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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Canada - Supreme Court's Common Sense Cans Conviction
Authored by: Anonymous on Friday, October 26 2012 @ 03:14 PM EDT
Canada's top court has overturned the impaired driving conviction of a Quebec man who fell asleep in his truck, which was parked and idling.

---

In its decision, the court said trial judges "must examine all of the relevant evidence ... including whether the accused took care to arrange an alternate plan to ensure his safe transportation home."

The court also said the judge who acquitted Boudreault "found as a fact that there was no realistic risk of danger."

CBC News

---

Decision

Citation: R. v. Boudreault, 2012 SCC 56
Date: 20121026
Docket: 34582

[ Reply to This | Parent | # ]

"open and hackable" android tablet
Authored by: Anonymous on Friday, October 26 2012 @ 06:40 PM EDT
Zareason at http://zareason.com/shop/zatab.html offers an "open and
hackable" Android tablet, with unlocked bootloader
and root access.

--Peter Traneus Anderson

[ Reply to This | Parent | # ]

United States Copyright Office: Ripping is Illegal
Authored by: Anonymous on Friday, October 26 2012 @ 10:24 PM EDT
Public Knowledge requested an exemption that would allow people to rip DVDs they already own in order to transfer the movie to a device that cannot play DVDs (like a tablet).

That request was rejected. Furthermore, the Register and the Librarian explained that they were unconvinced that space shifting was fair use at all.

Michael Weinberg, Public Knowledge

[ Reply to This | Parent | # ]

  • WRONG - Authored by: Anonymous on Saturday, October 27 2012 @ 03:49 PM EDT
H-1B visa abuse limits wages and steals US jobs By Robert X. Cringely
Authored by: SilverWave on Saturday, October 27 2012 @ 02:37 AM EDT
H-1B visa abuse limits wages and steals US jobs By Robert X. Cringely

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | Parent | # ]

OT here (sort of )
Authored by: Anonymous on Saturday, October 27 2012 @ 04:05 AM EDT
My favourite investor's news sheet is recommending dumping any Apple shares you
may have.

[ Reply to This | Parent | # ]

New Scientist defends Italy against Earthquake FUD
Authored by: Anonymous on Saturday, October 27 2012 @ 04:43 AM EDT

In many places, including the off topic section here on Groklaw, people have been spreading FUD about the Italian justice system. They have been saying that the scientists in the case were convicted for failing to predict an earth quake. The New Scientist has an article clearly showing that this is not the case. The article points out that the Scientists allowed communication they were responsible for to be taken over by a non scientist who gave completely incorrect information.

There are clearly open questions about the conviction; six years for manslaughter seems excessive without further detailed information about how this happened. However, this really brings up the question: Why are so many English language sites spreading incorrect FUD about this case?

[ Reply to This | Parent | # ]

Canada - The True North Strong and Free! - Until it comes to free speach?
Authored by: Anonymous on Saturday, October 27 2012 @ 10:48 AM EDT
Anonymous commenters on news articles should be forced to identify themselves

“This morning I read comments on a news story posted on an electronic news publication, many of them could only be described as hateful rants. The common denominator is that none of them identified the person that wrote them; this strikes me as something that parliament should address.” - Dean Del Mastro, Member of Parliament, Conservative Party of Canada

[ Reply to This | Parent | # ]

Unusual lawsuits - Man sues wife for being ugly and wins lawsuit
Authored by: Anonymous on Saturday, October 27 2012 @ 01:22 PM EDT
Unusual lawsuits - Man sues wife for being ugly and wins lawsuit! Incredible!

http://myfox8.com/2012/10/26/chinese-man-sues-wife-for-being-ugly-wins-lawsuit/

"Jian Feng said his issues with his wife’s looks only began after the
couple’s daughter was born. Feng was appalled by the child’s appearance,
calling her “incredibly ugly” and saying she resembled neither one of her
parents."

Read for the most unhealthy story of the day


[ Reply to This | Parent | # ]

Do you, or did you, live in South Carolina?
Authored by: Jamis on Saturday, October 27 2012 @ 06:07 PM EDT
If this article is true, I'd be very concerned. Someone tell me I'm wrong.

http://news.cnet.com/8301-1009_3-57541481-83/millions-of-ssns-lifted-from-south-
carolina-database/

[ Reply to This | Parent | # ]

Echostar vs NDS
Authored by: Anonymous on Saturday, October 27 2012 @ 11:25 PM EDT
"What happens when one of the biggest media groups in the world sets up its own private security force? What happens when part of this operation goes rogue?" ref
--
How Ray Adams’ hard drive disappeared

[ Reply to This | Parent | # ]

  • Echostar vs NDS - Authored by: Anonymous on Sunday, October 28 2012 @ 03:23 PM EDT
Faulkner estate claims that quoting his novels in films is both a trademark and © infringement
Authored by: Anonymous on Sunday, October 28 2012 @ 01:59 AM EDT
The suit's major claims seem to turn on trademark (though there are copyright claims in there, too): the Faulkner estate claims that a movie that quotes Faulkner and has a character who meets various historical people (including Faulkner) "is likely to cause confusion, to cause mistake, and/or to deceive the infringing film's viewers as to a perceived affiliation, connection or association between William Faulkner and his works, on the one hand, and Sony, on the other hand."
Cory Doctorow, Boing Boing

[ Reply to This | Parent | # ]

Windows 8 ads ignore enterprise
Authored by: Anonymous on Sunday, October 28 2012 @ 02:31 AM EDT
Well, looking at the Windows 8 ads this week, it seems Microsoft has written off
the enterprise market. Computers' only purpose is to have fun. Yo, Fortune 500,
nothing to see here. Move on, move on.

[ Reply to This | Parent | # ]

Prior art found invalidating Apples patent on rectangles and rounded corners.
Authored by: Anonymous on Sunday, October 28 2012 @ 09:10 AM EDT
Prior art invalidating Apple's patents on rectangles and rounded corners

[ Reply to This | Parent | # ]

  • Mesopotamian? - Authored by: Anonymous on Sunday, October 28 2012 @ 04:51 PM EDT
EFF Wins Renewal of Smartphone Jailbreaking Rights Plus New Legal Protections for Video Remixing
Authored by: Anonymous on Sunday, October 28 2012 @ 10:47 AM EDT
Copyright Office Announces Exemptions to Mitigate DMCA Harms

San Francisco - The Electronic Frontier Foundation (EFF) won renewal of critical exemptions to the Digital Millennium Copyright Act (DMCA) in a ruling published today, including the upholding of jailbreaking rights for smartphones as well as new and expanded legal protections for video remixing.

"The DMCA creates a cloud of legal uncertainty over American consumers – whether they are tinkerers, artists, or just looking to make their gadgets work better," said EFF Intellectual Property Director Corynne McSherry. "The ruling from the Copyright Office today goes a long way towards mitigating some of the DMCA's most grievous harms."

EFF

---

For the full ruling from the copyright office:
https://www.eff.org/node/72131

[ Reply to This | Parent | # ]

iPhone 5 commercials
Authored by: Anonymous on Sunday, October 28 2012 @ 10:56 AM EDT
When they ask if it violates the laws of physics by being both bigger and
smaller. How do they do it.
They start by removing user rights, just trimming away a little at a time.
They then remove a little user choice restricting the selection of apps.
If they start to restrict the content they can make the iphone 6 even thinner.


[ Reply to This | Parent | # ]

are we really leaving links to questionable zip files here now?
Authored by: sumzero on Sunday, October 28 2012 @ 01:54 PM EDT
parent should probably be deleted.

sum.zero

---
48. The best book on programming for the layman is "alice in wonderland"; but
that's because it's the best book on anything for the layman.

alan j perlis

[ Reply to This | Parent | # ]

Poll: Scant demand for Microsoft's Windows 8
Authored by: Gringo_ on Sunday, October 28 2012 @ 02:05 PM EDT

The phone survey of nearly 1,200 adults in the U.S. found 52 percent hadn't even heard of Windows 8 leading up to Friday's release of the redesigned software.

Among the people who knew something about the new operating system, 61 percent had little or no interest in buying a new laptop or desktop computer running on Windows 8, according to the poll. And only about a third of people who've heard about the new system believe it will be an improvement (35 percent).

Interestingly most survey respondents had equally unfavourable opinions about Apple and Microsoft. 41% percent said they had an unfavorable or negative impression of Apple versus 42% for Microsoft (I am turning the statistics given around, reinterpreting them). Link.

[ Reply to This | Parent | # ]

Lawyer fodder
Authored by: Tufty on Sunday, October 28 2012 @ 05:10 PM EDT
Our local supermarket has a display stand with a new tablet, an iTab. Can't
imagine that lasting long. Android operating system, wireless keyboard/game
control available, HDMI interface.

---
Linux powered squirrel.

[ Reply to This | Parent | # ]

Why First to File won't work
Authored by: Anonymous on Sunday, October 28 2012 @ 11:18 PM EDT
First to file might have worked 100 years ago, or maybe even 50. It can't work
today.

All we have to do, is look at the stock market. You buy market access with some
time lag. Less lag, higher cost.

Someone writes a spider looking for patent applications, and on noticing a
particular application is new (to it), it proceeds to apply for this patent
everywhere in the world. Yes, every application costs money. But as there is no
requirement to prove that this is new knowledge (in mankind) and an applicant
doesn't have to reduce it to practice any more, this is just a money machine.

Trolls will look for new applications, and then try to register them worldwide
under their own name. Nobody will (easily) get a worldwide patent on anything.
And most of the money will flow to the trolls.

[ Reply to This | Parent | # ]

OT here
Authored by: eric76 on Monday, October 29 2012 @ 05:55 AM EDT
I'm puzzled as to why the idiotic story about the Hurricane got included here.

Is someone suing God over the hurricane?

[ Reply to This | Parent | # ]

Microsoft fumbles the ball with Surface preorders
Authored by: Gringo_ on Monday, October 29 2012 @ 11:31 AM EDT

They have really blown this one. People are upset.

Pre-ordered a Microsoft Surface? So SORRY it's late, have a voucher... Microsoft is dishing out vouchers to disgruntled Surface customers burned by delays and confusion over shipments of their pre-ordered fondletops.

[ Reply to This | Parent | # ]

Please comment on Microsoft TypeScript open source technology
Authored by: Anonymous on Monday, October 29 2012 @ 04:16 PM EDT

Microsoft has a new language that can be compiled into JavaScript. As a web developer, my initial reaction is that one would be insane to purposely adopt a new Microsoft browser technology. However it is supposedly open source and, from a technical point of view, it is actually pretty nice.

I'm hoping the fine folks of Groklaw might have some thoughts about how likely it is that this is a bad idea, e.g. a patent or other trojan horse.

www.typescriptlang.org

[ Reply to This | Parent | # ]

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