The diference between "spun off" and "consolidation"…
…is partly what the judge is looking at.
These two actions are opposites.
OTF was not formed by consolidating two or more of the broadcasters, thus is not covered by the chapter;
because it names and covers broadcasting grantees.
OTF fell out from under that chapter when it spun off
and was also not a broadcaster when it was created.
…but only the most unscrupulous lawyers try to trick a
court into turning it into prior restraint decades later
by trying to reinterpret it as a lifetime ban on future
speech in the absence of explicit wording making it apply
for the lifetime of the speaker.
As no court will go along with such a ploy without that
specific wording [or words to that effect] agreed to at
that time, the lawyers gamble on finding a pro-Trump judge
to buy time until a appeals sets things right again.
Everything about this case indicates a plan to delay until
they lose, hopefully long enough for the election.
If it becomes obvious, those lawyers would be in trouble;
so expect them to "no comment" whenever confronted on that.
…that a confidentiality agreement over the fight around
a will and it's eventual settlement could be stretched to
cover all or even most of what happened in the many
decades since it was signed.
The criminal side of the family might be able to buy an
army of lawyers to say that the side of the family they
robbed were permanently gagged out of the family too;
but they can't expect to get it past all the judges.
It is most likely they have Striesanded the book to the
top of the charts and delayed it just long enough to tank
the election as much as possible. The timing suggests
that Mary is from the smarter side of the family. ; ]
If so, all the other legs of the platform
are already in place; because they already
have vast resources to serve up those updates,
China does have the legal authority to order
them to add encrypted exfiltration to their
hardware and the family who owns Huawei are
loyal plutarchs in a nation which reserves
the power to arbitrarily take away all that
they have and tuck them away in "re-education"
camps for life, which would likely be short.
It doesn't matter they are not doing it now.
When told to start spying they cannot resist.
What we can do is ensure Huawei deposits all
the firmware and source code with a trusted
third party like a multinational auditing firm
and ensure all updates on critical infrastructure
must be performed manually if at all. With the
Communist Party locked out of that loop, we can
trust the equipment.
Silly boy! You don't get to define an effect and then slap your own name on it!
If an effect comes apparent and we remember you, that's when we coin a mnemomic.
Then, and only then, "The Geigner Effect" comes into use, and you won't own it.
</Smack!>
[ Besides, we're still waiting to see if you get dragged away by the Secret Police,
because that effect would be much more precisely measurable as well as memorable! ; ]
Re: Re: The solution is as obvious as it it simple.
"If there was such a system then all YouTubers would
attach these notices to all of their videos and the entire
copyright enforcement mechanism becomes manual. "
Actually, no. Because it would be an optional, manual
process to fill out such a form, relatively few would use it.
The result is the system becomes even more automated in the
cases where a bogus or malicious attempt is made on a video,
and even in the few cases where a legitimate complaint is met
by a legitimate counterclaim, Youtube need not get involved
until one or the other prevails or is abandoned by the usual
timeouts. Your hypothetical result fails on the assumption
that everybody is as smart or involved as we are.
"To fix this YouTube needs to issue warnings...
...complainant is barred from future complaints."
Unfortunately, all of those changes would require changes in the
laws underlying the whole procedure. Youtube could do preemptive
counternotices in full compliance with the law because it's their
website and the sequence of events is both sped up with automation
of the counternotive and appeal process and relieves then of direct
involvement by moderators until that additional layer of automation
has played out, likely quashing lots of bogus takedown attempts and
discouraging many more attempts.
Censorship by abusing Youtube's process would be severely curtailed.
That's a win-win for everybody but the scammers. ; ]
Youtube should allow uploaders to fill in a preemptive counternotice
against all complaints or ContentID hits. ContentID is then blocked
from all automated actions.
Any persons complaining are automatically sent the counternotice and
must acknowledge receipt of the notice with a proper explanation why
they disagree with it before a moderator may do anything like a
takedown or demonetization.
The uploader's declaration exempts that upload from mass censorship,
forces all complainants to acknowledge the uploader's declaration on
that upload and then they must negotiate with the uploader directly.
Youtube is shielded from liability, free to move on to other things.
That saves Youtube both automatic and manual effort on any upload
the creator wished to protect from inept or malicious inerference.
The savings in time/conflict would be quite huge for Youtube alone.
The only argument that shuts these guys up is right here:
Weaken encryption in the U.S. and all exports of software
and network-related technology "made in U.S.A." will dry up.
Everybody (Americans included) will shop elsewhere for tech.
That's trillions of dollars in new trade deficits, hundreds
of billions in lost profits to tech industries and tens of
billions in lost taxes every year until a new administration
undoes the damage and stops the bleeding.
Arguing about security and rights of the American people has
no effect on these clowns because they hold the public in
contempt and always will. Show them what effect their dumb-
ass meddling will do to their billionaire friends and corporate
backers and they'll quietly let the issue die off without ever
having to admit why it was a stupid idea to start with.
Having admitted on the public record that he can do without
those files at the moment and with the court having found that
no legitimate investigation, thus no lawful use for the files,
the reporter, her publisher and national representatives of the
Australian press can apply to have the court take custody and
force the AFP to apply for access before touching them again.
That press coalition is then in a position to oppose such an
application in open court, thus discouraging the government from
misusing the files in secret; likely their intent all along.
This also gives Australians more time to pass laws to protect
the press and their legitimate sources.
Having admitted on the public record that he can do without
those files at the moment and with the court having found
no legitimate investigation, thus no lawful use for the files,
the reporter, her publisher and national representatives of the
Australian press can apply to have the court take custody and
force the AFP to apply for access before touching them again.
That press coalition is then in a position to oppose such an
application in open court, thus discouraging the government from
misusing the files in secret; likely their intent all along.
This also gives Australians more time to pass laws to protect
the press and their legitimate sources.
No doubt the Police will not want to piss off the Boss. ; ]
As the Governor's executive order is effective permission
by the Head of Government in person, no less:
Wearing a mask in compliance with that order is
unambiguously compliant with Penal Law § 240.35(4),
especially as the intent is obviously not to form a "mob."
On the post: Stone Brewing, One-Time Battlers Of 'Big Beer', Out Here Trying To Cancel Non-Confusing Trademarks
Why hasn't Stone sued before?
Umm… "One BILLION dollars!" (Muahahaaaah!) ; ]
On the post: Court Tells Trumpian Head Of US Agency For Global Media That He Can't Fire People From The Open Tech Fund (At Least For Now)
The diference between "spun off" and "consolidation"…
…is partly what the judge is looking at.
These two actions are opposites.
OTF was not formed by consolidating two or more of the broadcasters, thus is not covered by the chapter;
because it names and covers broadcasting grantees.
OTF fell out from under that chapter when it spun off
and was also not a broadcaster when it was created.
On the post: Court Tells Trumpian Head Of US Agency For Global Media That He Can't Fire People From The Open Tech Fund (At Least For Now)
The diference between "spun off" and "consolidation"…
On the post: NY Judge Apparently Unaware Of The Supreme Court's Ban On Prior Restraint: Puts Temporary Restraining Order On Trump's Niece's Book
And such explicit restraint…
…would also require explicit bans against speaking of
future events and relationships which had not yet
occurred or existed at the time of signing.
Needless to say, such stipulations are quite rare.
P.S: Tell Pyanfar that Brother Aaron, her favourite
Paladin, is still purring when he thinks of her. ; ]
On the post: NY Judge Apparently Unaware Of The Supreme Court's Ban On Prior Restraint: Puts Temporary Restraining Order On Trump's Niece's Book
That may apply to THAT time…
…but only the most unscrupulous lawyers try to trick a
court into turning it into prior restraint decades later
by trying to reinterpret it as a lifetime ban on future
speech in the absence of explicit wording making it apply
for the lifetime of the speaker.
As no court will go along with such a ploy without that
specific wording [or words to that effect] agreed to at
that time, the lawyers gamble on finding a pro-Trump judge
to buy time until a appeals sets things right again.
Everything about this case indicates a plan to delay until
they lose, hopefully long enough for the election.
If it becomes obvious, those lawyers would be in trouble;
so expect them to "no comment" whenever confronted on that.
On the post: NY Judge Apparently Unaware Of The Supreme Court's Ban On Prior Restraint: Puts Temporary Restraining Order On Trump's Niece's Book
I find it highly unlikely…
…that a confidentiality agreement over the fight around
a will and it's eventual settlement could be stretched to
cover all or even most of what happened in the many
decades since it was signed.
The criminal side of the family might be able to buy an
army of lawyers to say that the side of the family they
robbed were permanently gagged out of the family too;
but they can't expect to get it past all the judges.
It is most likely they have Striesanded the book to the
top of the charts and delayed it just long enough to tank
the election as much as possible. The timing suggests
that Mary is from the smarter side of the family. ; ]
On the post: Court Cites George Floyd Killing While Denying Immunity To Officers Who Shot A Black Man 22 Times As He Lay On The Ground
I have a little question:
Is it yet time to call for a legislated end to COWARDICE-based policing? ; ]
On the post: Senator Cotton Dumbly Claims Huawei Building 5G Networks Is Like Letting The USSR Build US Cold War Submarines
It all comes down to this:
Can Huawei firmware be updated online?
If so, all the other legs of the platform
are already in place; because they already
have vast resources to serve up those updates,
China does have the legal authority to order
them to add encrypted exfiltration to their
hardware and the family who owns Huawei are
loyal plutarchs in a nation which reserves
the power to arbitrarily take away all that
they have and tuck them away in "re-education"
camps for life, which would likely be short.
It doesn't matter they are not doing it now.
When told to start spying they cannot resist.
What we can do is ensure Huawei deposits all
the firmware and source code with a trusted
third party like a multinational auditing firm
and ensure all updates on critical infrastructure
must be performed manually if at all. With the
Communist Party locked out of that loop, we can
trust the equipment.
On the post: Hacks Are Always Worse Than Reported: Nintendo's Breached Accounts Magically Double
Geigner's Effect?
<Smack!>
Silly boy! You don't get to define an effect and then slap your own name on it!
If an effect comes apparent and we remember you, that's when we coin a mnemomic.
Then, and only then, "The Geigner Effect" comes into use, and you won't own it.
</Smack!>
[ Besides, we're still waiting to see if you get dragged away by the Secret Police,
because that effect would be much more precisely measurable as well as memorable! ; ]
On the post: John Oliver Says What Needs To Be Said About Why Defunding The Police Is The Right Thing Right Now
Hmmm… Zatso?
So that's why the torrents for this particular episode are so popular… ; ]
On the post: Guinness World Records People Accidentally Claiming Copyright On Tons Of 'Super Mario Bros.' Speedruns
Re: Re: The solution is as obvious as it it simple.
"If there was such a system then all YouTubers would
attach these notices to all of their videos and the entire
copyright enforcement mechanism becomes manual. "
Actually, no. Because it would be an optional, manual
process to fill out such a form, relatively few would use it.
The result is the system becomes even more automated in the
cases where a bogus or malicious attempt is made on a video,
and even in the few cases where a legitimate complaint is met
by a legitimate counterclaim, Youtube need not get involved
until one or the other prevails or is abandoned by the usual
timeouts. Your hypothetical result fails on the assumption
that everybody is as smart or involved as we are.
"To fix this YouTube needs to issue warnings...
...complainant is barred from future complaints."
Unfortunately, all of those changes would require changes in the
laws underlying the whole procedure. Youtube could do preemptive
counternotices in full compliance with the law because it's their
website and the sequence of events is both sped up with automation
of the counternotive and appeal process and relieves then of direct
involvement by moderators until that additional layer of automation
has played out, likely quashing lots of bogus takedown attempts and
discouraging many more attempts.
Censorship by abusing Youtube's process would be severely curtailed.
That's a win-win for everybody but the scammers. ; ]
On the post: Guinness World Records People Accidentally Claiming Copyright On Tons Of 'Super Mario Bros.' Speedruns
The solution is as obvious as it it simple.
Youtube should allow uploaders to fill in a preemptive counternotice
against all complaints or ContentID hits. ContentID is then blocked
from all automated actions.
Any persons complaining are automatically sent the counternotice and
must acknowledge receipt of the notice with a proper explanation why
they disagree with it before a moderator may do anything like a
takedown or demonetization.
The uploader's declaration exempts that upload from mass censorship,
forces all complainants to acknowledge the uploader's declaration on
that upload and then they must negotiate with the uploader directly.
Youtube is shielded from liability, free to move on to other things.
That saves Youtube both automatic and manual effort on any upload
the creator wished to protect from inept or malicious inerference.
The savings in time/conflict would be quite huge for Youtube alone.
On the post: When The Problem Isn't Twitter But President Trump
Not a problem…
…because I'm definitely the outsider. ; ]
On the post: When The Problem Isn't Twitter But President Trump
That is…
…unless an election puts both congressional houses into Democrat majorities or even supermajorities.
That would give Mike Pence the irresistable opportunity
to assert his Christianity in the face of obvious insanity.
That would be quite a show, so BUY POPCORN FUTURES! ; ]
On the post: When The Problem Isn't Twitter But President Trump
Not Article 25, my booboo:
https://en.wikipedia.org/wiki/Twenty-fifth_Amendment_to_the_United_States_Constitution
On the post: When The Problem Isn't Twitter But President Trump
Uhm…
…have any of you folks ever heard of Article 25? ; ]
On the post: After FBI Successfully Breaks Into IPhones, Bill Barr Says It's Time For Legislated Encryption Backdoors
The only argument that shuts these guys up is right here:
Weaken encryption in the U.S. and all exports of software
and network-related technology "made in U.S.A." will dry up.
Everybody (Americans included) will shop elsewhere for tech.
That's trillions of dollars in new trade deficits, hundreds
of billions in lost profits to tech industries and tens of
billions in lost taxes every year until a new administration
undoes the damage and stops the bleeding.
Arguing about security and rights of the American people has
no effect on these clowns because they hold the public in
contempt and always will. Show them what effect their dumb-
ass meddling will do to their billionaire friends and corporate
backers and they'll quietly let the issue die off without ever
having to admit why it was a stupid idea to start with.
On the post: Australian Court Says Raid Of Journalist's Home Was Illegal... But Allows Federal Police To Keep The Evidence They Seized
Commissioner Kershaw has created an opening!
Having admitted on the public record that he can do without
those files at the moment and with the court having found that
no legitimate investigation, thus no lawful use for the files,
the reporter, her publisher and national representatives of the
Australian press can apply to have the court take custody and
force the AFP to apply for access before touching them again.
That press coalition is then in a position to oppose such an
application in open court, thus discouraging the government from
misusing the files in secret; likely their intent all along.
This also gives Australians more time to pass laws to protect
the press and their legitimate sources.
On the post: Australian Court Says Raid Of Journalist's Home Was Illegal... But Allows Federal Police To Keep The Evidence They Seized
Commissioner Kershaw has created an opening!
Having admitted on the public record that he can do without
those files at the moment and with the court having found
no legitimate investigation, thus no lawful use for the files,
the reporter, her publisher and national representatives of the
Australian press can apply to have the court take custody and
force the AFP to apply for access before touching them again.
That press coalition is then in a position to oppose such an
application in open court, thus discouraging the government from
misusing the files in secret; likely their intent all along.
This also gives Australians more time to pass laws to protect
the press and their legitimate sources.
On the post: New York's Governor Hands Down A Mask Mandate While The State's Anti-Mask Law Remains On The Books
No doubt the Police will not want to piss off the Boss. ; ]
As the Governor's executive order is effective permission
by the Head of Government in person, no less:
Wearing a mask in compliance with that order is
unambiguously compliant with Penal Law § 240.35(4),
especially as the intent is obviously not to form a "mob."
Next >>