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Comment A Law Student's thoughts: (Score 5, Informative) 137

Disclaimer: While I am an Australian law student, I've only read the summary of the decision, (c'mon, it's 200 pages), nor have I studied IP Law.

However, I do have a year of Law school behind me, so:

  - Australian law makes a distinction between findings of fact (i.e. John stabbed Mary) and findings of law (i.e. law x says stabbing is illegal). Findings of law can be appealed (you can argue the judge misinterpreted the law), but it's *much* harder to appeal a finding of fact. AIUI, there aren't many findings of fact in this case: the Justice found that Malone was a credible witness as a matter of fact, but the rulings on which the case was founded (i.e. that BitTorrent is the means of infringement, as opposed to the internet) are all findings of law.
  * tl;dr => Most of the ruling could be overturned on appeal.

  - The case was decided by a single judge of the Federal Court. That means that, IIRC, it will be appealed to the full court of the Federal Court (3+ judges). From that, it could be appealed to the High Court. (The highest court in Australia; equivalent to the Supreme Court in the US)
  * tl;dr => The appeal may not be the last, there could be another.

  - I'm not going to venture an opinion on the outcome of the appeal; I don't know enough. I also haven't been able to find AFACT's grounds of appeal; if I can I might be able to shed some more light on the possible success.
  * tl;dr => Who knows what will happen?

  - Ultimately, AFACT and their lobbyists will likely convince the politicians to change the law, whatever the outcome. This will probably suck - Aussie Communications Ministers traditionally do an average to poor job regardless of political persuasion. (examples include: mandatory filtering, "World's Greatest Luddite")
  * tl;dr => What ever happens, we're probably screwed because of politics.
Earth

Utah Assembly Passes Resolution Denying Climate Change 787

cowtamer writes "The Utah State Assembly has passed a resolution decrying climate change alarmists and urging '...the United States Environmental Protection Agency to immediately halt its carbon dioxide reduction policies and programs and withdraw its "Endangerment Finding" and related regulations until a full and independent investigation of climate data and global warming science can be substantiated.' Here is the full text of H.J.R 12." The resolution has no force of law. The Guardian article includes juicy tidbits from its original, far more colorful, version.
Software

Are All Bugs Shallow? Questioning Linus's Law 596

root777 writes to point out a provocative blog piece by a Microsoft program manager, questioning one of the almost unquestioned tenets of open source development: that given enough eyeballs, all bugs are shallow. Are they? Shawn Hernan looks at DARPA's Sardonix experiment and the Coverity static-analysis bug discovery program in open source projects to conclude that perhaps not enough eyeballs are in evidence. Is he wrong? Why? "Most members of the periphery [those outside the core developer group] do not have the necessary debugging skills ... the vast numbers of 'eyeballs' apparently do not exist. ... [C]ode review is hardly all that makes software more secure. Getting software right is very, very difficult. ... Code review alone is not sufficient. Testing is not sufficient. Tools are not sufficient. Features are not sufficient. None of the things we do in isolation are sufficient. To get software truly correct, especially to get it secure, you have to address all phases of the software development lifecycle, and integrate security into the day-to-day activities."
Businesses

Submission + - Handling Interviews after being a Fall Guy

bheer writes: "Salon's Since You Asked column is carrying an interesting question right now — what do you say in interviews after getting fired as a fall guy at your last job? Cary Tennis, who writes the column, admits he may not be the best person for this sort of question. So I thought I'd ask Slashdotters what they thought about this. Software developers are sometimes able to get away blaming the business requirements/analysis process, but anyone with any experience in this business probably has had nightmares about being the fall guy and may even have a strategy or two up their sleeve. How would deal with being in such a crummy position?"

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