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Comment: Rights (Score 1) 651

by Etherwalk (#44040487) Attached to: Supreme Court Decides Your Silence May Be Used Against You

So rights are a privilege now to be dictated by loose wording and interpretation...fuck. that. shit....oh wait...should be old news in light of all the other bullshittery USDOJ spews.

This has always been the case, and it has far more to do with individual state police forces and prosecutors than with the DOJ.

A cop on the street is not spending his time thinking "I want to maximize bad guy X's rights." He is thinking "X is a bad guy, so I want to find out about the crime and throw him away."

All that rights do is they give the cop a script he has to follow if he wants a conviction. If he does not follow the script, or if there is something missing that he needs for the script and he is unwilling to lie, then the case can be thrown out, and bad guy X is on the street. It's like giving a scientist a lab protocol.

So it's far better than not having rights, because (1) it regiments police behavior to some degree (2) it slightly reduces the consequences of abuse of power and (3) you can learn the script and how to use it to minimize harm. But that doesn't mean it makes sense, just that it's a lot better than it is in many places in the world.

Of course, cops lie. That's a part of their job. And juries tend to believe cops more than criminals. Which is stupid but true. So it's a pretty terrible system, but rights can still be useful.

Comment: Re:property rights and responsiblities (Score 1) 584

by Etherwalk (#44030457) Attached to: Canadian Couple Charged $5k For Finding 400-Year-Old Skeleton

Yup. File a lawsuit. That's the answer for everything today. How DARE that surveyor not notice that something was buried on the property 400 years ago? The sad fact is that people like you think of solutions like that, and would have no trouble whatsoever in finding a sleazbag lawyer willing to take the case (for a percentage).

Lawsuits exist for when there is a legitimate dispute between two people or organizations, because it's better than "finders, keepers." Here, a surveyor's is probably going to win any lawsuit unless he really should have known that something was buried there 400 years ago, like there was a giant "X" marking the spot with a headstone on it.

The only real problem is when the transaction costs of the lawsuit are too high for it to be worth defending. That's a price we pay for having a system better than "finders, keepers." And it is somewhat mitigated by insurance.

Comment: Re:Not Exactly Unanimous (Score 1) 209

by Etherwalk (#44001993) Attached to: Supreme Court: No Patents For Natural DNA Sequences

"On information and belief" means something entirely different, and is mostly used when filing an affidavit or complaint and there is some fact of which one is reasonably sure but lacks direct knowledge.

You are interpreting his statement to have one meaning, but he was not clear enough to be certain that it is the correct one. "I am unable to affirm those details [of molecular biology] on my own knowledge or even my belief" can be read as implying that he does not believe them, as it is very unusual for an opinion to say something like that about a statement of facts, even in a technical area. In any event, that is how many people are considering it, and I have heard a number of people suggest that it is one of the "stupidest" concurrences they have ever read. As I said, I think these people are being anti-Scalia as opposed to really critiquing the opinion, but without more exposition it can definitely be read as anti-science, since it is saying "I'm not sure about all these decades of established science."

Comment: Not Exactly Unanimous (Score 2) 209

by Etherwalk (#43998349) Attached to: Supreme Court: No Patents For Natural DNA Sequences

Mostly Unanimous. Justice Scalia wrote a brief concurrence that, depending on how it read, suggests he doesn't believe in molecular biology. I am giving him the benefit of the doubt and assuming he is just trying to say that SCOTUS should avoid pronouncing scientific facts in binding legal opinions.

JUSTICE SCALIA, concurring in part and concurring in the judgment. I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in
nature.

Comment: Bias reflects reliability, not accuracy (Score 1) 113

by Etherwalk (#43991923) Attached to: Genomics Impact On US Economy Approaches $1 Trillion

It's a clear implication of the post. Are retarded or just being intentional dense?

(1) Not at all, it is indicated the report is biased and less reliable than an unbiased report. Whether it is accurate is an entirely different question than whether it is biased. An alleged murderer may have his mother testify that he was home with her at the time of the murder, for example, and her testimony is biased and therefore less reliable regardless of whether it is accurate.

(2) Ad hominem attacks are not nerdly.

Comment: Re:There goes another Swiss Army knife (Score 2) 298

by Etherwalk (#43919331) Attached to: TSA Decides Against Allowing Small Knives On Aircraft

They should just charge a $5 fee and mail it to you if you don't want it destroyed.

It is kind of silly, though. Post 911, nobody can take over a plane with a few knives. The only reason to not allow them is that they can result in more injuries on a plane, but that seems so unlikely as to not be terribly persuasive.

I once walked into a secure federal building with a knife by accident; the guards thought about it and then didn't care. Which is really the right result.

+ - China Criticizes US For Making Weapons Plans Stealable, Alleges Attacks.->

Submitted by Etherwalk
Etherwalk writes "Huang Chengqing, director of the National Computer Network Emergency Response Technical Team/Coordination Center of China, alleged that United States cyber-attacks on China have been as serious as those on the United States. In response to the recent hacks of United States military designs, he replied with an observation whose obviousness is worthy of Captain Hammer: "Even following the general principle of secret-keeping, it should not have been linked to the Internet.""
Link to Original Source

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