* Posts by Ian Michael Gumby

4454 publicly visible posts • joined 11 Apr 2006

Bradley Manning to be moved to new military prison

Ian Michael Gumby
Grenade

@Graham Bartlett

I suggest that you spend some time Google'ing what is the definition of a war crime.

Its not so arbitrary.

Also look up the definitions of "Rules of Engagement' (RoE)

"Fog of War".

Your argument relies on Assange's edited version of the video to try and prove your point. Yet in context,the chopper crew were acting in accordance of their RoE.

BTW, while you casually say ... "Sure there were guys with guns around, but demolishing an entire apartment block with missiles to kill the one soldier who's ducked in there demonstrates an utter disregard for the lives of civilians."

Lets point out the following:

1) Bad guy uses civilians as human shields.

2) Bad guy attacks and kills NATO troops.

3) Bad guy part of group which was firing RPG rockets at US forces.

BTW... lets also look at a simple fact.

More innocent civilians were killed by insurgents and suicide bombers than from US/NATO troops. But don't let the facts get in the way of your pipe dream.

Ian Michael Gumby
Grenade

@NoneSuch

When mainstream journalists embed themselves with the insurgents and the insurgents are firing on US troops, well, they knew the risks of what they were doing.

Of course I wonder if you remember this guy Daniel Pearl?

And you do realize that the video you refer to was edited by Assange, right?

Please see my earlier post referencing Eddie Adams and his Pulitzer Prize winning 1969 photograph from the Viet Nam war.

Ian Michael Gumby
Boffin

Huh?

Ok, its no wonder you post anon because you don't even get your facts straight.

"War crime, depending how you look at it, probably not."

Its not how I or you look at it. Its how the US and other Nations view it. And I'm not talking about any conviction but just enough evidence to bring charges or an investigation. None, nada, zip. No cover ups, nothing in the reports to even hint at an investigation.

No 'probably not' anywhere.

"But the video did look like a bunch of Hick sounding jocks using 50mm weapons on people, who even in the shitty video did not appear to be a direct threat to anybody, not only on the insurgent targets but women and children, whilst yeeeeeharrrring!, and obviously enjoying it, just make the US forces look bad.

Huh?

You mean the door gunner?

First if it was a 50, its 50 caliber. (M2 'Ma Duce' machine gun). That means the bullet diameter is 1/2". 50mm is a cannon shell and has a diameter of over an inch. Second, I'm not sure if they have 50's on door gunner platforms. Usually its a 7.62mm NATO aka .308. Or even a 5.56 NATO (.223 cal) machine gun/ mini gun.

Third... you seem to forget this thing called RoE (Rules of Engagement) and of course that what you saw was edited by ASSange himself to be prejudicial. Putting that footage in context and you get a different picture.

I can go on, but I think you get the point.

And if you want to do some homework check this out...

http://www.famouspictures.org/mag/index.php?title=Vietnam_Execution

The photo was taken by Eddie Adams.

You should read the web page but here's a quote that I think you should try and understand...

"I won a Pulitzer Prize in 1969 for a photograph of one man shooting another … The general killed the Viet Cong; I killed the general with my camera. Still photographs are the most powerful weapon in the world. People believe them, but photographs do lie, even without manipulation. They are only half-truths. What the photograph didn't say was, "What would you do if you were the general at that time and place on that hot day, and you caught the so-called bad guy after he blew away one, two or three American soldiers?" General Loan was what you would call a real warrior, admired by his troops. I'm not saying what he did was right, but you have to put yourself in his position.

"

--Eddie Adams "

-=-

Go follow the link and read the web page. Then you might start to understand the dangers of Assange's dumping of documents without providing any context. You might begin to appreciate the damage he's done.

I don't believe that Manning did this all on his own. Sorry, but his actions don't fit.

Ian Michael Gumby
Grenade

Now the slippery slope starts.

First the US Military was condemned for solitary confinement and suicide watch.

Now its condemned for putting Manning in a facility where he will be around other prisoners.

It sucks to be Manning right now and he has only himself and Assange to blame for it.

(IMHO he was duped by Assange.)

And for what?

No War Crimes were exposed.

(Except that Assange leaked some of the identities of people who worked with the NATO forces.)

(Also lets not forget the leaked details of sensitive operational material which even the NYT wouldn't print and the NYT does like a good expose...)

Nothing but embarrassing diplomatic posts that had no value but to injure the US's reputation and to air dirty laundry.

The best sci-fi film never made: Also-rans take a bow

Ian Michael Gumby
WTF?

Downvoted?

Geez!

Am I the only one who remembers what they did to Startship Troopers?

And do you think that they won't hack up Bill and make it so terrible that any actor that stars in it wishes that it never sees the light of day?

Ian Michael Gumby

No Way!

I actually voted for it.

Good story on post apocalypse world.

I also voted for the Wolfe series too.

Ian Michael Gumby
WTF?

Heinlein requires one to develop a certain taste in his works....

If you look at his stories, some are really good, like the 'Moon is a harsh Mistress'.

But others like 'The cat who could walk through walls' also goes in to his 'series' of stories that play around 'The number of the Beast' story line. And then there are other authors who also wrote about alternative universes. Zelanzy ?sp? is another one.

Ian Michael Gumby
Alert

'Bill the Galactic Hero' ? NO FSCKING WAY!

Ok,

First, I do like the story.

But it would be too easy for Hollywood to screw it up and do a horrible job.

The Forever War? That is an excellent story and something which could be made in to a movie, however I think that you may find that parts of the ending story line would not go over too well for certain closed minded individuals.

Ian Michael Gumby
Boffin

@ AC re Will Smith

"Omega Man" was made in to a movie staring C. Heston. Smith stared in the remake.

Going from memory, wasn't I Robot a collection of stories and not a specific story?

What Smith acted in resembled a bastardization of 'Caves of Steel'.

I think the problem we see in adapting sci-fi books to movies is that the directors and actors don't grok the initial storyline so that they hack it to shreds trying to please a crowd of people rather than keeping true to the storyline.

Ian Michael Gumby
Boffin

Larry Niven?

I'm disappointed in that some of Niven's collaborative works got mentioned while a lot of his works from the 70's and 80's did not. Personally I didn't really care for some of his collaborative works...

Niven created an alternative universe which could be made in to both a TV series as well as a series of movies. Protector fits in to Ringworld, Ringworld Engineers, etc...

'A world out of time' also ties in to his earlier works but some of his themes might be too adult for the mainstream audience.

Like others of his era, they use Science Fiction/Fantasy to explore the changes in their current society. (Like the episode of Star Trek where two guys have 1/2 of their face painted Black and the other white... only they are mirror images of themselves trying to question the issue of race... (Stuff like that....) )

So if you have to choose, try and find stories that are:

1) relevant to today's society and social issues.

2) have enough action to satisfy Hollywood.

3) have some bits of drama and comedy intermixed.

I mean there are literally 100's of great stories that could be adapted to tv and movies. Even a safe bet and much better than remaking movies that were done 20-30 years ago and even some of them were remakes of moves from the 20's, 30's and 40's.

I agree that Larry Niven's works would translate well.

Ian Michael Gumby
Dead Vulture

Uhm... You do know that the movie I Robot was really

Caves of Steel?

Take a look at the plot line.

Microsoft's Word fight opens in US Supreme Court

Ian Michael Gumby
WTF?

@Ed Deckard

I'm afraid you don't understand what Microsoft is asking...

Suppose you own a patent.

I violate your patent and you then go to sue me.

For you to even file a lawsuit, you have to demonstrate that you are indeed the patent holder.

Without this your suit will be tossed. You then make your claim of alleged patent infringement.

What Microsoft is asking for is that they want to argue that , while you were granted a patent, that the patent which was granted shouldn't have been granted in the first place, therefore they are innocent of violating your patent.

What this does is place the burden of proof on you to not only show that I infringed on your patent, but then to defend your rights to the patent in the first place. So as the plaintiff you now have the extra burden to defend your patent.

This makes it more expensive for you to sue anyone defending your IP.

It also means that its easier to defend against alleged patent violations.

Going back to your analogy...

It doesn't really work. It would be saying that you didn't really steal my car because I don't really own the car because I have a car loan. And even that fails.

Ian Michael Gumby
FAIL

Slippery Slope argument by Microsoft.

While I think all Software Patents and Business Process patents should be tossed, Microsoft is arguing that if/when they get sued for violating someone's patent that they can then argue that the patent is invalid and try and invalidate the patent as part of their defense.

This is dangerous because it would mean that anyone can violate a patent at will and when the patent holder sues, they are on the defensive to prove that their patents are indeed valid. This way, the company with the deeper pocket wins.

Clearly in Microsoft's, Google's, IBM's, etc... favor.

Blighty's Skylon spaceplane faces key tech test in June

Ian Michael Gumby
Thumb Up

You have to start somewhere...

I have to give the effort a thumbs up.

If it works, great.

If not, then I hope that there are lessons learned and the concept continues.

As the author points out... the amount of start up costs are limited because they have to prove that key critical components must work prior to the rest of the aircraft being built.

The cool thing is that if these components work and others do not, its possible to redesign or to use these components in to other projects. Kelly Johnson was a freak of nature. Probably the first person to innovate the agile process too!

Google whacked with another monopoly moan

Ian Michael Gumby
Boffin

No Joke

Bing, Yahoo!, and of course others that are country specific like Korea or China.

And that's the point.

Remember the huge advantage Microsoft had with its IE and the fact that it came preloaded?

Replace Microsoft with Google, and IE with Search.

Once Google is judged to be a monopoly, the laws and rules change.

So, what's the best sci-fi film never made?

Ian Michael Gumby
WTF?

Niven animated?

Sorry but you can do Ring World and a lot of his other stuff as Live action with tons of CGI.

(Avatar shows this...)

I mean he does have a lot of good story lines that appear to have been 'borrowed' by others.

I'd love to see a puppeteer!

Intel to pay OEMs to build Atom-Android tablets?

Ian Michael Gumby
Boffin

Duh! Winning!

"The "sources from notebook players" who fueled Thursday's DigiTimes report spoke only of Honeycomb, the tablet-centric operating system that debuted in the Motorola Xoom. No mention was made of Intel's MeeGo operating system, which was dealt a blow when former MeeGoer Nokia decided that Windows Phone was going to be its smartphone OS of choice – although the Finns left the door open for MeeGo as a possible tablet OS."

You do realize that once the Hardware is built, its fairly simple to flash the system and put on a different OS? So once the hardware has Intel inside, putting MeeGo in wouldn't be too difficult.

MeeGo wasn't ready for prime time and the market is highly competitive.

Intel is definitely locking their market in to their platform.

Viking Modular plugs flash chips into memory sockets

Ian Michael Gumby
Thumb Up

Huh? I think you need to look at the bigger picture.

Sorry, but you're looking at PC only. Think server mother boards like those you can buy from super micro.

Here you have more memory slots because they are built to take 100+GB in memory.

(192GB in some.) Considering that these 2 socket Xeon MBs usually get 32-36GB of memory, there's a lot of open slots.

I'd agree that for your typical home PC that the number of slots for your i7 or smaller chips would be at a premium.

I can't be the only guy who has a custom built 'silent' linux server in his home office... :-)

Writers sue Huffington Post for back pay

Ian Michael Gumby
Boffin

Clarification...

Figures that some blog post would have a better wording of what I was trying to say:

"To the extent that the contributors such as Tasini might not have any contractual rights to remuneration from their content, to the extent it has been provided on a free basis, the flip side of this position is that the Huffington Post does not automatically have any right to the content and does not have the right to commercially exploit the content.

While the Huffington Post was aggregating contributed content to provide a diverse media platform then there was an implicit agreement between content provider and platform that there was mutual benefit but on being sold, the Huffington Post fixed a goodwill value to its site, reputation and content which will have drawn on the collective contributions to the site. So if one stripped the Huffington Post of its content and contributors would it still command and have commanded the value it did and has? - probably not.

Mediabeak's assessment is therefore that while contributors such as Tasini do not have a claim to a share of the proceeeds of the sale of the Huffington Post they do have the right to request that their contributions be removed from the site (subject to any agreement they may have signed that provides otherwise) post sale to AOL - the argument being that they did consent to and implicitly license the content of their copy to the Huffington Post platform as was but did not consent to licensing and providing their work for free to AOL.

"

-=-

The url is here:

http://mediabeak.blogspot.com/2011/04/huffington-post-bloggers-in-huff-105m.html

The point is that its not a slam dunk against the authors...

Ian Michael Gumby
Paris Hilton

The lawsuit will get settled out of court...

MyHeadIsSpinning conjectures that there may have been a contract in place where the works were submitted for free under a trial period and then later at the end of the trial period the writers would be compensated if Huffington continued to use their works. Nice idea, but I doubt such a contract exists.

While many will shoot from the hip, there's some merit to the lawsuit.

Did the Authors submit works unsolicited or did Huffington Post solicit work from authors with the initial promise of exposure and the potential for later remuneration?

I believe that this is the allegation. The lawsuit could be arguing that their works created value for Huffington while Huffington failed to honor their implied agreement for the 'later remuneration'.

Lets be clear, the value of Huffington is in the content and not in the website itself. This is where there is merit to the lawsuit. One could argue that Huffington has the perfect business model. It finds 'volunteers' to generate content so that their only investment is in creating the site, getting it hosted and recovering their start up costs via ad sales, then sell out to a larger fish.

However on the flip side, if the agreement was that Huffington would merely give exposure to the authors so that they could find gainful work elsewhere, then the lawsuit is sour grapes. Contractually if there was no promise (written or verbal) of future remuneration, then the case doesn't hold water.

That would be the first thing to come out in discovery. Huffington and AOL don't want this to go to trial because it could be used to set an expensive precedent.

Assange™ says Guardian claims 'completely fabricated'

Ian Michael Gumby
Boffin

@Wayneh

Perhaps you didn't understand the analogy.

The point I was trying to make is that if Assange assisted the police, so what. Convicted felons are used as snitches. And in prisons even other prisoners also look down on pedophiles.

I suggest you read the editorial made by the NYT editor. It will shed light on your best bud Assange and how Assange made his own rules and violated their agreements.

There are two sides to every story and you're not paying attention to half of the story.

As pointed out by Scorchio!!, comments made by Assange's own best buds discredit what Assange is claiming. Assange's own mythos is unraveling before our eyes.

Ian Michael Gumby
Grenade

@wayney

Sorry but as I and Scorchoi have said, we're two different people.

Its hard to deny one's hacking exploits when you've got a criminal record, and of course its part of his 'celeb persona' which is part of his mythos.

And yes, hackers and former hackers, even those working in IT Security are considered untrustworthy.

Just ask Kevin Mitnick ?sp?.

Ian Michael Gumby
Coat

@Wayneh

I seriously doubt you've hung around lawyers much.

First Assange was given a lighter sentence because the judge felt sorry for him and felt that his home life, or rather lack of a home life was to blame. Schorchoi ?sp? actually has some quotes and a link to his case. The lighter sentence was not a reflection on the crime or rather an understanding of the seriousness of the crime. Were this crime committed in today's climate... meaning that some other person did it... the outcome would have been different. Hmmm. What's his name... McKinnon? You know the Brit fighting extradition to the US?...

But lets get back to the point.

Assange claims to be suing the Guardian. According to the Guardian, they haven't seen anything about the suit.

Were this lawsuit ever to materialize and go to trial, Assange would be in a difficult spot.

Its a "he said, she said" situation. So on one side you have the Reporters/Editors who will all testify that Assange made those comments. That they were present and witnessed it. Assange and members of his entourage present would obviously make statements to the counter.

So whom is the judge to believe? Who has the more credible statement?

This is where you get in to the character of the person making the statement.

As I stated, there are enough ancillary statements and stories whose facts are not in dispute which tend to corroborate the reporter's statements.

Even if you end with a toss up... that is that both sides present evidence which can't be corroborated, the burden of proof is on Assange to show that he didn't make the statement.

The truth is that if the statement were a fabrication, Assange would have jumped on it immediately. Remember how he reacted when one of the papers (The Guardian in fact) that received leaked material from a Wikileak's insider? And how an editor (NYT wasn't it?) had to defuse the situation? Yet months after the alleged statement was made in the press attributing Assange to being insensitive... he's now threatening to sue for libel?

Add to this the fact that Wikileaks released their documents on the world, and then later redacted them, well after the fact?

Like I said, Assange's claims don't add up.

WIth respect to the pedophile bust ... I could make a joke about it. (But then the Moderator would reject this post) Instead I'll leave you with a thought... Pedophiles don't do well in prison. So should we give a medal to those inmates that beat on pedophiles too? Or should the police not use felons as snitches?

Ian Michael Gumby
Grenade

@wayneh

So were you in the room with the NYT, Guardian, and Assange and his ontourage?

That's ok, neither was I.

So what we have is one party making statements accusing quotes made by others to be libel and false.

The other party is of course denying that there is a lawsuit, that the statements are libelous and that Assange really did make those statements.

So whom are we to believe?

If we consider several other incidents and statements which aren't being refuted, combining them with Assange's other out bursts, we can determine that the reporters are credible.

An example is the fact that the reporters and editors decided to not link their articles back to wikileaks' site. Their stated logic was that Assange nor Wikileaks did enough redaction or filtering of the data and exposed sensitive data. In one instance one of the reporters who was ex-military and had been embedded in the service(s) felt that operational detail that should have been redacted wasn't.

We don't see Assange denying this, do we?

We see in another passage, reporters spoke of Assange as 'skipping' down the street like a small child. And in another we hear about Assange bursting in to one of the editor's offices with lawyer in tow threatening to sue because someone leaked Wikileaks' data to the press.

The point is that taken as a whole, we can see a pattern emerging from Assange that calls to question his credibility. Add to this his past... you know, the hacking conviction back home in Australia. ...

But to your point about being down voted. I believe I and others get down voted because we speak our opinions and provide the facts to support our opinions. These facts are from historical events and legitimate news sources.

"You want truth? You can't handle the truth." While this is a line from a movie, its unfortunately a very true statement concerning the world around us.

Ian Michael Gumby
Black Helicopters

Too funny.

Sales said, the authors said they wanted Assange "to redact the names of informants mentioned in the Iraq War logs and they claim that you said, 'Well, they're informants, so if they get killed, they've got it coming to them, they deserve it'. Did you say that?"

Assange described this as "completely fabricated", saying "we are suing them for libel and we have witnesses to show that is a libellous claim, and is an ongoing dispute, so there's a lot of vitriol in the top end of the news business and a lot of back-stabbing, and unfortunately we happen to be on the receiving end of it from this individual."

The Guardian's David Leigh, now a regular Assange antagonist on Twitter, responded that Assange's claim was itself a fabrication. “#Assange tries to mislead Oz media. Claims he is suing #Guardian #Wikileaks book for libel. It’s a lie. No lawsuit."

-=-

This is too funny.

First, I would say that the reporters are much more credible than Julian.

Second, this is actually one of Scorchoi's favorite quotes because it shows Assange for what he truly is.

Third, I love the fact that Assange is threatening to sue everyone who has a contradictory statement.

Seems the bundle of lies you call Assange is starting to fall apart.

I suspect I'll be down voted because I dare to speak the truth.

Ian Michael Gumby
WTF?

Huh?

"...but to keep making unsubstantiated claims against anyone who he thinks crosses him is starting to make him look, well, a bit unhinged..."

What do you mean by saying 'starting'?

Feds defend Twitter dragnet on WikiLeaks supporters

Ian Michael Gumby
Coat

@BBre: Indeed...

"And that is porbably why these Twitters are asking for their details to be kept from a medieval theocratic neocon regime."

I didn't realize that these Twitters were being threatened by Iranians. (Oops! Wrong Theocratic regime)

Or the Taliban. But then again the Taliban hate anyone who doesn't think like they do and wouldn't hesitate to kill you just for breathing.

Nope, The Twitters finally have realized that their actions have consequences. You thumb your nose at a Super power, you might just get hit back.

Clearly you're not a voter, however I am. Nothing released from anything put out by Wikileaks is either a surprise or anything that remotely shows the US Government involved in an illegal act. No smoking gun, nothing. In fact the only illegal thing in all of this was allegedly committed by Manning when he stole the information. What's not known is how the data got to Wikileaks and who assisted Manning (Allegedly).

So as a voter. Wikileaks has done nothing to change my mind concerning my elected officials. I already knew that they were corrupt and incompetent. That's the beauty of a Democracy, yet somehow things get done and we end up doing the right thing most of the time.

Mine's the jacket with the Kevlar lining.

Ian Michael Gumby
Black Helicopters

@Scorchio!!

"It is probable that all armed forces engaged in war commit these sorts of crimes. The point is perhaps not to stop the crimes, but to stop the wars whence these crimes originate, though more than 75% of males are forensic (if pushed I can pony up the data), and the recent UK glut of knifings, shootings and 'happy slappings' is nothing new; in the 1950s the 'Teds' regularly used razors to carve people up, and so on throughout history."

This is true. We can go back to pretty much any conflict and find evidence of War crimes.

With respect to the US, once a War Crime allegation is made, it is investigated and if true, those that perpetrated the crime are charged and tried.

Note that none of this has happened in light of the Wikileaks dumping of information.

No crimes have been exposed and the only criminals involved are Assange (as you pointed out he's a convicted felon back in Australia and allegedly Manning.)

Google hits 'prove we killed no Afghans' – Assange™

Ian Michael Gumby
WTF?

Huh?

"And all because a pipeline didn't get okayed and a frat boy and a poodle get instrumented in a jiffy. Nice."

Huh?

I guess you're making your decisions based on inuendo and rumors and jokes.

The reality is that the Bush Administration actually believed that Saddam had WMDs.

After his capture, Saddam admitted to this charade but was surprised that the US fell for it. It was meant to keep Iran at bay.

It wasn't just Bush, but Congress voted to go to war too.

Assange gets appeal date

Ian Michael Gumby
WTF?

@AC Huh?

"Even were he to be proved guilty of rape, being a communist, a child pornographer, and a witch, it doesn't make his ideas and comments on politics wrong. I wish more people would read his various political interviews, and not let the rape accusations distract from the massive corruption that he has been highlighting"

What massive corruption?

Seriously. The man doctors gun camera footage, dumps after action reports, and then diplomatic cables... What crimes have been revealed?

Show me one crime?

Ian Michael Gumby
Grenade

@AC

It's interesting in what moderators accept or reject...

But clearly this AC doesn't really read what I've posted.

Had he done so, he would have understood that in context I was referring to the fact that Assange only faces potential charges back in Sweden. Technically he has yet to be charged with any crime. Clearly if you wanted to be a grammar nazi, you would have pointed this fact out.

In reading you post you have this belief that Assange has done good. Unfortunately this viewpoint is more of a reflection on the demise of the Western educational system.

First, presenting information out of context usually does more harm than good. Assange does this not once but 3 times with respect to the US. Second Assange was too busy to vet his information, which is something that the traditional journalist is ethically bound to do. Third Assnge didn't censor his information until well after the fact and exposed sensitive information.

The bottom line is that more harm than good was done and it is unfortunate that you and others lack the necessary context to appreciate the repercussions of his actions. Manning would have been better served if he had dumped his intel into the laps of the NYT instead of Assange.

We live in a world where some idiot in Florida exercises his rights to burn a book and this insensitive act causes a riot thousands off miles away. People were killed over this. Like Assange, I doubt the 'pastor' really cared about the consequences of his actions...

Ian Michael Gumby
Boffin

@John Deeb

Common sense?

You've probably seen the Harrison Ford move "The Fugitive" ? Its plot is based on the real life murder of Dr. Sam Sheppard's wife in Cleveland OH, back in the 50's.

Because Dr. Sheppard came from a prominent Cleveland family, the initial police investigation didn't turn up anything. It wasn't until a reporter from the Cleveland Plain Dealer continued to raise questions that public opinion forced the police to act and then charge Dr. Sheppard with murder.

The reason I raise this issue is to show you that there is always the chance for someone to use influence. Either to force or hinder prosecution.

There were two unrelated gun cases in Chicago, one pre McDonald vs Chicago's US Supreme Court decision and one post decision. In both cases, the prosecutors never pursued charges because they know that they could never find a jury that would convict even though the two people involved both broke the law.

Again these are cases where politics played a part in the cases.

But lets look at Assange.

The charges he faces are not politically motivated. Like a charge of Espionage.

The charges are actually on the list of charges that do not require to be compared to the charges under UK law. So under international law, if the EAW meets the requirements and its judged to be a valid EAW then Assange is off to Sweden.

To defend Assange by crying foul and saying that the rape charges are politically motivated is a moot point as far as the extradition hearings are concerned. He has to go to Sweden to fight the charges.

Ian Michael Gumby
Boffin

@tumbleworld

Assange isn't charged in the US. They are still investigating him.

His only crime is that of rape in Sweden and that's what's on the table.

Everything else is a non issue.

Assange's own Swedish lawyers got flayed in court, pretty much admitting that he obstructed justice...

Ian Michael Gumby
Boffin

@EvilJason

"On one side he is totally innocent and the other he is completely guilty so far i have not seen many people who simply think that it should be all settled out without any chance of political motivation be taken into consideration."

No.

On the one side you have those who believe he's innocent and this is all a 'stitch up'.

On the other you have those who believes he may have committed a crime and that its the right of the Swedes to seek his extradition so that he can face a trial. There is no presumption of innocence or guilt, just that the guy ditched the country with the help of his lawyers and obstructed justice from happening.

I really don't care if he's guilty or not. I just want the bastid to go back and face a court of law to answer the charges.

Assange puts himself above and outside the law. For a kid that's one thing. For a forty something adult? He deserves to be smacked down so he might actually grow up.

You can probably blame Mommy for screwing up the guy.

Ian Michael Gumby
FAIL

Rubber stamp? Its no wonder the guy is going to jail

Look, here's the simple truth.

Assange allegedly broke Swedish law.

He needs to go back and face the music and is either going to be found innocent or guilty.

His charge is of Rape as defined by Swedish law.

For his appeal to work, he would have to show that the English courts erred by misinterpreting International Law, and IMHO, the judge did not.

Whether the case in Sweden has merit is irrelevant at this time. On the face of it, the warrant is valid. Assange's legal team already raised their arguments challenging the warrant and unless they have new evidence, to challenge the legality of the warrant, they will fail.

So its not a rubber stamp, but the actual law working.

Fail because Assange is trying to play the system to avoid jail time all on his duped follower's dime.

Commodore USA prices up revived C64, VICs

Ian Michael Gumby
Happy

@DZ

:-)

Touche.

Well played.

Ian Michael Gumby
Coat

@Vic, You were never a Cyberpunk, were you?

The point is looking retro and being different.

Today everyone has their iPad, iPhone, MacBooks (Notice how the masses are now all on Apple?)

So how do you differentiate yourself to show your pride in your inner geekdom?

When everyone talks about their latest blog, facebook update, or how they can't wait for the new iPad3 that doesn't yet exist.... what's the uber geek to do?

The answer is to go retro.

Mine's the jacket with the slide ruler in the pocket.

Nokia admits 'open' Symbian is not open

Ian Michael Gumby
Boffin

@AC, do you actually listen to yourself?

Look, here's the simple skinny.

Why do you need or want access to Symbian?

Are you going to rewrite the phone OS? No.

Are you going to write applications that sit on top of the OS and you want to make sure that your app will run and take advantage of the APIs available? Yes.

Here's why Nokia isn't going to 'open source' Symbian. Its the same reason why Apple doesn't 'Open Source' iOS. Its called control over the user experience.

Symbian is the platform. There are certain things that need to be controlled, like device drivers, connectivity and access to the subscriber's network.

In another article there's talk about an app (Pandora) which has the company in hot water because the free app probably violates privacy laws. Or Google's android that actually uses your phone as a way to provide SSIDs and GPS locations of 'hot spots'. (Per a reader's post).

So if you were Nokia, how do you control that someone doesn't morph the OS to embed something like that?

How do you stop someone from 'unlocking' their phone to do something it wasn't intended to do?

So quit bashing Nokia for doing something that makes sense.

But I forgot. Google is cool everyone else is evil. Can you say brain washed?

Pandora's mobile app transmits 'mass quantities' of user data

Ian Michael Gumby
Boffin

@ AC Wrong!

"It's a nice attempt at data mining, but still nothing compared to the amount of information which can be extracted from the UK national census far before the 100 years rule we all think governs it... You did read all the small print the previous govt introduced under the guise of fighting terrorism didn't you?"

The information provided to the government's census is static.

You'd actually tie that in to the information being collected by these smart phone apps.

What I find ironic is that you're actually defending this practice while condemning your government's census information.

Its as if you trust the greedy bastards more than you trust your government.

Google may face 'broad US antitrust probe'

Ian Michael Gumby
Black Helicopters

Do ya think?

"The DoJ is investigating whether Google could use its web search monopoly to hamper competition in the vertical flight search market, but it may also be asking the broader question of whether the company's search dominance could lead to another monopoly in virtually any vertical search market."

Geez what do you call it when you have a monopoly on search and ad generation where you can fix the prices and 'black box' your algorithms because you don't want them 'gamed' and then use your gains to subsidize entries in to other markets? Oh and when I say subsidize, I mean enter the market reducing the fair market price to zero such that you starve the competition out?

Ok, so that's Google taking a lesson out of Microsoft's playbook. Lesson 2 that they stole will be, litigating it for years, spending millions forcing the US Government to spend millions until the US courts determine that Google is a monopoly, then appeal it taking more time, all the while still racking up billions. The lawsuits are just the cost of doing business.

We've seen it before, and while the outcome is predictable, we still have to go through the motions.

Of course Google has been planning for this day...

You have Google lobbyists now working for the White House, and Schmidt looking for an appointment to another government job. Unlike Microsoft, Google is borging the US Government...

The Black Choppers not because of the government, but Google's sekret ops team ... ;-)

Google preps identity spotter app

Ian Michael Gumby
Big Brother

Just FYI... Check out Eden of the East...

Sure its Japanese Anime, but the concept is the same so that if anyone asks, prior art does exist.

Microsoft files monopoly complaint against Google

Ian Michael Gumby
Boffin

@Lewis

"When Microsoft was found to be in violation of the antitrust laws in the US, they appealled to the US Supreme Count hoping to avoid the illegality of commingling IE with the OS."

No. That's a common misconception.

Microsoft appealed to the Supreme Court because while the case was tied up in court, they were still allowed to continue with their bad deeds. They were making money and still abusing the market until they lost in the US SC. It was just a stalling tactic.

They may have spent millions on lawyer's fees but they made even more money.

Ian Michael Gumby
Boffin

Do you hate Yahoo! too?

Regardless of who you hate, Microsoft has a valid point.

Personally I want to shout 'So who's the bee-itch now?' and 'How does it feel to be screwed by a Monopoly, sucks doesn't it?'

But looking at this objectively, Google is using its dominance in one market, a monopoly, to gain entry and dominance in another. Google is in essence a Monopoly, however it will take a court to actually determine and label Google a Monopoly.

For those who would respond that '... when a better product comes along, we'll switch to that one...' the problem in a market dominated by a Monopoly, a better product can't come along because of unfair market competition. We saw this with Microsoft and earlier in IBM.

Love them or hate them... Google has reached that point where they are a Monopoly and need to be named and labeled as such. When you're a Monopoly, the laws change...

Scientists eye curvaceous Earth gravity map

Ian Michael Gumby
Boffin

Pypes is a witch Burn him!

Look I know he's trying to point out the fact that even in ancient times, someone with a brain in their head kinda figured out that the earth was round.

But the truth is that the ignorant masses didn't and believed the earth was flat.

Heck I bet if we hopped in our time machine and went back to before the time of Kepler people would argue that the Sun circled the earth and not the other way around.

That is everybody but the Mayans that is...

Google open source guru: 'Why we ban the AGPL'

Ian Michael Gumby
Boffin

Apache is 'fair'?

"Google's preferred license, DiBona reiterated, is Apache, because "it has patent grants that are fair." Unlike the GPL, Apache has no copyleft requirement, meaning those who use Apache code needn't distribute their changes back to the community."

Apache allows company A to release code to the community.

The community then enhances code and Company A has the ability to slurp up the code and use it in their proprietary process without crediting or compensating the person who enhanced the original code.

Its like getting a portion of your development staff for free.

Other companies like Apache in that they can commit fewer resources to a project. That is... if an open source needs several man years of support, Company A could commit 1-2 developers, Company B could commit 1-2 developers... and pretty soon you have 20+ committers. So the set of companies benefit by distributing the cost of development.

The reason the second group likes Apache is that if they want to keep their own sekret sauce well secret, they don't have to release it. Just ask Yahoo! about Hadoop. ;-)

Others like GPL, LGPL and AGPL because they get to retain some level of control over their 'baby' and also get some level of fair compensation off their work.

Ian Michael Gumby
Boffin

His analogy may be flawed but he's right...

There was a case where a company made a hardware appliance that ran on Linux. They sold their product (router/switch) but they didn't ship the source code for Linux w their mods. I forget most of the details but this was one of the cases where the GPL was enforced.

Looking at the DVD example...

If Google made DVD players and shipped DVD players then under the AGPL with it. (Assuming the DVD player software was licensed under the AGPL.

You are right that there is nothing wrong with Google not choosing the AGPL, but the OP's last point is still correct.

Google gets biennial privacy audit after Buzz blunder

Ian Michael Gumby
Black Helicopters

The only good thing about Buzz...

Is that it showed that former Google employees that were hand picked by the White House were still having 'out of channel' communication with their 'buds' at Google.

And since the communication was 'out of channel', we don't have a public record and we don't know if the communication was or was not unethical.

Hint: Its illegal for a stock broker to go out for a smoke and talk to a client on his cell. Just ask Martha.

Google's 'clean' Linux headers: Are they really that dirty?

Ian Michael Gumby
Boffin

Estoppel? Huh?

And exactly what do you mean when you say Estoppel?

Did you mean Estoppel by Laches?

"A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation.

When you claim that a person's legal suit against you is not valid because of this, you would call it estoppel by laches."

Here's your example:

"Turns out, the kernel guys are so fscking useless at maintaining a usable set of ABI headers that cleaning kernel headers is a regular occurrence, not just at Google. And the kernel guys know all about it and have never had a problem. So Estoppel kicks in, they've allowed it to happen before, too late to change their minds and sue now. And notice: they've allowed it to happen with a changed licence at least once - the LGPL is not the GPL V2."

You're describing Estoppel by Laches which this is not the case.

Clearly you haven't talked to a lawyer or really tried to understand what is meant by Estoppel in its many definitions. (Equitable estoppel, sometimes known as estoppel in pais, protects one party from being harmed by another party's voluntary conduct. Voluntary conduct may be an action, silence, Acquiescence, or concealment of material facts. See Lambertini v. Lambertini, 655 So. 2d 142 (Fla. 3d Dist. Ct. App. 1995). )

Your example is one of 'Estoppel by laches' and this is not valid because of the following:

1) Google just announced what they are doing... that is stripping out what they consider 'copyrightable material' so that they can then copyright the material under Apache instead of GPL.

2) For Estoppel by laches to be valid, the defense in a lawsuit would have to demonstrate that knew or that a reasonable person should have known what the defendant was doing and the statute of limitations had run out.

Now the statute of limitations varies by state and by act and the clock doesn't start ticking until the act becomes public. Meaning that the potential plaintiff in this case had to know that the act had occurred, or that a reasonable person in place of the plaintiff had to know that it occurred and that it was an actionable act.

Ian Michael Gumby
Coat

@ Raumkraut, @Vic and @ Zolko

It looks like Zolko and I are on the same page.

What we are essentially saying is that you can't rip apart a document to the point of where the remaining material is no longer worthy of a copyright.

That is what Google says that they did and that they can do because after 'filtering' on the document, what's left isn't 'Creative' thus not subject to a copyright. And there's a legal definition to what is meant by 'Creative' and its open to interpretation.

The bottom line is that Google is yet again trying to take a short cut because they want to re-release GPL code under Apache license.

This is why many people have been saying 'Not all open source code licenses are created equal'.

Mine's the jacket with one pocket containing code released under GPL and one pocket containing code I wrote released under Apache. (And neither the two shall meet.)

Platform wants to out-map, out-reduce Hadoop

Ian Michael Gumby
Headmaster

Doh!

Sorry I read this as something IBM is behind because of the 'IBM's Big Table' inclusion....

Yes, I had a Homer Simpson moment and I'm big enough of a man to admit it.

However you can replace IBM w Symphony and my comment stands...

"The one thing that the Symphony MapReduce release will also have is a price tag that is significantly higher that the free and open source stack. Without the MapReduce functionality, Symphony 5 costs $250,000 for a 100-node cluster, and scales up to millions of dollars for licenses. ®"

Now I feel like a Stooge!