It's only awful and repulsive because it's being done while:
underpaying the programmers and artists.
overworking the programmers and artists
pretending that overtime is voluntary, but declining to work (literally deadly) overtime costs you your job via contract non-renewal ("not dedicated").
ignoring and suppressing widespread sexual harassment, as well as regular harassment.
firing hundreds of workers to "cut costs" during record profit quarters.
giving bonuses and stock to executives that far exceed the "savings" the above firings supposedly generated.
giving handfuls of cash to everyone but the employees via questionable stock buybacks, possibly done to manipulate stock values.
making terrible $60+ games that are full of ads AND microtransactions AND predatory real-money gambling.
Because, technically, the action was a clear violation of the Constitution.
If a bill is vetoed as unconstitutional, it was blocked on a "technicality."
If cops violate the constitution when they arrest and interrogate you, your conviction is tossed on a "technicality."
But it sounds bad to say, "Our cops and legislators don't respect the Constitution they are sworn to support, preserve and defend," so they call it a "technicality."
I can see where they are coming from, but it's their own damned fault. It's only due to massive efforts on the side of manufacturers (of all types, not just cars) that there is any confusion about whether these particular vehicles are representative of the manufacturer's intent/opinion.
It stemmed from the invention of product placements and such, but only because they have fought back when "truth in advertising" campaigns tried to make product placements be disclosed (FTC says it's unnecessary). So the (cultivated and encouraged) belief in the general public is: if you can see a logo, it's a product placement, and that means someone paid to have it there.
If not for their efforts to muddy the waters, there wouldn't be public confusion about media needing permission to have a logo showing (they don't). There wouldn't be nonsense like Mythbusters putting stickers over Diet Coke and Mentos labels, then saying "because lawyers." Because those things were legally purchased, and that should be the end of it.
And now, because of their long efforts to reinforce the belief that somebody has to get paid for everything (twice, sometimes!), a stupid lawsuit like this exists. And they thankfully failed, but only because not enough people were confused.
So I expect to see their efforts to confuse the public to mount ever higher, because all the money just isn't enough.
I'm pretty sure you're just a colossal asshole, but I'll answer just in case you are simply horrendously and shamefully uneducated:
It doesn't. It simply outlines that one person's constitutional rights stop where another person's rights begin. According to law, and upheld by the Supreme Court, a person has a right to not be discriminated against for their race, age, color, religion, gender, veteran status, disability, being pregnant, or national origin. That right is where a business's right to refuse service stops.
Business owners can still tell people to fuck off for being in a different political party, having bad breath, not wearing a protective mask, passing bad checks, or driving the wrong brand of car.
If a mall refuses to let you have a demonstration in their food court, people who go to the mall will, in fact, not be able to hear you speak at that mall.
It does nothing to keep you from saying your piece at a different mall, outside of the mall, on your website, in a letter to a newspaper, in a phone-calling campaign, or any of many ways of expressing yourself.
The mall has not censored you. They have exercised their right of association (recognized as part of the first amendment by the Supreme Court) and told you to get off their property. Because it's NOT A PUBLIC FORUM. It's PRIVATE PROPERTY.
Even if these platforms get treated as publishers, they still don't have to let you say ANYTHING. Because they are PRIVATE PROPERTY.
If you want to get nit-picky and claim that "corporations aren't people, they shouldn't have rights!", then fine. The editors and/or owners of the platform have Constitutional rights that include refusing you service for any reason that isn't one of the categories protected by the Civil Rights Act.
Stop equating Constitutionally protected activities performed by private companies, owned by private individuals (whether singly or in a collective, aka "corporations"), with actions performed by a government official or body.
Re: "procedural oddness" + unique features = anomaly and who car
Well, for one, you care, or you wouldn't be so quick to try to downplay the ruling's significance. For another, even if people don't care, that does not mean it isn't important.
Every fair use judgement is important, whether it reduces fair use boundaries, increases them, or just reinforces them. All three outcomes change the way art is created in the United States: weaker fair use rulings reduce art produced, because speech that was legal last week isn't this week; stronger fair use increases art produced, because artists can support themselves by selling art that they were previously afraid to publish; even confirming current fair use limits increases art production, though to a lesser degree, since artists can be more confident of what kind of speech is or isn't legal.
No. That's a affirmation of our constitutional right to free speech, a free press, and freedom of association - the right to tell people to fuck off and remove themselves from our property, and take their hate with them.
There's no need to make any guesses about the guy who got arrested - because this story isn't about him. It about cops getting (properly) called out for an unconstitutional arrest.
This guy could have had evidence on his person that he was the Zodiac Killer, and because they arrested him unconstitutionally, he would have to be released, and that evidence would have one of two fates: never able to be submitted, or struck down on appeal.
Cops acting within the constitution keeps crooks from escaping justice. Because even convicted crooks have rights, let alone the merely accused.
Re: It seems that things aren't quite as they appear...
Leonard accepted one of the June 2014 proposals and granted Nike permission to affix that logo, based upon the Leonard Logo, on Nike merchandise during the term of the Nike Agreement.
...
Further, Nike claimed that the Leonard Logo was authored in 2014 and first published on October 28, 2014.
It seems that things aren't quite as they appear...
Leonard did, indeed, come up with the "original" design, but the current version (the one in contention) isn't the original. Nike kept sending him different versions of the logo, altered from the one he gave them, and it is one of those designs that is in use.
From what I understand of "derivative works," Nike can't use it if they don't have a license (I have no idea if they have or have had one), but as it is a derivative work that Nike created, Leonard sure as heck can't use it without their permission. Effectively, the current version of the logo is dead. Leonard can't take it, Nike can't use it.
...No. No, you are wrong. I will state this simply, just in case you are actually ignorant, and not willfully spreading misinformation:
Nobody, NOBODY, is required to defend their copyright to retain ownership of it. Everyone in the world can pirate Nintendo games for decades, and as long as it's within the allotted copyright time limit, Nintendo will be able to halt production and distribution of copies, and sue for actual damages (only their statutory damages will -maybe- be blocked).
As for the trademark, just like the Mouse, there is NO THREAT to their trademark. Nintendo is in NO DANGER of becoming generic. Almost everyone in the world born since 1960, and most born before that, know that Mario is a Nintendo property. Even villagers in Africa with literal grass huts know Mario and Nintendo.
And all of this would be moot if Nintendo was willing to write a letter to the modder, giving a limited-purpose license for the mod. That would invalidate any problems, and the project by this insatiable fan would still exist. Instead, they have chipped away at their fan base and it's enthusiasm once again.
But think of the children! How are they supposed to protect the children by arresting people on accusations of having child pornography and then dropping the charges when asked to cross-examine the "witness", unless their code is secret?
Re: Actually "Gary" we only want YOU to be decent and not steal.
Are you kidding me.
If a person gets mugged in Walmart, you go after the mugger, not Walmart.
If someone steals a TV from a car at Best Buy, you go after the theif, not Best Buy.
If someone is selling cocaine near the candy aisle at Walgreens, you arrest the dealer, not Walgreens.
Hell, if the pharmacist is selling painkillers illegally at Walgreens, YOU ARREST THE ACTUAL CRIMINAL.
Why is the concept of personal responsibility so antithetical to your beliefs, especially since you have long spouted your SovCit ideologies?
On the post: Where Texas' Social Media Law & Abortion Law Collide: Facebook Must Keep Up AND Take Down Info On Abortion
Re: Platforms Can't Induce
Well, well, Koby. You just came out and said it, huh?
You want Facebook to stop moderating and leave everything up.
Why are you so fond of terrorists and child pornographers, that you wish for them to do their business undisturbed on facebook?
On the post: Cord-Cutting Leads To Gaming Studios Exploring In-Game Ads To Unlock Gaming Perks
Re:
Increasing the bottom line isn't inherently evil.
It's only awful and repulsive because it's being done while:
THAT'S why it's evil.
On the post: Utah Governor Vetoes Ridiculous Unconstitutional Content Moderation Bill; Makes His Brother-in-Law Sad
Re: It's the same "technicalities" as always.
Of course, by "violate the constitution," in both cases I meant "infringe on your rights as a citizen and/or resident of the United States."
Which isn't that difficult to not do. I go entire weeks without violating people's constitutional rights, and I expect no less of public servants.
On the post: Utah Governor Vetoes Ridiculous Unconstitutional Content Moderation Bill; Makes His Brother-in-Law Sad
It's the same "technicalities" as always.
Because, technically, the action was a clear violation of the Constitution.
If a bill is vetoed as unconstitutional, it was blocked on a "technicality."
If cops violate the constitution when they arrest and interrogate you, your conviction is tossed on a "technicality."
But it sounds bad to say, "Our cops and legislators don't respect the Constitution they are sworn to support, preserve and defend," so they call it a "technicality."
On the post: Federal Court Affirms Activision's First Amendment Rights In Using Humvees in 'Call Of Duty' Game
Re: I guess they'll just double down.
Well. Crap.
Anyways.
I can see where they are coming from, but it's their own damned fault. It's only due to massive efforts on the side of manufacturers (of all types, not just cars) that there is any confusion about whether these particular vehicles are representative of the manufacturer's intent/opinion.
It stemmed from the invention of product placements and such, but only because they have fought back when "truth in advertising" campaigns tried to make product placements be disclosed (FTC says it's unnecessary). So the (cultivated and encouraged) belief in the general public is: if you can see a logo, it's a product placement, and that means someone paid to have it there.
If not for their efforts to muddy the waters, there wouldn't be public confusion about media needing permission to have a logo showing (they don't). There wouldn't be nonsense like Mythbusters putting stickers over Diet Coke and Mentos labels, then saying "because lawyers." Because those things were legally purchased, and that should be the end of it.
And now, because of their long efforts to reinforce the belief that somebody has to get paid for everything (twice, sometimes!), a stupid lawsuit like this exists. And they thankfully failed, but only because not enough people were confused.
So I expect to see their efforts to confuse the public to mount ever higher, because all the money just isn't enough.
On the post: Federal Court Affirms Activision's First Amendment Rights In Using Humvees in 'Call Of Duty' Game
I guess they'll just double down.
On the post: Moderation v. Discretion v. Censorship: They're Not The Same
Re: Re: Re: Moderation vs Censorship
I'm pretty sure you're just a colossal asshole, but I'll answer just in case you are simply horrendously and shamefully uneducated:
It doesn't. It simply outlines that one person's constitutional rights stop where another person's rights begin. According to law, and upheld by the Supreme Court, a person has a right to not be discriminated against for their race, age, color, religion, gender, veteran status, disability, being pregnant, or national origin. That right is where a business's right to refuse service stops.
Business owners can still tell people to fuck off for being in a different political party, having bad breath, not wearing a protective mask, passing bad checks, or driving the wrong brand of car.
On the post: Moderation v. Discretion v. Censorship: They're Not The Same
Re: Moderation vs Censorship
If a mall refuses to let you have a demonstration in their food court, people who go to the mall will, in fact, not be able to hear you speak at that mall.
It does nothing to keep you from saying your piece at a different mall, outside of the mall, on your website, in a letter to a newspaper, in a phone-calling campaign, or any of many ways of expressing yourself.
The mall has not censored you. They have exercised their right of association (recognized as part of the first amendment by the Supreme Court) and told you to get off their property. Because it's NOT A PUBLIC FORUM. It's PRIVATE PROPERTY.
Even if these platforms get treated as publishers, they still don't have to let you say ANYTHING. Because they are PRIVATE PROPERTY.
If you want to get nit-picky and claim that "corporations aren't people, they shouldn't have rights!", then fine. The editors and/or owners of the platform have Constitutional rights that include refusing you service for any reason that isn't one of the categories protected by the Civil Rights Act.
Stop equating Constitutionally protected activities performed by private companies, owned by private individuals (whether singly or in a collective, aka "corporations"), with actions performed by a government official or body.
On the post: Big Fair Use Win Concerning Andy Warhol's Paintings Of Prince
Re: "procedural oddness" + unique features = anomaly and who car
Well, for one, you care, or you wouldn't be so quick to try to downplay the ruling's significance. For another, even if people don't care, that does not mean it isn't important.
Every fair use judgement is important, whether it reduces fair use boundaries, increases them, or just reinforces them. All three outcomes change the way art is created in the United States: weaker fair use rulings reduce art produced, because speech that was legal last week isn't this week; stronger fair use increases art produced, because artists can support themselves by selling art that they were previously afraid to publish; even confirming current fair use limits increases art production, though to a lesser degree, since artists can be more confident of what kind of speech is or isn't legal.
On the post: No, Your Kid Isn't Growing Horns Because Of Cellphone Use
Re: Re: silly
I got about 10 hours out of it.
On the post: Congress Now Creating A Moral Panic Around Deepfakes In Order To Change CDA 230
Re: Re: Re:
No. That's a affirmation of our constitutional right to free speech, a free press, and freedom of association - the right to tell people to fuck off and remove themselves from our property, and take their hate with them.
On the post: Appeals Court To Cops: There's Nothing Inherently Suspicious About Running From The Police
Re: So did he have anything illegal on him?
There's no need to make any guesses about the guy who got arrested - because this story isn't about him. It about cops getting (properly) called out for an unconstitutional arrest.
This guy could have had evidence on his person that he was the Zodiac Killer, and because they arrested him unconstitutionally, he would have to be released, and that evidence would have one of two fates: never able to be submitted, or struck down on appeal.
Cops acting within the constitution keeps crooks from escaping justice. Because even convicted crooks have rights, let alone the merely accused.
On the post: Kawhi Leonard Accuses Nike Of Trying To Steal His Logo Via Trademark
Re: Re: It seems that things aren't quite as they appear...
Those are points 29 and 39, respectively. Markdown decided to renumber for some reason, even though they were non-consecutive.
On the post: Kawhi Leonard Accuses Nike Of Trying To Steal His Logo Via Trademark
Re: It seems that things aren't quite as they appear...
...
From the guy's own suit.
On the post: Kawhi Leonard Accuses Nike Of Trying To Steal His Logo Via Trademark
It seems that things aren't quite as they appear...
Leonard did, indeed, come up with the "original" design, but the current version (the one in contention) isn't the original. Nike kept sending him different versions of the logo, altered from the one he gave them, and it is one of those designs that is in use.
From what I understand of "derivative works," Nike can't use it if they don't have a license (I have no idea if they have or have had one), but as it is a derivative work that Nike created, Leonard sure as heck can't use it without their permission. Effectively, the current version of the logo is dead. Leonard can't take it, Nike can't use it.
Long live copyright.
On the post: Strike 3 Gets Another Judge To Remind It That IP Addresses Aren't Infringers
Re:
With way more proof than there is for whatever this is "revenge" for.
I've lost track of which nebulous "crime" this is about.
On the post: Nintendo Slays The Threat From Modded Nintendo Games For The Commodore 64
Re:
...No. No, you are wrong. I will state this simply, just in case you are actually ignorant, and not willfully spreading misinformation:
Nobody, NOBODY, is required to defend their copyright to retain ownership of it. Everyone in the world can pirate Nintendo games for decades, and as long as it's within the allotted copyright time limit, Nintendo will be able to halt production and distribution of copies, and sue for actual damages (only their statutory damages will -maybe- be blocked).
As for the trademark, just like the Mouse, there is NO THREAT to their trademark. Nintendo is in NO DANGER of becoming generic. Almost everyone in the world born since 1960, and most born before that, know that Mario is a Nintendo property. Even villagers in Africa with literal grass huts know Mario and Nintendo.
And all of this would be moot if Nintendo was willing to write a letter to the modder, giving a limited-purpose license for the mod. That would invalidate any problems, and the project by this insatiable fan would still exist. Instead, they have chipped away at their fan base and it's enthusiasm once again.
On the post: Stop Saying That Section 230 Was A 'Gift To Internet Companies'
Re:
It will, inevitably, be some variation of "common law," where common law means "what I wish was law" instead of it's real meaning of "jurisprudence."
On the post: Government Tossing Child Porn Cases Rather Than Discuss Its Torrent-Tracking Software In Court
Re: Not a good look
But think of the children! How are they supposed to protect the children by arresting people on accusations of having child pornography and then dropping the charges when asked to cross-examine the "witness", unless their code is secret?
On the post: AI Won't Save Us From Fake News: YouTube's Fact Checking Tool Thinks Notre Dame Fire Is About 9/11
Re: Actually "Gary" we only want YOU to be decent and not steal.
Are you kidding me.
If a person gets mugged in Walmart, you go after the mugger, not Walmart.
If someone steals a TV from a car at Best Buy, you go after the theif, not Best Buy.
If someone is selling cocaine near the candy aisle at Walgreens, you arrest the dealer, not Walgreens.
Hell, if the pharmacist is selling painkillers illegally at Walgreens, YOU ARREST THE ACTUAL CRIMINAL.
Why is the concept of personal responsibility so antithetical to your beliefs, especially since you have long spouted your SovCit ideologies?
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