SCO didn't say "You know what you did". Instead, it said "We'd love to tell you what you did, but our contractual obligations with third parties legally prevents us from telling you. So sorry, but our hands are tied". Not that I'm defending SCO, it's just that their excuse was both more entertaining and more infuriating than a simply "you know what you did".
Assuming, for the sake of the argument, that people like Mike are secretly being paid by lawyers to express the opinions of those lawyers, how exactly should that sort of thing be caught? If a non-lawyer is expressing lots of specific legal opinions about specific cases, a DA or AG should subpoena their communications and/or finances to see if they are in fact being secretly paid? Get a warrant to tap their communications? What?
but slanted language about the suit and/or the parties crosses over into legal opinions which require due diligence that is not performed by outsiders.
Do you mean that, as far as bar ethics is concerned, it counts as legal advice, like a lawyer would give to his or her client? (In which case a non-lawyer publicly writing the same opinions would be guilty of practicing without a license)
Or do you mean that bar ethics recognizes a "legal opinion" which isn't given to a client, to a member of a legal action, or to the court, but the bar still requires a lawyer to perform due diligence? If you mean the latter, can you cite the particular bar ethics rules you think apply?
First off, I wasn't naming any specific lawyers. This seems to be an attempt to literally put words in my mouth.
I was only mentioning them as counter examples. I didn't mean to imply that they were among the lawyers you were talking about, or that the particular case was one you were talking about.
Explaining what both sides are trying to accomplish is one thing, but slanted language about the suit and/or the parties crosses over into legal opinions which require due diligence that is not performed by outsiders.
Both the lawyers I provided as examples have provided plenty of slanted language about the cases AND lawyers, and Doucette has even repeatedly stated that one of the lawyers is guilty of malpractice. And, again, Doucette has provided the address for his state's bar whenever anyone has claimed that he's violated bar ethics, inviting them to file a complaint against him.
and is SO concerned about litigants, specific cases, all stuff of interest to LAWYERS who are restricted by bar ethics from saying things that "journalists" can because they don't have law licenses to protect.
What bar ethics rules are you talking about, specifically? On Twitter I've seen two lawyers, T. Greg Doucette and Mike Dunford, comment heavily and deeply on the Vic Mignogna defamation case. On several occasions people have speculated that Doucette might be violating bar ethics rules, in which cases he responds with the address of his state's bar association, inviting them to file a complaint about him. So, the impression I get is that, for the most part, lawyers publicly commenting on cases isn't against any bar ethics rules.
I believe that John Smith has claimed that Masnick and multiple lawyers, including Ken White, are engaged in a conspiracy to... something or other, so he might be implying that them having very similar points of view is evidence of that conspiracy. A conspiracy to what, exactly? Well, according to John Smith, he's still in the process of getting all his ducks in a row, crossing all his T's and dotting his I's, and so on, so that when finally reveals all he'll be 100% certain of winning any defamation cases against him. I think he's been claiming this for a least a year now.
He's also recently claimed to have inside information that Masnick, White and co-conspirators are already under investigation by the Feds.
But most of the statements are clearly reporting on the statements that others made,
Having read the complaint, it seems to be saying that not only are the sources Politico used dirty rotten liars, Politico knows they're dirty rotten liars, so using them as their sole sources counts as a reckless disregard for the truth, and is hence actual malice.
Re: Re: Re: Just because they can, doesn't make doing smart
Arrogance and ego are the first ideas that comes to mind, someone who doesn't just think they can improve the site but knows how to make the site 'better', and are so sure that they are correct that they can't be bothered to actually look into why the site may be popular or why their changes might be driving staff/readers away.
A possible scenario: the hospital has two different phone messaging systems, one old, one new, which have different series of button presses to do the same thing. An employee who has to use both systems used the old one while thinking it was the new one, entered the wrong series of button presses, and created this disaster.
According to him common law is "the ancient traditions of We the People". Also according to him court cases that are based upon common law only rarely cite common law. So, yeah.
Hi I live in Australia and have seen the incredible damage these protesters are doing. No wonder the farmers want them off their farms. ... These laws although may be oppressive in a lot more places are needed to corrall these twits and take them out of the way of farmers quickly.
There's already trespassing laws to handle that.
And punish them for damage done without taking time and money from the farmers.
And also already laws to deal with vandalism and/or destruction of property.
Re: Re: Re: Re: It's almost as if cancel culture is bad
I'm not agreeing with Zof, merely trying to explain what I THINK he's trying to say. So, first, cancel culture:
A modern internet phenomenon where a person is ejected from influence or fame by questionable actions. It is caused by a critical mass of people who are quick to judge and slow to question. It is commonly caused by an accusation, whether that accusation has merit or not. [emphasis added] It is a direct result of the ignorance of people caused communication technologies outpacing the growth in available knowledge of a person.
So, I THINK what Zof is saying is that when famous men get accused of rape, women on social media dogpile on that man and believe the accusation without listening to his side of the story, thus unfairly ruining his reputation and career. Thus, women getting their accounts banned merely on the say-so of a man, without the possibility of appeal, it's just those women getting a taste of their own medicine.
Re: Re: Tech Dirt Stands Solidly Against Free Speech
And when you wrote negative articles about Hillary, people would complain "Why are bringing up Hillary while ignoring [fill in the blank]?" Never changes.
On the post: Teespring Takes Down Our Copying Is Not Theft Gear, Refuses To Say Why
Re: Re: "You know what you did"
SCO didn't say "You know what you did". Instead, it said "We'd love to tell you what you did, but our contractual obligations with third parties legally prevents us from telling you. So sorry, but our hands are tied". Not that I'm defending SCO, it's just that their excuse was both more entertaining and more infuriating than a simply "you know what you did".
On the post: Why Won't Creative Future's Members Comment About This Hollywood Front Group Smearing A Well Respected Law Professor?
Assuming, for the sake of the argument, that people like Mike are secretly being paid by lawyers to express the opinions of those lawyers, how exactly should that sort of thing be caught? If a non-lawyer is expressing lots of specific legal opinions about specific cases, a DA or AG should subpoena their communications and/or finances to see if they are in fact being secretly paid? Get a warrant to tap their communications? What?
On the post: Why Won't Creative Future's Members Comment About This Hollywood Front Group Smearing A Well Respected Law Professor?
Re: Re: Bar ethics rules?
Also:
Do you mean that, as far as bar ethics is concerned, it counts as legal advice, like a lawyer would give to his or her client? (In which case a non-lawyer publicly writing the same opinions would be guilty of practicing without a license)
Or do you mean that bar ethics recognizes a "legal opinion" which isn't given to a client, to a member of a legal action, or to the court, but the bar still requires a lawyer to perform due diligence? If you mean the latter, can you cite the particular bar ethics rules you think apply?
On the post: Why Won't Creative Future's Members Comment About This Hollywood Front Group Smearing A Well Respected Law Professor?
Re: Re: Bar ethics rules?
I was only mentioning them as counter examples. I didn't mean to imply that they were among the lawyers you were talking about, or that the particular case was one you were talking about.
Both the lawyers I provided as examples have provided plenty of slanted language about the cases AND lawyers, and Doucette has even repeatedly stated that one of the lawyers is guilty of malpractice. And, again, Doucette has provided the address for his state's bar whenever anyone has claimed that he's violated bar ethics, inviting them to file a complaint against him.
On the post: Why Won't Creative Future's Members Comment About This Hollywood Front Group Smearing A Well Respected Law Professor?
Bar ethics rules?
What bar ethics rules are you talking about, specifically? On Twitter I've seen two lawyers, T. Greg Doucette and Mike Dunford, comment heavily and deeply on the Vic Mignogna defamation case. On several occasions people have speculated that Doucette might be violating bar ethics rules, in which cases he responds with the address of his state's bar association, inviting them to file a complaint about him. So, the impression I get is that, for the most part, lawyers publicly commenting on cases isn't against any bar ethics rules.
On the post: Alexander Vindman Now Threatens Bogus SLAPP Suit Against Fox News & Laura Ingraham
Re:
I believe that John Smith has claimed that Masnick and multiple lawyers, including Ken White, are engaged in a conspiracy to... something or other, so he might be implying that them having very similar points of view is evidence of that conspiracy. A conspiracy to what, exactly? Well, according to John Smith, he's still in the process of getting all his ducks in a row, crossing all his T's and dotting his I's, and so on, so that when finally reveals all he'll be 100% certain of winning any defamation cases against him. I think he's been claiming this for a least a year now.
He's also recently claimed to have inside information that Masnick, White and co-conspirators are already under investigation by the Feds.
On the post: Former Devin Nunes' Aide Uses Nunes' Lawyer To File SLAPP Suit Against Politico
Having read the complaint, it seems to be saying that not only are the sources Politico used dirty rotten liars, Politico knows they're dirty rotten liars, so using them as their sole sources counts as a reckless disregard for the truth, and is hence actual malice.
On the post: Deadspin Is Being Burnt To The Ground By Its New Management As Staff Quits Or Revolts
Re: Re: Re: Just because they can, doesn't make doing smart
Executive Meddling
On the post: Sometimes The Cost Of Revenue Is Too High: Twitter Bans Political Ads As Facebook Deals With Ongoing Shitshow
Re:
Since Twitter isn't receiving money for it, it isn't.
On the post: Bringing Free Speech Back: Trump Promises To Sue CNN Over Its Biased Coverage Based On Dumbest Legal Theory Ever
It still leaves open the possibility of suing under "other applicable laws":
On the post: UK Hospital Somehow Manages To Turn A Patient's Private Message Into Its Voicemail Greeting
Re:
A possible scenario: the hospital has two different phone messaging systems, one old, one new, which have different series of button presses to do the same thing. An employee who has to use both systems used the old one while thinking it was the new one, entered the wrong series of button presses, and created this disaster.
On the post: Canadian Broadcasting Company Hits Conservative Party With Questionable Copyright Infringement Lawsuit
Re: Common law prevails over even so large as CBC!
No, it's called common law because was common across all of the king's courts in England.
On the post: The Ellen Show Issues Copyright Takedown On Transformative Video Commenting On Her Friendship With President Bush
Re: Re: Re: Re: Re: Re:
So after OJ Simpson was acquitted he could have sued everyone who still called him a murderer?
On the post: Ridiculous: Judge Says Devin Nunes' SLAPP Suit Against An Internet Cow And Others Can Continue
More fun from the history books:
Rep. Nunes drops lawsuit against constituents who called him 'fake farmer'
On the post: NY Times Opinion Section Gets CDA 230 Wrong AGAIN!
Re: Re: WTF are you on, and can I have some?
Oops, that should be "only rarely source common law".
On the post: NY Times Opinion Section Gets CDA 230 Wrong AGAIN!
Re: WTF are you on, and can I have some?
According to him common law is "the ancient traditions of We the People". Also according to him court cases that are based upon common law only rarely cite common law. So, yeah.
On the post: Australian State's Proposed Ag-Gag Law Threatens General Right To Protest, Critics Warn
Re: Punish them
There's already trespassing laws to handle that.
And also already laws to deal with vandalism and/or destruction of property.
On the post: Lawsuit: School Strip-Searched An 8-Year-Old Because Someone Found Feces On A Bathroom Floor
Re: You would be pissed off too
If he had diarrhea, he likely couldn't hold it in.
On the post: Jerks 'Reporting' Women Who Swipe Left On Them In Tinder, Once Again Highlighting How Content Moderation Gets Abused
Re: Re: Re: Re: It's almost as if cancel culture is bad
I'm not agreeing with Zof, merely trying to explain what I THINK he's trying to say. So, first, cancel culture:
So, I THINK what Zof is saying is that when famous men get accused of rape, women on social media dogpile on that man and believe the accusation without listening to his side of the story, thus unfairly ruining his reputation and career. Thus, women getting their accounts banned merely on the say-so of a man, without the possibility of appeal, it's just those women getting a taste of their own medicine.
On the post: Another Day, Another Major Disinformation Effort Facebook Thinks Is Ok
Re: Re: Tech Dirt Stands Solidly Against Free Speech
And when you wrote negative articles about Hillary, people would complain "Why are bringing up Hillary while ignoring [fill in the blank]?" Never changes.
Next >>