If a lawyer tenders their expert advice that the case is a loser, and that their client might have to pay the legal fees of the defense, but their client wishes to proceed anyway, why would they decline?
The plaintiff has the right to be heard, has a right to bring even frivolous cases before the court, and has the right to be smacked down by the court for bringing a frivolous case.
As long as their lawyers advice is sound and realistic, then the lawyer is not at fault if a plaintiff decides to ignore the legal advice and proceed to court.
But, if the lawyer doesn't advance the likelihood of losing, of having to pay the defendants fees, then the lawyer should be sanctioned.
At one time, many of the various publishers and journals were independent organisations. So it wasn't as much an issue during the 19th and early half of the 20th century, when most of these journals got established and became the 'key' or go-to publisher.
But in the latter quarter of last century, and so far this century, there has been much consolidation in ownership, with Elsevier gradually buying up the journals and becoming a monopoly or near-monopoly publisher of often well-established, prestigious journals.
It has been hard for many of these tradition-bound universities and research institutions to wean themselves away from, in some cases, century-old prestigious journals.
I don't and haven't used Hotspot Shield VPN, never even been to their website. However, on another article on this issue (on ars), there is a user comment:
It says right in the TOS that they might inject ads or redirect certain sites to interstitials in order to make revenue.
Now if this is true, it will be interesting to see how this plays out with respect to TOS and other various agreements, which ones take priority and so on.
Another thing worth considering, is that Hotspot has both a free and paid for service. Which conditions apply to which services? Do the various quotes in this article about the companies statements about not logging, not passing on information etc. apply to only the paid service and not the free service, or does it apply to both?
I can see it being that free version has the above TOS, where they will inject stuff, and that the privacy protections only apply to the paid version and the above TOS doesn't.
So it could be a case of confusion, people applying paid-for-terms/statements to the free service, or it could be they are completely dodgy...
Most people would probably love if they could go to one place and pick and choose the "channels" they want.
There is, if you are willing to come to the Dark Side, muhahahaha.
If you do have several subscription services, the tools developed for the pirating community, that can go out to various different services (different torrent sites, different netnews sites, etc.), and pull it all back for you, aggregating it to your own local single end-point, offer a much superior service to accessing the various subscription services. Sad, isn't it?
This security flaw is so simple, so obvious, that no competent developer would have ever done it that way in the first place.
This is what happens when the people who come up with the idea, who don't have any real development experience, decide to implement it themselves, or get someone from fiver, rather than hire actual experienced developers.
How hard can it be? they think. There are heaps of templates out there on the hosting services that do this stuff, let's use one of those, follow the bouncing ball to create a website. And since I'm already being cheap, I'll choose the cheapest, simplest template to use - hey, that one'll do, it was last updated 15 years ago, it's even free, must be good since it hasn't needed any updates! It doesn't matter that I've got no idea what it's actually doing behind the scenes, how it works.
The problem is Becki who runs the social media has no business trying to understand the problem & deciding if it should go up the tree.
The whole point of having senior co-workers, supervisors, managers, bosses is to have someone to pass a problem on to that you don't understand. You don't need to decide to pass it on. If Becki doesn't understand or have doubts, she should do it without thinking.
It doesn't take much training to say "if you get a complaint/incident that has any of the words security, hack, accessing other users information, privacy concerns, holes, I can do something I don't think I should be able to or other similar terms, you escalate it." You don't need to understand it if you are low-level customer service, just pass it on to someone more senior for them to assess it. Customer service deals with and handles routine queries and issues - forgotten password, how do i do ..., what benefits does this option give me, how much discount do i get, and so on. Anything outside that should be passed up the tree, because that's what a tree (or pyramid) structure is for.
I don't know what the actual filing fees are, but if you can afford it and they aren't too large (like $100 or something), then it would be worth it to challenge small seizures (the $1, $16, even a a few hundred) pro se to save on lawyer fees.
The point is to make it cost way more for the police to have seized the money than they are making from the seizure, not to win your money back.
The cost of the DA's, having to have the police officer or officers in court for a day as witnesses, and so on. Drive up the costs to the police as much as you can, call the police officers supervisors as witnesses over the record of the officer. Even if the judge doesn't let you call such a witness, that'll be a motion that probably requires separate hearing to determine decide, which requires the DA's to be there.
even though their mobile devices can't support 4K.
1) Most (non-low end) 4G mobile devices have MHL capable USB ports, which means they can be plugged into TV's to watch the streaming content on an attached TV, therefore the mobile device is being used as content delivery/access, not as the consumption device.
2) Most 4G mobile devices have the capability of being used as access points for other devices, so even if it is a mobile device, it could be being used as an internet access point for other devices, laptops, etc.
3) 4G != mobile, it can be, but doesn't have to be. For example, I have a dual-ported router at home that supports using a 3/4G USB dongle as an internet modem, for either primary connection, load balancing connection, or a failover connection. That is not 'mobile'.
4) Many people in temporary accomodation use a 4G router as their primary internet access because getting landline connections, connection/disconnection/setup fees is quite expensive when only spending 2-6 months in one residence, not to mention installation lead-times that mean it could take a couple weeks to get it installed.
5) Salespeople (e.g. IBM, MS, CSC, and so on) use 4G dongles or phones as hotspots when doing presentations at customer sites using laptops/projectors/conference systems to access their material or demonstration environments set up on remote services (aka 'cloud').
6) Residences that find it hard/expensive to get landlines installed use 4G as their residence-wide internet access.
This is not about mobile devices, this is about the 4G and future xG wireless networks.
We are testing some stuff here so instead of getting your whole BigMac you are getting only the bun because of transportation restrictions. - Said no McDonnalds ever.
On rare occasions, like once every couple of years, I do get a burger from Macca's that has either the wrong size bun, like a quarter-pounder patty in a big mac bun, or a couple cheeseburger patties in a quarter-pounder bun. Sometimes they do run out of stuff.
That is unless you consider the public voicing their opinions and concerns an attack, which is I guess how this dipshit (Pai) sees it, an attack on his authorita!
The web and search-engine indexed sites are a subset of the Internet, not 'the' Internet or the 'real' Internet.
The Internet existed before search engines and the web. Those are just newer services that exist on top of the existing Internet and only apply to a relatively small portion.
All the 'dark-web' is is web sites that are not indexed on the commonly available search engines and/or that do not use the standard ICANN DNS root zones. There are many sites out there that don't use any DNS at all (so you need to know the IP Address) or that use alternative root DNS systems.
Dark Web is a news or authoritarian scare term for what is, in fact, most of the Internet.
At the bottom of every page is a "submit a story" link, perhaps they could submit a story themselves?
Some of the insider shop options are: "Lunch with Mike" and "Day with Techdirt". I'm sure that if someone purchased those options, then they could spruik their story ideas and preferences to Mike or the TD crew directly.
The US must be trying to prop up Canadian, Mexican and Caribbean airlines and transportation. Now they'll get all the US-bound passengers, carrying their laptops, who can then walk/drive/bus/boat across the US border where this restriction doesn't apply - yet.
Assuming businesses don't start actively trying to take the US out of the loop entirely so there is no need for even videoconferencing.
I wouldn't be surprised if startups or companies looking to expand internationally, rather than looking to the US as a key market to get a foothold in, or source from, start ignoring it entirely and concentrate on BRIC countries instead.
On the post: YouTube Personality Upset About Criticism Of His Video Loses Infringement/Defamation Lawsuit
Re: Re:
I disagree.
Lawyers do not bring law suits, plaintiffs do.
If a lawyer tenders their expert advice that the case is a loser, and that their client might have to pay the legal fees of the defense, but their client wishes to proceed anyway, why would they decline?
The plaintiff has the right to be heard, has a right to bring even frivolous cases before the court, and has the right to be smacked down by the court for bringing a frivolous case.
As long as their lawyers advice is sound and realistic, then the lawyer is not at fault if a plaintiff decides to ignore the legal advice and proceed to court.
But, if the lawyer doesn't advance the likelihood of losing, of having to pay the defendants fees, then the lawyer should be sanctioned.
On the post: Elsevier Continues To Build Its Monopoly Solution For All Aspects Of Scholarly Communication
Re:
But in the latter quarter of last century, and so far this century, there has been much consolidation in ownership, with Elsevier gradually buying up the journals and becoming a monopoly or near-monopoly publisher of often well-established, prestigious journals.
It has been hard for many of these tradition-bound universities and research institutions to wean themselves away from, in some cases, century-old prestigious journals.
On the post: Complaint Filed Over Sketchy VPN Service
This will be interesting to watch
I don't and haven't used Hotspot Shield VPN, never even been to their website. However, on another article on this issue (on ars), there is a user comment:
Now if this is true, it will be interesting to see how this plays out with respect to TOS and other various agreements, which ones take priority and so on.
Another thing worth considering, is that Hotspot has both a free and paid for service. Which conditions apply to which services? Do the various quotes in this article about the companies statements about not logging, not passing on information etc. apply to only the paid service and not the free service, or does it apply to both?
I can see it being that free version has the above TOS, where they will inject stuff, and that the privacy protections only apply to the paid version and the above TOS doesn't.
So it could be a case of confusion, people applying paid-for-terms/statements to the free service, or it could be they are completely dodgy...
On the post: Disney Pulls Content From Netflix As Users Face An Annoying, Confusing Rise In Streaming Exclusivity Silos
Re: Re:
There is, if you are willing to come to the Dark Side, muhahahaha.
If you do have several subscription services, the tools developed for the pirating community, that can go out to various different services (different torrent sites, different netnews sites, etc.), and pull it all back for you, aggregating it to your own local single end-point, offer a much superior service to accessing the various subscription services. Sad, isn't it?
On the post: Company Storing Families' Personal Data Blocks Users/Researchers Informing It Of A Security Flaw
Re: Can't fix stupid
This is what happens when the people who come up with the idea, who don't have any real development experience, decide to implement it themselves, or get someone from fiver, rather than hire actual experienced developers.
How hard can it be? they think. There are heaps of templates out there on the hosting services that do this stuff, let's use one of those, follow the bouncing ball to create a website. And since I'm already being cheap, I'll choose the cheapest, simplest template to use - hey, that one'll do, it was last updated 15 years ago, it's even free, must be good since it hasn't needed any updates! It doesn't matter that I've got no idea what it's actually doing behind the scenes, how it works.
On the post: Company Storing Families' Personal Data Blocks Users/Researchers Informing It Of A Security Flaw
Re: Re: Re:
The whole point of having senior co-workers, supervisors, managers, bosses is to have someone to pass a problem on to that you don't understand. You don't need to decide to pass it on. If Becki doesn't understand or have doubts, she should do it without thinking.
It doesn't take much training to say "if you get a complaint/incident that has any of the words security, hack, accessing other users information, privacy concerns, holes, I can do something I don't think I should be able to or other similar terms, you escalate it." You don't need to understand it if you are low-level customer service, just pass it on to someone more senior for them to assess it. Customer service deals with and handles routine queries and issues - forgotten password, how do i do ..., what benefits does this option give me, how much discount do i get, and so on. Anything outside that should be passed up the tree, because that's what a tree (or pyramid) structure is for.
On the post: Asset Forfeiture: Killing Criminal Organizations With $16 Seizures
It could be worth challenging
The point is to make it cost way more for the police to have seized the money than they are making from the seizure, not to win your money back.
The cost of the DA's, having to have the police officer or officers in court for a day as witnesses, and so on. Drive up the costs to the police as much as you can, call the police officers supervisors as witnesses over the record of the officer. Even if the judge doesn't let you call such a witness, that'll be a motion that probably requires separate hearing to determine decide, which requires the DA's to be there.
On the post: Verizon Throttles Netflix Subscribers In 'Test' It Doesn't Inform Customers About
Re: I can see both sides
1) Most (non-low end) 4G mobile devices have MHL capable USB ports, which means they can be plugged into TV's to watch the streaming content on an attached TV, therefore the mobile device is being used as content delivery/access, not as the consumption device.
2) Most 4G mobile devices have the capability of being used as access points for other devices, so even if it is a mobile device, it could be being used as an internet access point for other devices, laptops, etc.
3) 4G != mobile, it can be, but doesn't have to be. For example, I have a dual-ported router at home that supports using a 3/4G USB dongle as an internet modem, for either primary connection, load balancing connection, or a failover connection. That is not 'mobile'.
4) Many people in temporary accomodation use a 4G router as their primary internet access because getting landline connections, connection/disconnection/setup fees is quite expensive when only spending 2-6 months in one residence, not to mention installation lead-times that mean it could take a couple weeks to get it installed.
5) Salespeople (e.g. IBM, MS, CSC, and so on) use 4G dongles or phones as hotspots when doing presentations at customer sites using laptops/projectors/conference systems to access their material or demonstration environments set up on remote services (aka 'cloud').
6) Residences that find it hard/expensive to get landlines installed use 4G as their residence-wide internet access.
This is not about mobile devices, this is about the 4G and future xG wireless networks.
On the post: Verizon Throttles Netflix Subscribers In 'Test' It Doesn't Inform Customers About
Re: Re: Re: Not Correct....
On the post: Verizon Throttles Netflix Subscribers In 'Test' It Doesn't Inform Customers About
Re: Re: Can you hear me now?
When they say "working for you", they mean as an embezzling employee, an inside man who know's the best way to rip you off.
On the post: Verizon Throttles Netflix Subscribers In 'Test' It Doesn't Inform Customers About
Re: Re:
On rare occasions, like once every couple of years, I do get a burger from Macca's that has either the wrong size bun, like a quarter-pounder patty in a big mac bun, or a couple cheeseburger patties in a quarter-pounder bun. Sometimes they do run out of stuff.
On the post: Olive Garden Asks Olive Garden Reviewer Not To Refer To Olive Garden Due To Trademarks
Re: Re:
Do you mean a HyperLink™ to a article on Wikipedia™, The Free Encyclopedia™, about it?
On the post: FCC Won't Release Data To Support Its Claim A DDOS Attack, Not John Oliver, Brought Down The Agency's Website
Re: It was a DDoS attack
It was a DDoS effect rather than a DDoS attack.
That is unless you consider the public voicing their opinions and concerns an attack, which is I guess how this dipshit (Pai) sees it, an attack on his authorita!
On the post: Top European Court To Consider If EU Countries Can Censor The Global Internet
Re: Matter of time....
What do you mean by real Internet?
The web and search-engine indexed sites are a subset of the Internet, not 'the' Internet or the 'real' Internet.
The Internet existed before search engines and the web. Those are just newer services that exist on top of the existing Internet and only apply to a relatively small portion.
All the 'dark-web' is is web sites that are not indexed on the commonly available search engines and/or that do not use the standard ICANN DNS root zones. There are many sites out there that don't use any DNS at all (so you need to know the IP Address) or that use alternative root DNS systems.
Dark Web is a news or authoritarian scare term for what is, in fact, most of the Internet.
On the post: New Zealand Airports Customs Officials Performing 'Digital Strip Searches' Of Travelers' Electronics
Re: Re:
Although would not surprise me if Australia had similar regulations.
On the post: State Dept. Enlists Hollywood And Its Friends To Start A Fake Twitter Fight Over Intellectual Property
Re: Re: Talk about Twitter
At the bottom of every page is a "submit a story" link, perhaps they could submit a story themselves?
Some of the insider shop options are: "Lunch with Mike" and "Day with Techdirt". I'm sure that if someone purchased those options, then they could spruik their story ideas and preferences to Mike or the TD crew directly.
On the post: DHS To Expand Foreign Laptop Ban If Overseas Airlines Won't Make Their Security More Theatrical
On the post: DHS To Expand Foreign Laptop Ban If Overseas Airlines Won't Make Their Security More Theatrical
Re:
It'd be via portable storage media like USB sticks, m/SD cards, etc.
On the post: DHS To Expand Foreign Laptop Ban If Overseas Airlines Won't Make Their Security More Theatrical
Re: Re: A business opportunity in rented laptops...
On the post: DHS To Expand Foreign Laptop Ban If Overseas Airlines Won't Make Their Security More Theatrical
Re: This should drive a lot of innovation...
I wouldn't be surprised if startups or companies looking to expand internationally, rather than looking to the US as a key market to get a foothold in, or source from, start ignoring it entirely and concentrate on BRIC countries instead.
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