In the second case, Highmark v. Allcare Health Management, the Supreme Court also noted the 'exceptional' standard in reversing the appellate court's decision but specifically ruled that appellate courts should give more deference to the lower courts on rulings of fact. In Highmark, the district court found that Allcare had engaged in a pattern of 'vexatious' and 'deceitful' conduct throughout the litigation and awarded fees. The appellate court while agreeing with the lower court about part of the case reversed the fees in their de novo review of the case. In de novo reviews, the court case is essentially retried with the higher court. The Supreme Court iterated that de novo reviews should be done typically for 'questions of law' and reviews on 'questions of fact' are done if there are clear errors with decisions on matters of discretion 'reviewable for "abuse of discretion."' In other words, the appellate courts can review a case if a lower court has not correctly interpreted law; however, they should not retry a lower case on facts unless the lower court made a clear error. Also unless the lower court abused their power in some way, the appellate court should not review their final decisions.
For example, if a person is tried for murder, an appellate court could rule that a district court misinterpreted a statute about sentencing if the person if found guilty. The appellate court should not retry the facts of the case unless the lower court had made a clear error like ruling that there was a DNA match when there was not. Also an appellate court should not reverse the lower court if they sentenced the person to a reasonable time. Now if the district court sentenced the person to 400 years for one murder, then the appellate court should intervene.
In effect the two rulings make it easier for companies to recover money should they be sued in frivolous patent lawsuits. This would make the risks greater for those who sue."
Ceph has seen wide adoption in OpenStack customer deployments, alongside Red Hat's existing Gluster system." Ceph looks pretty cool if you're doing serious storage: CERN has a 3 Petabyte "prototype" cluster in use now (Only tangentially related, but still interesting, is how CERN does storage in general).
I teach a second programming course in C++ with a heavy emphasis on the STL (containers and generic algorithms). I just wondered what people think about the situation today. Personally, I think C++11 has cleaned up a lot of problems, making it easier to use, but given all those who work with C++ for a living, I wondered what they thought today compared to then. Are people using C++11? Does it matter at all? I'd love to share the responses with my students! They are always curious about what practitioners are doing these days."
'You start by meeting Mary, project leader for a bridge in a major metropolitan area. Mary introduces you to Fred, after you get through the fifteen security checks installed by Dave because Dave had his sweater stolen off his desk once and Never Again. Fred only works with wood, so you ask why he's involved because this bridge is supposed to allow rush-hour traffic full of cars full of mortal humans to cross a 200-foot drop over rapids. Don't worry, says Mary, Fred's going to handle the walkways. What walkways? Well Fred made a good case for walkways and they're going to add to the bridge's appeal. Of course, they'll have to be built without railings, because there's a strict no railings rule enforced by Phil, who's not an engineer. ... Would you drive across this bridge? No. If it somehow got built, everybody involved would be executed. Yet some version of this dynamic wrote every single program you have ever used, banking software, websites, and a ubiquitously used program that was supposed to protect information on the internet but didn't.' Welch goes on to gripe about all the ways in which programming is almost awesome, but ends up being annoying."