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koby77

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  • Feb 10th, 2014 @ 2:32pm

    So let me get this straight

    So a business is trying to claim fair use under copyright because it is a parody. But the problem isn't copyright, it's a trademark problem, which doesn't really have a parody exemption. But the business is trying to claim it isn't a business and that it's an art gallery, and that it's giving away its product for free, and it can therefore claim copyright fair use. In trying to predict what might happen if there is an actual court case, I would assume that the business is declared to be an business despite the way it wants to label itself, and that it violates the Starbucks trademark. However, all bets are off because it could be a false flag attack and we can't really trust judges to see through corporate shenanigans. Fascinating nonetheless because of the complexity!

  • Jan 23rd, 2014 @ 6:35am

    Re:

    Here, however, there was a twist. A licensee was the party that filed for a Declaratory Judgment, placing the licensor in a difficult situation since it apparently was not permitted to file a counterclaim alleging infringement since the license remained in effect (but the licensor was receiving no royalties since the licensee decided to pay them into an escrow account). In the panel's view this created a situation where an exception to the general rule seemed both appropriate and fair. It is not that they did not know the law (they did), but an exception was believed to be the better approach (much like Judge Leon in his recent NSA decision).


    The licensor also put the licensee in a difficult situation by approaching them and claiming they infringed on their patents, so get a license or else. The licensee had a choice: either pay for the license or else risk a lawsuit. This was actually not such a difficult position for the licensor because their contract allowed the licensee to put the money into a escrow account and challenge the action in court. So the licensee was just following the contract! So who wins? The established case law STILL stands, that the patent holder has the burden of proof that there is infringement.

  • Jan 16th, 2014 @ 3:21pm

    (untitled comment)

    If Obama, upon entering office, learned from security briefings that he would immediately break his campaign promises, then the honorable thing to do would be for him to resign. But of course Obama is just a career politician. Anyone who believes that Obama has been shocked or outraged over any NSA wrongdoing is deceiving themselves: the only person to suffer any punishment, firing, or prosecution is Edward Snowden.

  • Jan 14th, 2014 @ 5:51pm

    Called it

    A few weeks ago as the trial was occurring, this story was covered here, and I called it that there was a good chance for the officers to be found not guilty.

    A lot of commenters here are expressing their shock that the jury would acquit, and are trying to offer excuses such as bribery, intimidation, or stupidity. But if check out the audio/video recordings, you can see and hear that the suspect goes absolutely berserk and refuses to cooperate until he's in a coma at the end.

  • Dec 28th, 2013 @ 1:46pm

    Carl Marx

    From each according to his gullibility, to each according to his greed. A century of economic history proves nothing!

  • Dec 28th, 2013 @ 9:20am

    Occam's Razor

    I read most of the order, and it is a series of complex excuse-making. It attempts to confuse the simple language of the 4th amendment with pages and pages of legal interpretations. But I'm going to side with the Occam's Razor principle and point out that no matter how many incorrect judicial rulings the courts have produced, the NSA programs still violate the 4th amendment. The NSA has no probable cause to search and seize the telephone records of ordinary American citizens.

  • Dec 10th, 2013 @ 7:21pm

    Mini Pistols Exist

    There are functional mini pistols that aren't much larger than the toy portrayed in the picture.

    https://www.youtube.com/watch?v=FXvn05sV6B0

    The TSA press release should have said "We are aware that there are working mini pistols and our agents are trained to watch out for them. But this agent was an idiot and blew things out of proportion because she was fooled by a toy and couldn't do a proper inspection." However, all of this would require the TSA to start showing some common sense, and that's something they apparently don't have.

  • Dec 6th, 2013 @ 12:59am

    Other States

    I'm aware that there are other states besides NY in which the perpetrator is responsible for the actions of the police officers. While I'm not familiar with NYC laws, it's likely that they have something similar. The bottom line is that if someone does something stupid, such as jump around in traffic when the cops are out to make an arrest, then the perp will be held legally responsible instead of the cops.

  • Dec 3rd, 2013 @ 8:52am

    Rodney King Similarities

    After watching the video from the 15 minute mark to the 22 minute mark, I'm reminded of the Rodney King case verdict where the cops were found not guilty. It's likely that the video will be used in favor of the cops, because although there audio has the homeless guy is screaming in pain, the homeless guy is also going absolutely berserk. He resisted arrest to the end, never complied despite taking lethal force, and the initial two cops could clearly not subdue this guy. A similar thing happened in the Rodney King case in 1992 where the video showed Rodney King continuing to get up off the ground after getting pummeled. I'm no lawyer, but I'd say there's a pretty good chance of these two cops being acquitted.

  • May 9th, 2011 @ 7:37pm

    Re:

    It looks like the American Academy of Pediatrics is playing politics. They're attempting to build a database of firearms owners by asking patients and storing it in medical records (something anti-2nd amendment activists desperately desire, because it is always the first step for any country that bans firearms.

    From the AAP's own website:

    http://aappolicy.aappublications.org/cgi/content/full/pediatrics;105/4/888

    The AAP makes the following recommendations, which reaffirm and expand on the 1992 policy statement71:

    1. The AAP affirms that the most effective measure to prevent firearm-related injuries to children and adolescents is the absence of guns from homes and communities.

    a) Firearm regulation, to include bans of handguns and assault weapons, is the most effective way to reduce firearm-related injuries.

    ...

    2. The AAP urges that guns be subject to safety and design regulations, like other consumer products, as well as tracing.


    TRACING? What does tracing have to do with heathcare?!?

    By comparison, the AAP's position on swimming pool safety linked me to an outside webpage

    http://www.healthychildren.org/english/safety-prevention/at-play/Pages/Swimming-Pool-Safe ty.aspx?nfstatus=401&nftoken=00000000-0000-0000-0000-000000000000&nfstatusdescription=ERROR% 3a+No+local+token

    It appears that much of their safety suggestions just went offline, but nowhere does it mention eliminating swimming pools. So now there are reports of doctors refusing to treat patients based on a parent's decision to not answer questions of whether there are firearms within the home.

  • Nov 2nd, 2010 @ 4:13pm

    re:

    Back in 1995 when I visited France they were still using the French Franc as currency. As suggested in a post above, they already did most of the rounding by including it in prices. IIRC the franc was worth, at the time, about 1/5th of a dollar, and the 1 franc coins were carried around like we carry around quarters. During a week's stay the only time I saw centimes (french equivalent of cents) was at the currency exchange counters.

    The price for everything, tax included, came out exactly to the franc. It was awesome, because you didn't have to take anything else into account. No figuring out extra tax, no distortion or attempt to sucker people into buying something for $2.99, it was all up-front, and you only had to carry around 1 type of coin. After a few days the centimes stayed at the bottom of my luggage bag back at the hotel.

    So this has already done, and apparently proven to be a big success considering that all shops and restaurants across Paris and beyond were doing it, so I'm sure Dunkin Donuts can too.

  • Oct 25th, 2010 @ 3:44pm

    re:

    claiming that the distribution center is owned by a subsidiary, rather than by the e-commerce firm itself (yeah, nice try).
    Ownership does not mean presence a presence in a state. For example, if I bought Microsoft stock, that does not mean that I suddenly have a presence in Redmond Washington and I would be subject to their taxes.
    that means other states like AZ, NV, WA, PA, OK, KY, IN, FL will all need to charge taxes... Amazon has distribution in all of those states.....
    Doing business with a distribution company does not mean having a presence in those states. For example, if I ran a home business and shipped all of the products that I made by FEDEX, then it doesn't mean that I have a state presence in all the states where FEDEX has a presence, and I would still only have a presence in my home state.

    This just sounds like a desperate tax grab by states that are in financial trouble when online companies have become efficient and profitable, in contrast to the states themselves which have become bloated and more costly during the same time period.

  • Jul 23rd, 2010 @ 10:51pm

    Re:

    I am willing to personally rate these investments, while also taking the liability if the investments go bad. But the speculators won't be happy with my ratings. It's not going to be the Triple-A Awesome ratings that they were hoping for. Instead, it would be low ratings that hedge for the risk.

    This legislation isn't poorly designed; it is an intended consequence to get those financial institutions who need a high degree of certainty out of unknowable risks. It's not a bug, it's a feature.

    [soapbox]
    I'm sure that investors would love to play with the pensioners' money, with huge funds to make huge bets, and they don't want to be personally liable. But then we don't have the heart to say to the retirees "Sorry, your fund manager lost all your savings, so you get to live on $600.00/month SSI for the rest of your life. Thanks for playing". And there's where we get the "too big to fail" mentality and the taxpayers get stuck footing the bill.

    Downgrade the ratings on this junk until your ratings agency can't lose. The laws for certain financial institutions require high ratings because the taxpayers don't want to bail them out, so they need to abandon this market to other groups or individuals who can take on the risk and are willing to lose big. And afterwards if no one steps up to the plate, then it's not a useful market, but instead is proof positive that it was just a scam all along to speculate with a larger pool of money by re-rating junk bonds as triple-A. You can't have it both ways and consider it to be a safe investment even though you can totally lose your shorts, while the big boys aren't willing to sink their own money into it.
    [/soapbox]