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5901
Living Room / Re: Security hole reported in RDP
« Last post by 40hz on March 13, 2012, 05:06 PM »
Thx for the heads-up Jibz. :Thmbsup:
5902
Living Room / Re: Why I Pirate - An Open Letter to Content Creators
« Last post by 40hz on March 13, 2012, 02:23 PM »
I think the situation in the US is very similar, and that it is common throughout the Western economies.

From what I do know of UK law (which is admittedly not very much) I think there are vast differences between our two legal systems despite their surface resemblance and common ancestry.

In the United States, the letter of the law holds sway. Some nod is given to judicial precedence and interpretation. But the bulk of our legal disputes revolve around an almost rabbinical level of debate on exactly what each word in a statute means. There's a big difference between "should" and "must" in our legal system. (That's why you can ask the question: Exactly what do you mean by "had sex"? and get away with it.)

So when you are required to "act in the best interests of the shareholders" there's considerable room for interpretation and individual discretion in exactly how that is to be done. When disputes arise, it becomes a matter for the courts, with a the judge presiding over material issues of law - and a jury determining material issues of fact.

And in practice, the American judiciary has been extremely reluctant to micromanage businesses. Unless gross and callous disregard for statute or fiduciary responsibility can be clearly demonstrated in a court of law, even a director-level decision that costs a business significant money (or results in bankruptcy) will not be questioned too closely. To be blunt, "fucking up royally" is not, in and of itself, a tort or crime in the United States.

Investors have the right to demand a publicly owned company act in a responsible and legal manner. They do not have an innate right to demand a certain level of performance (i.e. maximize profits at all times) unless they have negotiated a contractually binding agreement with the management of the company that they do so.

For the most part, courts have also frowned upon grass-roots activism when it comes to corporate governance. The feeling is if you are that opposed to what the company is doing, you have two main options available to you. You can: force a proxy vote and replace the management - or - divest yourself of your investment in the company.

Shareholders are generally NOT allowed to directly interfere or intervene in the day to day operations of a business. (If they could, any competitor could buy up a block of shares in a rival business and completely disrupt it's operation.) Nor are they automatically guaranteed access to internal corporate documents or records for the same reason.

As an investor, you can go in and request to "inspect" the pro forma financial statements and any other legally required (i.e. 10K, etc.) documents. But you wouldn't need to be given access to current internal operating statements; or things like the secretary's raw (as opposed to official) minutes of a board meeting. Or internal memos or other communications. If you wanted those, and the company balked about showing them to you, you'd have to go to court and show reason why you should be allowed to see them. Simply owning some stock in the business would not be considered sufficient reason.

Corporate boards and director-level management are not usually held to specific standards of performance. Except maybe by shareholders. But that's a very different thing than being held to it by law. Otherwise most corporate directors would face the risk of prosecution any time they made a bad judgement call. With the result you wouldn't be able find anybody with an ounce of brains in their head willing to run a public company or sit on a corporate board.

There have been cases (civil) where some management has been called to book for poor performance. But in every case I'm aware of the complaints were either dismissed outright or resolved in favor of the accused. Because the law recognizes business is an intrinsically risky activity. And as long as those engaged in it acted in a legal manner, and behaved as prudently and responsibly as the situation and their judgement allowed - there's no fault, liability, or foul on the part of the management.

And  that's because there's no US law against being unlucky, not smart enough, prescient enough, or clever enough to be successful at business. It's all just part of the game. And a risk the operators and investors take.

But anyway...this is really going on too long for me (plus I'm getting tired of typing all this) so I'm gonna wrap it up and bow out of this whole debate. I will restate that I am not aware of any US law that either states in word (or strongly and unmistakeably implies) that US corporations are required - as a matter of law - to maximize profit as a condition of executing their fiduciary responsibilities to their shareholders.

I'll even go further and say such a law (or laws) flat-out doesn't exist in the United States.

And although many people (and some businesses) may interpret the legal requirement that management "represent and act in the best interests" of their shareholders as being the same thing as a requirement that profit be maximized at all times, this interpretation is erroneous. And is furthermore not recognized by US courts as being a valid interpretation, in theory or in fact.

So, if anybody can point me to a state or federal statute that specifically says otherwise - or can show a case where a corporate board or management team was prosecuted solely because the profits they achieved were not in keeping with investor expectations, I'd be happy to read about it and modify my statements accordingly.

If there is such a law anywhere outside the United States I'd also be interested in hearing. Mostly because I'd want to make it a point never to conduct any business there. :)
5903
Living Room / Re: Why I Pirate - An Open Letter to Content Creators
« Last post by 40hz on March 13, 2012, 10:54 AM »
Nope, it was your comment in the post just above mine, quoted here:

Perhaps people ignore the morality of the situation because they don't realize there is a moral issue at all.

@J-Mac - umm...Jim? You might want to check again. That was Deozaan's comment. Not mine. ;) 8) His post is what's directly above yours. :P ;D

What 40hz really wanted to say! :-))
JimJim.jpg



-Ed

-----------------

.
.
.
Perhaps people ignore the morality of the situation because they don't realize there is a moral issue at all.


Onward! :Thmbsup:
5904

By the way, "lethologica" is a handy word. It is defined as:
the inability to remember a word or put your finger on the right word
       ;D

I'll try to remember that.

5905
Living Room / Re: Why I Pirate - An Open Letter to Content Creators
« Last post by 40hz on March 13, 2012, 06:50 AM »
I can't accept that 40hz. "Normal" humans still have that thing we call a conscience, and it still tends to give a twinge when you ignore it. I still see that in young people whom you would think don’t have one. Of course it has been posited by more than one psychologist and psychiatrist that corporate CEOs have a higher incidence of psychopathy than the general population, so that may account for a lack of moral consideration when making such decisions as described above.

Jim

@J-Mac - I'm sorry, but you lost me there. What is it I said that you're responding to?  :huh:

My entire point is that there is no such law that requires a corporation, by law, to put making a profit above all other considerations in its day to day operations. And furthermore, in actual practice (since reality so often diverges from what the law says) acting in a manner that goes against the public good is generally frowned upon by the judicial system and the public at large. And arguing for doing wrong in the name of profit is not accepted as an absolute defense in any legal context I'm aware of. Which indicates (to me at least) that individuals and society do have a conscience and underlying moral framework that goes beyond the letter of the law.

Was it possibly somebody else's comments you were responding to? :)
5906
Living Room / Re: Quickly see if DoCo is up or down
« Last post by 40hz on March 13, 2012, 06:25 AM »
If you check on IRC you also get to annoy mouser.  ;D

haha yeah, very true...although, I do that every day; anyway :P
-Stephen66515 (March 13, 2012, 06:14 AM)

It's true! I've seen him do it. :P
5907
Living Room / Re: Quietly brilliant products you might not have known you needed
« Last post by 40hz on March 13, 2012, 06:02 AM »
I guess there will always be people who quite literally do not care and will steal whatever they want.
My GF works for the state social service. She maintains that the word "entitled" is the most dangerous and corrosive word in the American-English dictionary. The ever more widespread attitude that says: "I'm entitled..." is what is destroying most of what America used to be about.
She could be right. :'(
Well, that's a bit off-topic, but I'll follow it anyway, if you don't mind: the state social services probably spawned the ubiquitous cliché term "entitlement" in the first place, with phrases such as, for example, "Your unemployment benefits entitlement".
Admittedly it's from a distant and relatively ignorant perspective, but my take on things is that "what America used to be about" has arguably already been destroyed anyway - or maybe just bent and twisted out of all recognition is all.    :o

Going back to topic ...

FWIW I think you missed all of the nuance; along with a good bit of the point in her comment. Understandable. You don't live here.   :) 8)
5908
Living Room / Re: Quietly brilliant products you might not have known you needed
« Last post by 40hz on March 12, 2012, 06:51 PM »
I guess there will always be people who quite literally do not care and will steal whatever they want.

My GF works for the state social service. She maintains that the word "entitled" is the most dangerous and corrosive word in the American-English dictionary. The ever more widespread attitude that says: "I'm entitled..." is what is destroying most of what America used to be about.

She could be right. :'(
5909
Living Room / Re: MAFIAA's unintended consequences? - e.g., Pirate Box
« Last post by 40hz on March 12, 2012, 06:41 PM »
I gather that FidoNet was a product of an environment where there was no decent networking infrastructure available for email transmission.

There were actually. (Decent for the time at least.) But they (MCA et al.) were ferociously expensive and geared towards corporate and government use. And there was no inexpensive distance communications available in the US at the time. Most network traffic ran on expensive leased lines or microwave repeaters.

The ham radio people (ARRL) had some interesting early data transmission projects (some even used Fido!) - but you had to have a difficult to procure amateur radio operator's license to avail yourself of them.

Fido was a hack that allowed Fido nodes to make local phone calls to each other and pass messages via a "bucket brigade" type arrangement. It  might take a few days for a message to route from one coast to another. But that was considered a small price to pay if it avoided per-minute long distance charges.

Fido didn't come into existence so much because it was the only way the BBSs could have sent e-mail back and forth back then. It mostly came into existence because Tom Jennings (Fido's creator) was a died-in-the-wool techno-anarchist who decided to do an end run around the communications behemoths.

From the official Fidonet archives:

In contrast to the uucp network or the Internet, and due mostly to the low
cost of entry, from its earliest days, FidoNet has been owned and operated
primarily by end-users and hobbyists more than by computer professionals.
Therefore, social and political issues arose in FidoNet far faster and more
seriously than might be expected by those raised in other network cultures.

Tom Jennings intended FidoNet to be a cooperative anarchy to provide
minimal-cost public access to electronic mail.
  Two very basic features of
FidoNet encourage this.  Every node is self-sufficient, needing no support
from other nodes to operate.  But more significant is that the nodelist
contains the modem telephone number of all nodes, allowing any node to
communicate with any other node without the aid or consent of technical or
political groups at any level.
  This is in strong contrast to the uucp
network, BITNET, and the Internet.

We need a  lot more people like Tom Jennings in this sorry world. :Thmbsup:
5910
Living Room / Re: Quietly brilliant products you might not have known you needed
« Last post by 40hz on March 12, 2012, 04:37 PM »
...Anti-Theft Lunchbags. Pre-printed with a rather nasty looking mold image to discourage casual theft.
I am curious to know: What sad part of the world would you have to live in to need to protect your sandwiches from being stolen?

American high schools and university dorm rooms.  :P
5911
Living Room / The world of fantasy art loses another great this week
« Last post by 40hz on March 12, 2012, 04:07 PM »
Los Angeles - legendary and seminal fantasy artist Jean "Moebius" Giraud has passed away at age 73 following an unsuccessful battle with cancer. Best known for his hapless aeronaut character Arzach and his unnamed perodactyl-like 'steed', his quirky and vaguely Art Nouveau style will be greatly missed.

azarchbrianbolland.jpg

Good-bye Jean. With our deepest thanks and best wishes for your voyage to new worlds of wonder.

MoebiusArzachNight.jpg

 8)
5912
Living Room / Quietly brilliant products you might not have known you needed
« Last post by 40hz on March 12, 2012, 02:13 PM »
Just got an email from a friend directing me to this: Anti-Theft Lunchbags. Pre-printed with a rather nasty looking mold image to discourage casual theft.

Bag1.jpg     bag2.jpg

Do you know of any other products that make good use of human psychology? 8)
5913
General Software Discussion / Re: Help me choose an online backup service
« Last post by 40hz on March 12, 2012, 09:16 AM »

[As an aside: For those of you programmers who are suspicious of garbage collected languages, this is some ammunition for you, and confirmation of your reluctance to adopt java.]


And further discouragement for those who picked their development environment mainly because it promised an "easy way" to attain cross-platform compatibility.

For system type applications, develop specifically for the platform. And use an appropriate language.
5914
Living Room / Re: Apple & book publishers may be sued for price fixing
« Last post by 40hz on March 12, 2012, 09:08 AM »
These companies really need to be taken down a notch.
Let me know how that works out.

I don't think it will... Until a heck of a lot more people start waking up. :(



Bingo!  :Thmbsup: :Thmbsup:
5915
Living Room / Re: URGENT Board Mod Request: Sobriety Mod
« Last post by 40hz on March 12, 2012, 09:07 AM »
Ah... I see I was drinking and posting again!

But I forgot the smiley... Oh well. Can't really blame me that much, eh? ;)

Nope! ;-}  :Thmbsup:

5916
Living Room / Re: What books are you reading?
« Last post by 40hz on March 12, 2012, 08:51 AM »
The Lost Memory by Junichi Fujisaki.

gisbook.jpg

This is a short novel spin-off from the anime series Ghost in the Shell: Stand Alone Complex.

I'm not normally inclined to read books based on movies or TV series. But this short novel hit all the right notes and actually made the anime series more interesting while remaining a good little book in it's own right. Not a bad accomplishment considering GIS is one of the better post-cyberpunk franchises out there.

The setting for most of the Ghost in the Shell stories is a big sprawling neo-Tokyo where cybernetic implants and brain alterations are the norm. It's a fairly complex story that isn't easily summarized, although the predominant themes center on what it means to be alive, "truly human" - and what constitutes what we accept as 'reality.'

GIS-NeoTokyo.jpg

The treatment throughout Ghost in the Shell is very adult, and lacks most , but not always all (in the TV series) of the cutesy adolescent elements that occupy center stage in so many of these types of stories coming out of Japan.

Here's the capsule summary of the plot from the publisher.

Since being formed as a shadow peacekeeping organization, Section 9 has faced almost countless adversaries both in the real world and in cyberspace, but none like "The Awakened," a group of terrorists who seem to have the ability to take over the minds and bodies of almost anyone and use them to commit crimes against the state, leaving their pawns unaware of who was controlling them. When Major Motoko Kusanagi is able to capture one of the boys used as a pawn she hacks into his cyberbrain to find out who the ringleader is, but what she discovers will take her and the operatives of Section 9 on a journey deep into the heart of cyberspace, and the answers she finds will shake Section 9 to its core.

Very well done. And even more amazing, that it survived translation.

About $9 in bookstores (if there are any still left where you live) or from Amazon for...hmm...the same price! What's going on here? :huh:

---------

Note: If you're new to Ghost in the Shell, I'd suggest possibly viewing some of the anime before plunging into the book. Especially if you don't have much experience with this genre. The best are the three feature-length animations Ghost in the Shell and it's quasi-sequels Ghost in the Shell2: Innocence and Ghost in the Shell: Solid State Society - which is the lead-in for the subsequent Stand Alone Complex series.

GISWho.jpg

GIS01.jpg   GIS2.jpg   GIS3.jpg

 :Thmbsup:

5917
Living Room / Re: MAFIAA's unintended consequences? - e.g., Pirate Box
« Last post by 40hz on March 12, 2012, 06:41 AM »
torrent files themselves are NOT illegal
-Stephen66515 (March 12, 2012, 02:19 AM)

Not yet anyway.  ;D

I just think this is going to accelerate what I see as a commitment on the part of governments and major industry hardware, software, and media providers to switch everyone over to walled-garden computing environments.

I firmly believe we are witnessing the first moves in the dance that will bring about the end of our present age of unrestricted and open personal computing.

You have been warned!
tinfoilhat2.jpg

5918
Living Room / Re: Why I Pirate - An Open Letter to Content Creators
« Last post by 40hz on March 12, 2012, 06:19 AM »
Canadian author, professor at University of British Columbia Faculty of Law, has a fantastic (IMO) short book "The Corporation" (there's a 3 hour documentary film to go with it), where he does make that claim.

Watched the first few installments on YouTube. Very good presentation. Definitely going to make time to watch it all with friends and discuss. +1 w/IainB - highly recommended.

Ironically, it's available on iTunes! $9.99 to buy, $2.99 to watch. (Why do I find that so funny?)

They also have an extended two DVD set with 6 hours of additional footage available for purchase for $25 USD.

I'll probably buy it eventually. 8)
5919

I think the term for this is "ambience":

1. the mood, character, quality, tone, atmosphere, etc., particularly of an environment or milieu: The restaurant had a delightful ambiance.
2. that which surrounds or encompasses; environment.


Thank you IainB!  :Thmbsup: :Thmbsup: That was the word I was looking for. (And which is funny, because I alluded to it in my earlier ramble - even though I didn't pick up on it!):

I don't really know how to describe it other than to say when you first cue an LP, just before the music starts you can hear "the room." That empty but not totally silent "space" that the music starts playing in a second or so later. That ambient space is something digital recordings don't have.

Sad when general memory loss also starts affecting your ability to recall vocabulary. ;D

5920
Living Room / Re: Why I Pirate - An Open Letter to Content Creators
« Last post by 40hz on March 12, 2012, 05:36 AM »
Different countries, different laws. Along with differing understandings - and expectations.

Turn the bank story round - suppose the bank CEO is crossing the street and the handbrake on a parked car fails and knocks him over causing severe permanent damage.

Do you think the teacher who owned the car would get away with the 'shit happens' defence - not only would they be sued to within an inch of their life by the *anker and/or his spawn but the local authorities would also be on it like the metaphorical ton of bricks with probable jail time.
-Carol Haynes (March 12, 2012, 05:00 AM)

You can advance hypotheticals endlessly. However, in the US you wouldn't necessarily face a criminal charge unless it could be shown that there was some personal culpability for that failing handbrake. If people could be held criminally liable for anything and everything that ever occurred, from any product they ever owned or used, then nobody would buy or use anything.

Not to say you might not be charged. (Criminal prosecutors can be as guilty of grandstanding as any personal injury attorney.) But it's a tough thing to prove in court that somebody knowingly and deliberately did something such that they should be held culpable. Especially for a product failure. (Not  remembering to set the handbrake would be an entirely different matter, because you could be held to be criminally negligent for failing to do so.) But usually for something to be considered criminal in the US there has to be clear indications of reckless disregard or criminal intent. So surprise, surprise - "shit happens" can be a valid defense against criminal charges, depending on the circumstances. Not so for civil torts however.

As far as civil suits go, there doesn't need to be a good (or even a real reason) to sue anybody in the US. You can sue somebody because you're having a bad day and you don't like their eye color.

Our court system is clogged with cases totally devoid of legal merit because of it. And even a complete lack of merit (or logical sense) is no impediment to getting a gullible jury to find for a plaintiff. Or to get a defendant to settle in order to avoid the cost of litigation. (Yet another example of risk management.) Such is the 'comedy' of liability litigation in the USA.

The unfortunate side-effect of this is that the bogus cases have introduced so much noise into the system that legitimate claims for redress have gotten devalued in the process. And since so many liability claims are a complete joke, those sued (and their attorneys) have learned to adopt a no-holds barred defense strategy. A strategy that's arguably even more important to take if you are being unjustly accused.

Shame really. Except for the attorneys. As one told me: Law and justice are all well and good. But at the end of the day - be it right, wrong, or something in between - its ALL billable time.

So again: Different countries, different laws. Along with differing understandings - and expectations.

As a society, we get what legal systems we're willing to tolerate.  :)
5921
Living Room / Re: Why I Pirate - An Open Letter to Content Creators
« Last post by 40hz on March 11, 2012, 10:02 PM »
No-one has ever been held responsible for what Union Carbide did in Bhopal, for example. Their US workers got compensation, but not the survivors in India.

There's a bit more truthiness than truth in that statement.

Bophal was discussed in an earlier thread. See this post about halfway down.

Come to think of it, much of the thread touches upon these exact same issues (justice vs the law, limits of corporate responsibility, etc.) so it might be worth rereading the entire thing. I think it was one of the more interesting discussions ever conducted on this forum. Top of the thread can be found here.
 :Thmbsup:

Yep, so for show, a CEO or some minions occasionally land in court , while the corporation continues to exist and do as it pleases. Courts can revoke the corporate charter, which is effectively a "corporate death penalty", but it is never invoked. Instead, we're always told it's the fault of some "bad apples" at the top or just below it. It isn't. Replace the convicted jailbirds with new hires and they will continue to act in exactly the same way, only be better at hiding it.

That is a major problem and one that really does need to get addressed by the legal system. In the United States there's a bad habit of allowing corporations to reach a settlement with the government over an alleged crime. It remains "alleged" because it never gets to court. A business is allowed to consent to whatever the government demands (fine, change of practices, industry reforms) without admitting wrong doing. It's virtually identical to the Alford Doctrine which allows you to plead guilty without admitting guilt. They call this the "I did it - but I didn't do it!" plea.

It's a lousy way to do things and it really does have to stop.

Some States are now beginning to see the problem and danger of allowing businesses to "consent" without an admission of guilt. Legislation is being drafted in a few places (it remains to be seen if it ever becomes actual law) that forbids such a plea to be accepted by the courts. If this legislation passes, businesses that refuse to plead guilty to a criminal charge will have a plea of "not guilty" entered on their behalf by the court - after which the case will proceed to trial.

Two and a half years ago, a girl here in Poland was walking by a bank and got severely injured when a slab of concrete fell off and hit her directly on the head. Sounds like a parable about a big bad bank, doesn't it,

Not really. At least not to me. Did the bank deliberately toss the slab down on that unfortunate girl? Or did it's management have some culpability due to negligence or lack of other reasonably prudent behavior that might have prevented this accident? Sometimes bad things happen through nobody's direct fault.

I do know some country's legal systems have provisions for what would be called "unlimited liability" over here. (The USA, for the most part, doesn't.) So if that's how the law works where this incident occurred I can understand why people living there might feel outraged. I don't necessarily agree since I don't know all the particulars in this case. But I can understand why some people in other places with different expectation from their legal system might be upset.

The bank refuses to pay compensation. Instead - and this is why the story is on the news right now -  the bank's insurer has hired a private investigator to spy in the girl at the college where she is studying.

This again might be differing expectations. Although it would be considered bad form to do that here, it would also be more likely than not. But that's because whatever compensation gets paid out is based on calculations of what has 'actually' been lost. So over here it's not unusual to investigate and attempt to ascertain the true extent of someone's injury. If you're claiming to be no longer able to work or have a normal life because of an injury sustained through someone else's negligence - and then post a bunch of photos on your Facebook page showing you skiing or partying your brains out - that might raise doubts as to just how injured you are or how large your personal loss actually is.

In the US, you only get compensated based on the extent of your demonstrable injury and loss. For example: If you're left unable to earn a livelihood, the courts tend to award up to what they considered your reasonable earning potential was for the number of years you might be expected to work. Plus provision will be made for medical and related care expenses such that it won't cut into what was awarded for your financial loss. They refer to that as "being made whole." Awards for subjective "pain and suffering" are usually limited under statute. My own state puts a cap of something like $200K on what can be awarded to a plaintiff purely for their pain and suffering.


Different countries, different laws. Along with differing understandings - and expectations. :)




5922
MEWLO Web Framework / Re: OLD - Unfinished Web project: YUMPS
« Last post by 40hz on March 11, 2012, 05:43 PM »
It's a framework rather than a theme (WordPress-speak :D)

Oh, I understand what a framework is. (At least I think i do. ;D) My question was more about what the overall design of the framework was more geared towards. Many frameworks are engineered with a fairly specific class of application in mind. Mouser has indicated his framework is more a general purpose one. I was just wondering how "general purpose" general purpose was in this context.

5923
If the speakers were "crazy expensive" as well they may have played a large part in the increase in music quality.

They would. As long as the cartridge was up to what the speakers could deliver. Best speakers in the world won't sound much better that standard quality ones if the cartridge is middle of the road spec-wise. The ultra-delicate and expensive "floating magnet" designs commanded a premium - and were well worth it IMHO. Best way to waste an investment in expensive speakers was to plug a turntable with a cheap ceramic cartridge into the tuner. Whereas upgrading the turntable almost always resulted in a nicer sounding system. Usually that's what made you realize you needed better speakers.

Poor quality in = poor quality out. Even before the advent of digital that was true. ;D

That's the challenge of creating a good audio system. You can't isolate any single element in a signal chain and ignore all the others. They're all heavily dependent on each other. That's why half the time you went out to buy a new component - you came home with most of an entirely new stereo system.

Boy did the audio shops (remember those?) love that! 8)
5924
MEWLO Web Framework / Re: OLD - Unfinished Web project: YUMPS
« Last post by 40hz on March 11, 2012, 02:42 PM »
I dont know anything about "Microsoft's Web Developer".



Ok. Never mind then. :)


-----------
P.S. (Here in case you're curious.)
5925
MEWLO Web Framework / Re: OLD - Unfinished Web project: YUMPS
« Last post by 40hz on March 11, 2012, 11:44 AM »
So (just so I'm clear on this) YUMPS has more in common with something like Microsoft's Web Developer than it does with an extensible but still prepackaged web solution like Joomla or Wordpress.
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