So the judge determined, based on the say of Microsoft, that their was good cause to believe that there were violations of the common law [tort] of negligencene
Without going into the pedantics of not being able to specifically violate/breach negligence since it isn't legislation this is quite true.
Except that Microsoft themselves now have negligently allowed through their actions harm to occur through their absolute breach of duty (since they so willingly state they have standing to acquire property they then have a duty to that property)
This is another instance of Microsoft's egotistical nature stating to all and sundry that they and they alone know best about how to do things and they can do no wrong, not to mention that they THINK own any data etc coming via their software/databases/pipes/whatever.
David Finn by his inane and vacuous comments has now placed himself in the firing line of all this.. Good job David, the moron award is in the bag for you this month/year.
I have a major suspicion he has no idea what the differences with civil and criminal laws actually are and conflates harm against an illusory and ambiguous thing against harm against society in general.
@Whatever: Criminal laws are specifically for the purpose of regulating conduct that may without those behavioural constraints cause specific harm & absolute damage to society itself.
Most criminal laws draw on the historical basis of trespass, whether that is trespass to property (larceny, theft, destruction of, unauthorised access -NOT usage, et.al.) or trespass to person (assault, battery, et.al)
The slippery slope of allowing alleged reputation damage (which is already structured as a tort under defamation - an offshoot of negligence) to also be a criminal act except in the most exigent of circumstances where no damage can be specifically shown either by causation or otherwise (its highly ambiguous and tenuous in the extreme) allows a whole range of actions to then be reclassified as criminal acts.
If you do not understand this, by all accounts keep telling yourself and everyone that classifying things you do not like as criminal is great, though do not be surprised that soon you yourself would then be criminally charged due to doing something that someone else might feel aggrieved over.
This whole comment of yours is absolute proof that not only are your comments getting more and more idiotic, but you really need to go back and punch the crap out of any person who ever taught you or told you you were *spechal* since they did you, your parents and the human race a pure disservice.
I'm actually in the legal profession dealing with both defense and prosecution and know exactly how much FUD the media spins due to violent crimes etc etc and how most homicides have actually decreased since the mid 70's WORLD WIDE, it's not just a USA phenomenon.
That's not what I was asking about.
You conveniently forgot the other statistic I talked about.
ie: Any Crimes where weapons (in particular firearms) are used to intimidate, harass, coerce, rob, assault, inflict harm, etc.
I wasn't just talking about homicides, though they are still on the high side per capita then anywhere else in the 'western' world. Once again it just shows you cannot see past the biased mindset that you already have against anyone who might take logic and show that the USA is a gun toting egocentric violent place compared to the rest of the planet.
Because as the other commentator stated you need to know the rules and regulations, be aware of responsibilities, have capacity to understand, and a few more things to actually own something that is NOT A RIGHT in Australia, nor is it a right in any other country other than the strangeness that is the USA!
Compare our gun violence and murder rate and violent crime rate per capita to the USA and you might see a MAJOR difference, though sadly only people either outside of the USA, or those who have studied or intelligently understand the idiocy that is your prevalence of a gun culture can understand how strange and wrong that actually is.
Oh and if your reasoning to have a 'right to bear arms' is to either protect yourself or to 'fight the power of govt corruption'... hows that working out for you? lol
Nah they took that out of the equation at last census.. Though it was absolutely hilarious and an absolute comparison to what this guy in the article is trying to accomplish ;)
I'm not a liberal believe it or not.. I'm Australian..
this is what we actually think, and for you to conflate religion with discrimination between women and race means you really ahve no idea.
Discrimination based on Religious is an offense in Australia, it's just that goes BOTH ways not just with the one sided inequity that is currently shown in America whereas if you don't believe in the one true baptist/protestant/catholic/judaic/charismatic deity then you are branded as a muslim -ie:terrorist (which is strange in its own right since Islam is just another offshoot of the Abrahamic religions), a communist (not even a religion), a satanist, or atheist, or 'liberal' (what that means no one freakin knows). And don't get me started on how America treats people of differing sexuality based on the stupid notion of religion.
Can you see the hypocrisy? Probably not, and therein lies the problem. As for your comment on how I might treat people.. I try to treat everyone equally unless they are inherently stupid and have no capacity to understand their idiocy.
Well lets see.. oh yeah AUSTRALIA for one does not allow politicians to be selected or chosen based on religious ideals in fact Religion is a verbotim subject in ANY election within Australia and only the fringe parties that are mostly of the charismatic bent proclaim "belief" as a guiding thing.
27% of Australians proclaim via our last census that they were absolutely NON religious (athiest/agnostic) and they are the ones who cared to answer the religious question which is NOT compulsory (unlike the rest) so yeah Australians don't really give a flying fuck about religion, most don't ask nor care if you are but if you try to shove it down our throats politically or otherwise we bite back HARD!
The Government just found this out by our High Court only recently (last week) declaring the funding of Chaplains in public schools as not only unconstitutional but also illegal.
Religion itself might not be the problem, but the idiocy of its worshippers certainly are IN ALL RELIGIONS!
Re: No affect on US law at all... until you try and change it
It's also very intriguing to a non American like myself who also understands and knows that unlocking phones in nearly every other country (other than some really despot regimes) is actually quite freakin legal.
So the question has to be asked.. Who screwed over America so bad on a one sided trade deal and can they teach everyone else this neat trick?
Or maybe the trade experts were confabulating? nah... they would never lie to anyone /sarc
Actually what would happen is that the Cable providers would risk having two (or more) opposing jurisdictional decisions..
And if they won in the other Jurisdiction's highest court (it doesn't have to only be Canada.. could be anywhere on the planet - or off it even) then that becomes absolute unless that jurisdiction kowtows to the USA and passes new legislation.
See SCOTUS decisions have no bearing or weight outside the USA other than as "oh look see what the silly yanks have done here" in most instances.
On the post: Microsoft Insists That No-IP 'Outage' Was Due To A 'Technical Error' Rather Than Gross Abuse Of Legal Process
Without going into the pedantics of not being able to specifically violate/breach negligence since it isn't legislation this is quite true.
Except that Microsoft themselves now have negligently allowed through their actions harm to occur through their absolute breach of duty (since they so willingly state they have standing to acquire property they then have a duty to that property)
This is another instance of Microsoft's egotistical nature stating to all and sundry that they and they alone know best about how to do things and they can do no wrong, not to mention that they THINK own any data etc coming via their software/databases/pipes/whatever.
David Finn by his inane and vacuous comments has now placed himself in the firing line of all this.. Good job David, the moron award is in the bag for you this month/year.
On the post: Facebook Fighting Against Massively Broad Warrant From NY District Attorney For All Information From 381 Accounts
Re: Probably cause?
On the post: Google Starts Disappearing Part Of The Internet In Europe
Re: Re: Re: Re:
On the post: The Future Is Now: Cheating In Online Games Leads To Arrests In Japan
Re: Re: Re: Re: Re: Re:
@Whatever: Criminal laws are specifically for the purpose of regulating conduct that may without those behavioural constraints cause specific harm & absolute damage to society itself.
Most criminal laws draw on the historical basis of trespass, whether that is trespass to property (larceny, theft, destruction of, unauthorised access -NOT usage, et.al.) or trespass to person (assault, battery, et.al)
The slippery slope of allowing alleged reputation damage (which is already structured as a tort under defamation - an offshoot of negligence) to also be a criminal act except in the most exigent of circumstances where no damage can be specifically shown either by causation or otherwise (its highly ambiguous and tenuous in the extreme) allows a whole range of actions to then be reclassified as criminal acts.
If you do not understand this, by all accounts keep telling yourself and everyone that classifying things you do not like as criminal is great, though do not be surprised that soon you yourself would then be criminally charged due to doing something that someone else might feel aggrieved over.
On the post: MPAA Issues Overly Broad Takedown Of Little Used Reddit Film Community; Creates Much Bigger Reddit Film Community
On the post: College Reacts To Negative Press By Attempting To Seal Court Documents Exposing Its Ridiculous Actions
I see what you did there Tim... I approve! ;)
On the post: College Reacts To Negative Press By Attempting To Seal Court Documents Exposing Its Ridiculous Actions
Re:
This whole comment of yours is absolute proof that not only are your comments getting more and more idiotic, but you really need to go back and punch the crap out of any person who ever taught you or told you you were *spechal* since they did you, your parents and the human race a pure disservice.
On the post: Australian Police Confiscate Pastafarian Man's Guns Because He Posed For His ID Card Wearing A Colander
Re: Re: Re: The worst part of this story....
That's not what I was asking about.
You conveniently forgot the other statistic I talked about.
ie: Any Crimes where weapons (in particular firearms) are used to intimidate, harass, coerce, rob, assault, inflict harm, etc.
I wasn't just talking about homicides, though they are still on the high side per capita then anywhere else in the 'western' world. Once again it just shows you cannot see past the biased mindset that you already have against anyone who might take logic and show that the USA is a gun toting egocentric violent place compared to the rest of the planet.
On the post: Australian Police Confiscate Pastafarian Man's Guns Because He Posed For His ID Card Wearing A Colander
Re: Re:
On the post: KlearGear Told To Pay $306,750 For Bogus Attempt To Shakedown Customer For Bad Review
Re: meanwhile
On the post: Australian Police Confiscate Pastafarian Man's Guns Because He Posed For His ID Card Wearing A Colander
Re: The worst part of this story....
Compare our gun violence and murder rate and violent crime rate per capita to the USA and you might see a MAJOR difference, though sadly only people either outside of the USA, or those who have studied or intelligently understand the idiocy that is your prevalence of a gun culture can understand how strange and wrong that actually is.
Oh and if your reasoning to have a 'right to bear arms' is to either protect yourself or to 'fight the power of govt corruption'... hows that working out for you? lol
On the post: Australian Police Confiscate Pastafarian Man's Guns Because He Posed For His ID Card Wearing A Colander
Re: Re: Re:
On the post: Australian Police Confiscate Pastafarian Man's Guns Because He Posed For His ID Card Wearing A Colander
Re: Re: Re:
this is what we actually think, and for you to conflate religion with discrimination between women and race means you really ahve no idea.
Discrimination based on Religious is an offense in Australia, it's just that goes BOTH ways not just with the one sided inequity that is currently shown in America whereas if you don't believe in the one true baptist/protestant/catholic/judaic/charismatic deity then you are branded as a muslim -ie:terrorist (which is strange in its own right since Islam is just another offshoot of the Abrahamic religions), a communist (not even a religion), a satanist, or atheist, or 'liberal' (what that means no one freakin knows). And don't get me started on how America treats people of differing sexuality based on the stupid notion of religion.
Can you see the hypocrisy? Probably not, and therein lies the problem. As for your comment on how I might treat people.. I try to treat everyone equally unless they are inherently stupid and have no capacity to understand their idiocy.
So how should I treat you?
On the post: Australian Police Confiscate Pastafarian Man's Guns Because He Posed For His ID Card Wearing A Colander
Re: Re: Re:
why I oughta!!! :)
On the post: Australian Police Confiscate Pastafarian Man's Guns Because He Posed For His ID Card Wearing A Colander
Re: Re: Re: Re: Looking the part
On the post: Australian Police Confiscate Pastafarian Man's Guns Because He Posed For His ID Card Wearing A Colander
Re:
27% of Australians proclaim via our last census that they were absolutely NON religious (athiest/agnostic) and they are the ones who cared to answer the religious question which is NOT compulsory (unlike the rest) so yeah Australians don't really give a flying fuck about religion, most don't ask nor care if you are but if you try to shove it down our throats politically or otherwise we bite back HARD!
The Government just found this out by our High Court only recently (last week) declaring the funding of Chaplains in public schools as not only unconstitutional but also illegal.
Religion itself might not be the problem, but the idiocy of its worshippers certainly are IN ALL RELIGIONS!
On the post: Australian Police Confiscate Pastafarian Man's Guns Because He Posed For His ID Card Wearing A Colander
Re:
On the post: A Year And A Half Later, Unlocking Your Phone One Step Closer To Being Legal
Re: No affect on US law at all... until you try and change it
So the question has to be asked.. Who screwed over America so bad on a one sided trade deal and can they teach everyone else this neat trick?
Or maybe the trade experts were confabulating? nah... they would never lie to anyone /sarc
On the post: New Research Shows Digitization Results In Routine Lock-Down Of Public Domain Books
Re: Re: Re: Re:
*crickets*
On the post: Supreme Court Uses The Bizarre 'Looks Like A Cable Duck' Test To Outlaw Aereo
Re:
And if they won in the other Jurisdiction's highest court (it doesn't have to only be Canada.. could be anywhere on the planet - or off it even) then that becomes absolute unless that jurisdiction kowtows to the USA and passes new legislation.
See SCOTUS decisions have no bearing or weight outside the USA other than as "oh look see what the silly yanks have done here" in most instances.
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