However, he specializes in IP law. And he has been a Cal lawyer since 1979. That is a very senior lawyer with over 35 years of experience. You would think that someone who has been in this game this long would know better.
So.... I'm thinking that some newby associate, or even a clerk in his office, is making these claims.
Bonus as the motivation? Seriously. I think the motivation was to keep from being let go. Fail to meet your quota, out the door you go.
There are lots of layoffs in the banking industry. Everyone is scared.
These staff know that getting a new job is very difficult. They have mouths to feed. We don't have a nice safety net in the US. So they do what they have to do to live another day.
The management met their numbers, got their bonus. The fallout is tomorrow's problem.
I have written to the Calif. Dept of Weights and Measures asking them to do this exact thing in the past. They told me that they don't have jurisdiction.
If a business sells a product by some metric, then I can't imagine why it would not fall under this department's jurisdiction. I wrote in complaints about AT&T Wireless charging me for megabytes of data that didn't make any sense.
I fail to see why mobile cellular data, minutes on calling cards, internet data caps, whatever, are exempt from regulation. There is something very wrong with allowing a merchant to control the "meter" for their product.
I also wanted to add. The cable TV companies will learn the hard way that when these Millienials do have kids, those kids aren't going to watch cable TV. They are going to be using digital data apps using entertainment that the cable TV companies have no ownership of.
..."most cable sector executives still desperately cling to the narrative that cord cutting is a fad that stops once Millennials procreate."
Yea. They don't realize that most Millienials can't afford to procreate. You know, with those crazy tuition loans, sky high rents, low salaries, rising health insurance co-pays and premiums, and other more important bills than cable TV.
Let me add. I really don't think that any judge is going to let plaintiffs do this very often. After all, they wasted the courts time too. So he/she must have done a damn good job convincing a judge of the merits of his/her argument.
Man. I am really torn here. I don't like absolutes that leave no discretion. It leads to insanely stupid execution of policies.
The classic example is the zero tolerance of drugs/weapons policy in schools that cause them to blow misunderstandings and mistakes out of proportion. Or the mandatory sentencing laws that force judges that hand out sentences that don't come close to matching the circumstances of the case.
We have to trust judges. If a judge felt that this case was enough of a mistake that it should not appear in the records, then I feel he needs to have the discretion to purge it.
What should be examined here is the process that is used to purge this case. Was the defendant notified? Was he/she allowed to contest the judge's decision? If all three parties are cool with it, then let them do it.
I think a good balance would be: (a) Approval of defendants (b) Automatic review of decision by that judges superiors
In light of the SS7 exploit hacks, why do police bother with Stingray's any more? That has to be a serious threat to Harris Corp (Maker of The Stringray).
The FBI's obsession with his work phone appears even more disingenuous when you factor in what they did with the physical evidence.
The police and FBI allowed the neighbors to break in to and loot the shooter's condo less than 2 days after the murders.
I would have thought that their personal household would hold a hell of a lot more clues than his work phone. Yet in less than 48 hours they left it all open to be spoiled.
I suspect that they aren't wrong about damage to their equipment. It is well known that gangs control access to phones in many prisons and jails. So in addition to paying off the prison itself for a contract, I suspect that this company also has to pay extortion to the gangs that control the access. Otherwise, their equipment will get damaged in an "unfortunate accident". Nor will they have access to their customers.
Reducing the rates this drastically won't allow them to continue to pay the current extortion rates.
This is clearly a trademark issue. Not a copyright issue. Hutchings attempted to publish a book using Twain's good name. That is clearly trademark infringement. It would confuse customers
Twain's estate would have no copyright claim. Hutchings wrote the book. Its her book and she has the copyright on it (Or whoever she assigned to the copyright too).
On the post: Jury Balks At Trademark Claim Against Ex-Member Of Rock Group Boston
Wait... isn't that Copyright law?
On the post: Following Coverage Of Trademark Dispute, Lawyer Demands Image On News Story Be Taken Down As Infringing
Wow... you think he would know better
He is a real lawyer.
http://members.calbar.ca.gov/fal/Member/Detail/89688
However, he specializes in IP law. And he has been a Cal lawyer since 1979. That is a very senior lawyer with over 35 years of experience. You would think that someone who has been in this game this long would know better.
So.... I'm thinking that some newby associate, or even a clerk in his office, is making these claims.
On the post: Holy Crap: Wells Fargo Has To Fire 5,300 Employees For Scam Billing
There are lots of layoffs in the banking industry. Everyone is scared.
These staff know that getting a new job is very difficult. They have mouths to feed. We don't have a nice safety net in the US. So they do what they have to do to live another day.
The management met their numbers, got their bonus. The fallout is tomorrow's problem.
On the post: Users Say Comcast Broadband Usage Meters Don't Work, May Result in Hundreds Of Dollars Of Errant Charges
Re:
If a business sells a product by some metric, then I can't imagine why it would not fall under this department's jurisdiction. I wrote in complaints about AT&T Wireless charging me for megabytes of data that didn't make any sense.
I fail to see why mobile cellular data, minutes on calling cards, internet data caps, whatever, are exempt from regulation. There is something very wrong with allowing a merchant to control the "meter" for their product.
On the post: Remember Claims That Cord Cutting Was On The Ropes? It's Actually Worse Than Ever
Re:
On the post: Remember Claims That Cord Cutting Was On The Ropes? It's Actually Worse Than Ever
Yea. They don't realize that most Millienials can't afford to procreate. You know, with those crazy tuition loans, sky high rents, low salaries, rising health insurance co-pays and premiums, and other more important bills than cable TV.
On the post: Pablo Escobar's Brother Demands One Billion Dollars From Netflix Over Narcos
Re: My suit...
Yea... I made that mistake. But it was worth it.
On the post: Putin Says All Encryption Must Be Backdoored In Two Weeks
Re: Talk about a no-win scenario
I wonder of the FSB has presented Putin with an invoice for doing this massive job? Talk about unfunded directives!
On the post: Should A Court Allow A Case To Disappear Entirely Because The Person Regrets Filing It?
Re: I don't like absolutes
On the post: Should A Court Allow A Case To Disappear Entirely Because The Person Regrets Filing It?
I don't like absolutes
The classic example is the zero tolerance of drugs/weapons policy in schools that cause them to blow misunderstandings and mistakes out of proportion. Or the mandatory sentencing laws that force judges that hand out sentences that don't come close to matching the circumstances of the case.
We have to trust judges. If a judge felt that this case was enough of a mistake that it should not appear in the records, then I feel he needs to have the discretion to purge it.
What should be examined here is the process that is used to purge this case. Was the defendant notified? Was he/she allowed to contest the judge's decision? If all three parties are cool with it, then let them do it.
I think a good balance would be:
(a) Approval of defendants
(b) Automatic review of decision by that judges superiors
On the post: Congrats, FBI, You've Now Convinced Silicon Valley To Encrypt And Dump Log Files
Until forced to keep logs
On the post: EFF, ACLU And Public Records Laws Team Up To Expose Hidden Stingray Use By The Milwaukee Police Department
Why bother anymore?
On the post: Head Of British Rights Group: Piracy Is Google's Fault Even If It's Not Actually Google's Fault
Corporate Welfare?
Dear Taxpayers.
My business model no longer works. So we demand that you taxpayers give your hard earned money to the government to prop us up.
Love,
The old fashioned recording industry
On the post: iPhone Forensics Experts Demonstrate Basic Proof Of Concept That The iPhone Hack The FBI Says 'Doesn't Work' Actually Does Work
Re: FBI lies
The police and FBI allowed the neighbors to break in to and loot the shooter's condo less than 2 days after the murders.
I would have thought that their personal household would hold a hell of a lot more clues than his work phone. Yet in less than 48 hours they left it all open to be spoiled.
http://www.theguardian.com/us-news/2015/dec/04/reporters-rush-into-home-san-bernardino-shoot ing-suspects
On the post: Prison Telco Claims Prisoners Will Riot If Company Can't Keep Overcharging Inmate Families
Where do the kickbacks go?
Reducing the rates this drastically won't allow them to continue to pay the current extortion rates.
Just a thought.
On the post: Author Sues Half The Internet For Defamation, Copyright Infringement, Cyberbullying, Use Of Section 230
Is this common?
I suspect that the clerks also have a protocol that filters these out these suite to prevent them from clogging up court resources.
The only reason this suit makes TechDirt is because the list of defendants is many large Internet companies.
Perhaps the courts should require that lawyer must file any suits. And that they lawyer could be disbarred for filing nonsense.
On the post: Senator Lindsey Graham Finally Talks To Tech Experts, Switches Side In FBI V. Apple Fight
On the post: Copyright History: The Strange Case Of A Book Authored By Mark Twain Via A Ouija Board
Trademark... not copyright
Twain's estate would have no copyright claim. Hutchings wrote the book. Its her book and she has the copyright on it (Or whoever she assigned to the copyright too).
On the post: Canadian City Wants To Solve Crime Problem By Using Tracking Technology That Doesn't Exist
How about a wall?
Oh wait. That is what a prison is for.
On the post: Annotating The Letter Disney's CEO Sent To Disney Employees Asking Them To Fund Disney's Sketchy Lobbying Activities
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