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Comment: Re:Net loss, still not a profit (Score 1) 235

by TCaptain (#34836140) Attached to: Record Labels To Pay For Copyright Infringement

Well very few people or companies can pay out 50 million without calling it a loss no matter what they were doing with it. I mean, even if you have it to lose, you DON'T have it to lose, know what I mean?

However, the point stands, that 50 million has been set aside for a few years as I understand it (I could be wrong, but wasn't it set aside well before the class action started?). Even at a conservative rate of interest, that's a lot of cabbage annually.

They lose that "income" and that capital...but for the years they had it sitting there and NOT paying what they owed, they did benefit largely from their illegal conduct and as such should face much more inflated fines than they have thus far.

Comment: Re:What about the presumption of innocence? (Score 1) 1590

by The Only Druid (#32029202) Attached to: Arizona "Papers, Please" Law May Hit Tech Workers
That's never been the whole rule. You're presumed innocent as a matter of finding a verdict, but your'e not, nor have you ever been, presumed innocent as a matter of evidence gathering and investigation. This law, whether or not it is a good one, makes the correct move in requiring that the officers have some probable cause to begin investigating you (i.e. asking for papers). One question going forward is: is your skin color sufficient probable cause? If the officers think so, then that's going to be unconstitutional. However, how about if you're sitting in front of Home Depot in dirty clothes, not going in or out to buy anything. Is that probable cause to think you might be an illegal day-laborer? It's not sufficient to arrest you, but it's sufficient (most likely) for the officers to ask for your papers, i.e. to begin an investigation.

Compare it to less onerous laws. Right now, any officer in any state can ask you a question while you're walking on the street. You're entitled to ignore it and keep walking, and they can't just arrest you for that. However, let's say it is 2am and you're in a residential area. Now, the officer might have some concerns as to why you're walking around. In the interest of safety, he wants to know your name. When you're uncooperative, he might have enough probable cause to think you're there for criminal reasons. What if he sees what looks like a burglar's tool? (most states criminalize burglar tools).

If this law is enforced reasonably, it won't be trouble for anyone but criminals. If it's enforced unreasonably, it'll be wildly unconstitutional. The question is going to be the police, ultimately.

Comment: Re:Poor jerk. (Score 1) 982

by The Only Druid (#32012866) Attached to: Terry Childs Found Guilty
This is one of those situations that seems to draw out the difference between people who understand how policies work (as opposed to laws) and those who do not. A policy is an internal rule generated by an organization. Violating it exposes you to internal punishments and (in some situations) contractual civil liability. In other words, violating your policy might lead to some sort of penalty but not jail time. However, a law is above and beyond the scope of your organization, even when that organization is the government itself. The law that this idiot violated superseded the policy considerations. He was correct in his policy interpretation, I believe, but he was grossly incorrect in his legal interpretation. While the policy bound him against divulging the passwords, the law bound him against NOT divulging the passwords. He was in an ugly situation - one initiated by his boss - but this idiot is the one who broke the law to protect a policy.
Privacy

Net Users In Belarus May Soon Have To Register 89

Posted by timothy
from the not-just-register-their-displeasure dept.
Cwix writes "A new law proposed in Belarus would require all net users and online publications to register with the state: 'Belarus' authoritarian leader is promising to toughen regulation of the Internet and its users in an apparent effort to exert control over the last fully free medium in the former Soviet state. He told journalists that a new Internet bill, proposed Tuesday, would require the registration and identification of all online publications and of each Web user, including visitors to Internet cafes. Web service providers would have to report this information to police, courts, and special services.'"
Businesses

EA Shuts Down Pandemic Studios, Cuts 200 Jobs 161

Posted by Soulskill
from the say-goodnight-folks dept.
lbalbalba writes "Electronic Arts is shutting down its Westwood-based game developer Pandemic Studios just two years after acquiring it, putting nearly 200 people out of work. 'The struggling video game publisher informed employees Tuesday morning that it was closing the studio as part of a recently announced plan to eliminate 1,500 jobs, or 16% of its global workforce. Pandemic has about 220 employees, but an EA spokesman said that a core team, estimated by two people close to the studio to be about 25, will be integrated into the publisher's other Los Angeles studio, in Playa Vista.' An ex-developer for Pandemic attributed the studio's struggles to poor decisions from the management."

Comment: Re:I have a question (Score 1) 388

by The Only Druid (#28917035) Attached to: Tenenbaum Lawyers Now Passing the Hat
Admitting you did what you're accused of is admitting "guilt". This is a factual decision, and so witnesses are able to testify on that matter. "Liability", on the other hand, is legal obligation to someone else due to your guilt. It is a legal decision, and so witnesses are (generally) not supposed to testify on that matter, especially when that legal decision is the central issue of the case. The question was improper as it apparently called for something beyond the scope of the witness' testimony. I'm not sure it actually was (the issue of "I am liability" versus "I am liable" is subtle...) but that's the idea.

Comment: Re:I have a question (Score 2, Insightful) 388

by The Only Druid (#28916979) Attached to: Tenenbaum Lawyers Now Passing the Hat
(a) The whole "life sentence" concept isn't valid. By that reasoning, poor people should just commit massive financial damages against people, because they wouldn't be subject to paying those damages.
(b) He's going to just declare bankruptcy anyway, so it's rather silly as an aside.
(c) Separately, his lawyers appear to be grossly unable to handle the case; their "fair use" defense was beyond laughable, and they failed to preserve the easiest possible appeal (which would have, at least, probably allowed a retrial).

Comment: Re:What I really want to know (Score 1) 245

by TCaptain (#28716211) Attached to: Internet Astroturfer Fined $300,000

Why do you care ? What difference does it make ?

I think the point that the parent post was trying to make is that originally, the internet could have been a tool for meaningful and intelligent discourse. You know intelligent conversation? It can be enjoyable at times. Beneficial too.

The attitude shown in your post is that the internet is already meaningless and we should not care about it.

It's sad that 99.9% of forums out there are reduced to meaningless trolling, astroturfing and rampant idiocy. I find it ironic that the technological advances that brought about the internet has done more to glorify stupidity than anything in the last hundred years.

Comment: Re:The simple one. (Score 4, Interesting) 678

by The Only Druid (#27228961) Attached to: What Filters Are Right For Kids?
Blaming everyone else is bad, but you're completely inanely conflating viruses, etc. and porn.

The truth is, the best situation is to educate the child enough that they can be trusted to navigate the online world without either visiting porn inappropriately (i.e. w/ anyone else around) or downloading malware. The reality is, you have to educate children while using some protections against their mistakes.

So, teach her about sex, etc. Explain the issues as best you can, and discourage her from visiting it too much (and certainly set rules). But don't pretend she'll never check it out. The truth is, there's no harm in her checking it out occasionally.

Malware, on the other hand, is actually destructive, hence the use of spam, virus, etc. filters. So, teach her about it, hope she doesn't accidentally infect your system, but use tools to support her.

The key idea is to support your child's growth, not to restrict it.

Dennis Ritchie is twice as bright as Steve Jobs, and only half wrong. -- Jim Gettys

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