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User: I_can_not_believe_I_

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  1. Re:that was fast on Designer Accused of Copying His Own Work By Stock Art Website · · Score: 1

    Ok, a couple of things with the second part of your statement first, in that case, while at Common Law you would be liable for the possession of stolen goods (going back to British cases such as Cundy v. Lindsay), in most jurisdictions these days there are statutory rules protecting purchasers from sales of businesses (though, it usually only applies to sales from a business, not between individuals). The entire theory of "Good Faith" is nice; however, it's not necessarily a legal defence, if you're negligent, it doesn't matter what your intention was.

    With regards to comments on the first part, and the situation in question here, yeah, while people were debating back and forth who owned the images in question, it was a relatively gray area (though even that would depend on what "proof" the gentleman provided the stock image firm), which the courts would sort out in time. Based on the statements though, it appears that the Stock Image group or their lawyer crossed some big black lines in calling clients and claiming that the gentleman had stolen images. There are all sorts of charges that can come from this, depending on the nature of the statements, etc. though defamation may be a fairly east case if you can show they made factual statements which are not true (especially in the US). As mentioned elsewehre, if it's found that sufficient proof was provided to establish that he did own the images prior to the legal battle, more charges (dependant on the locale) may be possible, and it would definetely affect the damages awarded.

  2. Re:Meh on Libel Suits OK Even If Libel Is Truthful · · Score: 1

    Hardly, this is a decision from a Court of Appeal, so all courts under its juristdiction are obligated to follow it unless they can distinguish the case, it's a fairly scary precedent. While trial level courts will hopefully read the ratio of the case narrowly and minimise the damage that can be caused (by allowing most other cases to be distinguised), it's up to the individual judge on how he reads the case and its impact, and I'd disagree with the article that this couldn't be interpreted (by a trial judge) to apply to speech other than that between private parties, which would end up coming back to the Court of Appeal (though quite possibly differnt judges on the panel) to "clarify."

    At least for now, it appears that in Massachusetts, the truth is not necessarily a defence against the tort of libel, which is a pretty scary prospect, right up there with British Columbia rewriting the rules on defamation regarding private conversations.

  3. Re:Isn't it just Microsoft-style "bloat"? on Linux 2.6.20-rc6 Kernel Performance · · Score: 1

    Given the comments recently about multicore processors being the norm, and the greater push for specialized silicon, optimizing Linux for Cell processors could be a positive step if we see these innovations move into more mainstream use.

    Having said that, has anyone benchmarked the performance of the kernel on the Playstation? Is it only at a "it runs" point, or is there actually decent tailoring to the Cell processor, so that it takes advantage of the architecture?

  4. Re:Pronounciation on Stress-Testing the Verizon G'zOne Cellphone · · Score: 1

    No, I think that the American pronounciation works better on this one:

    Gee-zee One... you know, kinda sounds like "cheesy one"

  5. Consensus ad idem on How to Deal w/ Dubious 'Contracts'? · · Score: 2, Informative

    First off, IANAL; however, under Contract Law in Canada there has to be a meeting of the minds (consensus ad idem), which I belive could be argued with a click-through agreement which could be easy missed if their software was not installed, this would not be considered the case.

    For small matters like this, contracts do not need to be written, verbal contracts have been recognised by the court, so click-through agreements (if read and understood), could hold up if there was an expectation that the contract was read.

    The requirements of a contract were fufilled otherwise, something was offered in exchange for compensation, and an agreement was made (witnessed by paying the invoice). I think that may be the problem in the end, even if the click-through agreement is not upheld, the service was requested (verbal contract) and paid for (witness of acceptance).

    Also, as there was an initial discount, it could be inferred that there was a minimum term to the contract (yes, contract law allows for common practice), which would in turn imply that a penalty may exist.

    In short, Telus is probably right enough that they can keep things in court, and stand a reasonable chance of succeding with their case. If you want to try getting a lawyer to send a letter, that may get you something; however, I'd assume Telus isn't going to back down from a legal perspective.

  6. Re:Simple solution to this on Beware the iPod 'slurping' Employee · · Score: 1

    Well, I'm too lazy to go dig up the specification on PS/2 and check whether or not it's bi-directional, and what the bandwith is; however, the limiting factor for this would be that Windows does not include mass storage device drivers over PS/2.

    Therefore, even if you could connect over PS/2, there should be enough safe-guards in place on secured computers to prevent users from installing drivers (by the time IT has taken the CD-ROM and cut USB pins on the motherboard, restricting people's user role is pretty simple.

  7. Simple solution to this on Beware the iPod 'slurping' Employee · · Score: 1


    There's a great, and easy solution to this, when a new computer comes into the company, while you're removing the CD drive (don't laugh, they do with us), go to the motherboard with a pair of wire-cutters, and after disconnecting the USB hubs, cut the pins. Voila, a PC that you can't hook an iPod (or anything else) to.

  8. Re:Physical access on Beware the iPod 'slurping' Employee · · Score: 1

    Now, this would actually become interesting if you could automatically get executables to run off a flash drive. Somehow plugging something in and then running some executable would seem at the best odd (claim you mis-clicked?).

    If you could do this, things like slurp.exe on iPods would be more interesting, as you could have people unknowingly running this program. For example, assume a fictional girlfriend of mine worked somewhere that I wanted to check for some sort of info. I've got access to her iPod at home, but nothing at her work. If this program could be run without her intervention, then it's an issue, right now it's just one of thousands of USB storage devices people could use to carry things out.

  9. Re:I've seen this simulated, it isn't pretty. on Has World Oil Production Passed Its Peak? · · Score: 1


    A couple of things, with regards to the Saudis and their output, it is not only production levels which are linked with reserves, it's the leadership of OPEC. The Saudis have been the only major swing producer within OPEC, meaning that they are the country that will up oil production in extreme cases to stabilize prices, so they have historically been able to take optimum advantage of high oil prices, regardless of their stated reserves.

    With regards to Oil Sands, just to be clear with the comments about environmental devestation, most oil sands recovery has moved away from strip mining, and to in-situ recovery (which is what consumes gas and water for steam production), which looks like any other gas/oil facility. In terms of what is recovered, yes oil sands require higher energy inputs to recover, and if you look at the refining necessary to produce a barrel of sweet Texas crude, expenses are high; however, that neglects the commercial value of the heavy ends (C6+ carbon chains, the really gooey stuff) which can be recovered and used in commercial chemical industries.

    It's interesting, upthread there were comments putting the commercial feasability of the tar sands at $50 US a barrel, which is astronomically high, some of the major producers (Suncor/Syncrude) fields can be economically feasable at $15 US a barrel (probably even lower now, that number was from 2000).

    Are there environmental impacts with heavy oil recovery? Of course; however, conventional oil recovery

    With regards to gas, if you look at more recent numbers and company reports, you'll see in the last few years, gas production in Canada (mostly BC/Alberta) has increased again, with several companies (Encana, Petro Canada, etc.) bringing new fields online. Gas is an odd commmodity to work with, as it is very inefficient to move, and therefore, is only economical if you are connected with a market (even the costs of running gas pipelines are high, with the required compressor stations). Yes LNG is a partial solution to this problem; however, the energy required to create LNG is not trivial, and you still have several issues with transportation (both cost and political/societal). Right now Heavy Oil is driving a significant portion of gas demand (both recovered along with heavy oil, and imported from gas fields), both for steam production, and power production through Co-Gen.

    Oh, and a nitpick, Syncrude is a company, Synthetic Crude Oil (SCO) is heavy oil after initial upgrading, something several plants now do on-site to increase the value of their product, and use it as diluent to cut the viscosity of the raw heavy oil.

    Is heavy oil perfect? Of course not. Is it significantly more expensive or environmentally damaging than conventional oil? No.

    Right now Alberta is looking at producing in excess of 3 million barrels per day of SCO by 2012, and is now sitting on top of the largest proven oil reserves in the world. This looks like the promising replacement for the Middle East as their fields age.

    Is the Middle East going to decline? Of course; however, technology is improving, and Saudi Aramco still has some of the best minds doing R & D on how to continue tertiary recovery on the Super Giants. Along with the work being done in Alberta, we are always finding better methods of recovery, and increasing the proven recoverable reserves. Even Texas, one of the first points of the oil boom, still has fields ticking away, producing at a fraction of their initial production, but well beyond even the most optimistic forecasts 40 years ago.

    Yes, we do need to invest in alternative energy sources, and decrease our reliance on oil (consumption is still set out outpace supply); however, there is no mystical oil tap that is going to be shut off in 5, 10 or 20 years.

  10. Re:Tin foil router on No More Internet Anonymity · · Score: 1


    Ah, you mean a self-compiled Linux box? The joy of Open Source, you can actually see what's going to the ethernet card first hand with the source code, and filter out TPM crap for everything from the Linux box (and anything behind it if it's a firewall/NAT).

  11. Re:Seriously, Does this matter? on U.S. Engineers Undercounted · · Score: 1

    Crap, sorry for the excessive bolding, and lack of paragraphs (hmmm, maybe I should learn to use the preview button.

  12. Re:Seriously, Does this matter? on U.S. Engineers Undercounted · · Score: 1

    In some ways, yes it does matter. There are certain things for which I want to know that the practitioner has a certain base level of qualifications and experience. I don't want a doctor cutting me open because he thinks he can do it. I don't want a lawyer taking cases just because he thinks he's a pretty good arguer. Engineering as well, I want to know that the bridge I'm driving (and the car I'm in) have been designed and checked by people with experience, and the sense to take the extra care required. There are reasons some professions are governed by associations and restrict membership. They do this to protect society and make sure that only properly trained and experienced people undertake tasks which can pose significant risks to others. Unfortunately, one of the easiest ways to qualify people is through training and testing (aas in getting that Medicine/Law/Engineering degree). Not that it is the only way, and in fact the regional engineering association is letting technologists with sufficient experience and demonstrated skill practice Engineering.

  13. Re:oh yeah, like "software engineer" even counts! on U.S. Engineers Undercounted · · Score: 1

    The timing on this comment is actually fairly appropriate, we've just recently had the regional engineering association going after software companies which are not using Enigineering Professionals (aka P.Eng/P.E.) to check the accuracy of engineering programs and calculations.

    At the same time, I never have implicitly trusted any numbers spit out by software (which is normally a black box) without at least sanity checking the numbers (or in more common cases, getting a junior to go back and backcheck the software results). Any engineer that blindly trusts something he can't validate is just begging for a liability lawsuit (I can't be bothered to check references; however, I believe that the use of software which contained unknown flaws has not been suitable defence for due dilligence in tort law cases).

  14. Re:I'm a musician.. on Dissecting Songs Down to Their 'Musical Genome' · · Score: 1


    I ran into the same problem, mostly because it kept hitting on songs that I already own and know, so obviously there's no potential for me to but them. Also, I'm looking to experience new music, not save myself a trip to the CD rack.

  15. Re:keep their monitor in view on When Should You Buy Your Kid A Laptop? · · Score: 1

    Thanks, but I think it'd be more beneficial to substitute the kids in place of the Marketting Department.

    Who knows, the internal status reports might start to make sense, and the external communications and ad campaigns might start to be interesting and relevant.

  16. Core Image/Core Video on New iBook and Apple mini · · Score: 0, Redundant


    Strangely with the update, it doesn't look like either line can take advantage of the Core Image/Core Video functions of Tiger, at least I don't see the video cards listed on Tiger's CI/CV compatibility list.

  17. Re:The fastest growing major? on Gates On Future of CS Education · · Score: 1


    It depends on the degree of work being done by the trainer (assuming we're dealing with sports trainers who assist with injurues/conditioning), most of them are done by people with Kinesology (Phy Ed) degrees, and a bit of specialised training. At least up here (University of Calgary), the Kines program involves a lot of work on anatomy, and sports injuries, which leads quite well into this.

    This way they have someone less expensive than a full doctor, who's specifically trained to deal with common problems, knows the sport, and can still refer them to further help if it is required.

  18. Re:The fastest growing major? on Gates On Future of CS Education · · Score: 1

    The key phrase is "fastest growing", good solid degrees (Sciences, Engineering, Business, etc.) have always had relatively high numbers, they may fluctuate and change focus, but overall the departments continue to exist and produce students. Looking at Phyiscal Education, prior to 5-10 years ago, there were not a lot of specialized degrees in PE (and associated programs, nutrition, etc.). Where they were present, courses were often rolled into other Faculties. People that ended up working as Trainers etc. did not come out with a PE degree (if they even had degrees), and instead relied on experience. Today you're suddenly granting degrees focused on PE in large numbers, and more importantly, industry is requiring those degrees (or at least favouring them). Suddenly, more people are enrolling, and doubling a class of 15 to 30 is a lot faster growth than the Engineering faculty adding another 100 kids to the 400 they used to have. Basically, "fastest growing" == troll, using the wonderful worlds of statistics and language.

  19. Re:Thin Client Redux on Lenovo to Sell Blade Desktops · · Score: 0, Redundant


    Yep,

    Blade desktop == thin client == dumb terminal

    (well, not quite but they may as well)

    Welcome to the 1970's

  20. Re:Thin Client Redux on Lenovo to Sell Blade Desktops · · Score: 1

    Parent is correct, these computers are nothing but remotely stored computers with KVM run over a common wire. Basically, it's most of the disadvantages of thin clients, while still having to manage each computer individually.

    Why not simplify the solution and tie everyone into a few (or quite a few) serious servers running virtual machines? You can easily manage everything, have all documents stored locally, simplified back-up and RAID solutions. Basically thin clients. Oh and as for the argument of think clients being useless when a power outage occurs, what's more likely to go down, a POS beige box, or a properly housed server on UPS, with redundant power supplies?

  21. Re:They should have used... on Mobile Top Level Domain Gets ICANN Nod · · Score: 2, Funny

    Umm, last I checked .gov is still a valid TLD.

  22. Re:keying in long addresses? on Mobile Top Level Domain Gets ICANN Nod · · Score: 1

    Really? I found the entire thought of "de-valuing" web adresses to be weird, they're not property, they are simply a human readable way to surf the web.

    Why should a web address have any real intrinsic value? Why should ICANN worry about maintaining that preceived value (as opposed to making more money for themselves selling additional domain names)?

    As for domain squatting on company's websites on different TLD's, there's always trademarks and registered marks which provide protection.

    Who knows, another 10 domain names might kill internet "property" speculation (then again, who am I kidding), although yes, at some point it gets confusing trying to remember if you wanted slashdot.org, .mobi, .rant, etc.

    I'm still a little surprised to hear Tim Berners-Lee speaking out protecting the "value" of namespace.

  23. Re:not just the v265 on Hacking the Motorola v265 · · Score: 1

    Ok, for all the abuse Canadian cell providers take, my Rogers V551 came wide open, want to load a Java game? Sure, no problem. Pictures, ringtones, whatever you want, everything over bluetooth too. Even looking at the reference set-up for the V551, they left a few minor bells and whistles off the menus, though I'll chalk that up to keeping things to a manageable size, there's definetly nothing missing I'd flash the phone for. The only concern of course is the subsidy lock, they're not content with the legal contract they've got me in, that means they get their pound of flesh every month, they've gotta make sure my phone's pretty much useless while travelling.

  24. Re:Dumb question on Cheap to Audiophile with Simple Hacks · · Score: 1


    Either you haven't been paying attention to most of the "sports" cars cruising around these days, or you live in a much better place than me.

  25. Re:What happened to basic phones? on First Picture of new Motorola iTunes Phone? · · Score: 1


    Even worse are those of us who require just a few of the high end features. I want my phone as a phone, and that's pretty much it, but because I need quad-band service and bluetooth, I was forced into one of Motorola's phones that has a built in camera, video camera, and who knows what else. I've heard that there is an option from Sony-Ericsson that would meet my needs now, but it wasn't out when I upgraded.

    One real problem I now run into is that because my phone has the stupid (and quite honestly useless) camera in it, I can't take my cell phone half the places I go (industrial environments worried about espionage, the gym), try explaining to people that you're unavailable because of un-needed gadgets in your phone.