Thursday, April 13, 2006
Disclaimers could make emails into contracts
Judge Pelling ruled that the automatic inclusion of an email address is not enough to count as a signature.
The dispute was between JPF, a Portuguese bed maker, and Bedcare (UK) Ltd and its director Nilesh Metha.
According to court documents, JPF applied for a winding up order because Bedcare owed it money. Metha sent an email, or got one of his staff to, offering a personal guarantee to JPF if they would withdraw the winding up order. Mr Metha did not sign the email but the header read "nelmetha@aol.com".
JPF phoned and accepted the offer made - the hearing for the winding up order was adjourned for two weeks. Bedcare subsequently did go out of business. Metha claimed that the email was not enough to qualify as a signature under the requirements of the 1677 Statute of Frauds, and therefore he was not liable for the personal guarantee.
Judge Pelling said: "In my judgment the inclusion of an e-mail address in such circumstances is a clear example of the inclusion of a name which is incidental in the sense identified by Lord Westbury in the absence of evidence of a contrary intention.... I conclude that the e-mail ... did not bear a signature sufficient to satisfy the requirements of Section 4."
Full judgement available from Bailii here.
The end result of this could be that people who include a signature and disclaimer at the bottom of their emails might actually be making themselves more liable than people who just send one line emails. More details from Reckon here.
source:http://www.theregister.co.uk/2006/04/12/email_sigs_legal/
The Man Behind Online Porn's 'Steve Lightspeed'
source:http://yro.slashdot.org/yro/06/04/13/1251208.shtml
Duke Nukem Forever Update
source:http://games.slashdot.org/games/06/04/13/1233211.shtml
Vista won't show fancy side to pirates
Windows Vista plans to offer you spiffy new graphics, as long as you're not a pirate.
With the new operating system, Microsoft is offering plenty of new graphics tricks, including translucent windows, animated flips between open programs and "live icons" that show a graphical representation of the file in question.
But before Vista will display its showiest side, known as Aero, it will run a check to make sure the software was properly purchased.
"Those who are not running genuine Windows will not be able to take advantage of the Windows Aero user experience," a Microsoft representative told CNET News.com on Wednesday.
The move is the latest salvo in Microsoft's broad attack on those who use unauthorized copies of its operating system. In the fall of 2004, Microsoft began testing the Windows Genuine Advantage program, designed to verify that a particular copy of Windows is legitimate.
At first an optional program, the piracy check eventually became mandatory for many types of Windows XP downloads, but was not required to run any aspect of the operating system itself. Microsoft has identified reducing piracy as a key way for the company to grow its sales of Windows, which is already used on more than 90 percent of personal computers.
features planned for Vista.
But it's not just pirates who will be blocked from Windows' fanciest graphics. The Aero display also won't be available to those who buy Windows Vista Basic, the low-end consumer version of the operating system. And even those with higher-end versions won't be able to see the fancy graphics if they don't have enough memory, lack sufficient graphics horsepower or have a graphics chip that doesn't support a new Vista driver.
Microsoft has not issued the final hardware requirements for Vista itself, which is due to go on sale to consumers in January. However, the company has issued some guidelines for Aero, as part of a draft product guide that was briefly posted on the Internet this week.
What's needed
To run Aero, a system will need to meet some pretty specific and arcane requirements, including memory bandwidth of at least 1,800MB per second, Microsoft said in the document. The product guide said that Vista would include a tool for measuring this, but Microsoft did not offer further details on how consumers with existing PCs will be able to see if their machines meet the standard.
A Microsoft representative said on Thursday that more information for existing users will be available soon. There are diagnostic tools available on the Web, such as SiSoftware's Sandra, that provide memory bandwidth benchmarking information.
The system will need a graphics chip with a Vista-specific driver, as well as a varying amount of minimum graphics memory, depending on the size of the monitor. A computer with a single display of 1280-by-1024 pixels or less, for example, must have 64MB of graphics memory. For a larger screen, 256MB may be needed, as well as additional memory for secondary displays.
Flying Aero
To get the best out of Vista's graphics, you'll need at least four things, according to tentative Microsoft guidelines.1. A legitimate copy of one of Vista's higher-end versions: Home Premium, Business, Enterprise or Ultimate
2. A Vista-specific (WDDM) graphics driver
3. A minimum of 1,800MB per second of graphics memory bandwidth
4. Enough graphics memory (amount needed varies based on monitor size)
Source: Tentative guidelines inadvertently posted online by Microsoft this week.
A PC with shared memory--that is, memory that is used both by the main system and by the graphics chip--can also work with Aero. But it needs to have 1GB of dual-channel memory, with at least 512MB of that memory available to the main system.
Microsoft said that the Aero requirements stated in the product guide are not final. The Redmond, Wash.-based company has so far only released guidelines for machines that will display a logo indicating their Vista-readiness.
"A draft version of the Windows Vista Product Guide was posted inadvertently and includes information that is not yet final," the Microsoft representative said in an e-mail. "To date, we have only provided hardware guidelines as part of our Windows Vista Capable PC efforts. The Windows Vista Capable PC Program provides information to customers about PCs they can buy today that will be able to run Windows Vista."
Those Aero requirements are not easily understood by buyers or computer salespeople, said Michael Cherry, an analyst at market research firm Directions on Microsoft. He said, for example, that he has no idea how much memory bandwidth his computer has. "I wouldn't even know how to begin to measure it."
Cherry said that Microsoft still has work to do to translate these requirements into something that is understandable to the average PC user.
"I don't want to be an electrical engineer to figure this out," he said.
source:http://news.com.com/Vista+wont+show+fancy+side+to+pirates/2100-1016_3-6060700.html?tag=nefd.lede
AT&T Seeks to Hide Spy Docs
AT&T is seeking the return of technical documents presented in a lawsuit that allegedly detail how the telecom giant helped the government set up a massive internet wiretap operation in its San Francisco facilities.
In papers filed late Monday, AT&T argued that confidential technical documents provided by an ex-AT&T technician to the Electronic Frontier Foundation shouldn't be used as evidence in the case and should be returned.
The documents, which the EFF filed under a temporary seal last Wednesday, purportedly detail how AT&T diverts internet traffic to the National Security Agency via a secret room in San Francisco and allege that such rooms exist in other AT&T switching centers.
The EFF filed the class-action lawsuit in U.S. District Court in Northern California in January, seeking damages from AT&T on behalf of AT&T customers for alleged violation of state and federal laws.
Mark Klein, a former technician who worked for AT&T for 22 years, provided three technical documents, totaling 140 pages, to the EFF and to The New York Times, which first reported last December that the Bush administration was eavesdropping on citizens' phone calls without obtaining warrants.
Klein issued a detailed public statement last week, saying he came forward because he believes the government's extrajudicial spying extended beyond wiretapping of phone calls between Americans and a party with suspected ties to terrorists, and included wholesale monitoring of the nation's internet communications.
AT&T built a secret room in its San Francisco switching station that funnels internet traffic data from AT&T Worldnet dialup customers and traffic from AT&T's massive internet backbone to the NSA, according to a statement from Klein.
Klein's duties included connecting new fiber-optic circuits to that room, which housed data-mining equipment built by a company called Narus, according to his statement.
Narus' promotional materials boast that its equipment can scan billions of bits of internet traffic per second, including analyzing the contents of e-mails and e-mail attachments and even allowing playback of internet phone calls.
While AT&T's open filings did not confirm the details of Klein's statement, they did not dispute the legitimacy of his claims, and the company's filing included a sealed affidavit attesting to the sensitivity of the documents.
The company asked for a hearing Thursday to determine whether the documents could be used in the class-action lawsuit, whether they would be unsealed or whether the EFF would have to return them. The EFF filed a rebuttal, calling that time frame unworkable and accusing AT&T of not following normal court rules.
AT&T's lawyers also told the court that intense press coverage surrounding the case, including Wired News' publication of Klein's statement, was revealing the company's trade secrets, "causing grave injury to AT&T." The lawyers argued that unsealing the documents "would cause AT&T great harm and potentially jeopardize AT&T's network, making it vulnerable to hackers, and worse."
The EFF filed the documents last week under a temporary seal when it asked the judge to force AT&T to stop the alleged internet spying until the case goes to trial.
Klein's statement and documents are the only direct evidence filed so far by the EFF, and without them its case could be weakened.
It is not clear whether AT&T has served legal papers to Klein.
As of last week, Klein was represented by Miles Ehrlich, who until January served as a U.S. attorney in San Francisco, prosecuting white-collar crime. Klein is now also represented by two lawyers from the powerhouse law firm Morrison & Foerster, including James J. Brosnahan, who is best known for representing John Walker Lindh, the Marin County, California, man found fighting for the Taliban in Afghanistan.
The EFF declined to comment on the filing, while AT&T did not return a call seeking comment. The case is Hepting v. AT&T.
source:http://www.wired.com/news/technology/0,70650-0.html?tw=rss.index
Afghans selling US army 'files'
 A market has sprung up outside the Bagram airbase near Kabul |
Shopkeepers at a market next to Bagram base, outside Kabul, have been selling memory drives stolen from the facility, the Los Angeles Times newspaper says.
The disks reportedly contain personal details about US soldiers, military defences and lists of enemy targets.
A US spokesman said an investigation had been ordered into the reports.
Lt Mike Cody said the military was looking into "allegations that sensitive military items are being sold in local bazaars".
"Coalition officials regularly survey bazaars across Afghanistan for the presence of contraband materials, but thus far have not uncovered sensitive or classified items," he said.
The Los Angeles Times report said disks on sale at the market outside Bagram contained the names of allegedly corrupt Afghan officials, reports on enemy targets and details about US defences.
Afghanistan
A separate report by the Associated Press news agency appeared to confirm sensitive information could be acquired from the market.
The agency said its reporter bought several disks from the Bagram market, some of which contained confidential information about US soldiers.
One file reportedly described the type of training a group of soldiers had received. Another file is said to have contained a manual for flying the US military's Chinook helicopter.
'Stolen by workers'
According to the reports, the computer drives were on sale alongside other items, apparently also from the Bagram base.
These included US military uniforms and equipment such as compasses and binoculars.
A shopkeeper interviewed by the Associated Press news agency said he was not interested in the worth of the information on the memory drives.
He reportedly said he was selling the items for their value as hardware alone.
"They were all stolen from offices inside the base by the Afghans working there," he told the agency.
"I get them all the time."
Hundreds of Afghans are said to be working as cleaners, labourers and auxiliary staff at the Bagram base.
The base has been used by US forces since their invasion of Afghanistan in 2001.
US and Nato troops are in the country fighting insurgents linked to the ousted Taleban militia.
source:http://news.bbc.co.uk/2/hi/south_asia/4905052.stm
Cell Division Reversed for the First Time
source:http://science.slashdot.org/science/06/04/13/0411207.shtml
Japan to run world's first fuel-cell trains
Tokyo, April 12 (DPA) East Japan Railway Co. is to conduct a test run of the world's first fuel-cell-powered train in July, the company said Wednesday.
The fuel cells, which generate power from a chemical reaction between hydrogen and oxygen, will help reduce environmental pollution compared to the existing electric and diesel engines, the company said.
The new power source would also help improve scenery when Japan's web of railroads drops electric-power lines.
The fuel-cell trains will maintain the same current speed at about 100 km per hour, but the railway company is still developing a system capable of long distance travel.
source:http://in.news.yahoo.com/060412/43/63hvr.html
World's Strongest Glue! Available Only From Nature
The adhesive can withstand an enormous amount of stress, equal to the force felt by a quarter with more than three cars piled on top of it. That’s two to three times more force than the best retail glues can handle.
The single-celled bacterium uses sugar molecules to stay put in rivers, streams, and water pipes, a new study found. It’s not clear how the glue actually works, however, but researchers presume some special proteins must be attached to the sugars.
"There are obvious applications since this adhesive works on wet surfaces," said study leader Yves Brun, an Indiana University bacteriologist. "One possibility would be as a biodegradable surgical adhesive."
Engineers could use the superior stickum too, Brun and colleagues say.
But making it has proved challenging. Like a mess of chewing gum, the gunk globs to everything, including the tools used to create it.
"We tried washing the glue off," Brun said. "It didn't work."
source:http://news.yahoo.com/s/space/20060410/sc_space/worldsstrongestglueavailableonlyfromnature;_ylt=AoR8h0L1bTF9NLh.uRR_1Tes0NUE;_ylu=X3oDMTA3ODdxdHBhBHNlYwM5NjQ-
2006 ACM Programming Contest Complete
source:http://it.slashdot.org/article.pl?sid=06/04/12/2124239
Memory Manufacturers Could be Cheating
source:http://hardware.slashdot.org/article.pl?sid=06/04/12/2054228
Sun opens modeling tools
Tools for UML, XML and service orchestrated architectures (SOAs) will become the latest features in Sun Microsystems Java Studio Enterprise suite to be open sourced.
Sun is to release its two-way Unified Modeling Language (UML) modeler, XML infrastructure and visual editing tools, and tools to design and orchestrate business processes using Business Execution Process Language (BPEL), and build composite applications. The software, part of the planned Java Studio Enterprise 9.0, will made available for download as part of Sun's NetBeans Enterprise Pack.
By open sourcing its UML tools Sun is continuing its push against the rival Eclipse open source tools framework. The Eclipse Foundation has pushed UML and model-driven architectures for some time via the Eclipse Tools Project. The project encompasses an open source implementation of UML, called UML2, and a modeling framework and code-generation facility to build tools and applications that use a structured data model - called the Eclipse Modeling Framework (EMF).
Dan Roberts, director of marketing for developer tools at Sun, claimed that Sun is offering the community "mature tools" that are "functionally superior to what you get if you go to the Eclipse project."
Roberts told The Register: "The difference is they are not integrated into the IDE [Integrated Development Environment] at a deep level. That enables reverse engineering of code to the source and allows tight integration with the tool of choice." The BPEL orchestration component features tools acquired with SeeBeyond Technologies last summer.
Sun is also providing the tools with an implementation of the company's specification for Java Enterprise Edition (JEE) 5.0, developed under Project Glassfish, as part of the NetBeans pack. JEE 5.0 forms the basis of Sun's Java application server, so NetBeans users are getting an application server with their BPEL tools, which enabling thes to build and de-bug processes while running on the server.
Roberts said Sun is open sourcing the Java Studio Enterprise features to help developers and encourage ISVs to build plug-ins for the tools, extending the NetBeans ecosystem. More than 115 organizations are members of Eclipse, with many more building plug-ins to the platform.
"Sun wants... to continue to grow the NetBeans community, and create more and more opportunities for add-in partners and developers to build extensions and plug ins that extend the functionality and create their own ecosystem around NetBeans," he said.
This could all be quite academic. UML has experienced something of a downturn in its fortunes, having been pitched in the beginning as the solution to designing and engineering all kinds of systems. However, systems architects have settled on using just subsets of UML - not the full language - to suit specific needs.
Sun sees a continuing need for UML modeling - along with XML tools - in areas where developers must architect large-scale systems and manage growing volumes of XML files. That means systems integration companies, mission-critical computing, and government.
Answering the age-old question of how Sun can make any money from open sourcing yet more of software, Roberts claimed Sun would cash in by lowering the barriers of pricing on UML, XML and SOA tools and by opening the closed source development process. "We have an opportunity to capitalize and monetize these communities to grow and develop," he said. He expects Sun to make money down the line, selling runtimes, systems and services.
source:http://www.regdeveloper.co.uk/2006/04/12/sun_uml_eclipse/
Trophy Active Protection System
RAFAEL (system) / IAI Elta (threat detection)
Trophy Active Defense System (ADS) is marketed by General dynamics, based on a system designed in Israel by an industry consortium headed by RAFAEL, including IMI and IAI/ELTA. After evaluating several systems available in the world market, General Dynamics selected the system for further improvement and is offering a version of the system to the US Army and other customers. GD plans to introduce the system with every new and existing combat vehicle it produces, including Stryker, M-1A2 and FCS. According to GD officials, the system can be adapted to US requirements and enter production within two years. The system has completed hundreds of live test with the Israel Defense Forces and demonstrated effective neutralization of anti-tank rockets and guided missiles, high safety levels, insignificant residual penetration and minimal collateral damage. The system is in full scale engineering phase for inclusion on Merkava Mk. 4 tanks and the future light armored vehicle (Stryker).
The Trophy active protection system creates something equivalent to a hemispheric "force field" around the protected vehicle. It has three elements providing – Threat Detection and Tracking, Launching and Intercept functions. The Threat Detection and Warning subsystem consists of several sensors, including flat-panel radars, placed at strategic locations around the protected vehicle, to provide full hemispherical coverage. Once an incoming threat is detected identified and verified, the Countermeasure Assembly is opened, the countermeasure device is positioned in the direction where it can effectively intercept the threat. Then, it is launched automatically into a ballistic trajectory to intercept the incoming threat at a relatively long distance.
Specific details about the composition and mechanism of this explosive interceptor device are vague. From the briefing provided by US sources, Defense Update understands that Trophy is design to form a "beam" of fragments, which will intercept any incoming HEAT threat, including RPG rockets at a range of 10 – 30 meters from the protected platform. The Trophy development roadmap considers an enhanced countermeasure unit to be available in the future, and protect against kinetic energy (KE) threats. Trophy was designed to effectively operate in a dense urban environment, where armored vehicles operate closely with integrated infantry forces. Therefore, direction, formation and energy of the fragments are
designed to ensure effective target kill with low collateral damage, and low risk to nearby troops. While not in use, the system is maintained in the stowed position, protected by an armor shield. The system has an automatic reload mechanism to handle multiple attacks.
The system can simultaneously engage several threats, arriving from different directions, is effective on stationary or moving platforms, and is effective against short and long range threats (such as RPGs and ATGM). Trophy was designed to be effective in open or closed terrain, including urban area and can be operated under all weather conditions.
On March 30, 2006 General Dynamics announced the successful completion of a firing test, conducted at the request of the Office of the Secretary of Defense's Office of Force Transformation (OFT), to validate the Israeli Army's tests that demonstrated Trophy's ability to detect, track and destroy incoming rocket propelled grenades (RPG) at safe distances from the host vehicle. Trophy underwent this U.S. validation testing in support of OFT's Project Sheriff, or the Full-Spectrum Effects Platform (FSEP). FSEP program officials seek to meet urgent operational requirements for a range of lethal and non-lethal technologies on a rapidly deployable platform. Trophy was selected in 2005 to be FSEP's active protection solution. During the test, Trophy detected, tracked and defeated an inert incoming RPG while the Stryker combat vehicle was on the move. Similar tests were successfully conducted in Israel in late February.
source:http://www.defense-update.com/products/t/trophy.htm
The Founders of Whitedust
source:http://it.slashdot.org/article.pl?sid=06/04/12/1540223
