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Comment Re:Sovereign Immunity might bar the lawsuit (Score 1) 170

It does and it does not. You can sue the state to change its practices, but you cannot sue for money damages.

Unless you sue under a specific federal statute that allows money damages. One such example is Section 1983—a statute specifically designed to allow folks to sue for violations of civil rights and receive money damages. (Prior to this, you could sue and win, but all you'd get was a change in behavior.

There is no similar statute for copyright. At best the plaintiffs can stop the behavior, but they cannot get money damages in these cases.

Comment Sovereign Immunity might bar the lawsuit (Score 2) 170

You can't sue a State or the federal government unless they specifically allow it. Some States might allow their state universities to be sued, but most do not. There is already caselaw involving courts upholding sovereign immunity in these kinds of cases.

Might be a bit of a stumbling block in regards to suing the entities under the state sovereign immunity umbrella.

Comment Re:Usual "asking legal advice on Slashdot" post (Score 1) 519

Logic is one thing. Soundness is another. Your claim that the system fails you because the judge didn't believe you that the other side was lying is hollow.

A judge cannot, and should not, take your word on face value. There must be more than opinion evidence by one side to sustain a claim.

Did you prove the company was lying? It is one thing to know the company is lying and quite another to be capable of proving the lie.

And small claims is less formal, but that doesn't mean there aren't rules. You still have to make your basic case that all the elements of the claim exist (did you even check to see what those elements might be?) and you still have to present admissible evidence to prove your claim.

Did you do that? Do you even know what this means?

Here's another tip: Next time go to the courthouse library and read up on the procedures of the small claims court you want to bring a lawsuit in. Also, read up on the rules of evidence a bit. You need to have a basic understanding of them (i.e., what hearsay is generally), but the judges tend to help pro se folks along in small claims much more than they do in other courts.

In short, your complaints about the system appear to be based more out of annoyance at losing and ignorance of how it works. Yet, you blame the system and lawyers for your loss and your ignorance.

As Walter Sobchak said in The Big Lebowski: schwinn8, this isn't 'Nam. This is a court of law. There are rules.

Comment Re:Usual "asking legal advice on Slashdot" post (Score 1) 519

Consumers have less protections in countries like the UK where there are loser pay systems. The only recourse for consumers in such systems is government regulation providing protection. This usually comes after the fact, however, and adds burdens to the legal system in different ways.

In short, your silver bullet is anything but. Your attempt at fixing a cost problem merely shifts the costs to other parties. Laws of unintended consequences, and all.

Comment Re:Usual "asking legal advice on Slashdot" post (Score 1) 519

If you had hired a competent lawyer then the lawyer could have forced the company to produce the contract. (And forced the judge to play by the rules.)

The problem you have is that you thought you could use logical arguments to win. You can, but you have to structure those logical arguments through a specific legal system.

Think of a basic logical argument. A > B. B > C. Therefore, A > C. Simple. Easy. Logical.

Except if you want to make the argument, you have to know how to prove A > B. And prove B > C.

If you don't know the mechanisms the law allows to make these proofs, then the logical of the argument is valid, but your proof is unsound because you can't back up the underlying assumptions.

A lawyer should be trained to know how to get evidence into the record to do this. (Some forget their training, though, and some never got it.) Further, a good trial lawyer will know the best ways to present the evidence to the fact finder (judge or jury) so that not only will the evidence support the logical assumptions, but the evidence will support it in the strongest possible manner.

Another way to look at it is that you simply don't know the structural rules. It's like showing up to a baseball game expecting it to be played by football rules. The underlying logic of how you win—score more than the other guys—is valid, but the ways you get to that result are different.

Finally, just because small claims court is easier for non-lawyers (by reducing the amount and types of procedural rules), that doesn't mean the law changes. You still have requirements that must be met to sustain a legal case against another party. If it was really important, you should have sought legal advice.

As for lawyers not taking your case—that I can sympathize against. I can say I've taken small claims cases for cheap, in part to help folks out and less to make money, but many lawyers won't. This is for two reasons: (1) the money isn't much and (2) many lawyers feel less comfortable in small claims than in higher courts (because there are different rules).

Comment Re:Punish Trolls (Score 1) 209

Trademarks are not about common use but, rather, about how consumers will identify the mark. If the mark makes consumers think of the company claiming the mark then it can be registered.

Your argument that Bitcoin is a 'thing' is an argument that it is a generic term. This isn't really a good argument for Bitcoin because it's not generic. It is not really descriptive, either. It's more suggestive. This is neither the weakest nor the strongest type of mark. (There is a spectrum, in order of weakness to strength: generic, descriptive, generic, fanciful or arbitrary.)

The real reason why Bitcoin shouldn't be registered is that it fails to be a source indicator for any one entity. If I say Bitcoin, do you think of a company? No.

Comment Re:Punish Trolls (Score 3, Informative) 209

Registering a trademark isn't necessary. It's never been necessary. International laws have not changed trademarks like they have changed copyright.

Even a registered trademark can be restricted geographically. An example is Waffle House. Waffle House is a chain of diner-like restaurants in the Southeast US. It has a federal mark for 'Waffle House.' However, a chain of Waffle House restaurants geographically located in Indiana (or Illinois, can't remember exactly) had used the mark in that geographic location prior to Waffle House seeking the federal registration.

The result is that Waffle House cannot use the Waffle House name for its restaurants in Indiana because of the already-existing Waffle House restaurants. Instead, it goes by Waffle Steak.

Submission + - HP programs printers to streak photos

jerry-VA writes: "HP works hard to frustrate customers. Firmware in the HP Photosmart 8450 is programmed to streak 8x10 photos with a cartridge perfect in all ways but one: you refilled it. 4x5 prints are not affected. After LOI (Level of Ink) is dead-reckoned to zero, the USEd bit goes true and nozzles will be sequenced off to simulate cartridge failure. The streak start points are not yet randomized. Never removing a cartridge with power on postpones the firmware's decision to punish the customer. Once a cartridge is tagged "depleted" or "defective", at least 3 more cartridges must be cycled through installation to overflow the cartridge serial number log. IMHO, high profit margins for ink and low or negative ones for hardware have stalled printer development. Most inkjets have none of the feedbacks and sensors that have made Xerox technology nearly flawless since the first 914s went up in flames 50+ yrs ago (fire extinguisher beneath the cabinet doors)."
Security

Submission + - Stripping DRM from OverDrive Media Console EPUBs (geek-republic.com)

An anonymous reader writes: In a 3 part article, Geek Republic guest writer Armin Tamzarian dissects the OverDrive Media Console and its Adobe ADEPT DRM scheme. He discovers that previously crafted tools used for stripping DRM from EPUB files do not work correctly, as OverDrive is using a non-compliant variation of the technology in order to deliver offline reading. By exploiting this misuse of the technology he is able to craft another tool named OMCstrip, which easily removes all protections from OverDrive distributed Ebooks.
Google

Submission + - Google Redirects Traffic to Avoid Kazakh Demands (wsj.com)

pbahra writes: "Google has rejected attempts by the Kazakh government "to create borders on the web" and has refused a demand to house servers in the country after an official decree that all Internet domains ending with the domain suffix for Kazakhstan ,".kz", be domestically based. Bill Coughran, Google senior vice president said in his blog that from now on, Google will redirect users that visit google.kz to google.com in Kazakh:" We find ourselves in a difficult situation: creating borders on the web raises important questions for us not only about network efficiency but also about user privacy and free expression. If we were to operate google.kz only via servers located inside Kazakhstan, we would be helping to create a fractured Internet." Mr. Coughran said that unfortunately, it would mean that Kazakh users would have a poorer experience as results would no longer be customized for the former Soviet republic."
Power

Submission + - Could the US phase out nuclear power? (csmonitor.com)

mdsolar writes: "In the wake of the Fukushima nuclear disaster in Japan, [German Chancellor] Merkel announced that her country would close all of its 17 existing reactors by 2022. Other nations, including Japan, Italy, and Switzerland, have announced plans to pare back nuclear power, but none have gone as far as Germany, the world’s fourth-largest economy. Merkel vows to replace nuclear power with alternatives that do not increase greenhouse gases or shackle the economic growth.

Could the US do the same? An increasing number of reports suggest it is not beyond the realm of possibility, and Germany could provide a road map."

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