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Comments

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SEC Alleges 'Bitcoin Savings & Trust' Is a Ponzi Scheme

Ares Re:Ponzi schemes (or securities) aren't USD-only (176 comments)

Wrong! The line about "legal tender for all debts public and private" is a lie.

Wrong! There is a difference between debts and "goods and services". From your link:

This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services.

The banks issuing your credit cards, or holding your car loan or mortgage must accept US Currency as legal tender in payment for that loan. There are certain schools of thought that hold that if they don't, they have lost the ability to collect on that debt. Following that school, If a car dealer and I signed a purchase agreement for a car, a debt has been created. If I offer to pay in cash and the dealer refuses, the car could well be mine for free under the law.

You are correct, however, on the goods and services, unless the goods and services have been delivered prior to payment, in which case a debt does indeed exist.

1 year,8 hours
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Raided For Running a Tor Exit Node

Ares Re:Shipping analogy (325 comments)

I looked at the contents of the Tor Packet. It looked like random garbage. so I sent it along.

about a year and a half ago
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Is the Apple App Store a Casino?

Ares Re:Welcome to real world (542 comments)

A year and a half here and I'm in the same boat. Yes, a year ago I was selling a lot more of one of my apps. $60-70 a week or so. These days i averages 2 copies a day and its bringing me about 10 bucks a week. Not a lot, no, but it definitely pays for the data plan AT&T makes me have to go along with my iPhone. I haven't spent a dime on advertising and marketing, relying solely on search results for sales. If I ever have a need to update it, then perhaps I'll shell out for some targeted ads, but for now, its paying its own bills, so to speak, and I'm perfectly OK with that because this particular app was more of a teaching exercise for myself than anything. Now, I've got other apps that are much better sellers because they have a larger audience than a calculator for quilters but hey every $0.70 commission I pick up from it still makes me smile.

more than 2 years ago
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Apple Nixes iPad Giveaways

Ares Re:They did what now? (388 comments)

Costco is irrelevant though. in Costco, the copyright issue was based on items imported into the country by someone other than the copyright holder. Costco pitted 17USC 602(a)(1) against 17 USC 109(a). 602 covers the importation, while 109 codifies the first sale doctrine for "copies made lawfully under this title".

in this hypothetical case, apple, the copyright holder, has already lawfully imported the items into the country, so 602 doesn't apply. Since 602 was what Costco was decided on, it wouldn't apply.

Now, honestly, I really would have liked to see an actual decision in Costco from SCOTUS. Omega was contending that 109 didn't come into play since the logo copies were made overseas so they didn't meet the lawfully made under this title clause. However they were depending on their US copyright registration in enforcing their rights. I would have loved to have been able to read an opinion (regardless of which way it went) in the case, simply because the previous case balancing 109 and 602, Quality King Distributors, Inc. v. L'Anza Research International, Inc. 523 U.S. 135 (1998) was tailored specifically to constructing the 109 first sale doctrine to copies made within the US, whereas the Omega logo copies were made in Switzerland.

more than 3 years ago
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Academic Publishers Ask The Impossible In GSU Copyright Suit

Ares Re:Sounds like excessive copying to me (221 comments)

if you're only using one or two chapters out of a book, i'd recommend you find a different source for that material if its that important to the course. chances are it exists somewhere (checking the chapters' citations can be of use here), and if it doesn't it probably isn't that important.

more than 3 years ago
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Small Devs Attacked Over In-App Purchase Button Patent

Ares Re:Microsoft's "send feedback on experience"... (229 comments)

I'm inclined to agree with you. the patent seems to have a handful of base claims on which the remainder of the claims are built. Logic (which we can all guess as to its existence in the court system) would dictate that in order to infringe one of the derivative claims, the device or method would have to infringe on the parent claim.

1) A system comprising: units of a commodity that can be used by respective users in different locations, a user interface, which is part of each of the units of the commodity, configured to provide a medium for two-way local interaction between one of the users and the corresponding unit of the commodity, and further configured to elicit, from a user, information about the user's perception of the commodity, a memory within each of the units of the commodity capable of storing results of the two-way local interaction, the results including elicited information about user perception of the commodity, a communication element associated with each of the units of the commodity capable of carrying results of the two-way local interaction from each of the units of the commodity to a central location, and a component capable of managing the interactions of the users in different locations and collecting the results of the interactions at the central location.

If we assume that the commodity in question here is the app itself, the question of whether this one is infringed hinges on whether the upgrade button is considered to be eliciting information about the user's perception of the application. This one is critical since it can easily be argued that as long as the app doesn't store and otherwise process the fact that a user has seen the upgrade option and not used it, there is no perception information gathered. Someone else can figure out the opposite argument if they are so inclined; I'll not be providing the bad guys an argument.

54) A system comprising: units of a facsimile equipment that can be used by respective users in different locations, a user interface which is part of each of the units and is configured to trigger a two-way interaction to occur on-line between the unit of the facsimile equipment and a vendor of the facsimile equipment, the user interface being configured to generate information about use of the unit by the user, a communication element associated with each of the units capable of carrying results of the two-way local interaction from each of the units to a central location, and a component capable of managing the interactions of the users in different locations and collecting the results of the interactions at the central location.

This one an its derivatives ought to be irrelevant, since there isn't fax equipment involved.

60) A system comprising: units of a commodity that can be used by respective users in different locations, a user interface which is part of each of the units of the commodity and is configured to provide a medium for two-way local interaction between one of the users and the corresponding unit of the commodity for generating information about use of the unit of the commodity by the user, the user interface being configured to elicit information about (i) steps that a vendor of the commodity could take to improve the user's satisfaction or (ii) training or support provided for users of the commodity; a communication element associated with each of the units of the commodity capable of carrying results of the two-way local interaction from each of the units of the commodity to a central location, and a component capable of managing the interactions of the users in different locations and collection of the results of the interactions at the central location and provides access to the collection of results to a third party.

This one seems to require that "the user interface being configured to elicit information about (i) steps that a vendor of the commodity could take to improve the user's satisfaction or (ii) training or support provided for users of the commodity". First off, ii seems stupid. How exactly is a user supposed to provide information about training or support for the users of the commodity. Isn't that the commodity vendor's responsibility? As to i), an "upgrade" button doesn't elicit any information about steps the vendor can take to improve user satisfaction. I'd be more worried if i sold apps that had a "have you rated this app" dialog box.

69) A method for gathering information from units of a commodity in different locations, each unit of the commodity being coupled to a remote database on a network, the method comprising: eliciting user perceptions of respective units of the commodity through interactions at a user-interface of the respective unit; generating perception information based on inputs of the users at the respective user-interfaces; transmitting the perception information to the remote database; receiving the transmitted perception information from different units of the commodity; and collecting and storing the received information at the remote database.

I'd argue that this one can't be infringed by an app; who's going to allow an app direct access into a production database over the insecure network that is the internet.

I'd really like to see what claims lodsys claims are infringed.

more than 3 years ago
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Speed Tickets Challenged Based On Timestamped Photos

Ares Re:and where's heisenberg? (566 comments)

Further, assuming a 3/4 second reaction time, it takes 55 feet at 50mph for a driver to even get a foot on the brake pedal, which is 5 feet more than the manufacturer's expert claimed the average distance from sensor to photograph was. so, assuming the .363 second difference occurred after the driver realized the camera had taken his picture, he would actually not have the full .363 seconds to decelerate to meet the mean time theorem criteria for the photograph.

more than 3 years ago
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IPv6 Traffic Remains Minuscule

Ares Re:home routers (406 comments)

Why would the BBC lease you a radio to access their service? What would be in it for them to hold all that hardware in inventory?

it seems to work pretty well for directv and dish network. of course as anyone who has the slightest modicum of knowledge of accounting knows, this is merely a ruse to keep assets on their books while still charging the same upfront fees for them that they did when the upfront fee was a purchase price.

more than 3 years ago
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Federal Judge Rejects Google Books Deal

Ares Re:A Point (234 comments)

just because a book is out of print doesn't mean that the author/copyright owner has abandoned it.

more than 3 years ago
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Firefox 4 Released!

Ares Re:Awsome! (554 comments)

you could still buy windows xp based netbooks as late as q4 2010.

more than 3 years ago
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Wi-Fi Shown To Interfere With Aircraft Systems

Ares Re:So if I leave wifi on? (300 comments)

Delta MSP->LAS two weeks ago.

more than 3 years ago
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Between Christmas and New Year's, I'll take ...

Ares Re:Bah humbug (422 comments)

Metric wrenches won't work on imperial bolts.

Perhaps wrenches won't, but the 6-point sockets that I use work just fine on them, as opposed to the "normal" 12-pointers. open ends of wrenches should work just fine as well.

more than 3 years ago
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Annual power consumption at your residence?

Ares Re:Missing Option (507 comments)

except for the holiday time bill, we bottom out at 1400 in the winter months. goes up to about 2500 in the summer when the a/c runs. having kids who don't know how to turn off the lights doesn't help that any.

then again neither does the server farm. but i can live with it.

more than 3 years ago
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TSA Pats Down 3-Year-Old

Ares Re:ridiculous (1135 comments)

but I could probably handle a Singapore Airlines stewardess handing my search...

but I could probably handle a Singapore Airlines stewardess searching my handle...

ftfy

more than 3 years ago
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'Cellphone Effect' Could Skew Polling Predictions

Ares Re:I'm sitting this one out (836 comments)

If the day arrives when an honest person who truly wants to change things for the better without any self-serving need to fulfill an ego or provide companies/politicians/lobbyists with favors, I'll vote for them. Until such a time, I'm not going to casually toss my support behind someone just for the hell of it.

We tried that here in Minnesota for a while. We had this guy who truly didn't like the way the city council was going. So he ran for mayor and won. Later on he ran as an independent for Governor and also won. The Jesse Ventura experiment failed miserably, because as we all know, power corrupts.

more than 3 years ago
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Supreme Court Hears Violent Video Game Case Tomorrow

Ares The guy is avoiding an interesting argument (342 comments)

I attended a lecture the attorney against Cali gave a few weeks back where he was discussing this case. I found it very interesting that he was relying exclusively on the fact that the court, conservative though they may be, has been as of late giving the first amendment strong leeway in what it encompasses. He's relying solely on the first amendment in his case. Were it my case, I'd invoke the commerce clause, as such regulations are clearly the realm of Congress, as they can have a major effect on interstate commerce, and we all know how broadly SCOTUS has interpreted that particular clause.

more than 3 years ago
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There Is No Plan B, the Ugly Transition To IPv6

Ares Re:NAT (717 comments)

ever try running multiple https virtual hosts on the same ip address/port 443 combination like that? becuase of the nature of ssl, it doesn't work.

more than 3 years ago

Submissions

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Apple has more cash than God^H^H^H the U.S.

Ares Ares writes  |  more than 2 years ago

Ares (5306) writes "Its official. Apple is wealthier than the United States Government. CNN suggests that the US should start selling iPads. And why not? If it works for Apple, giving it a $76.2 billion cash balance sheet, surely, it could improve the US Treasury's $73.8 billion balance sheet. From the article: "This symbolic feat — the world's most highly valued tech company surpassing the fiscal strength of the world's most powerful nation — is just the latest pinnacle for Apple, which has been on an unprecedented roll."

Followed by: "'We don't let the cash burn a hole in the pocket or make stupid acquisitions,' CEO Jobs said last fall. 'We'd like to continue to keep our powder dry because we think there are one or more strategic opportunities in the future.'"

"Offering Uncle Sam a short-term loan is probably not one of them.""

Link to Original Source
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Palm Sneaks Pre Back into iTuens

Ares Ares writes  |  about 5 years ago

Ares (5306) writes "It appears that the game of Cat and Mouse between Palm and Apple is back on. It should come as no surprise to Slashdot readers that with a newly pushed-out software update to the Pre, Palm has crept back into the world of iTunes. Naturally, the next news we'll hear will be that iTunes 8.2.2 breaks this particular hack."
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Apple Changing iPhone App Store Policies

Ares Ares writes  |  more than 5 years ago

Ares (5306) writes "'Stung by criticism, Apple has put a muzzle on applicants to the App Store by including the rejection letters it sends under a non-disclosure agreement. In addition, it has closed a loophole which was allowing rejected developers to find other avenues to serve their applications to users.'

So reports Technologizer in an article posted today. Not only that, they appear to have shut down the "Ad Hoc" mode for app deployment, because it had been used as a workaround to a rejected iPhone app. The article goes on to compare Apple's current anti-competitive stance with the iPhone to those of our favorite monopolistic whipping post. It will be very interesting to see how this plays out on the part of Apple... and how long it takes someone to figure out a crack for this that doesn't involve jailbreaking the phone."

Link to Original Source
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New trial a possibility in RIAA Copyright case

Ares Ares writes  |  more than 6 years ago

Ares (5306) writes "The federal judge who presided over the trial of Jammie Thomas of Brainerd, MN said he may have given mistaken instructions to the jury that tried the case, according to WCCO TV in Minneapolis. Evidently, in 1993, the 8th Circuit which covers Minnesota ruled that infringement requires an actual dissemination of material, while the judge instructed the jurors that making the music available constituted infringement. Judge Davis is set to hear arguments on July 1 regarding the matter. If this goes through, it would certainly raise the bar for the recording industry when it comes to prosecuting these cases for large settlements."
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Blogger successfulyl quashes subpoena

Ares Ares writes  |  more than 6 years ago

Ares (5306) writes "In a follow-up to Blogger Subpoenaed for Criticizing Trial Lawyers, Katherine Seidel's blog indicates that not only has she successfully quashed her subpoena, but the lawyer issuing said subpoena is now under orders to appear and explain why the courts shouldn't sanction him for it. This should be interesting, because in addition to Ms. Seidel's subpoena in New Hampshire, the lawyer issued a similar subpoena to a doctor and Harvard professor under similar circumstances."
Link to Original Source

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