It means in a matter of original federal jurisdiction the Supreme Court's long standing case law say that federal law preempts state law.
Patent law originates its power in the Constitution. It is a matter of original federal jurisdiction. Thus, federal statutes and case law will apply.
In theory, it may be better for there to be a state exemption from federal law on patent issues. I'll concede that. What I'm saying is that current patent law is so ingrained in our federal system that it would take a constitutional amendment or a new form of government to supersede the current rules.
Whatever. I'm in law school and this guy's type of insight just does not get discussed.
I've contemplated use of internet in law practice since I came to law school. It is primarily what has interested me in OSS and linux (debian dude, 4 life)...
I have often advocated to my peers that an open law model would make law more accessible to the the masses. There is a New York lawyer how has started probono.net where he will post cases on the net and takers can sign up. The takers will be put in touch with each other and irc so that document and research collaberation can take place. This is more of a joint venture model or open partnership model. In the majority of cases, sharing research on the internet is prohibited unless the lawyers are part of the same firm. We do want our lawyer representing us not the opposition.
This peer review of analysis works for Harvard types like him who are chosen to work on big nationally recognized cases. For the little guy, this would not have an impact.
My idea of the open partnership, where individual lawyers choose cases on an ad hoc cases and collaberate on a per case basis would put class actions on behalf of poor clients (i.e., in an environmental waste case affecting poor school children), or in the case of the race discrimination that affects a small town mine worker. In these instances if attorneys had the opportunity to collaborate over distances, then those attorneys who would choose to work on a particular type of case could find enough case work to stay employed and fed. Not all lawyers are rich and work for M$.
I don't like it when highly prestigous people advocate a buzzword (open law) when they are only in a position to affect the few. See probono.net for what looks like a real practical solution to getting the huge number of unrepresented people who have real claims into court and their grievances heard.
The key is to open up the business model not the law strategy. You think a criminal defense attorney or a prosecutor is going to post their strategy on the internet so that the opposition will know what to expect? If my attorney did that I'd sue him/her for malpractice and violation of attorney-client privilege. And you know what? I'd win for sure.
This academic means publicly review policy and the constitutionality of an issue. That is theory stuff, most pertinent to peer review. But trial strategy is not.
We need the cases to get to the lawyers not the lawyers to pry into cases....
I used to freestyle against artists on Sole Sides (now Quannum).
Lateef, Asia, Gab, etc. Gab lived with me for a few months. The freestyle sessions were unreal. Major blunts were passed. Those were the good ol' days.
Josh (Shadow) was always kind of to himself. I didn't see him around as much. I knew of him when Lateef would break out the new Latyrx or Blackalicious joints and we'd get the session started.
Now that I'm learning about icecast, I'm gonna be putting the sessions on the net.
KILLA KALI FREESTYLERS GET 'NUF RESPECT.
doncha no tha sicca luffa made it good?
Biiiiaaaach! No need for the ambulance that boy ain't gettin up! Call the coroner....
Dragons breathe fire, implying that they are fiery and fierce.
Kmail froze KDE yesterday when it tried to pull mail (I had 568 messages but so what?)
KDE has a lot of services, only some of which work. I'm sure someone can post a message saying how Kmail pulled 10000 messages in a day. Mine never even came close.
I can't wait until gnome moves out of BETA stage. The KDE panel is nothing (and I mean nothing) like the gnome-panel. The take KDE's panel and give it the functionality of wmaker applets and you get the picture.
KDE freezing brings down the system if you use kdm. F-that, gnome is much faster, and its usability is going way up. I'm impressed, and it's hard to impress me.
In GB, it is proper grammar to use the verb 'to be' in the plural. The poster said, "are Apple...?"
The company, Apple, is treated like more than one, presumably because it consists of many people. Yet, it is one corporation, a legal alter ego. It should only be treated as a logical singular thing. The most logical way to pose the question would be 'is Apple...?'
Hey, the Yankee concept of alter ego corporate status came from British common law. So your grammar ought to conform to its logical dictates. Perhaps this is just a colloquial usage.
I don't know why I care, but whenever I hear or read a Brit saying 'are' for company, a musical band, a government, or any organization I wonder who else they are going to talk about. I think, "Are Apple and SOMETHING ELSE going to do such and such," not "are Apple" and nothing else.
Most English usages are generally more refined and make sense to me (except for what I said already and the spelling differences). However, this one is baffling.
You English types sho is funny tho...PEACE OUT....
Use what you like. Enjoy life. Don't let package competition be a source of stress. Debian has reduced my stress a lot. Thanks everyone at debian. Thanks a lot. I mean it.
I've never been happier with a box. Just be happy and ignore all the hate.
Easy Update? Only in Debian.
on
Red Hat 6.0
·
· Score: 2
I know RH is good too. I can't wait for cheapbytes to have it so that I can install it on a spare system and play with it.
But if you want to have a computing future where upgrades are no longer a headache, you must switch to Debian. Apt/dpkg are a combination in computing bliss. Most people switch to Debian once they learn about this feature. Linux is easy as pie once you know that your system is under control.
I'm not knocking other distros. The recent Caldera and now RH announcements are very encouraging. I think both of those markets are corporate. Debian's install can take getting used to, but once you learn it, the mailing list support at debian-user@lists.debian.org are excellent. IRC at irc.openprojects.net #debian can be a good resource as well if you catch a developer in a generous mood.
I know RH is the most popular, but if you are looking for a practical reason to pick a particular distro, then debian is a choice where you can learn a lot, there's a lot of help, future upgrades will not be any problem at all. Finally, debian's stability and speed can only be matched by the *BSDs. KDE and GNOME both run in debian quite well. Try it.... If you choose to run RH 6.0, email me and tell me about your experiences. C-ya...
It is the bazaar where every sensual desire can be gratified.
It is a place where your personality becomes the traded currency.
It is a tool for verbal and visual communication, nothing more. It is a neutral force. Real believers in the New Jerusalem have much higher expectations than the internet. I also recall a scripture in Revelation that describes the population in the End Times thinking like One Mind. One must be careful armchair scriptural interpretation. One's interpretations can slice both ways. Be careful if what you interpret as dawning the age of Jesus could also dawn the same for Satan.
It is a tool for greed and good. It is no promised land. Jon Katz does not have clear thinking.
Yeah I can be an asshole 1) when I get paid to; or 2) when I get units for it.
What people seem to forget is that it's the clients that say 'act like an asshole' and the lawyer HAS to say 'how wide?' (to an extent).
For every dickhead lawyer, there's a an every nastier SOB client. It's what I have eruditely deemed that asshole-dickhead yin-yang universal reem-job. You don't have to travel to outer space for this one ladies and gentlemen...;)
Many believe that the Civil Ware was sparked in part by the Supreme Court's decision in Dred Scott.
This is the case where the court held Mr. Scott did not have a right to bring a law suit to challenge his slave status because he wasn't traditionally consider a human. Only citizens could bring law suits; only humans could be citizens; Dred Scott was not considered human in the American tradition at the time; thus, Dred Scott (nor any black person at the time) could bring a law suit.
This result infuriated Northerners, and has been cited as one of the reasons for the war. Your comment that asserts blacks freely joined the Confederate Army and were treated with dignity seems a little spurious. Could you cite your authority for that statement?
I used it a lot when I used M$. I liked it a lot, and I miss it. It was absolutely the most useful information organization tool I've ever encountered.
It even saved info in notes area automatically evertime you type so that when M$ froze, you would still have all your data.
I think there is a linux version "Synapse" in the works, but it's not complete, and has a way to go (I believe). They have a Palm version becoming stable IIRC.
Freedom does not exist anywhere in the Universe...
on
Feature:Free Linux
·
· Score: 1
As any Philosophy, Math, or Science professor and they will tell you that the idea 'freedom' exists only in you mind.
Everytime there is a requirement, rule, axiom, necessary condition, etc., one's freedom has been limited.
One can say, 'as free as possible.' One can even say 'the best (freeest)(sp?) of all possible worlds.' One cannot say 'freedom exists' without forgetting a lot of facts that negate that assertion.
For me, 'free of charge' is about as good as it gets, and I go with that. But then again, I'm just a dirty stinking blood sucking lawyer (law student). So what do I know? I made hypocricy my career, and hypocricy constraint in itself.
Yogis say, freedom in meditation. Coders say, freedom of code. Romantics say, freedom of spirit. There is no absolute freedom.
You won't get that in any dictionary. You have to think first...
For the first time I connected my one windows box through my linux server with ip_masq, over a single ppp connection.
I did it for free.
As a small businessman, linux will remain my tool of choice, not because it is open source. Since I don't program, I benefit from this only indirectly (I still believe it is the best way to go), but it is not my primary motivation for using linux.
My primary motivation is cost/benefit. When I introduced myself to linux there was NT and commercial Unices. All where way too expensive. I needed a solution I could afford. I was amazed that the twist of human fate had occured. Imagine a radical new development paradigm had occurred in my lifetime, and it was given away for free! Was I dreaming?!
Thank God for Linux!
MacOSX on the other hand, (while it may be good or superior), cannot compete with linux on a cost/performance scale. The fact that MacOSX only runs on expensive hardware is the nail in the coffin.
MacOSX my be excellent, superior, wonderful, whatever. It's expensive, and I can't afford it. Therefore, I will never use it, not even to pique my curiosity. I might try FreeBSD, though.
this PCFree guy stole my idea...
on
The $299 PC
·
· Score: 1
Slashdot Mirror
It means in a matter of original federal jurisdiction the Supreme Court's long standing case law say that federal law preempts state law.
Patent law originates its power in the Constitution. It is a matter of original federal jurisdiction. Thus, federal statutes and case law will apply.
In theory, it may be better for there to be a state exemption from federal law on patent issues. I'll concede that. What I'm saying is that current patent law is so ingrained in our federal system that it would take a constitutional amendment or a new form of government to supersede the current rules.
Good Luck!
or is it?
I don't mind ads that provide product info, no product doubletalk and hype. I'm not falling for it...
I remember a biblical passage in Revelation that says something to the effect that the Beast's image will be viewable from everywhere.
Sounds like a nightmare waiting to be rebelled against.
How can we keep the web free from an online brownshirt campaign?
"Put up this banner or no transactions for your commercial site!"
"This image will be displayed or no bank transactions, no buying or selling!!!"
He was kidding...
Of course he wants to kick back at home and write cool apps and get paid, who wouldnt?
Don't hate the player hate the game...
Whatever. I'm in law school and this guy's type of insight just does not get discussed.
I've contemplated use of internet in law practice since I came to law school. It is primarily what has interested me in OSS and linux (debian dude, 4 life)...
I have often advocated to my peers that an open law model would make law more accessible to the the masses. There is a New York lawyer how has started probono.net where he will post cases on the net and takers can sign up. The takers will be put in touch with each other and irc so that document and research collaberation can take place. This is more of a joint venture model or open partnership model. In the majority of cases, sharing research on the internet is prohibited unless the lawyers are part of the same firm. We do want our lawyer representing us not the opposition.
This peer review of analysis works for Harvard types like him who are chosen to work on big nationally recognized cases. For the little guy, this would not have an impact.
My idea of the open partnership, where individual lawyers choose cases on an ad hoc cases and collaberate on a per case basis would put class actions on behalf of poor clients (i.e., in an environmental waste case affecting poor school children), or in the case of the race discrimination that affects a small town mine worker. In these instances if attorneys had the opportunity to collaborate over distances, then those attorneys who would choose to work on a particular type of case could find enough case work to stay employed and fed. Not all lawyers are rich and work for M$.
I don't like it when highly prestigous people advocate a buzzword (open law) when they are only in a position to affect the few. See probono.net for what looks like a real practical solution to getting the huge number of unrepresented people who have real claims into court and their grievances heard.
The key is to open up the business model not the law strategy. You think a criminal defense attorney or a prosecutor is going to post their strategy on the internet so that the opposition will know what to expect? If my attorney did that I'd sue him/her for malpractice and violation of attorney-client privilege. And you know what? I'd win for sure.
This academic means publicly review policy and the constitutionality of an issue. That is theory stuff, most pertinent to peer review. But trial strategy is not.
We need the cases to get to the lawyers not the lawyers to pry into cases....
I used to freestyle against artists on Sole Sides (now Quannum).
Lateef, Asia, Gab, etc. Gab lived with me for a few months. The freestyle sessions were unreal. Major blunts were passed. Those were the good ol' days.
Josh (Shadow) was always kind of to himself. I didn't see him around as much. I knew of him when Lateef would break out the new Latyrx or Blackalicious joints and we'd get the session started.
Now that I'm learning about icecast, I'm gonna be putting the sessions on the net.
KILLA KALI FREESTYLERS GET 'NUF RESPECT.
doncha no tha sicca luffa made it good?
Biiiiaaaach! No need for the ambulance that boy ain't gettin up! Call the coroner....
Dragons breathe fire, implying that they are fiery and fierce.
Kmail froze KDE yesterday when it tried to pull mail (I had 568 messages but so what?)
KDE has a lot of services, only some of which work. I'm sure someone can post a message saying how Kmail pulled 10000 messages in a day. Mine never even came close.
dpkg -r kdenetwork kdeutils kdebase, etc.
apt-get install enlightenment enlightenment-theme-clean gnome-panel gmc
That's much better, and nicer on my eyes...
I can't wait until gnome moves out of BETA stage. The KDE panel is nothing (and I mean nothing) like the gnome-panel. The take KDE's panel and give it the functionality of wmaker applets and you get the picture.
KDE freezing brings down the system if you use kdm. F-that, gnome is much faster, and its usability is going way up. I'm impressed, and it's hard to impress me.
It's a test...
PEACE OUT!...
Just a small point...
In GB, it is proper grammar to use the verb 'to be' in the plural. The poster said, "are Apple...?"
The company, Apple, is treated like more than one, presumably because it consists of many people. Yet, it is one corporation, a legal alter ego. It should only be treated as a logical singular thing. The most logical way to pose the question would be 'is Apple...?'
Hey, the Yankee concept of alter ego corporate status came from British common law. So your grammar ought to conform to its logical dictates. Perhaps this is just a colloquial usage.
I don't know why I care, but whenever I hear or read a Brit saying 'are' for company, a musical band, a government, or any organization I wonder who else they are going to talk about. I think, "Are Apple and SOMETHING ELSE going to do such and such," not "are Apple" and nothing else.
Most English usages are generally more refined and make sense to me (except for what I said already and the spelling differences). However, this one is baffling.
You English types sho is funny tho...PEACE OUT....
Use what you like. Enjoy life. Don't let package competition be a source of stress. Debian has reduced my stress a lot. Thanks everyone at debian. Thanks a lot. I mean it.
I've never been happier with a box. Just be happy and ignore all the hate.
I know RH is good too. I can't wait for cheapbytes to have it so that I can install it on a spare system and play with it.
But if you want to have a computing future where upgrades are no longer a headache, you must switch to Debian. Apt/dpkg are a combination in computing bliss. Most people switch to Debian once they learn about this feature. Linux is easy as pie once you know that your system is under control.
I'm not knocking other distros. The recent Caldera and now RH announcements are very encouraging. I think both of those markets are corporate. Debian's install can take getting used to, but once you learn it, the mailing list support at debian-user@lists.debian.org are excellent. IRC at irc.openprojects.net #debian can be a good resource as well if you catch a developer in a generous mood.
I know RH is the most popular, but if you are looking for a practical reason to pick a particular distro, then debian is a choice where you can learn a lot, there's a lot of help, future upgrades will not be any problem at all. Finally, debian's stability and speed can only be matched by the *BSDs. KDE and GNOME both run in debian quite well. Try it.... If you choose to run RH 6.0, email me and tell me about your experiences. C-ya...
It is giant structure made of sand.
It is the bazaar where every sensual desire can be gratified.
It is a place where your personality becomes the traded currency.
It is a tool for verbal and visual communication, nothing more. It is a neutral force. Real believers in the New Jerusalem have much higher expectations than the internet. I also recall a scripture in Revelation that describes the population in the End Times thinking like One Mind. One must be careful armchair scriptural interpretation. One's interpretations can slice both ways. Be careful if what you interpret as dawning the age of Jesus could also dawn the same for Satan.
It is a tool for greed and good. It is no promised land. Jon Katz does not have clear thinking.
The inflammatory comments I made were not really intended to be taken seriously.
I agree with you that lawyers should not do whatever the client wants.
I'm my own person and can't change for damn near anybody (except my mama and my woman).
Wassup?
;)
email me...
PEACE...
Yeah I can be an asshole 1) when I get paid to; or 2) when I get units for it.
What people seem to forget is that it's the clients that say 'act like an asshole' and the lawyer HAS to say 'how wide?' (to an extent).
For every dickhead lawyer, there's a an every nastier SOB client. It's what I have eruditely deemed that asshole-dickhead yin-yang universal reem-job. You don't have to travel to outer space for this one ladies and gentlemen...
I'm your worst nightmare buddy...
raaaaaaaahhhhh!
see?
I'll donate; I'll volunteer.
Now the beginnings of an OpenLaw organization can begin to sprout, as I predicted many months ago.
If there are lawyers who read this post, email me.
I have ideas... Internet kills law firms... True virtual organizations take over...
Many believe that the Civil Ware was sparked in part by the Supreme Court's decision in Dred Scott.
This is the case where the court held Mr. Scott did not have a right to bring a law suit to challenge his slave status because he wasn't traditionally consider a human. Only citizens could bring law suits; only humans could be citizens; Dred Scott was not considered human in the American tradition at the time; thus, Dred Scott (nor any black person at the time) could bring a law suit.
This result infuriated Northerners, and has been cited as one of the reasons for the war. Your comment that asserts blacks freely joined the Confederate Army and were treated with dignity seems a little spurious. Could you cite your authority for that statement?
Let your conscience be clear; become a nicer person...
He's got the GTK app for linux that will more or less to what The Brain does, except do it, in html instead of RTF.
I've followed his mail list for some time. And he knows what he's doing. He's GPLing it, maybe he could use collaborators... Check it out.
This is kind of likeThe Brain.
I used it a lot when I used M$. I liked it a lot, and I miss it. It was absolutely the most useful information organization tool I've ever encountered.
It even saved info in notes area automatically evertime you type so that when M$ froze, you would still have all your data.
I think there is a linux version "Synapse" in the works, but it's not complete, and has a way to go (I believe). They have a Palm version becoming stable IIRC.
As any Philosophy, Math, or Science professor and they will tell you that the idea 'freedom' exists only in you mind.
Everytime there is a requirement, rule, axiom, necessary condition, etc., one's freedom has been limited.
One can say, 'as free as possible.' One can even say 'the best (freeest)(sp?) of all possible worlds.' One cannot say 'freedom exists' without forgetting a lot of facts that negate that assertion.
For me, 'free of charge' is about as good as it gets, and I go with that. But then again, I'm just a dirty stinking blood sucking lawyer (law student). So what do I know? I made hypocricy my career, and hypocricy constraint in itself.
Yogis say, freedom in meditation. Coders say, freedom of code. Romantics say, freedom of spirit. There is no absolute freedom.
You won't get that in any dictionary. You have to think first...
not a Spaniard.
Columbus was also Italian.
Only a minor correction of fact.
Because I have to buy it.
For the first time I connected my one windows box through my linux server with ip_masq, over a single ppp connection.
I did it for free.
As a small businessman, linux will remain my tool of choice, not because it is open source. Since I don't program, I benefit from this only indirectly (I still believe it is the best way to go), but it is not my primary motivation for using linux.
My primary motivation is cost/benefit. When I introduced myself to linux there was NT and commercial Unices. All where way too expensive. I needed a solution I could afford. I was amazed that the twist of human fate had occured. Imagine a radical new development paradigm had occurred in my lifetime, and it was given away for free! Was I dreaming?!
Thank God for Linux!
MacOSX on the other hand, (while it may be good or superior), cannot compete with linux on a cost/performance scale. The fact that MacOSX only runs on expensive hardware is the nail in the coffin.
MacOSX my be excellent, superior, wonderful, whatever. It's expensive, and I can't afford it. Therefore, I will never use it, not even to pique my curiosity. I might try FreeBSD, though.
I'm gonna get 'im...;>