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Comment Re:Irrelevant... she signed the contact... end (Score 1) 776

This is all irrelevant. She consented to have the app running as a condition of her employment, and she removed it, and got fired. This is a simple cut and dried case.

There is an area of law that states that contracts are only enforceable if they are legal and at least somewhat fair - there are things that simply cannot be signed away, as well as those that are considered unconscionable additions that have higher scrutiny by the law in order for you to do so. For example, while it is totally legal to give up your children to another (adoption, etc.), it would never be considered legally binding if a work contract had a clause in it requiring you to. Likewise a clause requiring you to perform fellatio might be upheld in a contract for a porn star - it's part of the main focus of the job - but would never be considered a valid clause for pretty much any other job out there.

Well, and think back before 'apps' and mobile/cell phones. Can anyone name a single job on the planet that required you to be radio tagged 24/7, even when off work?

We don't even need new laws to handle this (like 99% of all "new problems" that technology brings up do not require any new laws....just common sense).

Comment Re:It was an app on a WORK-Issued Phone! (Score 1) 776

This sounds like yet another "problem" that has answers in existing law. People just get all confused when it comes to tech.

It wouldn't be OK for my employer to ask me to call them and let them know where I was every 10 minutes when off work. Well, it would be, if we arranged overtime payments according to state/federal law, and we both agreed to it.

Prior to apps and mobile phones, no employer in their right mind would ask employees to wear radio tags 24/7 (like biologists do animal subjects). This is no different. And a court with any common sense should be able to see this clearly.

Comment Re:See it before (Score 1) 276

Sure, most folks just want their facebook and online shopping... most of the time. However, there is still a not-insubstantial percentage of folks who want to have a means of using their computer while it is off the network.

And there are some people for whom that is not a want but a NEED.

http://en.wikipedia.org/wiki/A...

The computer of a programmer working on the design of a new piece of classified military hardware isn't going to be able to connect to the open Internet. If the security of the system is sufficiently important, the machine may not be allowed to connect to any network at all.

And that would account for about 1% of all software in use I would guess....

Comment Re:Hardware/Software Systems (Score 1) 420

The other option is to work local - there will be always a market for small businesses/consultants catering to mom & pop businesses that need a website built, accounting or customer management system created, perhaps some reporting beyond what Excel can do. Those are too small fish for the big guys like SAP to go after and too small to be able to afford a team in India/Eastern Europe to manage their systems, not to mention that it would be really impractical. It is a large market - not everyone has to (and can) work for Facebook, Google or Microsoft today.

'work local' is what happens naturally when you work for any small/medium business, even large businesses who's primary focus is not producing software / doesn't specialize in IT.

Work for a school system/ college, hospital, agriculture/fruit warehouse, etc.. and you likely won't get outsourced. Businesses that are not devoted to just churning out software, like a hospital, still have things like "in person meetings between IT and staff":) They want you on site to explain, help, be part of the team, etc..

Comment Re:Whether the science it accurate or not... (Score 1) 525

Whether the science it accurate or not...

There is no doubt that politicians love to use this a leverage to gain more power and control over the lives of the people.

But this is one of those really important issues that conservatives should feel shamed to ignore just because they have an ingrained distrust of government and a desire to keep government small.

I feel like if we had 95% of scientists saying "hey... we see a comet headed right towards Earth", most of the conservative politicians and media would still be saying stuff like "it is still debatable", "there are two sides to this issue", "must be a conspiracy to sell comet busting tech", "the comet scientists just want more grants", etc...

Comment Re:LOL LOL OMG.. HAHAHAHA (Score 1) 553

The country is 18 trillion dollars in debt.

Being in debt is not so bad if you are making more money from the borrowed money than your debt service is costing you. The reason debt became an evil word is because most Americans use debt to buy things that they can't afford to buy outright and that decrease in value. Debt used to buy a house is not evil debt (although it hasn't paid off well in the last 10 years or so.) Debt used to pay for a vacation because you can't afford the vacation without making payments on it, is bad debt. Debt used to buy a car is bad debt unless you already had the money to pay cash for it and chose to invest that money in something that earns you more than the car loan interest rate.

Well, and none of that debt has anything to do with Government debt. Comparing government debt to household debt is what leads to very misinforming reporting on the subject. https://www.google.com/search?q=difference+between+government+debt+and+household+debt&ie=utf-8&oe=utf-8

Comment Re: "The Ego" (Score 1) 553

where do you see scandal in the Obama administration or more specifically in its foreign policy?

There is none.

The fact that he turned out to be a middle of the road, don't rock the boat, conservative democrat, hasn't stopped conservative media from describing everything Obama does as causing the end of the world.

A pretty boring presidency if you ask me. Obamacare was....well something. It was helpful to most people, harmful to a smaller number of people, and in the end may help some long term costs, but it isn't the healthcare that most liberals wanted. Obamacare is a Heritage Foundation republican plan after all......

Other than that, he continue the foreign policy as usual, ramped up drone strikes, didn't pull us out of any war zones early, but merely followed along with plans laid down during the Bush years (at least with Iraq).

He did grant some benefits/amnesty to targeted sub-groups of illegal immigrants, but then again so did....every single president for the last 45 years....

Nothing Obama has done is either exceptional or unusual. But the amount of push back from congress and conservative media (most filibustering in history) is phenomenal. Well, there is one thing that is different about him.... hmm.. what could that be.....?

Comment Re:Can he win? (Score 1) 395

And round and round we go. Every time a liberal talks about the golden 50's and unions, a conservative talks about ww2 and living in a golden age of no competition.

Both sides have a point. We did have a tremendous advantage over other countries after ww2. However, there are countries right now with much higher taxes, strong unions, and are doing well financially with high standards of living.

Of course with global trade various industries 'race to the bottom' in terms of wages / benefits. But that isn't every industry. Most remaining industries in the US would not be hurt by higher union numbers, especially jobs that cannot be outsourced, like service industry jobs. And most businesses and people would not be hurt by higher taxes around the Germany / Norway rates.

No one is suggesting returning to 90% taxes. But when billionaires have effective tax rates like 12%, yet we can't seemingly find the money to fix crumbling infrastructure, something is wrong.

Ask a poor person if they would be willing to pay 40% tax, but have free health care, free daycare, 9 months of maternity leave, top notch schools where every teaching position is coveted, has a high salary, and requires a masters degree, (See some place like Finland for example) and perhaps the "raising taxes is always bad" mentality of some poorer conservatives might change.

Comment Re:More religious whackjobs (Score 1) 286

From wikipedia:

Out of a total population of 600,000 in the islands and 155,000 registered voters, 140,000 votes were cast, the highest turnout ever in Hawaii. The vote showed approval rates of at least 93% by voters on all major islands (see adjacent figure for details). Of the approximately 140,000 votes cast, fewer than 8000 rejected the Admission Act of 1959.

Do you know the racial/ethnic breakdown of the 140,000 voters? I'm curious if it was predominantly non-native Hawaiians.

Comment Re:Try again... 4? (Score 1) 226

I'd say it's pretty fucking obvious why users think music is free. The industry is presenting it that way.

Or, people gravitate towards the natural state that music has been in for thousands of years: people pay to hear a live performances, not so much copies of the performances.

A copy of a song, just like on the radio, should serve as advertising for the artist. A live show is the work that the artist should get paid for, not an infinitely copy'able digital file.

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