As Senator Warren’s presidential candidacy gathers momentum, the Democratic establishment is nervously reckoning with the leftward drift of the party. Warren has a reputation for progressive policy ideas, but she is distancing herself from Bernie Sanders-style democratic socialism. Instead, she is casting herself as a pragmatist who has reasonable plans to reform education, health care, and a financial system that advantages the very rich. Sheelah Kolhatkar joins Dorothy Wickenden to discuss Warren's critique of 21st-century capitalism, and voters' concerns about whether she could beat Donald Trump.

After more than two years of debates and one deadline extension, the United Kingdom is set to leave the European Union on October 31st. Last week, with no Brexit deal in sight, Prime Minister Boris Johnson moved to suspend Parliament for five weeks leading up to that deadline. The move outraged members of Parliament and spurred a revolt in Johnson’s own party, resulting in legislation that may prohibit him from executing a no-deal Brexit. Johnson has called for a general election, though he no longer has the legislative majority he needs to force a vote. Sam Knight joins Dorothy Wickenden to discuss the week in Parliament and what it might mean for the future of British democracy.

This week, after two months of questioning seventeen former and current State Department and White House officials, the House Intelligence Committee released its report on the impeachment inquiry into President Trump. What has the country learned with certainty about how the Administration tried to strong-arm the new President of Ukraine, and about the fictional counter-narrative being spun by the Republican Party? Susan B. Glasser joins Dorothy Wickenden to discuss the strengths and weaknesses in the Democrats’ case for the impeachment of the President.

The U.S. Postal Service is a rare thing: a beloved federal agency. Mail carriers visit every household in the country, and they are the only federal employees most of us see on a regular basis. But the service has been in serious financial trouble for years, a problem exacerbated by the coronavirus crisis. The survival of the system depends on intervention from Congress, but President Trump has called the postal service “a joke,” and without congressional intervention it could be forced to cease operating by the end of the year. Casey Cep, a New Yorker staff writer and the daughter of a postal worker, joins Dorothy Wickenden to discuss the past and future of the U.S.P.S.

Struggle has a way of defining us. But while we often use struggles to teach lessons and build resilience, a struggle without a purpose doesn’t always yield positive results. In this edition of Two Guys on Your Head, Dr. Art Markman and Dr. Bob Duke talk about the difference between struggling and suffering, and why...

Have you ever told someone, “Hey, I read that book!” then continued with a guilty, “…well, I listened to the audio version.” It’s time to wash that guilt right out of your soul, because in this edition of Two Guys on Your Head, Dr. Art Markman and Dr. Bob Duke, talk about how our brains process...

Because we know “how” things work sometimes we think we understand “why” these things work as they do, and that can be a problem. In this edition of Two Guys on Your Head, Dr. Art Markman and Dr. Bob Duke talk about the difference between “how” vs. “why” knowledge, and why it’s important to recognize...

We might think the idea of happiness and joy are interchangeable, but as Dr. Art Markman and Dr. Bob Duke discuss on this episode Two Guys on Your Head they are very different.

Karen and Bradley discuss the copyright decision in the Oracle vs. Google case.

Show Notes:

Segment 0 (00:33)

• Bradley mentioned the BPM for the human heart is to the Bee Gee's song, STayin' Alive. (01:55)
• FaiF's bandwidth is provided by OSU-OSL. Please donate to OSU-OSL. (09:50)
• Bradley and Karen discuss the copyright decision in the Oracle vs. Google case. (12:26)
• Bradley couldn't find quickly a full telling of the windings/SCO font thing, but this blog mentions it (29:34)

---

Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on on Twitter and and FaiF on Twitter.

Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).

Bradley and Karen discuss the details of the completion of the lawsuit (which Conservancy supported) between Christoph Hellwig and VMware in Germany.

Show Notes:

Segment 0 (00:37)

• Bradley mentioned the episode of Red Dwarf, White Hole, where the characters are speaking too slowly or two quickly due to time differentials. (01:30)
• Bradley explained that the Hellwig vs. VMware suit in Germany has concluded. (03:30)
• German is a civil law legal system. (05:15)
• Christoph Hellwig announced on his website that he has decided not to appeal. (07:18)
• Bradley did a technical analysis how much of Christoph's code appeared in the infringing VMware product. (07:50)
• Till Jaeger was Christoph's lawyer; Till was also the lawyer for Harald Welte's (currently defunct) gpl-violations.org project. (09:04)

Segment 1 (09:26)

• “Trolling” refers to being a non-practicing entity. Patrick McHardy is specifically a practicing entity, since he upstreamed a lot of code in Linux. (09:50)
• Bradley was thinking of the patent troll, Intellectual Ventures. (10:40)
• Bradley that the Eastern district of Texas hears many patent cases in the USA. (10:50)
• Bradley mentioned a This American Life, Episode 411, which discussed patents. Show hosts/producers Laura Sydell and Alex Blumberg visit one of those “empty-but-not” office buildings in the Eastern District of Texas. (11:18)
• Bradley and Karen wrote about Patrick McHardy's behavior back in July 2016 — Conservancy was the first to talk about it publicly. Bradley sought to prevent the “compliance industrial complex” from using knowledge of Patrick's behavior to unduly scare people. (13:10)
• Conservancy (with FSF) also published the Principles of Community-Oriented GPL Enforcement (15:10)
• The rest of the Netfilter team, except for Patrick McHardy, endorsed the Principles. (16:30)
• The VMware suit started 2015-03-05, and began before Patrick McHardy started his problematic behavior. While the VMware suit was working its way through the court, McHardy had filed many inappropriate lawsuits. (18:30)
• German court decisions are very rarely published, but thanks to hard work by everyone involved, the appeal decision, and the lower Court's decision (the latter of which was also translated into English.) (27:30)

Segment 2 (33:01)

In the next episode, Karen will discuss the Kernel Enforcement Statement Additional Permission, and the Red Hat “Cooperation Commitment”. (35:40)

---

Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on on Twitter and and FaiF on Twitter.

Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).

The players changed, but the result was still the same when Washington played Gonzaga — an 83-76 defeat. If the Huskies want to avoid a seventh straight loss to the Bulldogs, then maybe they should try new approach the next time they face their in-state rival.

The Huskies face Ball State for just the second time in school history. They last met the MAC opponent 35 years ago in a game in which Detlef Schrempf scored 20 points in a win.

The defending champions are going back to the Women's World Cup title game. Two early goals from Christen Press and birthday girl Alex Morgan lifted the U.S. past England and into the championship match, where the Americans will face either the Netherlands or Sweden.

The U.S. and Netherlands entered halftime scoreless, but it wouldn't stay that way for long. Megan Rapinoe struck first on a penalty kick to open the first lead of the game and 24-year-old Rose Lavelle added a second goal to clinch the Americans' second straight World Cup title.

Amid sickness, deaths and frustrations among some who are clamoring to return to life before the COVID-19 outbreak, Gov. Jay Inslee finds himself tested politically like never before.

The idea is to impart the baseball knowledge of himself and others he recruited to the cause — many of whom are part of the wave of Northwest-based coaches who have infiltrated professional baseball — while raising money for the Fred Hutchinson Cancer Research Center to support COVID-19 research.

The idea is to impart the baseball knowledge of himself and others he recruited to the cause — many of whom are part of the wave of Northwest-based coaches who have infiltrated professional baseball — while raising money for the Fred Hutchinson Cancer Research Center to support COVID-19 research.

The idea is to impart the baseball knowledge of himself and others he recruited to the cause — many of whom are part of the wave of Northwest-based coaches who have infiltrated professional baseball — while raising money for the Fred Hutchinson Cancer Research Center to support COVID-19 research.

The actual activities of the presidential campaign remain largely on hold, frozen by the coronavirus outbreak that has brought most other aspects of the country’s public life to a standstill. For the foreseeable future, the pandemic has overtaken all other issues in the campaign and may well turn the election into a one-issue debate.

Simon Rakoff and Sean Cullen offer their dinner-most thoughts when they compare plates to bowls. Then, Michelle Shaughnessy and Deborah Kimmett offer bold and beautiful arguments in their debate on soap operas.

Charlie Demers and Katie-Ellen Humphries Buzz-Feed off each other in their debate on social media as a source for news. Then, Don Kelly and Charles Haycock get comfortable when they compare chairs to couches.

Graham Clark and Kim’s Convenience’s Andrew Phung are ready to rumble when they compare wrestling icons The Rock and Hulk Hogan. Then, Arthur Simeon and Kate Davis pack their bags when they discuss studying abroad.

Patrick Ledwell and Amanda Brooke Perrin send a clear message to their Ottawa audience when they discuss if it’s better to call or text. Then, Ron Sparks and beloved children’s entertainer Fred Penner belt it out over whether or not everyone should sing.

Look at this photograph from Season 12: Canada's most-maligned band has sold more than 50 million albums worldwide. Kyle Bottom tells Mayce Galoni it's time we appreciated Nickelback. Then, questions are asked and answered—loudly!—in a punctuation altercation between Lara Rae and Peter Brown.

Dr. Susy Hota, the Medical Director for Infection Prevention and Control at University Health Network in Toronto joins Dr. Brian Goldman to answer 10 questions on COVID-19.

(United States Ninth Circuit) - In a suit for trademark infringement and unfair competition brought under the Lanham Act by a producer of karaoke music tracks, alleging that the defendants performed karaoke shows using unauthorized 'media-shifted' files that had been copied onto computer hard drives from the compact discs released by the plaintiff, the district court's dismissal is affirmed where plaintiff did not state a claim under the Lanham Act because there was no likelihood of consumer confusion about the origin of a good properly cognizable in a claim of trademark infringement.

(United States Ninth Circuit) - In a suit for trademark infringement and unfair competition brought under the Lanham Act by a producer of karaoke music tracks, alleging that the defendants performed karaoke shows using unauthorized 'media-shifted' files that had been copied onto computer hard drives from the compact discs released by the plaintiff, the district court's dismissal is affirmed where plaintiff did not state a claim under the Lanham Act because there was no likelihood of consumer confusion about the origin of a good properly cognizable in a claim of trademark infringement.

Who framed Roger Rabbit? Talking about Software Development in companies is about using frames. The prevalent frame is the that of the 'Backlog'. Thinking in this frame defines success as finishing the backlog. The pressure of throughput leads to engineering cutting corners and makes developers unhappy. Thinking in an 'Impact' frame leads to more successful company and happier developers. Stephan Schmidt

(United States Eighth Circuit) - In an action by a company which provides security and consulting services to casino operators, seeking a declaratory judgment that an Indian tribal court lacked jurisdiction and an order compelling arbitration, summary judgment for defendant is affirmed in part where the tribal courts could exercise adjudicatory jurisdiction over the tribe's claims against plaintiff for trespass to land, trespass to chattels, and conversion of tribal trade secrets. However, the judgment is reversed in part where the tribal court did not have jurisdiction under the second Montana exception over the tribe's claim for conversion of tribal funds.

(California Court of Appeal) - In a government contractor's claim for an equitable adjustment arising out of its fixed price indefinite delivery contract with the Defense Logistics Agency (DLA)’s Defense Reutilization and Marketing Service (DRMS), the Court of Federal Claims' denial of the claim is reversed where: 1) the Claims Court's findings that DRMS did not inadequately or negligently prepare its estimates and that Agility did not rely on those estimates are clearly erroneous; and 2) Plaintiff’s receipt of scrap sales and the parties' agreement to clause H.19 do not preclude plaintiff from recovering under this claim.

(United States Ninth Circuit) - In third-party claims brought by the City of Los Angeles for breach of contract and contribution against contractors that allegedly breached their contractual duty to perform services in compliance with federal disability regulations in the design and construction of a bus facility, the district court's dismissal of the City's claims is reversed where: 1) Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act did not preempt the City's state-law claims because the ADA expressly disavows preemptive federal occupation of the disability-rights field; and 2) conflict preemption also did not preclude the City's claims.

(Supreme Court of Delaware) - In response to four certified questions from a district court relating to Delaware's Escheat Statute, the Supreme Court of Delaware finds: 1) the new definition of "period of dormancy" for stocks in 12 Del. C. section 1198(9) does not apply retroactively in civil actions involving stocks that were escheated prior to June 30, 2008; 2) common law or statutory causes of actions against parties that are involved in an escheat transaction (other than the State of Delaware) are not superseded by the Escheat Statute. Causes of action for negligence, conversion, and "failure to register" might be available if adequately pleaded, but the court is unable to opine on the question of whether a claim for breach of fiduciary duty or "some other cause of action" is viable against defendants; 3) only the immunity granted by 12 Del. C. section 1203(b) applies in this case involving escheatment of stock; and 4) "Good faith" under 12 Del. C. section 1203(b) is an affirmative defense, the substantive elements of which must be pleaded and proved by the defendant that claims immunity.

(United States Ninth Circuit) - In an action claiming that Cingular Wireless, after its merger with AT&T, disregarded its obligations under plaintiff's phone service contract with AT&T by failing to provide adequate service coverage and requiring plaintiff to sign a different contract with defendant if he desired to get the service that AT&T had contracted to provide under the first agreement, and that Cingular misrepresented and omitted key facts about the consequence of the merger to the FCC, dismissal of the complaint is affirmed in part where: 1) "all the advantages that only the nation's largest wireless company can provide" was a vague statement and provided nothing concrete upon which plaintiff could reasonably rely; 2) plaintiff failed to allege that he actually read or heard the alleged misrepresentations; and 3) violations of the common law of unfair competition and breach of contract did not alone violate California's Unfair Competition Law. However, the dismissal is reversed in part where plaintiff's complaint sufficiently stated a claim that Cingular breached its contract with him.

(United States First Circuit) - In a dispute arising out of a merger agreement in which one party agreed to indemnify the other against a purely hypothetical tax loss, involving the issue of whether the prepayments and credits, and resulting tax refunds, affect the tax indemnification obligation of the sellers, the District Court's judgment in favor of sellers is vacated and remanded for further proceedings where; 1) the indemnification provision is ambiguous as to how the tax refunds affect the indemnification obligation of the sellers; and 2) the parties' arguments about the purpose and negotiating history of the provision cannot be resolved without the aid of a fact-finder.

The Rockies (23-10) take on the Reds (14-21) in the first of a three-game series at Coors Field on Thursday. The live stream will begin at 2 p.m. MT.

(United States Second Circuit) - Vacated and remanded. Finding NMSC did not agree to be bound to the trust agreement until it executed an amendment to the collective bargaining agreement in 2014, the delinquency policy’s interest rate did not apply.

In the first round, Mark Kiszla wants the best player available, with the most Pro Bowl potential, regardless of position, every single time. Is that the right approach?

For the third time in four years, the Broncos will open their season on “Monday Night Football.”

Apple recently updated the 13-inch MacBook Pro, and the $1,299 base model remains a popular alternative to the $999 MacBook Air. To help with your buying decision, read our comparison of the notebooks below.


The differences between the base 13-inch MacBook Pro and the MacBook Air are quite nuanced, with each notebook possessing some unique features.

What's the Same

• 13-inch Retina display with 227 pixels per inch and True Tone support


• Magic Keyboard with reliable scissor switch design


• Force Touch trackpad


• 2 × Thunderbolt 3 ports


• 3.5mm headphone jack


• 256GB of SSD storage standard, configurable up to 2TB


• Touch ID


• T2 security chip


• 720p webcam


• 802.11ac Wi-Fi, also known as Wi-Fi 5


• Bluetooth 5.0


• Three-microphone array with directional beamforming


• Dolby Atmos surround sound

Advantages of Base 13-Inch MacBook Pro

• The display supports the P3 wide color gamut for more vibrant and lifelike colors


• The display is brighter at up to 500 nits vs. 400 nits on MacBook Air


• Touch Bar


• Slightly better sounding speakers

Advantages of MacBook Air

• Up to 11 hours of battery life vs. 10 hours on base 13-inch MacBook Pro


• Weighs slightly less at 2.8 pounds vs. 3.1 pounds for base 13-inch MacBook Pro


• Faster RAM: 3733MHz LPDDR4X vs. 2133MHz LPDDR3 for base 13-inch MacBook Pro


• 6K display support vs. 5K on base 13-inch MacBook Pro

Unlike the MacBook Pro, the MacBook Air also has a gold color option.

Performance

Generally speaking, the MacBook Air remains best suited for lightweight day-to-day tasks like web browsing and creating spreadsheets, while the MacBook Pro is better equipped to handle more intensive tasks like rendering large video files. This is not only because the MacBook Pro has faster processors than the Air, but also because it has a more advanced thermal design for dissipating heat inside the computer.

While the MacBook Air has been updated with Intel's latest 10th-generation processors, the base 13-inch MacBook Pro continues to use older 8th-generation processors. However, the Air uses lower-wattage Y-series chips with lower clock speeds, so the Pro still has faster overall performance, as confirmed by benchmarks.

Geekbench 5 scores for the latest 13-inch MacBook Pro and MacBook Air configurations:

• MacBook Air / 1.1GHz dual-core Core i3: 1,002 single-core and 1,998 multi-core


• MacBook Air / 1.1GHz quad-core Core i5: 1,055 single-core and 2,645 multi-core


• MacBook Air / 1.2GHz quad-core Core i7: 1,102 single-core and 2,843 multi-core


• MacBook Pro / 1.4GHz quad-core Core i5: 927 single-core and 3,822 multi-core


• MacBook Pro / 1.7GHz quad-core Core i7: 1,036 single-core and 3,909 multi-core

Takeaways:

• The base model 13-inch MacBook Pro for $1,299 has up to 91 percent faster multi-core performance than the base model MacBook Air for $999


• If considering the MacBook Air, upgrading to the quad-core Core i5 option is well worth the extra $100, as it is up to 32 percent faster than the base model and more closely rivals the base 13-inch MacBook Pro

Geekbench 5 scores are calibrated against a baseline score of 1,000, which is the score of an Intel Core i3-8100. Higher scores are better, with double the score indicating double the performance. Compare with other Mac benchmarks here.

Bottom Line

If you value portability and up to an extra hour of battery life, and are willing to sacrifice some performance, the MacBook Air is a relatively good value. Just remember to consider spending an extra $100 on the quad-core Core i5 processor option, as the $999 base model is equipped with a particularly sluggish dual-core processor.

For more intensive tasks, the 13-inch MacBook Pro's faster processors and more advanced thermal design will allow you to push the limits more without the fans running obnoxiously. You'll also get the Touch Bar, a brighter and more vibrant display, and slightly better sounding speakers with high dynamic range.
This article, "Base 13-Inch MacBook Pro vs. MacBook Air" first appeared on MacRumors.com

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Chris Hedges speaks the truth about American politics while Robert Reich shows that he is still an establishment Democrat after all, like Bernie Sanders. Continue reading →

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This paper argues that testing participation –and not testing capacity–is the biggest obstacle to a successful “test and isolate”-strategy, as recently proposed by Paul Romer. If ????0=2.5,at least 60percentof a population needs to participate in a testing program to make it theoretically possible to achieve an effective reproduction rate for the whole population,????'', below 1. […]

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