Apart from critical national security issues during wartime, when has a gag order in the U.S. applied to the media in general?
There have been a few cases in the past, but they have been superseded as precedent. Prior restraint on the media is constitutionally disfavored to the point of effective extinction. You can find a few attempts by corrupt local courts, but they are quickly reversed on appeal to a court with adults in charge.
Re: Re: Re: Re: You keep omitting that statute is "mere statute", not the whole of the law.
There are good reasons for posting without registering.
But it's common that people posting anonymously are here to troll or post (intentionally?) wrong information. Anonymous posts should always be view with suspicion.
It's likely that they have contacted law enforcement, which is pursuing this as 'receiving stolen property'.
Turning over the names would serve the dual purposes of confirming 'possession' and limit the number of people they will need to contact.
It's not important that there was no crime committed, and no conviction possible. Just putting someone through the criminal system is an effective punishment -- expensive, time consuming and embarrassing punishment.
As a reminder, radio stations pay 0 (zero) performer royalties in the U.S.
They do pay songwriter royalties, although only a small fraction of those payments end up going to the actual songwriters.
There is no underlying principle of fairness to the artists. Royalties are only about who has the power to extract them at the time they are negotiated. If bringing up the image of a "starving artist" helps, it will be used as a pretense.
Even in the case cited, it was beyond a stretch to make a federal case of it. The federal law relies on there being distribution that crosses state lines, or uses the mail system. Online distribution commonly is assumed to inherently interstate, but that isn't necessarily true. With no distribution, the cited case shouldn't have been in federal court.
This is one of the reasons that the court system is vulnerable to abuse: the plaintiff has asymmetrical power.
It costs the plaintiff very little to prepare and file a cut-and-paste complaint. The defendant immediately needs to spend far more time and money to investigate and respond. When perjury such as this is discovered, the plaintiff gets to cut and run with no penalty, even when they have cost innocent defendants thousands in legal expenses.
The web site above suggests that in the U.S. 30-40% of deaths are related to vehicles, and over half are non-pursuit single car collisions.
There are few enough deaths that those percentages can be significantly skewed by cherry-picking a time window.
You do have to check the information on that web site with other sources. There is an element of putting an 'on-duty' spin on questionable events, and not mentioning the at-fault aspects.
From my reading, the single change that would most reduce police fatalities is having law enforcement obey traffic laws when not in an active pursuit or responding to an emergency.
Until about a year ago, they freely mixed in police animal deaths, which bumped up the count but led to a few embarrassments when people quoted the numbers. They still have a very inclusive definition of "line of duty" deaths that include heart attacks while "on call" and single car accidents while off-duty in a government unmarked car.
As quick sample, they feature the most recent five deaths on the main page. Two of the five were single car non-emergency accidents. Both were severe, suggesting speed well in excess of the limit.
Concert promoters have always been hucksters. It's mostly about getting everyone to believe that the event will happen as planned, and that they will be paid after.
If it works the first time, it's easy to convince the suppliers the next time and stage a bigger event.
It should be obvious to all, but I'll point it out anyway.
Cisco and Oracle are giant companies in decline. Their customers are almost exclusively other large companies that are locked into the Oracle and Cisco infrastructure. They both have a strong interest in hindering small innovative companies from gaining a toehold.
Eliminating the principle of an neutral internet allows creating a "first class" internet to access preferred large company services, and a deliberately degraded and unreliable "third class" that new companies can be relegated to.
A question that is perhaps off topic. Or squarely on topic.
How many projects on Github use the phrase "aims to", and are abandoned a few months later?
My observation, dating back at least 15 years to when sourceforge pioneered site-based community building and collaboration, is that "aims to" is highly correlated to getting 20% completed and then SQUIRREL!
Slander of Title isn't exactly "saying that a property is worth less than it actually is".
It's claiming something that reduces the value of a property, such as falsely claiming an ownership interest or falsely placing a lien on a property.
If you simplify it to "saying something that reduces the value of a property" that definition seems to fit, but over-simplification can lead to incorrect understanding.
I don't think "substantial factor" analysis should come into play until after the constitutionalissue is decided.
Certainly many transactions happen with the true value under-reported to the government.
In those cases publishing what the government has down as the transaction value is accurate reporting. They might not be accurate figures, but they are the official numbers.
The core element of this lawsuit is if Zillow is providing 'appraisals' under state law.
I see this as being overly clever with definitions.
An appraisal is an estimate. But an estimate isn't necessarily an appraisal. Even if it has all of the regulatory attributes required of an appraisal, if they don't claim it's an appraisal, it's not an appraisal.
You can chat with a lawyer at a party, and they can offer up a person opinion. It might be advice, and it might be on a law-related topic, but that doesn't make it legal advice.
On the post: Bob Murray Demands John Oliver Be Silenced... While HBO Moves Case To Federal Court
Re:
There have been a few cases in the past, but they have been superseded as precedent. Prior restraint on the media is constitutionally disfavored to the point of effective extinction. You can find a few attempts by corrupt local courts, but they are quickly reversed on appeal to a court with adults in charge.
On the post: Judge Tosses Woman's Lawsuit Brought Against Google Because A Blogger Said Mean Things About Her
Re:
Instead they wanted to drag Google into their prune-fueled poo-throwing fight.
On the post: Judge Tosses Woman's Lawsuit Brought Against Google Because A Blogger Said Mean Things About Her
Re: Re: Re: Re: You keep omitting that statute is "mere statute", not the whole of the law.
But it's common that people posting anonymously are here to troll or post (intentionally?) wrong information. Anonymous posts should always be view with suspicion.
On the post: Should Tumblr Be Forced To Reveal 500 People Who Reblogged A Sex Tape?
Danger of calling this "child porn" and criminalizing it.
Does merely clicking a button after seeing a video, absent other action, makes them guilty of child pornography distribution? That's an absurd result.
On the post: Hospital Sends Legal Threats To Researcher, Then Asks For Her Help Identifying Breach Victims
Re: Hmm
Turning over the names would serve the dual purposes of confirming 'possession' and limit the number of people they will need to contact.
It's not important that there was no crime committed, and no conviction possible. Just putting someone through the criminal system is an effective punishment -- expensive, time consuming and embarrassing punishment.
On the post: Trump Lawyer Threatens To Report A Former FBI Employee To The Inspector General
Re:
'It's our policy not to comment on ongoing investigations, unless it's in my best interest to do so.'
That Comey?
No integrity, and willing to jump into cesspool-level politics. That smell isn't roses.
Trump comes out smelling better, despite having a track record. It's not so much that he lies. It's that what he says has no relation to the truth.
Remember, a clock that spins backwards is right four times a day, while a stopped clock is only right twice.
On the post: Monkey Selfie Case Gets Even Weirder, As The Monkey's 'Next Friends' Are In A Criminal Dispute With Each Other
Re: Re: Re: PETA: Silly Is What We Do
https://www.peta.org/about-peta/faq/whats-wrong-with-eating-honey/
On the post: The Music Licensing Swamp: Spotify Settles Over Failure To Obtain Mechanical Licenses
Re: Re: Re: Not Complex in this case
They do pay songwriter royalties, although only a small fraction of those payments end up going to the actual songwriters.
There is no underlying principle of fairness to the artists. Royalties are only about who has the power to extract them at the time they are negotiated. If bringing up the image of a "starving artist" helps, it will be used as a pretense.
On the post: Congress 'Fixes' Child Porn 'Loophole' With 15-Year Prison Sentences For Teen Sexting
Even in the case cited, it was beyond a stretch to make a federal case of it. The federal law relies on there being distribution that crosses state lines, or uses the mail system. Online distribution commonly is assumed to inherently interstate, but that isn't necessarily true. With no distribution, the cited case shouldn't have been in federal court.
On the post: Copyright Troll's Tech 'Experts' Can Apparently Detect Infringement Before It Happens
It costs the plaintiff very little to prepare and file a cut-and-paste complaint. The defendant immediately needs to spend far more time and money to investigate and respond. When perjury such as this is discovered, the plaintiff gets to cut and run with no penalty, even when they have cost innocent defendants thousands in legal expenses.
On the post: NY Senate Passes Bill That Would Add Cops And Firemen To List Of Protected Classes Under State's Hate Crime Law
Re: Re:
There are few enough deaths that those percentages can be significantly skewed by cherry-picking a time window.
You do have to check the information on that web site with other sources. There is an element of putting an 'on-duty' spin on questionable events, and not mentioning the at-fault aspects.
From my reading, the single change that would most reduce police fatalities is having law enforcement obey traffic laws when not in an active pursuit or responding to an emergency.
On the post: NY Senate Passes Bill That Would Add Cops And Firemen To List Of Protected Classes Under State's Hate Crime Law
There aren't that many deaths, few enough that you can look at them all. Even sampling a few shows that the numbers are very broad.
The Officer Down Memorial Page is a good place to start. https://www.odmp.org/
Until about a year ago, they freely mixed in police animal deaths, which bumped up the count but led to a few embarrassments when people quoted the numbers. They still have a very inclusive definition of "line of duty" deaths that include heart attacks while "on call" and single car accidents while off-duty in a government unmarked car.
As quick sample, they feature the most recent five deaths on the main page. Two of the five were single car non-emergency accidents. Both were severe, suggesting speed well in excess of the limit.
On the post: US Court Upholds Enforceability Of GNU GPL As Both A License And A Contract
Re: Re: Re: Meh, GPL.
On the post: Lawsuit Claiming Fyre Festival Sent Cease & Desist Letters To Online Critics Doesn't Show Any Actual Evidence
Don't blame...
It's mostly about getting everyone to believe that the event will happen as planned, and that they will be paid after.
If it works the first time, it's easy to convince the suppliers the next time and stage a bigger event.
On the post: Cisco And Oracle Applaud The Looming Death Of Net Neutrality
Companies in decline trying to slow progress
Cisco and Oracle are giant companies in decline. Their customers are almost exclusively other large companies that are locked into the Oracle and Cisco infrastructure. They both have a strong interest in hindering small innovative companies from gaining a toehold.
Eliminating the principle of an neutral internet allows creating a "first class" internet to access preferred large company services, and a deliberately degraded and unreliable "third class" that new companies can be relegated to.
On the post: Trump Fires FBI Director Comey
Re: Re: Re:
What we are seeing is a turf war, as the FBI, CIA, NSA and others are trying to expand their mandate and grab the funding from the other agencies.
On the post: China's New Online Encyclopedia Aims To Surpass Wikipedia, And To 'Guide And Lead' The Public
How many projects on Github use the phrase "aims to", and are abandoned a few months later?
My observation, dating back at least 15 years to when sourceforge pioneered site-based community building and collaboration, is that "aims to" is highly correlated to getting 20% completed and then SQUIRREL!
On the post: Zillow Sued By Homeowner Because Its Estimate Is Lower Than The Seller Wants To Sell The House For
It's claiming something that reduces the value of a property, such as falsely claiming an ownership interest or falsely placing a lien on a property.
If you simplify it to "saying something that reduces the value of a property" that definition seems to fit, but over-simplification can lead to incorrect understanding.
I don't think "substantial factor" analysis should come into play until after the constitutionalissue is decided.
On the post: Zillow Sued By Homeowner Because Its Estimate Is Lower Than The Seller Wants To Sell The House For
Re: Re: Re: Re:
In those cases publishing what the government has down as the transaction value is accurate reporting. They might not be accurate figures, but they are the official numbers.
On the post: Zillow Sued By Homeowner Because Its Estimate Is Lower Than The Seller Wants To Sell The House For
I see this as being overly clever with definitions.
An appraisal is an estimate. But an estimate isn't necessarily an appraisal. Even if it has all of the regulatory attributes required of an appraisal, if they don't claim it's an appraisal, it's not an appraisal.
You can chat with a lawyer at a party, and they can offer up a person opinion. It might be advice, and it might be on a law-related topic, but that doesn't make it legal advice.
Next >>