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Comment Re:How long would that last... (Score 2) 353

You can basically interpret it as "I acknowledge your communication". It is meant to convey that they are, in fact, paying attention and wish to communicate that fact, but the acknowledgement is specifically devoid of any communication regarding the interpretation or judgment of the content communicated.

Comment Re:Yeah, like the present school system is working (Score 2) 715

When it comes time for admission and staying in, a student in the top 10% of a US high school just does not have the ability to compete with his/her counterparts who come from China and India [1]. It is like someone wheelchair bound competing in a 100 yard dash against 10 Usain Bolt clones for a single spot.

What you are seeing is the effect of the top 10% of a country with 300M citizens competing agains the top 0.01% of countries with 1B+ citizens each.

Given that educational opportunity in other countries is also subject to extreme selectivity, those 0.01% have also had the benefit of superior education not just through the system provided, but also due to the peer environment. A genius in a school full of geniuses must learn to work hard to succeed as opposed to being able to coast on the momentum of inherent advantage. The benefit of developing a good work ethic manifests itself in college where even a genius has to apply themselves consistently (if not strenuously) in order to master the material being presented.

Comment Preliminary injunction (Score 1) 211

I guess it would take a litigator to notice this, but it's quite unusual that a preliminary injunction denial would be getting this kind of appellate attention.

In the first place, it was unusual for an interlocutory appeal to be granted from the denial of the preliminary injunction motion. In federal court usually you can only appeal from a final judgment.

Similarly, apart from the fact that it's always rare for a certiorari petition to be granted, it's especially tough where the appeal is not from a final judgment, but just from a preliminary injunction denial which does not dispose of the whole case.

Comment Re:Why couldn't he say this 10 years ago? (Score 1) 341

Maybe if someone actually spoke the truth while in office the problems plaguing our government would have a better chance of being addressed.

No, but this is probably difficult to understand until you've held or are qualified to hold a position of significant accountability and independent authority. At the level of executive leadership, you have to be cognizant of the consequences--especially with respect to your responsibilities.

Essentially, the problem in this case boils down to the fact that speaking candidly as he is doing now would have destroyed his ability to be an effective Secretary of Defense, as the little cooperation he was getting from Congress and the Whitehouse would have evaporated in an instant. It therefore would have been an irresponsible thing to do while he held that position.

The logic goes something like this:

  • - If I am going to prosecute a PR battle with powerful but corrupt/petty/incompetent politicians and bureaucrats, it will do no good unless I win
  • - In order to win a PR battle with professional popularity contest winners and influence brokers, I will need to devote all of my energy to the effort. Failure is still probable.
  • - Even if I win, is the resulting good still worth the opportunity cost related to the list of tasks T that I have allowed to lapse in the meantime? (hint: the answer is 'no' when T == 'stuff the US Secretary of Defense is supposed to be doing').

The responsible thing to do is to pour your energy into fulfilling your responsibilities. If you do not feel that you can fulfill them adequately, resign (after some due dilligence to ensure sufficient continuity in the organization). Wait a while before commenting on your past position and its challenges, as doing so immediately upon resignation is likely to poison the well for your successor. These are the actions of someone focused on doing the best thing to fulfill the responsibilities of the role--up to and including self-removal therefrom if the logical conclusion is that they are not able to effectively do the job.

If you feel that the role of critic is more important than the role you were given, you should not have accepted it in the first place and instead applied to become a journalist/commentator.

Transportation

NY Police Get Tall SUVs To Combat Texting While Driving 319

coondoggie writes "The New York State Police have a new weapon to fight the plague of drivers that insist on texting while operating their vehicle: tall SUVs. Most recently reported by the AP, NY has begun operating a fleet of 32 unmarked SUVs that let troopers more easily peer down into a car to see if the driver is texting or not. 'Major Michael Kopy, commander of the state police troop patrolling the corridor between New York City and Albany, quoted a Virginia Tech study that found texting while driving increased the chance of a collision by 23 times and took eyes off the road for five seconds — more than the length of a football field at highway speed. Kopy worries that as teens get their driver's licenses, texting on the road will become more prevalent. "More people are coming of driving age who have had these hand-held devices for many years, and now as they start to drive, they're putting the two together, texting and driving, when they shouldn't."'"

Submission + - Google Books case dismissed on Fair Use Grounds

NewYorkCountryLawyer writes: In a case of major importance, the long simmering battle between the Authors Guild and Google has reached its climax, with the court granting Google's motion for summary judgment, dismissing the case, on fair use grounds. In his 30-page decision (PDF), Judge Denny Chin — who has been a District Court Judge throughout most of the life of the case but is now a Circuit Court Judge — reasoned that, although Google's own motive for its "Library Project" (which scans books from libraries without the copyright owners' permission and makes the material publicly available for search), is commercial profit, the project itself serves significant educational purposes, and actually enhances, rather than detracts from, the value of the works, since it helps promote sales of the works. Judge Chin also felt that it was impossible to use Google's scanned material, either for making full copies, or for reading the books, so that it did not compete with the books themselves.

Submission + - Aereo required to testify about non-public patent info

NewYorkCountryLawyer writes: In ABC v Aereo, a copyright infringement action against Aereo, the Magistrate Judge has overruled Aereo's attorney/client privilege objection to being forced to divulge non-public details about its patented technology. In his 15 page decision (PDF) he ordered the continued deposition of the company's CTO and CEO about their patent applications. My gut reaction is that this sets a very dangerous precedent, giving the big copyright plaintiffs yet another 'in terrorem' device to use against technology startups — the power to use the lawsuit as a chance to delve into a defendant's non-public tech secrets.

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