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Tesla Releases Electric Car Patents To the Public

m.ducharme Re:First thought that I had.... (211 comments)

Funny thing is, I could almost see this being a legitimate patent, if the tarp had some rfid and chipware embedded that communicated with the car (ie, tarp is still on, some clown is uncovering your car, tarp is blowing down the highway you forgot to take it off you idiot)

about 4 months ago
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Tesla Releases Electric Car Patents To the Public

m.ducharme Re:Trust but verify (211 comments)

Yeah, I'm not familiar with the distinction you're drawing. Verbal and oral are basically the same thing, both terms mean a contract spoken but not written down (at least, that was the case when I went to law school, and I've never encountered anything in practice that says otherwise), and Musk's blog post is not verbal or oral. It's written, but it's not a contract. There is only one party, it's not a meeting of the minds. Essentially it's a gift.

about 4 months ago
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Tesla Releases Electric Car Patents To the Public

m.ducharme Re:Trust but verify (211 comments)

For what it's worth, I've never heard that definition of "verbal" contract at all, either in law school or in my practice. As far as I'm concerned, a verbal and an oral contract are the same thing. You might be able to quibble and say that a contract made in American Sign Language is verbal but not oral, I guess.

about 4 months ago
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Canada Halts Online Tax Returns In Wake of Heartbleed

m.ducharme Re:Tax filing (50 comments)

I'll concede the point on personal taxes, for the most simple solutions, but once you start adding in business income, corporate taxes, and the like, the complexity level goes way up. And if you happen to run a business in an HST jurisdiction? Forget about it. Many tax lawyers haven't yet figured that shit out.

about 6 months ago
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Canada Halts Online Tax Returns In Wake of Heartbleed

m.ducharme Re:Tax filing (50 comments)

Actually, governments federal and provincial have streamlined a lot of the services they provide. In fact, in at least one case I can think of, major inefficiencies are starting to crop up because they've trimmed too much fat. Employment Insurance (including sick leave and parental leave), for example, takes a month or more to get not because of the process, but because they don't have enough operators answering the phones.

about 6 months ago
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Canada Halts Online Tax Returns In Wake of Heartbleed

m.ducharme Re:Tax filing (50 comments)

Once you Efile they stop sending forms to you.

I think now they've stopped sending them entirely.

Realistically there is free tax software, and Canadian taxes are pretty straightforward.

Ahahahahahah! I have an annotated 2010 Canadian Tax Act book weighing down my bookshelf that would beg to differ.

about 6 months ago
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60 Minutes Dubbed Engines Noise Over Tesla Model S

m.ducharme Re:This is one thing I love about it (544 comments)

I love having to manually shift, and the engine revving and all that. It's a lot of fun. I'm sure gonna miss it when I finally can afford my new Tesla. It won't stop me buying one though.

about 7 months ago
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Canadian Court Tries to Dampen Copyright Trolls In P2P Lawsuits

m.ducharme Re:That's only part of the story. (60 comments)

Not per infringer, per lawsuit. Only way to get $5k per infringer is to sue each infringer separately.

38.1 (1) Subject to this section, a copyright owner may elect, at any time before final judgment is rendered, to recover, instead of damages and profits referred to in subsection 35(1), an award of statutory damages for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, ...
(b) in a sum of not less than $100 and not more than $5,000 that the court considers just, with respect to all infringements involved in the proceedings for all works or other subject-matter, if the infringements are for non-commercial purposes.

about 8 months ago
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Canadian Court Tries to Dampen Copyright Trolls In P2P Lawsuits

m.ducharme Re:That's only part of the story. (60 comments)

It's not $5k per person, it's $5k per lawsuit. If they go after all 2000 infringers in Voltage v Does, they will be limited to $5000 statutory damages, if they choose statutory damages; they can still try to prove actual damages on a per plaintiff basis. Since actual damages is (lost profit of one copy of "jarhead")*infringer, and they actually have to prove those damages on a balance of the probabilities (i.e. everyone with open wifi routers walks), they're not going to make much money.

about 8 months ago
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Layoffs At Now-Private Dell May Hit Over 15,000 Staffers

m.ducharme Re:I'm sure they're grateful for COBRA (287 comments)

Sorry no, you've entirely neglected the fact that private healthcare leads to higher per-capita costs as insurers fleece their clients.Insurance companies aren't taking a little profit off the top, they're taking massive profits compared to their costs.

  The idea behind a universal health care system is that in such a system, you get the same or better health care for a lower price. It's not a matter of the government subsidizing your health care, it's a matter of giving increased power to the consumer, to prevent them from being fleeced in a transaction where otherwise they would have no bargaining power. And it works. In 2008 (the last figures I've seen, care of the WHO I believe), US health care cost per person was I think $6000/person, while the next-closest was Switzerland (which has a semi private system somewhat like the ACA) where health care costs were half of what they are in the US (I may have the figures wrong, but the proportion is correct, the Swiss pay half per person what Americans pay).

The long and the short of it is that the free market doesn't work as intended where one party has the choice of paying or dying. Government regulation is supposed to (and in most of the world, does) equalize the playing field so that the consumer doesn't get hosed by the insurance company or the service providers.

about 9 months ago
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Largest Bitcoin Mining Pool Pledges Not To Execute '51% Attack'

m.ducharme Re:Cant be worse (351 comments)

Go get em! You've got the trolls and the zombies on the run.

about 9 months ago
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Largest Bitcoin Mining Pool Pledges Not To Execute '51% Attack'

m.ducharme Re:Cant be worse (351 comments)

Quite the opposite. The US Government is supposed to manipulate the currency to achieve two things: to keep inflation low (2% is the usual target) and to keep unemployment as low as possible (about 5% normally).

about 9 months ago
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Shuttleworth: Apple Will Merge Mac and iPhone

m.ducharme Re:Too much credit (414 comments)

No, Apple won't be following his failure or Microsoft. They'll show the market how it should have been done in the first place, and then Samsung will show everyone how to do it cheaper.

1 year,12 days
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Keeping Your Data Private From the NSA (And Everyone Else)

m.ducharme Re:I hide my data in big wheels of cheese (622 comments)

"And while 'big' providers like Google provide some degree of encryption, they WILL give up user data in response to a court order"

I believe the correct statement would be:

"And while 'big' providers like Google provide some degree of encryption, they HAVE GIVEN up user data in response to a court order"

about a year ago
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Ask Slashdot: How To Determine If a Video Has Been Faked?

m.ducharme Re:Simple test (237 comments)

And on top of that, given that the video hasn't come out yet he's not in much of a position to sue anyone. What's he going to say, "I know it was you punks who faked that video, I was there the whole time!"

The authors of the video haven't revealed themselves, and the only way Ford could know who they are is if he was smoking crack with them.

about a year and a half ago
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Physicists Create Quantum Link Between Photons That Don't Exist At the Same Time

m.ducharme Re:I give... (364 comments)

Entanglement does crap all over relativity. The two theories, while both showing astonishing degrees of experimental confirmation, are fundamentally incompatible with each other. Resolving this incompatibility is the most pressing project of current theoretical physicists.

about a year and a half ago
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Records Labels Prepare Massive 'Pirate Site' Domain Blocking Blitz

m.ducharme Re:Another ridiculous situation (110 comments)

My reading of the summary is that they are going to the courts in the UK to get the courts to enforce their little list against the ISPs. My clue was the submitter's use of the word "action" which is legal jargon for a law suit.

about a year and a half ago
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Pirate Bay Co-founder Peter Sunde Running For European Parliament

m.ducharme Re:How can dissenters be elected? (58 comments)

I can help you identify that whooshing sound you heard, if you like.

about a year and a half ago

Submissions

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ISPs are Not Broadcasters, In Canada

m.ducharme m.ducharme writes  |  more than 4 years ago

m.ducharme (1082683) writes "Michael Geist has just posted news to his blog that the Canadian Federal Court of Appeal has handed down a decision of key importance to ISPs and net-neutrality advocates. The Court ruled that ISPs could not be considered broadcasters (and therefore not subject to levies that may be established under the Broadcast Act (to fund Canadian Content programming, for example). The Court also ruled that this was true only insofar as an ISP treated all traffic neutrally.

What does this mean for net neutrality advocates? It means that in Canada at least, the ISPs now have strong incentive to side with them, and not with content-providers looking to enforce their copyrights. Deep-packet inspections that single out video or audio data would tend to make the ISPs more "broadcaster-like", and put them at risk of having to conform to the rules and levies that currently apply to traditional broadcasters."

Link to Original Source
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Canada's Top Court Quashes Child Porn Warrant

m.ducharme m.ducharme writes  |  more than 4 years ago

m.ducharme (1082683) writes "The CBC is reporting that the Supreme Court of Canada has handed down a decision quashing a search warrant used to obtain the computer of a man accused of possession of child porn."

"Urbain P. Morelli maintained his charter rights were violated when police searched his computer for child pornography after a technician who had visited his home to work on the machine expressed concerns to police."

What the Slashdot community may find notable about this decision is the distinction drawn between "accessing" and "possessing" digital images, most particularly the recognition that a user does not "possess" cached data. From the decision:

[35] When accessing Web pages, most Internet browsers will store on the computer’s own hard drive a temporary copy of all or most of the files that comprise the Web page. This is typically known as a “caching function” and the location of the temporary, automatic copies is known as the “cache”. While the configuration of the caching function varies and can be modified by the user, cached files typically include images and are generally discarded automatically after a certain number of days, or after the cache grows to a certain size. [36] On my view of possession, the automatic caching of a file to the hard drive does not, without more, constitute possession. While the cached file might be in a “place” over which the computer user has control, in order to establish possession, it is necessary to satisfy mens rea or fault requirements as well. Thus, it must be shown that the file was knowingly stored and retained through the cache.

"

Link to Original Source
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Geist Deconstructs the Canadian Copyright Lobby

m.ducharme m.ducharme writes  |  more than 5 years ago

m.ducharme (1082683) writes "Michael Geist has posted a detailed description of the major players in the Canadian Copyright lobby, and shows how different, seeminly independent groups use each other's reports to imply a greater consensus on tough copyright laws than actually exists. Techniques used by these groups include more plagiarism, referencing each others' reports to build an appearance of authority, and buying Polls.

This lengthy post seeks to unravel the effort further by demonstrating how there has been a clear strategy of deploying seemingly independent organizations to advance the same goals, claims, arguments, and recommendations. Over the past three years, this strategy has played out with multiple reports, each building on the next with a steady stream of self-citation.

"
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New IPod Line confirms Apple a Monopolist?

m.ducharme m.ducharme writes  |  more than 7 years ago

m.ducharme writes "An article at Wired reports that class action lawyers claim Apple is a monopolist because the new iPods don't support WMA. Of course last time I checked, they did support mp3, so I don't know how far they think this claim is going to go, but the lawyers do offer a solution, namely to license Windows Media from Microsoft for "less than 2 cents per iPod." How generous. I wonder who's paying these particular lawyers?"
Link to Original Source

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