In MA, state income taxes must be filed with the Husbands SSN first on the taxes. My wife filed them once with her's first. Today, after 18 months and 3 corrective action forms, a dozen phone calls, 2 copies of my tax returns, 2 copies of the refund check they sent us, and a copy of the form they sent us to hit us for taxes on the refund - they sent me a letter saying that they will be happy to settle the unpaid back taxes for $1500.
I used to live in NY. Their unemployment at the time was based on a requirement that you not work for 5 days of a 7 day week. If you worked 3 days, you were not eligible for unemployment. They didn't ask how much money did you make, just did you make any. So getting $20 for shoveling the neighbors driveway was a full days work as far as their system is concerned. So I can certainly see them closing down someone who was making as little as $1 a day.
Fortunately, I now live & work in MA. They don't care how much you work, just how much you got paid. That works well when you're doing day work cheaply, you get to make 1/3 of your unemployment check without loosing any from the check. After that it's 1:1 loss from the check.
The bad part is that if your check goes to $0, they close your claim & make you reopen it - which takes 10-14 days. That doesn't work well when you're temping & working full time every 2-3 weeks. You spend 2-3 hours trying to reopen your claim each time.
He shunted my car through the lights and the imact pushed the radio console out. I turned off the engine
and had to push the console backinto place.
Similar story, I stopped at a red light & someone from the other direction ran it & got T-boned. She ended up on the grill of my wife's '74 Nova. When the tow truck pulled her off the grill, I had to replace the plastic grill, the headlight, and another piece of plastic trim. Her bumper and radiator literally fell off when they pulled her car back.
Based on that, I will say I was a bit surprised at the amount of damage done to the '59. I expected the steel frame to hold the car together a lot better than a bunch of sheet metal.
Shouldn't the question the judge would be asking himself be, wtf are a bank doing sending highly classified and sensitive information unencrypted, over frigging e-mail?
Please, the judge probably doesn't even know that there is such a thing as encrypted Email. It's obvious he's got no clue how everything works because his remedy doesn't remedy anything. If the owner of the email account has downloaded the file, then it's downloaded already - closing the account does nothing except prevent the bank from sending another batch of information to that account.
All of them when Carol has guaranteed Alice the right to have access to her work covered under the copyright in question. Carol has standing as the original copyright holder and can sue for any number of reasons. Alice can only sue to obtain access to the copyrighted works (the sourcecode) because the GPL explicitly states that Bob has to give them to her if he distributes the binaries. In most cases the relief will be access to the code, legal fees, and possibly some punitive damage amount to remind Bob to play nice in the future.
Contrast that with Carol's reward in the same case - in the US that would be an injunction on distributing their code until they released the code openly and statutory damages of obscene amounts, and legal fees.
but lets say that Apple cut off the newest "teen" pop artist, suddenly iTunes just got replaced with whatever digital store sold them (or possibly FrostWire or BitTorrent).
If Apple suddenly dropped them, people aren't going to replace iTunes, their going to replace the musician. People are way to lazy to find another source for their music - especially when there are another 200 manufactured bands out there that sound exactly the same.
Actually, the last report I heard was that patents - outside of the drug industry - are a multi-billion dollar net loss for everyone except lawyers. Yes, that is correct - several billion dollars a year more is paid in patent litigation than is earned through rewards, licensing, and settlements.
Thus patent law will never be reformed properly because it would kill a multi-billion dollar industry populated entirely by lawyers.
I recommend 5 minutes with a soldering iron & replace the PS2 socket with one from a dead motherboard. I have a bin full of them that I've pulled off of dead MB's for exactly that reason - PS2, USB, NIC,serial, parallel, just about anything actually. I find customers tend to break just about anything that plugs into something else. Customers who've broken a vital port are usually very willing to pay me to replace it rather than fork out $$ for the board and my time.
It's not about 'not having enough water.' California is not like the midwest, or Texas, where water is removed from the ground; in California, the reservoirs are replenished every year with water from the mountains, and when that goes onto fields, it actually replenishes the water table.
I suggest you examine you reservoirs before you make that statement. Most of the ones in California are running around 60% full and dropping. As to your second point about replenishing the water table, it doesn't. Most irrigation techniques involve spraying the crops as opposed to root irrigation. Doing so involves approximately 8% evaporation. Following that, farms target irrigation volumes and timing to maximize penetration at the root level and minimize any further penetration. In short, they explicitly try not to replenish the water table.(Nebraska's water management recommendation - they're similar for every farming application with minor variations for indigenous soils & climate.)
The issue right now is that a lot of water from the reservoirs is being dumped into the ocean instead of onto fields in an effort to protect the delta smelt.
[sigh] What exactly will happen to the delta if the smelt die off? The general hint is that nothing lives in a vacuum. The smelt are relatively insensitive to salination changes. However the vast majority of the life in a delta are not. If you overdrain the open water sources - lakes, streams, etc - the delta is going to turn into a salt swamp. I'm absolutely certain that you'll appreciate living in the area then because areas undergoing swampification smell so nice. Oh, don't forget to add in the malaria issue due to the large pockets of standing water.
but either way you're not going to get a dust bowl in Central California.
The people of Owen's Lake would disagree with you.
Nor does it have anything to do with forest fires.
That you would state this indicates you have no understanding of the roles the natural aquifer plays in underbrush management.
In short, just because the water is there and free flowing, it doesn't mean that it's not already serving a purpose.
Environmentalists want to keep the earth as unchanged as possible, even if it means no water for farmers (big problem right now in California)
Just as a point of fact, there is a rather significant water shortage in the entire western third of the US. There is already at least one major body of water in the SW which has been converted from part of the aquifer to a source of alkaline dust which plagues LA. If you think you can tap enough water from anywhere to supply California farmers you don't know anything about water conservation.
There is a difference between being an environmentalist and being an eco-terroist. Attempting to manage a limited resource by balancing both the needs of the human population in the area as well at the environmental needs isn't about being a nutjob, it's about trying to avoid another dustbowl.
I have done environmental impact statements. I have studied water and land management. The one thing I have always found is that if anything I say stands in the way of someone making money, it's wrong and based on crackpot science. If it helps clear a hurdle, it's sacred gospel. The farmers in CA will scream until they get as much water as they want, and then they will scream when the brush and forest fires are even worse.
He's not the innocent child that some are alluding to - he did willfully not give the passwords out in accordance to the security policy in effect at the time he was ordered to do so.
Fixed that for you.
I have to ask you - if the facility manager demanded that you tell him the password while standing in the middle of a conference room full of people you don't know and with a live conference call going on would you have done it? I doubt it. You might have directed him to the envelope in the safe, but more likely you would have pointed to the security policy in effect and told him you can't do that, but if he would like to make a written request through your boss then an arrangement could be made.
Then it wouldn't have come to this - he might have gotten sacked, and/or lost control over what he considered to be his "creation" -- but he wouldn't be rotting in jail....
You're making the mistake of believing this is about the actual security issues or the proper performance of duties. This is about a manager waving his dick around and screaming bloody murder when he's told to put it away. Look at all of the case. When he was told to disclose the passwords, there were about a dozen people in the room and an unknown number of people on the conference call. None of the people in the room had any reason to know the password - and he did not directly report to the manager demanding the password.
Remember, Childs said he would turn the passwords over to the City Manager - who was the only person above him in the network foodchain - before he was arrested, and the city lawyers blocked the manager from talking to him for over a week after he was arrested. He never refused to turn over the passwords, he refused to turn them over to people with no right/reason to have them.
Au contraire, the public is getting a bargain. That copyrighted work will last almost forever, the profit window only a few decades.
Relatively few copyright works last beyond 50 years. Try finding recordings that are more than 50 years old. Now compare that to the number of recordings released. Most publishers frequently purged their archives because it was too expensive to keep the materials that weren't selling.
There is damn little that isn't available legally.
Hmm, off the top of my head:
Concert recordings - most concerts are recorded & the recordings are buried unless the tour company decides to make a tour album. Phish & The Greatful Dead being 2 exceptions since they both have publicly stated they want people to bootleg the concerts.
Music Recordings from the 20s through the 40s - most don't exist because the masters were thrown away when the music stopped being profitable.
Many of the original Dr Who episodes - the BBC destroyed the tapes to make room in the vaults. Many episodes are only caught on bootleg audio recordings from the radio.
Out of print books.
As a point in fact, the Library of Congress has had fights with media companies in the past over trying to transcribe some of their holding to new media.
Entry into the public domain does not guarantee you access to the original - to the master prints or recordings.
No but it guarantees the ability to create a copy before the last original is lost. If I have the last copy of a 1918 club recording, I won't be able to make a preservation copy of it until 2038 - since it's 120 years for corporate copyright.
At the risk of a tangent, the ancient Greeks actually had a specific derogatory word for people who brought frivolous suits for the purpose of extorting settlements or intimidating their targets:
I believe it was Athens that also had a rule that if you brought a case and lost by 2/3, you were prohibited from ever bringing another one. Makes sense --- If you're willing to waste everyone's time once, you'll do it again. I'm sure a similar rule would cut down on the nuisance suits in the courts.
Regarding the lawsuit, I'd say "bring it on". I've been in front of juries before and I'd take my chances with one if I was being sued by some criminal thug.
Hello, this is the same legal system that has given us multi-million dollar verdicts for thieves who were injured in the commission of their crime. Juries are insane. There's no other reason for some of the civil verdicts that have come back - prisoners awarded damages for being denied ice cream with a frequency they want, silo owners having to pay multi million dollar suits because people cut through their fences, break locks, climb silos, break more locks, then fall.
Chevy more or less said "If you want to make parts for that car, fine, but we're through with it and while we wont' stop you, we're not going to help you either."
Actually, the car companies sued to keep after market parts off the market. The courts ruled that as long as the part's not covered under a patent, there's no reason not to allow the parts to be made.
The problem is that copyrights are re-created with every release and they won't expire until all of our children are dead. If M$ wants a product dead, it's dead. There is no way under US copyright to keep it alive.
That's where I think it gets dicey. Right now, Windows can only be "supported" by one entity -- Microsoft. If some flaw or bug is found (heh), it's basically impossible for anyone, no matter how talented, to fix it, because it's completely closed. If that's what you mean by support, then I have to disagree, because although the product may be obsolete, much of the technology is not, and forcing Microsoft (or any other software company for that matter) to open it to any schmuck who wants to write patches and updates isn't really fair.
It doesn't have to be open sourced - however it is currently illegal to create and distribute a kernel patch for Windows. Doing so creates a 'derivative product', which is exactly what Apple is suing Pystar over.
How long do you realistically expect a company, particularly a software company, to continue supporting a product? When is it acceptable for them to say "The product is discontinued and trying to support it is a waste of our time and money"?
The difference is that with your Chevy, people are allowed to make 3rd party parts & you are allowed to modify the car however you want - within state sanctioned parameters. With your software it's illegal for anyone to offer the type of support you're suggesting. If the product is "The product is discontinued and trying to support it is a waste of our time and money" then the law needs to have some provision to allow other people to provide that support rather than allow the original supplier to say - "It's dead & if something happens - your fucked"
The Daily Mail is on a mission to separate all known substances into those that may cause Cancer and those that do.
I respectfully submit that O2 is proven to cause free radicals in the bloodstream. Since free radicals have been linked to several types of cancer, it is clear that O2 causes cancer and should be removed from the presence of every right minded person.
Katrina was Cat 5 while it was in the Gulf. So was Rita. I take it you have a lot of those in the North Atlantic?
Check the oil rigs they put in the North Atlantic & the ones they put in the Gulf. Look at which ones they build to take more punishment. It's not all about the Hurricanes.
For extra credit, determine the size and number of supports it would take to keep this thing standing.
The answer is 1 hollow reinforced concrete base approximately 45' in diameter at sea level.
Remember, it's standing in the Gulf of Mexico so be sure to design for the storms that blow through there from time to time and a long life standing in seawater.
I'm sure if the design works in the North Atlantic, it'll work in the much milder weather of the Gulf.
he is saying that the appropriate sanction for failing to produce the required evidence would be to dismiss the case
Ray:
Correct. I was asked if they should be held in contempt for failing to produce the summary on the date they were ordered to do so. I indicated that were I the Judge, I would not have held them in contempt, but would have dismissed their case.
Ray, correct me if I'm wrong, but I don't think cases are normally dismissed as a result of discovery sanctions for a single missing document. Single document sanctions like this seem to usually be resolved by allowing the opposing side to argue that the missing document contained the best possible spin of the information that should have been in the document. Dismissal or summary judgment for discovery sanctions seems to only be done in the most severe cases - multiple sanctionable acts that so cloud the case as to make it untryable.
In this case, I would expect the next step to be a "Motion to Dismiss" by the defense based on the 'negative commercial value' of the works in question giving sharing a 'fair use' status. Same end result, but no dramatic steps by the judge.
Please, those varnish coated steel records were the best. Just because the varnish peels off after 60 years is no reason not to go with the best tech:)
The problem isn't competitors. The problem is fraud. For example, I work for a company whose product name is quite distinct from that of any of its competitors. We occasionally see ads on Google that are specifically designed to look like they are from us, using our exact name. Click them, and you go to a page showing a logo similar to ours, a layout similar to ours, using slogans and phrasing similar to our (and different from our competitors), that says something like "Looking for OUR_PRODUCT_NAME? Download here!"
And do you sue those companies? You don't have recourse against Google. They aren't abusing your trademark. They clearly mark the ads differently from the actual search results. The company placing the ad is clearly violating your companies trademarks. No publisher in the world vets each of it's advertisers for trademark violation. It's not their job to. If a company is advertising & violating your trademark, you take it up with them. You don't go after the publisher, and you certainly don't run around claiming that every un-authorized use of your trademark is a violation of it.
If I offer language learning software I can certainly legally put in my ad
Like Rosetta Stone, only better, cheaper, and faster
There's absolutely nothing Rosetta Stone can do about my ad - be it in print, radio, tv, or internet. The only way there is any issue at all is if I try to confuse the potential customer about which product they are purchasing. Saying that any use of the trademark in searching is overreaching to a degree not often seen outside of politics.
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In MA, state income taxes must be filed with the Husbands SSN first on the taxes. My wife filed them once with her's first. Today, after 18 months and 3 corrective action forms, a dozen phone calls, 2 copies of my tax returns, 2 copies of the refund check they sent us, and a copy of the form they sent us to hit us for taxes on the refund - they sent me a letter saying that they will be happy to settle the unpaid back taxes for $1500.
I used to live in NY. Their unemployment at the time was based on a requirement that you not work for 5 days of a 7 day week. If you worked 3 days, you were not eligible for unemployment. They didn't ask how much money did you make, just did you make any. So getting $20 for shoveling the neighbors driveway was a full days work as far as their system is concerned. So I can certainly see them closing down someone who was making as little as $1 a day.
Fortunately, I now live & work in MA. They don't care how much you work, just how much you got paid. That works well when you're doing day work cheaply, you get to make 1/3 of your unemployment check without loosing any from the check. After that it's 1:1 loss from the check.
The bad part is that if your check goes to $0, they close your claim & make you reopen it - which takes 10-14 days. That doesn't work well when you're temping & working full time every 2-3 weeks. You spend 2-3 hours trying to reopen your claim each time.
they couldn't be NSFW because with that much porn, there wasn't any actual work going on.
Similar story, I stopped at a red light & someone from the other direction ran it & got T-boned. She ended up on the grill of my wife's '74 Nova. When the tow truck pulled her off the grill, I had to replace the plastic grill, the headlight, and another piece of plastic trim. Her bumper and radiator literally fell off when they pulled her car back.
Based on that, I will say I was a bit surprised at the amount of damage done to the '59. I expected the steel frame to hold the car together a lot better than a bunch of sheet metal.
Please, the judge probably doesn't even know that there is such a thing as encrypted Email. It's obvious he's got no clue how everything works because his remedy doesn't remedy anything. If the owner of the email account has downloaded the file, then it's downloaded already - closing the account does nothing except prevent the bank from sending another batch of information to that account.
All of them when Carol has guaranteed Alice the right to have access to her work covered under the copyright in question. Carol has standing as the original copyright holder and can sue for any number of reasons. Alice can only sue to obtain access to the copyrighted works (the sourcecode) because the GPL explicitly states that Bob has to give them to her if he distributes the binaries. In most cases the relief will be access to the code, legal fees, and possibly some punitive damage amount to remind Bob to play nice in the future.
Contrast that with Carol's reward in the same case - in the US that would be an injunction on distributing their code until they released the code openly and statutory damages of obscene amounts, and legal fees.
If Apple suddenly dropped them, people aren't going to replace iTunes, their going to replace the musician. People are way to lazy to find another source for their music - especially when there are another 200 manufactured bands out there that sound exactly the same.
Actually, the last report I heard was that patents - outside of the drug industry - are a multi-billion dollar net loss for everyone except lawyers. Yes, that is correct - several billion dollars a year more is paid in patent litigation than is earned through rewards, licensing, and settlements.
Thus patent law will never be reformed properly because it would kill a multi-billion dollar industry populated entirely by lawyers.
I recommend 5 minutes with a soldering iron & replace the PS2 socket with one from a dead motherboard. I have a bin full of them that I've pulled off of dead MB's for exactly that reason - PS2, USB, NIC,serial, parallel, just about anything actually. I find customers tend to break just about anything that plugs into something else. Customers who've broken a vital port are usually very willing to pay me to replace it rather than fork out $$ for the board and my time.
I suggest you examine you reservoirs before you make that statement. Most of the ones in California are running around 60% full and dropping. As to your second point about replenishing the water table, it doesn't. Most irrigation techniques involve spraying the crops as opposed to root irrigation. Doing so involves approximately 8% evaporation. Following that, farms target irrigation volumes and timing to maximize penetration at the root level and minimize any further penetration. In short, they explicitly try not to replenish the water table.(Nebraska's water management recommendation - they're similar for every farming application with minor variations for indigenous soils & climate.)
[sigh] What exactly will happen to the delta if the smelt die off? The general hint is that nothing lives in a vacuum. The smelt are relatively insensitive to salination changes. However the vast majority of the life in a delta are not. If you overdrain the open water sources - lakes, streams, etc - the delta is going to turn into a salt swamp. I'm absolutely certain that you'll appreciate living in the area then because areas undergoing swampification smell so nice. Oh, don't forget to add in the malaria issue due to the large pockets of standing water.
The people of Owen's Lake would disagree with you.
That you would state this indicates you have no understanding of the roles the natural aquifer plays in underbrush management.
In short, just because the water is there and free flowing, it doesn't mean that it's not already serving a purpose.
Just as a point of fact, there is a rather significant water shortage in the entire western third of the US. There is already at least one major body of water in the SW which has been converted from part of the aquifer to a source of alkaline dust which plagues LA. If you think you can tap enough water from anywhere to supply California farmers you don't know anything about water conservation.
There is a difference between being an environmentalist and being an eco-terroist. Attempting to manage a limited resource by balancing both the needs of the human population in the area as well at the environmental needs isn't about being a nutjob, it's about trying to avoid another dustbowl.
I have done environmental impact statements. I have studied water and land management. The one thing I have always found is that if anything I say stands in the way of someone making money, it's wrong and based on crackpot science. If it helps clear a hurdle, it's sacred gospel. The farmers in CA will scream until they get as much water as they want, and then they will scream when the brush and forest fires are even worse.
Fixed that for you.
I have to ask you - if the facility manager demanded that you tell him the password while standing in the middle of a conference room full of people you don't know and with a live conference call going on would you have done it? I doubt it. You might have directed him to the envelope in the safe, but more likely you would have pointed to the security policy in effect and told him you can't do that, but if he would like to make a written request through your boss then an arrangement could be made.
You're making the mistake of believing this is about the actual security issues or the proper performance of duties. This is about a manager waving his dick around and screaming bloody murder when he's told to put it away. Look at all of the case. When he was told to disclose the passwords, there were about a dozen people in the room and an unknown number of people on the conference call. None of the people in the room had any reason to know the password - and he did not directly report to the manager demanding the password.
Remember, Childs said he would turn the passwords over to the City Manager - who was the only person above him in the network foodchain - before he was arrested, and the city lawyers blocked the manager from talking to him for over a week after he was arrested. He never refused to turn over the passwords, he refused to turn them over to people with no right/reason to have them.
Those are off the top of my head. I'm sure that other people can come up with other ones.
That would be trial by arms. Good for everything from treason to divorce.
Relatively few copyright works last beyond 50 years. Try finding recordings that are more than 50 years old. Now compare that to the number of recordings released. Most publishers frequently purged their archives because it was too expensive to keep the materials that weren't selling.
Hmm, off the top of my head:
As a point in fact, the Library of Congress has had fights with media companies in the past over trying to transcribe some of their holding to new media.
No but it guarantees the ability to create a copy before the last original is lost. If I have the last copy of a 1918 club recording, I won't be able to make a preservation copy of it until 2038 - since it's 120 years for corporate copyright.
I believe it was Athens that also had a rule that if you brought a case and lost by 2/3, you were prohibited from ever bringing another one. Makes sense --- If you're willing to waste everyone's time once, you'll do it again. I'm sure a similar rule would cut down on the nuisance suits in the courts.
Hello, this is the same legal system that has given us multi-million dollar verdicts for thieves who were injured in the commission of their crime. Juries are insane. There's no other reason for some of the civil verdicts that have come back - prisoners awarded damages for being denied ice cream with a frequency they want, silo owners having to pay multi million dollar suits because people cut through their fences, break locks, climb silos, break more locks, then fall.
Actually, the car companies sued to keep after market parts off the market. The courts ruled that as long as the part's not covered under a patent, there's no reason not to allow the parts to be made.
The problem is that copyrights are re-created with every release and they won't expire until all of our children are dead. If M$ wants a product dead, it's dead. There is no way under US copyright to keep it alive.
It doesn't have to be open sourced - however it is currently illegal to create and distribute a kernel patch for Windows. Doing so creates a 'derivative product', which is exactly what Apple is suing Pystar over.
The difference is that with your Chevy, people are allowed to make 3rd party parts & you are allowed to modify the car however you want - within state sanctioned parameters. With your software it's illegal for anyone to offer the type of support you're suggesting. If the product is "The product is discontinued and trying to support it is a waste of our time and money" then the law needs to have some provision to allow other people to provide that support rather than allow the original supplier to say - "It's dead & if something happens - your fucked"
I respectfully submit that O2 is proven to cause free radicals in the bloodstream. Since free radicals have been linked to several types of cancer, it is clear that O2 causes cancer and should be removed from the presence of every right minded person.
Check the oil rigs they put in the North Atlantic & the ones they put in the Gulf. Look at which ones they build to take more punishment. It's not all about the Hurricanes.
The answer is 1 hollow reinforced concrete base approximately 45' in diameter at sea level.
I'm sure if the design works in the North Atlantic, it'll work in the much milder weather of the Gulf.
Ray:
Ray, correct me if I'm wrong, but I don't think cases are normally dismissed as a result of discovery sanctions for a single missing document. Single document sanctions like this seem to usually be resolved by allowing the opposing side to argue that the missing document contained the best possible spin of the information that should have been in the document. Dismissal or summary judgment for discovery sanctions seems to only be done in the most severe cases - multiple sanctionable acts that so cloud the case as to make it untryable.
In this case, I would expect the next step to be a "Motion to Dismiss" by the defense based on the 'negative commercial value' of the works in question giving sharing a 'fair use' status. Same end result, but no dramatic steps by the judge.
Please, those varnish coated steel records were the best. Just because the varnish peels off after 60 years is no reason not to go with the best tech :)
And do you sue those companies? You don't have recourse against Google. They aren't abusing your trademark. They clearly mark the ads differently from the actual search results. The company placing the ad is clearly violating your companies trademarks. No publisher in the world vets each of it's advertisers for trademark violation. It's not their job to. If a company is advertising & violating your trademark, you take it up with them. You don't go after the publisher, and you certainly don't run around claiming that every un-authorized use of your trademark is a violation of it.
If I offer language learning software I can certainly legally put in my ad
There's absolutely nothing Rosetta Stone can do about my ad - be it in print, radio, tv, or internet. The only way there is any issue at all is if I try to confuse the potential customer about which product they are purchasing. Saying that any use of the trademark in searching is overreaching to a degree not often seen outside of politics.