This motion happens before the defendant even files an Answer, and is based on whether plaintiff stated enough plausible facts to support a claim. These are *alleged* facts. They still have to be proven.
Many judges don't want to pull the trigger on kicking an entire lawsuit based solely on what was said in the Complaint. And there is still a full litigation to get to. So it's really more of a "let's give plaintiffs the chance to make their case" kind of thing.
Personally: Seriously? If you're going to buy into Microsoft's deceptive Scroogled ad campaign, use their email then (and cut off all your gmail friends, like a recovering alky cuts off his drinking friends).
If plaintiffs even prevail in the matter and it goes to appeal, just wait 'till the amicus briefs from every processor of data start rolling in. This one I am not losing any sleep over.
And if you are one of the class plaintiffs, think about where that settlement money, if any, will go: 1) Lawyers; 2) Somewhere other than your pocket. (Hope you like lawyers, charities, and useless gift certificates.)
I remember the specific day that Twitter suddenly became useful to me...
April 4, 2010. We felt a bigass earthquake on our mesa in San Diego. That doesn't happen; no major fault line. Nothing about it anywhere online, radio, tv, nothing. It had to be far away, and big. Needed someone talking about it *now*
So I signed up w/ Twitter, and instantly found out it was felt all the way up in LA, and out to AZ, complete with shots of sloshing pools, etc., and got a feel for where the epicenter likely was (Mexicali/Calexico area). (And at the time, from the press, I thought of it as Ashton Kutcher's miniblog.)
Have used it for status of close brush fires as well (and of course, baseball info). Pretty friggin useful, indeed.
I don't know from Texas, but there are doctrines related to assumption of the risk often at play in these situations. Like, you can't sue for getting hit by a foul ball at the ballgame. Vets generally assume the risk of being bitten by a dog they are treating ... You know, sensible doctrines.
I would submit that a cop assumes the risk of being injured in responding to a 911 call re an "aggressive" drugged-up fellow.
So the implication is it may be a crime to teach a party how to beat a test that one cannot be forced to take in the first place and often cannot be used as evidence against someone who is accused of a crime? I'm dizzy from the circularity.
..."it is difficult for plaintiff's attorney to call to discuss confidential and privileged matters regarding this case."
Um, if you are talking to opposing counsel, the very last thing you should be talking about is confidential and privileged matters -- regarding your client at least. Especially with regard to discovery disputes, all communications with opposition should be made with the idea that they may end up as an exhibit.
I am starting to think that Techdirt's "wow dept" may need its own separate blog.
I am also starting to long for the days when the stories were about buffoonish censorious asshattery and desperate dying business models, rather that stories of US Govt. activities that directly affect me, and would make Stalin simultaneously blush and turn green with envy.
Beat me to it. Yes, the click-wrap agreement (check the box) when you sign up for RipoffReport is almost certainly binding, and the copyright license as written is irrevocable. Regardless whether the Court had authority to transfer the copyright in the first place (questionable), the assignment of the copyright would not in itself revoke any licenses. (Could you imagine the mayhem if it could? You don't like the licenses you granted, so you assign it to your cousin ...)
I didn't see mention of the license in the Complaint -- a deliberate omission, or was Mr. End-Run only thinking one step at a time?
(Pay no attention to ootb, it knows naught of which it speaks.)
The rationale is that cell phone companies are not required by the government to create or retain this data and that citizens are not required by the government to carry or use cell phones, thus making this data subject to the Third Party Doctrine and removing any expectation of privacy.
Uh, we're not required by the government to live in a house either, but I'm pretty sure the 4th Amendment covers that, as well as our "papers and effects" which in relation to cell phones, the former being accessible or stored in the latter.
My father and I split a Westlaw bill of over $500 per month for access to various codes, cases, and practice materials. Our money of course is not for the cases and statutes, which are freely available -- it's for the annotations.
The annotations are short blurbs under headings for various legal points that show how the statute was applied in various cases. The annotations require attorneys qualified in the field to dig through each reported case that cites the statute and summarize its application to fact. That requires tons of man-hours and particular knowledge and skill sets. Annotations are incredibly helpful and save enormous amounts of research time.
So I can see why Georgia would have an issue with those kind of annotations being published for free. But ... then ... I always assumed that the annotations were drafted by the company providing them (Westlaw, LexisNexis).
I downloaded one of the uploaded documents to see what's up, and 1) the annotations are largely just quick "editor's notes" regarding the statutes and legislative histories, not much, but probably enough for copyright protection; and 2) the hard copy book which was scanned was provided by LexisNexis, but Georgia still holds the copyright. Interesting.
Sum, Georgia looks legally justified, but is probably overreacting. The books are scanned in an unwieldy list, took forever to download, and these annotations are largely useless.
I just called my congresswoman to ask her to support Amash's amendment (paraphrasing fightforthefuture.org's language). I added that, as a tech attorney, I understand what is being collected, and cannot see how NSA's data collection efforts are remotely constitutional. Dude said "we've gotten a lot of calls about that" and he'd absolutely pass it along.