4984 posts • joined 19 Jan 2007
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Yes, I'm sure...
... (even though IANAL) because my contract is with the *retailer* not with the company who makes the game (this is why, if something breaks then, under the Sale of Goods Act, I can go back to the person who sold it to me for redress and not be fobbed off with "it's not our problem, talk to the manufacturer").
Now if the retailer were to say to me "We cannot sell this item to you unless you agree to this EULA here and now" they might have a case, but not otherwise.
See the Unfair Contract Terms Act for details:
11 The “reasonableness” test
(1)In relation to a contract term, the requirement of reasonableness for the purposes of this Part of this Act, section 3 of the M1 Misrepresentation Act 1967 and section 3 of the M2 Misrepresentation Act (Northern Ireland) 1967 is that the term shall have been a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made.
As mentioned by AC, the contract is made when a price is agreed and money is exchanged. Unless the EULA forms part of that it is not "reasonably to have been, known to or in the contemplation of the parties when the contract was made."
And I was thinking...
... this was some version of Howard Wolowitz's "Hey baby, do you want to drive a car on Mars?"
.xxx gives members of the adult industry the opportunity to self-identify
You mean my putting "Adults Only" and "18+" and including related tags on my site and registering with Net Nanny, Cybersitter et al isn't "self-identifying" enough?
... The Plane! The Plane!
Exactly *how* is using a dictionary (or a thesaurus) "cheating" when doing a crossword?
Using a word finder would be, using a crossword solver would be, but not using a dictionary or thesaurus to check a definition or find the right "shade" of meaning to crack a compiler's clue.
Books are a technology which does not become obsolete!
Yes, you can get more onto a CD/ DVD/ whatever, yes they are easier to transport etc, but a 20 year old copy of the printed OED will still be usable whilst a 20 year old copy in an electronic format (remember the 1980's Domesday Book which was produced on 12" Laser disks and read by a BBC Master computer?) will have been surpassed by later technologies.
Convenience is all very well, but permanence should not be ignored.
"Is this true devolution and a necessary tidying up of outdated laws...
"...or a charter for busybodies and control freaks to regulate the minutiae of our everyday lives?"
What do you think?? Why should something be an offence in one place but not in another? Surely if it's causing problems in City A it will also cause a problem in City B or C or D.
The whole idea of the creation of English Common Law was that there would be *ONE* set of rules for the whole country, ones that were (supposedly) fair and equitable and subject to proper scrutiny (yes, ok, I know that New Labour did their best to avoid that, but that was the original idea).
By all means get rid of old laws, but allowing local councils to introduce new ones is just because some prod-nose gets a bee in their bonnet and manages to persuade others to go along with them doesn't mean that the situation will get any better.
You are free to believe what you want, provided you don't start trying to tell everyone that *they* should believe it too.
You are supposing...
... that you can actually remember where you parked the thing!
if any of those things are around a blind corner, you run into them...
.... Assuming you can't stop in time or go around them.
If you can't stop in time or go around them then you are driving *TOO FAST* for the circumstances (NB this is not the same as speeding because you could be below the limit but on a slippery road or in situations where visibility is reduced)
Any computer controlled system *MUST* be able to adequately calculate the appropriate speed for the conditions and adjust it accordingly, otherwise it will be just as dangerous as drivers who think that 80mph is a safe speed on a foggy motorway...
@bigoted old buffoon
Your whole rant^H^H^H^H self-righteous position seems to be based on the same mentality of the previous Government's "vetting scheme" where everyone is presumed guilty until proven innocent.
Tell me, do you require that anyone who comes and babysits for *your* children allows you full access to their computer so you can check through and ensure that they don't have any "questionable" images on it? No? So you admit that *YOU* are jeopardising *YOUR* children by failing to take adequate precautions!!!
"...whether they would be prepared to accept road pricing as long as there was no overall increase in the amount paid by motorists as a whole"
And when they were asked how they felt knowing that every journey they took would be tracked and probably linked ANPR cameras would be used to automatically assign speeding tickets to anyone who went from A to B faster than they were supposed to they said...?
Oh, of course they didn't say anything, because they were *NEVER* asked those questions!!
And the moral of this tale...
... is don't embarrass the authorities...
"a turning point in the Pentagon's computer defense strategy"
So WTF were they doing between 2001 when Gary McKinnon showed how laughable US Military "Computer Security" was and 2008 when this attack happened...???
@he only got a B in GSCE igerlish.
Are you sure that wasn't an A? Actually using (some of) the right punctuation and spellings would have been a guaranteed A*
Again I recommend...
... firstly going to the Coalition's Your Freedom site http://yourfreedom.hmg.gov.uk/ and supporting the various proposals to throw this (and other laws such as the criminalisation of consensual BDSM) into the bin and, secondly, going to http://www.writetothem.com and making your MP aware of your objections to these stupid, ill-thought out and useless laws.
So how long...
... before Viktor Nabakov's novel Lolita is on the Burn List...?
... just don't bother visiting the Land of the Fee!
The use of square brackets in this context generally means that the editor has included the name to replace eg "him" or "they" etc in a piece excerpted from a longer article.
eg "I see this in papers and magazines as well [Skelband asked] Why are some pieces of quoted text in brackets?"
I have to put on my specs...
... so I can stare at my exact speed in small print on the GPS.
Why not just make sure your speedo (which should be legible and if it isn't, you shouldn't be driving) is at or below the limit because it probably reads 10% high already?
Oh, of course, I know why not, you're one of those people who thinks that it's a Speed Target instead of a Speed LIMIT.
@"...caused by excessive speed"
The point you miss is that it is excessive speed *FOR THE CIRCUMSTANCES*!
Which is more dangerous? Doing 80mph on an empty motorway or doing 70mph on the same motorway when it's crowded with traffic and covered in fog? The answer is (or should be) obvious, but which one gets you a fine and points on your licence and which one doesn't?
Putting in ANPR cameras will force people to stay under the limit, but it won't stop them driving like idiots.
The point is not that "the weight is secret", but what happens when (as is almost inevitable) you start getting charged for rubbish disposal by weight and someone decides to dump that old monitor or stack of bricks in your bin rather that theirs.
And if you think that's nonsense, I'd point out that for the past couple of months, someone has been sticking a couple of bin-bags of their rubbish outside *my* property. I have no idea why, I have no idea who, but if I was paying by weight you can be damn sure I'd be objecting!
"The crime isss life...
"... the sentence isss Death!"
- Judge Death.
Kill everyone and you'll have a perfect crime-free country...
Oh dear, it's the tired old "I have to stare at my speedo" argument.
FYI a speed limit is exactly that, a *LIMIT*, not a *TARGET*.
By all means Make Progress on open roads, but if you're in a situation where you need to watch for "traffic and pedestrians around you" simply driving to the "limit" shows a lack of awareness (and ability) to drive at an appropriate speed for the conditions.
... I thought it said "Election Spin"...
Is Peter Mandelson...
... a consultant on this project?
211 "reports" != 211 actual *cases*
But since when did the facts bother Jim Gamble and his little Empire?
"improving road and public safety"
In other words, "we're going to be watching all of you wherever you go and whenever you travel, just in case you're a terrorist. Meanwhile, we'll be looking at linking cameras at major junctions so we can check how fast you have traveled from A to B and if we think it's too fast, we can pay for the cameras by giving you a speeding ticket!"
RIPA is the "main" law Google is accused of having broken...
... and everyone knows that The State doesn't like competition...
"accused of" != "guilty of". Even in Russia these days, I've heard.
Yet another reason...
... not to visit the Land of the Fee...
"muffin stuffing Baffin puffin boffin biffing cuffing"
Definitely Comment of the Week :-)
can this law be redacted?
No, because that means deleting bits before publication, however it can be repealed.
We need *EVERYONE* to visit the Government's "Your Freedom" site and support the following:
NB there are several variations on these, I've picked the ones which have the most votes, but if you search on Pornography or BDSM you can find others to support too (and several worth writing comments in opposition to)
Once you've done that, visit http://www.writetothem.com and find the contact details of your MP and make your points to them as well otherwise we risk the Your Freedom site becoming just another "fob them off" exercise so beloved of the last administration.
Police were called...
... to control the crowds offering to help with the search...
Some people say...
... that he has the power to delete whole sections of Street View...
... All we know is that he's called...
Sky is using a stranglehold on film rights to harm its competitors
In other news... Popes, Catholic, Bears, Woods, you know the rest...
"What a pathetic example."
WHOOOSH! (The sound of my point going way over your head)
Try reading the bit about "False Dilemma" again...
You might then try looking up "Straw Man" as well.
Whilst I agree that the higher the speed the more serious the accident, you are the one who is apparently missing the point that you should *not* drive faster than the speed at which you can stop in the distance visible to you. It doesn't matter *what* the limit is, you need to tailor your speed according to the conditions prevailing at the time.
Unfortunately when people have the attitude that because "speed limits are LAW" they assume wrongly that means that the speed indicated by the prevailing limit is a speed that it is safe to drive at rather than thinking intelligently about what they are doing.
There is a debating fallacy known as the False Dilemma where you present someone with two options 1) and 2) as if they're the only ones available and then imply that they have to pick between the two, ignoring the fact that the correct answer is "neither of the above".
Let me give you an example. Last night I came back to Portsmouth from London on the A3. As you leave London this piece of road seems to have speed cameras about every half mile and initially a limit of 40mph which then goes up to 50mph.
Now I'm sure those limits are all sensible and good when the road is chock full of traffic during the day time, but at 2am the road is virtually *EMPTY* and there is absolutely *NO DANGER* in Making Progress along it, but you cannot, simply because of all the bloody cameras.
So you have a choice: trundle along at 40mph or make progress (illegally, of course) then slow down when there's a camera.
Which do you do?
Oh dear, here we go again...
Firstly let me say that I have *NO PROBLEM* with cameras *WHERE THEY ARE ACTUALLY NEEDED*, but many of the rules on where they are placed are nonsense and bring the whole system into disrepute because all that happens is that drivers slow down for the camera, then speed up once they're past it.
Hiding them just makes the situation worse and still does *nothing* for dealing with people who drive in an irresponsible manner, using mobiles, failing to indicate or look before turning or changing lanes, tailgate, don't make proper observation at junctions and all the other things which *really* add to the dangers of being on the road.
I'm sure I've read a report which said that the radar-controlled signs that flash 30mph if you're approaching them too fast have been much more successful in reducing speeds, but I have been unable to track it down, so if anyone knows where I can find it, I'd be most grateful.
DfT 'witlessly' bigged-up speed camera benefits
There, fixed it for you!
"see what the CPS do with it..."
The CPS will sit on it for a while and then decide that there is "Insufficient evidence" to bring a case...
"turkey with apple sauce and broccoli"??
Now that has *got* to be Cruel and Unusual Punishment!!
"which was made publicly available at the time"
On display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying "Beware of the Leopard"?
(Mine's the one with the Towel and the Electronic Thumb!)
"a line making clear the site had no connection to the bank."
... and a couple of paragraphs detailing how the bank threatened them with legal action for completeness, I hope!
Facebook has reiterated...
"that their attitude to making data available is that you opt in to everything unless you can figure out how to stop it, bitch".
There, fixed it for you!
"of course there are things that can be done to improve defenses...
"...not that the government is doing them necessarily."
I think that's the point he's trying to make! Every time we hear of data being stolen or left on a laptop or sent on an unencrypted CD through the post shows a fundamental failure of understanding of basic security by Governments and Corporations.
And how many companies produce software which then require multiple patches to fix gaping holes in their security?
What is needed is a fundamental shift in attitude, rather than the "let's get the data or write the software and then fix the problems later."
As you say: "The right time to build up defenses is now, before an incident occurs", but at present too many stable doors are being locked and bolted long after the horse is over the horizon.
"MSI detach can be used...
"... to prevent a given cell phone from receiving SMS messages and incoming calls. All that's needed is the target's phone number"
Great! Now how do I get the phone number of the annoying twat who is sitting in the Quiet Carriage on the train yakking at the top of their voice and ignoring the signs saying "NO MOBILE PHONES"...?
"Fellowship of the Ring for the internet age"
Nonsense, this is just an updating of the Seven Swords of Wayland!
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