Even if they are not, I imagine that the power of choosing the arbitrator (and the money that goes with it) will be a powerful incentive for the 3rd party to keep them happy with pro-paypal rulings...
Have you seen what they are already doing to their customer base? Ever seen their dispute resolution? It is a black box.... one day your money just disappears and you get an email saying 'we have determined you have violated XYZ, you have no recourse'. I sometimes wonder if they give out bonuses based off how much cash their case workers confiscate.
Small claims courts near the victim rarely have jurisdiction, esp when dealing with national or transnational companies. Often you have to take time off and travel to a jurisdiction of their choosing and file there, which can quickly cost more then $100.
I agree that the lawyers often take advantage of claimants, but this is due to the victims not really understanding the effect of the suit.
Class action lawsuits are not really designed to compensate the victim in the first place, they just punish the perpetrator. They act as an almost private DoJ.. many of our laws are written in such a way that the police/DoJ/regulators have no authority to actually go after illegal acts, with the only redress being a lawsuit.... I suspect it was supposed to be part of the American 'fate in your own hands' mentality, but really it is a copout of the justice system since really they should be the ones enforcing the laws, not groups of citizens and a team of very hopeful lawyers.
They do however at least provide SOME counterbalance. Individual victims rarely have the resources to take on companies with dedicated legal teams. Many companies are trying to slip this kind of language into their agreements because unlike individual suits or the DoJ, class action lawsuits actually represent potential legal and economic consequences for poor behavior. With that tool taken away, their incentive to behave is significantly decreased.. esp in cases like paypal which have the weight to be a near monopoly in their domain.... and given the sketchy things paypal has been caught doing (such as simply keeping merchant's money for reasons they are not required to explain) I can see why they would want to shut this avenue down. Now all that will be left is criminal fraud or other violations.. which given how agreeable they have been at cutting money off from people the DoJ does not like but doesn't have a legal case against.. well.. I doubt they are going to be charged any time soon.
Crap, it ate my first comment.... ok, trying again.
I am curious, if anyone knows, how common of a stipulation is this in the UK? This is the first I have heard about such a thing. If it is not common (which I suspect) I wonder what made this particular case worthy of it... did the judge hate Apple? Did Samsung have someone with political clout in their pocket?
While it was high profile and fed into the technie anti-Apple attitude, this really was not an outrageous case by a long shot. If nothing else it was a trial between equals, two companies that had the experience and resources to go through with it.. neither is really all that deserving of a special apology or shaming. Where are the court mandated apologies from transnationals that use their armies of lawyers to crush smaller opponents by bankrupting them with legal costs? Where are the court mandated apologies from patent trolls that prey on companies too small to even have a legal team and have to 'settle' to be left alone? Where are the apologies from companies that use local political leverage to twist the laws around their business and make the environment inhospitable to competition? Seems there is a long list of apologies that should happen before this joke.
Oh quite true, it not an exclusive trait nor is it universal among the group.. but I have noted a general impact on people's ability to cope outside their domain when theire educational background skips over anything that doesn't immediatly relate to their preferred career.
The thing is, they are intended to be generalized education, to give students a little bit of everything. Skills specific to career choice can be picked up later at places designed for that, but in general people benifit from a nice broad base to build the more domain specific skills off of.
Over the years I have worked with people who went through specialized high schools, ones that narrowly focused on STEM or art or other areas that prepared them more directly for their preferred careers. I have hated working with them, they can't adjust, they can't get out of their box, they have little empathy or respect for people outside their domain... every time I work with one I hold them up as an example of why over specializing in early education is destructive, even if it gives you 'better workers'.
Now, there is an argument to be made if a particular requirement is eating a disproportionate amount of time.. for instance if it was a contenst between 'chemistry' and a combination of 'public speaking, music, political science, creative science, web development', that would be a good example of a chemistry class being a poor oppurtunity cost decision. But the reality is usually that high schools try to give you a little bit of everything.. thus trying to optimize only for highest benifit coursework goes against the purpose of the broad cirriculum.
Stricter programming tends to fall by the wayside as soon as development encounters things that the requirements make more difficult to prevent completely since, even if underwriters are putting pressure on, there is usually a more dirrect pressure to get something hacked together and out the door. If you have the luxary of time and funding you can build something using strict methodology.. but in corperate development that is rarely the case... esp when stricter development only covers a narrow class of exploits like PaX does.. leading to debugging that isn't all that much easier (unless the error falls into that specific range) and doesn't lead to that much better security (unless, again, the exploit is in that range). While still good practices, the cost is often seen as outweighing the benifit, and a false sense of security is part of that cost.
With the irony being that much of anonymous cut its teeth on just this kind of tormenting... they might jump on a nice public event like the youtube video to call them to action, but it is just slightly more socially acceptable outlet for their trolly sadism. They will be right back to bullying teenage girls themselves tomorrow, or anyone else they think they can get a laugh out of.
And that is the crux of the problem... while OSes have a wealth of security problems, generally when you drill down into break ins, one often finds that the hole was human (or institutional) in nature. Outside unintended consequences, making something secure and making something functional are mutually exclusive (or at least often conflicting) goals that humans will often just turn off security when it gets in the way of doing tasks they need done.
Yeah.. secure systems tend to be ineffient to use or more work to maintain, so often people just switch off a lot of the security, esp when they are being used/maintained by people who just want to use them in order to complete other tasks.
Well, if the drive was made by Intel, it fails because you turned off the computer or let it go to sleep.... of course newer ones do not do this, just like the old newer ones didn't do it either...
It varries.. not only with quality of university but with time. There is a constant back and forth with schools trying to teach fundementals vs 'industry ready' coursework depending on what the people in charge feel that the market, at any given time, wants.
One of the strneghts, and weaknesses, of the OSS community is trying bunches of things in parrell to see which ones pan out well. But after a point, it is probably better to just like a project die. Granted no one can tell the individual developers what is 'worth' their time since that is a personal matter, I am sure other projects could use their talents more then this one. ReiserFS is a solution looking for a problem where better solutions surpass it.
That is how priviliage works.... you can see it all through our culture... failure for the lessers to know their place is equivelent to oppression for many. Freedom to do as you please, freedom from consequences....
Well, the current native americans took the continent from the previous wave, and many argue that america is being taken over by 'immigrants' as a current wave... so kinda seems to be a cycle everywhere ^_^
The law? I would love to see a contract that stated 'if we fail to hand over minearl rights secured via our previous government the signie has the right to have their buddies overthrow our government and place on in that is more ecnomicly advantagious'.
Ahm... the US ignores treaties all the time.. does that mean our government should be overthrown by everyone we piss off?
Genearlly countries retaliate through long term diplomacy.. not throwing a country into chaos and eraticating their democraticly elected government in favor of an easier to deal with repressive one.... well, unless one is a nuclear capable nation and the other is not since the US has done this OVER AND EXPLETIVE OVER.
One might note that Iran would be less interested in nukes if it wasn't so clear that it is one of the few ways to stop stuff like this.
Yes, I would argue that technological platform standards are bad things since then always are created by groups with some particular use case as 'the one that matters' and then every other one gets shoehorned in.
If you want a car analogy, notice there are more cars around then sadans, or even 4 wheeled passenger cars.
We are going to be going through it for a very long time. There is no shortage of young developers who believe that even though all those other attempts failed, the new and sexy solution they read about will be the one that finally does it. It represents the pinnacle of 'my way won', and that is just too seductive to many.
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Even if they are not, I imagine that the power of choosing the arbitrator (and the money that goes with it) will be a powerful incentive for the 3rd party to keep them happy with pro-paypal rulings...
Have you seen what they are already doing to their customer base? Ever seen their dispute resolution? It is a black box.... one day your money just disappears and you get an email saying 'we have determined you have violated XYZ, you have no recourse'. I sometimes wonder if they give out bonuses based off how much cash their case workers confiscate.
Small claims courts near the victim rarely have jurisdiction, esp when dealing with national or transnational companies. Often you have to take time off and travel to a jurisdiction of their choosing and file there, which can quickly cost more then $100.
Well, yes and no.
I agree that the lawyers often take advantage of claimants, but this is due to the victims not really understanding the effect of the suit.
Class action lawsuits are not really designed to compensate the victim in the first place, they just punish the perpetrator. They act as an almost private DoJ.. many of our laws are written in such a way that the police/DoJ/regulators have no authority to actually go after illegal acts, with the only redress being a lawsuit.... I suspect it was supposed to be part of the American 'fate in your own hands' mentality, but really it is a copout of the justice system since really they should be the ones enforcing the laws, not groups of citizens and a team of very hopeful lawyers.
They do however at least provide SOME counterbalance. Individual victims rarely have the resources to take on companies with dedicated legal teams. Many companies are trying to slip this kind of language into their agreements because unlike individual suits or the DoJ, class action lawsuits actually represent potential legal and economic consequences for poor behavior. With that tool taken away, their incentive to behave is significantly decreased.. esp in cases like paypal which have the weight to be a near monopoly in their domain.... and given the sketchy things paypal has been caught doing (such as simply keeping merchant's money for reasons they are not required to explain) I can see why they would want to shut this avenue down. Now all that will be left is criminal fraud or other violations.. which given how agreeable they have been at cutting money off from people the DoJ does not like but doesn't have a legal case against.. well.. I doubt they are going to be charged any time soon.
Maybe they should just go play EvE instead?
Might not be perfect, but still a hell of a lot more stable then the gold standard was....
Actually, this effect is one of the reasons we got off the gold standard.
Crap, it ate my first comment.... ok, trying again.
I am curious, if anyone knows, how common of a stipulation is this in the UK? This is the first I have heard about such a thing. If it is not common (which I suspect) I wonder what made this particular case worthy of it... did the judge hate Apple? Did Samsung have someone with political clout in their pocket?
While it was high profile and fed into the technie anti-Apple attitude, this really was not an outrageous case by a long shot. If nothing else it was a trial between equals, two companies that had the experience and resources to go through with it.. neither is really all that deserving of a special apology or shaming. Where are the court mandated apologies from transnationals that use their armies of lawyers to crush smaller opponents by bankrupting them with legal costs? Where are the court mandated apologies from patent trolls that prey on companies too small to even have a legal team and have to 'settle' to be left alone? Where are the apologies from companies that use local political leverage to twist the laws around their business and make the environment inhospitable to competition? Seems there is a long list of apologies that should happen before this joke.
Oh quite true, it not an exclusive trait nor is it universal among the group.. but I have noted a general impact on people's ability to cope outside their domain when theire educational background skips over anything that doesn't immediatly relate to their preferred career.
The thing is, they are intended to be generalized education, to give students a little bit of everything. Skills specific to career choice can be picked up later at places designed for that, but in general people benifit from a nice broad base to build the more domain specific skills off of.
Over the years I have worked with people who went through specialized high schools, ones that narrowly focused on STEM or art or other areas that prepared them more directly for their preferred careers. I have hated working with them, they can't adjust, they can't get out of their box, they have little empathy or respect for people outside their domain... every time I work with one I hold them up as an example of why over specializing in early education is destructive, even if it gives you 'better workers'.
Sounds about right.
Now, there is an argument to be made if a particular requirement is eating a disproportionate amount of time.. for instance if it was a contenst between 'chemistry' and a combination of 'public speaking, music, political science, creative science, web development', that would be a good example of a chemistry class being a poor oppurtunity cost decision. But the reality is usually that high schools try to give you a little bit of everything.. thus trying to optimize only for highest benifit coursework goes against the purpose of the broad cirriculum.
Stricter programming tends to fall by the wayside as soon as development encounters things that the requirements make more difficult to prevent completely since, even if underwriters are putting pressure on, there is usually a more dirrect pressure to get something hacked together and out the door. If you have the luxary of time and funding you can build something using strict methodology.. but in corperate development that is rarely the case... esp when stricter development only covers a narrow class of exploits like PaX does.. leading to debugging that isn't all that much easier (unless the error falls into that specific range) and doesn't lead to that much better security (unless, again, the exploit is in that range). While still good practices, the cost is often seen as outweighing the benifit, and a false sense of security is part of that cost.
With the irony being that much of anonymous cut its teeth on just this kind of tormenting... they might jump on a nice public event like the youtube video to call them to action, but it is just slightly more socially acceptable outlet for their trolly sadism. They will be right back to bullying teenage girls themselves tomorrow, or anyone else they think they can get a laugh out of.
And that is the crux of the problem... while OSes have a wealth of security problems, generally when you drill down into break ins, one often finds that the hole was human (or institutional) in nature. Outside unintended consequences, making something secure and making something functional are mutually exclusive (or at least often conflicting) goals that humans will often just turn off security when it gets in the way of doing tasks they need done.
Yeah.. secure systems tend to be ineffient to use or more work to maintain, so often people just switch off a lot of the security, esp when they are being used/maintained by people who just want to use them in order to complete other tasks.
Well, if the drive was made by Intel, it fails because you turned off the computer or let it go to sleep.... of course newer ones do not do this, just like the old newer ones didn't do it either...
It varries.. not only with quality of university but with time. There is a constant back and forth with schools trying to teach fundementals vs 'industry ready' coursework depending on what the people in charge feel that the market, at any given time, wants.
One of the strneghts, and weaknesses, of the OSS community is trying bunches of things in parrell to see which ones pan out well. But after a point, it is probably better to just like a project die. Granted no one can tell the individual developers what is 'worth' their time since that is a personal matter, I am sure other projects could use their talents more then this one. ReiserFS is a solution looking for a problem where better solutions surpass it.
That is how priviliage works.... you can see it all through our culture... failure for the lessers to know their place is equivelent to oppression for many. Freedom to do as you please, freedom from consequences....
Well, the current native americans took the continent from the previous wave, and many argue that america is being taken over by 'immigrants' as a current wave... so kinda seems to be a cycle everywhere ^_^
The law? I would love to see a contract that stated 'if we fail to hand over minearl rights secured via our previous government the signie has the right to have their buddies overthrow our government and place on in that is more ecnomicly advantagious'.
Ahm... the US ignores treaties all the time.. does that mean our government should be overthrown by everyone we piss off?
Genearlly countries retaliate through long term diplomacy.. not throwing a country into chaos and eraticating their democraticly elected government in favor of an easier to deal with repressive one.... well, unless one is a nuclear capable nation and the other is not since the US has done this OVER AND EXPLETIVE OVER.
One might note that Iran would be less interested in nukes if it wasn't so clear that it is one of the few ways to stop stuff like this.
Yes, I would argue that technological platform standards are bad things since then always are created by groups with some particular use case as 'the one that matters' and then every other one gets shoehorned in.
If you want a car analogy, notice there are more cars around then sadans, or even 4 wheeled passenger cars.
We are going to be going through it for a very long time. There is no shortage of young developers who believe that even though all those other attempts failed, the new and sexy solution they read about will be the one that finally does it. It represents the pinnacle of 'my way won', and that is just too seductive to many.
You know, I have often said that emacs makes a reasonably good OS and all it needs is a good text editor ^_^