Re: Oh god, I'm going to (unintentionally) be a troll....
I live in an area that grows the same grapes, in identical soil chemistry, under an identical climate using identical non-grape ingredients (wine yeast, etc) as those used in the Champagne region of France to make ‘real’ champagne.
The results are so identical to ‘real’ champagne, even the snootiest wine experts can’t tell the difference. So what is the consumer protection interest in claiming that identical sparkling wine made from champagne grapes isn’t champagne?
But what is the difference between wine made from champagne grapes in Champagne, France - and wine made from the same variety of grapes, produced with identical recipes, every ingredient identical, from grapes grown in a place with identical climate and soil chemistry?
And what word would you use to distinguish that wine from other types of sparkling wine?
Especially since convicted felons are ineligible for teaching certificates in many states, and violating student rights the way this school did is a felony (18 USC 241).
They decided it was a threat before they considered any evidence, under a system where the burden of proof is on the accuser. Why should evidence proving his innocence matter to them?
So if you see it happening, weaponize the system against the school officials.
Any rights violation you can win a civil court case for is also a crime - almost invariably a felkny - under federal civil rights laws (18 USC 241, among others).
A citizen’s arrest for a personally-witnessed federal felony is lawful on all federal lands and in 49 out of 50 states according to the US Supreme Court (United States v. Di Re (1948)). The only state it’s not lawful in is North Carolina.
It goes far beyond common sense - the school’s reaction was literally felonious, under federal civil rights laws. But at no time did any school official ever let the fact their actions could result in a ten year prison sentence slow their reactions, let alone halt them.
What we need is law that fires - by eliminating their positions - any school administrator that enacts a zero-tolerance policy.
The ONLY reason positions such as principal exist in public schools is to make difficult decisions. If all such decisions are reduced to a flow chart, then the need for those positions is eliminated because any teacher can follow a flow chart.
My questions would be whether Blumenthal flunked (or was expelled from) junior high school science class, and is that why he’s unaware of the whoosh bottle not being something invented by TikTok or even the internet?
Given the massive penalties under the proposed SHOP SAFE Act - and its new lease on life being imbedded into other legislation - how would genuine Canon cartridges registering as counterfeit play with the Act? Especially since Canon itself is apparently selling counterfeits directly?
And how would anyone ever know the difference between a well-made fake and the real deal, without those chips?
Unless Bayside can produce a bill of sale for the copyrights, a notarized release of copyrights or a work-for-hire agreement signed by the photographer granting ownership of the images to Diaz, those rights are retained by the photographer - who is clearly NOT Diaz.
There are widely-believed myths that taking pictures of someone without that person’s consent is illegal or that the person shown in an image owns the copyrights to it - to the extent they can demand it be deleted from the photographer’s camera - but neither is true.
Those myths are so prevalent though, that it wouldn’t surprise me if even some non-IP lawyers believed them. That’s the only way I could see a lawyer willing to file this case for Bayside, given how the bar for punishment for dishonesty is set much lower for lawyers than regular people.
The registration of the copyrights after they were posted is pretty suspicious too - anyone can file for a copyright registration, even if they don’t own the copyrights, so long as they are the first to file. It’s not supposed to happen, yet we’ve seen things like it happen before, like with NASA probe video that gets DMCA’d by TV stations.
Whether they’ve used it as evidence or not, simply switching it on would be interception of electronic communications - a felony unless they have a warrant. Remember, the law enforcement exemptions to interception, eavesdropping and wiretap laws only activates when a warrant is issued. Without that warrant, doing those things is just as illegal for police as it is for any other citizen.
It’s crazier than that. Nobody would be able to drive someone to have an abortion without cars or roads, so that would open car dealerships, car manufacturers, even the state department of transportation (who built the roads) or even the Texas state legislature (who funded the roads) to litigation, as the law is written!
It’s not vigilantism. Vigilantism bypasses the courts, this Texas law has no power outside of courts.
If this were vigilantism, then all court officers - from the lowest justice of the peace to the chief justice of the supreme court - are all vigilantes and always have been.
On the post: US Court To Gruyere Cheese People: No, You Can't Ban People From Calling Their Cheese Gruyere If They Aren't Your Neighbors
Re: Oh god, I'm going to (unintentionally) be a troll....
I live in an area that grows the same grapes, in identical soil chemistry, under an identical climate using identical non-grape ingredients (wine yeast, etc) as those used in the Champagne region of France to make ‘real’ champagne.
The results are so identical to ‘real’ champagne, even the snootiest wine experts can’t tell the difference. So what is the consumer protection interest in claiming that identical sparkling wine made from champagne grapes isn’t champagne?
On the post: US Court To Gruyere Cheese People: No, You Can't Ban People From Calling Their Cheese Gruyere If They Aren't Your Neighbors
Re: How about requiring local manufacture of "Swiss cheese"?
Actually, Swiss cheese made to modern cleanliness standards doesn’t have holes.
On the post: US Court To Gruyere Cheese People: No, You Can't Ban People From Calling Their Cheese Gruyere If They Aren't Your Neighbors
Re:
But what is the difference between wine made from champagne grapes in Champagne, France - and wine made from the same variety of grapes, produced with identical recipes, every ingredient identical, from grapes grown in a place with identical climate and soil chemistry?
And what word would you use to distinguish that wine from other types of sparkling wine?
On the post: Pennsylvania Court Reverses Student's Expulsion Over A Snapchat Post, Reminds School Students Still Have Rights
Re: 'Be afraid!'
Especially since convicted felons are ineligible for teaching certificates in many states, and violating student rights the way this school did is a felony (18 USC 241).
On the post: Pennsylvania Court Reverses Student's Expulsion Over A Snapchat Post, Reminds School Students Still Have Rights
Re:
They decided it was a threat before they considered any evidence, under a system where the burden of proof is on the accuser. Why should evidence proving his innocence matter to them?
On the post: Pennsylvania Court Reverses Student's Expulsion Over A Snapchat Post, Reminds School Students Still Have Rights
Re: Re: Re: Re: Some context is important
So if you see it happening, weaponize the system against the school officials.
Any rights violation you can win a civil court case for is also a crime - almost invariably a felkny - under federal civil rights laws (18 USC 241, among others).
A citizen’s arrest for a personally-witnessed federal felony is lawful on all federal lands and in 49 out of 50 states according to the US Supreme Court (United States v. Di Re (1948)). The only state it’s not lawful in is North Carolina.
On the post: Pennsylvania Court Reverses Student's Expulsion Over A Snapchat Post, Reminds School Students Still Have Rights
Re: Re: Re: Some context is important
It goes far beyond common sense - the school’s reaction was literally felonious, under federal civil rights laws. But at no time did any school official ever let the fact their actions could result in a ten year prison sentence slow their reactions, let alone halt them.
On the post: Pennsylvania Court Reverses Student's Expulsion Over A Snapchat Post, Reminds School Students Still Have Rights
Re: Re: Re:
What we need is law that fires - by eliminating their positions - any school administrator that enacts a zero-tolerance policy.
The ONLY reason positions such as principal exist in public schools is to make difficult decisions. If all such decisions are reduced to a flow chart, then the need for those positions is eliminated because any teacher can follow a flow chart.
On the post: New 'TLDR' Bill Requires Companies Provide Synopsis Of Overlong, Predatory Terms Of Service
Re: In Other News...
This. Some governments write laws that are so obfuscated, they’d actually be unconstituutional for that alone under some state constitutions.
On the post: Senator Blumenthal Blames TikTok... Due To A Popular And Widely Championed Science Experiment Gone Wrong
Re: WTF?
My questions would be whether Blumenthal flunked (or was expelled from) junior high school science class, and is that why he’s unaware of the whoosh bottle not being something invented by TikTok or even the internet?
On the post: Chip Shortage Forces Canon To Issue Workarounds For Its Own Obnoxious DRM
SHOP SAFE?
Given the massive penalties under the proposed SHOP SAFE Act - and its new lease on life being imbedded into other legislation - how would genuine Canon cartridges registering as counterfeit play with the Act? Especially since Canon itself is apparently selling counterfeits directly?
And how would anyone ever know the difference between a well-made fake and the real deal, without those chips?
On the post: Chip Shortage Forces Canon To Issue Workarounds For Its Own Obnoxious DRM
SHOP SAFE?
On the post: Twitter Asks Court To Reconsider Order To Unmask Anonymous Critic Of A Billionaire Over Questionable Copyright Claims
Re: CR and the creater.
Unless Bayside can produce a bill of sale for the copyrights, a notarized release of copyrights or a work-for-hire agreement signed by the photographer granting ownership of the images to Diaz, those rights are retained by the photographer - who is clearly NOT Diaz.
There are widely-believed myths that taking pictures of someone without that person’s consent is illegal or that the person shown in an image owns the copyrights to it - to the extent they can demand it be deleted from the photographer’s camera - but neither is true.
Those myths are so prevalent though, that it wouldn’t surprise me if even some non-IP lawyers believed them. That’s the only way I could see a lawyer willing to file this case for Bayside, given how the bar for punishment for dishonesty is set much lower for lawyers than regular people.
The registration of the copyrights after they were posted is pretty suspicious too - anyone can file for a copyright registration, even if they don’t own the copyrights, so long as they are the first to file. It’s not supposed to happen, yet we’ve seen things like it happen before, like with NASA probe video that gets DMCA’d by TV stations.
On the post: Wireless Carriers Balk At FAA Demand For 5G Deployment Delays Amid Shaky Safety Concerns
Re: Re: Re: Re: Re: The list of potentially affected US airports
Did you perhaps miss that 5G signals are short ranged?
On the post: Boston Police Department Used Forfeiture Funds To Hide Purchase Of Surveillance Tech From City Reps
Re: Brinks - Watch out
They already have done that.
https://www.cjonline.com/story/news/crime/2021/10/25/kansas-sheriff-seizes-money-legal-missour i-marijuana-cannabis-sales/8471482002/
On the post: Boston Police Department Used Forfeiture Funds To Hide Purchase Of Surveillance Tech From City Reps
Re:
Whether they’ve used it as evidence or not, simply switching it on would be interception of electronic communications - a felony unless they have a warrant. Remember, the law enforcement exemptions to interception, eavesdropping and wiretap laws only activates when a warrant is issued. Without that warrant, doing those things is just as illegal for police as it is for any other citizen.
On the post: GoDaddy Reignites Debate Over Infrastructure Layer Moderation By Banning Texas Anti-Abortion Snitch Site
Re: Re:
It’s crazier than that. Nobody would be able to drive someone to have an abortion without cars or roads, so that would open car dealerships, car manufacturers, even the state department of transportation (who built the roads) or even the Texas state legislature (who funded the roads) to litigation, as the law is written!
On the post: GoDaddy Reignites Debate Over Infrastructure Layer Moderation By Banning Texas Anti-Abortion Snitch Site
Re: Re:
It’s not vigilantism. Vigilantism bypasses the courts, this Texas law has no power outside of courts.
If this were vigilantism, then all court officers - from the lowest justice of the peace to the chief justice of the supreme court - are all vigilantes and always have been.
On the post: Judge Wants To Know If DOJ Ignored Its Own Journalist-Targeting Guidelines When Investigating An Infowars Host Who Raided The Capitol
Re:
By your definition of journalism, Thomas Paine should never have published Common Sense.
On the post: Judge Wants To Know If DOJ Ignored Its Own Journalist-Targeting Guidelines When Investigating An Infowars Host Who Raided The Capitol
Re: Re: Re:
Do you realize that by your standard of journalism, Thomas Paine was wrong to publish Common Sense?
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