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  • Win7 OpenSSH config: no address associated with name

    - by Jonah
    I am using OpenSSH on win7. My home dir is C:\Users\JG, and inside that dir I have the file C:\Users\JG\.ssh\config, with these contents: Host <redacted server ip here> HostName digitalocean_git User git IdentityFile ~/.ssh/digitalocean_moocho/id_rsa The id file pointed to by the "IdentityFile" entry works, as I use it just fine via putty, but for this problem I am trying to get command line OpenSSH working. The crux of the problem is explained by this output: >ssh -v digitalocean_git OpenSSH_4.6p1, OpenSSL 0.9.8e 23 Feb 2007 debug1: Reading configuration data /c/Users/JG/.ssh/config ssh: digitalocean_git: no address associated with name Why is no address associated with the name? How can I make this work?

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  • Avoid htaccess redirecting to one folder Yii

    - by JG Estevez
    I have a website running over Yii Framework, I created a folder in the root path named blog, I installed a wordpress blog under this folder, but the files .htaccess that comes with yii is trying to redirect my request to www.domain.com/blog to the controller/action type which I don't want, I want to treat the blog folder as a completely app with no relation to yii. here is what I've done so far Options +FollowSymLinks IndexIgnore */* RewriteEngine on RewriteCond %{REQUEST_URI} "/blog/" RewriteRule (.*) $1 [L] RewriteCond %{REQUEST_FILENAME} !-f RewriteCond %{REQUEST_FILENAME} !-d RewriteRule . index.php as you can see I added the conditions to avoid redirecting for the blog folder but when I try to access the the url is telling me The page isn't redirecting properly. How can I solve this?? thanks

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  • C# app fails to load Matlab DLL when running from a shared drive?

    - by jg
    I have a C# .NET 2.0 program that calls a Matlab .dll file that I created using Matlab Builder for .NET. This Matlab .dll file is a wrapper for a m file function that I need to call from my C# program. Everything works fine when I run this app from my local drive. However once I copy the app to a shared drive the Matlab dll fails when it's first loaded. I setup caspol to allow .NET programs to run from shared drives. Does anyone know what could cause this problem or a tool that I could use to easily figure out what the problem is? Thanks.

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  • Interesting issue with ScriptManager timeout value happens only in win2k machines

    - by jg
    When I set the Asyncpostbacktimeout value to a large value like 3600000000, the scriptmanager throws a timeout exception (it throws the error almost immediately after user action which triggers ajax request, so it is not timing out because the server is not responding). If I reset this value to some sane number like 3600 or even 36000, it works fine. AJAx content is getting updated in the page. This weirdness happens only in windows 2000 machines and does not happen in XP machines Any thoughts ?

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  • How to properly downcast in C# with a SWIG generated interface?

    - by JG
    I've got a very large and mature C++ code base that I'm trying to use SWIG on to generate a C# interface for. I cannot change the actual C++ code itself but we can use whatever SWIG offers in the way of extending/updating it. I'm facing an issue where a function C++ is written as such: A* SomeClass::next(A*) The caller might do something like: A* acurr = 0; while( (acurr = sc->next(acurr)) != 0 ){ if( acurr isoftype B ){ B* b = (B*)a; ...do some stuff with b.. } elseif( acurr isoftype C ) ... } Essentially, iterating through a container elements that depending on their true type, do something different. The SWIG generated C# layer for the "next" function unfortunately does the following: return new A(); So the calling code in C# land cannot determine if the returned object is actually a derived class or not, it actually appears to always be the base class (which does make sense). I've come across several solutions: Use the %extend SWIG keyword to add a method on an object and ultimately call dynamic_cast. The downside to this approach, as I see it, is that this requires you to know the inheritance hierarchy. In my case it is rather huge and I see this is as a maintenance issue. Use the %factory keyword to supply the method and the derived types and have SWIG automatically generate the dynamic_cast code. This appears to be a better solution that the first, however upon a deeper look it still requires you to hunt down all the methods and all the possible derived types it could return. Again, a huge maintenance issue. I wish I had a doc link for this but I can't find one. I found out about this functionality by looking through the example code that comes with SWIG. Create a C# method to create an instance of the derived object and transfer the cPtr to the new instance. While I consider this clumsy, it does work. See an example below. public static object castTo(object fromObj, Type toType) { object retval = null; BaseClass fromObj2 = fromObj as BaseClass; HandleRef hr = BaseClass.getCPtr(fromObj2); IntPtr cPtr = hr.Handle; object toObj = Activator.CreateInstance(toType, cPtr, false); // make sure it actually is what we think it is if (fromObj.GetType().IsInstanceOfType(toObj)) { return toObj; } return retval; } Are these really the options? And if I'm not willing to dig through all the existing functions and class derivations, then I'm left with #3? Any help would be appreciated.

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  • How can I change my admin theme in symfony 1.4?

    - by JG
    I am using sfAdminJrollerTheme Plugin for some parts of my application, but when I generate new modules without admin generator, I lose same look and feel than jroller in my other application pages. I know maybe is good idea to use admin generator for everything but I cannot change all my modules. Regards,

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  • Most awkward/misleading method in Java Base API ?

    - by JG
    I was recently trying to convert a string literal into a boolean, when the method "boolean Boolean.getBoolean(String name)" popped out of the auto-complete window. There was also another method ("boolean Boolean.parseBoolean(String s)") appearing right after, which lead me to search to find out what were the differences between these two, as they both seemed to do the same. It turns out that what Boolean.getBoolean(String name) really does is to check if there exists a System property (!) of the given name and if its value is true. I think this is very misleading, as I'm definitely not expecting that a method of Boolean is actually making a call to System.getProperty, and just by looking at the method signature, it sure looks (at least to me) like it should be used to parse a String as a boolean. Sure, the javadoc states it clearly, but I still think the method has a misleading name and is not in the right place. Other primitive type wrappers, such as Integer also have a similar method. Also, it doesn't seem to be a very useful method to belong in the base API, as I think it's not very common to have something like -Darg=true. Maybe it's a good question for a Java position interview: "What is the output of Boolean.getBoolean("true")?". I believe a more appropriate place for those methods would be in the System class, e.g., getPropertyAsBoolean; but again, I still think it's unnecessary to have these methods in the base API. It'd make sense to have these in something like the Properties class, where it's very common to do this kind of type conversions. What do you think of all this ? Also, if there's another "awkward" method that you're aware of, please post it. N.B. I know I can use Boolean.valueOf or Boolean.parseBoolean to convert a string literal into a boolean, but I'm just looking to discuss the API design.

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  • Custom listbox sorting

    - by Arcadian
    I need to sort the data contained within a number of listboxes. The user will be able to select between two different types of sorting using radio boxes, one of which is checked by default on form load. I have created the IF statements needed in order to test whether the checked condition is true for that radio button. but i need some help to create the custom sort algorithms. Each list with contain similar looking data, the only difference in the prefix with which each line starts. For example each line in the first listbox starts with the prefix "G30" and the second listbox will be "G31" and so on. There are 10 listboxes in total (G30-G39 in terms of prefixes). The first search algorithm has to sort the lines by the number order of the first 13 chars. Example: This is how the data looks before sorting G35:45:58:11 JG07 G35:45:20:41 JG01 G35:58:20:21 JG03 G35:66:22:20 JG05 G35:45:85:21 JG02 G35:64:56:11 JG03 G35:76:35:11 JG02 G35:77:97:12 JG03 G35:54:29:11 JG01 G35:55:51:20 JG01 G35:76:24:20 JG06 G35:76:55:11 JG01 and this is how it should look after sorting G35:45:20:41 JG01 G35:45:58:11 JG07 G35:45:85:21 JG02 G35:54:29:11 JG01 G35:55:51:20 JG01 G35:58:20:21 JG03 G35:64:56:11 JG03 G35:66:22:20 JG05 G35:76:24:20 JG06 G35:76:35:11 JG02 G35:76:55:11 JG01 G35:77:97:12 JG03 as you can see, the prefixes are the same. so it is sorted, lowest first, by the next pair integers, then the next pair and the next but not by the value after "JG". the second sort algorithm will ignore the first 13 chars and sort by order of the value after "JG", highest first. any help? theres some rep in it for you :) thanks in advance

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  • Large file uploads from web pages

    - by jerrygarciuh
    Hi folks, I code primarily in PHP and Perl. I have a client who is insisting on seeking video submissions (any encoding) from the public via one of their pages rather than letting YouTube do its job. Server in question is a virtual machine and I can adjust ini settings for max post, max upload size etc as needed. My initial thought is to use a Flash based uploader with PHP on the back end but I wondered if someone might have useful advice and experience on the subject? Peace JG

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  • jQuery: attr('height')

    - by jerrygarciuh
    Hi folks, I have a container div with the following CSS: #container { position:relative; overflow:hidden; width:200px; height:200px; } Why does this: alert('height is ' + $("#container").attr('height')); Return that height is undefined? Thanks, JG

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  • sprintf() to truncate and not round a float to x decimal places?

    - by jerrygarciuh
    Hi folks, When calculating a golf handicap differential you are supposed to truncate the answer to 1 decimal place without rounding. No idea why but... I know how to do this using TRUNCATE() in mySQL SELECT TRUNCATE( 2.365, 1 ); // outputs 2.3 but I was wondering if sprintf() could do this? The only way I know to work with decimal places in a float is ... echo sprintf("%.1f", 2.365); // outputs 2.4 TIA JG

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  • Capturing the overflow:auto state of a div

    - by jerrygarciuh
    Hi folks, One of the ad agencies I code for had me set up an alternate scrolling solution because you know how designers hate things that just work but aren't beautiful. So, this is married in places to their CMS. What I have not been able to sort yet is how to hide the scrolling UI when overflow:auto is not triggered by the CMS content. Any ideas? TIA JG

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  • Unknown Host Error, is this a registrar problem or a host problem?

    - by jerrygarciuh
    Hi guys, I am dealing with a barrel of weasels on this one. Ad agency registered the domain in mid-August with Network Solutions. 72 hours ago I updated the DNS to point to a host provided by an associate of the client whose credentials are dubious. The DNS servers are at NETSONIC.NET (NS1 and NS2) and respond to ping no problem. I can FTP to the server using its IP but the name is no go. The name is also no go for tracert and ping: tracert voodoobbqfranchise.com Unable to resolve target system name voodoobbqfranchise.com. ping voodoobbqfranchise.com ping: unknown host voodoobbqfranchise.com I called NetSol and of course their tier one guy swears it must be the host but I insist that an unknown host must be a NetSol issue. Otherwise we'd get somethng like an httpd_conf error after being routed to the Netsonic server. Am I right? Is this an issue at the registrar? TIA JG

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  • Figuring out if overflow:auto would have been triggered on a div

    - by jerrygarciuh
    Hi folks, // Major edit, sorry in bed with back pain, screwed up post One of the ad agencies I code for had me set up an alternate scrolling solution because you know how designers hate things that just work but aren't beautiful. The scrolling solution is applied to divs with overflow:hidden and uses jQuery's scrollTo(). So, this is married in places to their CMS. What I have not been able to sort yet is how to hide the scrolling UI when overflow:auto would not have been triggered by the CMS content. The divs have set heights and widths. Can i detect hidden content? Or measure the div contents' height? Any ideas? TIA JG

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  • x86 Assembly Question about outputting

    - by jdea
    My code looks like this _declspec(naked) void f(unsigned int input,unsigned int *output) { __asm{ push dword ptr[esp+4] call factorial pop ecx mov [output], eax //copy result ret } } __declspec(naked) unsigned int factorial(unsigned int n) { __asm{ push esi mov esi, dword ptr [esp+8] cmp esi, 1 jg RECURSE mov eax, 1 jmp END RECURSE: dec esi push esi call factorial pop esi inc esi mul esi END: pop esi ret } } Its a factorial function and I'm trying to output the answer after it recursively calculates the number that was passed in But what I get returned as an output is the same large number I keep getting Not sure about what is wrong with my output, by I also see this error CXX0030: Error: expression cannot be evaluated Thanks!

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  • COM+/Desktop Heap errors in IIS affecting sites at random?

    - by tresstylez
    We have a Win2K3 server that is hosting 30+ sites. Each site is configured to have its own unique application pool -- so that we can manually recycle specific sites if needed and not kill sessions for the others. From what I've read, the consequence of this type of setup is that each application pool worker process gets allocated a Desktop Heap (normally 512 kb's) and we limit the number of app pools we can serve. http://blogs.msdn.com/b/david.wang/archive/2006/01/25/security-considerations-of-usesharedwpdesktop-on-iis6.aspx PROBLEM: What we're seeing is that occasionally COM+ errors get triggered, presumably by hitting our 512 kb limit of the desktop heap -- and certain sites become unresponsive (or have errors) until we manually recycle that specific app pool. I know that I can increase the desktop heap limit to 1024, and make other tweaks/tunes, but I've been tasked with finding out what exactly causes one site's heap to max out as opposed to another. It seems that when we start seeing COM+ errors, the sites it affects are random -- small sites or big sites (heavier used). Is it based on process id? Traffic? Any pointers on understanding this a little more would be excellent. Thanks! jg

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  • Web Hosting: Any web host that supports files more than 50,000 in number?

    - by Devner
    Hi all, For my PHP & mySQL based application, I am trying to buy website hosting from a host who does not have a limit on the number of files I carry in my hosting account. Almost all the websites have a common limit of 50,000 files (some websites call it 50,000 nodes). The rest(to the extent of my search) are not even close. I have gone through the various websites, Googled lot of information, have spoken with the customer service of the hosting companies and they said that they have a limit of 50,000 files and that's why they call it the LIMIT. Now I have my application, which is a kind of social networking website, where people can upload various files of varying file size. So say if 50,000 users were to join the website and upload 1 file each, the limit of 50,000 will be reached very easily and my 50,001 customer will start facing file upload problems (& so will my account). So I would like to know if there's any website hosting services that do NOT levy such restrictions. In summary, I need the following options: No maximum file limit (more than 50,000 files in account). No maximum file upload limit in server setting (10MB, 12MB, 15MB, 20MB, etc.). Ability to upload files of various types (zip, flv, jg, png, etc.). Ability to stream Audio and Video (live audio & video not necessary). Access to .htaccess Access to php.ini, my.cnf or my.ini (this would be a plus) Supports SSL. Provides dedicated hosting(& IP) as well. Monthly payments without contracts are a plus. If you know of any such website hosting services, please post a reply ( a link to the same will be appreciated ). Thank you.

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  • Adding AJAX call to function triggered popup blocker

    - by jerrygarciuh
    Hi folks, I have a client who wants to open variously sized images in a centered popup. I tried to get them to use FancyBox but they don't want interstitial presentation, so... I initially was opening a generic popup which resized and centered onload based on image size but they don't like the shift so I added a PHP script to echo the sizes and used jQuery to fetch the size info to feed into the pop up call. But it appears the delay this causes is setting off all popup blockers. Here is the JS $("#portfolioBigPic").click(function () { var src = $("#portfolioBigPic").attr('src'); var ar = src.split('/'); var fname = ar.pop(); fname = '/g/portfolio/clients/big/' + fname; $.get("imgsize.php", { i: fname}, function(data){ var dim = data.split(","); popit(fname,dim[0],dim[1]); }); }); function popit(img,w,h) { var features = 'width='+w+',height='+h+', toolbar=0, location=0, directories=0, status=0, menubar=0, scrollbars=0, resizable=1,'; var left = (screen.width/2)-(w/2); var top = 0; features += 'top='+top+',left='+left; bigpic = window.open('portfolioBigPic.php?img='+img, 'bigpic',features); bigpic.focus(); } The only difference between dodging the blockers and failing is that I added the AJAX .get and use it to specify w and h. Any thoughts on how to avoid this? Maybe I should use PHP to get widths and heights of all the big pics and write a JS array of them when this page loads? Am I right that the delay caused by fetching the data is tripping the blockers? Thoughts? Any advice much appreciated. JG

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  • Cannot find CFML template for custom tag

    - by jerrygarciuh
    Hi folks, I am not a ColdFusion coder. Doing a favor for a friend who ported his CF site from a Windows server to Unix on GoDaddy. Site is displaying error: Cannot find CFML template for custom tag jstk. ColdFusion attempted looking in the tree of installed custom tags but did not find a custom tag with this name. The site as I found it has at document root /CustomTags with the jstk.cfm file and a set of files in cf_jstk My Googling located this You must store custom tag pages in any one of the following: The same directory as the calling page; The cfusion\CustomTags directory; A subdirectory of the cfusion\CustomTags directory; A directory that you specify in the ColdFusion Administrator So I have Tried creating placing /CustomTags in /cfusion/CustomTags Tried copying /cfusion/CustomTags to above document root Tried copying jstk.cfm and subfolders into same directory as calling file(index.cfm). Update: Per GoDaddy support I have also tried adding the following to no effect: Can any one give me some tips on this or should I just tell my guy to look for a CF coder? Thanks! JG

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  • Read text file into listbox collections

    - by Arcadian
    Hi, i'm new to C#. I need my program to show different parts of the data contained in a txt file into different listboxs (which are on different tabs of a form) so that the user can see the particular block of data they are interested in. the data contained in the txt file looks like this: G30:39:03:31 JG06 G32:56:36:10 JG04 G31:54:69:52 JG04 G36:32:53:11 JG05 G33:50:05:11 JG06 G39:28:81:21 JG01 G39:22:74:11 JG06 G39:51:44:21 JG03 G39:51:52:22 JG01 G39:51:73:21 JG01 G35:76:24:20 JG06 G35:76:55:11 JG01 G36:31:96:11 JG02 G36:31:96:23 JG02 G36:31:96:41 JG03 though much more of it :) The separate listboxes will contain only the lines who's first integer pair matches that listbox's name. For example, all the lines that start "G32" will be added to the G32 listbox. I think the code would start something like: private void ReadToBox() { FileInfo file = new FileInfo("Jumpgate List.JG"); StreamReader objRead = file.OpenText(); while (!objRead.EndOfStream) but i'm not sure where to start in terms of getting it sorted yet. Any help? There's some rep in it for you :D

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  • OpenGL Calls Lock/Freeze

    - by Necrolis
    I am using some dell workstations(running WinXP Pro SP 2 & DeepFreeze) for development, but something was recenlty loaded onto these machines that prevents any opengl call(the call locks) from completing(and I know the code works as I have tested it on 'clean' machines, I also tested with simple opengl apps generated by dev-cpp, which will also lock on the dell machines). I have tried to debug my own apps to see where exactly the gl calls freeze, but there is some global system hook on ZwQueryInformationProcess that messes up calls to ZwQueryInformationThread(used by ExitThread), preventing me from debugging at all(it causes the debugger, OllyDBG, to go into an access violation reporting loop or the program to crash if the exception is passed along). the hook: ntdll.ZwQueryInformationProcess 7C90D7E0 B8 9A000000 MOV EAX,9A 7C90D7E5 BA 0003FE7F MOV EDX,7FFE0300 7C90D7EA FF12 CALL DWORD PTR DS:[EDX] 7C90D7EC - E9 0F28448D JMP 09D50000 7C90D7F1 9B WAIT 7C90D7F2 0000 ADD BYTE PTR DS:[EAX],AL 7C90D7F4 00BA 0003FE7F ADD BYTE PTR DS:[EDX+7FFE0300],BH 7C90D7FA FF12 CALL DWORD PTR DS:[EDX] 7C90D7FC C2 1400 RETN 14 7C90D7FF 90 NOP ntdll.ZwQueryInformationToken 7C90D800 B8 9C000000 MOV EAX,9C the messed up function + call: ntdll.ZwQueryInformationThread 7C90D7F0 8D9B 000000BA LEA EBX,DWORD PTR DS:[EBX+BA000000] 7C90D7F6 0003 ADD BYTE PTR DS:[EBX],AL 7C90D7F8 FE ??? ; Unknown command 7C90D7F9 7F FF JG SHORT ntdll.7C90D7FA 7C90D7FB 12C2 ADC AL,DL 7C90D7FD 14 00 ADC AL,0 7C90D7FF 90 NOP ntdll.ZwQueryInformationToken 7C90D800 B8 9C000000 MOV EAX,9C So firstly, anyone know what if anything would lead to OpenGL calls cause an infinite lock,and if there are any ways around it? and what would be creating such a hook in kernal memory ? Update: After some more fiddling, I have discovered a few more kernal hooks, a lot of them are used to nullify data returned by system information calls(such as the remote debugging port), I also managed to find out the what ever is doing this is using madchook.dll(by madshi) to do this, this dll is also injected into every running process(these seem to be some anti debugging code). Also, on the OpenGL side, it seems Direct X is fine/unaffected(I ran one of the DX 9 demo's without problems), so could one of these kernal hooks somehow affect OpenGL?

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  • Web Hosting: Any web host that supports files more than 50,000 in number?

    - by Devner
    Hi all, For my PHP & mySQL based application, I am trying to buy website hosting from a host who does not have a limit on the number of files I carry in my hosting account. Almost all the websites have a common limit of 50,000 files (some websites call it 50,000 nodes). The rest(to the extent of my search) are not even close. I have gone through the various websites, Googled lot of information, have spoken with the customer service of the hosting companies and they said that they have a limit of 50,000 files and that's why they call it the LIMIT. Now I have my application, which is a kind of social networking website, where people can upload various files of varying file size. So say if 50,000 users were to join the website and upload 1 file each, the limit of 50,000 will be reached very easily and my 50,001 customer will start facing file upload problems (& so will my account). So I would like to know if there's any website hosting services that do NOT levy such restrictions. In summary, I need the following options: No maximum file limit (more than 50,000 files in account). No maximum file upload limit in server setting (10MB, 12MB, 15MB, 20MB, etc.). Ability to upload files of various types (zip, flv, jg, png, etc.). Ability to stream Audio and Video (live audio & video not necessary). Access to .htaccess Access to php.ini, my.cnf or my.ini (this would be a plus) Supports SSL. Provides dedicated hosting(& IP) as well. Monthly payments without contracts are a plus. If you know of any such website hosting services, please post a reply ( a link to the same will be appreciated ). Thank you.

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  • Debug formatting code

    - by Arcadian
    I'm trying to debug my code here: private void CheckFormatting() { StringReader objReaderf = new StringReader(txtInput.Text); List<String> formatTextList = new List<String>(); do { formatTextList.Add(objReaderf.ReadLine()); } while (objReaderf.Peek() != -1); objReaderf.Close(); for (int i = 0; i < formatTextList.Count; i++) { if (!Regex.IsMatch(formatTextList[i], "G[0-9]{2}:[0-9]{2}:[0-9]{2}:[0-9]{2} JG[0-9]{2")) { MessageBox.Show("Line " + formatTextList[i] + " is not formatted correctly.", "Error", MessageBoxButtons.OK, MessageBoxIcon.Error); break; } else { this.WriteToFile(); MessageBox.Show("Your entries have been saved.", "Saved", MessageBoxButtons.OK, MessageBoxIcon.Information); } } } what it is supposed to do is to check each line in the list. if one of them isn't formatted correctly, then break the loop and display a message box, if all the lines are formatted properly then it should call the WriteToFile method. However, when testing it using input that WAS correctly formatted it displayed the error message and broke the loop. Anyone figure out why? There's some rep points in it for you :) Thanks in advance

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  • jQuery show/hide menu problem

    - by jerrygarciuh
    Hi folks, I am encountering an odd behavior using jQuery to show/hide a menu. I have an absolutely positioned div which contains an "activator " div (relatively positioned) which I want to reveal a menu on moseover. Menu div is contained by the activator div and is also relatively positioned. I was working on assumption that since it would be contained by the activator that rolloff would not be triggered when the mouse travels over into the reveled menu. When you roll onto the revealed menu however show/hide starts pulsing and does so a second or so even after the mouse clears the area. CSS looks like this #myAbsolutePos { position:absolute; height:335px; width:213px; top:508px; left:0; z-index:2; } #activator { position:relative; height:35px; margin-top:95px; text-align:center; width:inherit; cursor:pointer; } #menu { position:relative; height:255px; width:243px; top:-45px; left:190px; padding:20px 25px 20px 25px; } #menuContents { width:190px; } jQuery funcs: $('#activator').mouseover(function () { $('#menu').show('slow'); }); $('#activator').mouseout(function () { $('#menu').hide('slow'); }); HTML: <div id="myAbsolutePos"> <div id="activator"> // content <div id="menu" style="display:none"> <div id="menuContents"> // content </div> </div> </div> </div> To see problem in action roll over the current weather location (Thunder Horse) in the lower left here: http://www.karlsenner.dreamhosters.com/index.php Any advice is most appreciated! JG

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  • A Bite With No Teeth&ndash;Demystifying Non-Compete Clauses

    - by D'Arcy Lussier
    *DISCLAIMER: I am not a lawyer and this post in no way should be considered legal advice. I’m also in Canada, so references made are to Canadian court cases. I received a signed letter the other day, a reminder from my previous employer about some clauses associated with my employment and entry into an employee stock purchase program. So since this is in effect for the next 12 months, I guess I’m not starting that new job tomorrow. I’m kidding of course. How outrageous, how presumptuous, pompous, and arrogant that a company – any company – would actually place these conditions upon an employee. And yet, this is not uncommon. Especially in the IT industry, we see time and again similar wording in our employment agreements. But…are these legal? Is there any teeth behind the threat of the bite? Luckily, the answer seems to be ‘No’. I want to highlight two cases that support this. The first is Lyons v. Multari. In a nutshell, Dentist hires younger Dentist to be an associate. In their short, handwritten agreement, a non-compete clause was written stating “Protective Covenant. 3 yrs. – 5mi” (meaning you can’t set up shop within 5 miles for 3 years). Well, the young dentist left and did start an oral surgery office within 5 miles and within 3 years. Off to court they go! The initial judge sided with the older dentist, but on appeal it was overturned. Feel free to read the transcript of the decision here, but let me highlight one portion from section [19]: The general rule in most common law jurisdictions is that non-competition clauses in employment contracts are void. The sections following [19] explain further, and discuss Elsley v. J.G. Collins Insurance Agency Ltd. and its impact on Canadian law in this regard. The second case is Winnipeg Livestock Sales Ltd. v. Plewman. Desmond Plewman is an auctioneer, and worked at Winnipeg Livestock Sales. Part of his employment agreement was that he could not work for a competitor for 18 months if he left the company. Well, he left, and took up an important role in a competing company. The case went to court and as with Lyons v. Multari, the initial judge found in favour of the plaintiffs. Also as in the first case, that was overturned on appeal. Again, read through the transcript of the decision, but consider section [28]: In other words, even though Plewman has a great deal of skill as an auctioneer, Winnipeg Livestock has no proprietary interest in his professional skill and experience, even if they were acquired during his time working for Winnipeg Livestock.  Thus, Winnipeg Livestock has the burden of establishing that it has a legitimate proprietary interest requiring protection.  On this key question there is little evidence before the Court.  The record discloses that part of Plewman’s job was to “mingle with the … crowd” and to telephone customers and prospective customers about future prospects for the sale of livestock.  It may seem reasonable to assume that Winnipeg Livestock has a legitimate proprietary interest in its customer connections; but there is no evidence to indicate that there is any significant degree of “customer loyalty” in the business, as opposed to customers making choices based on other considerations such as cost, availability and the like. So are there any incidents where a non-compete can actually be valid? Yes, and these are considered “exceptional” cases, meaning that the situation meets certain circumstances. Michael Carabash has a great blog series discussing the above mentioned cases as well as the difference between a non-compete and non-solicit agreement. He talks about the exceptional criteria: In summary, the authorities reveal that the following circumstances will generally be relevant in determining whether a case is an “exceptional” one so that a general non-competition clause will be found to be reasonable: - The length of service with the employer. - The amount of personal service to clients. - Whether the employee dealt with clients exclusively, or on a sustained or     recurring basis. - Whether the knowledge about the client which the employee gained was of a   confidential nature, or involved an intimate knowledge of the client’s   particular needs, preferences or idiosyncrasies. - Whether the nature of the employee’s work meant that the employee had   influence over clients in the sense that the clients relied upon the employee’s   advice, or trusted the employee. - If competition by the employee has already occurred, whether there is   evidence that clients have switched their custom to him, especially without   direct solicitation. - The nature of the business with respect to whether personal knowledge of   the clients’ confidential matters is required. - The nature of the business with respect to the strength of customer loyalty,   how clients are “won” and kept, and whether the clientele is a recurring one. - The community involved and whether there were clientele yet to be exploited   by anyone. I close this blog post with a final quote, one from Zvulony & Co’s blog post on this subject. Again, all of this is not official legal advice, but I think we can see what all these sources are pointing towards. To answer my earlier question, there’s no teeth behind the threat of the bite. In light of this list, and the decisions in Lyons and Orlan, it is reasonably certain that in most employment situations a non-competition clause will be ineffective in protecting an employer from a departing employee who wishes to compete in the same business. The Courts have been relatively consistent in their position that if a non-solicitation clause can protect an employer’s interests, then a non-competition clause is probably unreasonable. Employers (or their solicitors) should avoid the inclination to draft restrictive covenants in broad, catch-all language. Or in other words, when drafting a restrictive covenant – take only what you need! D

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