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libertymcateer

1,122 karma · joined November 5, 2015

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libertymcateer··on Apple betrayed by its own law firm (2013)
> But 35 percent of the company has been quietly controlled by an attorney at one of Apple's own go-to law firms, Morgan, Lewis & Bockius

In case no one here is aware, this firm has also been in other headlines recently:

> Lawyers who said Trump has no ties to Russia named Russian law firm of 2016

https://www.theguardian.com/us-news/2017/may/12/law-firm-rus...

Edit inb4 comments: I am not making any judgments of this firm, or implying that these things are in any way related. Additionally, as pointed out, this story is from 2013 and has been settled. It is interesting, however, to see this old story popping up now.

libertymcateer··on Startup CTO – Premature Scaling
I am using postgres and redis - they are both trivial to set up and cost about a few lattes a month for a fairly scalable solution. If I had huge traffic, a few hundred bucks a month would be totally adequate - and this is running on the too-expensive heroku. So, unless Riak costs pennies and takes literal minutes to set up, the 10x claim won't hold.

Riak looks like it would be overpowered by my needs - but then again, I learn something new every day.

libertymcateer··on Why My Handwriting Sucks: A Typographical Analysis
No worries!!

Also, don't let all the very tough feedback on here get you down. Tough crowd on here!

libertymcateer··on Why My Handwriting Sucks: A Typographical Analysis
Yeah. It is like a spelling error in an essay about spelling.

Not great.

libertymcateer··on Why My Handwriting Sucks: A Typographical Analysis
>The quick brown fox jumps over the lazy dog.

That was bugging the heck out of me.

libertymcateer··on The Myth of a Superhuman AI
Yes, there is a theoretical limit for temperature.

https://en.wikipedia.org/wiki/Absolute_hot

For all intents and purposes, however, it is preposterously enormous.

libertymcateer··on What Happens When You Send a Zero-Day to a Bank?
My sn is my name. I am the only lawyer named Liberty that I am aware of.

More easily, my profile on my firm's website: lawyernamedliberty.com. I'm fairly easy to get in touch with.

libertymcateer··on What Happens When You Send a Zero-Day to a Bank?
I am one such attorney.
libertymcateer··on What Happens When You Send a Zero-Day to a Bank?
I read more in the article so I am updating my comment - the FBI's involvement is surprising and alarming.

When in doubt, people, call your attorney.

libertymcateer··on What Happens When You Send a Zero-Day to a Bank?
Yeah I genuinely don't understand the point here. Who is protecting what?
libertymcateer··on Survivorship Bias
> Survivorship bias is "Zuck did X, Y and Z, if I do the same then I'll be a multi-billionaire too!"

This is also called "cargo cult behavior." https://en.wikipedia.org/wiki/Cargo_cult#Metaphorical_uses_o...

libertymcateer··on Hard-won lessons: Five years with Node.js
> Based on this, it's hard not to state that current Node-developer are the new PHP-developers: Unsophisticated, completely unable to see when the tools at hand are lacking, and happy with a with whatever they can get running.

Comments like this are not the problem with HN.

The fact that they get voted, literally, to the top, is.

libertymcateer··on Ask HN: Best business advice for software developers
I'm a software attorney - I negotiate software development, installation, support and licensing, deals, including agile software development, SaaS, PaaS, API agreements, SLAs - you name it. I was also in house counsel for a group of tech startups for five years prior to my current role. Finally, I write software, actively - these days in Node - yes, I know this is an invitation to mockery, which I welcome. All of this is a long-winded introduction to try to say I know a thing or two about this.

tl;dr: 1. The most important thing for developers to understand is the business goal of the software they are delivering. 2. The second most important thing for software developers to understand is how much they cost and their opportunity cost - especially if they are on staff.

To explain in more detail:

1. Software you develop professionally serves a business goal. Engineering decisions should be made in support of this goal - they are, themselves, not the primary motivating force. There are often cases where an engineering decision is a key part of the business offering - e.g., a specification, compliance with a protocol or a law or regulation, performance metric, systems compatibility - but this is still a business point. You are still building software for it to be sold. Part of understanding the business goal of the software is how the client (whether that is your employer or your actual client, if you are an independent developer or studio) actually makes money off of that software or how it fits into their business model. This means that, by and large, while executives are actually very sympathetic to engineering decision - you have to understand that a very large number of engineering decisions (possibly a majority?) are non-responsive to business concerns - i.e., they truly do not care if you go with react as opposed to angular for engineering reasons - but they do care if you tell them that there are more developers out there familiar with angular, they are easier to find and hire, the codebase is more actively maintained, it is less prone to failure, it is more likely to continue to be stable in five years, and it will not cost as much to re-factor the old parts of your production-software to this new platform as opposed to an old platform (NB: this example is made up. I have no idea if it is or is not true, with regard to react v angular). They don't care if one is shinier or newer - unless it has a material impact on the ability of software developers to perform and deliver, or it will have a material impact on the stability, security or performance of the underlying software.

2. Software developers are monstrously expensive. Mind-bogglingly so. And non-technical people have a very, very hard time understanding what you do all day. The many, many attempts to metricize software development - velocity, kanban boards, (god forbid) LoC measurements - are an attempt for non-technical people to try and match cost to output. Please understand that this is well meaning - they do respect what you do, they just do not fully understand it, which is why they have to build these elaborate systems to try and make sense of it. To express this another way - you cost money with every breath you draw, and you are fantastically expensive to keep around. A few months ago I was at a JS meetup here in NYC, where a CTO walked through how much work it took to install bower, grunt and babel into their production stack. He said it took 3-4 senior engineers three months of dedicated time to make this transition. I thought to myself, he must have made a great business case, the business managers must have understood this was necessary for the health of the product, his managers must defer to him without question, or the organization has very loose controls, or some combination of the foregoing, because that is somewhere on the order of 3.5 (persons) * 150 hours (productivity / month) * $125/hr (cost of a senior dev, fully loaded) * 3 months = ~$200,000 worth of work for changes to the stack that were purely internal. The math is crude and very back of the envelope - but consider the opportunity cost - that was senior dev time not being put into feature development, critical bug fixes, or performance optimization - it was purely back-end refactoring. Personally, I have no idea if this investment will turn out to have been worth it - I don't know enough about what it was like to write code in that org before and after these changes - I do know a tiny fraction of JS devs work in es6 - so I am skeptical of the utility of babel at this point, but that may be very shortsighted. What I can say with some certainty, however, having negotiated many, many millions of dollars worth of software development agreements, that this was a major operation, even for an 'internal' client. To put it another way, if you hired outside guns to do this same thing, double the cost. The whole point of this story is realize that, when this was all pitched to the management, who are decidedly not software developers, they had to put tremendous faith in their engineering team that this really large cost was worth it, when I'm sure there was a yard-long list of bugs, features and optimizations that were being de-priotized for this fix that the managers would never actually see, touch or interact with directly. When you are pitching engineering decisions to your clients, you have to make it very expressly clear why it matters for the business case - not just why it matters for the engineering case. You may be right and they may even understand and agree - but in the end, unless the engineering changes are going to have a business impact, it is not a good business decision to invest in them. Please understand - sustainability, security, performance and the happiness of the software development staff are important business considerations - so you can include them in your pitch. But if you just tell a manager that react fiber is better and the way of the future, and you must do a full-stack migration from your static HTML forms to react fiber and it will take 1000 hours of dev time, don't be surprised if you get the stinkeye. Tell them this is an investment in the sustainability of the product and it will mean it will work on more systems, more browsers, work better on mobile and make it easier to hire engineers? You may succeed in your pitch.

libertymcateer··on Ask HN: How do you avoid staying too late at work?
> I don't understand why is it dangerous,

Because you may get fired. Before this devolves into a philosophical argument, I am not saying this is right, or that there aren't many valuable employees and skill sets who are less at risk of this sort of termination, or that there are many good and valuable ways to negotiate these things with your boss. But the advice of simply stating you get up from your desk to leave at the end of your contract time is dangerous. This is highly context dependent.

Communication is good. Put in the effort, go the extra mile and tell your boss your are overwhelmed. Don't just get up and go home at the stroke of [5:00] or [6:00] or whenever it is.

Disclaimer: this is in no way a legal opinion and I am not your lawyer. If you need a lawyer, get a lawyer, especially if you have an employment related dispute. Further, I am not advocating a harsh managerial style - I am not advocating anything, except to not unnecessarily risk your jobs.

libertymcateer··on Ask HN: How do you avoid staying too late at work?
> You get up at the time your contract says and you go to home.

Are you American?

The vast majority of the American workforce is "at will." There is no contract.

> he solution is simple, just stand up and leave and talk to your boss about the amount of work so he can hire someone to help you or delegates the work to other person.

This is exceedingly dangerous. You are telling people to go to their bosses and say "hire someone to do the job you hired me to do."

Source: practicing attorney.

libertymcateer··on The House just voted to wipe out the FCC’s landmark Internet privacy protections
This really couldn't be clearer, could it?
libertymcateer··on The House just voted to wipe out the FCC’s landmark Internet privacy protections
Please, don't undercount the number of "libertarian" crypto-geeks who think that regulation is the devil.
libertymcateer··on Who Owns Your Face?
Ownership is a legal concept.

The only solutions to this problem are legal solutions. It is a legal problem to begin with.

libertymcateer··on Impossible Foods says it is close to finishing a large-scale production facility
> any more red tape other than certifying the new facilities

That is a very substantial amount of potential red tape.

libertymcateer··on Impossible Foods says it is close to finishing a large-scale production facility
Headline is a dramatic overstatement.

> In an announcement today, the Bay Area company said it was close to finishing a large-scale production facility in Oakland, California that can produce as much as 1 million lb (454,000 kg) of meatless meat a month.

1. Facility not done.

2. Facility not tested.

3. Capacity not demonstrated.

4. Regulatory approval -- pending?

This headline needs editing.

libertymcateer··on An initiative to extend broadband to every household in New York State by 2018
Why this is not just a municipal plan is totally beyond me.

Within months your privately held broadband provider is going to be selling your private info to the highest bidder.

Why we have privately owned public communications lines is utterly beyond me. I do not see why a substantial portion of every dollar I spend on internet has to go to marketing and executive compensation. Completely infuriating.

libertymcateer··on Web Scraping: Bypassing “403 Forbidden,” captchas, and more
> you realize if you piss off anyone doing this, they can have you sent to jail right?

Are you talking about Aaron Swartz? There were complicating factors. Typically, no, scraping is not a criminal matter. If you need a lawyer, however, you should talk to one.

> Automated scraping is unlikely to qualify as fair use in court.

Scraping is not [usually] the problem. It is what you do with the scraped content that is the problem. Additionally, the nature of the scraped content itself is at issue: facts are not copyrightable, for instance, just particular expressions.

Fair use is a hugely, hugely complex topic. If you ever ask someone if something is fair use and they give you a straight "yes" or "no" answer - don't trust it unless they are also showing you a court decision that covers your exact scenario and is valid in your jurisdiction. Any good answer will include a healthy does of "it depends."

The only way to conclusively determine if something is fair use is going through the fair use "run-time" - which is a court decision on the topic. There is no other way - none - to determine if something is fair use and claims to the contrary are false. To be clear: fair use is a judicial determination and it is highly fact specific.

Disclaimer: I am a lawyer, but I am not your lawyer. If you need one, you should get one.

libertymcateer··on Police ask for whole city's Google searches, and a judge says yes
Thank you for this very good tl;dr.
libertymcateer··on Anthony Bourdain on not having debt
> The amount of waste, corruption and poor planning by the gov't

[Citation needed.]

libertymcateer··on GPG Suite
Right, and the point is that this gift will not achieve mass adoption unless there is better support.

Edit: I checked your profile - I will likely be getting a bunch of your recommended reading material, and we clearly have a -lot- of interests in common. This is my way of saying that I have a lot of respect for your opinion and also trying to also express that while I am sure my tone is coming off as someone wry or sarcastic, I do not mean to be bluntly disrespectful.

What I can tell you is that, on this count, you are very unlikely to persuade me. I spend a substantial amount of time helping people attach business models to software, and 'free' is one of those models - it can absolutely be rigorous, and you can absolutely build big, successful businesses off of software that is offered without any user cost.

No business will ever be successful - ever - if the core offering is poorly supported.

At this point, you may counter that GnuPG is not a business - fair point! In that case, it is a charity - but this does not change the fact that the software it is releasing is not a commercially viable product and it will not become one with this level of support. Other foundations, however, do release commercially viable software. Including, notably, the elephant in the room: Mozilla.

In fact, there are donation pages right on the linked site. So, rather than take the attitude that we should be grateful for any free software, why don't we take the attitude that it is extremely bloody important at this point in history that a whole lot of people release commercial-grade encrypted communications software and try to discuss what is going wrong here with GnuPG and how it can be fixed? To put it another way: this is addressing a clear need, which is that of an independent publisher, not beholden to any particular set of third parties, publishing secure communications software. Rather than accept that it is going to be virtually impossible to get the software it releases adopted at, for instance, the law firm in which I work - why can't we accept something here is going wrong, and that other people, like Mozilla, seem to have it figured out?

I'm much more interested in that discussion than basically being told I should be thankful for this gift of software that still doesn't work 42 days after the last Sierra upgrade.

libertymcateer··on GPG Suite
Communications software that has >40 days of lag between OS updates and a patch that allows the software to run on that OS is not commercial grade.

I understand the value in doing the project nonetheless (research, reputation, education, academic use, public availability at no cost, etc.), but it is not reasonable to expect any corporate user to even consider adopting a communications tools with ~6-7 week lag-times to patch after OS upgrades.

And I regret now mentioning freemium. That is not relevant.

You can argue - very validly - that this software is a gift horse. However, it is unreasonable to be unreceptive to critique that says, simply, "projects that take this long to update after OS updates are not commercial grade." That is all I am saying.

I hate the implication that just because software is free it should just be accepted that it is not well supported - if that is the point that is being made, corporate users simply won't be using the software in question.

libertymcateer··on GPG Suite
Is the implication that is because the software is free, the admins may be unworkably slow in releasing critical patches?

Plenty free software is patched on time. Is this going to become a philosophical debate about freemium software?

libertymcateer··on WikiLeaks Releases Trove of Alleged C.I.A. Hacking Documents
Found it: the worm is called Dynacrypt.

Check it out and let me know what you think.

Edit: from the top google result on Dynacrypt:

>While the ransomware portion of DynA-Crypt, as described in the next section, is a pain, the real problem is the amount of data and information this program steals from a computer. While running, DynA-Crypt will take screenshots of your active desktop, record system sounds from your computer, log commands you type on the keyboard, and steal data from numerous installed programs.

>The programs and data that DynACrypt steals includes:

>Screenshots

>Skype

>Steam

>Chrome

>Thunderbird

>Minecraft

>TeamSpeak

>Firefox

>Recordings of system audio

libertymcateer··on John Carmack is suing ZeniMax
> who simply do not inform themselves about things that are outside their domain.

And hopefully have the self-awareness not to have strongly held opinions in these areas (at least without sufficient evidence). However, I find that all too often, this is not the case.

libertymcateer··on John Carmack is suing ZeniMax
Who is dodging what now? (Not trying to be facetious -forgive me, I'm just not really following.)
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