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Comment Re:so, basically they are saying... (Score 1) 203

Sometimes there are multiple cases which offer similar questions but different facts. If they pick one case that has a lot of complicating factors, where they might not even be able to get to the main question they want to answer because an "easier" solution comes up to get rid of the problem, that's an ineffective use of the court's time. Better to take the case that gets to the heart of the question and ensure that they can actually be effective.

Comment An easily disproven claim (Score 2) 44

I remember checking into the claim of a security change when the claim was first made. It was easily disproven by checking my Facebook E-mail notifications from 2007. Every message that had been identified as a private message was not on my wall, and every message that was on my wall had been identified as a wall post.

Comment Re:No precedential force (Score 1) 775

It should also be noted that Costco only loses this particular defense. The case now resumes back in the District Circuit, where Costco can raise other defenses to Omega's claims. Any of those other defenses could potentially save them, but of course the District Court's rulings on whether those defenses may be used can be appealed to the Ninth Circuit and potentially the Supreme Court again.

And once all of these preliminary matters have been heard, then the actual trial will begin, and whichever side loses can appeal the decision in the case up to the Circuit Court, and even the Supreme Court.

davidh
Google

Submission + - Google Wave to Live On as 'Wave in a Box' (infoworld.com)

snydeq writes: "Google Wave will morph into an application bundle for real-time collaboration, according to a blog post by Google Wave engineer Alex North. 'We will expand upon the 200K lines of code we've already open sourced (detailed at waveprotocol.org) to flesh out the existing example Wave server and Web client into a more complete application or "Wave in a Box,"' North said, adding that the future of the recently flat-lined Google service will be 'defined by your contributions. We hope this project will help the Wave developer community continue to grow and evolve,' he said."
Idle

Submission + - Cheerleader Wins Libel Suit... By Suing Wrong Site (techdirt.com)

An anonymous reader writes: It appears that Cincinnati Bengals cheerleader Sarah Jones and her lawyer were so upset by a comment on the site TheDirty.com that they missed the "y" at the end of the name. Instead, they sued the owner of TheDirt.com, whose owner didn't respond to the lawsuit. The end result was a judge awarding $11 million, in part because of the failure to respond. Now, both the owners of TheDirty.com and TheDirt.com are complaining that they're being wrongfully written about in the press — one for not having had any content about Sarah Jones but being told it needs to pay $11 million, and the other for having the content and having the press say it lost a lawsuit, even though no lawsuit was ever actually filed against it.

Submission + - GPS Tracking Without a Warrant Declared Legal (yahoo.com) 2

jnaujok writes: The Ninth Circuit court has declared that attaching a GPS tracker to your car, as it sits in your driveway, or, by extension on a public street, and then using it to monitor every one of your movements, is totally legal, and can be performed by the police without needing a warrant. So, if you live in the Western United States, big brother has arrived.

Comment Re:Incoming 1st Amendment Challenge (Score 1) 587

The main problem with the Illinois law is not that it limits free speech, but that it is ex-post facto sentencing.

No, it's not. From the text of the law (Public Act 096-0262):

[730 ILCS 5/3-3-7(a) ...] The conditions of every parole and mandatory supervised release are that the subject:
[...]
(7.12) if convicted of a sex offense [...definition location...] committed on or after the effective date of this amendatory Act of the 96th General Assembly, refrain from accessing or using a social networking website [...definition location...];

[730 ILCS 5/5-6-3(a)] The conditions of probation and of conditional discharge shall be that the person:
[...]
(8.9) if convicted of a sex offense [...definition location...] committed on or after the effective date of this amendatory Act of the 96th General Assembly, refrain from accessing or using a social networking website [...definition location...];

[730 ILCS 5/5-6-3.1] (s) An offender placed on supervision for a sex offense [...definition location...] committed on or after the effective date of this amendatory Act of the 96th General Assembly shall refrain from accessing or using a social networking website [...definition location...].

There is nothing ex post facto about this law. It only applies to people who are convicted of crimes committed after the law takes effect.

davidh

Comment Re:DB indexed on the wrong key, obviously ... (Score 2, Insightful) 299

when a 1500 page bill lands on a congresscritter's desk 2-3 days before the vote, what do you expect?

I expect them to vote "No", on the grounds that they don't know whether it's a good bill or not. Sure, whoever gave them the document said it was a good bill, but a Congressman should know better than to trust another Congressman.

davidh

Comment Re:Imperial measurements are for song lyrics *only (Score 1) 901

"Driving speeds are in KM/H and distances in KM and meters, but western Canada was surveyed in miles, so we have mile roads, townships, acres, etc."

Fascinating... Canada has its own unique unit, the township, which apparently isn't in use anywhere else. In the US, a township is a political or organizational area which may be of any size. Actually, it looks like it is that way in much of Canada as well; it's only in a few provinces where "township" refers to a 6 mi × 6 mi square.

davidh

Comment Re:wow (Score 5, Informative) 483

"why is this coming up now?"

Because a recent novel trilogy—Crucible by David R. George, III—was based significantly on that episode (among others). The books came out in late 2006, and Harlan announced at that time that he was planning to sue Pocket Books/Paramount to either scrap the books or get gobs of money.

As for why it took two and a half years from "I'll sue!" to actually suing, I'd imagine that his lawyer(s) tried negotiating with Paramount/Pocket first.

davidh

Comment Re:Too right! (Score 1) 512

"It changes how they define planets. They have created a new piece technical legal jargon, 'planet.' All this means is that when you are talking to the government, and in the far-fetched situation where the word 'planet' comes up, you and the government are speaking a different language."

Actually, it means that astronomers and the Illinois government are speaking a different language. People are free to use the word "planet" as it's defined in the English language, and don't have to use it in the way that a small group of scientists use it, nor in the way that a small group of politicians use it.

If the Illinois government used the word "planet" around me, they'd be using it the same way that I do.

davidh

Comment Gmail crashed for me on January 1... (Score 1) 480

It may just be a coincidence, but my Gmail account became "disabled" on January 1. When I tried to log in the evening of the 1st, it came back with the message "Sorry, your account has been disabled. [?]". The question mark was a link to instructions on how to re-enable it, but those instructions are apparently out of date. They say that if your account is disabled, you can enter your username and password, and you'll be presented with a CAPTCHA; if you enter that, you'll be allowed to log in. However, I was never presented with a CAPTCHA, so I can't complete the steps.

Has this Gmail outage affected anybody else? Is this a repeat of the December 6th outage, or is it just me?

davidh

The Internet

Is Virtual Rape a Crime? 690

cyberianpan writes "Wired is carrying commentary on the story that Brussels police have begun an investigation into a citizen's allegations of rape in Second Life. For reasons of civil liberty & clarity we'd like to confine criminal law to physical offenses rather than thought crimes but already threats, menace & conspiracy count as crimes. Could we see a situation where our laws extend?"

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