The state argued its ban on POT in Christmas light form was crucial to the government's "substantial interest" in "curtailing minor children's interest in and exposure to the marijuana trade." Inarguably, this is a legitimate interest.
No, I think not. Either it's LAWFUL or it's UNLAWFUL. If it's LAWFUL then there's no need to "curtailing minor children yada yada yada." If it's UNLAWFUL then yeah, minor children AND adults should be curtailed.
Take your most morally offensive things:
strip clubs
marijuana dispensaries
comic book stores with hentai
churches where priests molest children
Let me know where that line is... because for me that line is that if it is not in violation of the law it is perfectly fine.
Oh, but wait, you think strip clubs shouldn't exist within 200 feet of a school (randomly picking on a local ordinance). Those kids walk more than 200 feet home... so I guess they still go by that strip club.
And Sundays they go to church.
Bring on the POT signs. They cause less harm than all the other things that can harm the Think Of The Children™ crowd.
Linux was developed outside the United States -- on purpose.
Encryption was developed outside the United States -- on purpose.
For claiming other countries to be "problems with freedom" (e.g. China, Russia, Turkey, Iran, etc.) the United States has done great damage to freedom... all in the name of ... um... national security?
Real ID. It's a thing now. If you don't have a compliant ID you can't enter a federal courthouse or fly an airline.
NOTE: The 9/11 hijackers all had valid passports that would allow them this access.
Re: Re: Contract law does not trump the first amendment
Mr Snowden didn't have to start working for the NSA.
No, he didn't have to, and he didn't.
He voluntarily did so
No, he didn't.
and signed the contract
No, he didn't.
Mr. Snowden didn't work for the NSA and he didn't sign a contract with the NSA. Further you know nothing about what he signed or didn't sign but you're willing to take the government's word for it despite them being the same people who have out and out lied since long before your years on this planet.
Booz Hamilton is the NSA contractor he worked for. They have different forms... and in this case, it doesn't make a huge difference (nobody cares about the book rights) but if Snowden had wanted to fight it... yes it would matter. Hint: he doesn't want to present himself to a US kangaroo court to be tried for treason, a crime that doesn't allow depicting reason nor motive.
Don't worry. The President has been impeached and he will NOT BE FOUND INNOCENT IN A COURT OF LAW because that's not how it works. That asterisk next to his name in future history isn't a "star" like the one he bought on Hollywood Boulevard. It's a stark reminder of the most corrupt self-dealing incestuous bestial mysoginistic impostor piece of poo we've ever had pretending he knows anything about anything.
I should stop here. Because to list his failures is to list everything he's ever done.
business bankruptcies
North Korea denuclearization
Putin coming to heel
Paris accords
Peace in the middle east
Pulling out of Syria and leaving the Kurds and our allies to be SLAUGHTERED
But hey, you're right. "We" did not think him that smart. Thanks for the reminder.
We didn't think Hitler was that smart either. Godwin.
I am not a lawyer. This is my opinion, and if it's wrong, correct or educate me. Thanks.
You can't give away your rights in a contract if they're provided by a higher document. The Constitution of the United States gives citizens of the United Staes (and residents) certain rights we CANNOT give away. For example we cannot agree to slavery. We cannot agree to not have right to vote. We cannot sell nor bestow our rights to either. Similarly we cannot give up our right to allow the government to censor what we say.
That having been said, the Snowden case is nothing new... He elected not to follow process and as a result the Judge ruled accordingly. In a perfect world he would have
filed with NSA a pre-publication review request
filed with the court a request for the NSA to hurry it up
NSA would have ignored or filed [something]
process in court
THEN publish
Neither he nor his publisher did so. Likely they thought (knew!) that these steps wouldn't lead to a permission to publish. So they published. He doesn't get to keep the direct profits off the book.
Was justice done here? Was important government secrecy protected?
"The overall purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguises the goods or services of a firm."
I think you can safely say that since breakfast burritos are sold everywhere, by restaurants, food trucks, local urchins, etc., the Brekarito wouldn't be a "uniquely distinguished" good anyone cares to pay extra ... meaning 50% of $0.00 ... is ... $0.00 :)
E
P.S. This is why trolls are so detestable... they pretend the trademark prevents anyone else from making _the_product_or_service... not that it uniquely distinguishes THEIR version of same p_or_s.
As someone corrected me, the trademark was filed in Los Angeles CA. I'm guessing it will go to the nearest office - San Jose CA.
It's my guess that somewhere in the process between opening the application and reviewing it, some examiner or his supervisor will be actually eating a breakfast burrito, and will laugh his/her ass off and use the big DENY button.
Living in a border town... we know they should fail.
I live in Tucson, Arizona, north of Nogales (AZ, MX). Still within the CBP 100 miles of lawlessness, but hey, 9/11.
Burritos are literally "tortilla with stuff". They originated in Mexico, along with the tortillas. If you ate one for breakfast you had a "breakfast burrito." Big hint: North Carolina hasn't invented any food ever. (Hint: google search "north carolina indigenous cuisine" and then remove Krispy Kreme and other national chains and you'll end up with nothing.)
So there's that. It WAS USED PREVIOUSLY prior to the existence of the whole state. That already disqualifies it from being a trademark.
Second, it cannot generically describe the product... but then YES, THAT'S EXACTLY WHAT IT DOES!!! It's a freakin' breakfast burrito. That ALSO disqualifies it from being a trademark.
I suppose I should add the "confusion in the marketplace" thing -- except when you have a PREVIOUSLY EXISTING THING that EXISTS EVERYWHERE ELSE and is not UNIQUELY IDENTIFIED then expecting people to think it came from NorthCarolinaCo vs say Taco Bell... is unwise.
"Cops are not your friends..." -- until you need them?
Time to quit voluntarily involving the cops in our lives.
When I was in elementary school, twice a year a local cop came and talked about the job they did. We were handed out little trinkets, and we thought that guy's job was really cool. "Cops are your friends" teachers and parents told me.
Years later, as a twenty-something I related this story. The person I was at the bar with asked "When a friend walks in here... what do you do... wave, right? But a cop walks in and you make sure your stuff is all good." ("Your paperwork is in order" to take it to Godwin.) Cops are not our friends...
...until one day when you or your loved one is attacked or your car is stolen or your house is burglarized... and then 911 and waiting for the cops to show up is the longest 5-10 minutes.
So back to the quoted line:
Time to quit voluntarily involving the cops in our lives.
What does one do then, when one is the subject of a crime?
All Anonymous Cowards calling other Anonymous Cowards names are retards.
Your right to free expression is for the purpose of allowing you to speak and be heard without having to identify yourself. Insulting another anonymously ... when the first speaker is anonymous... well, guess who the "retard" is.
Hint: in 2019 it's not considered polite to even use that word... so you're not only abusing your privilege of Techdirt allowing you to speak without giving your name, you're being a total idiot about it.
And with a number of high profile streaming alternatives like Disney+ and Apple TV+ having launched this month, there's absolutely no indication that trend is going to change.
The people who signed up for Disney+... how many of them are using Apple TV? How many are using Sling? How many are using Cloud DVR (Comcast and others)?
Analysis of data requires two things - data and analysis. Right now the data is missing the part which would allow correlation of who has what services... who of those are "cord-cutters", whether you cancel your video channel service with your cable company but keep the cable "cord" to stream video over IP you're a real "cord-cutter" or just count in someone's statistics (and if so whom and to what end) and finally
-- the most important stat --
How many hours of advertising free programming are "cord-cutters" watching, what premiums are they paying the cable companies and telcos to get their IP access, and how does that compare to the non-cord-cutters.
I use this system. It does require access to the cloud as AC points out -- both for configuration and for storage. The death of the cloud would be the death of the camera, and if that's a consideration don't buy it. Otherwise, for up to 7 days storage the cost is included with the camera.
NB: I only use this as a consumer. I get no money or thrills from barely recommending it. If it was cloud free I'd be happier. I use the Ubiquiti cameras and NVR for secure stuff... although I've hacked it to do off-site storage.
The thing about being a grifter or charlatan is that to be a successful one, it takes work.
It doesn't. It just takes finding gullible victims. This is how people like Trump and Nunez continue to be "electable" despite being charlatans and impostors.
But it doesn't stop them from thinking that they could be the next Frank Abagnale.
Nobody wants to be the next Frank Abagnale Junior. They want to be successful grifters who get millions of spendable dollars, not small fake checks and free flights on flight decks of airlines.
The new goal is to be Jesse Duplantis or Donald Trump, not that busted guy from the 80's.
On the post: Court Sides With Nintendo Over RomUniverse In Atttempt To Dismiss The Former's Lawsuit
Careful or we may crowdfund Nintendo
Set up a crowdfund site. I'll contribute. Maybe you will too.
We do not COWTOW to bullies. We educate them. Nintendo is long overdue for a lesson.
E
On the post: Washington Court Says Local Pot Dealers Can Hang Up Christmas Lights That Spell 'POT'
Inarguably think of the children
No, I think not. Either it's LAWFUL or it's UNLAWFUL. If it's LAWFUL then there's no need to "curtailing minor children yada yada yada." If it's UNLAWFUL then yeah, minor children AND adults should be curtailed.
Take your most morally offensive things:
Let me know where that line is... because for me that line is that if it is not in violation of the law it is perfectly fine.
Oh, but wait, you think strip clubs shouldn't exist within 200 feet of a school (randomly picking on a local ordinance). Those kids walk more than 200 feet home... so I guess they still go by that strip club.
And Sundays they go to church.
Bring on the POT signs. They cause less harm than all the other things that can harm the Think Of The Children™ crowd.
E
On the post: Consumer Reports Finds Numerous Home Routers Lack Even Basic Security Protections
Re: Re: Re: Re: UDP is the new bad guy?
Oh my god, good job mastering linking to things.
Merry Christmas, or whatever it is you should think you're doing.
E
P.S. Bwahahahaha
On the post: No Surprise: Judge Says US Government Can Take The Proceeds From Snowden's Book
Re: Re: Ok
Linux was developed outside the United States -- on purpose.
Encryption was developed outside the United States -- on purpose.
For claiming other countries to be "problems with freedom" (e.g. China, Russia, Turkey, Iran, etc.) the United States has done great damage to freedom... all in the name of ... um... national security?
Real ID. It's a thing now. If you don't have a compliant ID you can't enter a federal courthouse or fly an airline.
NOTE: The 9/11 hijackers all had valid passports that would allow them this access.
Next up let's debate whether marijuana is legal. The feds say narp.
https://www.rollingstone.com/culture/culture-features/cannabis-legalization-states-map-831885/
E
On the post: No Surprise: Judge Says US Government Can Take The Proceeds From Snowden's Book
Re: Re: Contract law does not trump the first amendment
No, he didn't have to, and he didn't.
No, he didn't.
No, he didn't.
Mr. Snowden didn't work for the NSA and he didn't sign a contract with the NSA. Further you know nothing about what he signed or didn't sign but you're willing to take the government's word for it despite them being the same people who have out and out lied since long before your years on this planet.
Booz Hamilton is the NSA contractor he worked for. They have different forms... and in this case, it doesn't make a huge difference (nobody cares about the book rights) but if Snowden had wanted to fight it... yes it would matter. Hint: he doesn't want to present himself to a US kangaroo court to be tried for treason, a crime that doesn't allow depicting reason nor motive.
E
On the post: No Surprise: Judge Says US Government Can Take The Proceeds From Snowden's Book
Where does US juris[my]diction end?
Of course US Jurisdiction ends at the border.
https://en.wikipedia.org/wiki/Manuel_Noriega
https://www.wsj.com/articles/joaquin-el-chapo-g uzman-sentenced-to-life-in-u-s-prison-11563373522
No worries, we don't just TALK about freedom, we ensure nobody gets it. Next up... a fair trial in the senate with Mitch and Lindsay.
E
On the post: No Surprise: Judge Says US Government Can Take The Proceeds From Snowden's Book
Innocent until proven guilty IN A COURT OF LAW
Trump called his daughter a great piece of a..
https://www.independent.co.uk/news/world/americas/us-elections/donald-trump-ivanka-trump-creepie st-most-unsettling-comments-a-roundup-a7353876.html
Trump wants to sleep with his daughter...
https://www.youtube.com/watch?v=DP7yf8-Lk80
Trump thinks it's ok to grope women's private parts...
https://en.wikipedia.org/wiki/Donald_Trump_Access_Hollywood_tape
Don't worry. The President has been impeached and he will NOT BE FOUND INNOCENT IN A COURT OF LAW because that's not how it works. That asterisk next to his name in future history isn't a "star" like the one he bought on Hollywood Boulevard. It's a stark reminder of the most corrupt self-dealing incestuous bestial mysoginistic impostor piece of poo we've ever had pretending he knows anything about anything.
I should stop here. Because to list his failures is to list everything he's ever done.
But hey, you're right. "We" did not think him that smart. Thanks for the reminder.
We didn't think Hitler was that smart either. Godwin.
E
On the post: No Surprise: Judge Says US Government Can Take The Proceeds From Snowden's Book
NDAs and unlawful behavior
The ACLU covers this well.
https://www.aclu.org/blog/womens-rights/womens-rights-workplace/nondisclosure-agreement-silenc ing-you-sharing-your-me-too
It applies other than with women's rights. NDAs do not silence you when criminal violations are being perpetrated.
You can remove the "But... but... there was a signed NDA here" button.
E
On the post: No Surprise: Judge Says US Government Can Take The Proceeds From Snowden's Book
Contract law does not trump the first amendment
I am not a lawyer. This is my opinion, and if it's wrong, correct or educate me. Thanks.
You can't give away your rights in a contract if they're provided by a higher document. The Constitution of the United States gives citizens of the United Staes (and residents) certain rights we CANNOT give away. For example we cannot agree to slavery. We cannot agree to not have right to vote. We cannot sell nor bestow our rights to either. Similarly we cannot give up our right to allow the government to censor what we say.
That having been said, the Snowden case is nothing new... He elected not to follow process and as a result the Judge ruled accordingly. In a perfect world he would have
Neither he nor his publisher did so. Likely they thought (knew!) that these steps wouldn't lead to a permission to publish. So they published. He doesn't get to keep the direct profits off the book.
Was justice done here? Was important government secrecy protected?
No.
Ehud
On the post: Beyond The Taco: Someone Is Now Trying To Trademark 'Breakfast Burrito'
Ehud's law
"As a Techdirt discussion of trademark trolling grows longer, the probability of a discussion of the dearth of salt approaches 1"
On the post: Beyond The Taco: Someone Is Now Trying To Trademark 'Breakfast Burrito'
"The overall purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguises the goods or services of a firm."
I think you can safely say that since breakfast burritos are sold everywhere, by restaurants, food trucks, local urchins, etc., the Brekarito wouldn't be a "uniquely distinguished" good anyone cares to pay extra ... meaning 50% of $0.00 ... is ... $0.00 :)
E
P.S. This is why trolls are so detestable... they pretend the trademark prevents anyone else from making _the_product_or_service... not that it uniquely distinguishes THEIR version of same p_or_s.
On the post: Beyond The Taco: Someone Is Now Trying To Trademark 'Breakfast Burrito'
USPTO locations and food
As someone corrected me, the trademark was filed in Los Angeles CA. I'm guessing it will go to the nearest office - San Jose CA.
It's my guess that somewhere in the process between opening the application and reviewing it, some examiner or his supervisor will be actually eating a breakfast burrito, and will laugh his/her ass off and use the big DENY button.
At least one can hope.
E
On the post: Beyond The Taco: Someone Is Now Trying To Trademark 'Breakfast Burrito'
Trademark "Trademark Troll"
E
On the post: Beyond The Taco: Someone Is Now Trying To Trademark 'Breakfast Burrito'
Living in a border town... we know they should fail.
I live in Tucson, Arizona, north of Nogales (AZ, MX). Still within the CBP 100 miles of lawlessness, but hey, 9/11.
Burritos are literally "tortilla with stuff". They originated in Mexico, along with the tortillas. If you ate one for breakfast you had a "breakfast burrito." Big hint: North Carolina hasn't invented any food ever. (Hint: google search "north carolina indigenous cuisine" and then remove Krispy Kreme and other national chains and you'll end up with nothing.)
So there's that. It WAS USED PREVIOUSLY prior to the existence of the whole state. That already disqualifies it from being a trademark.
Second, it cannot generically describe the product... but then YES, THAT'S EXACTLY WHAT IT DOES!!! It's a freakin' breakfast burrito. That ALSO disqualifies it from being a trademark.
I suppose I should add the "confusion in the marketplace" thing -- except when you have a PREVIOUSLY EXISTING THING that EXISTS EVERYWHERE ELSE and is not UNIQUELY IDENTIFIED then expecting people to think it came from NorthCarolinaCo vs say Taco Bell... is unwise.
Ding. Fries are done.
E
On the post: Cops Are Running Ring Camera Footage Through Their Own Facial Recognition Software Because Who's Going To Stop Them
"Cops are not your friends..." -- until you need them?
When I was in elementary school, twice a year a local cop came and talked about the job they did. We were handed out little trinkets, and we thought that guy's job was really cool. "Cops are your friends" teachers and parents told me.
Years later, as a twenty-something I related this story. The person I was at the bar with asked "When a friend walks in here... what do you do... wave, right? But a cop walks in and you make sure your stuff is all good." ("Your paperwork is in order" to take it to Godwin.) Cops are not our friends...
...until one day when you or your loved one is attacked or your car is stolen or your house is burglarized... and then 911 and waiting for the cops to show up is the longest 5-10 minutes.
So back to the quoted line:
What does one do then, when one is the subject of a crime?
Ehud
On the post: Cops Are Running Ring Camera Footage Through Their Own Facial Recognition Software Because Who's Going To Stop Them
Anonymous Cowards calling Anonymous Cowards childish names
All Anonymous Cowards calling other Anonymous Cowards names are retards.
Your right to free expression is for the purpose of allowing you to speak and be heard without having to identify yourself. Insulting another anonymously ... when the first speaker is anonymous... well, guess who the "retard" is.
Hint: in 2019 it's not considered polite to even use that word... so you're not only abusing your privilege of Techdirt allowing you to speak without giving your name, you're being a total idiot about it.
E
On the post: Cable Execs Now Falsely Claiming Cord Cutting Is Slowing Down
Cable cutting statistics
The people who signed up for Disney+... how many of them are using Apple TV? How many are using Sling? How many are using Cloud DVR (Comcast and others)?
Analysis of data requires two things - data and analysis. Right now the data is missing the part which would allow correlation of who has what services... who of those are "cord-cutters", whether you cancel your video channel service with your cable company but keep the cable "cord" to stream video over IP you're a real "cord-cutter" or just count in someone's statistics (and if so whom and to what end) and finally
-- the most important stat --
How many hours of advertising free programming are "cord-cutters" watching, what premiums are they paying the cable companies and telcos to get their IP access, and how does that compare to the non-cord-cutters.
E
On the post: Daily Deal: NetGear Arlo VMC3030-100NAR HD Security Camera (Refurbished)
Arlo and clouds
I use this system. It does require access to the cloud as AC points out -- both for configuration and for storage. The death of the cloud would be the death of the camera, and if that's a consideration don't buy it. Otherwise, for up to 7 days storage the cost is included with the camera.
NB: I only use this as a consumer. I get no money or thrills from barely recommending it. If it was cloud free I'd be happier. I use the Ubiquiti cameras and NVR for secure stuff... although I've hacked it to do off-site storage.
E
On the post: Evangelical 'Financial Whiz' Who Apparently Hates Gossip, Sues YouTuber For Criticism
Re: Re:
It doesn't. It just takes finding gullible victims. This is how people like Trump and Nunez continue to be "electable" despite being charlatans and impostors.
Nobody wants to be the next Frank Abagnale Junior. They want to be successful grifters who get millions of spendable dollars, not small fake checks and free flights on flight decks of airlines.
The new goal is to be Jesse Duplantis or Donald Trump, not that busted guy from the 80's.
E
On the post: PSA: DirectTV Pushes Back By Mentioning All The Refunds For Blackouts Its Issued... To Customers That Asked
s/Colarado/Colorado
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