An important detail of civil suits that you might want to be aware of is that everything is divided into two categories, "facts" and "law," and all the claimed facts have to be either agreed to or disputed.
So it is literally up to the other side if something is disputed. They're saying that the other side didn't dispute the facts, leaving those facts undisputed.
It is not a matter of opinion, nor is it the type of situation you imply.
The facts are not in dispute, the case rests on matters of law rather than a dispute over the facts. Trials are where Juries decide what the facts were; Judges can't do that. Judges rule on matters of law. So that's why it is normal and proper therefor to ask that the judge issue a Summary Judgement. That is actually what the judge is required to do when there is no dispute of fact.
The motion for partial summary judgement will be granted, but the ruling doesn't matter. That's because this case covers some new ground on a matter of national importance that will come up again and again, and in the US legal system the judges at this level do not set precedent. So there is little/no chance that whatever the judge rules will fit whatever balanced test the appeals courts eventually come up with to split the hairs on a service provider that alters content rather than providing mere internet access.
This doesn't mean that somebody is ignoring process and blah blah about seizing bank accounts. First the partial summary judgment will happen. A damages trial will be held to establish the facts of how much harm was done. And then an appeals court will rule one way or the other. Notice at this point, we've had basically three stages complete, but we still have no idea what the outcome is, and no bank accounts are going to be seized. Then an additional appeal will finally be at a high enough level where they have some chance of having the last say, and they decide what they want the precedent to be. And then the case gets sent back down to the original judge, where they either re-do the damages (up or down depending on who won which appeals) or maybe even totally start over using the newly-minted precedents from the appeals courts.
You have to know what the steps are to know if they're being followed or not.;)
I'm mid 40s and people mistake me for being in my 20s.
I knew a woman who had her real ID confiscated by a store for being fake, because she looked "way too young" for it to be "possible." The same employee had sold her wine the day before, and didn't recognize her. My friend thinks it is because the earlier day she was also buying diapers, so she looked older.
Witness accounts giving an age in the 40s does not mean you have evidence that the person actually is in their 40s. All you have evidence of is that the person has, or affected, minor wrinkles and maybe a few gray hairs.
What is your reason for thinking DB Cooper had to be over 40 when he committed the crime? Is there something about the crime that would make it hard for a young adult? What would that even be? There aren't many things you can't do at 25 that you can do at 40!
You don't seem to comprehend the implications of the word "black" in "black ops"; it implies that they can't use regular money that gets appropriated in normal ways, but they can manipulate the levers of power behind the scenes. This is exactly the type of scenario that was being implied every time you ever heard the term "black ops," you just didn't understand what they were saying.
If it is on the news is irrelevant, what is important to them is mostly that it is a type of crime that looks one-off, done by one person or a small team, and where the investigation will be totally controlled by federal law enforcement. (who can easily be kept away from the truth when you're from another federal agency with have back channels (and that's no conspiracy, CIA has to have back channels to do their legit work)).
There doesn't seem to be anything at all about the case that would make it inconvenient for "black ops" to have done it. The evidence for it is weak, but your complaint is weak too. A couple hundred grand buys exactly the explosives or drugs or whatever in Cambodia or Laos that the CIA would have wanted for a black op during Vietnam. They don't have to pay for the whole op with black money, just the parts that don't have a normal military or intelligence appropriation, or stuff that is normally tracked. So they can use their normal airplane they use for spying, they can fuel it at a military base, they can pay the pilot's salary, all that with normal budgeted money. They might need secret money for their secret payload, though. Maybe their op costs $15m and yeah, they only need $200k that is untracked. $200k is small if they can use budgeted money, but it might be a lot larger if they have to hide it.
And they already use all sorts of tricks to hide the money they use for their non-"black" secret ops! That's important to keep in mind. Congress gives them a bunch of "untracked" money, but then Congresspeople with security clearance get briefings about how it was spent. And there are internal tracking systems. Black ops means even the people who are allowed to know about secret stuff aren't allowed to know about it, because if they did they would have it stopped and have people arrested for doing horrible things that the government never authorized them to do! Black ops is what the criminals who work for the government are doing! By definition.
You don't have nearly enough information to know if you can multiply those here, or not.
It may actually be true that all DB Coopers are black ops CIA, and the chances of being both are only "one in 200 million" meaning that there are only 38 DB Coopers in the whole world.
Just because you have probabilities for two events doesn't mean you have a probability for them to both happen. That would require additional facts.
But I'm actually going to go out on a limb and say that chances of being DB Cooper are much lower than 1 in 200m. Maybe even as low as 1 in 7.6b.
The chances of you being you are exactly equal to the chances of you being DB Cooper, if we assume that the identity of DB Cooper is totally unknown. The chances of you being Santa Claus could easily be over 1 in 50k! And that assumes we only count Santas that have graduated from some sort of Santa College!
Absolute nonsense, and if you believe it you're a moron. I guess if you don't believe it and said it anyways, it makes you an asshole. Some choice, eh?
No, that's not what this situation is like at all. Apple is accused of manipulating the speed of the device without even telling the user in order to make the device appear "old" to people who don't know better. The complaint is that the behavior is deception, manipulative, and potentially fraudulent.
Microsoft is accused of making a product that is less configurable than normal products used with their software, and users are suffering real problems of aging components that would be easily worked-around with standard configuration access.
And you respond to that with, basically, "ugga wugga?"
You don't understand what is going on, so what makes you think you understand the implications?
You're the one offering that sort of judgement, instead of saying it isn't for you to judge and then judging, why not just not say either?
If we were talking about the death rates after jumping off buildings, it would also be about the death rate and not about any judgment of it. If you don't value their life, why not keep it to yourself?
It is the sport, but also, soccer is really bad too. Add hockey, and it is probably the only three popular modern sports that include lots of head injury.
You managed the Ugga Wugga just fine, but it doesn't sound like you've ever actually watched a complete baseball game.
Before you defend yourself, if you have actually seen it and didn't figure out that any strategy is happening, that says something even worse about you than if you're just a blowhard who is guessing.
And guys like these "replacement" players, who were obviously already playing frequently. It isn't like the brought in tennis players during the strike, they were all still football players putting enough time into it that they were aspiring pros! So even if the problem was early death rather than quality of life, this would still not really be very significant; just comparing players with fancy uniforms to players who only got to wear fancy uniforms a few times.
I don't even understand what George Takei did wrong; they met at a bar, he thought the other person wanted some "rebound sex" and he was wrong. The other person nodded off while they were making out and woke up to being partly undressed. This doesn't sound abusive at all, this sounds like what happens after you go home from the bar with somebody that's been flirting with you at the bar for a few years.
It seems to be that the whole accusation is that he was more casual about sex than the other person, and there was a miscommunication about the nature of the relationship. And as soon as that was clarified, there was no problem. So, what's the problem?
The fact that people you meet at a bar want to have sex with you isn't necessarily some sort of assault on you. Especially if you're already making out with them.
From the sounds of the story, there were 4 people, and 2 of them knew it was wrong. The other 2 thought it was OK, even though they knew the other 2 thought it was wrong.
So what exactly isn't fair? That it took this long for him to get any pushback at all? People told him it was wrong. He didn't care.
You don't have to be caught to need good luck, you need good luck as soon as the BSA looks in your direction. Apparently it's one of the joys of proprietary software in the enterprise environment!
it reminds me of my first "Computer Applications" class in 6th grade in the 80s.
The teacher emphasized the importance of not thinking in terms of what buttons to press, but thinking it terms of the feature you're trying to use. So think "copy and then paste" not "-C -V". For remembering what button to press to get that feature in a particular application you can just use a keyboard overlay or keep a "cheat sheet" next to the computer.
I took it to heart and I've been thinking about features that way from the start. You might want to consider it, though really once you have the problems you have it is probably too late.
If you're having a hard time using basic office software, just turn it off and go outside, maybe take a walk and look for a paper copy of the course catalog for your local community college!
That's a bunch of hogwash where you conflate the differences in standard hyperbole chosen by politicians in the two places for actual differences. And your hyperbole is just from one political "side," too, so it is crap in multiple dimensions.
Slashdot Mirror
An important detail of civil suits that you might want to be aware of is that everything is divided into two categories, "facts" and "law," and all the claimed facts have to be either agreed to or disputed.
So it is literally up to the other side if something is disputed. They're saying that the other side didn't dispute the facts, leaving those facts undisputed.
It is not a matter of opinion, nor is it the type of situation you imply.
The facts are not in dispute, the case rests on matters of law rather than a dispute over the facts. Trials are where Juries decide what the facts were; Judges can't do that. Judges rule on matters of law. So that's why it is normal and proper therefor to ask that the judge issue a Summary Judgement. That is actually what the judge is required to do when there is no dispute of fact.
The motion for partial summary judgement will be granted, but the ruling doesn't matter. That's because this case covers some new ground on a matter of national importance that will come up again and again, and in the US legal system the judges at this level do not set precedent. So there is little/no chance that whatever the judge rules will fit whatever balanced test the appeals courts eventually come up with to split the hairs on a service provider that alters content rather than providing mere internet access.
This doesn't mean that somebody is ignoring process and blah blah about seizing bank accounts. First the partial summary judgment will happen. A damages trial will be held to establish the facts of how much harm was done. And then an appeals court will rule one way or the other. Notice at this point, we've had basically three stages complete, but we still have no idea what the outcome is, and no bank accounts are going to be seized. Then an additional appeal will finally be at a high enough level where they have some chance of having the last say, and they decide what they want the precedent to be. And then the case gets sent back down to the original judge, where they either re-do the damages (up or down depending on who won which appeals) or maybe even totally start over using the newly-minted precedents from the appeals courts.
You have to know what the steps are to know if they're being followed or not. ;)
That's just Chaika Veselnitskaya, its a science experiment I'm working on.
I'm mid 40s and people mistake me for being in my 20s.
I knew a woman who had her real ID confiscated by a store for being fake, because she looked "way too young" for it to be "possible." The same employee had sold her wine the day before, and didn't recognize her. My friend thinks it is because the earlier day she was also buying diapers, so she looked older.
Witness accounts giving an age in the 40s does not mean you have evidence that the person actually is in their 40s. All you have evidence of is that the person has, or affected, minor wrinkles and maybe a few gray hairs.
What is your reason for thinking DB Cooper had to be over 40 when he committed the crime? Is there something about the crime that would make it hard for a young adult? What would that even be? There aren't many things you can't do at 25 that you can do at 40!
You don't seem to comprehend the implications of the word "black" in "black ops"; it implies that they can't use regular money that gets appropriated in normal ways, but they can manipulate the levers of power behind the scenes. This is exactly the type of scenario that was being implied every time you ever heard the term "black ops," you just didn't understand what they were saying.
If it is on the news is irrelevant, what is important to them is mostly that it is a type of crime that looks one-off, done by one person or a small team, and where the investigation will be totally controlled by federal law enforcement. (who can easily be kept away from the truth when you're from another federal agency with have back channels (and that's no conspiracy, CIA has to have back channels to do their legit work)).
There doesn't seem to be anything at all about the case that would make it inconvenient for "black ops" to have done it. The evidence for it is weak, but your complaint is weak too. A couple hundred grand buys exactly the explosives or drugs or whatever in Cambodia or Laos that the CIA would have wanted for a black op during Vietnam. They don't have to pay for the whole op with black money, just the parts that don't have a normal military or intelligence appropriation, or stuff that is normally tracked. So they can use their normal airplane they use for spying, they can fuel it at a military base, they can pay the pilot's salary, all that with normal budgeted money. They might need secret money for their secret payload, though. Maybe their op costs $15m and yeah, they only need $200k that is untracked. $200k is small if they can use budgeted money, but it might be a lot larger if they have to hide it.
And they already use all sorts of tricks to hide the money they use for their non-"black" secret ops! That's important to keep in mind. Congress gives them a bunch of "untracked" money, but then Congresspeople with security clearance get briefings about how it was spent. And there are internal tracking systems. Black ops means even the people who are allowed to know about secret stuff aren't allowed to know about it, because if they did they would have it stopped and have people arrested for doing horrible things that the government never authorized them to do! Black ops is what the criminals who work for the government are doing! By definition.
You don't have nearly enough information to know if you can multiply those here, or not.
It may actually be true that all DB Coopers are black ops CIA, and the chances of being both are only "one in 200 million" meaning that there are only 38 DB Coopers in the whole world.
Just because you have probabilities for two events doesn't mean you have a probability for them to both happen. That would require additional facts.
But I'm actually going to go out on a limb and say that chances of being DB Cooper are much lower than 1 in 200m. Maybe even as low as 1 in 7.6b.
The chances of you being you are exactly equal to the chances of you being DB Cooper, if we assume that the identity of DB Cooper is totally unknown. The chances of you being Santa Claus could easily be over 1 in 50k! And that assumes we only count Santas that have graduated from some sort of Santa College!
Absolute nonsense, and if you believe it you're a moron. I guess if you don't believe it and said it anyways, it makes you an asshole. Some choice, eh?
No, that's not what this situation is like at all. Apple is accused of manipulating the speed of the device without even telling the user in order to make the device appear "old" to people who don't know better. The complaint is that the behavior is deception, manipulative, and potentially fraudulent.
Microsoft is accused of making a product that is less configurable than normal products used with their software, and users are suffering real problems of aging components that would be easily worked-around with standard configuration access.
And you respond to that with, basically, "ugga wugga?"
You don't understand what is going on, so what makes you think you understand the implications?
If it runs too hot and you can't underclock it, it is clearly the fault of the system integrator which is MS.
You're the one offering that sort of judgement, instead of saying it isn't for you to judge and then judging, why not just not say either?
If we were talking about the death rates after jumping off buildings, it would also be about the death rate and not about any judgment of it. If you don't value their life, why not keep it to yourself?
It is the sport, but also, soccer is really bad too. Add hockey, and it is probably the only three popular modern sports that include lots of head injury.
You managed the Ugga Wugga just fine, but it doesn't sound like you've ever actually watched a complete baseball game.
Before you defend yourself, if you have actually seen it and didn't figure out that any strategy is happening, that says something even worse about you than if you're just a blowhard who is guessing.
And guys like these "replacement" players, who were obviously already playing frequently. It isn't like the brought in tennis players during the strike, they were all still football players putting enough time into it that they were aspiring pros! So even if the problem was early death rather than quality of life, this would still not really be very significant; just comparing players with fancy uniforms to players who only got to wear fancy uniforms a few times.
That's a very weird construct, "trolling, or having an unauthorized opinion."
Are you ever gonna stop beating your wife?
You might want to double-check that EULA to see if you agreed to cooperate with audits before you claim it doesn't apply to you.
You agreed to whatever terms came with your license key!
You can have done nothing wrong, and yet simultaneously be in a whole world of hurt.
I don't even understand what George Takei did wrong; they met at a bar, he thought the other person wanted some "rebound sex" and he was wrong. The other person nodded off while they were making out and woke up to being partly undressed. This doesn't sound abusive at all, this sounds like what happens after you go home from the bar with somebody that's been flirting with you at the bar for a few years.
It seems to be that the whole accusation is that he was more casual about sex than the other person, and there was a miscommunication about the nature of the relationship. And as soon as that was clarified, there was no problem. So, what's the problem?
The fact that people you meet at a bar want to have sex with you isn't necessarily some sort of assault on you. Especially if you're already making out with them.
People are a lot more interests in the deeds of Ivan the Great than Ivan the Terrible.
Yes, if he behaved as a decent human being or a monster does affect how people will remember him, and what they will remember him for.
From the sounds of the story, there were 4 people, and 2 of them knew it was wrong. The other 2 thought it was OK, even though they knew the other 2 thought it was wrong.
So what exactly isn't fair? That it took this long for him to get any pushback at all? People told him it was wrong. He didn't care.
Burn them alive by the neckbeard!
You may find it improves recruiting all around.
"You can't even do business without MS Office!"
"Yes I can, I just use StarOffice."
"What? It's unpossible for that to work; I never even heard of it."
-- Any day during the .com boom.
(I usually just used catdoc TBH)
You don't have to be caught to need good luck, you need good luck as soon as the BSA looks in your direction. Apparently it's one of the joys of proprietary software in the enterprise environment!
Curious....
What's the differences between OpenPGP and GPG?
One is software people use today, the other is a historical footnote once considered a weapon illegal to export by the US Government.
it reminds me of my first "Computer Applications" class in 6th grade in the 80s.
The teacher emphasized the importance of not thinking in terms of what buttons to press, but thinking it terms of the feature you're trying to use. So think "copy and then paste" not "-C -V". For remembering what button to press to get that feature in a particular application you can just use a keyboard overlay or keep a "cheat sheet" next to the computer.
I took it to heart and I've been thinking about features that way from the start. You might want to consider it, though really once you have the problems you have it is probably too late.
If you're having a hard time using basic office software, just turn it off and go outside, maybe take a walk and look for a paper copy of the course catalog for your local community college!
That's a bunch of hogwash where you conflate the differences in standard hyperbole chosen by politicians in the two places for actual differences. And your hyperbole is just from one political "side," too, so it is crap in multiple dimensions.
It would never have occurred to me that you didn't know an orca is a dolphin.
Nonetheless, that joke was really terrible...
On the plus side, I now know that there is a Welsh national anthem....
I always sing Bonnie Charlie as the Welsh anthem.