Berkeley CSUA MOTD:2005:January:07 Friday <Thursday, Saturday>
Berkeley CSUA MOTD
2005/1/7-8 [Science/Disaster] UID:35583 Activity:nil
1/7     I finally have my answer as for the timeline of tsunami arrivals.
        Note that the waves travelling west did so at about 625 mph;
        east, significantly slower (because of shallower waters).
        Waves hit Thailand at or a little later than they did Sri Lanka.
        \_ Any login/password for CSUA?
           \_, pw: 123456
              \_ also refer to for u/p to most news sites
           \_ also, if there were a CSUA-specific login (csuamotd/csuamotd),
              it probably got fucked with.
2005/1/7-8 [Politics/Domestic/California, Reference/Law/Court] UID:35584 Activity:high
1/7     Anyone has any luck suing a person/business outside of California
        through small claim court?  How can the court order the defendant
        to appear in this case?
        \_ The same way that they order people in the state to appear.
           Just because a person is out of state doesn't mean that he/she
           can't be sued and required to show up in court. The only issue
           here is whether the court will uphold that it has jurisdiction
           over the case.
           \- this is not strictly correct. a business has to have
              "dealings" in california to be sued in a CA court.
              in the case of a person, this is more unlikely unless
              possibly the suit is over some issue that required being
              in CA ... like say a car accident or some tort involving
              such a physical act. there are things called "long arm
              statues" which is how corts can compel non-residents/remotely
              incorped busness to appear, but i am not sure if small claims
              courts have differnt long arm statues. for a real/large business
              it is highly likely that they have enough business presence
              in CA .. in which you can probably check with the sec of state's
              office who the califnornia agent is for process service/summons.
              for somebody who runs a hotdog stand in louisiana, you probably
              cant sue them for food poisioning in CA court. on an amusing note
              on the jurisdiction question you may want to look at Mayo v.
              Satan and His Staff. --psb
              \_ Yes, psb, we know this. What do you think "jurisdiction over
                 case" means? It is strictly correct. If you don't know what
                 \- as someone i know used to say "i dont mind tautologies;
                    they're always true!". saying you can sue in court X
                    if court X has jurisdiction i suppose is meaningless and
                    unhelpful more than true/untrue. "the court feels" ...
                    is driven by guidelines such as the ones i discuss.--psb
                 "jurisdiction over the case" means don't comment. Also, you
                 don't need a business presence in CA to be sued in CA. All
                 that is required is that the court feels that it has original
                 jurisdiction on the matter involved. Under the UCC this means
                 the place of business, and if the business was conducted
                 in CA then the court will find it has original jurisdiction.
                 If all fails, you can go file a suit in Federal Court, and
                 there will NOT be ANY questions about original jurisdiction,
                 but for a small claims matter it's not worth the money.
                       \-mr. d. ass: you also misuse the term "original
                         jurisdiction" ... that is in contrast to appelate
                         jurisdiction, not geography or "diversity juris-
                         diction". as you suggest, federal ct may be an
                         option, but whether it is worth the money is not
                         fully up to the plaintiff, but there is a minimum
                         specified in the USC and USCA. See e.g.
                         \_ Uhm, no, there is really only the concept of
                            "original jurisdiction". It encompases what you
                            refer to as "geographic jurisdiction", which in
                            reality is a fiction. So STFU dumbass. Original
                            Jurisdiction always comes from the lower courts,
                            and appellate courts have original jurisdiction
                            in certain types of cases. There also isn't
                            really a term caled "appellate jurisdiction,"
                            which is a fiction also. However, since it's
                            unfortunately come into common usage I suppose
                            that it can be considered as such.
                            Read up on some Prosser/Keaton.
                 \_ I belive the problem here is that the two of you
                    are confusing two separate ideas: personal jx and
                    \- i'm not the one confused. the OP is the one
                       specifcally asking about the geographic/diversity
                       \_ Sorry. The guy who was responding to you is
                          a doofus, and I should be doing hw instead of
                          writing about jx...
                          writing about jx on the motd...
                    subject matter jx. A ct must have both in order
                    to hear a case. SMJX is sometimes refered to as
                    "original jx" in the context of fed cts.
                    In order for a ct to hear a case, it must first
                    have SMJX. In general state cts are cts of general jx
                    and have original jx over all cases. Fed cts are cts
                    of limited jx and have original jx only over two types
                    of cases, federal question (USC Title 28 Sec 1331) and
                    diversity (USC Title 28 Sec 1332). The jx of the fed
                    cts are limited by Article 3 of the Constitution.
                    In order for a case raise a fed question the complaint
                    must arise from the constitution, treaties of the US
                    or laws of the fed gov.
                    In order for a case to be in diversity two requirements
                    must be met: (1) the claim must be greater than $75K (if
                    you are trying to sue in small claims, you can't meet
                    this) and there must be complete diversity in citizenship
                    "across the v". Complete diversity means that no plaintiff
                    and no defendant must be citizens of the same state. A
                    corporation is considered a citizen of 2 places, the
                    place where it is incorporated and the place where it has
                    its primary place of business. The primary place of bus.
                    can be determined using one of two tests: (1) the nerver
                    center test (where are the admin offices located) or (2)
                    the muscle test (where the manufacturing occurs).
                    Personal jx is a different idea. It is refers to the
                    power of a ct to compel a person to appear before it and
                    defend a suit. PJ is proper in a state if the defendant
                    (1) resides there or (2) was personally served with
                    process in the state. PJ may also be proper over non-res
                    defendants IF the state has a long arm statue authorizing
                    the exercise of PJ over non-res defendants. Almost all
                    states have such statues. Some states (ex NY) enumerate
                    the circumstances under which PJ may be properly exercised
                    by the states cts over non-res, while others (ex CA) say
                    that any exercise of PJ consistent with Due Process is
                    Even if there is a statue that says that PJ can be
                    exercised by the ct, that exercise must be consistent
                    w/ the requirements of Due Process which according to
                    the USSC means that that the defendant has to have min
                    contacts w/ the state AND the exercise of PJ must be
                    consistent with traditional notions of fair play and
                    substantial justices (see Intl. Shoe)
                    If the case is related to some specific action of the
                    defendant w/ or in the state, then even a single
                    contact may be enough (specific jx). If the case is
                    unrelated to the contacts of the defendant in the
                    state, then lots of contacts are need.
                    There are lots of factors that a ct considers when
                    figuring out if PJ is fair: (1) the burden on the
                    defendant to defend in the state, (2) the interest
                    of the plaintiff in efficient resolution, (3) the
                    interest of the state, (4) interests of other states
                    and (5) shared interests of many states.
                    I'm sure this was WAY more than you possibly wanted
                    to know. Anyway, the upshot of all this is that if
                    you are suing a non-resident corp in small claims
                    ct you will probably not have any basis for being
                    in fed ct and you will probably have a hard time
                    compeling the corp to appear.  However, you may be
                    able to get a judgment by default and then via
                    Full Faith and Credit get a lean on the corp's
                    property in its home state. Then you can show up
                    at the annual shareholders meeting and say that
                    you are not leaving the bldg until the deadbeat
                    corp makes you whole. This is an effective way
                    to get your money and your ass kicked in one go.
                          \_ Sorry, you're wrong. If you actually understood
                             substantive law instead of merely googling for
                             stuff you'd understand what
                             "original jurisdiction":
                             really means. And PSB, stop junking up the motd
                             with your google transcripts. I'm sure we can
                             all cut and paste from the web. That doesn't mean
                             you know shit about the law.
                             \- are you the person whose orginal contribution
                                [sic] was the tautology above?
                                \_ My friend, if you actually knew anything
                                   about law you'd realize that it is filled
                                   with tautologies. Res ipsa loquitur.
                                   An example of this include the following:
                                   the description of cause-in-fact or
                                   actual cause
                                   the description of proximate cause
                                   the concept of what a reasonable person is
                                   the concept of what negligence is
                                   the definition of intent
                                   the definition of voluntary
                                   Take a 1L course in substantive law,
                                   see if you can pass it. Then come back
                                   and we'll talk.
                                   \_ First time poster, long time listener
                                      here.  The description of 'actual cause'
                                      is not as simple and tautological as you
                                      may think.  Email me for technical
                                      details. -- ilyas
                                   \- the law may be filled with tautologies
                                      but your first respose was totally
                                      useless. Well 99% useless. You claim
                                      1. you may be able to reach out to
                                      someone in another state 2. and you can
                                      do so if the court decides you can.
                                      while i suppose point #2 is sort of a
                                      "legal realist" answer [the law is what
                                      courts say it is ... as opposed to some
                                      metaphysical body of a priori principles
                                      of justice], it's not helpful to the OP.
                                      if you are an attorney and gave me
                                      advice like that, i'd not only think the
                                      "law's an ass" but my lawyer was too.
                                      some tautolgies ... or "analytic
                                      statements" are trivial, some are
                                      merely uninteresting and some are
                                      useful or insightful. 1=1 is trivial.
                                      x^23+x^5+x+5=8 has solution x=1 is
                                      a useless factoid. sum 1/2^x from 1
                                      to infinity = 1 is "interesting" ...
                                      so all of these are "tautologies across
                                      the equal sign", but only one is a
                                      valuable observation.
           \_ Thanks.  I am doing this for someone.  I have sent two
              emails to the debtor and I was never able to reach the
              debtor by phone.  Small claim court is the next logical
              \-email is pretty worthless. send a demand letter by registred
                or cert mail or whatever it is called.
              \_ If the person you are trying to sue is a non-resident
                 the ct may not have any effective way to compel them
                 to appear and defend (provided PJ is proper in the
                 state in which you bring your suit). Since the cap on
                 small claims is $2,500, many non-residents will just
                                 \_ Not neccesarily true, certain
                                    districts allow you to sue up to
                                    $5000. It depends on the district
                                    and the state.
                 decide that it is not worth the hassle and won't appear.
                 You will be given a judgment by default, but in order
                 to enforce this judgment you will have to travel to
                 a state where the defendant resides and ask a ct in
                 that state to enforce the judgment (the ct has to b/c
                 of Full Faith and Credit).
                 Enforcement is a bit easier if the non-resident has
                 property in the state in which you sue. As part of
                 your suit you can ask the ct for a pre-judgment
                 attachment of the property. If the defendant is a
                 no-show, then you will be awarded judgment by default
                 and you can ask the ct to order a sheriff's sale of
                 the property to satisfy your judgment.
                 \- law person: for a good time you may wish to look up
                    789 F. Supp. 395 ... also avail at:
                    Last line is sort of funny, w.r.t. jurisdiction.
2005/1/7-8 [Consumer/Camera, Computer/SW/Apps] UID:35585 Activity:low
1/7     I'm trying to digitally restore a very old color photo.  I need to
        * Retouch scratches
        * Increase color saturation
        * Adjust brightness and contrast and hue ('Levels' in photoshop)
        What is the best order of operations here?  I can see spending several
        hours on this image and want to get it right the first time.
        \_ Levels before color (adjusting the levels will mess with your
           color saturation).  I don't think it'd matter much when you fix
           the scratches. --jameslin
        \_ Increase color saturation before retouching scratches, otherwise any
           artifacts from retouching the scratches will be magnified.  The
           same applies to Level if you're expanding the level ranges,
           otherwise the opposite applies.
           \_ I was thinking that too, but it'll only protect somewhat against
              artifact magnification.  If your monitor and printer aren't
              calibrated, for example, printing the picture might show
              artifacts you didn't see on the monitor anyway.  For retouching
              scratches I usually make a Levels adjustment layer with an
              insane gamma first so I can see potential artifacts, and then
              retouch the scratches on a layer below. --jameslin
2005/1/7 [Computer/HW/Drives] UID:35586 Activity:nil
1/7     I just downloaded a disk image that is 676megs, which is 16megs
        larger than the capacity of my cd-roms. Is there anything I can do
        to mount/copy it onto the cd-rom?
2005/1/7-8 [Politics/Domestic/President/Bush] UID:35587 Activity:moderate
1/6     Why Republicans rule-- they have clout and money:
        (synopsis: The Bush administration paid a prominent black
        journalist to promote Bush and give Education Secretary media
        time, records show)
        \_ And this somehow surprises you? That's the nature of politics.
           \_ That's the nature of American (or western) politics.  In China
              it's the other way around: "Why did he become rich?  Because he
              has political power."
              \_ Well, it's actually the same. One becomes rich and one
                 attains political power which results in one becoming even
                 richer and attaining even more political power, ad naseum.
                 Whether one first attains political power or becomes rich
                 is somewhat immaterial. The bottom line is the powerful
                 are rich and the rich are powerful.
                 \_ In other words, the US is no better than China.
                    \_ Ohmygosh, you mean power corrupts, irrespective of
                       nation, race, or creed?  Say it ain't so!!
        \_ Yeah.  Poor John Kerry.  No clout and no money.
2005/1/7-8 [Politics/Domestic/911] UID:35588 Activity:nil
1/7     "We don't need the Americans' intervention. We know who to elect.
        Not like them -- they elected a moron."
        \_ so? We don't need the Al Qaeda intervention. We know who to
           elect, not a moron. But Bin Laden came out in November and
           look at all the morons voting for a moron.
           \_ Somewhere there's a bridge missing its troll.
              \_ Crap, I came on too strong again.  I am so desperately lonely!
                 \_ There, there, I understand there's a trio of goats heading
                    your way even as we speak.
2005/1/7-8 [Computer/HW/Laptop] UID:35589 Activity:nil
1/7     So I had the chance to order and set up a ThinkPad T42 for my boss.
        It rocks.  It's the most well-built standard light-weight notebook
        I've played with.  They could do better with the styling, but I got a
        1.6 GHz model for $1,389 before tax at  One stuck red
        pixel, but it's on the border.  (For personal use, I'd still probably
        go with a Fujitsu S7010 for the extra USB port, Windows key, and
        lower weight - although it's not as better constructed.  As for Dell,
        the Latitude D600 is light-years better than previous Dell notebooks,
        but the T42 really kicks ass.)
2005/1/7-8 [Politics/Foreign/MiddleEast/Iraq] UID:35590 Activity:moderate
1/7     Yahoo! News - AP: Sri Lankan Teenager Raped by Rescuer:
        Hope the rapist's genitals be bitten off by dogs.
        \_ so? in Vietnam there were a bunch of things going on...
           thousands of villages were burned down and thousands of
           kids were raped. There are also thousands of Viet/White and
           Viet/Black children born in the 70s. God knows how many
           women and children are being raped in Iraq. That's the
           nature of war. Here is a pretty good article
           on psychological/biological reasons for rape behaviors
           in ALL wars:
           \_ This article borders on pop psychology, with little meaningful
              analysis aside from vague hand-wavy references to other
              researcher's works.  I don't think this goes very far toward
              making or reinforcing your point.  Perhaps you should STFW for
              something a little less sensational and a little more analytical.
           \_ Tsunami = War.  Ok, I got it.
             \_ the scale is just so off. One rape in the rescue mission vs.
                hundreds of rape in wars. Totally off scale. Personally I'd
                trade in 1 rape to get rid of 1 unnecessary war.
                \_ I don't see anything in the article that says the guy
                   was actually part of any rescue operation.  It sounds
                   like it was just some dude who also happened to be
                   washed out or something.
                   \_ No, he wasn't part of a rescue operation -- he rescued
                      the girl, then subsequently forced himself on her.  In
                      that context, he's 'a rescuer'.  That's how I read it,
                      \_ Yes that's what the article says.  However, the
                         headline itself is very misleading, although true.
                         -- OP
                      \_ Sorry, I'm just trying to make sense of the 2nd
                         poster's connection between the tsunami and the
                         vietnam war.
        My point is that there are even more rapes in wars, why doesn't -/
        anyone care about that? Hundreds of rape vs. 1 rape in the
        disaster. Your sense of scale is warped.
        \_ Uhm, his sense of scale is fine; it's your sense of compassion
           that's fucked in the ass.
        \_ Somewhere there's a bridge missing its troll.
           \_ Well, tell that troll to learn how to formal his posts.
           \_ Well, tell that troll to learn how to format his posts.
              \_ How the hell do you "formal" a post troll?
                 \_ Well, presumably, one starts by spelling format with a
                    't' instead of an 'l' -- otherwise especially obtuse motd
                    denizens get confused.
                 \_ Put it in a Tux!
2005/1/7-8 [Computer/HW/CPU] UID:35591 Activity:moderate
1/7     Is there a way to determine whether a e-commerce site uses 3rd party
        payment processor (and which one) or its own server?
        \_ Is this the fellow buying porn again who doesn't want to be IDed?
           What the hell is up with all these weird e-commerce questions?
           And the answer is no unless the site was written for you to know,
           wtf are you doing that requires you to know this and why do you
           \_ Plus, most of it goes to the same large backend companies
              like Paymentech anyway.
           \_ pr0n is irrelvant.  It's digital anonymous currency or slavery.
              Live free then die.
           \_ Put this in your mind: there is someone stalking you: he follows
              your every click, POST and GET.  He knows your addr, ssn and dob.
              He knows your wife's name, taste, and cup size (from her shopping
              at  He has your joint CC and bank account
              # as well.  Last but not the least, he has your consent to use
              all that information however he chooses after you clicked on the
              "I agree" button.  Because he is a multi-trillion $ industry
              with access to tens of thousands of supercomputers he has the
              mean and motivation to profile, predict and prescribe your
              behavior.  Should you disobey, your info will be sold to the UN
              human traffickers at a discount.  Freedom requires anonymity.
              \_ you mean they were watching me when i ordered that
                 tinfoil hat?
                 \_ in fact, they tampered with it before it was delivered.
2005/1/7-8 [Politics/Foreign/MiddleEast/Iraq, Politics/Foreign/Europe] UID:35592 Activity:nil
        "Also, in an apparent sign that American relief agencies want to keep a
        lower profile, several trucks delivering supplies from U.S. AID removed
        large banners marking the source of the shipments."
        \_ Use you brain. They're in a muslim part of the world, they're also
           in a low security part of the world, especially with the
           disaster. Easy targets for extremists with twisted agendas.
2005/1/7-8 [Recreation/Dating] UID:35593 Activity:nil
1/7     Funny wacko:
        \_ He's remarkably silent about the tsunami. I like to think he's
           been chastised, but I doubt it. An interesting character.
           \_ If you can't recognize irony when you see it, that's your
              failing.  Not his.
           \- he seems to neither write well, nor have anything to
              intelligent to say. i guess not all media morons are
              political extremists like ann coulter.
2005/1/7-8 [Computer/SW/SpamAssassin] UID:35594 Activity:nil
1/7     How do I have spam assasin dump spam to /dev/null?
        \_ In your .procmailrc, just put /dev/null instead of the name of
           your spam folder.
2005/1/7-8 [Computer/SW/SpamAssassin] UID:35595 Activity:low
1/7     So, is TinyP2P really only 15 lines, or should we include the numerous
        \_ It's written in Python, what do YOU think?
           \_ I think some humorless people don't get things. -op
           \_ import spam, spam, spam, spam, spam, spam, spam, spam # I think
2005/1/7-8 [Politics/Domestic/California, Computer/Networking] UID:35596 Activity:low
1/7     I'm driving from LA to SF tomorrow. Is there a website that can tell
        me how I can get there? I am hearing rumors that I5 might be closed
        and also that 101 sometimes has mudslide issues.
        \_ google "caltran" yields url:
           \_ yes, thanks, but that doesn't really give driving directions
              based on closed routes, or even alternate routes.
        \_ rain+LA=complete misery. Are you ready for complete misery?
           \_ I believe this is true for all of southern CA, I lived in
              Bakersfield.  brrr...
2019/02/21 [General] UID:1000 Activity:popular
Berkeley CSUA MOTD:2005:January:07 Friday <Thursday, Saturday>