Yes indeed! If they are legitimate now, and have value (and shares) they can be sued. How many slashdotters have, like myself, have probably spent days (total) removing this crud? And this was in a controlled office environment, not even counting time helping relatives and friends.
Basis for class action lawsuit
Time effort and lost productivity and bandwidth in removing gator/claria products 1)
a) time to remove the product, and the time and effort learning how to
cleanly remove it.
b) subsequent loss before removal of the product of efficiency
c) recovery of costs for displaying ads using clients (not advertisers
resources)
2) Damages
a) absence of a proper removal tool (complete uninstall) required in some
cases reformatting and reinstall of Windows and all applications by a
cpu professional.
b) subsequent loss of the computer for said period
c) trespass
Given today's legal environment, I eagerly await seeing some suits of this nature going forward. Claria's Bankrupty could be so beautiful.
Q) The Question is how do you prevent it from being abused? A) Violations of privacy should be judged on merits by the courts (same as a wiretap). Was this done here. NO. Was this then an abuse of authority? Yes.
Q) Should you even worry about it? A) At First, all the British police wanted were a few camera's in high crime area's, then a few camera's at dangerous intersections. Then a few in malls. Look at it now.
Q) Do you have a right to privacy while on a public road? A) Yes. You have a right to privacy everywhere. Why? Because all "authority" will be abused - that's just human nature.
Pretty simple wasn't it. The details in the questions change, but human nature remains the same.
But this is perfectly aligned with Sony's other actions. Look at the Blu-ray spec, or the myriad of crap they've put on music CD's in the past. All that has happened here is that they've been encouraged by lack of penalties to extend their intrusion into user's rights. They got caught is all.
That reminds me of another good one
http://en.wikipedia.org/wiki/Paranoia_(game)
Usually the "winner" is the sole character with any clones (from 6) left alive..and everyone else is dead...and the computer doesn't suspect it was you..
You have it reversed. It's the story of a tiny 200 person company created by US lawyers to steal the profits of a foreign $30 Billion dollar industry and a whole cadre of US politicans, US judges, US government officials and the US Patent office working in concert with Rambus against the "foreigners".
The funny thing is that Rambus purposefully destroyed the incriminating documents that showed that the company had a strategy of submarine patents, and the US Judge at the first trial (and subsequent appeals) let them off.
Rambus has a proven record of joining committees that required the disclosure of patents to steer standards into the said Rambus patents. Rambus used the worlds worst Patent office (US)to patent flimsy/obvious progressions of current technology - often stolen right from other companies at the standards meetings.
Given that RAMBUS has destroyed all the documents that incriminated themselves, why should they have any access to the documents of other companies defending themselves against RAMBUS's illegal actions?
"The scientists, however, cannot explain how this happened because they have never succeeded in creating chiral molecules of only one kind in laboratory experiments that simulated prebiotic conditions."..is out of date. It has been found that the primitive organic compounds formed in space and found in comets share the same chirality as organic molecules from earth. Thus it appears the low gravity +vacuum + high energy radiation of space favor this chirality. You can find recent papers to this effect on Nature.com.
The only problem with your argument is
Why does the test get done after the Injury?
If the test works, don't you have a right to know that doing X is going to injure you?
Blows that whole argument away...
Actually I read a lot of studies, and they seem in agreement - when the whole picture is taken into account, corn ethanol is a large net loser. Ethanol from Biomass isn't, depending on the transport methods.
Here is another study for example that shows Corn ethanol as a net loser (nothing to do with Pimental)
http://www.sciencedaily.com/releases/2005/03/05032 9132436.htm
Most cases I've seen in the paper involve the employer getting a kickback from the employee. In many cases the business instigates the fraud and gets lots of low paid workers into the scheme. Take a look at the amount of money involved and the nice recurring setup. Now imagine it with a hundred phony laid off employees...
Do you realize that if the "Car" patent hadn't been slapped down as harmful to consummers in the 1900's that there would be only one manufacturer of cars, and that the Ford Assembly line would never have been invented?
Same for the TV! Look it up sometime when you are checking out the "car" patent.
Great analogy, for the opposite argument.
What's special about software is that is an attempt to get patents on the Concepts, otherwise a copyright would serve the purpose.
Yes, the certificate indicates it works, but what about error and calibration limits, and more importantly false positives. The current tester does not measure actual alcohol, but the by products of the alcohol. You can actually eat many foods/have a medication that will make the same by products. An early model in Canada would indicate a failure (indicating drunkeness) if you'd smoked a few minutes before taking the test. Would you be happy being convicted for taking a few puffs of a cig before your test and being told it's ok they have that nice certificate?
Remember Bre-X, the Canadian mining Company that claimed to have made a huge gold strike, but the assays were falsified? Insiders knew this and were prosecuted accordingly, but making the false claims was a crime in itself and prosecuted as such.
Why is SCO any different?
SCO should be held to the same standards as Bre-X, or any publicly traded mining co. It made the claim that it had a chance to make a large/fantastic amount of money from the near unlimited goldmine that is IBM. Shouldn't an independant and accurate assesment of the value and the percentage chance of it's winning that claim be required as well? Darl and his insider buddies obviously knew it was a snowballs chance, and sold their shares as quickly as possible. Why should Joe investor be denied that knowledge?
Slashdot Mirror
Excellent Post
Yes indeed! If they are legitimate now, and have value (and shares) they can be sued. How many slashdotters have, like myself, have probably spent days (total) removing this crud? And this was in a controlled office environment, not even counting time helping relatives and friends.
Basis for class action lawsuit
Time effort and lost productivity and bandwidth in removing gator/claria products
1)
a) time to remove the product, and the time and effort learning how to
cleanly remove it.
b) subsequent loss before removal of the product of efficiency
c) recovery of costs for displaying ads using clients (not advertisers
resources)
2) Damages
a) absence of a proper removal tool (complete uninstall) required in some
cases reformatting and reinstall of Windows and all applications by a
cpu professional.
b) subsequent loss of the computer for said period
c) trespass
Given today's legal environment, I eagerly await seeing some suits of this nature going forward. Claria's Bankrupty could be so beautiful.
Q) The Question is how do you prevent it from being abused?
A) Violations of privacy should be judged on merits by the courts (same as a wiretap). Was this done here. NO. Was this then an abuse of authority? Yes.
Q) Should you even worry about it?
A) At First, all the British police wanted were a few camera's in high crime area's, then a few camera's at dangerous intersections. Then a few in malls. Look at it now.
Q) Do you have a right to privacy while on a public road?
A) Yes. You have a right to privacy everywhere. Why? Because all "authority" will be abused - that's just human nature.
Pretty simple wasn't it. The details in the questions change, but human nature remains the same.
Sorry,
But this is perfectly aligned with Sony's other actions. Look at the Blu-ray spec, or the myriad of crap they've put on music CD's in the past. All that has happened here is that they've been encouraged by lack of penalties to extend their intrusion into user's rights. They got caught is all.
That reminds me of another good one http://en.wikipedia.org/wiki/Paranoia_(game) Usually the "winner" is the sole character with any clones (from 6) left alive..and everyone else is dead...and the computer doesn't suspect it was you..
You have it reversed. It's the story of a tiny 200 person company created by US lawyers to steal the profits of a foreign $30 Billion dollar industry and a whole cadre of US politicans, US judges, US government officials and the US Patent office working in concert with Rambus against the "foreigners".
The funny thing is that Rambus purposefully destroyed the incriminating documents that showed that the company had a strategy of submarine patents, and the US Judge at the first trial (and subsequent appeals) let them off.
Rambus has a proven record of joining committees that required the disclosure of patents to steer standards into the said Rambus patents. Rambus used the worlds worst Patent office (US)to patent flimsy/obvious progressions of current technology - often stolen right from other companies at the standards meetings.
Given that RAMBUS has destroyed all the documents that incriminated themselves, why should they have any access to the documents of other companies defending themselves against RAMBUS's illegal actions?
And he can even die every show too!
I thought we were supposed to do that under the First Post!
"The scientists, however, cannot explain how this happened because they have never succeeded in creating chiral molecules of only one kind in laboratory experiments that simulated prebiotic conditions." ..is out of date. It has been found that the primitive organic compounds formed in space and found in comets share the same chirality as organic molecules from earth. Thus it appears the low gravity +vacuum + high energy radiation of space favor this chirality. You can find recent papers to this effect on Nature.com.
The only problem with your argument is Why does the test get done after the Injury? If the test works, don't you have a right to know that doing X is going to injure you? Blows that whole argument away...
Actually I read a lot of studies, and they seem in agreement - when the whole picture is taken into account, corn ethanol is a large net loser. Ethanol from Biomass isn't, depending on the transport methods. Here is another study for example that shows Corn ethanol as a net loser (nothing to do with Pimental) http://www.sciencedaily.com/releases/2005/03/05032 9132436.htm
Most cases I've seen in the paper involve the employer getting a kickback from the employee. In many cases the business instigates the fraud and gets lots of low paid workers into the scheme. Take a look at the amount of money involved and the nice recurring setup. Now imagine it with a hundred phony laid off employees...
Do you own a car?
Do you realize that if the "Car" patent hadn't been slapped down as harmful to consummers in the 1900's that there would be only one manufacturer of cars, and that the Ford Assembly line would never have been invented?
Same for the TV! Look it up sometime when you are checking out the "car" patent.
Great analogy, for the opposite argument.
What's special about software is that is an attempt to get patents on the Concepts, otherwise a copyright would serve the purpose.
Yes, the certificate indicates it works, but what about error and calibration limits, and more importantly false positives. The current tester does not measure actual alcohol, but the by products of the alcohol. You can actually eat many foods/have a medication that will make the same by products. An early model in Canada would indicate a failure (indicating drunkeness) if you'd smoked a few minutes before taking the test. Would you be happy being convicted for taking a few puffs of a cig before your test and being told it's ok they have that nice certificate?
What? You still haven't seen this? Osama had nothing to do with US policy in Iraq, except the "fixing the intelligence to suit the policy" part. http://www.timesonline.co.uk/article/0,,2087-15936 07,00.html
Remember Bre-X, the Canadian mining Company that claimed to have made a huge gold strike, but the assays were falsified? Insiders knew this and were prosecuted accordingly, but making the false claims was a crime in itself and prosecuted as such. Why is SCO any different? SCO should be held to the same standards as Bre-X, or any publicly traded mining co. It made the claim that it had a chance to make a large/fantastic amount of money from the near unlimited goldmine that is IBM. Shouldn't an independant and accurate assesment of the value and the percentage chance of it's winning that claim be required as well? Darl and his insider buddies obviously knew it was a snowballs chance, and sold their shares as quickly as possible. Why should Joe investor be denied that knowledge?