"Trolls aside, Search King is claiming that Google used their dominant market position (in web searches) to shut down a competitor (Search King) in a different market (advertising)."
I think you are saying that the thrust of their claim is antitrust. I think this is correct (NOT their claim itself; merely the divination of what their claim is) and they are attempting to argue that Google is an "essential facility." They can't claim breach of contract since they don't have one (although I'm sure Google is going to argue, if it comes to that, that SearchKing is in breach of the toolbar TOS). They do not appear to be claiming tortious interference. Their argument appears to boil down to "something happened at Google that changed our Page Rank and that's unfair so make them stop." This is sort of an "essential facility" argument. But to have even a small chance of prevailing it must first be established that Google is a monopoly. I think this is going to get tossed on a 12(b)(6) motion.
"Well, being an accessory to fraud (aiding and abettting) is itself a crime."
Homicide is also a crime. So what. Fraud requires intent. Show that eBay is intending to aid and abet the commission of fraud and you will have a point.
Al Gore never claimed to have invented the Internet. He said "During my service in the United States Congress I took the initiative in creating the Internet." And more than any other national office holder he promoted the devlopment of what we now call the Internet beyond the borders of Computer Science departments.
Basically, my beef is that he didn't misspeak. He was deliberately misquoted.
Re:Really.. shall we start from the top?
on
Hacker Culture
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· Score: 2, Funny
Actually, I believe the preferred terms are GNU/Hacker and GNU/Cracker.
"man, if I had cable, I'd LOVE to give you a divx of it. hell, I'd even mail you a copy of the cd. Why?
Because it's frickin fair use!
If you can't watch a show, it is within your FAIR USE to have someone to record it at a later time.
My parents would always do that for me when I'd miss saturday moring cartoons to go to my sanchin ryu classes. that was fair use... that's the DEFINITION of fair use.
Fair use isn't defined. It is a doctrine that exempts certain uses from copyright infringement. Having somebody make a recording of a broadcast and send it to Japan may or may not be fair use. You could look it up.
OTOH, the original request post being "+5 Flamebait" just kills me. I say send that sucker.
"The cost of bookshelves will go up because people can't (or won't) RTFM."
Or maybe they'll get cheaper. Imagine that adding the electronics raises the cost of the product 1%. But perhaps it dramatically lowers returns and/or customer support issues and the company saves 10% overall. Excellent ROI which the invisible hand will nibble away leaving us all with cheaper, if talkative, crappy furinture.
I and almost everyone I knew as a kid had Beta machines. Why? I grew up in Madison, Wisconsin which was home to American TV (a giant consumer electronics / ugly furniture store). American did "Buy X get Y free" promotions. (Sidenote: For years American's buy X get a bike free promotion made it the largest single outlet for bicycles in the US even though they didn't sell them directly. If you've ever seen an ugly-as-sin, piece-o'-crap "Firenze" 12 speed, it almost certainly traces its lineage back to American.) For a while they did "Buy X get a VCR free." Naturally, these were Beta machines. Beta rentals were available long after they disappeared everywhere else. At the peak of this distribution, one of the trades published a map of the US showing VCR usage by type. The whole country was blue (indicating VHS usage) except for some lonely circles of red in Wisconsin each centered on an American TV store.
But secondly and more importantly, this is not legal. This is a pure violation of several aspects of the bill of rights and the Constitution at large. This violates due process, this violates a persons right to be free from warantless searches (their identity and "person" will be searched everytime a crime is comitted without a clear suspect!), and this violates the much ignored 14th amendment which pleges "equal protection under the law".
I think you're wrong. What "process" are the individuals described in the story due? The 5th Amendment guarantees that a person won't be "deprived of life, liberty, or property, without due process of law" These people are being treated rudely and immorally but there is no (apparent) due process issue.
The right to be secure in one's person and home against warrantless searches (that's Amendment 4 for those of you keeping score at home) has been steadilly eroded. But even before that you had no general right not to have your picture taken in public.
The equal protection clause requires equal treatment under the laws, not petty police harassments. And if the courts didn't find the systematic disenfranchisement of minority voters in Florida to be an equal protection issue, this won't even make the radar screen.
I imagine now that this is public knowledge on a wider scale that it will be struck down.
Very uinlikely. They may stop doing it but it will not be "struck down" by a court. It's easilly within current constitutional confines.
"Linking Free Software with a subculture that funds terrorists should not be tolerated."
Rrrriiiiigghhhtt. If it we're legalized, it wouldn't "fund terrorists." And since in the US much (most? figures anyone?) marijuana is domestically cultivated, it probably isn't funding terrorists to any great extent. (Those of you with an interest in opiates and a desire to patriotically only use domestic sources should puruse Opium for the Masses: A Practical Guide to Growing Poppies and Making Opium.) And if we're even going to discuss the ludicrous topic of free software and terrorism, shouldn't we start with PGP?
"Marijuana causes loss of memory, exacerbates epileptic symptoms, and causes violent and irrational behaviour in people who use it habitually."
I don't suppose you have a citation from something within throwing distance of a peer reviewed journal for any of this? There *are* some results showing a problem with memory loss. But there are other papers claiming that the memory loss in the first test (I assume you're referencing the New Zealand test.) was because the people had gotten old since 24 years had passed. In any event, alcohol is, of course, the great recreational drug with this problem. Similarly with violence. I'm not sure how to test for irrationality (as opposed to paranoia) so I'll let that slide. There's plenty of evidence for violence surrounding the marijuana *trade* but that, ta da, is because it's illegal so criminals engage in it. And epliepsy is weird. There seems to be a great many people who use it to help seizures and others who say it exacerbates them. Surely it's terrible for your lungs but you didn't list that.
"My friends cousin was killed in college in a car accident by a driver who had smoked marijuana."
Sorry about your friend's cousin. Any chance the driver of that vehicle had had a few beers to go with their weed? In any event, yours is an argument against driving while impaired. It is not an argument (at least not a good one) against legalizing marijuana.
And your sig:
"Tyranny =Gov. choosing how much power to give the People.
"Freedom =People choosing how much power to give the Gov."
just kills me in the context of your being against marijuana legalization.
Much better reasons to oppose marijuana are its foul smell (especially those big sticky buds; nasty!), its boring users, and its role in the Frito-Lay cabal. Bill Hicks, why did you leave us when we need you most?
Get a cordless doorbell kit or kits and rig up a larger strike plate in place of, or on top of, the doorbell button. An 8" circle of moderately rigid plastic (such as from a plastic picnic plate) Krazy Glued to the doorbell button would probably work. The doorbells could be anywhere needed (by the bed, on the wheel chair, etc.) and the chimes could be in every room (have to make sure they're on the same frequency). Some low density foam trimmed to fit could help prevent the strike plate from snapping off while not preventing the ringing of the chime.
Most of the comments seem to be rehashing the social consciousness / libertarian arguments. But who cares. Yes, surely, he's free to spend the money he earned (or acquired or what-have-you) and yes, surely, there are an almost infinite number of ways that the money could be better spent. I myself come down on the "pressurized-gliders-indicate-insufficient-taxatio n" side of the equation. But again, who cares?
What I want to know is why is it news when somebody rich does something? I remember all those stupid balloon stunts by Richard Branson and his ilk. Finally somebody soloed around the world and I thought the madness would stop. But no. Now we are treated to the escapades of millionaire morons in gliders or space capsules. If they want to flush their money, let 'em. But stop giving them airtime for pointless records. Let them set new speed or new fuel efficiency records in a commercially useful aircraft, or new cargo dirigible records or something that is of use to the world. Then give them press. But these "accomplishments" don't need to be celebrated. Or even noted.
And can somebody tell me why there's a space between the "o" and the "n" in "taxation" in the first paragraph? At least it shows up that way in the preview and I don't get it.
"It would seem to me that 'the learning curve is steep' and 'the interface is extremely intuitive' are two very contradictory remarks."
Initiating pet peeve mode: Steep learning curves indicate that something IS easy to learn. Plot time on the X-axis and learning on the Y-axis. If the curve is "steep" you are learning a lot in a short period of time. Pet peeve mode off.
I know you didn't use the phrase originally but the setup for my post was better so I chose your post. It irks me. Almost as much as Jeff Goldblum movies.
Slashdot Mirror
I think you are saying that the thrust of their claim is antitrust. I think this is correct (NOT their claim itself; merely the divination of what their claim is) and they are attempting to argue that Google is an "essential facility." They can't claim breach of contract since they don't have one (although I'm sure Google is going to argue, if it comes to that, that SearchKing is in breach of the toolbar TOS). They do not appear to be claiming tortious interference. Their argument appears to boil down to "something happened at Google that changed our Page Rank and that's unfair so make them stop." This is sort of an "essential facility" argument. But to have even a small chance of prevailing it must first be established that Google is a monopoly. I think this is going to get tossed on a 12(b)(6) motion.
Homicide is also a crime. So what. Fraud requires intent. Show that eBay is intending to aid and abet the commission of fraud and you will have a point.
Your warpost makes an excellent warpoint.
Al Gore never claimed to have invented the Internet. He said "During my service in the United States Congress I took the initiative in creating the Internet." And more than any other national office holder he promoted the devlopment of what we now call the Internet beyond the borders of Computer Science departments. Basically, my beef is that he didn't misspeak. He was deliberately misquoted.
Actually, I believe the preferred terms are GNU/Hacker and GNU/Cracker.
Thanks. That link was interesting.
Entering Off-Topic Pet Peeve Mode:
It's "eat your cake and have it too." Having it and then eating it is no trick at all.
The PC Magazine article implies that the Rebel Ti is a digital camera. It is not.
Or maybe they'll get cheaper. Imagine that adding the electronics raises the cost of the product 1%. But perhaps it dramatically lowers returns and/or customer support issues and the company saves 10% overall. Excellent ROI which the invisible hand will nibble away leaving us all with cheaper, if talkative, crappy furinture.
I and almost everyone I knew as a kid had Beta machines. Why? I grew up in Madison, Wisconsin which was home to American TV (a giant consumer electronics / ugly furniture store). American did "Buy X get Y free" promotions. (Sidenote: For years American's buy X get a bike free promotion made it the largest single outlet for bicycles in the US even though they didn't sell them directly. If you've ever seen an ugly-as-sin, piece-o'-crap "Firenze" 12 speed, it almost certainly traces its lineage back to American.) For a while they did "Buy X get a VCR free." Naturally, these were Beta machines. Beta rentals were available long after they disappeared everywhere else. At the peak of this distribution, one of the trades published a map of the US showing VCR usage by type. The whole country was blue (indicating VHS usage) except for some lonely circles of red in Wisconsin each centered on an American TV store.
I think you're wrong. What "process" are the individuals described in the story due? The 5th Amendment guarantees that a person won't be "deprived of life, liberty, or property, without due process of law" These people are being treated rudely and immorally but there is no (apparent) due process issue.
The right to be secure in one's person and home against warrantless searches (that's Amendment 4 for those of you keeping score at home) has been steadilly eroded. But even before that you had no general right not to have your picture taken in public.
The equal protection clause requires equal treatment under the laws, not petty police harassments. And if the courts didn't find the systematic disenfranchisement of minority voters in Florida to be an equal protection issue, this won't even make the radar screen.
Very uinlikely. They may stop doing it but it will not be "struck down" by a court. It's easilly within current constitutional confines.
You forgot (e) CowboyNeal
Rrrriiiiigghhhtt. If it we're legalized, it wouldn't "fund terrorists." And since in the US much (most? figures anyone?) marijuana is domestically cultivated, it probably isn't funding terrorists to any great extent. (Those of you with an interest in opiates and a desire to patriotically only use domestic sources should puruse Opium for the Masses: A Practical Guide to Growing Poppies and Making Opium.) And if we're even going to discuss the ludicrous topic of free software and terrorism, shouldn't we start with PGP?
I don't suppose you have a citation from something within throwing distance of a peer reviewed journal for any of this? There *are* some results showing a problem with memory loss. But there are other papers claiming that the memory loss in the first test (I assume you're referencing the New Zealand test.) was because the people had gotten old since 24 years had passed. In any event, alcohol is, of course, the great recreational drug with this problem. Similarly with violence. I'm not sure how to test for irrationality (as opposed to paranoia) so I'll let that slide. There's plenty of evidence for violence surrounding the marijuana *trade* but that, ta da, is because it's illegal so criminals engage in it. And epliepsy is weird. There seems to be a great many people who use it to help seizures and others who say it exacerbates them. Surely it's terrible for your lungs but you didn't list that.
Sorry about your friend's cousin. Any chance the driver of that vehicle had had a few beers to go with their weed? In any event, yours is an argument against driving while impaired. It is not an argument (at least not a good one) against legalizing marijuana.
And your sig:
just kills me in the context of your being against marijuana legalization.
Much better reasons to oppose marijuana are its foul smell (especially those big sticky buds; nasty!), its boring users, and its role in the Frito-Lay cabal. Bill Hicks, why did you leave us when we need you most?
it was the last major feature shot in true 70mm film.
Get a cordless doorbell kit or kits and rig up a larger strike plate in place of, or on top of, the doorbell button. An 8" circle of moderately rigid plastic (such as from a plastic picnic plate) Krazy Glued to the doorbell button would probably work. The doorbells could be anywhere needed (by the bed, on the wheel chair, etc.) and the chimes could be in every room (have to make sure they're on the same frequency). Some low density foam trimmed to fit could help prevent the strike plate from snapping off while not preventing the ringing of the chime.
Thanks for the tip on the trollbusting. I knew about that particular troll but didn't think about the solution.
What I want to know is why is it news when somebody rich does something? I remember all those stupid balloon stunts by Richard Branson and his ilk. Finally somebody soloed around the world and I thought the madness would stop. But no. Now we are treated to the escapades of millionaire morons in gliders or space capsules. If they want to flush their money, let 'em. But stop giving them airtime for pointless records. Let them set new speed or new fuel efficiency records in a commercially useful aircraft, or new cargo dirigible records or something that is of use to the world. Then give them press. But these "accomplishments" don't need to be celebrated. Or even noted.
And can somebody tell me why there's a space between the "o" and the "n" in "taxation" in the first paragraph? At least it shows up that way in the preview and I don't get it.
--
Ceci n'est pas un sig.
OK. You're wrong. Law enforcement (broadly speaking) needs a warrant. The phone company doesn't. Don't you feel better now?
It was the French that invented scalping.
Initiating pet peeve mode: Steep learning curves indicate that something IS easy to learn. Plot time on the X-axis and learning on the Y-axis. If the curve is "steep" you are learning a lot in a short period of time. Pet peeve mode off.
I know you didn't use the phrase originally but the setup for my post was better so I chose your post. It irks me. Almost as much as Jeff Goldblum movies.
You forgot: "Imagine a Beowulf cluster of Gandalfs!"
Nevermind the copyright issues. Where did you find a browser that would run for two years without crashing?
I described my GPA as "making the top half of the class possible."
As said by Melinda Gates. That's a lot for just one bit.