anonymousanonymouscoward 's Techdirt Comments

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  • On the post: Apathy Isn't A Business Model: Major US Telcos Teeter Toward Bankruptcy

    anonymousanonymouscoward ( profile ), 18 Nov, 2019 @ 09:49am

    Re: Re: Re: Re: Re: Re: Out of service... again...

    You might be right, it seems I misread that paragraph. However, some courts have denied mandatory arbitration clauses, for different reasons.. The issue then becomes having the financial resources to proceed on such a course.

  • On the post: Apathy Isn't A Business Model: Major US Telcos Teeter Toward Bankruptcy

    anonymousanonymouscoward ( profile ), 18 Nov, 2019 @ 09:23am

    Re: Re: Re: Re: Out of service... again...

    Maybe they can: CFPB Issues Rule to Ban Companies From Using Arbitration Clauses to Deny Groups of People Their Day in Court I don't know if this still stands, but I didn't find anything to say it doesn't.

  • On the post: Brooklyn DA's Office Latest To Release A List Of Cops It Doesn't Want Anywhere Nears Its Prosecutions

    anonymousanonymouscoward ( profile ), 18 Nov, 2019 @ 04:07pm

    We swore to tell the truth, honestly

    Honestly, the dishonesty claim by the Brooklyn DA's office is dishonesty in itself. Those supposedly dishonest cops are so honest that they honestly represented to us that they were absolutely honest about being honest and that the claims of dishonesty were dishonestly presented. They also averred that the particular instances where the claims of dishonesty were actually honest attempts to assert the honest truth. That they were claimed to be dishonest, was a dishonest assertion that what they say happened vs what we said happened was a dishonest attempt to make false claims against our honesty, despite what the videos show. Honestly, we can't be more honest, and that 's the honest truth.

    So say numerous affidavits by the New York City's police unions, mysteriously identical.

    /s

  • On the post: Andrew Yang's Horrible, No Good, Very Bad Tech Policy

    anonymousanonymouscoward ( profile ), 18 Nov, 2019 @ 10:17am

    The difference between creating and creating.

    One might 'create' something by doing something. One 'creates' a shadow by standing in the sun. One 'creates' a 'path' by walking from one place to another. One 'creates' log files by using a computer. One 'creates' 3rd party telephone information by making a phone call. Trying to 'own' any of these creations is ludicrous. Does one own your name? Well, how many others exist in the world that have that same name? Claiming that they are property is even more ludicrous.

    Then there is 'creating' by dreaming up some concept and expressing it, in a book, in a painting, in a statue, in a song, etc.. This is what is normally considered creation, but ideas are ethereal, even if expressed in something solid. One might own that something solid, but the idea is still ethereal.

    The idea of ethereal constructs being property is is as ethereal as any other idea. The purpose of the US Constitution Article 1, section 8, clause 8 is to promote creation of ideas, not to establish a new form of property.

    Now I agree that the collection of, and dissemination of personally identifying information is a bad thing. The problem comes in how to control that. Just using the Internet creates a collection such information. Where we get pissed is when that collection of information is used as a commodity or is used to attack us. Focusing on those two issues should be how we go about fixing this issue. To date I haven't heard any good ways to do that, at least not without 'throwing the baby under the bus', so to speak.

  • On the post: Big News: Supreme Court To Hear Google v. Oracle Case About API And Copyright

    anonymousanonymouscoward ( profile ), 15 Nov, 2019 @ 07:56pm

    Re: Re: Re: Re: Interface != Implementation

    Assuming tongue in mouth ala Monte Python, what makes you think the Supreme's (with apologies to Dianna Ross and the Primettes) can understand the specifics? I mean, for example, if you network doesn't connect is it a hardware or software issue? How do you tell? If your software doesn't work, is it bad software, or an OS incompatibility, or is your system infested with some malware? If you want to query a website about something specific, to you just use CNTRL f in the browser or an API setup to do that king of query. You might, and I think I know that the API isn't a part of the website, but a way to interact with it that doesn't include a browser. Is it software on its own or a part of the websites software. It might be software as it is a set of code, but it is not executable code and it merely points to those parts of the output of executable code that one is interested in. How hard is that to comprehend? Well, what took your network down, hardware, software, the ISP failing, something you did, but didn't know you did, something else (I have found at times that something else applies)? How are some lawyers gonna splain that to some egocentric lawyers sitting on a bench set above all other benches?

  • On the post: Appeals Court Denies Qualified Immunity To Cop Who Argued Citizens Have No Right To Defend Themselves Against Armed Intruders

    anonymousanonymouscoward ( profile ), 15 Nov, 2019 @ 06:14pm

    Re:

    "Inverted Castle Doctrine"
    Wouldn't that depend upon what it was inverted into? There is the 'cop's' way, and there is the 'suspects' way and then there is the 'prosecutors' way and after that there is the 'courts' way and further down the line there is the 'Appellate Courts' way. This is all assuming that we don't include any 'other imaginary' ways, or getting to the Supreme court, whether state or federal. There are a lot of ways to look at this, and some of them are seriously humorous. Then there is the right way, and that isn't humorous at all.

  • On the post: Giant Publisher Macmillan Goes To War Against Libraries

    anonymousanonymouscoward ( profile ), 15 Nov, 2019 @ 05:13pm

    Re: Re: Re: There's more than one likely outcome of this behavio

    Publishers are at war with the declining necessity of their business, or business model. The reference is to buggy whip manufacturers. They are trying to fight the allegorical existence of cars. There is no way to refute the fact of cars. As there is no way to refute the existence and eventual primacy of eBooks.. They are fighting for their existence in their current business model, rather than reinventing themselves as being the premier supplier of editing, marketing, cover art, etc.. They may have to change the way they pay employees and authors, but the alternative is to waste a lot of money while they drive themselves into bankruptcy. I have no doubt that is the way they will go. If not, color me surprised. While on the other hand, torrents provide nearly instant satisfaction and are nearly impossible to stop, regardless of how hard one tries. Torrents are in fact a form of marketing, See Paulo Coelho and follow the links to Paulo Coelho articles on Techdirt . If Macmillan could find a business model that included torrents along with some forms of monetary conduction then they would be set, for at least a couple of decades or so. To think that what you do now will continue to work in the future is the mindset of failure. Thinking about what is, and what is to come, as rapidly as it come is the way to keep businesses fresh and alive. One of the difficulties of today is that change is coming evermore so rapidly and will continue to increase in it's rapidity. Get ready to run business, it's no longer jogging, and the next step is faster than one can run. How you gonna do that?

  • On the post: Richard Liebowtiz's Lawyer To Judge: Please Excuse His Lying To The Court Since He Doesn't Really Know How To Law

    anonymousanonymouscoward ( profile ), 15 Nov, 2019 @ 06:46pm

    When it comes to covering up, one needs to know how to cover up.

    I don't doubt that Richard Greenberg is a competent lawyer, but I have little to go on for that. But when it comes to covering up someone else's actions I have a feeling that it would take a bunch of time and effort, and a lot of understanding about what was going on (lawyer/client privilege implied to not revealing the underhandedness of any 'goings on'). A couple of days, not nearly enough time.

    Then, to respond without actually knowing what is going on seems like a probie mistake. While Richard Greenberg probably isn't a baby lawyer, it does seem like Richard Liebowitz is acing like one. But don't get me started on what Scott Greenfield thinks about baby lawyers, it would get nasty.

    "...He graduated with a BA degree in communications from the University of Pennsylvania in 2010, and with a J.D. degree from Hofstra University Law School in 2014. In 2015 he was admitted by the Second Department to the Bar of the State of New York, and in the same year he opened the Liebowitz Law Firm..."

    How long does it take to get from being a baby lawyer to a full fledged advocate?

  • On the post: Big News: Supreme Court To Hear Google v. Oracle Case About API And Copyright

    anonymousanonymouscoward ( profile ), 15 Nov, 2019 @ 05:49pm

    Technology for technologists.

    I wound up with some very serious technological problems here at home. I am not a technologist by training or or avocation, though I do understand some of it. Some issues were resolved, others are outstanding. The point is what I went through to resolve those issues would likely be beyond most people.

    When it comes to technology, and understanding, I have little hope that any of the Supreme's will, OK, let's say it, compute. There is that one judge, William H. Alsup that learned to code, in this very case in fact, in order to improve his understanding of what was going on. I have little expectation that any of the Supreme's will either comprehend what he did, or do so for themselves. I think they tend to see themselves above, and in their point of view above whatever the intricacies of nuance that exist, and see themselves as merely arbitrators of law. How closed minded of them. There is a real world out here, and it is changing fast, and faster. For the Supreme's to keep up, they are going to have to change as well. Not just their mindset, but their understanding of the real world, as it changes.

  • On the post: Journalists Publish List Of Convicted Cops The State's Attorney General Said Was Illegal For Them To Have

    anonymousanonymouscoward ( profile ), 15 Nov, 2019 @ 05:37pm

    Shame on the strength of the lobbies

    If the law enforcement lobby wasn't able to exert as much force as it does on the California legislature, then this would likely no be a big issue. They would not feel pressure to enact laws that would automatically de-certify any law enforcement officer convicted of any crime. They would also not be able to strong arm elected prosecutors into not prosecuting officers accused of crimes. That extends to preventing the disclosure of officers who have been found to cheat and lie on the witness stand and become Brady disclose able, which they should and therefore be prevented from testifying. In the end, it should be the case that if an officer becomes Brady disclose able, they should lose their certification to be law enforcement officers.

  • On the post: Impeachment Hearings Highlight More Trump Phone OPSEC Failures

    anonymousanonymouscoward ( profile ), 15 Nov, 2019 @ 08:56am

    Re: Trump's phones

    How would we know they haven't already? It's not like Trump is gonna tell us, and I would suspect that those in his administration who would know would rather keep their jobs than tell.

  • On the post: Giant Publisher Macmillan Goes To War Against Libraries

    anonymousanonymouscoward ( profile ), 15 Nov, 2019 @ 09:20am

    There's more than one likely outcome of this behavior

    "...the more likely outcome is that readers will get frustrated, simply move on, and forget about the book entirely to the point of never reading it..."

    I think it will be more of a split between people forgetting about the book or finding it on a torrent. In that case Macmillan and other publishers who might follow this practice will be even more out of luck, and unfortunately the authors as well.

    I don't know enough about Amazon's self publishing policy, but it would seem like a better way to go for authors (if one can stomach Amazon). That still leaves some parts of the 'authoring chain' out, such as editing, marketing, cover creation, and maybe a part or two I am not thinking of right now.

  • On the post: Lawsuit: An Officer's BS Claims About 'Odor Of Marijuana' Led To 14 SWAT Team Members Pointing Guns At Our Kids

    anonymousanonymouscoward ( profile ), 13 Nov, 2019 @ 04:44pm

    Re: Re:

    The article did say the smelled fresh marijuana, not smoked. I am guessing that marijuana plants give of a distinctive odor, but I am wondering if that odor is strong enough to pass through closed doors and windows?

    It would certainly be comedic to give Joseph Tapp a smell test in the courtroom. I wonder how that might be setup?

  • On the post: FBI Asks Congress To Permanently Reauthorize The Phone Record Collection The NSA Voluntarily Shut Down

    anonymousanonymouscoward ( profile ), 12 Nov, 2019 @ 01:33pm

    It would certainly be easier for us

    "NSA’s decision to suspend the CDR program does not mean that Congress should allow the CDR authority to expire. Rather, that decision shows that the Executive Branch is a responsible steward of the authority Congress afforded it, and that the numerous constraints on the government imposed by the FREEDOM Act, including oversight by the FISC, are demanding and effective. As technology changes, our adversaries’ tradecraft and communications habits continue to evolve and adapt. In light of this dynamic environment, the administration supports reauthorization of the CDR provision so that the Government will retain this potentially valuable tool should it prove useful in the future."

    To begin with, the Executive branch has NOT shown itself to be a responsible steward of authority in anything. They operate under the premise that it is better to ask forgiveness than permission, and after having followed that premise they now want it sanctioned.

    Oversight by the FISC has been abysmal. They keep giving permissions where only foreign targets should apply to targeting US targets, and generally, it seems (they won't release enough information to tell for sure) without probable cause. And they won't grant standing when serious questions about the integrity of their decisions are legitimately asked by responsible people and/or groups.

    Then there is the Five Eyes problem. Anything the can't get here they get from them. I am guessing that asking for so many favors from their four partners causes a severe deficit in the favor category and the Executive is now trying to get out from under those burdens.

    They should spend their time and money locking down all those 'dangerously' evolving technologies that regularly adapt to our severely antiquated electronic security. That is if that security exists at all.

    I also have doubts about whether they can keep us 'safe' (whatever that means today) using other methods. Those methods might have other issues, but they worked for a long time before all this 'push button' spying came into vogue.

  • On the post: Funniest/Most Insightful Comments Of The Week At Techdirt

    anonymousanonymouscoward ( profile ), 10 Nov, 2019 @ 07:16pm

    Re: The Mouse that won't die

    Makes me wonder if anyone has ever tried to set a trap for that mouse. It would take a really big block of cheese.

  • On the post: Funniest/Most Insightful Comments Of The Week At Techdirt

    anonymousanonymouscoward ( profile ), 10 Nov, 2019 @ 01:13pm

    Re: The Mouse that won't die

    Makes me wonder if anyone has ever tried to set a trap for that mouse. It would take a really big block of cheese.

  • On the post: Federal Court Says Man Arrested For 'Criminally Defaming' Cops Can Continue Suing To Block The Law From Being Enforced

    anonymousanonymouscoward ( profile ), 07 Nov, 2019 @ 04:09pm

    Re: Depends on the point of view you're using

    While there might be many public perspectives, one might be wasting resources (that the public pay for) while those resources might be expended upon actual criminal investigation and prosecution. Butt hurt doesn't count as either of those, but spending time on this case rather than actual crimes might count as corruption, whereby the actions of the law enforcement personnel act for their benefit rather than the community they serve, erm, are paid by..

  • On the post: McDonald's Bullies Local Canadian Burger Joint Over 'Filet O' Fish' Trademark

    anonymousanonymouscoward ( profile ), 23 Oct, 2019 @ 06:02pm

    If we don't filet the fish, they would be whole

    Fish filet's. Fish filet's. Or, going the other way, filet of fish. Purely descriptive. So I am trying to figure out how a missing 'f' and an added single apostrophe could turn something purely descriptive into a trademark. Anywhere.

    Going one step further, I seriously doubt that McDonald's filet of fish is in fact a fish filet. I might be a part of a fish filet, but it is not in fact a whole fish filet. It is even possible that it is comprised of pieces of fish stuck together with a very sticky fish protein which is pressed into a mold (that is if one notices that they are all the same size and shape, unlike, well, you know, fish filet's) then breaded and frozen.

  • On the post: Phoenix Cop Sues Department To Block Investigation Of Officers' Questionable Social Media Posts

    anonymousanonymouscoward ( profile ), 23 Oct, 2019 @ 04:01pm

    Listen to those shredders

    "Defendant Disotell and other PSB personnel present at the investigative review process meeting were unable to provide any examples of any situations in which Plaintiff Hernandez acted without “moral integrity” or failed to “work cooperatively, courteously, but firmly with all segments of the public” (quotations from the discipline investigation) other than the Facebook posts that were the focus of the investigation."

    Could it be that PSB, along with other law enforcement agencies, has sequestered all of their disciplinary files to a round bin with a burn sign over it? He made the Brady list:

    "...(the Brady list is a list of police officers who are so notoriously unreliable and dishonest that prosecutors must disclose the officer's reputation to defense lawyers)."

    Yet they know nothing about it? Very Sargent Shultz of them.

  • On the post: Study Says Broadband Caps Are A Big Problem For Google's Game Streaming Ambitions

    anonymousanonymouscoward ( profile ), 23 Oct, 2019 @ 01:33pm

    Don't mind us, we're providing a service, transport extra.

    This issue gets worse when one considers all the companies moving to software as a service. I don't know if those 'services' are executing their software totally on the remote server and just your data moves back and forth, or if some portions are downloaded and executed on your computer. Even if there is no software downloading In the situation where you are working on large files, say a graphical presentation or a movie, or a series of photographs that would be a lot of data moving back and forth.

    In the question of chicken or egg, did software as a service just happen to feed the bandwidth cap frenzy or are those placing those caps pushing the concept of software as a service. Either way, we lose big.

    There are other issues with software as a service, such as privacy, since whatever you are working on will be exposed to whichever service you are using, whether you like it or not. I am certain there are other issues as well.

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