the court is limited to what it can do in response to the DOJ's misconduct. Holding the DOJ responsible for the involved states' legal fees would result in the participating states effectively paying their own legal fees.
Here is a novel idea, have the DOJ lawyers pay the legal fees out of their own pockets. That might deter this sort of behavior in the future.
"it's an embarrassment for the NY Times to have allowed it to be published. Is fact checking dead at the Gray Lady?"
The New York Times has become a tabloid that does opinion pieces. Every week or two you hear about one of their high profile stories being full of "factual errors", that is political speak for totally made up.
I find this truly amusing. Europe is big on privacy laws, but not all that interested or concerned about free speech. If organizations like Union of Jewish French Students continue moving forward with ridiculous laws suits, they will end up with their section of the internet being the lowest common denominator of free speech imaginable.
I say more power to them, the more restrictive they become, the sooner they becoming a self censoring nation like China. That means less competition for the US.
"They don't get that an API is more like a map or a menu, rather than the actual stuff itself. The API is basically just explaining how to get information, not what the information itself actually is."
The map and menu lines are old and tired.
An API is like the front panel of a vending machine, you know that when you push one sequence of buttons, it will deliver you a danish, another sequence you get corn chips.
The code is the mechanism that drops the food, the machine could use screws that turn, a robotic arm, or some weird ass Rube Goldberg machine that ends with a catapult tossing your food to you.
Catastrophic failure due to momentum and threshold
It is in Comcast's best interest to open up its set top boxes. If they fail to begin competing now, sometime in the next 5 to 10 years, there will be a threshold that is reached where they are losing customers at an accelerating rate and they will begin panicking and making rushed and very poor business choices. Cord cutting, VR and other new technologies, will all come into play.
Much like all disruptive events, denial, doubt that things are changing, and monopoly business practices will lead to a rapid collapse in profitability, as they struggle to keep up with a rapidly changing business landscape. The only choice they have is to get ahead of this and be proactive. And they need to do this way before someone comes up with and open source (hardware and software) standard for content delivery. If they are rushing to play catch up at that point they are doomed.
The difference is everyone knows that Fox news, CBS, NBC, CNN are biased. People do not expect the post office, to not deliver mail from a specific political party, or AT&T to block political content it does not agree with. The same goes for Facebook, people do not expect things to be blocked or down graded.
On a totally different note. From the perspective of an investor, this censoring of new stories, would make me very nervous, as history has a way of repeating itself. MySpace was once the social media platform of choice for a sizable portion of the internet connected population.
It fell for several reason, the site attempting to become all things to all people, the failure to evolve, and the big one, the perception problem that lead to people believing MySpace was not safe.
From the perspective of Facebook being a publicly traded company, much like many news organizations, the bias in reporting is forgivable and allowable under the first amendment.
From the perspective of Facebook being the quintessential social media service provider, it is not. It would be as if AT&T, Comcast, Cox, or any other service provider suddenly decided what you have access to and what you do not.