Let me guess, you're the plaintiff's attorney who represented Phyllis A. Engleson in the case I cited above. I can hear your arguments now...
"It's fine to say that general laws about open and obvious dangers are enough - but how do you know when a warning cone is truly a warning of its own imminent danger?"
"But Australia apparently doesn't have an option for such "mature" content..."
So mature games cannot be sold in Australia. So are games such as Grand Theft Auto edited to fit the law? And if such games are so edited, what's the point in playing them?
The opinion does not say. Which is not surprising because, under the open and obvious doctrine, the seriousness of the injury simply does not matter. The open and obvious doctrine only attacks the argument that there was some duty, in this instance, a duty to warn.
Of course the plaintiff's argument that the city needed to warn her of a warning cone is pretty hilarious.
Associated Press, 1930: Galvin Manufacturing Corporation was sued today by a woman who claimed that the corporation should have warned drivers that its newfangled "car radio" could distract drivers which could lead to serious accidents.
Judge Ima Idiot, who thought this new "car radio" technology was "of the devil, because it did not exist when I was a kid," agreed with the plaintiff Anita Someonetoblame and awarded 10 bucks. Which incidentally, would be worth $40 billion when adjusted into dollars for the year 2009.
I've got a worse one. A lady tripped and fell on one of those orange warning cones and attempted to sue. The United States District Court For The District Of Minnesota agred with the lower court and held that warning cones are per se open and obvious and dismissed her case.
The Court finds that the orange traffic cones were open and obvious as a matter of law because they were placed on the streets and in fact visible. Indeed, the cones are bright orange in order to make them obvious. Moreover, the Court also finds that the Defendants could not have anticipated harm from the cones because traffic cones are, themselves, warning markers. Therefore, the Defendants had no duty to warn of their existence. Defendants are entitled to summary judgment on this claim.
Phyllis A. Engleson, Plaintiff, v. Little Falls Area Chamber of Commerce, Civil No. 01-1072 (DWF/RLE).
I think you're making some valid arguments against the Kindle which were never raised in Alan Kaufman's bizarre screed.
Alan Kaufman's screed was purely ad hominem. Nazi's used technology for nefarious purposes, therefore all technology is used for nefarious purposes... even the use of space heaters. Which he contradicts himself by posting his screed on the internet so everyone can easily read it.
Which is exactly what Google is trying to do. Making it easier to find information in books, not destroy books. Which is what Amazon is trying to do, making it easier to find, buy, and transport books, not trying to destroy its cash cow.
Imagine if Alan Kaufman had argued that 2+2=4 solely because his farts make it so. The fact that he was utterly correct that 2+2=4, it does not make his insane augment any more valid.
In other words, the Kindle may be an awful product, but you'll never know it after reading Kaufman's screed.
"many musicians actually got their start as buskers"
The Violent Femmes got their start busking in Milwaukee. That's where they were discovered by the guitarist of the Pretenders. Chrissie Hynde invited them to perform an acoustic set before her show and the rest, as they say, is history.
I love the email stating that the list is copyrighted. You know our copyright system is screwed up when a mere list of prices can somehow be considered copyrighted.
If she has shoplifted either the DVD or Blu-ray the most she would have faced would have been a misdemeanor and she never would have spent any time in jail.
I've said it before, copyright enforcement is the new war on drugs.
This ridiculous "fairness" is the problem with "real" journalism. To be fair both sides are presented as equals in every situation, no matter how unwarranted one side might have been.
There was a reason the Birther's movement was in the news for so long and it had nothing to do with any real evidence in support of it. But to be fair, their side was repeatedly presented by the mainstream media nonetheless.
"Tracking the transactions isn't that much of a problem, since the documentation that is required to prove the authenticity of the artworks (and their chain of custody) is already such an ingrained part of the art market."
Very interesting. But that ignores the fact that there is a huge black market for art.
I realize you said that as a joke. But let's imagine you do buy a painting for $1,000 bucks. You're able to find someone to buy it for $500. He decides to sell it for $200. Exactly why in the frick should the artist get a percentage of that sale, when the seller lost $300 bucks on the deal?
Who in the frick will keep track of all these transactions?!
I'm imagining yet another collection society which will collect transaction fees for each resale. Of course the soceity will keep a portion for itself, to cover costs and salaries, right?
A mandatory system will need to be setup for the reselling of art pieces. It will be a felony for any Australian to sell or buy art outside the system.
Small time artist will not be paid out what is collected by the society. They will be told that in order to collect they must become famous artists first. Defeating the entire purpose of the law in the first place.
And of course it will be only a matter of time before schools, hotels, and individuals will be sued for displaying art without paying the collection society. Police powers will have to be given to the society so it can send agents into homes and businesses to ensure compliance. A telephone hotline will be set up so that employees can rat out their bosses for hanging art without an approved society license.
On the post: Woman Sues Sprint Over Driving While Yakking Death
Re:
On the post: Game Developer Won't Edit 'Aliens vs. Predator' To Appease Australian Censors
So mature games cannot be sold in Australia. So are games such as Grand Theft Auto edited to fit the law? And if such games are so edited, what's the point in playing them?
On the post: Woman Sues Sprint Over Driving While Yakking Death
Re: Re: Re: Like the chic
Of course the plaintiff's argument that the city needed to warn her of a warning cone is pretty hilarious.
On the post: Woman Sues Sprint Over Driving While Yakking Death
Made up news from the past....
Judge Ima Idiot, who thought this new "car radio" technology was "of the devil, because it did not exist when I was a kid," agreed with the plaintiff Anita Someonetoblame and awarded 10 bucks. Which incidentally, would be worth $40 billion when adjusted into dollars for the year 2009.
On the post: Woman Sues Sprint Over Driving While Yakking Death
Re: Like the chic
Phyllis A. Engleson, Plaintiff, v. Little Falls Area Chamber of Commerce, Civil No. 01-1072 (DWF/RLE).
On the post: Disney CEO: I Can't Figure Out Ways To Adapt My Business, So I Need Government Protection
Mmmmm... when I think about the phrase "stealing intellectual property" I think...
It's not theft, it's infringement.
It's not property, it's a government granted monopoly.
And if it's from Disney, it's certainly not intellectual.
On the post: Music Publishers Lawsuit Against Yahoo, Microsoft, Real Tossed For Failing To Prove They Hold Copyrights
Frying pan...
Plaintiff's Motion to Amend Complaint is DENIED.
...fire.
On the post: Accidental Download Leading To Prison Sentence?
So in my state a guy was convicted of producing child porn merely because he backed up his collection for his own personal use.
To me someone who produces porn is the guy who takes the pictures of the boys and girls, or at least is the guy who sets up the photo shoot.
If merely burning content to a CD makes you a producer of that material, then I guess I'm the producer of the Beatles' White Album.
On the post: Novelist And Poet Says Google Books And The Kindle Are 'Nazi' Technology
Re:
I think you're making some valid arguments against the Kindle which were never raised in Alan Kaufman's bizarre screed.
Alan Kaufman's screed was purely ad hominem. Nazi's used technology for nefarious purposes, therefore all technology is used for nefarious purposes... even the use of space heaters. Which he contradicts himself by posting his screed on the internet so everyone can easily read it.
Which is exactly what Google is trying to do. Making it easier to find information in books, not destroy books. Which is what Amazon is trying to do, making it easier to find, buy, and transport books, not trying to destroy its cash cow.
Imagine if Alan Kaufman had argued that 2+2=4 solely because his farts make it so. The fact that he was utterly correct that 2+2=4, it does not make his insane augment any more valid.
In other words, the Kindle may be an awful product, but you'll never know it after reading Kaufman's screed.
On the post: Novelist And Poet Says Google Books And The Kindle Are 'Nazi' Technology
On the post: SOCAN Wants To Charge Buskers Performance Fees
Re: probably something to do with the olympics
Or maybe they want to force the buskers out to keep them from harassing the tourists.
On the post: SOCAN Wants To Charge Buskers Performance Fees
The Violent Femmes got their start busking in Milwaukee. That's where they were discovered by the guitarist of the Pretenders. Chrissie Hynde invited them to perform an acoustic set before her show and the rest, as they say, is history.
On the post: Yahoo Doesn't Want You To Know Its Spying Price List; Issues DMCA Takedown
On the post: Woman Filming Parts Of Sister's Birthday Party At Theater, Charged With Felony Movie Copying
I've said it before, copyright enforcement is the new war on drugs.
On the post: Yes, We Can Write Our Opinions Without Contacting The Company We're Writing About First
There was a reason the Birther's movement was in the news for so long and it had nothing to do with any real evidence in support of it. But to be fair, their side was repeatedly presented by the mainstream media nonetheless.
On the post: Australia Moves Forward With (Weakened) System To Have Artists Paid Multiple Times For Same Artwork
Re:
Very interesting. But that ignores the fact that there is a huge black market for art.
On the post: Sens. Feinstein And Durbin Specifically Try To Carve Citizen Journalists Out Of Shield Law
To protect journalists employed by corporations which make large campaign donations.
Why would Senators Feinstein and Durbin be so against protecting the process of journalism?
Obviously Feinstein and Durbin do not give a rat's ass about protecting journalism, only about protecting the business of journalism.
On the post: Australia Moves Forward With (Weakened) System To Have Artists Paid Multiple Times For Same Artwork
Re:
On the post: Australia Moves Forward With (Weakened) System To Have Artists Paid Multiple Times For Same Artwork
I'm imagining yet another collection society which will collect transaction fees for each resale. Of course the soceity will keep a portion for itself, to cover costs and salaries, right?
A mandatory system will need to be setup for the reselling of art pieces. It will be a felony for any Australian to sell or buy art outside the system.
Small time artist will not be paid out what is collected by the society. They will be told that in order to collect they must become famous artists first. Defeating the entire purpose of the law in the first place.
And of course it will be only a matter of time before schools, hotels, and individuals will be sued for displaying art without paying the collection society. Police powers will have to be given to the society so it can send agents into homes and businesses to ensure compliance. A telephone hotline will be set up so that employees can rat out their bosses for hanging art without an approved society license.
On the post: Science Fiction Movie Accused Of Patent Infringement
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