The fact that there are individuals on the internet adverse to plaintiff’s litigation strategy is irrelevant. However, the court’s ability to address blatant and willful discovery violations is very relevant. [emphasis added]
The difference between comedy and tragedy is that comedy is when you see some other idiot hurting themselves or saying something stupidly.. tragedy is when you do it yourself.
PLEASE UNDERSTAND THAT YOUR COMMENT IS PURE COMEDY!
Do I hypothetically sign your name to a loan and receive monies or goods that I don't have to pay fror since it is in your name. I have taken value from you..
Interestingly NO ONE CALLS THIS THEFT!
THIS IS CALLED FRAUD!
Oh and if you can 'smell' theft.. I would seriously consider getting a CATscan since there is something seriously wrong with your olfactory senses.
There are cases where 'copyright theft' crime is a real thing
No there isn't..
You can NOT steal something that is intangible. The only thing you could steal under the old US system was the physical certificate of registration and claim that it was registered by someone other than the original registrant.. This is commonly called Fraud and document theft.
As for copyright which is a legal fiction of an intangible 'right' (though not a Natural right) it CANNOT be stolen since it is automatically applied to any and all created works. It can only be infringed upon or fraudulently claimed.
I agree wit you, the same law is in Australia and New Zealand as well (mostly covered under either Contract law as inter vivo gifts or Consumer law)
Though the problem occurs when there has been prior agreements with the consumer and seller ie: if the consumer has shown any intent to purchase by purchasing one item (as in the case here) then the goods non intentionally sent (no invitation to treat) may not be considered unsolicited.
It boils down to whether or not there was a "reasonable cause to believe that they were delivered for legitimate business" and had not previously agreed to acquire them.
Thhough interestingly under the UK's Consumer Protection Regulations 2000 there could be criminal liabilities on the seller in question since it is an actual criminal offense to: [regs 24(4), 24(5)(a,b,c)] Assert a right of payment for the goods , or Threaten to take legal action with regard the goods, or Threaten to Place the recipients name on a 'black-list', or Invoke or threaten to invoke any collection procedure
Though this whole LENS idea is great, it only works when one assumes that the information within each individual patent on how to replicate the innovation/technology/method actually true and correct.
What is this very much American infatuation and worshipping of Apple. And yes it's still a form of worshipping to even create a project that's only raison d'être is to break a product that is the reason for the whole problem in the first place!
Do what the rest of the world does and work with anything except Apple and maybe Apple might lose the market hold they currently have with the US market (they have lost it with the rest of the world thank gawd) and lo & behold get that so needed kick in their proverbial whatsits and actually create a product that is WHAT PEOPLE NEED instead of What people are TOLD they WANT.
Ah but that would be logical and consumer friendly, and no one ever accused the American markets of that ;)
As for point 1: Could we really reduce poverty by giving everyone a minimum monthly income? This concept isn't exactly a new idea, but it's making the rounds -- but will any country (or town?) really try to implement a social welfare program that gives away money to everyone? [emphasis added]
Australia already does this, it has a federally mandated minimum wage that MUST be paid to all employees for any job. The minimum wage is based on CPI and changes accordingly.
Australia already has a huge unemployment welfare system that gives a minimum 'livable' income to anyone who is unemployed and actively either looking for work, training, or cannot for whatever reason (medical, psychological, or hardship) look for work and is ongoing! (Currently for a single person over 25 approx $250 minimum per week + things like rent assistance etc)
The system isn't perfect, there are always people who will try to defraud it but it works and with the social medical system already in place plus free public schooling and highly subsidized tertiary education (ie: IT degree will only cost approx $35K and paid back interest free using 4% of salary when a job is obtained that earns over $40K per annum).
I would state that yes point 1 is totally done by Australia.
Oh and what country had no problems and didn't fall down in a huge economic craphole during the GFC???? hmmmm
Ok firstly this is NOT a request its now a motion in the Senate backed by the MAJORITY of the Senate and the Australian Government (House of Representatives) which is currently controlled by the Liberal/National Coalition Parties MUST comply otherwise it can face dismissal (ie: the whole government is actually sacked and a new election occurs)
As for anyones argument that they wont release the COMPLETE and TRUE copy of the TPP Treaty before any signage due to it being a part of the negotiation treaty not to release the documents.. that doesn't hold any sway under Australian law since if they do that (any Minister, Politician, or Bureaucrat) they are then in contempt of the Senate and also would face criminal charges under Australian law.
The reasons that this motion will pass the Senate and will become a Compelling Order is that the Investor State Dispute Settlement (ISDS) provisions have been revealed to be still part of the treaty that the Aust Government is willing to sign and the Senate believes, and rightly so, that "These provisions and others within the agreement pose a real a threat to Australia’s public interest laws that protect our environment and rural industries, and underpin public health".
On the post: Funniest/Most Insightful Comments Of The Week At Techdirt
IF you're looking for Special comments go no further than any by OOTB..
Oh wait..
misread that... thought it said SPECH-AL! ;)
On the post: Yet Another Court Not Happy With A Prenda Lawyer
To quote Grandpa Simpson: That's a paddlin!
On the post: Facebooking Woman Takes A Long Walk Off A Short Pier
Re:
PLEASE UNDERSTAND THAT YOUR COMMENT IS PURE COMEDY!
On the post: Facebooking Woman Takes A Long Walk Off A Short Pier
Re: Re: That can't be right...
I love it here.
As for this woman... had to be a Victorian LOL
On the post: Disappointing: Google Releases... Then Removes Great Privacy Feature From Android
Re: For developers...
Sometimes called the if-Then-else structure
1. LEARN IT
2. Use it
3. APPLY IT
4. Profit!
Otherwise just go back to writing goto/gosubs and stop whinging
On the post: Disappointing: Google Releases... Then Removes Great Privacy Feature From Android
Re: Re: Re: Re:
Jailbreaking - Allow a phone to use software other than provided or from 'authorised' sources. {mainly applies to Apple products)
Unlocking - Allow a phone to use any carrier service of the users choice.
Rooting - allow full administrative and debug access to the phones underlying system. This can either be OS, ROM, BIOS, or combination of all.
To Jailbreak or not is a EULA problem
To Unlock or not is a contractual problem
To Root or not is an ownership problem
On the post: Facebook Is Tracking When You Write Something... And Then Decide To Delete It Rather Than Post It
Re: Re:
muwahahahahaha
On the post: Facebook Is Tracking When You Write Something... And Then Decide To Delete It Rather Than Post It
Re: Re: Still a few bugs in this alpha test of my bot!
Never thought you'd be interested in Teledildonics... wait
On the post: Facebook Is Tracking When You Write Something... And Then Decide To Delete It Rather Than Post It
Re: Re:
That leaves 10% that aren't complete and utter idiots.. Your being generous today?
You feeling ok?
;)
On the post: Non-Political Ad For Political Game Banned For Being Political
Does that mean its a "Fantasy" Role playing game?
On the post: Music Industry Paper With '50 Years' At The 'Forefront' Of The Business Details Sentencing Of 'Copyright Thief'
Re:
Interestingly NO ONE CALLS THIS THEFT!
THIS IS CALLED FRAUD!
Oh and if you can 'smell' theft.. I would seriously consider getting a CATscan since there is something seriously wrong with your olfactory senses.
On the post: Music Industry Paper With '50 Years' At The 'Forefront' Of The Business Details Sentencing Of 'Copyright Thief'
Re: Copyright theft CAN exist
No there isn't..
You can NOT steal something that is intangible. The only thing you could steal under the old US system was the physical certificate of registration and claim that it was registered by someone other than the original registrant.. This is commonly called Fraud and document theft.
As for copyright which is a legal fiction of an intangible 'right' (though not a Natural right) it CANNOT be stolen since it is automatically applied to any and all created works. It can only be infringed upon or fraudulently claimed.
On the post: Music Industry Paper With '50 Years' At The 'Forefront' Of The Business Details Sentencing Of 'Copyright Thief'
WOOT!!!
On the post: UK Retailer Goes Legal After Shipping PS Vitas To Customers Who Just Bought A Game
Re: Re:
Though the problem occurs when there has been prior agreements with the consumer and seller ie: if the consumer has shown any intent to purchase by purchasing one item (as in the case here) then the goods non intentionally sent (no invitation to treat) may not be considered unsolicited.
It boils down to whether or not there was a "reasonable cause to believe that they were delivered for legitimate business" and had not previously agreed to acquire them.
Thhough interestingly under the UK's Consumer Protection Regulations 2000 there could be criminal liabilities on the seller in question since it is an actual criminal offense to: [regs 24(4), 24(5)(a,b,c)]
Assert a right of payment for the goods , or
Threaten to take legal action with regard the goods, or
Threaten to Place the recipients name on a 'black-list', or
Invoke or threaten to invoke any collection procedure
OOPS!!! ;)
On the post: Bringing Transparency Back To The Patent System With 'Innovation Cartography'
On the post: Crowdfunded Prize For Open Source Jailbreaking iOS7 To Improve Accessibility
Re: Choose with your wallet
What is this very much American infatuation and worshipping of Apple. And yes it's still a form of worshipping to even create a project that's only raison d'être is to break a product that is the reason for the whole problem in the first place!
Do what the rest of the world does and work with anything except Apple and maybe Apple might lose the market hold they currently have with the US market (they have lost it with the rest of the world thank gawd) and lo & behold get that so needed kick in their proverbial whatsits and actually create a product that is WHAT PEOPLE NEED instead of What people are TOLD they WANT.
Ah but that would be logical and consumer friendly, and no one ever accused the American markets of that ;)
On the post: DailyDirt: Charity 2.0
Could we really reduce poverty by giving everyone a minimum monthly income? This concept isn't exactly a new idea, but it's making the rounds -- but will any country (or town?) really try to implement a social welfare program that gives away money to everyone? [emphasis added]
Australia already does this, it has a federally mandated minimum wage that MUST be paid to all employees for any job. The minimum wage is based on CPI and changes accordingly.
Australia already has a huge unemployment welfare system that gives a minimum 'livable' income to anyone who is unemployed and actively either looking for work, training, or cannot for whatever reason (medical, psychological, or hardship) look for work and is ongoing! (Currently for a single person over 25 approx $250 minimum per week + things like rent assistance etc)
The system isn't perfect, there are always people who will try to defraud it but it works and with the social medical system already in place plus free public schooling and highly subsidized tertiary education (ie: IT degree will only cost approx $35K and paid back interest free using 4% of salary when a job is obtained that earns over $40K per annum).
I would state that yes point 1 is totally done by Australia.
Oh and what country had no problems and didn't fall down in a huge economic craphole during the GFC???? hmmmm
On the post: Australian Politicians Call For TPP Text To Be Made Public Before It's Signed
This motion WILL pass the Senate
As for anyones argument that they wont release the COMPLETE and TRUE copy of the TPP Treaty before any signage due to it being a part of the negotiation treaty not to release the documents.. that doesn't hold any sway under Australian law since if they do that (any Minister, Politician, or Bureaucrat) they are then in contempt of the Senate and also would face criminal charges under Australian law.
The reasons that this motion will pass the Senate and will become a Compelling Order is that the Investor State Dispute Settlement (ISDS) provisions have been revealed to be still part of the treaty that the Aust Government is willing to sign and the Senate believes, and rightly so, that "These provisions and others within the agreement pose a real a threat to Australia’s public interest laws that protect our environment and rural industries, and underpin public health".
On the post: Xbox, PS4 Games Hitting Swearing Gamers With Technical Fouls
Re:
On the post: Xbox, PS4 Games Hitting Swearing Gamers With Technical Fouls
Re: Shit...
For us old hands here at TD this is NOT an unusual or new concept ;)
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