you went left there a little, it is a real ticket (at least in NYC it is) and it does go on your record.
But, you are correct in that the company earns revenue for sending the the 'information' to the MVC (or DMV) for review before being issued to the violator.
At least that how it was supposed to happen, except in NY they skipped the review part and just send out bad tickets, like when there police directing you through the red light because it broken.
It is very different...and I won't bother to tell you why, I'll leave that as an exercise in common sense and simple logic, and when that fails hopefully your brain will explode from all the feed back...
Independent Contractors is 'work for hire'. even more so than an employee. When you hire an independent contractor, it is for a specific task for specific length of time. I would think that I PAY you for a specific task and/or production would meet the requirement 'FOR HIRE'.
I could be wrong, as I am not lawyer, but in the fifteen to twenty years I've been in IT, I've hired many IC's for different jobs and when they left we maintained and owned everything they did for us. I would think (hope!) this would apply in this type of situation.
I cannot believe that it is legal for a photographer to have the rights to sell the pictures of my grandson to every and any one he so wishes? TFOH!!
to the challenged anonymous coward above :
"It seems pretty bizarre that doing so actually does put them at risk of being sent to jail for a few years."
does not signify that it will happen, but that it can happen, try to understand the complexity of possibilities
and stop trolling while your at it
I like his approach, and it may help draw attention to the stupidity of such claims. Pathak may or may not be serious, but it will give this nonsense the exposure it needs and since this is something the general public can understand (most of them should) that 'of the month' is beyond being copyright-able, it very well may help things
It doesn't really matter..from what I understand Joose is on the FDA hit list (similar product to 4LOCO!) and as usual Annhauser Busch is late to the party(I'm assuming Tilt is one of the caffeinated Alcohol beverages).......
I don't get it.....31 kicks out 0f 65000 bans/warnings. The headline made it seem like half the population got kicked....
what exactly is wrong about those numbers? If it were the opposite I would understand, because that would mean alot of witch-hunting. What am I missing?
True...or at least I wouldn't know or care about it, but my question remains: What the hell is going on?
Seriuosly, are we that dysfunctional as human beings that we have to recreate the pitfalls of life in virtual setting? We have already seen virtual bullying, virtual thugs, virtual ponzi scams, virtual racism, etc...Whats next Virtual rape???? (probably been - there done that, but who knows anymore?!!?)
is anyone besides me wondering what the hell has this WORLD come to? Online vigilante groups with secret agendas? excuse me, Costumed vigilante groups!!! Filling copy right infringement cases?
I think he may be alluding to the fact that low-level employees are generally 'at-will' employees, who can be fired at any time.
Higher level employees are usually contracted, and breaching those contracts are usually pretty difficult, almost always ending up with the ex-employee getting a large share of the contractual obligation.
Putting them in room with no windows and a Steve Balmer video would probably be more effective. NO lawyer/court costs, and the employee will probably only suffer through that for a couple of days before he demands an amicable separation for wayyyyyy cheaper than a court ruling.
and I'd also like to add...this why our economy is so suck ass right now. If every company takes a $19 million loss, who do you think ends up paying the ultimate penalty? The consumer. OK, so 140,000 consumers got a great deal, but that tab gets picked up me, you and every one else that buys anything from dell in the future as they will build that loss back into their pricing scheme. Not mention they drop couple a hundred jobs, to compensate for said loss.
Reasonable Expectation is the key phrase here. I don't believe that there is any reasonable expectation that a new monitor would cost $15. Period. The only reasonable expectation here that every one expected to get over on an obvious mistake.
And for the record, bait and switch is when you advertise a sale on one item, and then hard sell on a different, more expensive item, on the basis that the cheaper item is no longer available. Even if I hard sold on a more expensive item yet the cheaper item was still available, technically its not bait and switch. (I work in retail!)
I see chips as a finished product, and patent license should only be extended to the maker of such finished products. any other way and we would all have to pay for each and every peice of technology we use. Could you imagine if the patent holder for CREATING CHIPS decided to go after every manufacturer that put a chip in a hard drive?
Techdirt has not posted any stories submitted by Lion XL.
Re: Re:
you went left there a little, it is a real ticket (at least in NYC it is) and it does go on your record.
But, you are correct in that the company earns revenue for sending the the 'information' to the MVC (or DMV) for review before being issued to the violator.
At least that how it was supposed to happen, except in NY they skipped the review part and just send out bad tickets, like when there police directing you through the red light because it broken.
Re: Big business does the same!
It is very different...and I won't bother to tell you why, I'll leave that as an exercise in common sense and simple logic, and when that fails hopefully your brain will explode from all the feed back...
Re: Re: Work for Hire
Independent Contractors is 'work for hire'. even more so than an employee. When you hire an independent contractor, it is for a specific task for specific length of time. I would think that I PAY you for a specific task and/or production would meet the requirement 'FOR HIRE'.
I could be wrong, as I am not lawyer, but in the fifteen to twenty years I've been in IT, I've hired many IC's for different jobs and when they left we maintained and owned everything they did for us. I would think (hope!) this would apply in this type of situation.
I cannot believe that it is legal for a photographer to have the rights to sell the pictures of my grandson to every and any one he so wishes? TFOH!!
the engish language is lost on you fools....
to the challenged anonymous coward above : "It seems pretty bizarre that doing so actually does put them at risk of being sent to jail for a few years." does not signify that it will happen, but that it can happen, try to understand the complexity of possibilities and stop trolling while your at it
I see his
I like his approach, and it may help draw attention to the stupidity of such claims. Pathak may or may not be serious, but it will give this nonsense the exposure it needs and since this is something the general public can understand (most of them should) that 'of the month' is beyond being copyright-able, it very well may help things
It doesn't really matter..from what I understand Joose is on the FDA hit list (similar product to 4LOCO!) and as usual Annhauser Busch is late to the party(I'm assuming Tilt is one of the caffeinated Alcohol beverages).......
I don't get it.....31 kicks out 0f 65000 bans/warnings. The headline made it seem like half the population got kicked....
what exactly is wrong about those numbers? If it were the opposite I would understand, because that would mean alot of witch-hunting. What am I missing?
Re: Re:
True...or at least I wouldn't know or care about it, but my question remains: What the hell is going on?
Seriuosly, are we that dysfunctional as human beings that we have to recreate the pitfalls of life in virtual setting? We have already seen virtual bullying, virtual thugs, virtual ponzi scams, virtual racism, etc...Whats next Virtual rape???? (probably been - there done that, but who knows anymore?!!?)
Really?....
is anyone besides me wondering what the hell has this WORLD come to? Online vigilante groups with secret agendas? excuse me, Costumed vigilante groups!!! Filling copy right infringement cases?
I want my Pacman back......
Re:
I think he may be alluding to the fact that low-level employees are generally 'at-will' employees, who can be fired at any time.
Higher level employees are usually contracted, and breaching those contracts are usually pretty difficult, almost always ending up with the ex-employee getting a large share of the contractual obligation.
Putting them in room with no windows and a Steve Balmer video would probably be more effective. NO lawyer/court costs, and the employee will probably only suffer through that for a couple of days before he demands an amicable separation for wayyyyyy cheaper than a court ruling.
Reasonable Expectation...
and I'd also like to add...this why our economy is so suck ass right now. If every company takes a $19 million loss, who do you think ends up paying the ultimate penalty? The consumer. OK, so 140,000 consumers got a great deal, but that tab gets picked up me, you and every one else that buys anything from dell in the future as they will build that loss back into their pricing scheme. Not mention they drop couple a hundred jobs, to compensate for said loss.
Reasonable Expectation...
Reasonable Expectation is the key phrase here. I don't believe that there is any reasonable expectation that a new monitor would cost $15. Period. The only reasonable expectation here that every one expected to get over on an obvious mistake.
And for the record, bait and switch is when you advertise a sale on one item, and then hard sell on a different, more expensive item, on the basis that the cheaper item is no longer available. Even if I hard sold on a more expensive item yet the cheaper item was still available, technically its not bait and switch. (I work in retail!)
practical look
I see chips as a finished product, and patent license should only be extended to the maker of such finished products. any other way and we would all have to pay for each and every peice of technology we use. Could you imagine if the patent holder for CREATING CHIPS decided to go after every manufacturer that put a chip in a hard drive?