Diplomatic immunity does not mean they cannot be arrested, processed and then released under the Diplomatic Immunity protocols, though they then must immediately leave the jurisdiction. Diplomatic immunity allows any charges not to apply for court matters!
Also for certain offenses Diplomatic immunity does NOT apply, and the protection of citizens and property is paramount.
Re: Re: Re: Re: "Now remember son, don't say or do anything. At all. Just sit there and try to look harmless."
>> the prosecution cannot use such evidence in a criminal trial
Actually that isn't fully correct due to the Adverse interference part of the Justice and Public Order Act 1994 (UK)
(Drawn form the same Wikipedia article - because I'm lazy) Adverse inferences may be drawn in certain circumstances where before or on being charged, the accused: * fails to mention any fact which he later relies upon and which in the circumstances at the time the accused could reasonably be expected to mention; * fails to give evidence at trial or answer any question; * fails to account on arrest for objects, substances or marks on his person, clothing or footwear, in his possession, or in the place where he is arrested; or * fails to account on arrest for his presence at a place.
This is also specifically a part of the standard caution that Police give anyone once arrested in the UK
"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."[emphasis added]
NSW, Australia now has a similar thing law on inference which is very contentious though has not been really tested yet either.
>> International Grassroots Campaigns $8,903,548 * Paid to MARKETING COMPANIES and Celebrities that are members of PETA
>> Public Outreach and Education $12,528,963 * Paid to MARKETING COMPANIES and Celebrities that are members of PETA
>> Research, Investigations, and Rescue $14,745,352 * Paid to MARKETING COMPANIES, Data Analysis & Research companies (owned or controlled by PETA members) and Legal Counsel
>>> Cruelty-Free Merchandise Program $928,381 Actual money from Merchandise bought by disillusioned souls that believe the confabulations that PETA is an animal welfare organisation instead of its true purpose of making money for itself and it's upper echelon of celebrities (Quasi Scientology in other words)
>> Membership Development $6,963,668 have to pay these celebrities and members something to develop ways to disillusion the masses.
Seeded data (which is what you are talking about) unless specifically stated as seeded is still not copyrightable if it is pure numerical data.
Names of streets, or towns that do not exist is entirely different. Though if the street name etc is misspelt (which is a way to seed as well) that too is not copyrightable.
In this case anyway, the codes used by the API MUST exist for the API to even post them and are not seeded. Though if the actual data itself is, that creates other problems that brings the whole API data into a new world of mistrust.
It's exactly the same here (Australia) and NZ, Canada, etc. It's like "fight club" :)
This doesn't mean Juries aren't using it, and won't, especially for a case like this where the jury pool would be hugely on the side of Apple. And yes I know your weird voir dire procedures would try to stop it, but that there shows prejudicial problems with the US system too.
It would not meet the elements of tampering since it is designed to do it on ALL loads not specific ones. Also the criminality of this would be against Apple not the actual DoJ/FBI Apple would be a very hostile witness and the FBI/DoJ would have to initiate charges.
Do you really not understand Jury nullification over there? and how bad a PR nightmare this would actually be for your whole justice system
>>> Yes, but the difference is that the courts are not compelling the engineers... Apple is. it would be a stand against their employer, not against the work. Mixed message?
Wrong.. The court would be compelling Apple to MAKE their employees do something that Apple themselves fought tooth and nail NOT to do. Therefore the court is specifically compelling the Engineers who work for Apple to perform an action. To state otherwise is a pure dissonance.
>>> It's just a bad place to make a stand that will harm the company, and not the FBI or the court that ordered it.
Again it is like you cannot understand basic ethics. The Engineers are in an ethical quandary of NOT doing something that in their opinion (and a lot of others) would harm society as a whole, or doing something that will ultimately in the long term, no matter what, destroy the company that they work for. This is NOT a hard decision.
Apple has only a large market share in North America (and maybe japan), whereas everywhere else they are competing very badly with Android devices. If the court either orders Apple to comply with the original order, or the US government invoke the other method to acquire source code it will strike a death blow for Apple in the Mobile market worldwide and even in the USA. It could even destroy Apple's Computer market too (though not as fast).
On the Engineers side it's all about Ethics, and if they could live with the role they might play in not only maybe destroying the company they love, but also having other people know that they contributed to something that nearly Every One of their peers thinks is abhorrent.
Me.. I'd quit in a heartbeat and let the court and the media and the DoJ know publicly that that is the specific reason.
Though if I was a cynical person, I might be worried that the DoJ enact some weird wonderful law from the 17oo's that made me have to do the work anyway on pain of incarceration on charges of treason/sedition or something similar.
It just means that he sacked his Counsel and they still allegedly still sent him a bill for billable hrs that they may or may not have done.
The other point you asked below is obviously because Trkulja was bullshitting since his command of English is actually quite good and ALWAYS has been. What I make out of that statement is that someone has been confabulating to the court.
in other words Trkulja doesn't like paying his bills, tries to act the victim by making people feel sorry for him and is a huge Egotist.
Am I correct Trkulja? Hey Gibson - Can you see that LRO is getting closer by the moment based on past histrionics? I like my new hobby!
It seems Mr Trkulja has now named his elusive "Senior Australian Defamation QC" and it turns out to be a solicitor who seems to have a very dim understanding of how to communicate civilly and without showing confrontational bias on their clients behalf. Not to mention complete lack of understanding with US law, reciprocity, comity, and even parts of relevant Australian law too it seems.
I'm also wondering if they have held themselves out to be a QC/SC to their client (which would be a huge problem for them) or that their client is just a blithering egotist with a few too many roos loos in their top paddock (translation: batshit crazy)... I'll go with the last one.
It also seems that as part of the appendix/addendum to the letter that a whole heap of extraneous and non relevant comments have been included with mine being in their as well. Does Mr Gibson imply that myself is also a party to these matters? Does he really want to cast a wide net and capture huge sharks that neither he nor his client really want to antagonise into making themselves and the firm of MO a nice hobby of distraction for someone who likes a challenge and loves making examples?
As to the letter itself. From first read I am of the opinion that: * Mr Gibson and his client reside within the State of Victoria where 'gangster' is also used as a slang term; * Mr Gibson and his client reside within Australia where both 'arrogant' and 'poorly researched' commentary are NOT actionable under any Act nor legislation whatsoever, though Irony is absolutely held up to be ridiculed and condemned. * Mr Gibson by virtue of his antagonistic tone, threatening bluster and lack of candor should consider doing a LOT of CPD with emphasis on E≺ * That Mr Gibson's client has shopped around until he has found a Firm idiotic enough (or IMO hungry enough) to take up his alleged wrong; * That Mr Gibson mentions two 'concerns notices' with one (by his client) that could not of been a concern notice under the Act and even one that is irrelevant to Techdirt since it is to another entity entirely (Though I'm wondering if counsel for Google will understand why their concern notice - if they got one - has now been enjoined with this one - could this itself be a breach of privacy under Australian APP laws or worse - only time will tell); * That Mr Gibson's client based on patterns of behaviour over the last number of years could be a prime contender for an LRO (limited or extended) under the brilliant Victorian Vexatious Proceedings Act (2014) that now due to the attached comment section anyone in their (especially including myself) has a sufficient interest in the matter for standing.
As to the "not for publication" bold type, Mr Gibson like anyone in his position knows that it is pure bluster and intimidation and has no legal weight within Australia, or anywhere, whatsoever (even the stock template footer has no legal weight and is just a standard CYA statement) and like a lot of bullies will be quite unhappy and will most likely act out when called on it (a bit of due diligence before sending these sorts of things would go a long way to stop being looked at as a fool - though I digress).
Now to the "One could not conceive a more defamatory reference than that" statement in relation to the calling of someone a gangster in Australia. Mr Gibson like his client needs to consider all bane and antidote context and actually get out into the actual community at large and listen. Even a few hrs inside the local Magistrates' Court whilst in session would remove you of that fallacious idea, or just stay in the marshmallow sensitive and constrictive cave you currently seem to both reside in.
Personally I would normally just refer you to the reply in Arkell v. Pressdram (1971) [unreported] but hey I'm bored and need a new hobby.
On the post: Nothing About The Story Of An Artist Being Threatened With A Lawsuit Over A Painting Of A Small-Dicked Donald Trump Makes Sense
and this was not obvious from the beginning with this dick?
On the post: Baseball Equipment Makers In Trademark Spat Over The Word 'Diamond'
You put a rhombus on your bats and think they are diamonds...
oh wait!
On the post: Turkish President Comes To The US, Pretends That It Can Silence And Attack The Press Like It Does At Home
Re: Re: Re: A Different Angle
Also for certain offenses Diplomatic immunity does NOT apply, and the protection of citizens and property is paramount.
On the post: In the Wake Of The Latest Terrorist Attacks, Here's A Rational Approach To Saving Lives
Re: Re: Re: Re: What does "instead" mean?
On the post: If You Want To Know How Supporting Techdirt Can Help Shift The Debate In Washington DC, Read This
Re: Re: Re: reading Techdirt every day was like taking a college course
I've always wondered how the trolls and shrills haven't put together their own crowdfunder for this :)
Oh and what's with the extra $1 from what it used to be? Inflation? or did Dark Helmet up his price! bwahahahahaha
On the post: Court Dismisses Dumb Trademark Suit Between Dairy And Fishing Tackle Companies
Moooooooooooooot!
On the post: Mike Masnick Explains: Apple Versus The FBI
Just two slight critical suggestions:
1. You don't need to have every single word displayed as a single slide, it's slightly annoying and distracts from the commentary.
2. slow down when speaking by about 5bpm or more. People might get confused that your an Aussie ;)
On the post: UK Teachers Report 4 Year Old Boy To The Terrorism Police For Drawing A Cucumber
Re: Re: Re: Re: "Now remember son, don't say or do anything. At all. Just sit there and try to look harmless."
Actually that isn't fully correct due to the Adverse interference part of the Justice and Public Order Act 1994 (UK)
(Drawn form the same Wikipedia article - because I'm lazy)
Adverse inferences may be drawn in certain circumstances where before or on being charged, the accused:
* fails to mention any fact which he later relies upon and which in the circumstances at the time the accused could reasonably be expected to mention;
* fails to give evidence at trial or answer any question;
* fails to account on arrest for objects, substances or marks on his person, clothing or footwear, in his possession, or in the place where he is arrested; or
* fails to account on arrest for his presence at a place.
This is also specifically a part of the standard caution that Police give anyone once arrested in the UK
"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."[emphasis added]
NSW, Australia now has a similar thing law on inference which is very contentious though has not been really tested yet either.
On the post: PETA, Pretending It Can Represent A Photogenic, Selfie-Snapping Monkey In Indonesia, Has Appealed Its Copyright Loss
Re: Re:
Lets break the figures down shall we?
>> International Grassroots Campaigns $8,903,548
* Paid to MARKETING COMPANIES and Celebrities that are members of PETA
>> Public Outreach and Education $12,528,963
* Paid to MARKETING COMPANIES and Celebrities that are members of PETA
>> Research, Investigations, and Rescue $14,745,352
* Paid to MARKETING COMPANIES, Data Analysis & Research companies (owned or controlled by PETA members) and Legal Counsel
>>> Cruelty-Free Merchandise Program $928,381
Actual money from Merchandise bought by disillusioned souls that believe the confabulations that PETA is an animal welfare organisation instead of its true purpose of making money for itself and it's upper echelon of celebrities (Quasi Scientology in other words)
>> Membership Development $6,963,668
have to pay these celebrities and members something to develop ways to disillusion the masses.
On the post: French Police Report On Paris Attacks Shows No Evidence Of Encryption... So NY Times Invents Evidence Itself
On the post: Oil Industry Group Claims Copyright On Oil Pricing Data, Gets Twitter To Delete Tweets
Re: Facts can not be copyrighted...
Names of streets, or towns that do not exist is entirely different. Though if the street name etc is misspelt (which is a way to seed as well) that too is not copyrightable.
In this case anyway, the codes used by the API MUST exist for the API to even post them and are not seeded. Though if the actual data itself is, that creates other problems that brings the whole API data into a new world of mistrust.
On the post: Apple Engineers Contemplate Refusing To Write Code Demanded By Justice Department
Re: Re: Re: Re: Sarcasm warning
This doesn't mean Juries aren't using it, and won't, especially for a case like this where the jury pool would be hugely on the side of Apple. And yes I know your weird voir dire procedures would try to stop it, but that there shows prejudicial problems with the US system too.
On the post: Apple Engineers Contemplate Refusing To Write Code Demanded By Justice Department
Re: Re: Sarcasm warning
Do you really not understand Jury nullification over there? and how bad a PR nightmare this would actually be for your whole justice system
On the post: Apple Engineers Contemplate Refusing To Write Code Demanded By Justice Department
Re: Re: Re: Doesn't work out
Wrong.. The court would be compelling Apple to MAKE their employees do something that Apple themselves fought tooth and nail NOT to do. Therefore the court is specifically compelling the Engineers who work for Apple to perform an action. To state otherwise is a pure dissonance.
>>> It's just a bad place to make a stand that will harm the company, and not the FBI or the court that ordered it.
Again it is like you cannot understand basic ethics. The Engineers are in an ethical quandary of NOT doing something that in their opinion (and a lot of others) would harm society as a whole, or doing something that will ultimately in the long term, no matter what, destroy the company that they work for. This is NOT a hard decision.
Apple has only a large market share in North America (and maybe japan), whereas everywhere else they are competing very badly with Android devices. If the court either orders Apple to comply with the original order, or the US government invoke the other method to acquire source code it will strike a death blow for Apple in the Mobile market worldwide and even in the USA. It could even destroy Apple's Computer market too (though not as fast).
On the Engineers side it's all about Ethics, and if they could live with the role they might play in not only maybe destroying the company they love, but also having other people know that they contributed to something that nearly Every One of their peers thinks is abhorrent.
Me.. I'd quit in a heartbeat and let the court and the media and the DoJ know publicly that that is the specific reason.
Though if I was a cynical person, I might be worried that the DoJ enact some weird wonderful law from the 17oo's that made me have to do the work anyway on pain of incarceration on charges of treason/sedition or something similar.
On the post: Author Sues Half The Internet For Defamation, Copyright Infringement, Cyberbullying, Use Of Section 230
Re:
On the post: The Donald Sends Cease And Desist Threat To Band Over The Use Of His Name In Music And Video
isn't it obvious. According to modern culture the first rule of Fight Clvb is you NEVER talk about Fight Clvb
and according to Donald, the first rule in his head is you NEVER talk badly about Donald.
On the post: Congress Seems Pretty Angry About The FBI's Belief That The Courts Can Force Apple To Help It Get Into iPhones
Every keeps up this illusion that they 'messed up', the Digital Forensic's guys I know from the FBI etc are NOT that dumb.
Though there puppet masters Might be that sneaky and tactical to create a mess so that they can then confront Apple..
But hey, I'm cynical.. what do I know
On the post: Our Response To Yet Another Bogus Legal Threat From Australia: Go Learn Some Law
Re: Trkulja v Gibsons Solicitors
The other point you asked below is obviously because Trkulja was bullshitting since his command of English is actually quite good and ALWAYS has been. What I make out of that statement is that someone has been confabulating to the court.
in other words Trkulja doesn't like paying his bills, tries to act the victim by making people feel sorry for him and is a huge Egotist.
Am I correct Trkulja? Hey Gibson - Can you see that LRO is getting closer by the moment based on past histrionics? I like my new hobby!
On the post: Our Response To Yet Another Bogus Legal Threat From Australia: Go Learn Some Law
Re: Re: Old Links
He has also been involved in a fair few other similar cases.
On the post: Our Response To Yet Another Bogus Legal Threat From Australia: Go Learn Some Law
It seems Mr Trkulja has now named his elusive "Senior Australian Defamation QC" and it turns out to be a solicitor who seems to have a very dim understanding of how to communicate civilly and without showing confrontational bias on their clients behalf. Not to mention complete lack of understanding with US law, reciprocity, comity, and even parts of relevant Australian law too it seems.
I'm also wondering if they have held themselves out to be a QC/SC to their client (which would be a huge problem for them) or that their client is just a blithering egotist with a few too many roos loos in their top paddock (translation: batshit crazy)... I'll go with the last one.
It also seems that as part of the appendix/addendum to the letter that a whole heap of extraneous and non relevant comments have been included with mine being in their as well. Does Mr Gibson imply that myself is also a party to these matters? Does he really want to cast a wide net and capture huge sharks that neither he nor his client really want to antagonise into making themselves and the firm of MO a nice hobby of distraction for someone who likes a challenge and loves making examples?
As to the letter itself. From first read I am of the opinion that:
* Mr Gibson and his client reside within the State of Victoria where 'gangster' is also used as a slang term;
* Mr Gibson and his client reside within Australia where both 'arrogant' and 'poorly researched' commentary are NOT actionable under any Act nor legislation whatsoever, though Irony is absolutely held up to be ridiculed and condemned.
* Mr Gibson by virtue of his antagonistic tone, threatening bluster and lack of candor should consider doing a LOT of CPD with emphasis on E≺
* That Mr Gibson's client has shopped around until he has found a Firm idiotic enough (or IMO hungry enough) to take up his alleged wrong;
* That Mr Gibson mentions two 'concerns notices' with one (by his client) that could not of been a concern notice under the Act and even one that is irrelevant to Techdirt since it is to another entity entirely (Though I'm wondering if counsel for Google will understand why their concern notice - if they got one - has now been enjoined with this one - could this itself be a breach of privacy under Australian APP laws or worse - only time will tell);
* That Mr Gibson's client based on patterns of behaviour over the last number of years could be a prime contender for an LRO (limited or extended) under the brilliant Victorian Vexatious Proceedings Act (2014) that now due to the attached comment section anyone in their (especially including myself) has a sufficient interest in the matter for standing.
As to the "not for publication" bold type, Mr Gibson like anyone in his position knows that it is pure bluster and intimidation and has no legal weight within Australia, or anywhere, whatsoever (even the stock template footer has no legal weight and is just a standard CYA statement) and like a lot of bullies will be quite unhappy and will most likely act out when called on it (a bit of due diligence before sending these sorts of things would go a long way to stop being looked at as a fool - though I digress).
Now to the "One could not conceive a more defamatory reference than that" statement in relation to the calling of someone a gangster in Australia. Mr Gibson like his client needs to consider all bane and antidote context and actually get out into the actual community at large and listen. Even a few hrs inside the local Magistrates' Court whilst in session would remove you of that fallacious idea, or just stay in the marshmallow sensitive and constrictive cave you currently seem to both reside in.
Personally I would normally just refer you to the reply in Arkell v. Pressdram (1971) [unreported] but hey I'm bored and need a new hobby.
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