This is a brilliant idea and one I absolutely support, except well.. In Australia like most places (USA as well) recipe's themselves are not actually copyrightable in the first place.
The example they are using is of a recipe from a page of Captain James Cook (approx 1778CE) . The problem is the actual recipe itself is not under any copyrights and never will be, though the rest of the page which is not a recipe is.
So the so called "infringing biscuits, cakes and marmalade" are not actually infringing in any way whatsoever. Yeah pedantry.. but when dealing with Copyright or any legislation it's all about the specifics not puffery
A contract is also bound by laws and regulations of where the contract was entered into as well.
Free Commerce is fine and good, but a contract is absolutely voidable if it goes against legislation, is of unconscionable conduct, or has de minimus consideration on one side (to name a few ways that contracts have to be compliant)
As for your hypothetical "ToS".. your ownership is either full (with all liability that comes with that knowingly and not) or nil. You cannot have it both ways,
I'm not saying facebook is in the right here, far from it. To them the real reason they want so called 'real names' is for pure marketing reasons.. how else can you market and sell marketing data unless you know exactly who person (in reality) is. Datamining lists companies will not buy anon names
Free commerce is a humpty dumpty expression, always has been. It's not a Free for all Fuck the consumer and capitalism is the only way. Though the US (or it's corporate sector) seems to want that at all costs.
for those wondering.. Queensland.. another state of Australia has BANNED the book from sale (actually all R18 Classified publications - which is basically all nudie mags other than Playboy and Penthouse) since 1991 too.
Though QLD is a strange fucking wacked out place. Sorta like Florida with bits of Texas thrown in.
These idiots do understand that by filing a covenant that they have therefore stated that there alleged trademark can no be used by anyone without licensing whatsoever and ipso facto creates an untenable trademark.
In fact the covenant by filing it could actually negate any claim to a trademark ever of this sign.
Also the standing of Kunkle isn't specifically taken away by the covenant, and the standing by any affected parties (ie: citizens of portland) is definately not affected either
It seems to me as a non US citizen that the relationship that the US State's have with Lexis is a little bit too cosy and that by Georgia stating on all their official correspondence that people must refer to the OCGA and not the actual legislation itself that exclusive dealing is occurring.
Georgia cannot have it both ways, either they allow EVERYONE free access to the OCGA or they stop stating that it is the 'official' (no matter what the legislature says) source.
In Australia for example what Georgia is doing is absolutely prohibited and called 'third line forcing'. In other words Georgia is forcing someone to acquire goods/services ONLY from Lexis or not at all. Criminal behaviour in Aust actually.
Re: Somewhere in that wall of legalisms is mention that "fair use" is complex. But was not a false takedown.
So based on your logic you should be ok with being absolutely censored or in fact better still IMHO all your writings being taken down with no oversight whatsoever on Techdirt and beyond because.. and I quote from you
And both AUSA Niketh Velamoor and the judge who signed off on it, Frank Maas, should be called to account for why they requested and approved it, respectively.
Nope they were not smirking.. in fact far from it.. The amount of phone calls made after that questioning sessions with worried looks on all pharmaceutical was a moment of lol's for anyone else in attendance..
they have sort of stepped on their own cranks with that statement, and the Tax avoidance inquiry is one that both sides of government are pushing for to find ways to actually get the tax and maybe criminally charge directors (breaching the corporate veil) as well.
These statements were not expected and came quite out of left field because they were so confidant in their responses (HA!) and it has now created a major headache for the govt and Big Pharma, and it's all of there own making!
Again.. they were not smiling one little bit, nervous with lots of calls to counsel and murmerings of OMG, WTF have we done instead :) (Aust is not same as US in political bribery/donations etc and senate at moment is VERY hostile to International businesses)
There's probably a good reason why they didn't send the first letter a day earlier.. It's probably due to the nature of the bullshit of the letter and things associated with that date, but who knows
Re: "Little else can explain" -- Okay, Masnick, explain it! You have no alternative for this complex sequence of events.
In this matter TRUMP is also a corporation you dimwit!
Free speech between two PRIVATE individuals/corporations is null and void since it does NOT exist!
There. I've had my Free Speech, and you're hosting it. Dare you to remove it. I'd rather leave it here and mock you over and over for the stupidity of it!
I'm with you (though Spirit Blooms are the bane of my existance arrrrggghh).. Luckily I refused to ever get into the grindy lag fest full of out of region fucks that is the Crucible (or Iron Banner)
What am I doing now? Either playing Witcher, or Planetside 2 which if you own a PS4 is freakin amazing and basically a cross between Battlefield, Destiny, Halo, and Dust. oh and Free 2 Play as well.
Re: Re: Re: Re: Re: Re: Travel bans for Australian citizens
No... you need to be a dual national with the ALLEGATION of 'terrorist related offenses' placed against you and the Minister can then on their whim remove your Australian Citizenship.
The proposed legislation requires No conviction, nor judicial oversight. It will INSTANTLY meet with a High Court Challenge and the law will be repealed. The Govt knows this, Ministers within the Govt have already leaked there horror about the proposals (Mostly ones who have been practicing solicitors).
As for the current law. YES it has been enacted a fair few times, just no convictions using it since the courts here do NOT kowtow to govt bullshit propaganda or wishes.
All three of your paragraphs are so wrong that the wrongness is incredible.
In fact what you've just said in ALL THREE of your paragraphs is one of the most insanely idiotic and wrong things I have ever heard. At no point in your rambling, incoherent responses were you even close to anything that could be considered a rational thought or even correct. Everyone in this thread is now dumber for having listened to it...
On the post: Australian Librarians Start 'Cooking For Copyright' Campaign To Change Law For Unpublished Works
The example they are using is of a recipe from a page of Captain James Cook (approx 1778CE) . The problem is the actual recipe itself is not under any copyrights and never will be, though the rest of the page which is not a recipe is.
So the so called "infringing biscuits, cakes and marmalade" are not actually infringing in any way whatsoever. Yeah pedantry.. but when dealing with Copyright or any legislation it's all about the specifics not puffery
On the post: Everyone's A Bad Guy: German Regulator Orders Facebook To Drop Its Stupid 'Real Name' Policy
Re: A contract.
Free Commerce is fine and good, but a contract is absolutely voidable if it goes against legislation, is of unconscionable conduct, or has de minimus consideration on one side (to name a few ways that contracts have to be compliant)
As for your hypothetical "ToS".. your ownership is either full (with all liability that comes with that knowingly and not) or nil. You cannot have it both ways,
I'm not saying facebook is in the right here, far from it. To them the real reason they want so called 'real names' is for pure marketing reasons.. how else can you market and sell marketing data unless you know exactly who person (in reality) is. Datamining lists companies will not buy anon names
Free commerce is a humpty dumpty expression, always has been. It's not a Free for all Fuck the consumer and capitalism is the only way. Though the US (or it's corporate sector) seems to want that at all costs.
On the post: Australian Police Raid Bookseller Over Copies Of A Book First Published 24 Years Ago
Though QLD is a strange fucking wacked out place. Sorta like Florida with bits of Texas thrown in.
On the post: Happy Birthday Copyright Bombshell: New Evidence Warner Music Previously Hid Shows Song Is Public Domain
Re:
how exciting for you
On the post: Happy Birthday Copyright Bombshell: New Evidence Warner Music Previously Hid Shows Song Is Public Domain
Re: Re: This matters
On the post: Portland City Officials Agree Not To Sue Over Portland Oregon Sign To Keep Court From Ruling On Trademark
Re: Re:
Equity becomes a major problem then.
On the post: Portland City Officials Agree Not To Sue Over Portland Oregon Sign To Keep Court From Ruling On Trademark
Re:
[stupid non editable klunky td interface.. I blame Tim.. either one.. doesn't matter :) ]
On the post: Portland City Officials Agree Not To Sue Over Portland Oregon Sign To Keep Court From Ruling On Trademark
In fact the covenant by filing it could actually negate any claim to a trademark ever of this sign.
Also the standing of Kunkle isn't specifically taken away by the covenant, and the standing by any affected parties (ie: citizens of portland) is definately not affected either
On the post: Yeah, Russia Probably Forged A Weapons Cache Supposedly From The US Using A Video Game To Model The Weapons
LOL!
On the post: Even If The State Of Georgia Can Copyright Legal Annotations, Should It?
Re:
Georgia cannot have it both ways, either they allow EVERYONE free access to the OCGA or they stop stating that it is the 'official' (no matter what the legislature says) source.
In Australia for example what Georgia is doing is absolutely prohibited and called 'third line forcing'. In other words Georgia is forcing someone to acquire goods/services ONLY from Lexis or not at all. Criminal behaviour in Aust actually.
On the post: Dancing Babies, The DMCA, Fair Use And Whether Companies Should Pay For Bogus Takedowns
Re: Somewhere in that wall of legalisms is mention that "fair use" is complex. But was not a false takedown.
"NOTHING important said."
awesome!
On the post: DOJ's Gag Order Request On Reason Was As Ridiculous As You'd Expect
Woodchippers at dawn! perhaps?
On the post: Corruption Watch: State Attorneys General Line Up Behind Jim Hood, Support Power To Attack Enemies Of Big Corporate Donors
"Bwaaaa... Bwaaaa.... We don't want judicial oversight or due process to affect us... Bwaaaaaaa"
On the post: Bosses Of Big Pharma Companies Unable To Deny Australia Being Ripped Off On Drug Costs
Re: "And what are you going to do about it?"
they have sort of stepped on their own cranks with that statement, and the Tax avoidance inquiry is one that both sides of government are pushing for to find ways to actually get the tax and maybe criminally charge directors (breaching the corporate veil) as well.
These statements were not expected and came quite out of left field because they were so confidant in their responses (HA!) and it has now created a major headache for the govt and Big Pharma, and it's all of there own making!
Again.. they were not smiling one little bit, nervous with lots of calls to counsel and murmerings of OMG, WTF have we done instead :) (Aust is not same as US in political bribery/donations etc and senate at moment is VERY hostile to International businesses)
On the post: Lionsgate Sues TD Ameritrade For Seven Figures Over Lame Reference To A Dirty Dancing Line
April 2nd
On the post: Donald Trump's Lawsuit Against Univision Is Absolutely Hilarious
Re: "Little else can explain" -- Okay, Masnick, explain it! You have no alternative for this complex sequence of events.
Free speech between two PRIVATE individuals/corporations is null and void since it does NOT exist!
There. I've had my Free Speech, and you're hosting it. Dare you to remove it.
I'd rather leave it here and mock you over and over for the stupidity of it!
On the post: Donald Trump's Lawsuit Against Univision Is Absolutely Hilarious
Re: Re: Re: Re: Re: Defamation insane, breach of contract, probably not so much...
On the post: With New Destiny DLC, Bungie Gives A Master Class In How To Alienate And Annoy Paying Fans
Re: Re:
What am I doing now? Either playing Witcher, or Planetside 2 which if you own a PS4 is freakin amazing and basically a cross between Battlefield, Destiny, Halo, and Dust. oh and Free 2 Play as well.
On the post: Australia's New Law Would Strip Citizenship For Possessing A 'Thing' Connected With Terrorism, Or Whistleblowing
Re: Re: Re: Re: Re: Re: Travel bans for Australian citizens
The proposed legislation requires No conviction, nor judicial oversight. It will INSTANTLY meet with a High Court Challenge and the law will be repealed. The Govt knows this, Ministers within the Govt have already leaked there horror about the proposals (Mostly ones who have been practicing solicitors).
As for the current law. YES it has been enacted a fair few times, just no convictions using it since the courts here do NOT kowtow to govt bullshit propaganda or wishes.
On the post: Australia's New Law Would Strip Citizenship For Possessing A 'Thing' Connected With Terrorism, Or Whistleblowing
Re:
In fact what you've just said in ALL THREE of your paragraphs is one of the most insanely idiotic and wrong things I have ever heard. At no point in your rambling, incoherent responses were you even close to anything that could be considered a rational thought or even correct. Everyone in this thread is now dumber for having listened to it...
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