because Intel is trying to make chips so Intel can sell chips for phones and tablets. Intel is Intel-focused. If they focused on making chips to solve problems for customers, they might be more successful.

    Microsoft has the same problem. Windows 8 and Xbox One were very obviously Microsoft-focused products -- customers didn't want tiles or Kinect or HDMI input.

    Memo to Intel and Microsoft: don't make stuff you want to sell, make stuff people want to buy.

    No, the problem Intel has in the mobile computing market is that they are trying to develop chips for the mobile market that are based on their X86 design. Square pegs in a round hole as it is. Intel is x86 centric not "Intel is Intel-focused" as you stated.

  21. Re:Worked out for me... on Microsoft To Begin Reducing Your Free OneDrive Cloud Storage Starting Today (betanews.com) · · Score: 1

    Actually, right now I'm paying $0/mo for storage since I got two years free. And even when that runs out I will be paying $7/mo for hosted storage, related services and a full office suite. For less than the two major competitors (Google and Dropbox) charge for less features (and again, no office suite).

    I I have plenty of storage at home (around 10TB usable) but OneDrive provides me convenience and backup. I suppose I could go through the trouble of installing something like OwnCloud, then configuring all my devices to use it, but you know what? Not only would it still be difficult to match the feature set, I am far more likely to have power or network go out in my house than in their data centers.

    Google has an office suit built into Google Drive. Google office suit can read the latest Microsoft office files and save files in any MS Office format plus act as a PDF Reader; also, Google office suit allows for sharing and collaborating. Google Drive can be set up to automatically back up data from all your Android mobile devices, in addition to any files or folder on your computer. To say that Google Drive is not as feature rich as Microsoft OneDrive, as far as the average user is concerned, sounds a bit like you are shill.

  22. Re:pen and paper on Slashdot Asks: What's Your Preferred Note-Taking App? · · Score: 1

    I use colornote myself, nothing fancy but its great with lists and quick notes which is what I am always using so it works perfect for me.

    Yep, I use ColorNote as well. Simple and easy to use, great for simple notes. I also use Google keep a lot. I like Google keep ability to set reminders and voice to text feature to take notes.

  23. Re:Why doesn't an IP address prove something? on Judge Dismisses Movie Piracy Case, IP-Address Doesn't Prove Anything (torrentfreak.com) · · Score: 1

    FYI, a VPN connection, provides proof that YOU were the person driving since it's password protected and paid for with your credit card.

    Really, a VPN connection can only be established by you?

    Yet if someone else already has access and control of your pc, likely with a keylogger on the pc, what stops them from using the VPN as you? Nothing, that is what.

    ... and what if your computer/router is setup to automatically create the VPN connection... My 5 year old could be on that VPN.

    It would definitely be harder to show that you were innocent if the VPN service is in your name. While not impossible for someone to hijack a VPN connection, My personal opinion is that such an argument without proof would be an uphill battle in court. Note: I am not a lawyer.

    You are making a blanket statement that's not necessarily true. You may have a point if the user has to manually enter username and password to establish a VPN connection. However that is not the case, username and password is stored by the VPN, on the client's computer, and the credentials are automatically sent to the hosting company for verification. All a user need do is connect to the VPN and credentials are automatically verified. Not to mention, many VPN's are set up to be always connected.

  24. Earth's Gravity Well! on Small Asteroid Discovered Orbiting Earth (cnn.com) · · Score: 1

    I'm amazed that Earth's gravity extends that far. So, Earth's gravity extends at least 25% of the distance to Mars at its closest point to Earth.

  25. 8cm is enough if that's all you require to get free money. Bus, train, bar, concert, elevator, I'm in plenty of situations where I get closer than 8cms to others. If everyone of those people I could scam $99 from, I'll be a millionaire by the end of the month.

    8cm = 3.15 inches. You would literally have to be standing nose to nose with someone to be that close. The only way that 8 cm range would work is if the device is hand held and you are in a crowded environment, preferably a bar where everyone is tipsy, where you can get the device 3 inches from people pockets or handbags. It's not easy but doable I guess.