adverse inference charge
The most common penalty for spoliation of evidence is an adverse inference charge. This basically means that a finder of fact, like a jury, is entitled to take a negative inference against a party because that party destroyed evidence.
Yeah, this trademark spat was ridiculous, but you could at least use a COLOR photo of the Oatly bottle - the blue they use, and the Pure Oaty blue are a lot closer together than your photo implies.
Yes, there are lots of other differences, but why pick a photo that's mis-representative of the facts, when the rest of the story is strong?
But at the point that someone's watching the parking lot over time and is tracking all the cars that enter or leave and when, that's getting into data levels that interact with the fourth amendment.
Undesirables have always been tracked. Back in the day, cops would go to biker events and walk down the row of parked bikes, taking photos of every license plate to track association and attendance.
Then we learned to put a helmet, bandana, or sleeping bag over the plate, as they weren't allowed to move stuff to make the plates "in plain view."
It's an arms race. Always has been, always will be.
Independent subscriptions to:
Prime Video
Disney+
Peacock
CBS All Access/Paramount+
Fox Sports/Tubi (really? Tubi?)
Time was, I had the DirecTV NFL Sunday Ticket so I could watch ALL the games, plus highlights and multi-screen selection for game-hopping.
Now, I would need at least 5 different subscriptions, each on a different app. So changing the "channel" for a different game means waiting through a loading screen, picking the NFL channel in that app, and waiting for the feed to pick up.
This is progress?
(Fortunately or not, Fantasy Football ruined my enjoyment of the game, so I can ignore this nonsense, but the issue remains: cable TV was an effective aggregator of content, and if only there had been competition to keep prices in check, we wouldn't be facing the fragmented market we have now.)
Same deal: Uverse and other AT&T "cable" customers lost the Tegna network earlier this month, and it's still out. In my area, that means BOTH NBC and ABC are off the menu, as Tegna owns the local affiliates for both networks.
The only reason I even have uverse TV is that it's cheaper to get the package deal for unlimited data, than to get just internet and pay extra.
Copypasta isn't at all unusual with even legitimate grassroots efforts. Work with any group that has anything more than a handful of volunteers, and you'll see a large number of supporters who really do care, just not enough to paraphrase the suggested language and personalize the message.
Ask any legislator how many duplicate emails they get any time any advocacy group puts out a "call to action," from the NRA to the Sierra Club to a local home-schooling group.
Doesn't mean AT&T isn't slimy. Doesn't mean the FCC's "Public Comment" system isn't defective. But it does mean that maybe some of these groups are willing to support AT&T, because mutual support is mutual.
Julia Ioffe is a Russian-born American journalist who covers national security and foreign policy topics for GQ. Her articles have appeared in The Washington Post, The New York Times, The New Yorker, Foreign Policy, Forbes, Bloomberg Businessweek, The New Republic, Politico, and The Atlantic.
Lawyer: Does something sleazy
Judge: Prove it wasn't sleazy by Monday
Lawyer (on Monday): Fuck you
Judge: Prove it wasn't sleazy, and I'll give you till Friday
Lawyer: Fuck you
Judge: OK, this time I'm serious. Prove it wasn't sleazy, by a week from Tuesday, or ELSE
Lawyer: Ignores order
Judge: OK, time for a benchslap. (Details all the sleazy business, and adds details of previous orders.) Now do what I tell you, or sanctions may follow.
Lawyer: Yawn. Here's a scrap of napkin from two years ago with a drawing of dickbutt.
Judge: ???
Meanwhile ...
Normally law-abiding citizen (let's call him Tom): Underpays his taxes by $8.41
Judge: That's enough! Sell his house!
I know, anecdote =/= data, but ...
I wanted to cut the cord and go streaming-only, but AT&T caps on speed and data would have jumped my monthly bill 120%. AT&T kept a TV subscriber with creative billing.
As long as I continue to pay for Uverse TV, my bill actually went down. I get the cheapest TV package, but that "allows" me to have their "best" internet (DSL? Really? in 2020?) with unlimited data, and keeps my bill around $75 total.
My only other option is Comcast, which is installing fiber in the neighborhood, but plans to roll out fiber sometime mid-next year - and at twice the price I'm paying now.
An earlier story on Gritsforbreakfast also mentioned that Gerald Goines was the arresting officer for one of George Floyd's busts. Floyd even said during his final arrest, "I'm nervous around cops, because bad things happen."
I'd suggest that Floyd's death is at least partly due to his experience at the hands of Corrupt Cop Gerald Goines.
But my only other option is Comcast, which is verifiably worse.
My bill jumped $32 last month... evidently PART of my discount expired. And after 28 minutes chatting with a rep, I discovered I can't cancel any part of my service without calling their 800 number.
I mean, what kind of acronym do you get from "An Act To Expand Options for Consumers of Cable Television in Purchasing Individual Channels and Programs"?
AATEOFCOCTIPICP?
I propose
Freeing Up Cable Kicks Communities Over the Moon; Competition Accelerates Super Television
Dan Amos is front and center of the signatory list - hardly surprising, as Aflac treat their employees (apart from the sales team, for the most part) very well, and treats their customers as well.
Aflac stock is up 80% over the past 5 years, and is consistently recognized as a best place to work, most ethical, eco-friendly company.
Now, if only the CEOs of the the Toxic 500 would learn these lessons...
disclosure: worked there for 5 years and only left because the family moved.
Nielsen has been going door-to-door in my neighborhood for months. I've told at least three reps face-to-face that i'm not interested, I don't support what they do, I'm not going to fill out logs, and they can't remotely monitor what I'm watching.
Still, every few weeks a new team of reps (always two people) ring my doorbell, freak out about my large, loud (and overly friendly) dog, and then have to listen to my diatribe.
Evidently they're paying people now (not enough, no matter how much it is), and I'm "perfect" for them as I stream and watch locals OTA.
Having spent my career in marketing and having relied on Nielsen ratings in the past, they can burn and all their employees can find work at Wal-mart.
Surely, with 5 warrants, phone records, physical searches, and all this investigatory activity the police have uncovered who the journalist got his tip from.
Of course, they can't actually prosecute or even reprimand whoever they caught, because:
a) Badge and/or government employee
b) fruit of the poisoned tree
Or are they incompetent, in addition to being unethical perjurors?
Techdirt has not posted any stories submitted by BurningWoodchipper.
Let's spread a little adverse inference around
adverse inference charge
The most common penalty for spoliation of evidence is an adverse inference charge. This basically means that a finder of fact, like a jury, is entitled to take a negative inference against a party because that party destroyed evidence.
Trade dress?
Is it pink or blue?
Yeah, this trademark spat was ridiculous, but you could at least use a COLOR photo of the Oatly bottle - the blue they use, and the Pure Oaty blue are a lot closer together than your photo implies.
Yes, there are lots of other differences, but why pick a photo that's mis-representative of the facts, when the rest of the story is strong?
https://us.oatly.com/collections/products/products/oatmilk
Re: This smacks of the ALPR controversy.
Undesirables have always been tracked. Back in the day, cops would go to biker events and walk down the row of parked bikes, taking photos of every license plate to track association and attendance.
Then we learned to put a helmet, bandana, or sleeping bag over the plate, as they weren't allowed to move stuff to make the plates "in plain view."
It's an arms race. Always has been, always will be.
So instead of cable, I get ...
Independent subscriptions to:
Prime Video
Disney+
Peacock
CBS All Access/Paramount+
Fox Sports/Tubi (really? Tubi?)
Time was, I had the DirecTV NFL Sunday Ticket so I could watch ALL the games, plus highlights and multi-screen selection for game-hopping.
Now, I would need at least 5 different subscriptions, each on a different app. So changing the "channel" for a different game means waiting through a loading screen, picking the NFL channel in that app, and waiting for the feed to pick up.
This is progress?
(Fortunately or not, Fantasy Football ruined my enjoyment of the game, so I can ignore this nonsense, but the issue remains: cable TV was an effective aggregator of content, and if only there had been competition to keep prices in check, we wouldn't be facing the fragmented market we have now.)
Re: Re: Don't forget about AT&T and Tegna
If only I lived two block to the east or north - I could get ATT&T Fiber.
Comcast tore up yards and sidwalks for six months earlier this year, but their fiber service won't start for another 6-8 months in my neighborhood.
Those are my options: AT&T glorified DSL (uverse) or Comcast "xfinity".
I have an antenna for each TV in the house, just for the local news and hurricane coverage.
Everything is interconnected: broadband services, old copper lines, retrans fees, cord cutting, streaming, hidden costs.
Just imagine if we had to buy oils changes or other services the same way we "buy" internet service.
Don't forget about AT&T and Tegna
Same deal: Uverse and other AT&T "cable" customers lost the Tegna network earlier this month, and it's still out. In my area, that means BOTH NBC and ABC are off the menu, as Tegna owns the local affiliates for both networks.
The only reason I even have uverse TV is that it's cheaper to get the package deal for unlimited data, than to get just internet and pay extra.
Everything's connected.
copypasta
Copypasta isn't at all unusual with even legitimate grassroots efforts. Work with any group that has anything more than a handful of volunteers, and you'll see a large number of supporters who really do care, just not enough to paraphrase the suggested language and personalize the message.
Ask any legislator how many duplicate emails they get any time any advocacy group puts out a "call to action," from the NRA to the Sierra Club to a local home-schooling group.
Doesn't mean AT&T isn't slimy. Doesn't mean the FCC's "Public Comment" system isn't defective. But it does mean that maybe some of these groups are willing to support AT&T, because mutual support is mutual.
Disinformation Abounds
Just gonna leave this here:
Julia Ioffe is a Russian-born American journalist who covers national security and foreign policy topics for GQ. Her articles have appeared in The Washington Post, The New York Times, The New Yorker, Foreign Policy, Forbes, Bloomberg Businessweek, The New Republic, Politico, and The Atlantic.
She should have known better.
I just Don't Understand (again)
Lawyer: Does something sleazy
Judge: Prove it wasn't sleazy by Monday
Lawyer (on Monday): Fuck you
Judge: Prove it wasn't sleazy, and I'll give you till Friday
Lawyer: Fuck you
Judge: OK, this time I'm serious. Prove it wasn't sleazy, by a week from Tuesday, or ELSE
Lawyer: Ignores order
Judge: OK, time for a benchslap. (Details all the sleazy business, and adds details of previous orders.) Now do what I tell you, or sanctions may follow.
Lawyer: Yawn. Here's a scrap of napkin from two years ago with a drawing of dickbutt.
Judge: ???
Meanwhile ...
Normally law-abiding citizen (let's call him Tom): Underpays his taxes by $8.41
Judge: That's enough! Sell his house!
Cord-cutting is under-reported
I know, anecdote =/= data, but ...
I wanted to cut the cord and go streaming-only, but AT&T caps on speed and data would have jumped my monthly bill 120%. AT&T kept a TV subscriber with creative billing.
As long as I continue to pay for Uverse TV, my bill actually went down. I get the cheapest TV package, but that "allows" me to have their "best" internet (DSL? Really? in 2020?) with unlimited data, and keeps my bill around $75 total.
My only other option is Comcast, which is installing fiber in the neighborhood, but plans to roll out fiber sometime mid-next year - and at twice the price I'm paying now.
(untitled comment)
Not sure whether to mark this as funny, insightful, or spam.
No wonder George floyd hated cops
An earlier story on Gritsforbreakfast also mentioned that Gerald Goines was the arresting officer for one of George Floyd's busts. Floyd even said during his final arrest, "I'm nervous around cops, because bad things happen."
I'd suggest that Floyd's death is at least partly due to his experience at the hands of Corrupt Cop Gerald Goines.
I'd quit AT&T if i could.
But my only other option is Comcast, which is verifiably worse.
My bill jumped $32 last month... evidently PART of my discount expired. And after 28 minutes chatting with a rep, I discovered I can't cancel any part of my service without calling their 800 number.
monopolies suck.
Who's naming these laws in maine?
I mean, what kind of acronym do you get from "An Act To Expand Options for Consumers of Cable Television in Purchasing Individual Channels and Programs"?
AATEOFCOCTIPICP?
I propose
Freeing Up Cable Kicks Communities Over the Moon; Competition Accelerates Super Television
And the haystack gets bigger
Look at the reviews for the app - there are a LOT of people downloading it (and leaving reviews) expressly to junk up the data.
Not surprised Dan Amos is a signatory
Dan Amos is front and center of the signatory list - hardly surprising, as Aflac treat their employees (apart from the sales team, for the most part) very well, and treats their customers as well.
Aflac stock is up 80% over the past 5 years, and is consistently recognized as a best place to work, most ethical, eco-friendly company.
Now, if only the CEOs of the the Toxic 500 would learn these lessons...
disclosure: worked there for 5 years and only left because the family moved.
Re: As a one time Nielsen household
Nielsen has been going door-to-door in my neighborhood for months. I've told at least three reps face-to-face that i'm not interested, I don't support what they do, I'm not going to fill out logs, and they can't remotely monitor what I'm watching.
Still, every few weeks a new team of reps (always two people) ring my doorbell, freak out about my large, loud (and overly friendly) dog, and then have to listen to my diatribe.
Evidently they're paying people now (not enough, no matter how much it is), and I'm "perfect" for them as I stream and watch locals OTA.
Having spent my career in marketing and having relied on Nielsen ratings in the past, they can burn and all their employees can find work at Wal-mart.
So, what did they find?
Surely, with 5 warrants, phone records, physical searches, and all this investigatory activity the police have uncovered who the journalist got his tip from.
Of course, they can't actually prosecute or even reprimand whoever they caught, because:
a) Badge and/or government employee
b) fruit of the poisoned tree
Or are they incompetent, in addition to being unethical perjurors?
Techdirt has not posted any stories submitted by BurningWoodchipper.
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