This had to be at least partially cost/benefit motivated
I have dealt with Getty on numerous occasions for clients. Their "representatives" spoke in unrealized absolutes ("We will sue"), and were hardwired to try to collect $350-750+ per image regardless of the circumstances, how long the image was online, whether it was the web developer's fault, etc. Granted, these are not really *legal* considerations in a lawsuit, but they do color the situation.
So we'd just run Getty through the paces. Negotiate back and forth, stall on responding, try to talk them down, push them to the edge of their bluff -- basically make it so whatever they might have eventually gotten to settle was less than it cost them to get there. That in addition to the probably largely-uncollectable lawsuits...
Perhaps enough folks did things like that to warrant rethinking their hardline stance.
Regardless how they got there, they can have the "forward thinking" benny-'o-doubt. Good for them.
I guess these lawyer-type folks haven't heard of 47 USC §230(c) ... that 15+ year-old federal statute that immunizes interactive websites from defamation liability for statements by its users. You know, the one that essentially allows social media sites, forums, and comment threads like this one to exist in the first place? That one?
Anyway, have fun defending that Motion to Dismiss.
I do believe this is the best judicial paragraph outlining the *issue* it is analyzing that I have read in a very long time:
When do present-day circumstances--the evolutions in the Government's surveillance capabilities, citizens' phone habits, and the relationship between the NSA and telecom companies--become so thoroughly unlike those considered by the Supreme Court thirty-four years ago that a precedent like Smith simply does not apply? The answer, unfortunately for the Government, is now.
* Stef Coburn's story is apocryphal at best * Coburn states he is not a Doctor Who fan, and calls it a "children's programme" in the same sentence? Way to engender support for your cause. * Coburn's a prick * Strictly speaking, it's "TARDIS" or even "T.A.R.D.I.S." - being an acronym. (But Guardian spelled it "Tardis" too, so point not belabored.)
Wow that was interesting. I have noticed that the older and more knowledgeable I get, the less inclined I am to offer opinions based on that knowledge (because it might not be entirely right). But I didn't know that was a good thing.
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.