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User: Maxmin

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  1. Uh-oh on Cybersquatter Faces Jail Time For Wire Fraud · · Score: 0

    According to the FBI, David Scali is charged with registering an e-mail account under an alias and then sending e-mails in which he claimed to be the intellectual property lawyer.

    We are all just one e-mail account away from a visit by the fraud squad.

  2. Re:I smell something... on Man Arrested for Refusing to Show Drivers License · · Score: 1

    Yes, indeed.

  3. Re:I smell something... on Man Arrested for Refusing to Show Drivers License · · Score: 5, Informative

    Most states and municipalities have passed laws granting shopkeepers limited privilege to search and detain customers, when they reasonably believe a theft has occurred. List of laws by state. Some laws provide the shopkeeper limited immunity from torts arising from detainment.

    The criteria which triggers shopkeeper privilege varies, but generally is centered on whether the store's employees witnessed a theft or other suspicious activity that indicates a theft has taken place (e.g. opening packaged goods, placing goods upon one's self, etc.)

    The shopkeeper has a certain amount of leeway. In Ohio, the statute is:

    2935.041 Detention, arrest of shoplifters; protection of library, museum and archival institution property, specifically:

    (A) A merchant, or his employee or agent, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (C) of this section, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.

    (F) Any peace officer may arrest without a warrant any person that he has probable cause to believe has committed any act described in division (B)(1) or (2) of this section or that he has probable cause to believe has committed an unlawful taking in a mercantile establishment. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.

    As to the officer arresting the dude who wouldn't show his license, that's gonna be up to the jury to decide. Watch for the local prosecutor to drop the charges, as a public conciliatory gesture, sign that the police department is hedging against future lawsuit.

    To the folks who say "forgive and forget," that the arrestee wasn't harmed or should drop the case - remember that, in most cases, today, the public entity you've just been arrested by is a municipal corporation, and carries many of the protections of a business corporation. Cities generally act as corporations do - to deny wrongdoing, and to put up a lawyer front. That leaves only one way to combat wrongful arrest: sue. The city won't apologize, that's tantamount to admission of wrongdoing. It is up to the arrestee to assert that wrong was done, and prove it in court.

    That's how "The System" works. It's become a paper-based RPG - your lawyer versus their lawyer, knight vs. knight.

  4. Re:Open and Shut Case of Police Harrasment on Man Arrested for Refusing to Show Drivers License · · Score: 2, Informative

    Depends upon the local and state laws. In general, many municipalities, and some states, have passed laws which grant shopkeepers certain rights to detain and search customers, when they reasonably suspect that a theft has taken place.

    You, the detained customer, do not have to cooperate with the search or detainment; however, the shopkeeper may request police assistance. The circumstances will vary from case to case, so it is generally up to a jury to decide whether a shopkeeper has been reasonable in their search and/or detention of a suspected shoplifter.

    In Van Zante and Jacobson (appellants) vs. Wal-Mart Stores Inc, City of Coralville, Iowa, et alia, the appeals court reversed the lower court's decision to throw out the plaintiffs' false imprisonment case, granting clearance for a jury trial.

    In Bathe and Hedge vs. Wal-Mart Stores Inc, the court found that Wal-Mart had acted reasonably in detaining and searching the plaintiffs.

  5. Re:Are People Really Libetarians? on Why Are So Many Nerds Libertarians? · · Score: 1

    Men will never be free until the last king is strangled with the entrails of the last priest.

    -Denis Diderot

  6. Re:No right to protection from stupidity on LiveJournal Says Users are Responsible for Content of Links · · Score: 1

    To speak of 'rights' on their web site is sort of speaking about rights at K-Mart. You don't have any.

    Bzzzt! Wrong answer. You have the rights that the law entitles you to. K-Mart simply doesn't have to abide by the legal restrictions placed on governmental bodies, if it is not also legally mandated to respect them.

    Back to LiveJournal. Your right to either post, or link to, content would be covered in the contract you assented to when you signed up with them. If they changed the terms of the contract, and didn't get your assent ... that may be actionable. IANAL.

    Recently, a click-through contract that was changed post-assent was struck down, because the user was not presented with the change proposal, nor given the opportunity to assent to it. In contract law, that's a no-brainer. May be the same with LiveJournal.

  7. Re:Management should be like lubrication in an eng on Transitioning From Developer To Management? · · Score: 1

    No, in a two-stroke engine, the oil and the fuel are one. They're mixed together, swirl around the crankcase together, and are combusted together.

    If you took the "oil" out, the engine wouldn't run at all.

  8. Re:Management should be like lubrication in an eng on Transitioning From Developer To Management? · · Score: 0, Redundant

    The oil in an engine does not do anything that actively makes power

    Not true! If it's a two-stroke. Four-stroke and totally bone-dry, contains no lubricants at all? I'd have to put money on how many revolutions you'd get before it just froze. Couple thousand?

    IOW: not buying the engine analogy.

  9. Re:Shame... on Highway Safety Agency Silences Engineers · · Score: 1

    After watching much of the executive branch of the Bush administration label "secret" information that should only be in the public domain, taking down most of FOIA, and making secret the daily decisions made by the top leaders -- a move like the one make by NHTSA should be viewed with a certain amount of suspicion.

    And, my gods, "the government doesn't work for you?" A given department may not be doing anything for me at a given moment, but I sure do pay for it. And as it's part of my democratic government, they had better make the expertise and information they produce at my expense available to me. And that's what this is about. 'Nuff said.

  10. Re:Shame... on Highway Safety Agency Silences Engineers · · Score: 1

    the position of the people running things

    But this is our government. Not a private enterprise. They work for us. Remember? Government of, for and by The People.

    Secrecy about our highways (particularly in light of the recent bridge collapse) - this is just one more effort toward softening up The People. Once you're used to the government *not telling* you *honestly* what's going on, what's left of The People's will?

  11. Re:I'm glad I don't have to make these calls on NASA Decides No Fix Needed for Endeavor's Tiles · · Score: 1

    It is unlikely that a rescue would have been possible. It would've required extreme fast-tracking of one of the other shuttles

    SCENE 1-A. Setting: RUSSIAN GARAGE OFFICE.

    SOUND FX: Telephone RINGING, then PHONE HANDSET CLATTERING while being PICKED UP.

    GRUFF RUSSIAN VOICE: (into phone) Privyet!

    VOICE-OVER, HOT-SOUNDING RUSSIAN FEMALE: Shh, eet's America calling!

    GRUFF RUSSIAN VOICE: Zis ees Russki space tahksi sorvice.

    SOUND FX: Incomprehensible BUZZING that is MALE VOICE on other end of line, a nasaly American counterpoint to GRUFF RUSSIAN VOICE.

    GRUFF RUSSIAN VOICE: Do we go ISS? Da.

    SOUND FX: Northeastern-accented American MALE VOICE BUZZING

    GRUFF RUSSIAN VOICE: Heavy lift? You want Soyuz. For Soyuz need one week notice and deposit.

    SOUND FX: BUZZING with tones of general agreement

    GRUFF RUSSIAN VOICE: Okee, 10% to start, will be ready Tuesday - spaseebah. Uvidimsia!"

    VOICE-OVER, HOT-SOUNDING RUSSIAN FEMALE: Need sputnik trooked eento orrbeet? Want toor of inner asteroid belt? Stranded in space? Energia!

  12. I'd mod the parent up if i had points... on The Future of C++ As Seen By Its Creator · · Score: 0, Offtopic

    funny.

  13. Re:Don't blame Personhood. on The $200 Billion Broadband Rip-Off · · Score: 2, Informative

    arrest and convict Kevin Delay (Enron)

    You mean Kenneth Lay? Kenny Boy was convicted because he *personally* broke the law. Corporate personhood won't shield anyone from taking responsibility for their criminal actions. It provides for establishing a financial collective that has some rights and responsibilities of a human person.

  14. Re:A little oversimplified... on Oklahoma Security Expert Attacks RIAA Claims · · Score: 1

    Not to be pick either, but "example" is a noun.

    Sorry, couldn't resist. Ah agree wit yore intents, however.

  15. Re:uh... on EU Google Competitor Project Gets Aid Worth $166 Million · · Score: 5, Funny

    There isn't much to the internet without http. The only other protocol that comes even close

    I know! Those other silly protocols, like SMTP, IMAP4, MIME, POP3, DNS, NTP, FTP, SIP, SNMP, SSH, telnet, RPC, RTSP, TLS/SSL, SOAP, ... nobody uses 'em much.

  16. T-Mobile on Where In the US Can You Get Just a Cell Phone? · · Score: 1

    T-Mobile franchise stores in NYC sell unlocked phones (used unlocked phones, I have one, $40), and also the sim cards to make 'em work. Don't know about the rest of the planet.

  17. Re:*sigh* Corproations have too much power on Exxon's Brute Squad Hacks the Yes Men · · Score: 1

    ADA and Affermitive action are bad enough for many businesses as it is and have put many out of business.

    Can you name any?

  18. Re:Really? on Robots To Replace Migrant Fruit Pickers · · Score: 1

    if you DON'T consider they make up the majority of the prison population in southern California

    Last year it was hovering around 11%, hardly "the majority." It's nearer 25% for the national federal prisons population.

  19. Wow, I call B.S. on Microsoft To Change Desktop Search After Google Complaint · · Score: 1

    By resurrecting the old "forcing Coke to distribute Pepsi" canard, you've shown us just how deeply you buy into MSFT's P.R.

    The real analogy here is, if Coke owned the refrigerators at 89% of all stores, and added locks to the fridge so that only they could add new product.

    Microsoft "owns" the fridges, and because they're an O/S monopoly, they can't block competitors from adding similar features to the O/S. Period.

  20. Re:dem Jap's is kuh-RAZY! on All Blood Converted to Type O? · · Score: 1

    >> I wonder what blood type Chuck Norris has?
    >
    >
    > Diesel.

    Nope, pure neutronium.

  21. Re:three billion? on Dept. of Energy Rejects Corn Fuel Future · · Score: 4, Insightful

    Even more surprising than the absurd 3-billion-deaths number, is how people are more than happy to harp on it, than to focus on the fact that many people do indeed die of starvation.

  22. Re:It was supposed to be a C3 O/S !!!! on Vista Security The 'Longest Suicide Note in History'? · · Score: 1

    Sounds like you don't know why your Linux system crashed. Symptoms like "logs had stopped filling a week before" speak loudly of a full filesystem. Did your server run out of disk space and you didn't notice? Are you running monitoring utilities that notify you when such events occur, so that you don't find out a *week* later? Sheesh, stop blaming Linux, and look at what you bring to the table.

  23. Re:Environmental Disasters on A $200-Million Floating Nuclear Plant? · · Score: 1

    It's not as if there haven't been quite a lot of nuclear disasters for oh, I don't know, the last 50 years. As a result of accidents, both the American and Russian navies have left ship-based nuclear reactor cores AND nuclear bombs at the bottom of the ocean, all of which will take millions of years to half-life out, some of which are still emitting enough to be detectable near the surface, one of which was recently documented to be producing mutated life forms.

    The list of military nuclear accidents is long and a bit frightening, not to mention these related lists of nuclear accidents.

    Nuclear power is a boffo idea, on paper, and is not without the well-known risks. Nuclear proponents would be hypocritical to state otherwise.

  24. Re:Forgive me for my lack of knowledge on GeV Acceleration In 3 Centimeters · · Score: 1

    Eh, sorry myself, the late hour influenced my cranky response. Photons == particles of light, which always and only travel at the speed of light. Electrons, on the other hand, can have velocity across a wide range of speeds, up to but not including the speed of light (through a vacuum.) So, the velocity of a photon can't be changed; however, they can be affected by an accelerating force, namely gravity. What photons in a gravitational field do with the energy effected upon them is, their energy and frequency increase. An interesting example of this effect is, in the GPS satellite system, the radio signals (also photons, just not visible light), are affected by the earth's gravity, changing their frequency. This was predicted by Einstein, and was factored into the design of the GPS system.

  25. Re:Forgive me for my lack of knowledge on GeV Acceleration In 3 Centimeters · · Score: 1, Informative

    RTFM: they're accelerating electrons, not photons, so mirrors won't work here.