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  • Cloud Computing in words of one syllable

    - by harry.foxwell(at)oracle.com
    A colleague of mine challenged me to describe Cloud Computing in words of one syllable so that even his 80-year-old mother-in-law could understand the concept.  Hmmmm...The Cloud lets you do all your work on the Web or on your own net. It lets you set up your own work; no one has to set it up for you.  When you need more disk space, the cloud makes it for you.  When you need more speed, the cloud adds more gear to make your jobs go fast.  You share the cloud with more than just your own work, and you just pay for what you use.  The cloud is not new; this type of work has been done for years; just the word is new.  Now you know what the cloud is.  Or not.

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  • How does delicious.com avoid being sued for copyright infringement?

    - by Stanish
    With the recent redesign of delicious.com, they've added a much more graphical home page. The site continues to be a service for people to bookmark and share websites they come across on the web. The delicious home is now made up of images taken from those linked sites. See for yourself at http://delicious.com I would like to know what in the law allows them to do this, considering the images represent the main content of the page, and they clearly do not own copyright to those images? I know there is some leeway given to search engines where it is considered fair use to use a small portion of the content if the aim is to lead people to the originating site. Does that apply here?

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  • On what name should I claim copyright in open source software?

    - by ONOZ
    When I want to use the Apache 2.0 licence in my project, I should include this in the comments of my source code: Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. What name should I fill in for [name of copyright owner]? I am currently working alone on this project, but I'm going to release the source code so there might be other contributors in the near future.

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  • Changing Wallpaper on 12.04 Login Screen

    - by userIsAMonkey
    I'm using this link but seems to be not working on 12.04, here's the Terminal message below: Are there other softwares/tips for changing the login screen? I'm also using link but seems outdated. Failed to fetch http://ppa.launchpad.net/claudiocn/slm/ubuntu/dists/precise/main/source/Sources 404 Not Found W: Failed to fetch http://ppa.launchpad.net/claudiocn/slm/ubuntu/dists/precise/main/binary-amd64/Packages 404 Not Found W: Failed to fetch http://ppa.launchpad.net/claudiocn/slm/ubuntu/dists/precise/main/binary-i386/Packages 404 Not Found E: Some index files failed to download. They have been ignored, or old ones used instead. law@ubuntu:~$ sudo apt-get install simple-lightdm-manager Reading package lists... Done Building dependency tree Reading state information... Done E: Unable to locate package simple-lightdm-manager

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  • Vermont IT Jobs: .NET Developer in Downtown Burlington

    Applications Engineer Aurora North Software, Inc. Burlington-based software development & consulting company offers an opportunity to rapidly advance your skillset using the latest MS technologies to develop and implement core systems at some of the countrys most prestigious law firms.  Projects include product integration, workflow processing, business intelligence, and SharePoint development. Requires a minimum 2-5 years experience with full development life cycle, .NET development experience,...Did you know that DotNetSlackers also publishes .net articles written by top known .net Authors? We already have over 80 articles in several categories including Silverlight. Take a look: here.

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  • C# Design Questions

    - by guazz
    How to approach unit testing of private methods? I have a class that loads Employee data into a database. Here is a sample: public class EmployeeFacade { public Employees EmployeeRepository = new Employees(); public TaxDatas TaxRepository = new TaxDatas(); public Accounts AccountRepository = new Accounts(); //and so on for about 20 more repositories etc. public bool LoadAllEmployeeData(Employee employee) { if (employee == null) throw new Exception("..."); EmployeeRepository emps = new EmployeeRepository(); bool exists = emps.FetchExisting(emps.Id); if (!exists) { emps.AddNew(); } try { emps.Id = employee.Id; emps.Name = employee.EmployeeDetails.PersonalDetails.Active.Names.FirstName; emps.SomeOtherAttribute; } catch() {} try { emps.Save(); } catch(){} try { LoadorUpdateTaxData(employee.TaxData); } catch() {} try { LoadorUpdateAccountData(employee.AccountData); } catch() {} ... etc. for about 20 more other employee objects } private bool LoadorUpdateTaxData(employeeId, TaxData taxData) { if (taxData == null) throw new Exception("..."); ...same format as above but using AccountRepository } private bool LoadorUpdateAccountData(employee.TaxData) { ...same format as above but using TaxRepository } } I am writing an application to take serialised objects(e.g. Employee above) and load the data to the database. I have a few design question that I would like opinions on: A - I am calling this class "EmployeeFacade" because I am (attempting?) to use the facade pattern. Is it good practace to name the pattern on the class name? B - Is it good to call the concrete entities of my DAL layer classes "Repositories" e.g. "EmployeeRepository" ? C - Is using the repositories in this way sensible or should I create a method on the repository itself to take, say, the Employee and then load the data from there e.g. EmployeeRepository.LoadAllEmployeeData(Employee employee)? I am aim for cohesive class and but this will requrie the repository to have knowledge of the Employee object which may not be good? D - Is there any nice way around of not having to check if an object is null at the begining of each method? E - I have a EmployeeRepository, TaxRepository, AccountRepository declared as public for unit testing purpose. These are really private enities but I need to be able to substitute these with stubs so that the won't write to my database(I overload the save() method to do nothing). Is there anyway around this or do I have to expose them? F - How can I test the private methods - or is this done (something tells me it's not)? G- "emps.Name = employee.EmployeeDetails.PersonalDetails.Active.Names.FirstName;" this breaks the Law of Demeter but how do I adjust my objects to abide by the law?

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  • iGoogle Stack Overflow Gadget [closed]

    - by Charango
    Since SO's question database is becoming an excellent first point of call for finding answers to coding problems, some people (like me) might like to be able to fire up searches from their iGoogle home page, among the other searches you might launch from there. I've created a very simple gadget to do this, and put the source below. My hope is that this might provide a foundation on which community members with better ideas for performing this function, or ideas for enhancing it, can update it. Perhaps we could make it configurable to search via a site scope search from Google and / or a question search, for instance. I've hosted and registered this first version but if anyone makes changes and can host a new version / new pics elsewhere, please feel free. <?xml version="1.0" encoding="UTF-8"?> <Module> <ModulePrefs title="Stack Overflow Search" author="Community Wiki" author_email="[email protected]" author_affiliation="Stack Overflow" author_location="The Internet" author_aboutme="All sorts" author_link="http://stackoverflow.com" author_quote="Hofstadter's Law: It always takes longer than you expect, even when you take into account Hofstadter's Law." description="Stack Overflow is rapidly becoming one of the best resources for finding answers to your programming questions. This gadget adds a question search box to your iGoogle homepage" screenshot="http://arkios-solutions.com/misc/sogadget/SOGadget.png" thumbnail="http://arkios-solutions.com/misc/sogadget/SOGadget_Thumbnail.png" singleton="true" title_url="http://stackoverflow.com" /> <Content type="html"><![CDATA[ <img src="http://i.stackoverflow.com/Content/Img/stackoverflow-logo-250.png" alt="Stackoverflow Logo"/> <div style="font-family:arial;font-size:0.8em;"> This gadget allows you to search the Stack Overflow question database. </div> <form name='SOQueryForm' action="http://stackoverflow.com/search" method="get" target="new"> <p>Your question: <input type='text' size='34' name='q' /></p> <p><input type='submit' value='Go' /></p> </form> ]]> </Content> </Module> The source / installable gadget xml are also hosted here.

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  • cross domain iFrames communication problem

    - by Cyno
    I have a page A containing 2 children iFrames called B and C. A and B are on different domains. On pressing a button in B I would like to change C's URL. Based on the law III of Michael Mahemoff it should work, but in fact it doesn't (js security error). Here is the JS code in B: window.parent.frames['C'].location.href = "http://random.url";

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  • What Easter Eggs have you placed in code?

    - by Scott
    I know it is illegal to place Easter eggs in code via Microsoft's quarrel with the law a few years back. Microsoft has decided that if you place Easter eggs in code, it is an immediate grounds for termination, but they are still out there in the wild. I know I put my name in the code a lot that will never show up to the users, but it is always fun to do. So, what Easter eggs have you seen or placed in your programs/code? One of mine was: Query = [Current_Step] = 'Scott Rocks'

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  • How to show hierarchial data in a dropdownlist.

    - by vaibhav
    I have a table in sqlserver 2005. I want to show all domain name in a dropdownlist maintaing the same hierarchy. i.e Law Engineering --civil --Mechanical Medical --Dental ----Cavity --MBBS I need to append '--' according to the domain level. Is it possible using a sql query. or alternatively can I have any other control to show this data.

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  • Is there a good argument for software patents?

    - by David Nehme
    Now that it looks like software patents are going to be severely limited, does anyone have a good argument for keeping them. It seems like copyright law serves software fine and patents just add overhead to what should be an almost frictionless process. Are there any examples of software that wouldn't have been written if not for patents?

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  • Do you, as a programmer, have lunch break(s)? [closed]

    - by Andrei Rinea
    There are companies that don't allow lunch break(s). In my country (Romania) there is a law that forces the companies to 1 hour of lunch break for the employees. As a programmer, I can't work continously for more than 4 hours and not have my coherence and my productivity go down. However I've seen many people in the US and not only US mention a 9-5 work schedule. That is 8h. Does it include a lunch break?

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  • RSA key length and export limitations

    - by Alex Stamper
    I know, there are a lot of limitations to the length of used key (import and export limitations for nearly each country). Usually, it varies from 64 to 256 bits. To use more bits, it is obligatory to ask permission from authorities. But it is recommended to use 1024 bits keys for RSA as minimum! Does it mean that I cannot just use RSA without any problems with law and so on?

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  • A Guided Tour of Complexity

    - by JoshReuben
    I just re-read Complexity – A Guided Tour by Melanie Mitchell , protégé of Douglas Hofstadter ( author of “Gödel, Escher, Bach”) http://www.amazon.com/Complexity-Guided-Tour-Melanie-Mitchell/dp/0199798109/ref=sr_1_1?ie=UTF8&qid=1339744329&sr=8-1 here are some notes and links:   Evolved from Cybernetics, General Systems Theory, Synergetics some interesting transdisciplinary fields to investigate: Chaos Theory - http://en.wikipedia.org/wiki/Chaos_theory – small differences in initial conditions (such as those due to rounding errors in numerical computation) yield widely diverging outcomes for chaotic systems, rendering long-term prediction impossible. System Dynamics / Cybernetics - http://en.wikipedia.org/wiki/System_Dynamics – study of how feedback changes system behavior Network Theory - http://en.wikipedia.org/wiki/Network_theory – leverage Graph Theory to analyze symmetric  / asymmetric relations between discrete objects Algebraic Topology - http://en.wikipedia.org/wiki/Algebraic_topology – leverage abstract algebra to analyze topological spaces There are limits to deterministic systems & to computation. Chaos Theory definitely applies to training an ANN (artificial neural network) – different weights will emerge depending upon the random selection of the training set. In recursive Non-Linear systems http://en.wikipedia.org/wiki/Nonlinear_system – output is not directly inferable from input. E.g. a Logistic map: Xt+1 = R Xt(1-Xt) Different types of bifurcations, attractor states and oscillations may occur – e.g. a Lorenz Attractor http://en.wikipedia.org/wiki/Lorenz_system Feigenbaum Constants http://en.wikipedia.org/wiki/Feigenbaum_constants express ratios in a bifurcation diagram for a non-linear map – the convergent limit of R (the rate of period-doubling bifurcations) is 4.6692016 Maxwell’s Demon - http://en.wikipedia.org/wiki/Maxwell%27s_demon - the Second Law of Thermodynamics has only a statistical certainty – the universe (and thus information) tends towards entropy. While any computation can theoretically be done without expending energy, with finite memory, the act of erasing memory is permanent and increases entropy. Life & thought is a counter-example to the universe’s tendency towards entropy. Leo Szilard and later Claude Shannon came up with the Information Theory of Entropy - http://en.wikipedia.org/wiki/Entropy_(information_theory) whereby Shannon entropy quantifies the expected value of a message’s information in bits in order to determine channel capacity and leverage Coding Theory (compression analysis). Ludwig Boltzmann came up with Statistical Mechanics - http://en.wikipedia.org/wiki/Statistical_mechanics – whereby our Newtonian perception of continuous reality is a probabilistic and statistical aggregate of many discrete quantum microstates. This is relevant for Quantum Information Theory http://en.wikipedia.org/wiki/Quantum_information and the Physics of Information - http://en.wikipedia.org/wiki/Physical_information. Hilbert’s Problems http://en.wikipedia.org/wiki/Hilbert's_problems pondered whether mathematics is complete, consistent, and decidable (the Decision Problem – http://en.wikipedia.org/wiki/Entscheidungsproblem – is there always an algorithm that can determine whether a statement is true).  Godel’s Incompleteness Theorems http://en.wikipedia.org/wiki/G%C3%B6del's_incompleteness_theorems  proved that mathematics cannot be both complete and consistent (e.g. “This statement is not provable”). Turing through the use of Turing Machines (http://en.wikipedia.org/wiki/Turing_machine symbol processors that can prove mathematical statements) and Universal Turing Machines (http://en.wikipedia.org/wiki/Universal_Turing_machine Turing Machines that can emulate other any Turing Machine via accepting programs as well as data as input symbols) that computation is limited by demonstrating the Halting Problem http://en.wikipedia.org/wiki/Halting_problem (is is not possible to know when a program will complete – you cannot build an infinite loop detector). You may be used to thinking of 1 / 2 / 3 dimensional systems, but Fractal http://en.wikipedia.org/wiki/Fractal systems are defined by self-similarity & have non-integer Hausdorff Dimensions !!!  http://en.wikipedia.org/wiki/List_of_fractals_by_Hausdorff_dimension – the fractal dimension quantifies the number of copies of a self similar object at each level of detail – eg Koch Snowflake - http://en.wikipedia.org/wiki/Koch_snowflake Definitions of complexity: size, Shannon entropy, Algorithmic Information Content (http://en.wikipedia.org/wiki/Algorithmic_information_theory - size of shortest program that can generate a description of an object) Logical depth (amount of info processed), thermodynamic depth (resources required). Complexity is statistical and fractal. John Von Neumann’s other machine was the Self-Reproducing Automaton http://en.wikipedia.org/wiki/Self-replicating_machine  . Cellular Automata http://en.wikipedia.org/wiki/Cellular_automaton are alternative form of Universal Turing machine to traditional Von Neumann machines where grid cells are locally synchronized with their neighbors according to a rule. Conway’s Game of Life http://en.wikipedia.org/wiki/Conway's_Game_of_Life demonstrates various emergent constructs such as “Glider Guns” and “Spaceships”. Cellular Automatons are not practical because logical ops require a large number of cells – wasteful & inefficient. There are no compilers or general program languages available for Cellular Automatons (as far as I am aware). Random Boolean Networks http://en.wikipedia.org/wiki/Boolean_network are extensions of cellular automata where nodes are connected at random (not to spatial neighbors) and each node has its own rule –> they demonstrate the emergence of complex  & self organized behavior. Stephen Wolfram’s (creator of Mathematica, so give him the benefit of the doubt) New Kind of Science http://en.wikipedia.org/wiki/A_New_Kind_of_Science proposes the universe may be a discrete Finite State Automata http://en.wikipedia.org/wiki/Finite-state_machine whereby reality emerges from simple rules. I am 2/3 through this book. It is feasible that the universe is quantum discrete at the plank scale and that it computes itself – Digital Physics: http://en.wikipedia.org/wiki/Digital_physics – a simulated reality? Anyway, all behavior is supposedly derived from simple algorithmic rules & falls into 4 patterns: uniform , nested / cyclical, random (Rule 30 http://en.wikipedia.org/wiki/Rule_30) & mixed (Rule 110 - http://en.wikipedia.org/wiki/Rule_110 localized structures – it is this that is interesting). interaction between colliding propagating signal inputs is then information processing. Wolfram proposes the Principle of Computational Equivalence - http://mathworld.wolfram.com/PrincipleofComputationalEquivalence.html - all processes that are not obviously simple can be viewed as computations of equivalent sophistication. Meaning in information may emerge from analogy & conceptual slippages – see the CopyCat program: http://cognitrn.psych.indiana.edu/rgoldsto/courses/concepts/copycat.pdf Scale Free Networks http://en.wikipedia.org/wiki/Scale-free_network have a distribution governed by a Power Law (http://en.wikipedia.org/wiki/Power_law - much more common than Normal Distribution). They are characterized by hubs (resilience to random deletion of nodes), heterogeneity of degree values, self similarity, & small world structure. They grow via preferential attachment http://en.wikipedia.org/wiki/Preferential_attachment – tipping points triggered by positive feedback loops. 2 theories of cascading system failures in complex systems are Self-Organized Criticality http://en.wikipedia.org/wiki/Self-organized_criticality and Highly Optimized Tolerance http://en.wikipedia.org/wiki/Highly_optimized_tolerance. Computational Mechanics http://en.wikipedia.org/wiki/Computational_mechanics – use of computational methods to study phenomena governed by the principles of mechanics. This book is a great intuition pump, but does not cover the more mathematical subject of Computational Complexity Theory – http://en.wikipedia.org/wiki/Computational_complexity_theory I am currently reading this book on this subject: http://www.amazon.com/Computational-Complexity-Christos-H-Papadimitriou/dp/0201530821/ref=pd_sim_b_1   stay tuned for that review!

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  • Week in Geek: IPv6 Capable Smartphones Compromise User Privacy Edition

    - by Asian Angel
    This week we learned how to “clone a disk, resize static windows, and create system function shortcuts”, use 45 different services, sites, and apps to help read favorite sites, add MP3 support to Audacity (for saving in MP3 format), install a Wii game loader for easy backups and fast load times, create a Blue Screen of Death in any color, and more. Photo by legofenris. Weekly News Links Photo by The H Security. IPv6: Smartphones compromise users’ privacy Since version 4 of the iOS operating system, Apple’s iPhones, iPads and iPods have been capable of handling IPv6, and most Android devices have been capable since version 2.1. However, the operating systems transfer an ID that discloses information about their users. Dumb phones can be attacked too Much of the discussion of security threats to mobile phones revolves around smartphones, but researchers have found that less advanced “feature phones,” still used by the majority of people around the world, also are vulnerable to attack. SCADA exploit – the dragon awakes The recent publication of an exploit for KingView, a software package for visualising industrial process control systems, appears to be having an effect. Threatpost reports that both the Chinese vendor Wellintech and Chinese CERT (CN-CERT) have now reacted. Sophos: Spam to get more malicious Spam is becoming more malicious in nature as trickery tactics change in line with current user interests, according to a new report released Tuesday by Sophos. Global spam traffic rebounds as Rustock wakes Spam is on the rise after the Rustock botnet awoke from its Christmas slumber, according to Symantec. Cracking WPA keys in the cloud At the forthcoming Black Hat conference, blogger Thomas Roth plans to demonstrate how weak WPA PSKs can be cracked quickly and easily using Amazon’s Elastic Compute Cloud (EC2) service. Microsoft Security Advisory: Vulnerability in Internet Explorer could allow remote code execution Provides a link to more details about the vulnerability and shows a work-around/fix for the problem. Adobe plans to make it easier to delete Flash cookies in web browsers The new API, NPAPI:ClearSiteData, will allow Flash cookies – also known as Local Shared Objects (LSO) – to be deleted directly in the browser’s settings. Firefox beta getting new database standard The ninth beta version of Firefox is set to get support for a standard called IndexedDB that provides a database interface useful for offline data storage and other tasks needing information on a browser’s computer. MetroPCS accused of blocking certain Net content MetroPCS is violating the FCC’s recently approved Net neutrality rules by blocking certain Internet content, say several public interest groups. Server and Tools chief Muglia to leave Microsoft in summer 2011 Microsoft veteran and Server & Tools Business (STB) President Bob Muglia is leaving Microsoft, according to an email that CEO Steve Ballmer sent to employees on January 10. Report: DOJ nearing decision on Google-ITA The U.S. Department of Justice is gearing up for a possible formal antitrust investigation into whether or not Google should be allowed to purchase travel software company ITA Software, according to a report. South Korea says Google Street View broke law Police in South Korea reportedly say Google broke the country’s law when its Street View service captured personal data from unsecure Wi-Fi networks. The backlash over Google’s HTML5 video bet Choosing strategies based on what you believe to be long-term benefits is generally a good idea when running a business, but if you manage to alienate the world in the process, the long term may become irrelevant. Google answers critics on HTML5 Web video move Google responded to critics of its decision to drop support for a popular HTML5 video codec by declaring that a royalty-supported standard for Web video will hold the Web hostage. Random TinyHacker Links A Special GiveAway: a Great Book & Great Security Software The team from 7 Tutorials has a special giveaway running during the month of January. Signed copies of their latest book, full 1-year licenses of BitDefender Internet Security 2011 and free 3-month trials for everyone willing to participate. One Click Rooting For Android Phones Here’s a nice tool that helps you root your Android phone effortlessly. New Angry Birds Free version 1.0 Available in the App Store. Google Code University Learn programming at Google Code University. Capture and Share Your Favorite Part Of a YouTube Video SnipSnip.it lets you share only the part of the video that you like. Super User Questions More great questions and answers from this past week’s popular topics at Super User. What are the Windows A: and B: drives used for? Does OS X support linux-like features? What is the easiest way to make a backup of an entire hard disk? Will shifting from Wireless to Wired network result in better performance? Is it legal to install Windows 7 Home Premium Retail inside VMware virtual machine? How-To Geek Weekly Article Recap Enjoy reading through our hottest articles from this past week. The 50 Best Ways to Disable Built-in Windows Features You Don’t Want The Best of CES (Consumer Electronics Show) in 2011 How to Upgrade Windows 7 Easily (And Understand Whether You Should) The Worst of CES (Consumer Electronics Show) in 2011 The How-To Geek Guide to Audio Editing: Basic Noise Removal One Year Ago on How-To Geek More great articles from one year ago filled with helpful geeky goodness for you to enjoy. Share Text & Images the Easy Way with JustPaste.it Start Portable Firefox in Safe Mode Firefox 3.6 Release Candidate Available, Here’s How to Fix Your Incompatible Extensions Protect Your Computer from “Little Hands” with KidSafe Lock Prying Eyes Out of Your Minimized Windows Custom Crocheted Cylon-Cthulhu Hybrid What happens when you let your Cylon Centurion figure and your crocheted Cthulhu spend too many lonely nights together? A Cylon-Cthulhu hybrid, of course! You can get your own from the Cthulhu Chick store over on Etsy. Note: This is not an ad…Ruth is a friend of ours, and this Cylon-Cthulhu hybrid makes the perfect guard for the new MVP trophy in our office. The Geek Note Whether it is a geeky indoor project or just getting outside, we hope that you and your families have a terrific fun-filled weekend! Remember to keep sending those great tips in to us at [email protected]. Photo by qwrrty. Latest Features How-To Geek ETC How to Upgrade Windows 7 Easily (And Understand Whether You Should) The How-To Geek Guide to Audio Editing: Basic Noise Removal Install a Wii Game Loader for Easy Backups and Fast Load Times The Best of CES (Consumer Electronics Show) in 2011 The Worst of CES (Consumer Electronics Show) in 2011 HTG Projects: How to Create Your Own Custom Papercraft Toy Firefox 4.0 Beta 9 Available for Download – Get Your Copy Now The Frustrations of a Computer Literate Watching a Newbie Use a Computer [Humorous Video] Season0nPass Jailbreaks Current Gen Apple TVs IBM’s Jeopardy Playing Computer Watson Shows The Pros How It’s Done [Video] Tranquil Juice Drop Abstract Wallpaper Pulse Is a Sleek Newsreader for iOS and Android Devices

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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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  • Android: Crashed when single contact is clicked

    - by Sean Tan
    My application is always crashed at this moment, guru here please help me to solved. Thanks.The situation now is as mentioned in title above. Hereby is my AndroidManifest.xml <?xml version="1.0" encoding="utf-8"?> <!-- Copyright (C) 2009 The Android Open Source Project Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. --> <manifest xmlns:android="http://schemas.android.com/apk/res/android" package="com.example.android.contactmanager" android:versionCode="1" android:versionName="1.0"> <uses-sdk android:minSdkVersion="10" /> <uses-permission android:name="android.permission.WRITE_EXTERNAL_STORAGE"/> <uses-permission android:name="android.permission.MANAGE_ACCOUNTS"/> <uses-permission android:name="android.permission.WRITE_OWNER_DATA"/> <uses-permission android:name="android.permission.CAMERA"/> <uses-permission android:name="android.permission.CALL_PHONE"/> <uses-permission android:name="android.permission.GET_ACCOUNTS" /> <uses-permission android:name="android.permission.READ_CONTACTS" /> <uses-permission android:name="android.permission.WRITE_CONTACTS" /> <uses-permission android:name="android.permission.ACCESS_FINE_LOCATION"/> <uses-permission android:name="android.permission.INTERNET"/> <uses-permission android:name="android.permission.CAMERA"/> <uses-permission android:name="android.permission.ACCESS_COARSE_LOCATION"/> <uses-permission android:name="android.permission.GET_ACCOUNTS"/> <application android:label="@string/app_name" android:icon="@drawable/icon" android:allowBackup="true"> <!-- --><activity android:name=".ContactManager" android:label="@string/app_name"> <intent-filter> <action android:name="android.intent.action.MAIN" /> <category android:name="android.intent.category.LAUNCHER" /> </intent-filter> </activity> <activity android:name="ContactAdder" android:label="@string/addContactTitle"> </activity> <activity android:name=".SingleListContact" android:label="Contact Person Details"> </activity> </application> </manifest> The SingleListContact.java package com.example.android.contactmanager; import android.app.Activity; import android.content.Intent; import android.os.Bundle; import android.widget.TextView; public class SingleListContact extends Activity{ @Override public void onCreate(Bundle savedInstanceState) { super.onCreate(savedInstanceState); this.setContentView(R.layout.single_list_contact_view); TextView txtContact = (TextView) findViewById(R.id.contactList); Intent i = getIntent(); // getting attached intent data String contact = i.getStringExtra("contact"); // displaying selected product name txtContact.setText(contact); } } My ContactManager.java as below /* * Copyright (C) 2009 The Android Open Source Project * * Licensed under the Apache License, Version 2.0 (the "License"); * you may not use this file except in compliance with the License. * You may obtain a copy of the License at * * http://www.apache.org/licenses/LICENSE-2.0 * * Unless required by applicable law or agreed to in writing, software * distributed under the License is distributed on an "AS IS" BASIS, * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. * See the License for the specific language governing permissions and * limitations under the License. */ package com.example.android.contactmanager; import android.app.Activity; import android.content.Intent; import android.database.Cursor; import android.net.Uri; import android.os.Bundle; import android.provider.ContactsContract; import android.util.Log; import android.view.View; import android.widget.AdapterView; import android.widget.AdapterView.OnItemClickListener; import android.widget.Button; import android.widget.CheckBox; import android.widget.CompoundButton; import android.widget.CompoundButton.OnCheckedChangeListener; import android.widget.ListView; import android.widget.SimpleCursorAdapter; import android.widget.TextView; public final class ContactManager extends Activity implements OnItemClickListener { public static final String TAG = "ContactManager"; private Button mAddAccountButton; private ListView mContactList; private boolean mShowInvisible; //public BooleanObservable ShowInvisible = new BooleanObservable(false); private CheckBox mShowInvisibleControl; /** * Called when the activity is first created. Responsible for initializing the UI. */ @Override public void onCreate(Bundle savedInstanceState) { Log.v(TAG, "Activity State: onCreate()"); super.onCreate(savedInstanceState); setContentView(R.layout.contact_manager); // Obtain handles to UI objects mAddAccountButton = (Button) findViewById(R.id.addContactButton); mContactList = (ListView) findViewById(R.id.contactList); mShowInvisibleControl = (CheckBox) findViewById(R.id.showInvisible); // Initialise class properties mShowInvisible = false; mShowInvisibleControl.setChecked(mShowInvisible); // Register handler for UI elements mAddAccountButton.setOnClickListener(new View.OnClickListener() { public void onClick(View v) { Log.d(TAG, "mAddAccountButton clicked"); launchContactAdder(); } }); mShowInvisibleControl.setOnCheckedChangeListener(new OnCheckedChangeListener() { public void onCheckedChanged(CompoundButton buttonView, boolean isChecked) { Log.d(TAG, "mShowInvisibleControl changed: " + isChecked); mShowInvisible = isChecked; populateContactList(); } }); mContactList = (ListView) findViewById(R.id.contactList); mContactList.setOnItemClickListener(this); // Populate the contact list populateContactList(); } /** * Populate the contact list based on account currently selected in the account spinner. */ private void populateContactList() { // Build adapter with contact entries Cursor cursor = getContacts(); String[] fields = new String[] { ContactsContract.Data.DISPLAY_NAME }; SimpleCursorAdapter adapter = new SimpleCursorAdapter(this, R.layout.contact_entry, cursor, fields, new int[] {R.id.contactEntryText}); mContactList.setAdapter(adapter); } /** * Obtains the contact list for the currently selected account. * * @return A cursor for for accessing the contact list. */ private Cursor getContacts() { // Run query Uri uri = ContactsContract.Contacts.CONTENT_URI; String[] projection = new String[] { ContactsContract.Contacts._ID, ContactsContract.Contacts.DISPLAY_NAME }; String selection = ContactsContract.Contacts.IN_VISIBLE_GROUP + " = '" + (mShowInvisible ? "0" : "1") + "'"; //String selection = ContactsContract.Contacts.IN_VISIBLE_GROUP + " = '" + (mShowInvisible.get() ? "0" : "1") + "'"; String[] selectionArgs = null; String sortOrder = ContactsContract.Contacts.DISPLAY_NAME + " COLLATE LOCALIZED ASC"; return this.managedQuery(uri, projection, selection, selectionArgs, sortOrder); } /** * Launches the ContactAdder activity to add a new contact to the selected account. */ protected void launchContactAdder() { Intent i = new Intent(this, ContactAdder.class); startActivity(i); } public void onItemClick(AdapterView<?> l, View v, int position, long id) { Log.i("TAG", "You clicked item " + id + " at position " + position); // Here you start the intent to show the contact details // selected item TextView tv=(TextView)v.findViewById(R.id.contactList); String allcontactlist = tv.getText().toString(); // Launching new Activity on selecting single List Item Intent i = new Intent(getApplicationContext(), SingleListContact.class); // sending data to new activity i.putExtra("Contact Person", allcontactlist); startActivity(i); } } contact_entry.xml <?xml version="1.0" encoding="utf-8"?> <!-- Copyright (C) 2009 The Android Open Source Project Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. --> <LinearLayout xmlns:android="http://schemas.android.com/apk/res/android" android:layout_width="fill_parent" android:layout_height="fill_parent" android:orientation="vertical"> <ListView android:layout_width="wrap_content" android:id="@+id/contactList" android:layout_height="0dp" android:padding="10dp" android:textSize="200sp" android:layout_weight="10"/> <CheckBox android:layout_width="wrap_content" android:layout_height="wrap_content" android:id="@+id/showInvisible" android:text="@string/showInvisible"/> <Button android:layout_width="fill_parent" android:layout_height="wrap_content" android:id="@+id/addContactButton" android:text="@string/addContactButtonLabel"/> </LinearLayout> Logcat result: 12-05 05:00:31.289: E/AndroidRuntime(642): FATAL EXCEPTION: main 12-05 05:00:31.289: E/AndroidRuntime(642): java.lang.NullPointerException 12-05 05:00:31.289: E/AndroidRuntime(642): at com.example.android.contactmanager.ContactManager.onItemClick(ContactManager.java:148) 12-05 05:00:31.289: E/AndroidRuntime(642): at android.widget.AdapterView.performItemClick(AdapterView.java:284) 12-05 05:00:31.289: E/AndroidRuntime(642): at android.widget.ListView.performItemClick(ListView.java:3513) 12-05 05:00:31.289: E/AndroidRuntime(642): at android.widget.AbsListView$PerformClick.run(AbsListView.java:1812) 12-05 05:00:31.289: E/AndroidRuntime(642): at android.os.Handler.handleCallback(Handler.java:587) 12-05 05:00:31.289: E/AndroidRuntime(642): at android.os.Handler.dispatchMessage(Handler.java:92) 12-05 05:00:31.289: E/AndroidRuntime(642): at android.os.Looper.loop(Looper.java:123) 12-05 05:00:31.289: E/AndroidRuntime(642): at android.app.ActivityThread.main(ActivityThread.java:3683) 12-05 05:00:31.289: E/AndroidRuntime(642): at java.lang.reflect.Method.invokeNative(Native Method) 12-05 05:00:31.289: E/AndroidRuntime(642): at java.lang.reflect.Method.invoke(Method.java:507) 12-05 05:00:31.289: E/AndroidRuntime(642): at com.android.internal.os.ZygoteInit$MethodAndArgsCaller.run(ZygoteInit.java:839) 12-05 05:00:31.289: E/AndroidRuntime(642): at com.android.internal.os.ZygoteInit.main(ZygoteInit.java:597) 12-05 05:00:31.289: E/AndroidRuntime(642): at dalvik.system.NativeStart.main(Native Method)

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  • Increasing System Menu Font Size for OS X Lion

    - by JW01
    My father-in-law recently picked up an iMac (with OS X 10.7 - Lion) and loves it. However, his eyesight isn't that great and would like to find a way to increase the font size of the system menu bar like he could on his old Windows system. I've been unable to find anything in the system configuration that might work. I've heard that the TinkerTool might be able to do it, but I'm a little hesitant to monkey around with his system - I don't want to introduce system stability issues. Question: Has anyone been able to find any good way to increase the system menu font size?

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  • Web browser being selective about the sites that it will visit.

    - by Andrew Doran
    I've been trying to help my father-in-law with this problem but haven't been able to get anywhere. Since the weekend the web browsers on his computer (Chrome and Internet Explorer on Windows XP) will only let him get to certain sites - for example, he is able to conduct his online banking but he cannot visit www.bbc.co.uk, www.amazon.co.uk or www.ancestry.com. There is another computer in the house that goes via the same router and this can connect to both, which suggests it is his machine. I tried running a tracert to www.bbc.co.uk and managed to get through, but the web browser hangs with a message that it is waiting for a response. I tried using the WinSockFix tool in case it was anything to do with a recent registry change but that didn't work either. He can't think of anything that he recently did on his machine to cause the problem. Can anyone help?

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  • What response should be made to a continued web-app crack attempt?

    - by Tchalvak
    I've issues with a continuous, concerted cracking attempt on a website (coded in php). The main problem is sql-injection attempts, running on a Debian server. A secondary effect of the problem is being spidered or repeatedly spammed with urls that, though a security hole has been closed, are still obviously related attempts to crack the site, and continue to add load to the site, and thus should be blocked. So what measures can I take to: A: Block known intruders/known attack machines (notably making themselves anonymous via botnet or relaying servers) to prevent their repeated, continuous, timed access from affecting the load of the site, and B: report & respond to the attack (I'm aware that the reporting to law enforcement is almost certainly futile, as may be reporting to the ip/machine where the attacks are originating, but other responses to take would be welcome).

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  • What is the best way to register a domain name in China?

    - by Trevor Allred
    What is the best (cost and safety) to register a .cn domain name? We recently received 2 emails from companies (px-vps.org and one other) in China saying that another company was trying to steal/register our .com domain name in china (.cn). They then gave us a list of 15 domains from China to India that we should register through their company. Now they are saying we need to register for a 5 year minimum at $100 per domain. It's starting to sound like a $10,000 scam. We called 101domains and they said it would be $30 for the registration fee and $30 for the law firm in Shanghai. Who should I go through to avoid spending a lot of money and be sure we don't get ripped off in the process?

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  • Employee Scheduling

    - by stephane
    Hi, I need a software or simply an excel worksheet to schedule my employees. I have 16 lifeguards and 9 headguards, two of which act as coordinators one day a week. All employees cannot work more than 40 hours a week because of the provincial law. Furthermore, they must staff 6 beaches. Everybeach has different staffing needs. Furthermore, I would like the application to be able to to take into considerations all employees needs such as vacation days and prefered beaches. Finally I would like to create a staff rotation between beaches to encourage employee motivation. Is there an open source application for my needs available out there ?

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  • What email providers have extremely high reliability and robust SLAs?

    - by Benjamin Manns
    My dad is a professor who does part-time law practice. He had been using his university email address for professional correspondence, when he found out that the university had permanently lost 16 business-related emails in their spam filter (with no apology, notification, or compensation). What I am looking for now is an email provider (preferably with Exchange, but not required) with very high reliability and a SLA that is basically an insurance policy. I have looked at Google Apps's SLA, but this will not suit. I am looking for a provider who will take $X per month in registration fees, and will: Alert me when there is any downtime. Promptly fix the issue Pay me a fee ($Y) whenever there is downtime. I want a significant, contractual reason for them to be diligent in their service. Free service for me is not enough.

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