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Comment Re:Was it a Russian drone? (Score 1) 139

Depends on what the person was doing at the time. If the person who didn't pull the trigger was holding up a liquor store and the police shot the wrong person, there's at least arguably mens rea, which is how we get things like the felony murder rule.

Not quite- that's how you get the proximate cause felony murder rule, of which only a couple of jurisdictions in the US, and none outside of the US in the Western world recognize due to its obvious injustice.

No, it's how you get mens rea for the felony murder rule. You didn't carry the gun with the intent to kill, only to intimidate, but you still had a guilty mind, and if you then used the gun to kill someone in the heat of the moment, there's your mens rea.

And remember that actual cause does not mean literally pulling the trigger. At least in the U.S., the courts apply a "but for" test. If the event would not have happened without the previous event, then the previous event is considered the actual, not proximate cause. The police would not have shot the other person but for the perpetrator pointing a gun at someone (and possibly shooting at the police).

IMO, that's not meaningfully different than involuntary manslaughter convictions for allowing unsafe working conditions at a construction site or leaving your loaded gun out where a child can take it, both of which have happened.

Comment Re:Typical company approach to accounting (Score 1) 55

Using the numbers above, if Meta had the same pre-tax profit of $60B now but was using the 3 year depreciation schedule they used in 2020 vs the current 5.5 year, then instead of depreciation being $13B it'd be $23.8B, meanding they'd lose nearly almost $11B in recorded profits, just from a calculation. So in essence this boosts their stock price by making them look more profitable than they are.

True, but only momentarily. At the end of the first depreciation cycle, assuming purchasing of hardware is not accelerating, you're depreciating 5x as much hardware over 5x the time, and your momentary bubble in the stock price is gone.

And even if hardware purchasing is growing right now, eventually, that will flatten out, and the above will be true.

The only real question should be whether the depreciation rate is reasonable. If you're still getting substantial use out of the hardware after five years, then depreciating it over 3 years is questionable.

Also, the more slowly you depreciate it, the less you save on taxes each year. Faster depreciation is beneficial if you think the tax rate will go down and you will lose the benefit of that depreciation. Slower depreciation is beneficial if you think the tax rate will go up and you will benefit more from depreciating it later. So this may also mean that these companies are expecting corporate income taxes to go up. Make of that what you will.

Comment Re:Limit to Seven People (Score 1) 63

I recall reading that if you have a meeting with more than seven people, you are probably having an ineffective meeting. I am regularly forced to attend meetings with 20-30 people. It's always the same 3-4 people who speak, everyone else remains silent.

In my experience, with only rare exceptions, the limit should be three. More than three, and you are likely involving people working on multiple projects who don't really need to know what the people on other projects are doing beyond what an email every few months would provide.

Those rare exceptions are situations where you have a meeting of managers in an org or similar with each other, where everybody is working towards the same goals, and they're planning towards those goals.

Or the way I usually describe it is that the usefulness of a meeting with n participants is one over the square of n minus 2 for all values of n greater than 2.

Comment Re:Was it a Russian drone? (Score 1) 139

Negligent homicide and involuntary manslaughter suffer the same problem- no mens rea for the person accused of the crime.

Depends on what the person was doing at the time. If the person who didn't pull the trigger was holding up a liquor store and the police shot the wrong person, there's at least arguably mens rea, which is how we get things like the felony murder rule. Extending that to involuntary manslaughter when the person didn't actually pull the trigger but directly created a situation where the police did seems like not that much of a stretch to me.

Comment Re:Was it a Russian drone? (Score 1) 139

I.e., if during a robbery, some random person in the store shoots someone else trying to shoot you- you are not in legal jeopardy for murder.

To my knowledge, you are pedantically correct, but that doesn't mean you aren't in legal jeopardy for the death; you just won't face murder charges. You could still very easily be hit with civil wrongful death claims, and maybe negligent homicide or involuntary manslaughter charges for creating the situation that led to that death.

Comment Re:History repeating itself: Google Glass (Score 2) 150

That's the thing, someone who believes their day-to-day life is so fascinating that they need to be able to record video at any given moment, probably has a severe case of main character syndrome.

So yeah, "asshole glasses" definitely fits.

Maybe, but only if you assume that the intent is to share that video with others or whatever.

On the flip side, I can think of a lot of useful reasons to do so, mostly involving use of large amounts of AI to go back and process the data. Imagine losing something and being able to ask, "Where is this," and getting an answer about where you left it. Imagine being able to say, "Was [insert person] part of the conversation where I said [insert subject]" and getting an answer. The potential impact of always-on recording for assisting with memory recall is enormous, assuming adequate storage and processing power.

Also, it completely solves the "You look familiar" problem, both in the "Did I meet this person?" sense and in the "What is his/her name?" sense.

Comment Re: Good for her! (Score 2) 150

I think it's the same in the US. You can't publish someone's photo (unless they are just part of the background) without getting a signed release.

Nope. Not true. You can't use it commercially, but the definition of commercial use excludes a lot of things that you might think are commercial, e.g. any form of artwork, book covers, Facebook posting, etc.

This doesn't give you the right to record someone who has asked you not to record them, though, especially if there is audio and it is a two-party consent state. And if you are deliberately confronting someone in public who asks you not to record them, it could also run afoul of harassment laws.

Comment Re:Here's an idea (Score 1) 54

IMO probably the best thing to happen with this industry is for copyright laws to be clipped back to 28 years. The artists will lose their shit, but honestly, the Berne convention just feels like it's designed for the sole purpose of allowing them (and the studios) to just keep rent seeking indefinitely.

I have an even more radical proposal. Roll back copyright duration to 28 years, but only for works for hire.

  • Works of corporate authorship (movies, etc.): 14 +14 (renewal required).
  • Works of individual authorship: 50 years or the life of the author, whichever is longer.

This strikes a balance that acknowledges individuals' lower ability to earn money off of a work, and ensures that individuals are able to continue benefitting from their works for the rest of their lives, while still ensuring that musical works written when my long-deceased grandparents were children are no longer locked away where no one can perform them without expensive licensing and ensuring that people who never contributed anything towards the works' creation (e.g. the grandchildren of a composer, author, or artist) don't get to live off of other people's work for the rest of their lives.

Comment Re: They are popular in JP because they work (Score 1) 202

People here are acting like bigger vehicles in the U.S. are due to some conspiracy around efficiency standards. They're not.

The shift toward massive trucks and SUVs in the U.S. is not a conspiracy as you stated, but it's not purely consumer preference either. It's a direct, documented, and mathematically verifiable consequence of how the U.S. government rewrote fuel efficiency regulations in 2011.

Prior to 2011, CAFE standards were simple: a car company’s entire fleet of "light trucks" had to average a certain MPG number (e.g., 24 mpg). It didn't matter how big or small the individual trucks were. The Obama administration reformed these rules to close loopholes... but they inadvertently created a new one. They switched to a "footprint-based" standard.

It was broken long before that. Minivans have always been treated as light trucks despite not being trucks in any meaningful sense of the word, and industry interference has prevented light truck standards from keeping up with technological improvements.

As long as we have such a culture of regulatory capture, I don't think these sorts of standards are ever going to do what they are intended to do.

Comment Re:They are popular in JP because they work (Score 1) 202

Are there states that don't allow that? I know Tennessee and California both do, though the latter is somewhat more problematic because of emissions control laws.

I think the 35 MPH road limitation is mostly about wanting to prevent people from impeding traffic. Here in FL you're able to ride a bike/e-bike/e-scooter on any road that isn't a toll or limited access highway, regardless of posted speed limit, at your own peril.

The "at your own peril" thing is a lot easier to justify when you have high situational awareness because of absolutely no expectation of safety in a low-speed collision (bicycle) than when you do have that expectation (vehicle with a roll cage).

Also, bicycles can't rapidly accelerate, are very small, and generally can't get very fast at all, so they are quick to pass compared with something the size and speed of a low-speed car. This reduces the risk of them causing accidents significantly (both with the bicycle and with oncoming vehicles).

In general, the assumption is that if it looks like a car, it should act like one. When that assumption is violated, bad things happen.

Comment Re:From Volkswagon to Trumptruck (Score 0) 202

Honestly if it gets Americans to stop driving oversized pedestrian murdermachines then it may actually be something positive to come out of his administration. I mean to be clear it won't happen, and even if it did this isn't the intention, but still wouldn't it be nice to imagine a world where America's pedestrian accident rate was *not* increasing?

America's pedestrian accident rate is increasing primarily because of pedestrian distraction, not because cars are getting less safe. The fatality rate could be caused by cars getting less safe, but not the rate of accidents, except to the limited extent that touchscreens make driving harder.

If you really want pedestrian accidents to stop happening, you need to do three things:

  • Mandate that all intersections have a separate pedestrian cycle with a button to activate it or camera-based pedestrian detection.
  • Mandate that all intersections have appropriate light control over right turns on red, such that they are not allowed during the pedestrian cycle.
  • Strictly enforce this for both drivers and pedestrians for the first few months, ticketing both pedestrians and drivers when they enter an intersection at the wrong time.

This ensures that A. cars don't have to wait for pedestrians that don't exist, B. cars have to wait for pedestrians only once even if the pedestrians are crossing in multiple directions, and C. no cars are in the intersection at the same time as pedestrians.

It improves road throughput for both pedestrians and drivers *and* makes the intersections safer. There's not much downside to this.

Comment Re:Payroll checks are still a thing in small biz (Score 1) 142

I get the impression that a company like ADP requires that an employer employ at least some minimum number of employees in an area. Otherwise, ADP appears to fall back to printing paper checks for the employer to mail. I don't know the specifics; I just know that I got ADP paper at one job after a bunch of layoffs, and I got ADP paper when I was the only remote worker in a particular state.

Comment Goes further -- edtech obsoletes schools (Score 1) 47

as suggested by me from 2007: "Why Educational Technology Has Failed Schools"
        https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Fpatapata.sourceforge.n...
        "... Ultimately, educational technology's greatest value is in supporting "learning on demand" based on interest or need which is at the opposite end of the spectrum compared to "learning just in case"
based on someone else's demand. Compulsory schools don't usually traffic in "learning on demand", for the most part leaving that kind of activity to libraries or museums or the home or business or the "real world". In order for compulsory schools to make use of the best of educational technology and what is has to offer, schools themselves must change.
          But, history has shown schools extremely resistant to change. ...
          That is not all technology has been asked to do in schools. It has been invited into the classroom in other ways, including educational simulations, Lego/Logo, web browsing, robotics, and computer-linked data collection from sensors. But assessment is mostly what technology does in schools that *matters*, where the other uses of it have been marginalized for various reasons. These "learning on demand" or "hands on learning" activities have been kept in their boxes so to speak (sometimes figuratively, sometimes literally). Or to recall from my own pre-computer elementary school experiences in the 1960s, there was a big fancy expensive "science kit" in the classroom closet -- but there was little time to use it or explore it -- we were too busy sitting at our desks. ...
        Essentially, the conventional notion is that the compulsory schooling approach is working, it just needs more money and effort. Thus a push for higher standards and pay and promotion related to performance to those standards. Most of the technology then should be used to ensure those standards. That "work harder" and "test harder" approach has been tried now for more than twenty years in various ways, and not much has changed. Why is that? Could it be that schools were designed to produce exactly the results they do? [as John Taylor Gatto has suggested] And that more of the same by more hard work will only produce more of the same results? Perhaps schools are not failing to do what they were designed; perhaps in producing people fit only to work in highly structured environments doing repetitive work, they are actually succeeding at doing what they were designed for? Perhaps digging harder and faster and longer just makes a deeper pit? ...
        However, over the past 150 years or so the world has changed, and we have entered a post-industrial information age, with cheaply copied songs and perhaps soon cheaply copied material goods in nanotech replicators. ...
        Industry still matters of course, but only now in the sense that agricultural still matters, where an ever smaller part of the population is concerned directly with it, as innovation after innovation makes people in those fields ever more productive. If only a small percent of the people in the economy produce food, and now only an ever shrinking part of the population produces material goods, what is left for the rest to do? ...
        So, [as Dr. David Goodstein, Vice Provost of Caltech pointed out] employment in conventional research is closed for most people [even with PhDs, due to funding issues]. Still, if you look at, say, the field of biology, there are endless opportunities for people to research millions of species of organisms and their biochemistry, ecology, and history. If you look at astrophysics, there are endless stars and solar systems to study. If you look at medicine, there is a vast amount we do not know, especially for chronic diseases of poor people. If you look at music, there are endless opportunities for people to make songs about their specific lives and families. If you look at writing, endless novels yet to be written. And if you look at programming, there is even a vast enjoyment to be had reinventing the wheel -- another programming language, another operating system, another application -- just for the fun of doing it for its own sake. The world wide web -- from blogs to you tube to garage bands -- is full of content people made and published just because they wanted to. It is an infinite universe we live in, and would take an infinite time to fill it up. However, there is practically no one willing to pay for those activities, so they are for the most part hobbies, or at best, "loss leaders" or "training" in business. And, as always, there is the endless demands of essentially volunteer parenting to invest in a future generation. And there are huge demands for community service to help less fortunate neighbors. So there are plenty of things that need doing -- even if they do not mesh well with our current economic system based around "work" performed within a bureaucracy, carefully reduced to measurable numbers (parts produced, lines of code generated, number of words written) producing rewards based on ration units (dollars).
        But then, with so much produced for so little effort, perhaps the very notion of work itself needs to change? Maybe most people don't need to "work" in any conventional way (outside of home or community activities)? ...
        But then is compulsory schooling really needed when people live in such a way? In a gift economy, driven by the power of imagination, backed by automation like matter replicators and flexible robotics to do the drudgery, isn't there plenty of time and opportunity to learn everything you need to know? Do people still need to be forced to learn how to sit in one place for hours at a time? When people actually want to learn something like reading or basic arithmetic, it only takes around 50 contact hours or less to give them the basics, and then they can bootstrap themselves as far as they want to go. Why are the other 10000 hours or so of a child's time needed in "school"? Especially when even poorest kids in India are self-motivated to learn a lot just from a computer kiosk -- or a "hole in the wall"...
        Granted if people want to send kids to a prison-like facility each day for security or babysitting, then the "free school" model makes a lot of sense for that ... and is much more compatible with democratic traditions than compulsory schools (and is even cheaper to run). And the kids and teachers are generally happier in "free schools" where they have to show up but can otherwise then spend their time as they like; and such schools also do well with "discipline problem" type kids. Just ask any teacher how much happier they would be if only the kids in their classes were the ones who wanted to be there. However, there are alternatives to "free schools" as well, but requiring more parental involvement [like unschooling]...
        So, there is more to the story of technology than it failing in schools. Modern information and manufacturing technology itself is giving compulsory schools a failing grade. Compulsory schools do not pass in the information age. They are no longer needed. What remains is just to watch this all play out, and hopefully guide the collapse of compulsory schooling so that the fewest people get hurt in the process. ...

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