Re: Entirely unrelated to the above but...
http://www.bforbel.com/2014/07/printers-are-evil.html
3832 publicly visible posts • joined 4 Apr 2007
"They could sue the company contracted to do the work.
(Khosla would win.)
They could sue the City government, and again Khosla would win and win big. The individual has immunity, the city doesn't. "
Nope you have permission.
Let me give you an example of how you are wrong(but should not be)
My father is a carpenter. he got hit by crane ball. he went to sue and the company said we are a gov contractor and have qualified immunity . The Jude agree and said he would have to sue the federal gov. Now to sue the go you need permission .
No the company was not doing any thing neglect but following the cities orders. Another fine example is in Detroit. they city ordered a house to be condemned and demolished . They gave the contract the wrong house address and you guess what happened. They company were free and in the clear and the home owner had to sue the city.
I hope his lawyers has told him that if he loses California can take the money out of his account with a out a court order or they can place lien on the property. IF the state really gets pissy that can attach that lien to his property tax. Now if he does not pay that property tax they can take the land .
Qualified immunity shields public officials from damages for civil liability so long as they did not violate an individual's "clearly established" statutory or constitutional rights. The immunity is available to state or federal employees, including law enforcement officers, who are performing their jobs.
"Its not complicated, if software kills it should be down to the manufacturer of said product the ones who released and brought it to market, unless malicious tampering is evident(pissed off developer or so on)."
But what about edge cases that can not be tested for ? Lets say you have a harden linux OS on an embed device. Every thing works great.. The wi fi module work great. The drivers are ace.a year later the wi fi manufacture makes a minor tweak to the drivers . Now if are on a certain wi fi channel and it's congested and you plug a certain type of USB stick in they whole thing crashes. Who's fault that is that
?
o all the people that says she is just bitching and should suck it up this is what she is suing for.
Not paying over time.
Not giving her meal breaks(lunch)
Not paying her in a timely manor after she left ( in California if you are fired or laid off you have to be paid on the spot. If you quit with in 72 hours.)
Not giving her proper wage accounting
Unfair business practices.
Now they labeled her a professional salaried employee . Lets see what the rules are on that.
at the federal level
To qualify for the learned professional employee exemption, all of the following tests must be met:
The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455* per week;
The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
The advanced knowledge must be in a field of science or learning; and
The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
Now in California regardless of your you can not be denied a meal break.
An employee who has worked five hours is entitled to a meal break, but may voluntarily waive it if his or her shift will not exceed six hours in total.
https://www.dir.ca.gov/dlse/Glossary.asp?Button1=P#professional%20exemption
Nope does not meet the definition of a professional lets try mangent
https://www.dir.ca.gov/dlse/Glossary.asp?Button1=E#executive%20exemption
Well the packaging is only counterfeit if the content turns out to not actually be Windows but something else
Not according to the law. If have a license to build Cisco kit and that license is revoked any cisco kit I afterwards build is a counterfeit.
You folks keep on wanting to change the definition. Even if it's a perfect replica it's still a fake
https://en.wikipedia.org/wiki/Trademark_Counterfeiting_Act_of_1984
The copy is the genuine product, otherwise it wouldn't be copyright infringement. It doesn't magically become something other than Microsoft Windows just because it's distributed without authorisation.
actually no. Copyright infringement happens if you sell product is when you calla a some thing the Apple Iphone that is not apple product. Sure it could be a cheap phone that does not look any thing like the iphone. Counterfeiting is making a reproduction of some thing you do not have the rights to make.
Counterfeit products are fakes or unauthorized replicas of the real product.
But that software had been paid for already? So if I would sell you my old laptop that has a valid Windows license key you cannot use that
Accord to MS not with out permission. It's fucked up. it's thing I thought should of been straighten out by the courts. looks like the courts agree with MS You can down vote me all you want I'm just saying what MS says. MS will make exceptions for charities but you have to ask permission first.
I'm sorry about that last post. I've been up 20 hours on a project that is going to end in tears and make the evening news. Note. bad PM can be evil and even worse when the are suggesting bad solutions to a client that has no idea what they want and it's us plebs that will have to make this work.
God I'm thinking about going back and teaching ill temper chavs.
THa's easy. You start the back up, have breakfast , BS with the office chaps do some work, go to lunch, bs some more have dinner, go home take the misses out for good time. Come back then next day when you find out one or more drives failed do to stress or worse the back up is corrupt .
Wrong. Resisting arrest means you pissed the cop off. look at the cop wrong resisting arrest. Resting arrest is often used to justify an arrest when the cops screws up or or has nothing else on you or like I said the cops are pissed at you . Another favorite bull shit charge that the use to arrest you with no reason is disorderly conduct or disturbing the peace. Often times they will add those on like ryan air surcharges.
https://nypost.com/2016/05/12/charges-dropped-against-mailman-arrested-by-rowdy-cops/
US law of "criminal tresspass" I presume, still IMHO does not make just being on someone else property a instant crime but it is the US after all and since there are a lot of lawyers making the laws then it is possible.
No trespass charge in the US is for one of two things. You were told to leave and did not or it's plea deal from burglary.
As for the second, where's the indictment then? no indictment, no charges, no extradition order. Oh it's sealed? Sealed so that he'll be unaware of its existance and thus won't attempt to destroy or conceal evidence that may be gathered against him (the reason for sealing)
Wrong a sealed indictment means a only the parties to it can see it. Julian would still get a .copy.