There are certainly some limits, but this doesn't appear to come close to those limits.
CNN can't search for some uninvolved person willing to make outrageous claims, and then report a quote as if it has validity.
But this is quoting the lawyers for a major figure directly involved in the situation and, as it turns out, a person that has provably been in communication with Devin Nunes. It's absolutely newsworthy. I don't see their reporting as even being in a grey area, let alone coming close to the line.
We should be awed that Greg Mavronicolas is involved in this trademark filing.
He is on the 2018 'New York Metro Super Lawyers Rising Stars' list.
The last time I heard about the Super Lawyer list was one of the Prenda appeals, where one of the judge noted that the lawyer was "Super", and clearly gave him the respect that designation deserved.
Greg appears to be remarkably talented, as he specializes in everything. That ranges from commercial real estate transactions to FTC compliance, including commercial litigation and international arbitration. Unlike those large stodgy firms that limit themselves to narrower areas of expertise, he apparently knows everything.
The only obviously lie that we have right now is that Nunes was untruthful when he said that he didn't talk to Lev. Nunes didn't expect that there would be phone billing records.
My guess is that Nunes missed many other details. The paper trail has already tripped him up just a few days into his lawsuit. You can deny everything and spread manure on TV talk shows, but once you get into court your claims and comments aren't forgotten by the next news cycle.
I understand that these lawsuits are all about harassment, and that they are usually very effective.
But I fail to see how this one can accomplish its goal. He's not suing a cow, which presumably has very modest resources to hire lawyers, risks losing its life savings, and doesn't have thumbs. He is suing CNN, which has staff lawyers, makes money over big headlines, and certainly looks forward to the prospect of forcing this plaintiff into discovery.
You can be certain that Nunes understands first amendment law quite well. He also understands the legal system, and how it can used to unjustly bludgeon his opponents. Just like a military defense, it costs far more to defend against every possible attack than it costs to launch an attack.
They picked that specific vehicle because Volvo has a class-leading safety system. And then they disabled it.
NTSB reports generally doesn't lay blame on specific parties. Doing so would impair their ability to work with companies in future incidents, and their reports are usually clear enough that you don't have to guess. It will be interesting to see how they conclude this investigation.
I draw a distinction between a lie and a falsehood....
Yes, that was a statement that stood out for me as well.
The lawyer had a tough case to argue. But I wonder if he really thought that statement was going to fly. Perhaps it sounded good in the middle of the night after putting in long hours trying to figure out how to spin the situation. Or perhaps that is his go-to statement when any client is caught in a lie, uhmm, falsehood. Except that in this case it was a signed report agreed upon by multiple officers that was later proven to made up.
Once again I'm amazed at the audacity of police falsehoods. In the past I certainly would have believed the police claims were substantially correct. Video evidence that proves their claims wildly untruthful throws doubt on every police report.
One of the major disputes between the U.S. and Venezuela was that Venezuela nationalized the oil fields. The government took over the oil fields, paying the major oil companies that 'owned' them (had exploitation rights, had risked the exploration costs, and had paid for and built the infrastructure) far less than the projected profits or market value.
There is lots of room to argue about the investment value, market value, eminent domain, etc. But the action was nominally legal if you stood far enough away.
It's hard to see how this action passes even standard.
Shouldn't Sink Sr. be suing the entity that created the naming conflict in the first place? Rather than waiting for decades. When was he first made aware of the name conflict? Wasn't that an appropriate time to notify the defendant?
We can be pretty certain they have not been oblivious to their own demise.
The phrase "the company is saddled with debt" means that the upper management and board of directors has already decided to cash out of the business. The net income is likely just barely enough to service the debt, making the company's net worth close to zero. Perhaps even less. Anyone group buying should expect losses, and have profit elsewhere that it needs to offset. Or expect to be really efficient at running the business and extracting all value from the reputation (which usually involves destroying it).
The defense filings show that some of these designs have been produced by others for about a half century.
If they thought that they had "IP Rights" in the design, they should have asserted them long ago. A court would have ruled on the issue. The validity and bounds of their rights would have been known.
Of course back then they would likely have been laughed out of the courtroom.
From the ongoing lawsuit we've seen that they likely don't have an enforceable claim on the guitar shape. This seems like an attempt to get makers to agree to a license fee that would be enforceable even if the court decides that Gibson has no otherwise enforceable rights.
I'm sure that this filing didn't come out of the blue. Gibson's lawyers were almost certainly forewarned by Dean's lawyers.
With this filing we now get a clue about Gibson's sudden change: they didn't have a change of perspective, they cynically put out stories to the press to get out in front of the upcoming bad PR. This filing, with its extensive set of 'V' and 'Z' guitars from other makers over several decades, makes it clear that Gibson has a weak case with grossly exaggerated claims.
A fundamental principle of economics is "excess value". You don't purchase something unless it delivers value significantly in excess of its price. If its price exactly matches it value, "frictional factors" such as risk, transaction cost, opportunity cost, etc mean that the rational choice is not to buy.
I'm sure that some will argue that most of the value in the book is in the first reading. Sure, I might be happy with a refund of that 2014 calendar. But I probably won't be happy with a forced refund for my 2014 daily journal, or a specific edition of a book that I referenced by page number in my research.
5G is a set of technologies grouped into one upgrade. Using additional frequency bands is only one of the changes. It's those added high frequencies that will have short range (and the opportunity for a higher density of cells). The existing low frequency bands will behave as they always have, with the opportunity for higher communication rates with more sophisticated modulation.
For most people, in most areas, nothing will change.
The warrant application was nominally written by Sgt. Joseph Obidi. Obidi now has a lawyer, who claims that the warrant was written at the direction of Obidi's "superiors on the command staff".
So Obidi should be nominally responsible, but did it at the direction of higher-ups. But they don't have the legal responsibility, so they aren't to blame either.
The presumption is that lawyers are, first and foremost, agents of the court. They advocate for their clients, but have a duty to do so within the law.
That pretty much gives the judge a free pass when it comes to warrants. The warrant application should have included the target's occupation and a reference to the applicable law. But of course that would make it clear that they were requesting an illegal search, so it didn't happen.
I personally believe that the judge screwed up in approving a clearly illegal search, but the system puts the blame on the person that signed the warrant application.
On the post: Devin Nunes Follows Through And Sues CNN In Laughably Dumb SLAPP Suit
Re: Re: Re: Re: Re: What's normal procedure...
There are certainly some limits, but this doesn't appear to come close to those limits.
CNN can't search for some uninvolved person willing to make outrageous claims, and then report a quote as if it has validity.
But this is quoting the lawyers for a major figure directly involved in the situation and, as it turns out, a person that has provably been in communication with Devin Nunes. It's absolutely newsworthy. I don't see their reporting as even being in a grey area, let alone coming close to the line.
On the post: Author Tries To Trademark The Word 'Dark' For All Of Literary Fiction
We should be awed that Greg Mavronicolas is involved in this trademark filing.
He is on the 2018 'New York Metro Super Lawyers Rising Stars' list.
The last time I heard about the Super Lawyer list was one of the Prenda appeals, where one of the judge noted that the lawyer was "Super", and clearly gave him the respect that designation deserved.
https://youtu.be/ObZDipKRH0c?t=1944
Greg appears to be remarkably talented, as he specializes in everything. That ranges from commercial real estate transactions to FTC compliance, including commercial litigation and international arbitration. Unlike those large stodgy firms that limit themselves to narrower areas of expertise, he apparently knows everything.
On the post: Devin Nunes Follows Through And Sues CNN In Laughably Dumb SLAPP Suit
Re: What's normal procedure...
The only obviously lie that we have right now is that Nunes was untruthful when he said that he didn't talk to Lev. Nunes didn't expect that there would be phone billing records.
My guess is that Nunes missed many other details. The paper trail has already tripped him up just a few days into his lawsuit. You can deny everything and spread manure on TV talk shows, but once you get into court your claims and comments aren't forgotten by the next news cycle.
On the post: Devin Nunes Follows Through And Sues CNN In Laughably Dumb SLAPP Suit
I understand that these lawsuits are all about harassment, and that they are usually very effective.
But I fail to see how this one can accomplish its goal. He's not suing a cow, which presumably has very modest resources to hire lawyers, risks losing its life savings, and doesn't have thumbs. He is suing CNN, which has staff lawyers, makes money over big headlines, and certainly looks forward to the prospect of forcing this plaintiff into discovery.
On the post: As Devin Nunes Threatens More SLAPP Suits, He May Have To Explain Why Cows Can Type In His First SLAPP Suit
Re: Re:
You can be certain that Nunes understands first amendment law quite well. He also understands the legal system, and how it can used to unjustly bludgeon his opponents. Just like a military defense, it costs far more to defend against every possible attack than it costs to launch an attack.
On the post: Elsevier Gets Sci-Hub And LibGen Blocked In Austria, Thereby Promoting The Use Of VPNs And Tor In The Country
Our dystopian far-future world of pirate scientists...
On the post: Report Suggests Rampant Negligence In Uber Self Driving Car Fatality
They picked that specific vehicle because Volvo has a class-leading safety system. And then they disabled it.
NTSB reports generally doesn't lay blame on specific parties. Doing so would impair their ability to work with companies in future incidents, and their reports are usually clear enough that you don't have to guess. It will be interesting to see how they conclude this investigation.
On the post: Cops: People In Their Own Homes Are In The Wrong Place At The Wrong Time Whenever A Cop Enters Unlawfully
I draw a distinction between a lie and a falsehood....
Yes, that was a statement that stood out for me as well.
The lawyer had a tough case to argue. But I wonder if he really thought that statement was going to fly. Perhaps it sounded good in the middle of the night after putting in long hours trying to figure out how to spin the situation. Or perhaps that is his go-to statement when any client is caught in a lie, uhmm, falsehood. Except that in this case it was a signed report agreed upon by multiple officers that was later proven to made up.
Once again I'm amazed at the audacity of police falsehoods. In the past I certainly would have believed the police claims were substantially correct. Video evidence that proves their claims wildly untruthful throws doubt on every police report.
On the post: Adobe Announces Plan To Essentially Steal Money From Venezuelans Because It 'Has To' Due To US Sanctions
Analogy with nationalizing the oil fields
One of the major disputes between the U.S. and Venezuela was that Venezuela nationalized the oil fields. The government took over the oil fields, paying the major oil companies that 'owned' them (had exploitation rights, had risked the exploration costs, and had paid for and built the infrastructure) far less than the projected profits or market value.
There is lots of room to argue about the investment value, market value, eminent domain, etc. But the action was nominally legal if you stood far enough away.
It's hard to see how this action passes even standard.
On the post: New Mexico City Starts Crowdfunding Effort To Pay For Its Stupid Defense Of Constitutional Violations
Re:
The judge was pointing out that the 10 year renewal period was a pretense. The monument was built and intended to be a permanent fixture.
On the post: Intra-Family Trademark Violence: SR Sues JR For Using His Own Name In Law Firm Marketing
Shouldn't Sink Sr. be suing the entity that created the naming conflict in the first place? Rather than waiting for decades. When was he first made aware of the name conflict? Wasn't that an appropriate time to notify the defendant?
On the post: After Missing Cord Cutting Trend, Nielsen Falls Apart
We can be pretty certain they have not been oblivious to their own demise.
The phrase "the company is saddled with debt" means that the upper management and board of directors has already decided to cash out of the business. The net income is likely just barely enough to service the debt, making the company's net worth close to zero. Perhaps even less. Anyone group buying should expect losses, and have profit elsewhere that it needs to offset. Or expect to be really efficient at running the business and extracting all value from the reputation (which usually involves destroying it).
On the post: Gibson Guitar Formalizes Its Hands-Off IP Enforcement Approach With Authorized Partnership Program
Re: Re: Re: Re: Here we go again.
The defense filings show that some of these designs have been produced by others for about a half century.
If they thought that they had "IP Rights" in the design, they should have asserted them long ago. A court would have ruled on the issue. The validity and bounds of their rights would have been known.
Of course back then they would likely have been laughed out of the courtroom.
On the post: Gibson Guitar Formalizes Its Hands-Off IP Enforcement Approach With Authorized Partnership Program
From the ongoing lawsuit we've seen that they likely don't have an enforceable claim on the guitar shape. This seems like an attempt to get makers to agree to a license fee that would be enforceable even if the court decides that Gibson has no otherwise enforceable rights.
On the post: Dean Guitar Counter-Sues Against Gibson Guitars, Attempts To Invalidate Several Trademarks
I'm sure that this filing didn't come out of the blue. Gibson's lawyers were almost certainly forewarned by Dean's lawyers.
With this filing we now get a clue about Gibson's sudden change: they didn't have a change of perspective, they cynically put out stories to the press to get out in front of the upcoming bad PR. This filing, with its extensive set of 'V' and 'Z' guitars from other makers over several decades, makes it clear that Gibson has a weak case with grossly exaggerated claims.
On the post: 5G's Latest Problem: Summer Temps Are Causing 5G Phones To Overheat
Re: ... ......this is why we need 6G!
I read (just now!) that 6G disperses chemtrails.
And now you have as well.
On the post: You Don't Own What You've Bought: Microsoft's Books 'Will Stop Working'
A forced refund is often not fair compensation.
A fundamental principle of economics is "excess value". You don't purchase something unless it delivers value significantly in excess of its price. If its price exactly matches it value, "frictional factors" such as risk, transaction cost, opportunity cost, etc mean that the rational choice is not to buy.
I'm sure that some will argue that most of the value in the book is in the first reading. Sure, I might be happy with a refund of that 2014 calendar. But I probably won't be happy with a forced refund for my 2014 daily journal, or a specific edition of a book that I referenced by page number in my research.
On the post: The Press Needs An Intervention When It Comes To Over-Hyping 5G
Re:
You are making the same error as the press.
5G is a set of technologies grouped into one upgrade. Using additional frequency bands is only one of the changes. It's those added high frequencies that will have short range (and the opportunity for a higher density of cells). The existing low frequency bands will behave as they always have, with the opportunity for higher communication rates with more sophisticated modulation.
For most people, in most areas, nothing will change.
On the post: Released Warrant Shows SFPD Started Monitoring Journalist's Phone Weeks Before Officers Raided His Home
Re: Re: Re: "The warrant lacked clarity"
The warrant application was nominally written by Sgt. Joseph Obidi. Obidi now has a lawyer, who claims that the warrant was written at the direction of Obidi's "superiors on the command staff".
https://www.rlslawyers.com/adachi-leak-case-police-executed-seven-ssearch-warrants-on-c ops-journalist/
So Obidi should be nominally responsible, but did it at the direction of higher-ups. But they don't have the legal responsibility, so they aren't to blame either.
On the post: Released Warrant Shows SFPD Started Monitoring Journalist's Phone Weeks Before Officers Raided His Home
Re: Re: "The warrant lacked clarity"
The presumption is that lawyers are, first and foremost, agents of the court. They advocate for their clients, but have a duty to do so within the law.
That pretty much gives the judge a free pass when it comes to warrants. The warrant application should have included the target's occupation and a reference to the applicable law. But of course that would make it clear that they were requesting an illegal search, so it didn't happen.
I personally believe that the judge screwed up in approving a clearly illegal search, but the system puts the blame on the person that signed the warrant application.
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