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Comment Re:No precedential force (Score 1) 775

It should also be noted that Costco only loses this particular defense. The case now resumes back in the District Circuit, where Costco can raise other defenses to Omega's claims. Any of those other defenses could potentially save them, but of course the District Court's rulings on whether those defenses may be used can be appealed to the Ninth Circuit and potentially the Supreme Court again.

And once all of these preliminary matters have been heard, then the actual trial will begin, and whichever side loses can appeal the decision in the case up to the Circuit Court, and even the Supreme Court.

davidh

Submission + - DHS Requires Your Travel Plans 72 Hours in Advance (aa.com) 9

corbettw writes: "I haven't seen this anywhere yet. I got an email from American Airlines detailing a new requirement imposed on them by the Department of Homeland Security. Starting November 1, all passengers in the US will have to submit their personal information (including full name, date of birth, and gender) to DHS, through their airline or travel agent, at least 72 hours in advance. This means you can no longer fly anywhere in the US with less than three-days notice. Did your mother have a stroke and you have to rush to be by her side? Too bad. What about that client two states over who needs some facetime or else they'll bolt to your competitor? Kiss them good-bye. Or do you just want to go to Vegas and have a wild weekend on the spur of the moment? Well, maybe next weekend, instead. Don't you feel so much safer now?"
Google

Submission + - Google Wave to Live On as 'Wave in a Box' (infoworld.com)

snydeq writes: "Google Wave will morph into an application bundle for real-time collaboration, according to a blog post by Google Wave engineer Alex North. 'We will expand upon the 200K lines of code we've already open sourced (detailed at waveprotocol.org) to flesh out the existing example Wave server and Web client into a more complete application or "Wave in a Box,"' North said, adding that the future of the recently flat-lined Google service will be 'defined by your contributions. We hope this project will help the Wave developer community continue to grow and evolve,' he said."
Be

Submission + - 500K Text Messages Reveal Nation's Mood on 9/11 (pbs.org)

tcd004 writes: The PBS NewsHour reports that German researchers analyzed 500,000 text messages sent on Sept. 11, 2001, and created an hour-by-hour psychological profile Americans on that day. The pager text messages, which were posted to Wikileaks in 2009, were analyzed for words that correlated to sadness, anxiety and anger. The results show that words related to anger dominated communications as the day wore on. The study was published in the Journal of Psychological Science.
Idle

Submission + - Cheerleader Wins Libel Suit... By Suing Wrong Site (techdirt.com)

An anonymous reader writes: It appears that Cincinnati Bengals cheerleader Sarah Jones and her lawyer were so upset by a comment on the site TheDirty.com that they missed the "y" at the end of the name. Instead, they sued the owner of TheDirt.com, whose owner didn't respond to the lawsuit. The end result was a judge awarding $11 million, in part because of the failure to respond. Now, both the owners of TheDirty.com and TheDirt.com are complaining that they're being wrongfully written about in the press — one for not having had any content about Sarah Jones but being told it needs to pay $11 million, and the other for having the content and having the press say it lost a lawsuit, even though no lawsuit was ever actually filed against it.
IBM

Submission + - IBM Sued by Rambus (zacks.com)

rexjoec writes: International Business Machines Corp. (IBM) was sued by chip designer Rambus Inc. challenging the ruling given by the U.S Patent and Trademark Office in favor of IBM in a patent infringement case.

Submission + - Election Observer Claims E-Voting Felony In AZ (techdirt.com) 2

An anonymous reader writes: Jim Marsh, while observing the process by which mail-in votes are counted in Maricopa County, Arizona, says that he spotted a clear felony, in that an employee from Sequoia Voting Systems, had hooked up his internet connected laptop directly to the central tabulator machine via an ethernet cord. As Marsh notes: "By law, the central tabulator system on what's supposed to be an isolated local network is completely unpatched — it's not allowed to be modified in any way since the day it shipped in 2006 or 2007. Even if the Sequoia tech didn't cross-connect the cellmodem to the Ethernet (and both appeared to be live), he could have easily "pwned" the "secure" systems with any number of ancient script-kiddy exploits."

Submission + - GPS Tracking Without a Warrant Declared Legal (yahoo.com) 2

jnaujok writes: The Ninth Circuit court has declared that attaching a GPS tracker to your car, as it sits in your driveway, or, by extension on a public street, and then using it to monitor every one of your movements, is totally legal, and can be performed by the police without needing a warrant. So, if you live in the Western United States, big brother has arrived.

Submission + - Wikileaks releases CIA document (wikileaks.org)

Somewhat Delirious writes: Wikileaks has just released a document from the CIA which expresses worries that the perception of the United States as an exporter of terrorism may lead to barriers to extrajudicial judicial activities of the American intelligence services abroad: "If the US were seen as an exporter of terrorism, foreign partners may be less willing to cooperate with the United States on extrajudicial activities, including detention, transfer, and interrogation of suspects in third party countries."

It also shows how the US forces other countries into bilateral agreements to insure immunity for US citizens from International Criminal Court prosecutions: "Foreign perception of the US as an “exporter of terrorism” also raises difficult legal issues
for the US, its foreign allies, and international institutions. To date, the US is not a signatory to the International Criminal Court (ICC) and instead, has pursued Bilateral Immunity Agreements (BIAs) with other countries to ensure immunity for US nationals from ICC prosecution. The US has threatened to terminate economic aid and withdraw military assistance with countries that do not accede to BIAs."

Comment Re:Incoming 1st Amendment Challenge (Score 1) 587

The main problem with the Illinois law is not that it limits free speech, but that it is ex-post facto sentencing.

No, it's not. From the text of the law (Public Act 096-0262):

[730 ILCS 5/3-3-7(a) ...] The conditions of every parole and mandatory supervised release are that the subject:
[...]
(7.12) if convicted of a sex offense [...definition location...] committed on or after the effective date of this amendatory Act of the 96th General Assembly, refrain from accessing or using a social networking website [...definition location...];

[730 ILCS 5/5-6-3(a)] The conditions of probation and of conditional discharge shall be that the person:
[...]
(8.9) if convicted of a sex offense [...definition location...] committed on or after the effective date of this amendatory Act of the 96th General Assembly, refrain from accessing or using a social networking website [...definition location...];

[730 ILCS 5/5-6-3.1] (s) An offender placed on supervision for a sex offense [...definition location...] committed on or after the effective date of this amendatory Act of the 96th General Assembly shall refrain from accessing or using a social networking website [...definition location...].

There is nothing ex post facto about this law. It only applies to people who are convicted of crimes committed after the law takes effect.

davidh

Comment Re:DB indexed on the wrong key, obviously ... (Score 2, Insightful) 299

when a 1500 page bill lands on a congresscritter's desk 2-3 days before the vote, what do you expect?

I expect them to vote "No", on the grounds that they don't know whether it's a good bill or not. Sure, whoever gave them the document said it was a good bill, but a Congressman should know better than to trust another Congressman.

davidh

Comment Re:Imperial measurements are for song lyrics *only (Score 1) 901

"Driving speeds are in KM/H and distances in KM and meters, but western Canada was surveyed in miles, so we have mile roads, townships, acres, etc."

Fascinating... Canada has its own unique unit, the township, which apparently isn't in use anywhere else. In the US, a township is a political or organizational area which may be of any size. Actually, it looks like it is that way in much of Canada as well; it's only in a few provinces where "township" refers to a 6 mi × 6 mi square.

davidh

Comment Re:wow (Score 5, Informative) 483

"why is this coming up now?"

Because a recent novel trilogy—Crucible by David R. George, III—was based significantly on that episode (among others). The books came out in late 2006, and Harlan announced at that time that he was planning to sue Pocket Books/Paramount to either scrap the books or get gobs of money.

As for why it took two and a half years from "I'll sue!" to actually suing, I'd imagine that his lawyer(s) tried negotiating with Paramount/Pocket first.

davidh

Comment Re:Too right! (Score 1) 512

"It changes how they define planets. They have created a new piece technical legal jargon, 'planet.' All this means is that when you are talking to the government, and in the far-fetched situation where the word 'planet' comes up, you and the government are speaking a different language."

Actually, it means that astronomers and the Illinois government are speaking a different language. People are free to use the word "planet" as it's defined in the English language, and don't have to use it in the way that a small group of scientists use it, nor in the way that a small group of politicians use it.

If the Illinois government used the word "planet" around me, they'd be using it the same way that I do.

davidh

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