When my school was built every building was attached to conduit built right into our roads. This has saved the school millions in connecting new buildings because the conduit is ran right next to telcom and power and it costs vary little extra per new building to run all the required support items.
True, but then a bunch of telcos will sue for loss of profit/value due to the gov taking away there advantage.
In addition the law only says conduit needs to be added to highway jobs, not fiber, or does it regulate the use of the fiber thus telcos will try to take all the money and run.
My 2nd question is someone going to pay off a town to not get there highway redone just to keep fiber from geting put in? or will the law allow for metro areas force a bridge to be built in areas where the conduit has not been run yet.
Idealy we need almost a department setup to handle public IT infistructure with the ability of force of law to put stuff like this in place because a fiber run going under the freeway is not that bad of an idea.
Then have a group of people who know there shit running it. but this will never happen because local fiber monopolys will sue that this is breach of contract like thay did with the town that wanted to do the same thing.
So what stops people from using direct to flicker program on there fancy iphone to take photos? Trying to stop photos other then with guards guns and walls is a silly thing.
Now if your using a 2 foot lens to zoom in on a military base from a hill overlooking the base then someone might have something to say, but even then there is little to stop your immages from going right to flicker (or even to a large email list) Film is just a good backup now.
How about the other end GIVE ME A DAMM KEY SERVER :)
We need a 3rd party to come into being thats a keyserver business, A host, broker, trusted seller etc for CD keys so that you can sell your game when your done with it. To make it even better make a deal with people like Blizzard so that when a key is sold, the old one is deactivated and a new one is issued.
Now here is something the big players might like so thay can get a cut of the used market and best of all it wont violate first sale doctern as you can aways directly sell your existing key.
Idealy the key is your "licence" to the software now a days, the plastic disk the game comes on is more or less worthless. This solution should even work with online only stuff like Stardock.
Anyone care to notice freezing credit card processors is a bad thing? im sure there like my credit card processing company in that there are a TON of companys who use them. Telling all of those people that the gov just froze your payments when geting credit is already a pain in the ass can spell death to companys who rely on cash flow down to the day or week.
if you dont think thats correct just realise that for a small store you can have 10,000 in payroll, sales tax (paid quaritly or daily).
a lot of companys are running a vary narrow edge and the gov locking away all the credit card payments is a really bad thing.
Hah, so you can file a lawsuit on 3 sec thats just a tad close to your song?
I said it last time and Ill say it agin, some day someone with far to much computer power will make a song with EVERY combo of notes that somehow makes sence then like it or not everyone will infringe on him espically if he makes the song really well known (but it will be really bad).
can we just point out that other then really blantent copying this is just a bad idea?
can I point out that as soon as this law passes someone will copyright womens shirts and paints and it will be illegial to walk around in unapproved shirts and pants?
O yes, all shirts and pants from before the act are not approved.
Of corse all the naked women walking around would be a fun side effect.
Even if we manage to make all pattents invaladated, what stops trolls from firing off 1000 letters to people who are "infringing" just to collect some cash?
Thats the problem here, whats needed is a looser pays system which automaticly kicks in when there is a major differnce in the financial ability of one side. To make it even better force a bond to be posted as part of the lawsuit in case of a loss.
This isent a bad idea at all outside the pattent system eather.
Think about John Doe vs RIAA:
RIAA to post this suit we require a 1 Million bond to be posted PER John Doe to cover his costs in the case you fail to prove your case. Now this would slow down the lawsuit system.
I would have said the same thing, There needs to be a question on weather the goverment can retroactivly declare something illegial legal.
Now the best argument for this would be that eather something the telco's did was explisit in the constitution thus congress would have to pass an amendment for the retroactive immunity.
My best guess would be that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" counts for phone call wire taps too.
If the aggreement is to not try to offer jobs to people at the other company I dont see this is as a bad thing, if the aggreement is worse then that, say not to talk about employment at all so that I cant even talk about a job with a partner (sorry you currently work for X, we cant talk to you)
but if you take this to a crazy level, say you work for wallyworld, how many people now cant even talk to you because thay work in the supply chain for them? Thats why the more aggressive aggreements are geting looked at.
Tell me this, your a small band who got a little fame in one town, Ticket master sees this fame and somehow for a short time thinks your the next big star. You go sing some place and get told that every ticket for this 1000+ seat location is sold, then you get there and its not even half full. How happy as a band are you that Scalpers (whom dont even really know who you are) are holding 500+ tickets to your event and set the price so high noone would pay because your somewhat unknown?
This is the real issue bands are geting hit with, scalpers are making the price so high that you cant make new fans since the fans see the lowest ticket is above there budget and never look back.
At the same time, how would you, a fan, like to be told you cant get in because its sold out but you can watch it on TV only to see lots and lots of empty seats.
Why does this happen? Scalpers dont care! For each ticket that cost them 20 bucks, and there able to sell them at 1000 + there making so much profit that thay can eat the loss of a seat not selling The only one whos hurt is the still growing band who gets no say one way or the other.
Idealy we are not asking for massive change, only Hollywood and RIAA will paint it as such. What we want is for some way to open the books to a 3rd party and move some power back into the hands of the producer of artwork and away from the a 1 sided contract.
Possably giving a judge the power to order an audit in the case of suspected wrong doing when contracts call for payment based on profit of a work of art when one side says no such profit happend.
The audit could then be held to GAPP with out making Hollywood or an RIAA member or whoever actully have to use it internaly.
And cable companys in markets with no other alternative (by law!)
In fact im sure there are many things we deal with that have eather Legal or Moral reasons for not charging as high of a price as is charged.
Lower prices also keep away competition because the more profit in a given sector the more likly more people will enter that sector. Thats why products like Hulu are coming out.
Why cant artists do the same thing people who deal with hollywood do? Demand Audits, why would Hollywood be in business if everyone movie in history is runing at a loss? Even the guys at Lord of the Rings had to demand an Audit because thay were paid partly on profit and Hollywood was telling them the movie did not make money (as did the person who wrote Forest Gump)
If someome wants to pass a useful law, pass a damm law that holds Hollywood and lables to GAPP just like everyone else.
Heres the problem, Wierd Al tossed a few events in the portland area, at the Ticketmaster events, he sold out, BUT over half the seats were empty. The event holder was totly happy because it got 100% ticket sales, the fans were pissed because there paying well above market price for tickets (20 dollar tickets going for 100+) and Wierd Al is mad because he has an army of fans who want to come and cant get in because there not willing to pay scalpers AND hes mad because he has a ton of empty seats.
Now at non Ticket Master events his shows are standing room only, because eather tickets are ONLY sold at the door (several shows in Canada) or tickets are tied to a credit card (your card becomes your ticket and limits per card).
Ticket Master doing offical scalping just means more empty seats and difficulty attracting new fans by having prices in range of them (no im not paying 100+ to go to a group I have never heard of, but I will pay 20ish to see someone whos unknown to me)
Ticket sales are not only about geting the most money for a seat, there about attracting new fans to your act, which drives up CD, Itunes, and tshirt sales and allows you to grow your fan base.
Bands know that old fans are not worth as much as new fans, old fans already have all your CDs, new fans dont have anything yet.
My General Accounting point was this, in this specific case the auditor was PAID to audit a given service and just did not do it. Since the auditor did not even check the files for this then its a breach of contract and rightfully you can sue.
Audits have vary good records kept for just this reason, and those are turned in to the company requesting the audit (in fact you dont give the paperwork you dont get paid) As such the report could say that file storage was checked secure to some standard. To prove the case company will have to say that the auditor lied OR the auditor did not fufil the contract. The first one would be a easy case, the 2nd one would be much harder given the report was turned in and signed off as complete then later on something bad happend and there attempting to assign blame.
Liability contracts are a bad thing for anything short of not doing the damm job. The contract for the job will spell out in black and white what needs to be checked and backup paperwork needs to be done to ensure it was checked. So unless the contract said,"all file systems with sencitive data are safe even if physicaly stolen by a 3rd party" (or something like that) AND the auditor said yes thay are when it turned out that no it was not there is not much case AND there was an approved way signed off by the client for the auditor to follow.
Sadly auditors are one job where you must cover your own ass.
In Accounting the auditors job is to provide "reasonable assurance" The auditor is not accountable if for example...
Employees setup a false company including phone numbers, the auditor calls the company to see if a transaction was correct and the fake company says yes.
This is a clear case where the auditor would not be at falt, others may include less crazy things like, said company went bankrupt after doing business with the one under audit.
To say an auditor did something wrong in a computer sence would be vary hard, Attacks can come from inside/outside/bruteforce/employees/contractors. The auditor can provide reasonable assurance that each of the known issues are locked down or noted as a security risk (based on both how likly it is to happen and how much damage could happen if it was to happen) Then real resorces will be spent to fix those problems brought up. Of course even then the fix could have its own holes generating additional problems.
No accounting auditor will tell you that there audit is 100% foolproof, computers should not be any differnt.
(untitled comment) (as Paul Brinker)
When my school was built every building was attached to conduit built right into our roads. This has saved the school millions in connecting new buildings because the conduit is ran right next to telcom and power and it costs vary little extra per new building to run all the required support items.
(untitled comment) (as Paul Brinker)
True, but then a bunch of telcos will sue for loss of profit/value due to the gov taking away there advantage.
In addition the law only says conduit needs to be added to highway jobs, not fiber, or does it regulate the use of the fiber thus telcos will try to take all the money and run.
My 2nd question is someone going to pay off a town to not get there highway redone just to keep fiber from geting put in? or will the law allow for metro areas force a bridge to be built in areas where the conduit has not been run yet.
(untitled comment) (as Paul Brinker)
Idealy we need almost a department setup to handle public IT infistructure with the ability of force of law to put stuff like this in place because a fiber run going under the freeway is not that bad of an idea.
Then have a group of people who know there shit running it. but this will never happen because local fiber monopolys will sue that this is breach of contract like thay did with the town that wanted to do the same thing.
(untitled comment) (as Paul Brinker)
So what stops people from using direct to flicker program on there fancy iphone to take photos? Trying to stop photos other then with guards guns and walls is a silly thing.
Now if your using a 2 foot lens to zoom in on a military base from a hill overlooking the base then someone might have something to say, but even then there is little to stop your immages from going right to flicker (or even to a large email list) Film is just a good backup now.
(untitled comment) (as Paul Brinker)
"Sir, you cant photograph this building, please give me your camera so I can remove the images"
"What building can I photograph?"
"I cant tell you that sir, its illegal"
"under what law?"
"I cant tell you that sir, its also illegal"
"Sigh, what would you charge me with if I were to take a photo of the building over there?"
"Braking the law sir, please move on"
Time for a 3rd party keyserver (as Paul Brinker)
How about the other end GIVE ME A DAMM KEY SERVER :)
We need a 3rd party to come into being thats a keyserver business, A host, broker, trusted seller etc for CD keys so that you can sell your game when your done with it. To make it even better make a deal with people like Blizzard so that when a key is sold, the old one is deactivated and a new one is issued.
Now here is something the big players might like so thay can get a cut of the used market and best of all it wont violate first sale doctern as you can aways directly sell your existing key.
Idealy the key is your "licence" to the software now a days, the plastic disk the game comes on is more or less worthless. This solution should even work with online only stuff like Stardock.
(untitled comment) (as Paul Brinker)
Anyone care to notice freezing credit card processors is a bad thing? im sure there like my credit card processing company in that there are a TON of companys who use them. Telling all of those people that the gov just froze your payments when geting credit is already a pain in the ass can spell death to companys who rely on cash flow down to the day or week.
if you dont think thats correct just realise that for a small store you can have 10,000 in payroll, sales tax (paid quaritly or daily).
a lot of companys are running a vary narrow edge and the gov locking away all the credit card payments is a really bad thing.
(untitled comment) (as Paul Brinker)
I dont trust reviews in general, after we saw a few events over at gamestop where a reviewer told the truth then got fired it got really stupid.
Things like metacritic are also gamed to the point if its not a blizzard game its not worth reading the reviews.
Best way to go is sneeker net, generaly that works a lot better.
(untitled comment) (as Paul Brinker)
Hah, so you can file a lawsuit on 3 sec thats just a tad close to your song?
I said it last time and Ill say it agin, some day someone with far to much computer power will make a song with EVERY combo of notes that somehow makes sence then like it or not everyone will infringe on him espically if he makes the song really well known (but it will be really bad).
can we just point out that other then really blantent copying this is just a bad idea?
(untitled comment) (as Paul Brinker)
can I point out that as soon as this law passes someone will copyright womens shirts and paints and it will be illegial to walk around in unapproved shirts and pants?
O yes, all shirts and pants from before the act are not approved.
Of corse all the naked women walking around would be a fun side effect.
(untitled comment) (as Paul Brinker)
Even if we manage to make all pattents invaladated, what stops trolls from firing off 1000 letters to people who are "infringing" just to collect some cash?
Thats the problem here, whats needed is a looser pays system which automaticly kicks in when there is a major differnce in the financial ability of one side. To make it even better force a bond to be posted as part of the lawsuit in case of a loss.
This isent a bad idea at all outside the pattent system eather.
Think about John Doe vs RIAA:
RIAA to post this suit we require a 1 Million bond to be posted PER John Doe to cover his costs in the case you fail to prove your case. Now this would slow down the lawsuit system.
(untitled comment) (as Paul Brinker)
I would have said the same thing, There needs to be a question on weather the goverment can retroactivly declare something illegial legal.
Now the best argument for this would be that eather something the telco's did was explisit in the constitution thus congress would have to pass an amendment for the retroactive immunity.
My best guess would be that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" counts for phone call wire taps too.
(untitled comment) (as Paul Brinker)
If the aggreement is to not try to offer jobs to people at the other company I dont see this is as a bad thing, if the aggreement is worse then that, say not to talk about employment at all so that I cant even talk about a job with a partner (sorry you currently work for X, we cant talk to you)
but if you take this to a crazy level, say you work for wallyworld, how many people now cant even talk to you because thay work in the supply chain for them? Thats why the more aggressive aggreements are geting looked at.
(untitled comment) (as Paul Brinker)
Tell me this, your a small band who got a little fame in one town, Ticket master sees this fame and somehow for a short time thinks your the next big star. You go sing some place and get told that every ticket for this 1000+ seat location is sold, then you get there and its not even half full. How happy as a band are you that Scalpers (whom dont even really know who you are) are holding 500+ tickets to your event and set the price so high noone would pay because your somewhat unknown?
This is the real issue bands are geting hit with, scalpers are making the price so high that you cant make new fans since the fans see the lowest ticket is above there budget and never look back.
At the same time, how would you, a fan, like to be told you cant get in because its sold out but you can watch it on TV only to see lots and lots of empty seats.
Why does this happen? Scalpers dont care! For each ticket that cost them 20 bucks, and there able to sell them at 1000 + there making so much profit that thay can eat the loss of a seat not selling The only one whos hurt is the still growing band who gets no say one way or the other.
(untitled comment) (as Paul Brinker)
Idealy we are not asking for massive change, only Hollywood and RIAA will paint it as such. What we want is for some way to open the books to a 3rd party and move some power back into the hands of the producer of artwork and away from the a 1 sided contract.
Possably giving a judge the power to order an audit in the case of suspected wrong doing when contracts call for payment based on profit of a work of art when one side says no such profit happend.
The audit could then be held to GAPP with out making Hollywood or an RIAA member or whoever actully have to use it internaly.
(untitled comment) (as Paul Brinker)
And cable companys in markets with no other alternative (by law!)
In fact im sure there are many things we deal with that have eather Legal or Moral reasons for not charging as high of a price as is charged.
Lower prices also keep away competition because the more profit in a given sector the more likly more people will enter that sector. Thats why products like Hulu are coming out.
(untitled comment) (as Paul Brinker)
Why cant artists do the same thing people who deal with hollywood do? Demand Audits, why would Hollywood be in business if everyone movie in history is runing at a loss? Even the guys at Lord of the Rings had to demand an Audit because thay were paid partly on profit and Hollywood was telling them the movie did not make money (as did the person who wrote Forest Gump)
If someome wants to pass a useful law, pass a damm law that holds Hollywood and lables to GAPP just like everyone else.
(untitled comment) (as Paul Brinker)
Heres the problem, Wierd Al tossed a few events in the portland area, at the Ticketmaster events, he sold out, BUT over half the seats were empty. The event holder was totly happy because it got 100% ticket sales, the fans were pissed because there paying well above market price for tickets (20 dollar tickets going for 100+) and Wierd Al is mad because he has an army of fans who want to come and cant get in because there not willing to pay scalpers AND hes mad because he has a ton of empty seats.
Now at non Ticket Master events his shows are standing room only, because eather tickets are ONLY sold at the door (several shows in Canada) or tickets are tied to a credit card (your card becomes your ticket and limits per card).
Ticket Master doing offical scalping just means more empty seats and difficulty attracting new fans by having prices in range of them (no im not paying 100+ to go to a group I have never heard of, but I will pay 20ish to see someone whos unknown to me)
Ticket sales are not only about geting the most money for a seat, there about attracting new fans to your act, which drives up CD, Itunes, and tshirt sales and allows you to grow your fan base.
Bands know that old fans are not worth as much as new fans, old fans already have all your CDs, new fans dont have anything yet.
(untitled comment) (as Paul Brinker)
My General Accounting point was this, in this specific case the auditor was PAID to audit a given service and just did not do it. Since the auditor did not even check the files for this then its a breach of contract and rightfully you can sue.
Audits have vary good records kept for just this reason, and those are turned in to the company requesting the audit (in fact you dont give the paperwork you dont get paid) As such the report could say that file storage was checked secure to some standard. To prove the case company will have to say that the auditor lied OR the auditor did not fufil the contract. The first one would be a easy case, the 2nd one would be much harder given the report was turned in and signed off as complete then later on something bad happend and there attempting to assign blame.
Liability contracts are a bad thing for anything short of not doing the damm job. The contract for the job will spell out in black and white what needs to be checked and backup paperwork needs to be done to ensure it was checked. So unless the contract said,"all file systems with sencitive data are safe even if physicaly stolen by a 3rd party" (or something like that) AND the auditor said yes thay are when it turned out that no it was not there is not much case AND there was an approved way signed off by the client for the auditor to follow.
Sadly auditors are one job where you must cover your own ass.
(untitled comment) (as Paul Brinker)
In Accounting the auditors job is to provide "reasonable assurance" The auditor is not accountable if for example...
Employees setup a false company including phone numbers, the auditor calls the company to see if a transaction was correct and the fake company says yes.
This is a clear case where the auditor would not be at falt, others may include less crazy things like, said company went bankrupt after doing business with the one under audit.
To say an auditor did something wrong in a computer sence would be vary hard, Attacks can come from inside/outside/bruteforce/employees/contractors. The auditor can provide reasonable assurance that each of the known issues are locked down or noted as a security risk (based on both how likly it is to happen and how much damage could happen if it was to happen) Then real resorces will be spent to fix those problems brought up. Of course even then the fix could have its own holes generating additional problems.
No accounting auditor will tell you that there audit is 100% foolproof, computers should not be any differnt.