68 posts • joined Friday 22nd June 2007 13:34 GMT
No need for publically funded sledge-hammers
If a communication is an incitement to commit an offence, an incitement to racial hatred, or likely to lead to a breach of the peace, then arguably the interests of the wider community are at stake, and prosecution at public expense may be warranted.
If the offensive message is defamatory or offensive to the person concerned, why does the public interest require the state to intervene? The courts have ample powers to settle disputes between parties - and the party affected can bring a lawsuit, and if successful, recover their costs.
There is simply no need to waster taxpayers money enforcing manners through criminal sanctions.
Possible solution to AFP problem
There is an Apple Support note that talks about accessing "legacy" AFP services on OS X Lion Server - it may help (it seems access to AFP can be restored with some Terminal voodoo):
Probably quite illegal
Section 2 of the Fraud Act 2006:
(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.
Paying someone to post a false review would very probably come within the definition of fraud.
Whether the Crown Prosecution Service would actually prosecute is another matter...
Of course there's nothing to stop any private person, or association, bringing a prosecution, provided they have enough evidence to show a case to answer.
And the problem is ?
How is this different to walking down the street with a tape-recorder ? If people are having a conversation in public, then they have no reasonable expectation of privacy.
If you broadcast information over an unsecured WiFi link, you are putting it in the public domain.
If you don't want it listened to, encrypt it.
Literally frozen ?
"her body temperature plunged to just 16°C* before she was rescued, warmed - and came miraculously back to life, despite having literally frozen to death"
Hate to be a pedant (ok, I'm lying, I love it actually) but 16° C is not "frozen". Frozen is 0.
So she wasn't. Not literally or for that matter at all.
There but for the grace of God...
Here is why you should be very, very careful of what you do on holiday:
1. You can now be extradited to many countries without them showing the Court here the evidence
2. The only requirements are that it would be an offence here and that you COULD get 12 months
3. Re-read point 2 - that's could, not would. Nick a Mars bar, you could get years - you would probably get a fine. No matter, you are off. What's that ? Life destroyed ? Tough.
4. For EU countries, it doesn't even have to be an offence here, provided you could get 3 years
5. Cops beat you up ? Torture witnesses ? You're still off - "it can be all be sorted out at trial".
IAAL - but IAMNYL.
Be careful out there...
"Precision" guidance ?
For nukes ? Surely the same postcode does the trick...
"Ve haf vays of finding out...
...ver you are from. "
Jesus.. where to start ? Bigotted, stupid, racist and wrong on so many levels I don't know whether to puke, laugh or break something.
Already happens in Blighty
If you are convicted of a sexual offence in England and Wales, a Crown Court judge has the power to impose a "Sexual Offence Prevention Order" - SOPO.
The Crown Prosecution Service routinely draft these to include "not to use social networking sites" - particularly in indecent images or "grooming" cases. Some are drafted even wider - "not to use the internet" - but if defence counsel are even half-awake and object the judge will usually take a more realistic view: "Not to use the internet to contact any person under 18 unless authorised to do so by the Probation Service".
Which seems fair enough. If you are convicted of a sex offence involving minors, you lose your write to contact them unsupervised.
He wasn't "found guilty" or "fined".
This was a lawsuit - an action by a private party to recover damages from another for a civil wrong - not a prosecution for a crime.
The jury found him *liable* and awarded *damages* to the plaintiff.
Sheesh.. does no one watch tv anymore ? You pick stuff up...
Not very useful
At the moment, if you want to edit documents on your iPhone, there are pretty much only two contenders:
It doesn't look as if either have quite thought through how and why people would need on-the-go document editing.
If you can afford an iPhone, you likely have a computer. With a big screen. And a real keyboard too. So are you going to be doing all your word-processing on your iPhone - er, no.
Which means you'll be wanting to do a couple of things: synchronise different versions, and send the documents to people (after all, if you're using your iPhone rather than your main machine, its likely because you are out of the office and in a hurry.
At the moment, Docs-to-Go allows you to synchronise, but not send, and Quickoffice allows you to send but not synchronise.
Both need to try harder.
Judicially Review them
Officials can be compelled by the courts to do their duty:
1. It would appear that Ms Bear has legally changed her name.
2. The law (and the UK passport's services own guidance) entitle her to obtain a passport in that name.
3. The UKPS's purported discretion to refuse her one appears to have no basis in law or be founded on any lawful policy.
It is nothing to do with "human rights" - its to do with acting lawfully - which the UKPS appear to regard as optional.
Perhaps a quick judicial review would serve to remind them it is not.
(and yes, IAAL)
223 different IDs
The system can read 223 different IDs - presumably one is a Palace of Westminster pass ? That'll come in handy for expenses....
Bias and appearance
Don't know about Sweden, but here the test in not just whether the judge is actually biased, but whether there is an appearance of bias.
"The question is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased." per Lord Hope in Magill v. Weeks  UKHL 67
As Lord Hoffman found out to his cost when he failed to recuse himself from the Pinochet case - despite being a member of Amnesty International, which had filed amicus briefs in the case.
Your healdine: prosecute != sue
The state prosecutes crimes. If defendants are convicted they may pay a fine.
Individuals or companies sue (by bringing a lawsuit). If the defendants are found liable (ie lose) then they pay damages.
S.1 of the Police and Criminal Evidence Act 1984 applies to searches for stolen or prohibited articles, and requires "reasonable suspicion".
It would be a very long stretch to argue that a photograph comes under s.1.
Even if photos were capable of being "stolen or prohibited articles" the officer exercising a power must:
- hold a genuine belief/suspicion etc
- hold a belief suspicion that is *reasonable* (ie a genuine but bizarre or unreasonable belief is not enough)
- exercise any power reasonably (and where any European Convention prohibition is interfered with, proportionately)
So whatever power officers purport to be exercising, s.1 PACE is probably not a runner.
There's a special place in hell
... waiting for this torture-apologist eye-candy. Ye gods, she's the only one in Gitmo who actually deserves wiring up to the mains for some enhanced interrogation.
As for the Public Affairs low-life who dreamed this up, hell's too good for him. Or maybe he's a twisted genius who's ironically referencing Apocalypse Now, sticking two fingers up to his superiors while pretending he's doing his job.
Nah. He's probably a white-bread all-American redneck proud to be defending Truth, Justice and the American Way.
We do need military commissions. To try these fuckers for offences against good taste.
Homosexual defamatory ?
Prof. Goldman would be right to say that (thankfully) we have moved on and being homosexual is not something that would lower someone in the estimation of right-thinking members of society. However, a statement that someone is of a particular sexual orientation (straight or gay) may be libelous if it implies to those who know the person that the subject of the statement has misrepresented their identity.
It may be potentially libelous for example to say that Graham Norton is in fact straight.
Battlestar Galactica's real message...
If the Cylons could hear "All Along the Watchtower" in their heads (150,000 years ago), then there is only one way that everything makes sense:
Jimi Hendrix is God
But then we already knew that...
Cut & Paste - why so long coming
The absence of cut and paste is due to the security lockdown on the iPhone. There is no common filespace, and rather than restrict access using POSIX permissions, Apple chose (in its wisdom) to have single user, but use signed executables and encrypted storage - each app can only see and read its own data (Apple apps can read each other's data because they are signed with the same key).
I'm guessing that's why cut and paste was non-trivial to implement (rather than the oft-quoted "we couldn't think of a gesture interface for it" excuse).
A modest proposal...
We live in hard times, and expense must saved.
We have more and more drones, more and more surveillance footage, and fewer and fewer qualified intelligence analysts and pilots prepared to take the strain.
The surveillance drone footage can be made available on the interweb, and members of the public can log into view it live.
If someone spots a person of ill-intent bent of destroying our way of life, he can log onto one of the drones flying in a holding pattern in theatre, take control and light that sonofabitch up.
It would keep costs down, keep more eyeballs on targets and give frag-hungry teenagers something to do. Hell, people would even pay for the privilege. Win-win proposition.
iLap is great
I have an iLap, and its worth every penny. Its comfortable, light and above all it prevents my laptop overheating.
The metal stand, with the air gap it creates,h elps cool the laptop. Before I bought it, I was having problems with the chip overheating if I used the laptop on a soft surface for too long.
Notes and Tasks sync ?
If M$ is serious about feature parity they need to drag Entourage into the 1990s and give us frackin' note and task sync.
Palm Pilot's could do this when Steven Jobs was still at Next for crying out loud... its not astrophysics people, get it sorted
Score one for The Man
Its not uncommon for large and reputable organisations (*cough* BBC *cough*) to use large numbers of "freelancers" - who basically work the same job as permanent staff, get taxed like permanent staff, except they don't have the pay, job security, benefits or protection employees have.
Fear not, citizen!
If you have done nothing wrong, you have nothing to fear! Therefore, if you fear, you must have done something wrong. Now bend over while I insert a rectally fitted GPS tracker. Its for your own good.
Don't take their word for it...
I mean, if Prof Hawking is wrong, and black holes don't evaporate, it would be a Very Bad Thing.
But you don't have to trust a bunch of gruyere-munching über-nerds - you can check it out yourself. The entire documentation for the LHC is available online: http://www.iop.org/EJ/journal/-page=extra.lhc/jinst
Now I happen to have a few bits left over from a radical hard-tail chopper project in the shed, and I've built my own. And just to reassure you all, I'm going to whack a few protons together at 10^20 TeV.
There, I've flipped the switch.
Its perfectly saf ---NO CARRIER---
iPod Classic - New, now with less storage
There is now only one size of iPod Classic. "One size fits all" says Apple - and that new size is 120GB. So the message from Cupertino is if you have more than 120GB, you have too much music - get a life.
Or get onto eBay and snap up a 160GB Classic while you still can.
Damages != fine
The Court ordered the Defendant to pay damages to the Claimant. A fine is where a court orders a criminal to pay money to the state after a conviction.
Since we're on the subject, damages are not punishment - they are mean to put the Claimant in the position they would have been if the Defendant had not committed the tort. So what the court is saying is that if Ms Barwinska had not done what she did, Topware would have earned an extra £ 16,000.
@jai Re: re: Wish list - cut & paste
"how would you implement the "cut and paste" on a system with no keys and only finger input?"
The beauty of Apple's approach (and the breakthrough idea arguably) is the use of more than one finger (eg pinch zoom).
There's already the magnifying glass tool to allow cursor placement - a chorded tap (ie tapping with a second finger while holding down the finger keeping the magnifying glass active), would not be beyond the skill of most users to learn - particularly if there are keen enough to want to cut and paste in the first place. A less elegant, but more obvious and less RTFM way would be to have an interface element (button, pop-up menu etc) that appears along with the text entry tools.
Not an insurmountable problem considering the gargauntuan pile of cash Steve & Co are sitting on.
Stevey boy, listen up:
1. Cut-and-frackin-paste. MacOS 1.0 had that.
2. User filespace. We like to keep stuff and use different apps on it
3. Global search. We need to find stuff.
Having said that, it does what it does so well, I feel like I'm complaining my Ferrari doesn't have a cup holder
Government computer FUBARed...
...like they said when Calvin Coolidge died: How could they tell ?
Cue quote from Moonraker
(an awful film, but appropriately cheesy)
[Closing sequence - Bond has got the girl - M comes on the videolink]
M: What are you doing Commander Bond ?
Bond: Attempting re-entry
Very impressive, but....
Palm ate the Newton's lunch by doing four basic things right: contacts, calendar, notes and tasks (oh, and not giving its users a hernia).
The Palm was useful because those worked well on the device and synched with the desktop.
Does the iPhone do that ? er... nope. The "Notes" app still doesn't sync.
And fer fracks sake - three words Steve: cut - and - paste.
4th Amendment, RIP
Since our American cousins clearly aren't using their constitution anymore, can we have it ? We could do with a bit of judicial oversight...
AKA, the skeptics mantra - "correlation does not prove causation".
The poorer you are, the less percieved control you have over your life (google "internal locus of control" and "social status"). You are more likely to attribute your bad job, bad housing, bad health to external forces (star sign, evil spirits or bearded supernatural white guys with divine status)
The poorer you are, the lower you will tend to score in IQ tests (google "underfunded schools").
Not suprisingly therefore the two tend to co-occur.
Likely too that IQ will correlate with driving Bentleys - for the simialr reasons (with some statistical outliers for footballers)
It does make ID cards pointless
If you've already been done for something, you're on the dabs database, so who cares what you're calling yourself - you're nicked.
If you haven't been done yet, you're a civilian, so plod have something better to do with their time than harass you for you bit of plastic. And surely there's more useful toys that the money for ID cards can be spent on.
Legal to offer the service, but...
Whether it legal to use it depends what you do with it. The answer (which can be obtained by googling "Fraud by false representation" is left as an exercise for the reader
Wait for January
Here's why its still got the 2 MP camera. In the Book of Steve, expandable=bad. So no SD card slot. So you're limited by onboard RAM. Steve doesn't want you filling up that 8 or 16 GB of RAM with 5 MP pics of your friends when you could be filling it with iTunes tracks at $1 a pop.
So when RAM prices make a 32 GB model feasible, I bet we'll see that camera get a bump.
Now quite what they're smoking in Cupertino that they couldn't fix copy and paste I don't know...
The reason the Palm was such a success (and arguably the CrackBerry) is that it does (did?) the basics well. Contacts, Appointments, Tasks and Notes (and later email).
The iPhone does not yet handle Notes properly, and its too early to tell whether the Tasks are properly synched over the air (whether through ActiveSync or MobileMe)
Maybe the bit that Steve doesn't get is that those of us who don't have minions to remember stuff for us need to write it down somewhere..
Plod need to brush up...
The Public Order Act is not designed to protect people's feelings - its designed to protect, er, public order. So even if what you say is offensive, it must be offensive and threaten public order - hence the requirement that the behaviour or words be within the sight of someone likely to be caused harassment, alarm or distress.
You also have a complete defence if you prove that your conduct is reasonable.
Then there's the oft-maligned Human Rights Act, which guarantees your right to freedom of expression (Article 10 of the European Convention). Ok, its qualified, and not as robust as the US 1st amendment... but its better than nothing. Come to think of it, as the Americans aren't using their constitution, can we borrow it ?
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